Redlands City Council
September 5, 2023

September 2021
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Local Assistance Procedures Manual Exhibit 12-B
Bidder’s List of Subcontractors (DBE and Non- DBE)
Exhibit 12-B: Bidder’s List of Subcontractor (DBE and Non-DBE) - Part 2 In accordance with Title 49, Section 26 of the Code of Federal Regulations, the Bidder shall list all subcontractors who provided a quote or bid but were not selected to particip ate as
a subcontractor on this project.

FEDERAL PROJECT NUMBER:

Photocopy this form for additional f irms.

Subcontractor Name & Location Line Item & Description Subcontract Amount
Percentage of
Bid Item
Subcontracted
Contractor License N umber DBE
(Y/N) DBE Cert Numb er Annual Gross Receipts
DIR Reg Number
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
e of Firm in
years
NAME < $1 million
< $5 million
< $10 million
City, State < $15 million
Age of Firm in
years
Distribution – Original: Local Agency File; Copy: DLAE w/Award Package

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I
Local Assistance Procedures Manual Exhibit 15-G
Construction Contract DBE Commitment
EXHIBIT 15-G CONSTRUCTION CONTRACT DBE COMMITMENT

1. Local Agency: 2. Contract DBE Goal:

3. Project Description:

4. Project Location:

5. Bidder's Name: 6. Prime Certified DBE:  7. Bid Amount:

8. Total Dollar Amount for ALL Subcontractors: 9. Total Number of ALL Subcontractors:

10. Bid 12. DBE 14. DBE11. Description of Work, Service, or Materials 13. DBE Contact InformationItem Certification DollarSupplied (Must be certified on the date bids are opened)Number Number Amount Local Agency to Complete this Section upon Execution of Award

21. Local Agency Contract Number:

15. TOTAL CLAIMED DBE PARTICIPATION

22. Federal-Aid Project Number:
%

23. Bid Opening Date:

24. Contract Award Date:

IMPORTANT: Identify all DBE firms being claimed for credit,

25. Award Amount: ________________________________________________________ regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed above must be consistent, where applicable with the names and items of the work in the Local Agency certifies that all DBE certifications are valid and information on "Subcontractor List" submitted with your bid. Written confirmation of this form is complete and accurate. each listed DBE is required.

26. Local Agency Representative's Signature 27. Date 16. Preparer's Signature 17. Date

28. Local Agency Representative's Name 29. Phone 18. Preparer's Name 19. Phone

30. Local Agency Representative's Title 20. Preparer's Title DISTRIBUTION: 1. Original – Local Agency

2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.

3. Include additional copy with award package.

LPP 18-01 Page 1 of 3
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Local Assistance Procedures Manual Exhibit 15-G
Construction Contract DBE Commitment
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS -89, Sacramento, CA 95814.

INSTRUCTIONS – CONSTRUCTION CONTRACT DBE COMMITMENT

CONTRACTOR SECTION

1. Local Agency - Enter the name of the local agency that is administering the contract.

2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.

3. Project Location - Enter the project location(s) as it appears on the project advertisement.

4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc).

5. Bidder’s Name - Enter the contractor’s firm name.

6. Prime Certified DBE - Check box if prime contractor is a certified DBE.

7. Bid Amount - Enter the total contract bid dollar amount for the prime contractor.

8. Total Dollar Amount for ALL Subcontractors – Enter the total dollar amount for all subcontracted contractors.

SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count.

9. Total number of ALL subcontractors – Enter the total number of all subcontracted contractors. SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count.

10. Bid Item Number - Enter bid item number for work, services, or materials supplied to be provided.

11. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime contractor’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.

12. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.

13. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted contractors.

Also, enter the prime contractor’s name and phone number, if the prime is a DBE.

14. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime contractor if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.

15. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column. %: Enter the total DBE participation claimed (“Total Claimed DBE Participation Dollars” divided by item “Bid Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).

16. Preparer’s Signature - The person completing the DBE commitment form on behalf of the contractor’s firm must sign their name.

17. Date - Enter the date the DBE commitment form is signed by the contractor’s preparer.

18. Preparer’s Name - Enter the name of the person preparing and signing the contractor’s DBE commitment form.

19. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment form.

20. Preparer’s Title - Enter the position/title of the person signing the contractor’s DBE commitment form.

LOCAL AGENCY SECTION

21. Local Agency Contract Number - Enter the Local Agency contract number or identifier.

22. Federal-Aid Project Number - Enter the Federal-Aid Project Number(s).

23. Bid Opening Date - Enter the date contract bids were opened.

24. Contract Award Date - Enter the date the contract was executed.

25. Award Amount – Enter the contract award amount as stated in the executed contract.

26. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Contractor Section of this form is complete and accurate.

27. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.

28. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the contractor’s DBE commitment form.

29. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment form.

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Local Assistance Procedures Manual Exhibit 15-G
Construction Contract DBE Commitment

30. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the contractor’s DBE commitment form.

LPP 18-01 Page 3 of 3
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Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
EXHIBIT 15-H: PROPOSER/CONTRACTOR GOOD FAITH EFFORTS
Cost Proposal Due Date ___________________ PE/CE
Federal-aid Project No(s). _____________________ Bid Opening Date ___________________ CON The established a Disadvantaged Business Enterprise (DBE) goal of ______ for this contract. The information provided herein shows the required good faith efforts to meet or exceed the DBE contract goal.

Proposers or bidders submit the following information to document their good faith efforts within five (5) calendar days from cost proposal due date or bid opening. Proposers and bidders are recommended to submit the following information even if the Exhibit 10-O1: Consultant Proposal DBE Commitments or Exhibit 15-G:

Construction Contract DBE Commitment indicate that the proposer or bidder has met the DBE goal. This form protects the proposer’s or bidder’s eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error.

The following items are listed in the Section entitled “Submission of DBE Commitment” of the Special Provisions, please attach additional sheets as needed:

A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication):

Publications Dates of Advertisement
B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):

Names of DBEs Solicited Date of Initial Solicitation Follow Up Methods and Dates

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Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
C. The items of work made available to DBE firms including those unbundled contract work items into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation in order to meet or exceed the DBE contract goal.

Items of Proposer or Bidder Breakdown of Amount Percentage Work Normally Performs Item Items ($) Of
(Y/N) Contract
D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE:

Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs:

Names, addresses and phone numbers of firms selected for the work above:

E. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining information related to the plans, specifications and requirements for the work which was provided to DBEs:

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Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
F. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining bonding, lines of credit or insurance, necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate:

G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.):

Name of Agency/Organization Method/Date of Contact Results H. Any additional data to support a demonstration of good faith efforts:

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APPENDIX D
FHWA-1273

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
I. General
II. Nondiscrimination
III. No segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water Pollution Control Act
X. Compliance with Government wide Suspension and Debarment Requirements
XI. Certification Regarding Use of Contract Funds for Lobbying

ATTACHMENTS
A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only)
I. GENERAL

1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services).

The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract).

2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract.

3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.

4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors.

II. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625- 1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627.

The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements.

1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract.
b. The contractor will accept as its operating policy thefollowing statement:
"It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training." FHWA-1273 -- Revised May 1, 2012

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

2. EEO Officer: The contractor will designate and make known to the contracting officers and EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting and active EEO program and who must be assigned adequate authority and responsibility to do so.

3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are
substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:
a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will bereviewed and explained. The meetings will be conducted by the EEO Officer.
b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means.

4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources
procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment.

Information and procedures with regard to referring such applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability.

The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wagespaid within each classification to determine any evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence ofdiscrimination.

Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.

6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance
requirements for each.
d.

The contractor will periodically review the training andpromotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:
a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.
d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.

8. Reasonable Accommodation for Applicants / Employees
with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under.

Employers must provide reasonable accommodation in all
employment activities unless to do so would cause an undue hardship.

9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

FHWA-1273 -- Revised May 1, 2012

10. Assurance Required by 49 CFR 26.13(b):
a. The requirements of 49 CFR Part 26 and the State DOT’s U.S.

DOT-approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate.

11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements.

Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the following:
(1) The number and work hours of minority and non-minority group members and women employed in each work classification on the project;
(2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women.
b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.

III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more.

The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects.

The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA-1273 format and FHWA program requirements.

1. Minimum wages
a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4).

Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
b.
(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

FHWA-1273 -- Revised May 1, 2012
(i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

2. Withholding
The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis- Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

3. Payrolls and basic records
a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid.

Whenever the Secretary of Labor has found under 29 CFR

5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals.

Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and FHWA-1273 -- Revised May 1, 2012
current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.
(2) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the
persons employed under the contract and shall certify the following:
(i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;
(ii)That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

4. Apprentices and trainees
a. Apprentices (programs of the USDOL).

Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.

The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.

Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination.

In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
b. Trainees (programs of the USDOL).

Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration.

FHWA-1273 -- Revised May 1, 2012
The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration.

Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.

In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
d. Apprentices and Trainees (programs of the U.S. DOT).

Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program.

5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.

6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.

7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

8. Compliance with Davis-Bacon and Related Act requirements.

All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.

9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S.

Department of Labor, or the employees or their representatives.

10. Certification of eligibility.
a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in theU.S.

Criminal Code, 18 U.S.C. 1001.

V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act.

These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth inparagraph(1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section.

FHWA-1273 -- Revised May 1, 2012

3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section.

4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section.

VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction contracts on the National Highway System.

1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).
a. The term “perform work with its own organization” refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime contractor meets all of the following conditions:
(1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees;
(2) the prime contractor remains responsible for the quality of the work of the leased employees;
(3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract.

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions.

3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority todirect performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.

4.No portion of the contract shall be sublet, assigned orotherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract.

5. The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performancerequirements.

VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract.

2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926)
promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).

3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704).

VIII. FALSE STATEMENTS CONCERNING HIGHWAY

PROJECTS
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible.

Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness ofthese and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and
supplemented;
Shall be fined under this title or imprisoned not more than 5 years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL

WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows:

1. That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act.

2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements.

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language
FHWA-1273 -- Revised May 1, 2012
X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION,

INELIGIBILITY AND VOLUNTARY EXCLUSION
This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200.

1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below.

The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this
transaction for cause of default.
d. The prospective first tier participant shall provide immediatewritten notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold.
h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, checkthe Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render ingood faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.
* * *

2. Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion – First Tier Participants:
a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
(2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

2. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200)
a. By signing and submitting this proposal, the prospective lowertier is providing the certification set out below.
b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g.

A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration.

FHWA-1273 -- Revised May 1, 2012
h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and normally possessed by a prudent person in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.
* * * * *
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants:

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. * * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS

FOR LOBBYING
This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20).

1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

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Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352.

Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed information of participant is not required to exceed that which is $100,000 and that all such recipients shall certify and disclose accordingly.

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12. FEMALE AND MINORITY GOALS

To comply with Section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction Contracts," the following are for female and minority utilization goals for Federal- aid construction contracts and subcontracts that exceed $10,000:

The nationwide goal for female utilization is 6.9 percent.

The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows:

MINORITY UTILIZATION GOALS

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For the last full week of July during which work is performed under the contract, the prime contractor and each non material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15.

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13. TITLE VI ASSURANCES

APPENDIX A. During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:

a. Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.

b. Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.

c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.

d. Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives.

Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information.

e. Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:

i. withholding of payments to CONTRACTOR under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part.

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f. Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX E. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non-discrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority Redlans Regular Meeting of 09-05-2023
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populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

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APPENDIX E

FEDERAL WAGE RATES

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Refer to the Federal Wage Determination for State: California; Construction Types: Building, Heavy (Heavy and Dredging) and Highway; County: San Bernardino County in California on sam.gov.

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APPENDIX F

ENVIRONMENTAL COMMITMENTS RECORD
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Environmental Commitments Record
1 | P a g e

Date: 12/12/2022

NEPA CE
Project Phase:

PA/ED (DED/FED)
PS&E Submittal
Construction

ENVIRONMENTAL COMMITMENTS RECORD
Orange Blossom Trail Crossings
08-SBd-Redlands
FPN: HSIPL 5083(024)

Avoidance, Minimization,
and/or Mitigation Measures
Page
# in
Env.

Doc.

Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical
Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
If applicable,
corresponding
construction
provision:
(standard,
special, non-
standard)
Action(s)
Taken to
Implement
Measure
Measure Completed
(Date and Initials) Remarks
Environmental
Compliance
YES NO
Cultural Resources
CR-1: If buried cultural
resources are encountered
during Project Activities, it
is Caltrans policy that work
stop in that area until a
qualified archaeologist can
evaluate the nature and
significance of the find.

Standard on
Projects.

RE/Contractor

Construction Standard
Specifications
2015:

Section:
14-2.02A
Archeological
Resources:

General.

Contact Andrew Walters
(909) 383-2647.

CR-2: In the event that
human remains are found,
the county coroner shall be
notified and ALL
construction activities
within 60 feet of the
discovery shall stop.

Pursuant to Public
Resources Code Section
5097.98, if the remains are
thought to be Native
American, the coroner will
notify the Native American
Heritage Commission
(NAHC) who will then notify
the Most Likely Descendent
(MLD). The person who

Standard on
Projects.

RE/Contractor

Construction Standard
Specifications
2015:

Section:
14-2.02A
Archeological
Resources:

General.

Health & Safety
Code 7050.5 &
Public Resource
Code 5097

Contact Andrew Walters
(909) 383-2647.

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Environmental Commitments Record
2 | P a g e

Date: 12/12/2022

NEPA CE
Project Phase:

PA/ED (DED/FED)
PS&E Submittal
Construction

ENVIRONMENTAL COMMITMENTS RECORD
Orange Blossom Trail Crossings
08-SBd-Redlands
FPN: HSIPL 5083(024)

Avoidance, Minimization,
and/or Mitigation Measures
Page
# in
Env.

Doc.

Environmental
Analysis Source
(Technical Study,
Environmental
Document, and/or
Technical
Discipline)
Responsible for
Development
and/or
Implementation
of Measure
Timing/
Phase
If applicable,
corresponding
construction
provision:
(standard,
special, non-
standard)
Action(s)
Taken to
Implement
Measure
Measure Completed
(Date and Initials) Remarks
Environmental
Compliance
YES NO
discovered the remains will
contact the District 8
Division of Environmental
Planning; Andrew Walters,
DEBC: (909)383-2647 and
Gary Jones, DNAC:
(909)383-7505. Further
provisions of PRC 5097.98
are to be followed as
applicable.

PERMITS ARE REQUIRED FOR THIS PROJECT: N/A

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APPENDIX G

CONTRACTOR SAFETY PROGRAM
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THE CITY OF REDLANDS

CONTRACTOR SAFETY

PROGRAM
Rev. June 15, 2021
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TABLE OF CONTENTS
I. POLICY ......................................................................................................................3 II. AUTHORITY ..............................................................................................................3 III. SCOPE .....................................................................................................................3 IV. DEFINITIONS ...........................................................................................................3 V. RESPONSIBILITIES ....................................................................................................4 RISK MANAGEMENT... …………………………………………………………………………………………………………4 PROJECT MANAGER (CITY)……………………………………………………………………………………………………..5 INSPECTOR (CITY)………………………………………………………………………………………………………………..5 EMPLOYEES (CITY)……………………………………………………………………………………………………………….5 CONTRACTOR…………………………………………………………………………………………………………………….5 PROJECT SAFETY OFFICIAL……………………………………………………………………………………………………..6 VI. PROGRAM ..............................................................................................................6 SAFETY PREQUALIFICATION QUESTIONNAIRE……………………………………………………………………………..6 APPEAL PROCESS…………………………………………………………………………………………………………………7 CONSTRUCTION PROJECTS (TIER I AND TIER II)…………………………………………………………………………….8 INSPECTIONS……………………………………………………………………………………………………………………..9 TRAINING/DOCUMENTATION………………………………………………………………………………………………...9 NON-COMPLIANCE………………………………………………………………………………………………………………9 CITY PERSONNEL………………………………………………………………………………………………………………….9 VII. RECORDKEEPING………………………………………………………………………………………………….10 VIII. ADDITIONAL REFERENCES ................................................................................... 10 ACKNOWLEDGMENT OF RECEIPT (A)……………………………………………………………………………………….11 SAFETY PREQUALIFICATION QUESTIONNAIRE (B)………………………………………………………………………..12 NOTICE OF NONCOMPLIANCE (C)…………………………………………………………………………………………..13 JOB HAZARD ANALYSIS (D)……………………………………………………………………………………………………14 INCIDENT INVESTIGATION FORM (E)………………………………………………………………………………………..15 Redlans Regular Meeting of 09-05-2023
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3 I. Policy

CONTRACTOR SAFETY PROGRAM
The purpose of this Contractor Safety Program (“CSP”) is to ensure, as best as reasonably possible, the protection and safety of all persons and property during construction activities undertaken by private contractors on behalf of the City of Redlands (“C ity”). The City has a comprehensive and structured approach in outsourcing services performed on City facilities by third -party persons and entities (“Contractor(s)”). The first phase of this comprehensive approach includes actively screening Contractors based on safety records, safety performance, and safety compliance. After the qualified Contractor is awarded a contract, the Contractor must then ensure compliance with all local, state, federal and Cal/OSHA regulations applicable to the contracted scope o f work, and requirements set forth within this CSP. The Contractor, its agents , and personnel must adhere to the policies and procedures set forth by this CSP and all applicable laws and regulations.

II. Authority
California Code of Regulations, Title 8, Section 336.10 “Determination of Citable Employer” California Code of Regulations, Title 8
“Greenbook” Standard Specifications for Public Works Construction Redlands Municipal Code
California Building Code
III. Scope
This CSP applies to all Contractors who provide or render construction or improvement services for City- owned property and facilities.

The Contractor services covered under this CSP include, but are not limited to, the following:

A. New construction;
B. Remodeling;
C. Facility maintenance or repair;
D. Equipment installation or maintenance; and
E. Services (i.e. janitorial, fleet operations, landscaping, etc.)

Consultants/ Professional service providers are exempt from having to submit a Safety Prequalification Questionnaire (“SPQ”), prior to the beginning of work, but they are expected to be compliant with industry best practices with regards to maintaining a safe work environment for their employees and others.

IV. Definitions
A. Contract – any written agreement between the City of Redlands and a Contractor, to perform a specified scope of work on City facilities. With respect to this policy, a contract includes, but is not limited to: awarded purchase orders, bids, and/ or project contracts.

B. Construction Work – construction, alteration, and/or repair, including painting and decorating.

C. Contractor – a person or entity (including all personnel) awarded a contract to perform work on City property or facilities.

D. D.A.R.T Rate – Injuries and illnesses severe enough to warrant: Days Away, Restrictions and Transfers. The DART rate is calculated using the following formula: Number of OSHA Recordable injuries and illnesses that resulted in Days Away x 200,000/divided by total hours worked by all employees during the year covered.

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4 E. Designated Work Area – an area where it is necessary to restrict or limit entry or access of nonessential personnel or the public. Examples include work areas involving remediation abatement, demolition, excavation, and overhead lifting.

F. Facilities – any building or property owned by the City of Redlands.

G. Hazard – source or situation with a potential for harm in terms of injury or health, damage to property, damage to workplace environment, or a combination of these.

H. Job Hazard Analysis (“JHA”) – a technique that focuses on job tasks as a way to identify hazards before they occur. It focuses on the relationship between the worker, the task, the tools, and the work environment. The objective is to eliminate the r isk or to utilize control measures to reduce the risk.

I. North American Industry Classification System ( “NAICS”) – is the standard used by Federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business economy.

J. Non-compliance – any deviation from standards, practices, processes, procedures, regulations etc. that could either directly or indirectly lead to injury or illness, property damage, damage to the workplace environment, or any combination of these criteria.

K. Notice of non-compliance – form provided to the Contractor by the City alerting the contractor of non-compliance with City specifications, Cal/OSHA regulations, or any other generally accepted safe work practice.

L. Non-compliant hazardous work condition – any hazard that is considered to be non- compliant with State or Federal safety and health regulations, City specifications, or any inconsistency with generally accepted work practices.

M. Personnel – all Contractor employees, contractors, sub-contractors and agents provided access to City property or facilities.

N. Recordable Incident – any injury or illness resulting in death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, or loss of consciousness per OSHA Section 1904.7(a).

O. Safety Tailgate – informal safety meeting generally conducted at the job site prior to the commencement of a job or work shift.

P. Services – any and all, labor, duties, functions and activities required to be performed by the Contractor under the contract and any subsequent addenda.

V. Responsibilities

RISK MANAGEMENT
A. Update, maintain, and administer this CSP;
B. Maintain centralized records of training, site visit data, written programs, tailgate meetings, permits, and all other necessary contractor related documentation;
C. Provide technical assistance to Engineering personnel; D. Attend Pre-construction meetings and progress meetings as needed; E. Provide assistance on safety inspections as needed;
F. Review safety submittals;
G. Provide guidance on pre-qualification determination; and H. Provide training to affected city personnel with responsibilities under this program.

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5 PROJECT MANAGER (CITY)
The Project Manager has the authority to delegate any or all portions of this CSP to subordinates, but the Project Manager will be held accountable for their compliance. The Project Manager shall contact Risk Management, as necessary, for assistance in relation to this CSP.

A. Ensure safety hazards are addressed in a timely manner; B. Communicate safety concerns during pre-construction meetings and progress meetings; C. Inform impacted employees of construction activities scheduled in their work area; D. Enforce pre-qualification procedures in bidding process; and E. Ensure this CSP is properly executed.

INSPECTOR (CITY)
The City of Redlands construction inspector is not a safety professional and will only provide “Notice of Non- Compliance” for obvious and serious non-compliant conditions.

A. To the best of their abilities, inspect work sites for safety hazards; B. Communicate safety concerns to Contractor;
C. Provide Contractor with “Notice of Non-Compliance” when serious conditions occur or repeat violations; D. Collect documentation needed for construction worksites; E. Submit documentation to Risk Management for recordkeeping; F. Maintain photo documentation of safety hazards;
G. Never enter situations that can harm or endanger himself/ herself; H. Never use personal protective equipment (PPE) or enter situations, which they are not trained for; I. Contact Emergency Medical Services (911) and Risk Management in case of emergency; and J. Attend and communicate safety concerns in progress meetings.

EMPLOYEES (CITY)
A. Immediately notify the Project Manager, inspector, or Risk Management of any safety related concerns at a Contractor job site; and
B. Contact Emergency Medical Services (911) and Risk Management in case of emergency.

CONTRACTOR
Where relevant and applicable, the Contractor’s responsibilities shall include:

A. Compliance with requirements and responsibilities detailed within the Contractor Safety Program; B. Ensure all local regulatory requirements are met and all necessary permits are obtained before conducting work on behalf of the City;
C. Designate a Project Safety Official by name who shall be available at all times to abate safety hazards; D. Ensure all personnel have the appropriate qualifications and training to perform the contracted work (Copies of current training documentation and certifications must be on file with the City); E. Inform City Project Manager or inspector of any job site safety hazards or concerns; F. Inform City Project Manager if any suspected asbestos-containing material is located; G. Conduct and submit Job Hazard Analysis (JHA) before work and as required by change of tasks; H. Conduct and submit Safety Tailgates on a bi-weekly basis; I. Provide all required PPE necessary to conduct work safely and in accordance with required local regulations;
J. The safety of all individuals who enter work site;
K. Spill cleanup;
L. Immediately report any incidents, accidents, near misses, unsafe conditions, or unsafe acts involving any jobsite personnel;
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6 M. Arrange for the proper storage and removal of waste generated prior to the completion of job, and provide confirmation that the materials have been removed or disposed of in a manner compliant with all applicable environmental regulations;
N. Removing all equipment used during work activities and ensuring proper housekeeping of designated work area at the end of each workday and upon completion of the job; O. Contact Emergency Services (911) and Project Manager in the event of an emergency; and P. For the actions of their subcontractors, as they may pertain to this CSP, including their adherence to its contents and review of this document.

PROJECT SAFETY OFFICIAL (CONTRACTOR)
A. Shall be at the work site at all times;
B. Must be thoroughly familiar with the Contractor’s Injury and Illness Prevention Program (IIPP) and Code of Safe Practices;
C. Shall be available at all times to abate any potential safety hazards; and D. Shall have the authority and responsibility to shut down an unsafe operation, if necessary.

VI. Program

SAFETY PREQUALIFICATION PROCESS
A. The safety prequalification process is intended to:
• Provide the City with knowledge of past and current safety performance of Contractors working on City construction projects;
• Improve Contractor compliance with City safety rules, including safe work practices required by applicable regulations and laws; and
• Improve safety during Contractor activities.

B. A copy of the SPQ shall be provided to each person or entity bidding on a project, as part of the bidding process.

C. The completed questionnaire shall be returned and reviewed prior to awarding contract work, with supporting information provided as indicated by responses on questionnaire.

D. The SPQ shall be submitted to: 35 Cajon St., Suite 4 Redlands Ca, 92373
Attention: Project Name-Contractor Name-SPQ
E. The following criteria and information relating to the Contractor will be reviewed prior to awarding contract:
• Contractor License;
• Incident Rates;
• OSHA Citations;
• Safety Policies;
• Safety Programs and Procedures;
• Compliance History on City Projects; and
• Certification Statement.

F. Contractor must qualify in each section to be approved for award of a contract.

G. If a Contractor fails to pass prequalification procedure, the City has the right to disqualify the Contractor’s proposal.

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7 H. All costs associated with compliance with City of Redlands prequalification requirements shall be at the sole expense of the Contractor.

I. If a Contractor provides information that is later determined to be false, or improperly withholds information, the Contractor will be immediately disqualified.

J. Any questions or information relating to filing this questionnaire may be answered by reaching:
• Engineering: (909) 798-7698; or
• Risk Management: (909) 798-7514

DISQUALIFICATION APPEAL PROCESS
This provision is established pursuant to Public Contract Code section 20101(d) which requires every public agency that requires prospective bidders to prequalify pursuant to the law to establish “a process that will allow prospective bidders to dispute their proposed prequalification rating prior to selection of an alternate bidder.” If the City intends to disqualify a bidder based upon the bidder’s safety record, the City will notify the bidder in writing and provide the bidder with any supporting evidence that has been received from others or adduced as a result of an investigation by the City. The notice of intention shall be sent by certified mail with return receipt requested or by overnight mail via a delivery service that provides online tracking which identifies the date of the prospective bidder’s receipt of the notice, and shall include notice that the bidder has the right to, and may request a hearing to rebut any evidence used as a basis for disqualification and to present evidence to the City as to why the prospective bidder should be found qualified. Requests for a hearing must be made by written request to the City within ten calendar days of the date of the prospective bidder’s receipt of the City’s notice of intention. If the bidder does not request a hearing within the time allowed, the City’s determination shall stand unchallenged and become final.

Within seven calendar days of receiving the bidder’s request for a hearing, the City shall notify the bidder in writing of the date, time and place of the hearing. The hearing shall be held no sooner than ten (10) calendar days and no later than fifteen (15) calendar days after the notice is given. The notice shall inform the bidder of its right to present testimony and documents in support of its position.

The hearing shall be conducted before the Redlands City Manager, which may be continued from time to time as reasonably determined by the City Manager, but shall not exceed forty five (45) days. At the conclusion of the hearing, and after considering all testimony and documentation presented, the City Manager shall issue a written decision no later than five calendar days following the hearing. The City Manager’s decision shall be final and is not subject to further appeal to the City.

The bidder shall not be entitled to bid on any contracts with the City until it has met the safety pre -qualification standards. If the City Manager approves an appeal, the contractor will have been deemed to meet the qualification standards and it will be valid for one year. The bidder shall have the right to withdraw its application for prequalification or its appeal at any time before the City Manager’s decision becomes final. Such withdrawal will not preclude the bidder from re-applying for prequalification.

CONSTRUCTION PROJECTS
A. After a contract is awarded, the Contractor shall maintain, throughout the duration of the project, safety measures as necessary to protect the public and workers within, or in the vicinity of, the designated work zone. This includes an evaluation of the work to be performed and the hazards likely to be encountered.

Contractors are expected to follow, at a minimum, all pertinent laws, rules and regulations for the location in which they will be working. Where applicable, Contractor Safety Programs will meet or exceed City programs/ procedures and are subject to review and approval by the City prior to contract execution.

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B. Job Hazard Analysis (“JHA”)

1. Prior to a notice to proceed a JHA must be completed utilizing the City’s form, or equivalent, to assess the hazards present in the designated work area. Any information requested on the City’s form, but not stated on the equivalent form utilized, shall be provided separately with the original submission.

2. All members of the construction unit must sign the JHA to acknowledge hazard abatement procedures.

3. JHA must be kept at job site accessible to all impacted personnel.

4. Failure to follow JHA procedures may lead to termination of the contract.

C. Personal Protective Equipment (“PPE”)

1. All required PPE must be worn at all times during work activities.

2. All mandatory PPE must be highlighted in the JHA.

3. PPE shall be provided by the Contractor.

4. Failure to follow PPE guidelines may lead to termination of the contract.

D. Safety Tailgates

1. Safety Tailgate Meetings must be held on a biweekly basis for all construction projects.

2. The first meeting shall take place on Day 1, Week 1 and every other week thereafter.

3. Tailgates shall be signed by all personnel and submitted to Construction Inspector for recordkeeping.

4. Tailgate topics should be specific to the scope of work of the project.

E. Injury Reporting

1. Contractors shall immediately report injuries or accidents to the Project Manager (regardless of severity). Additionally, contractors are responsible for and must also conduct accident investigations of any injuries that occur on site and provide results to the Project Manager.

2. Use the City Incident Investigation Form (Attachment E), or equivalent, to meet this requirement.

F. Spill Prevention

1. The Contractor is responsible for any spill within the confines of the project and those outside of the construction limits caused by the Contractor’s defective equipment, containers, or personnel.

2. Secondary spill containment systems shall be used to prevent contamination of the environment.

G. Construction in Occupied Buildings

1. When building occupants are present during construction projects additional safeguards must be implemented to eliminate exposures and complaints. Dust/ particulates from demolition, sanding and other construction activities must be controlled by adequate ventilation, or containment and negative air ventilation systems based upon the specific type of activity and particle. Similar controls must be utilized for odorous activities including, but not limited to, carpet adhesive, painting, welding, and coatings.

2. The Contractor shall ensure that the HVAC system is protected in order to prevent contamination.

If an HVAC system is unprotected and contaminated by any construction/demolition materials, the Contractor shall be held responsible for the cost of cleaning the system and any subsequent repairs therein.

3. Negative air ventilation systems shall have appropriate filtration and be exhausted outside of the building.

INSPECTIONS
A. Follow up inspections will be executed to enforce compliance with safety and health requirements.

B. Follow up inspections will be conducted as part of routine site inspections by construction inspector and Risk Management employees.

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C. The SPQ aims to provide the City with knowledge of Contractor safety history and safety practices. This minimizes the need for increased frequency of inspections. In addition, the City will take the following guidelines into consideration when determining frequency of inspections.

1. Scale of project;

2. The frequency with which the number and types of hazards change as the work progresses;

3. More frequent inspections will be implemented in the beginning of the project; and

4. When the Contractor has never worked for the City.

TRAINING/DOCUMENTATION
A. 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.

B. Documentation shall be on file with the City prior to project start.

C. Personnel missing training documentation shall not be permitted to work on awarded City projects.

D. Training requirements are mandated by Federal and State Regulations. This may include, but is not limited, to the programs listed in the SPQ.

NON-COMPLIANCE
A. Contractor compliance issues shall be documented on the “Notice of Non -Compliance” form. A copy of this form shall be provided to Contractor for completion.

B. Upon receipt of the completed “Notice of Non -Compliance” form, the Project Manager and Risk Management will evaluate, based on the incident, and identify, as appropriate, any additional corrective and/or preventive actions for completion.

C. If immediate correction is not feasible, the project will be temporarily stopped until the issue is adequately resolved.

D. City staff with authority to stop work are:

1. Construction Inspector;

2. City Project Manager;

3. City Manager; and

4. Risk Management staff.

E. Any violation or deviation from safety rules, procedures, or regulations, based on evaluation, may be subject to any and all disciplinary actions listed as follows:

1. Verbal warning

2. Written warning-Notice of Non-Compliance (work may not continue until approved corrections are implemented);

3. Dismissal of non-complying personnel; and/or

4. Termination of Contract.

The City of Redlands maintains the right to terminate any contract for the violation of safety issues without liability to the City.

CITY PERSONNEL
A. All affected City employees will be informed in advance of any construction related work or other contract work which has the potential for impacting their workplace. Notifications will be made to all affected employees via e-mail or written memo by the Project Manager or designee. Notifications must include the following information:

1. Start and end dates of the work to be completed;

2. Work areas to be affected;
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3. Description of work to be completed;

4. Name and phone number of Project Manager;

5. Name and phone number of Construction Inspector; and

6. Name and phone number of Risk Management.

B. Employees should be instructed to notify Project Manager regarding logistical issues or other concerns.

Safety and Health concerns should be directed to either the Project Manager, Inspector, or Safety Specialist.

VII. Recordkeeping
The City’s Human Resources / Risk Management Department will maintain all records prepared in association with this CSP, with copies also place on file with the office of the City Clerk.

VIII. Additional References
https://www.dir.ca.gov/title8/336_10.html

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11 City
of Redlands
Acknowledgment of Receipt Statement
I acknowledge by signing this document, that I have received and reviewed the City of Redlands’ Contractor Safety Program and understand that it contains important information on the City’s policies and procedures regarding employee safety as it pertains to Contractor activities. Furthermore, I acknowledge that failure to comply with any of these procedures may lead to termination of the contract with the City.
__
__________________________ ______________________________ Contractor Signature C ontractor Title:
______
________________________________ ________________________________________ Contractor Name (Print) Date Signed
If yo
u have any questions regarding this document, please contact the Risk Management Division at (909) 798-7514.

Attachment A
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12 CITY OF REDLANDS

SAFETY PREQUALIFICATION QUESTIONNAIRE

SECTION 1 – GENERAL INFORMATION

Company Name:

Contractor License #:

Expiration Date:

Address:

City: State: Zip Code:

Name of Person Submitting Application:

Title: Telephone #:

Email Address:

Identify the highest ranking Safety/Health Professional in your Company:

Name:

Title: Telephone #:

Omitting or reporting false information on this questionnaire may result in disqualification of bid.

The City of Redlands reserves the right to conduct random or for-cause audits of information stated in this questionnaire. If deemed necessary, additional documentation may be requested by the City to verify responses on this questionnaire.

Attachment B
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13 SECTION 2 – INCIDENT RATES & WORKER’S COMPENSATION INFORMATION

INCIDENT RATES
Provide your actual injury and illness data below:

Provide the NAICS Code Number that best represents
your Firm:_____________________________
Provide any additional numbers here:
______________________________________

(Provide three full years of data) Last Calendar

2 Years Ago 3 Years Ago

Number of hours worked by all employees:

Total Recordable Incident Rate*:

D.A.R.T. Rate*:

Total Number of Fatalities:

Incident Rate = [(Total Recordable Cases X 200,000 hours)/ Number of hours worked by all employees]

D.A.R.T. Rate = [(Total Number of entries for Days Away, Restricted and Job Transfer X 200,000 hours)/ Number of hours worked by all employees]

If your latest incident rates and D.A.R.T. rates are greater than 100% of the industry average for all your NAICS code Numbers Listed, your bid may be disqualified.

The industry average can be found at www.bls.gov

WORKERS’ COMPENSATION INFORMATION

1. Provide your Workers’ Compensation Experience Modification Rate (EMR) Data:

Policy Year

EMR
* If your current EMR is greater than 1.25, initialing here certifies that you will provide a competent, full- time person or representative responsible for safety for all City projects:____________
Current EMR*

* lnitialing here certifies that your firm does not have an EMR:___________ (Submit a copy of your firm's Loss Run Reports for the last three years if your firm does not have an EMR.)
1 Year Ago:

2 Years Ago:

Name of your firm’s Workers’ Compensation carrier:
3 Years Ago:

Phone Number of Workers’ Compensation carrier

2. Is your firm self-insured for Workers' Compensation claims? Yes  No  (If yes, please attach a copy of the latest Annual Report to the State of California Department of Industrial Relations and/or State of California Certificate of Self-Insurance.)

SECTION 3– CITATION HISTORY

1. Has your firm received any regulatory citations in the last three years? Yes  No  If yes, please answer the question below.

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14 2. Were any of the confirmed (Closed) citations classified as Serious, Willful, Repeat, or Failure to abate?
Yes  No 

3. If yes, please explain:

4. Have you abated all of the citations issued to you in the last three years Yes  No  If no, please explain abatement action plan:

SECTION 4 – SAFETY POLICIES
Questions (Please check YES or NO) YES NO*

1. Does your company provide and adhere to a written Illness Prevention Program (IIPP) (CCR Title 8 §3203(a))? If yes, a copy of the program will be required on-hand at the job site throughout the duration of the contract. Please attach a copy to your bid proposal.  

2. Does your company provide and conduct Tailgate Meetings, or equivalent with employees at least every 10 working days. (CCR Title 8 §1509(e))  

3. Does your company have a policy for disciplinary action for unsafe behavior ensuring employee compliance with safe and healthy work practices? (CCR Title 8 §3203(a)(2))  

4. Does your company provide and abide by a written Code of Safe Practices that relates to your firm’s operations. (CCR Title 8 §1509(b)) If yes, a copy of the Code of Safe Practices will be required on -hand at the job site throughout the duration of the contract. Please attach a copy with your bid proposal.  

5. Does your company perform JHAs? (CCR Title 8 §1511(b)  

6. Does your company provide training and retraining programs for ensuring employee compliance with safe and healthy work practices? (CCR Title 8 §3203 (a)(2), (a)(7)  

7. Does your company provide training and retraining programs for ensuring employee compliance   *Please provide reason(s) for NO answer in the box below or on a separate sheet of paper.

Failure to provide the above-referenced documents will result in the contractor’s bid being disqualified.

SECTION 5 – SAFETY PROGRAMS AND PROCEDURES

PLEASE ANSWER ALL QUESTIONS BY CHECKING YES OR NO, AND ATTACHING APPROPRIATE DOCUMENTS THAT MAY APPLY OR AS REQUESTED.

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15 YES NO

1. Is Confined Space work anticipated in the scope of the work awarded? (If no, please proceed to Question 2)  
If yes, please attach the following: Attached?
Copy of written Confined Space Entry Procedure
 
List of personnel authorized on jobsite to work in confined space(s)  
List of personnel authorized on jobsite to serve as Rescue Team  
Verification of personnel training (copies of certs, cards, etc.)  

2. Is work requiring Lockout/Tagout protocols anticipated in the scope of the work awarded? (If no, please proceed to Question 3)  
If yes, please attach the following: Attached?
Copy of written Lockout/Tagout (LOTO) Procedure
 
List of personnel authorized on jobsite to perform LOTO  
Verification of personnel training (copies of certs, cards, etc.)  

3. Is work requiring a personal lift anticipated in the scope of the work awarded? (If no, please proceed to Question 4)  
If yes, please attach the following: Attached?
List of personnel authorized on jobsite to use lifts
 
Verification of personnel training (copies of certs, cards, etc.)  

4. Is work requiring a forklift anticipated in the scope of the work awarded? (If no, please proceed to Question 5)  
If yes, please attach the following: Attached?
List of personnel authorized on jobsite to use a forklift  
Verification of personnel training (copies of certs, cards, etc.)  

5. Is work requiring a crane anticipated in the scope of the work awarded? (If no, please proceed to Question 6)  
If yes, please attach the following: Attached?
Copy of written Crane Program
 
Copy of all expected Crane operators’ Certifications
 
List of personnel designated as Competent under Crane program  
Verification of personnel training (copies of certs, cards, etc.)  
NOTE: If awarded bid, more documentation may be required

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16 6. Is Hot Work (as defined by OSHA) anticipated in the scope of the work awarded? (If no, please proceed to Question 7)  
If yes, please attach the following: Attached?
Copy of written Hot Work Procedure
 
List of personnel authorized on jobsite to perform Hot Work  
Verification of personnel training (copies of certs, cards, etc.)  

7. Is Trenching/ Excavation work anticipated in the scope of the work awarded? (If no, proceed to Question 8)  
Is a plan in place for the disposal of all material that cannot be returned to the trench/ excavation?  
Are appropriate materials for barricading or securing work area at jobsite?  
Has a permit from the Department of Industrial Relations for excavations deeper than 5 feet been obtained?  
If yes, please attach the following: Attached?
Copy of written Trenching/ Excavation Procedure
 
Copy of Permit if trench is to exceed depth of 5 feet
 
List of personnel designated as Competent under Trenching/ Excavation Program  
Verification of personnel training (copies of certs, cards, etc.)  
NOTE: If awarded bid, more documentation may be required

8. Is electrical work anticipated in the scope of the work awarded? (If no, proceed to Question 9)  
If yes, please attach the following: Attached?
Copy of written Electrical Safety Program
 
List of personnel designated as Competent under Electrical Safety Program  
Verification of personnel training (copies of certs, cards, etc.)  

9. Is work that may have an arc flash potential anticipated in the scope of the work awarded? (If no, proceed to Question 10)  
Are all materials required to safely perform arc flash present?  
If yes, please attach the following: Attached?
Copy of Arc Flash Procedure
 
List of personnel designated as Competent under Arc Flash Program  
Verification of personnel training (copies of certs, cards, etc.)  

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17 10. Is work involving chemicals anticipated in the scope of the work awarded? (If no, proceed to Question 11)?  
If yes, please attach the following: Attached?
Copy of written Hearing Conservation Program
 
List of personnel working in high noise areas
 
Verification of personnel training (copies of certs, cards, etc.)  

11. Is work involving chemicals anticipated in the scope of the work awarded? (If no, proceed to Question 12)?  
* Copies of SDS for Chemicals used must be kept at jobsite Please attach the following: Attached?
Copy of written Hazard Communication Program
 
List of personnel performing work with chemicals
 
Verification of personnel training (copies of certs, cards, etc.)  
List trade names of all hazardous materials which you will be using on site:

12. Is work on or adjacent to public roadways anticipated in the scope of the work awarded. (If no, proceed to Question 13)

 
Do you have the appropriate provisions (signs, devices, barricades/)  
Please attach the following: Attached?
Please provide a list of personnel working in traffic areas.  
Verification of personnel training (copies of certs, cards, etc.)  
NOTE: If awarded bid, more documentation may be required

13. Is it anticipated in the scope of the work awarded that exposure to asbestos is possible? (If no, proceed to Question 14)  
Please attach the following: Attached?
Copy of written procedure(s)
 
List of personnel working with potential exposure to asbestos  
Verification of personnel training (copies of certs, cards, etc.)  
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18 14. Is it anticipated in the scope of the work awarded that exposure to silica is possible? (i.e. sandblasting, concrete demolition, concrete saw cutting, surface grinding, etc.) (If no, proceed to Question 15)
 
Please attach the following: Attached?
Copy of Silica Control Plan
 
List of personnel working with potential exposure to silica  
Verification of personnel training (copies of certs, cards, etc.)  

15. Is work at heights anticipated in the scope of the work awarded? (If no, proceed to Question 16)  
Please attach the following: Attached?
Copy of written Fall Protection Program
 
List of personnel designated as Competent under Fall Protection Program  
Verification of personnel training (copies of certs, cards, etc.)  

16. Is work requiring the use of respirators anticipated in the scope of the work awarded? (If no, proceed to Question 17)  
Please attach the following: Attached?
Copy of written Respiratory Protection Program
 
List of personnel using respirators
 
Verification of personnel training (copies of certs, cards, etc.)  

17. If the scope of work to be performed is not adequately represented by questions (1-16), please list any additional Health & Safety concerns below.

SECTION 6 – COMPLIANCE HISTORY ON CITY PROJECTS
In addition to the previous sections, Contractors that have previously been awarded work by the City, will be equally evaluated on their compliance history in relation to City projects.

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19 SECTION 7 – CERTIFICATION STATEMENT

I Certify under penalty of perjury that:

a. the information contained herein is true and correct to the best of my knowledge, and

b. no attempt has been made to give false or misleading information or to withhold any information.

Signature of Authorized Representative:

Title of Authorized Representative

Printed Name of Authorized Representative

Date Signed:

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20 NOTICE OF NON-COMPLIANCE
Project:

Contractor:

Notice of Non-Compliance was issued to Contractor’s representative, , Name
on at .

The following unsafe behaviors were observed at the Contractor’s job site:

If the unsafe condition is not immediately corrected, the City of Redlands may take disciplinary action in accordance with the Contractor Safety Program guidelines.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

To be completed by Contractor

Corrective action plan to abate hazards:

Unsafe Condition Resolved: Date: Time:

Remarks:

Attachment C
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21 Job Hazard Analysis

Signatures of Employees On-Site this JHA is applicable to:

Project:

Company: Project Safety Official: Project Manager (City):

Scope of Work: Location: Date:

Tasks Potential Safety
Risks/Hazards
Safety
Controls/Mitigat

Required PPE
Hard Hat
Safety Vest
Safety Glasses/Goggles
Safety Boots
Respirator
Safety Gloves
Face Shield
Fall Protection
Other:

Employee Signature: Print Name: Date:

Attachment D
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22 INCIDENT INVESTIGATION FORM

Date of Incident: Time of Incident: Date Reported:

Lead Investigator: Contact Information:

Contractor: Employee Name:

Witness 1 Name: Telephone:

Witness 2 Name: Telephone:

Incident Site/ Location
Incident Summary:

Near Miss Yes No Incident Severity: Minor Significant Major Critical Root Cause(s):

Corrective Actions:

Attachment E
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APPENDIX H

PERMITS

City of Redlands Encroachment Permit
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THIS PAGE INTENTIONALLY LEFT BLANK
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…
…
.

YES NO
.
…
…
…
.

YES NO
YES NO
Application for Road / Encroachment Permit
City of Redlands - Municipal Utilities & Engineering Department Name: Phone:

Address: City: Zip:

Contractor: USA ID No.:

Contractor License No.: Type: Cal OSHA No.:

I hereby request permission to construct/install improvements/facilities within the City of Redlands road right-of-way at the following location:

Construction Start Date: Anticipated Completion Date:

Development No.: Plan No.:

Street Name:

Cross Streets:

Address:
and for the purpose of performing the following work:

Applicant/Agent Signature: Date:

In accordance with Plans approved by the Municipal Utilities & Engineering Director and/or the Standard Specifications and Detail Drawings of the City of Redlands for the quantity and type of improvements listed below:

SHADED AREA FOR OFFICIAL USE ONLY
EA Driveway Appr, Res/Comm……………… $ 49.00 / EA =$ Truck Route Permit Required:

SF Sidewalk…………………………………… $ 0.09 / SF =$
YES NO
SF Cross Gutter/Spandrel…………………… $ 0.58 / SF =$
LF Curb & Gutter…………………………… $ 2.19 / LF =$ Closure Permit With LF Curb/Berm………………………………… $ 2.62 / LF =$ Traffic Plan Required:

SF Asphalt Pavement………………………… $ 0.04 / SF =$
SF Crushed Aggregate Base……………… $ 0.04 / SF =$
EA Street Light………………………………… $ 81.00 / EA =$ Water Shutdown Required:

EA Traffic Signal - New………………………. $ 2,152.00 / EA =$
EA Traffic Signal - Modification……………… $ 1,737.00 / EA =$ CY Reinforced Concrete…………………… $ 89.00 / CY =$ Bond Required:

LF Storm Drain Pipe…………………………. $ 8.00 / LF =$
EA Curb Inlet/Outlet Structures……………… $ 67.00 / EA =$
EA Storm Drain Manhole/Junction Box…….. $ 67.00 / EA =$ EA Curb Core…………………………………. $ 62.00 / EA =$
LF Sewer Main……………………..………… $ 0.95 / LF =$
EA Sewer Manhole…………………..………. $ 67.00 / EA =$ Conduit Material:

EA Sewer Cleanout…………………………… $ 134.00 / EA =$
EA Sewer Lateral…………………………… $ 67.00 / EA =$
LF Water Main - Potable…………………….. $ 1.09 / LF =$ Conduit Size:

LF Water Main - Non-Potable……...……….. $ 1.09 / LF =$
EA Fire Hydrant Assembly…………………… $ 66.00 / EA =$
EA Water Service Lateral……………………. $ 26.00 / EA =$
EA Water Shutdown………………………….. $ 67.00 / EA =$
EA Fire Service……………………………… $ 58.00 / EA =$
LF Excavation/Utility Trench………..….……. $ 1.25 / LF =$
SF Street Patch……………………………….. $ 0.67 / SF =$
SF Warranty Fee (Street Cut)……………..… $ / SF =$
$/ = $ Calculated By
$/ = $
SUBTOTAL PERMIT FEE $
PERMIT FEE work complete within specified date from issuance = Inspected by $ 219.00 fee. $219.00
Municipal Utilities & Engineering
PENALTY FEE 25% of total permit fee if issued after commencement of work $ ($250.00 minimum fee)($250.00 minimum fee)
(Effective 06/02/09) TOTAL ENCROACHMENT PERMIT FEE $ Approved By Redlans Regular Meeting of 09-05-2023
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10 10

TITLE SHEET & VICINITY MAP
1 SHEET INDEX:

HSIP CYCLE 9

CITY OF REDLANDS

CONSTRUCTION PLANS FOR
APRIL 2023
FEDERAL PROJECT NO. HSIPL 5083(024), CITY PROJECT No. 47033

MARIO SAUCEDO, COUNCIL MEMBER
CHARLES M. DUGGAN, JR., CITY MANAGER

DENISE DAVIS, COUNCIL MEMBER

JENNA GUZMAN-LOWERY, COUNCIL MEMBER

JEANNE DONALDSON, CITY CLERK
CITY COUNCIL:

CITY CLERK:

CITY STAFF:

ORANGE BLOSSOM TRAIL PHASE 3 CROSSINGS

CITY OF REDLANDS
F-2402 TS
4 BENCHMARK
HSIP CYCLE 9
CROSSING, PROJECT No. 47033
ORANGE BLOSSOM TRAIL PHASE 3

TENNESSEE STREET AND OBT

ALABAMA STREET AND OBT

VICINITY MAP

NTSNORTH

EDDIE TEJEDA, MAYOR
PAUL T. BARICH, MAYOR PRO TEM

ALABAMA STREET

TENNESSEE STREET

W PARK AVENUE

STATE STREETCITRUS AVENUE
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GENERAL NOTES & DETAILS
2 DIGAC
E
LL
B
ROF
UOYE
Service Alert
groundUnder
1-800-227-2600

TYPICAL SIGN LEGEND

NOT TO SCALE

TYPICAL STRIPING LEGEND

NOT TO SCALE

TYPICAL SIGN & POST INSTALLATION

NOT TO SCALE

IN-ROADWAY WARNING LIGHT (IRWL) SYSTEM DETAIL

CITY OF REDLANDS
F-2402 TS
4 BENCHMARK
HSIP CYCLE 9
CROSSING, PROJECT No. 47033
ORANGE BLOSSOM TRAIL PHASE 3
CIVIL CONSTRUCTION NOTES:

GENERAL NOTES

1. ALL MODULES, POLES, SIGNAGE, STRIPING AND PAVEMENT MARKINGS SHALL BE IN CONFORMANCE

WITH THE CURRENT EDITION OF THE TRAFFIC MANUAL, PUBLISHED BY THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION.

2. ALL EXISTING SIGNING, STRIPING, AND PAVEMENT MARKINGS, IF REMOVED/OBLITERATED, SHALL BE

REPLACED/RESTORED OF SAME KIND, AND IN CONFORMANCE WITH THE CURRENT EDITION OF THE TRAFFIC MANUAL, PUBLISHED BY THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION.

3. THE CONTRACTOR SHALL NOTIFY THE CITY ENGINEER TO SCHEDULE CITY PERSONNEL FOR A FINAL INSPECTION AND APPROVAL OF TRAFFIC CONTROL DEVICES PRIOR TO PROJECT ACCEPTANCE.

4. ALL CONSTRUCTION SIGNS SHALL BE BLACK ON ORANGE BACKGROUND WITH HIGH INTENSITY (FHWA TYPE III) REFLECTIVE SHEETING.

5. ALL CONSTRUCTION SIGNING SHALL BE IN CONFORMANCE WITH THE CURRENT EDITION OF THE MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES. PUBLISHED BY THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION.

6. THE CONTRACTOR SHALL INSTALL AND MAINTAIN ALL TRAFFIC CONTROL DEVICES AS NECESSARY FOR PUBLIC SAFETY. ALL WORK WITHIN 6-FEET OF THE SHOULDER WILL REQUIRE CLOSURE OF THE SHOULDER. ALL WORK WITHIN 6-FEET OF THE TRAVELED WAY WILL REQUIRE CLOSURE OF THAT LANE.

7. ALL CONFLICTING SIGNS SHALL BE REMOVED OR RELOCATED BY THE CONTRACTOR. RELOCATABLE

SIGNS SHALL BE INSTALLED AS SPECIFIED ON THE PLANS OR AS DETERMINED IN THE FIELD BY THE CITY ENGINEER.

8. ALL WORK SHALL CONFORM TO THE "STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (GREENBOOK)", 2021 EDITION, THE "STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION", 2021 EDITION, AND THE CITY OF REDLANDS STANDARD SPECIFICATIONS. ALL WORK SHALL BE COMPLETED

TO THE SATISFACTION OF THE MUNICIPAL UTILITIES & ENGINEERING DIRECTOR OR APPOINTED REPRESENTATIVE.

9. IF ANY DAMAGE OCCURS AS A RESULT OF THIS PROJECT, THE CONTRACTOR IS RESPONSIBLE TO REPAIR AT THEIR EXPENSES.

10. EXISTING STRIPING SHALL BE REMOVED AND REPLACED AS NECESSARY. NEW STRIPING AND

PAVEMENT MARKINGS SHALL BE INSTALLED IN ACCORDANCE WITH THE STRIPING PLANS APPROVED BY THE MUNICIPAL UTILITIES & ENGINEERING DIRECTOR OR APPOINTED REPRESENTATIVE.

11. SECTION 4216/4217 OF THE GOVERNMENT CODE REQUIRES A DIG ALERT IDENTIFICATION NUMBER BE ISSUED BEFORE THE "ENCROACHMENT PERMIT" WILL BE VALID. FOR YOUR DIG ALERT ID NUMBER, CALL UNDERGROUND SERVICE ALERT (TOLL FREE) AT 1-800-227-2600, TWO WORKING DAYS BEFORE YOU DIG.

12. PRIOR TO ROAD CONSTRUCTION, SURVEY MONUMENTS SHALL BE REFERENCED OUT AND CORNER RECORDS FILED WITH THE COUNTY SURVEYOR. SURVEY POINTS DESTROYED DURING

CONSTRUCTION SHALL BE RESET, AND A SECOND CORNER RECORD FILED FOR THOSE POINTS PRIOR TO COMPLETION AND ACCEPTANCE OF THE PROJECT.

13. USE BEST MANAGEMENT PRACTICES (BMP) TO PREVENT AND CONTAIN ANY ILLEGAL DISCHARGES IN ACCORDANCE WITH CHAPTER 13.54 OF THE MUNICIPAL CODE AND THE TERMS OF NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM. THIS IS TO REMAIN IN EFFECT FOR THE ENTIRE DURATION OF PROJECT CONSTRUCTION TO ITS COMPLETION AND ACCEPTANCE BY CITY.

14. THE CONTRACTOR SHALL SUBMIT A TRAFFIC CONTROL/DETOUR PLAN TO THE ENGINEER FOR APPROVAL. ALL APPROVED CONSTRUCTION SIGNAGE SHALL BE IN PLACE PRIOR TO THE START OF WORK.

15. THE CONTRACTOR SHALL MAKE HIS OWN DETERMINATION OF QUANTITIES BEFORE SUBMITTING HIS BID. ANY ITEM OR WORK REQUIRED BY THESE PLANS WHICH IS NOT SPECIFICALLY LISTED IN THE ESTIMATE OF QUANTITIES SHALL BE CONSIDERED AS INCLUDED IN THE ITEMS OF WORK.

16. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE ACCURATE "RECORD" DRAWINGS TO THE CITY UPON COMPLETION OF CONSTRUCTION.

17. RESURFACING WORK WITHIN TEN FEET OF ANY RAILROAD X-ING, BRIDGE AND/OR SHALLOW (1-1/2' OR

LESS COVER) UNDERGROUND STRUCTURES SHALL BE GRIND & OVERLAY OPERATION INSTEAD OF PULVERIZATION (IF SPECIFIED). THICKNESS OF AC LAYER SHALL BE AS SPECIFIED IN THE PLAN.

18. ALL DELINEATORS, SIGNS, TRAFFIC CONES SHALL BE IN NEW CONDITION.

19. ALL UTILITY LINES, INCLUDING IRRIGATION AND STORM DRAIN LINES SHOWN ARE APPROXIMATE AND INTENDED FOR REFERENCE ONLY. CONTRACTOR TO POTHOLE ALL EXISTING UTILITIES PRIOR TO CONSTRUCTION AND NOTIFY THE ENGINEER IMMEDIATELY IF CONFLICTS ARISE. NO ADDITIONAL

COMPENSATION WILL BE ALLOWED FOR UTILITY CONFLICTS IF NOT FIELD LOCATED PRIOR TO START OF CONSTRUCTION.

20. THE EXISTENCE AND APPROXIMATE LOCATIONS OF ANY UNDERGROUND UTILITIES OR STRUCTURES SHOWN ON THESE PLANS ARE OBTAINED BY A SEARCH OF THE AVAILABLE RECORDS. THE CIVIL

ENGINEER ASSUMES NO LIABILITY AS TO THE EXACT LOCATION OF SAID LINES NOR FOR UTILITY OR IRRIGATION LINES WHOSE LOCATIONS ARE NOT SHOWN. THE CONTRACTOR SHALL BE RESPONSIBLE

FOR NOTIFYING ALL UTILITY AND IRRIGATION COMPANIES PRIOR TO WORK OR EXCAVATION TO

DETERMINE THE EXACT LOCATIONS OF ALL LINES AFFECTING THIS WORK, WHETHER OR NOT SHOWN

HEREON, AND FOR ANY DAMAGE OR PROTECTION TO THESE PLANS

21. THESE PLANS SHALL BE USED FOR SCHEMATIC PURPOSES ONLY. THE CONTRACTOR SHALL FIELD

LOCATE THE SIGNS OR STRIPING RELATIVE TO KNOWN POINTS BASED ON LOCATION SHOWN ON THE PLANS OR FIELD LOCATE WITH DIRECTION FROM CITY STAFF.

22. ALL STRIPING AND SIGNAGE IMPROVEMENTS SHOWN ON THE PLANS, WHETHER EXPLICITLY CALLED

OUT SPECIFICALLY OR NOT, SHALL BE INSTALLED BY THE CONTRACTOR BASED ON THE QUANTITIES SHOWN IN THE BID SCHEDULE.

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**If appealed and upheld, would require on-site safety professional per incident rates.

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City Council/Successor Agency Meeting O. 3.

DATE: 09/05/2023
TO: The Successor Agency Board of Directors
SUBJECT: Approve the regular meeting minutes of July 5, 2023 (Secretary Donaldson)
MOTION:

I move to approve the regular meeting minutes of July 5, 2023 Attachments
Regular Meeting Minutes of July 5, 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 July 5, 2023 at 5:00 P.M.

Present:  Eddie Tejeda, Mayor
Denise Davis, Council Member
Jenna Guzman-Lowery, Council Member
Mario Saucedo, Council Member

Absent: Paul Barich, Mayor Pro Tempore
Staff: Charles M. Duggan, Jr., City Manager; Yvette M. Abich Garcia, City Attorney; Jeanne Donaldson, City Clerk; Phillip Doolittle, City Treasurer; 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; Rich Sessler, Fire Chief; Rachel Tolber, Police Chief; Tabitha Crocker, Facilities and Community Services Director

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

PUBLIC COMMENT

None forthcoming

CLOSED SESSION

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

Nelson v. City of Redlands, San Bernardino Superior Court, Case No.

CIVSB2014053

1. RECONVENE CITY COUNCIL MEETING

The meeting reconvened at 6:00 P.M. with an invocation by Mayor Tejeda followed by the pledge of allegiance to the American flag.

CLOSED SESSION REPORT

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

PRESENTATIONS
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Redlands Pet Adoption
Animal Services Supervisor Jodi Kroeger and Animal Services Officer Trevor Houser introduced “Dasher”, a four-year-old male Pit Bull mix who is available for adoption, along with thirty-eight other dogs and eighteen cats at the Redlands Animal Shelter. Ms.

Kroeger informed the Council there had been twenty-six dogs and thirty-five cats adopted in June 2023.

Proclamation Recognizing Clare Henry Day
Mayor Tejeda presented a Proclamation to Michael Day recognizing Clare Henry Day, for his lifetime of service to his profession and for leaving an architectural legacy in Redlands.

Clare Henry Day's work is an important part of the Inland Empire's architectural history.

PUBLIC COMMENT

Appreciation- Fernando Ramirez expressed his appreciation of the Council's commitment to invest in the north side and make improvements to Colton Avenue.

Mid-Century Modern Inventory - John Beall, Kathleen Beall and Steve Spiller thanked the Council for recognizing Clare Henry Day for the architectural legacy he left in Redlands and throughout the Inland Empire. They urged the City to conduct a property inventory of mid-century modern homes, as other cities have done. They stated a proper list was desperately needed in order to capture the historical value and worth of these significant structures.

CONSENT CALENDAR

Minutes

On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the regular meeting minutes of June 20, 2023.

Vote: 4 - 0 Passed

Proclamation Recognizing Clare Henry Day

On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the issuance of a proclamation recognizing Clare Henry Day, for his lifetime of service to his profession and for leaving an architectural legacy in Redlands and the Inland Empire.

Vote: 4 - 0 Passed

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Cultural Arts Commission Appointment

On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously appointed, by roll call vote, Crystal V.

Lopez to serve the remainder of a four-year term on the Cultural Arts Commission ending January 6, 2026.

Vote: 4 - 0 Passed

Settlement Agreement Disclosure

On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the public disclosure of details of an Agreement of Settlement and General Release between the City of Redlands and Pamela Nelson. Under the terms of the agreement, the City agrees to pay Ms. Nelson $50,000 to settle and dispose of disputes and controversies associated with civil action pending in the San Bernardino County Superior Court entitled Pamela Nelson v City of Redlands, et al., Case No. CIVSB2104053.

Vote: 4 - 0 Passed

Resolution No. 8453 Terminating Local Emergency

On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously adopted, by roll call vote, Resolution No. 8453 terminating the local emergency previously proclaimed in response to the COVID-19 pandemic.

Vote: 4 - 0 Passed

In-Kind Support Vibe Health and Wellness Festival

On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously determined, by roll call vote, 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; authorized the closure of East High Avenue, Division Street, East Park Avenue, North University Street, Sylvan Boulevard, North Grove Street, East Brockton Avenue, and Chapel Street; and authorized the expenditure of city resources and in-kind support in the amount of $13,471 related to this event, hosted by the University of Redlands - Alliance For Community Transformation and Wellness (ACTW) and scheduled to be held on September 17, 2023, within Sylvan Park and the surrounding area.

Vote: 4 - 0 Passed

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Grant Award Acceptance

On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously accepted, by roll call vote, the grant award from San Manuel Band of Mission Indians to fund the 2023 Redlands Emergency Services Academy in the amount of $30,000; and authorized an additional appropriation of the same to the Police Department.

Vote: 4 - 0 Passed

Resolution No. 8490 Levying Special Taxes CFD No. 2004-1

On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, Resolution No. 8490 levying special taxes with the City of Redlands Community Facilities District No. 2004-1, to establish the maximum tax rates for CFD No. 2004-1, and to authorize the City Clerk to file necessary information with the County Auditor/Controller for Fiscal Year 23/24.

Vote: 4 - 0 Passed

Ordinance No. 2959 (Second Reading) Inclusionary Housing Program

Development Services Director Desatnik reviewed Ordinance No. 2959, explaining this was the second reading to amend Title 18 (zoning regulations) of the Redlands Municipal Code by adding chapter 18.230 for an Inclusionary Housing Program for the City of Redlands. As public comment, Bruce Laycook, of Human Good Affordable Housing, voiced concerns about in lieu fees and requested the Council exclude the moderate-income category altogether. Maribel Nunez, of Inland Equity Community Land Trust, suggested the ordinance still needed work and she reminded everyone the purpose of the document was to create more affordable housing.

Director Desatnik stated the Planning Commission had added the moderate-income category as a way to provide more flexibility to target moderate income groups. Council Member discussion zeroed in on income categories, affordable rents and the consideration of revising language. City Manager Duggan and City Attorney Garcia pointed out that if changes were made to the ordinance, it would require a re-introduction and a second reading before it could be incorporated into the City's Municipal Code.

On motion of Council Member Mario Saucedo, seconded by Mayor Eddie Tejeda, the City Council unanimously adopted, by roll call vote, Ordinance No. 2959 amending Title 18 (zoning regulations) of the Redlands Municipal Code by adding chapter 18.230 for an Inclusionary Housing Program for the City of Redlands.

Vote: 4 - 0 Passed

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Amending Agreement for Field Survey / Plan Review

On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously determined, by roll call vote, that approval of this agreement amendment is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; approved the First Amendment to the Professional Services Agreement with CASC Engineering and Consulting, Inc., changing the name of the City's representative, and extending the end term of the agreement from October 19, 2023 to October 19, 2024 with an option to extend the agreement one additional year; and authorized an additional appropriation of $57,415 from the General Fund unassigned fund balance to Development Services FY 2023-24 Land Use Engineering Budget.

Vote: 4 - 0 Passed

Amending Agreement Software Licensing and Consulting Services

On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the First Amendment to the Agreement with Liftoff, LLC for software licensing and consulting services.

Vote: 4 - 0 Passed

Resolution No. 8494 Appropriations Limit for FY 2023-2024

On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, Resolution No. 8494 establishing a $158,949,814 appropriations limit for Fiscal Year 2023-2024 pursuant to Article XIII B of the California Constitution.

Vote: 4 - 0 Passed

Cal-ID/Identix Maintenance Payment

On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the annual payment to San Bernardino County Sheriff's Department (Cal-ID/Identix) in the amount of $85,650 for Redlands Police Department's Fingerprint Identification Services.

Vote: 4 - 0 Passed

Resolution No. 8492 Investment of City Monies

On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, Resolution No. 8492 authorizing the investment of City monies in the Local Agency Investment Fund and Rescinding Resolution No. 8278.

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Vote: 4 - 0 Passed

Resolution No. 8493 Updating Authorized Signers

On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, Resolution No. 8493 updating the Authorized Signers on all accounts held with U.S. Bank, N.A. and Rescinding Resolution No. 8279.

Vote: 4 - 0 Passed

COMMUNICATIONS

Resolution No. 8505 Denouncing Intolerance

Council Member Saucedo opened the discussion surrounding Resolution No. 8505, denouncing intolerance and encouraging respect, inclusivity, compassion and hospitality.

He pointed out the City had seen an uptick in instances of hate and harassment in the community and this resolution was the result of his desire to respond to hate crimes and combat extremism. He added the way to stop hatred was to come together as a community.

As public comment, Steve Rogers said the general intent of the resolution was positive, but he thought the approach was backwards and the Council should be subscribing to this behavior themselves, not mandating it for the residents. He strongly suggested the Council consider adopting a code of conduct and ethics policy for all employees, including themselves. Council Members Davis and Guzman-Lowery both agreed this was a good start to combat hate, but they were hoping to see this paired with actionable items.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Mario Saucedo, the City Council unanimously adopted, by roll call vote, Resolution No. 8505 denouncing intolerance and encouraging respect, inclusivity, compassion and hospitality.

Vote: 4 - 0 Passed

NEW BUSINESS

City Manager's Employment Agreement

Assistant City Manager McConnell reviewed the Amended and Restated City Manager Employment Agreement between the City and Charles M. Duggan, Jr. The agreement proposed several terms as identified in the staff report, including a seven percent (7%) increase to his salary, beginning July 1, 2023; a two percent (2%) increase to his salary beginning July 1, 2024; and a two percent (2%) increase to his salary over the prior year beginning July 1, 2025. As public comment, Steve Rogers questioned the timing of the new contract and thought it premature since all of the City's bargaining units had not agreed to terms. Bruce Laycook stated that in all his dealings with City Manager Duggan, he found him to be extremely knowledgeable and professional in every way. Council Member Saucedo and Mayor Tejeda added Mr. Duggan was doing an excellent job and CC_SA_July 5, 2023

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they fully supported this agreement.

On motion of Mayor Eddie Tejeda, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the Amended and Restated City Manager Employment Agreement between the City of Redlands and Charles M. Duggan, Jr.

Vote: 4 - 0 Passed

City Attorney Employment Agreement

Assistant City Manager McConnell introduced the First Amendment to the City Attorney Employment Agreement between the City of Redlands and Yvette M. Abich Garcia. The First Amendment proposed several terms as identified in the staff report, including a seven percent (7%) increase to her salary, beginning July 1, 2023; a two percent (2%) increase to her salary beginning July 1, 2024; and a two percent (2%) increase to her salary over the prior year beginning July 1, 2025. As public comment, Steve Rogers opposed the salary increases for the City Manager and the City Attorney and he was disappointed the City had continued to ignore his recommendations regarding contract administration and the structure of the City's engineering functions. City Manager Duggan clarified that Mr.

Rogers had referenced a letter from the state which concluded there was no evidence the City had violated any regulations. The City considered this matter closed. Mr. Rogers was allowed every opportunity to meet with staff to discuss other topics without any fear of retaliation.

On motion of Council Member Denise Davis, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously approved, by roll call vote, the First Amendment to the City Attorney Employment Agreement between the City of Redlands and Yvette M. Abich Garcia.

Vote: 4 - 0 Passed

MOUs with RPFA, RPOA and RCSEA

Assistant City Manager McConnell provided background of the negotiation process leading to the proposed Memorandums of Understanding between the City of Redlands and the Redlands Professional Firefighters Association Redlands, the Redlands Police Officers Association, and the Redlands Civilian Safety Employees Association. All represented units received a seven percent salary increase for the first year of the contract and two percent salary increases in both years two and three. Other changes include elimination of the two-tier benefit contributions, increases in deferred compensation, the establishment of a medical trust for retiree health, increases in vacation accruals, and the addition of educational, training, and professional development incentives. As public comment, Steve Rogers didn't understand why only some of the bargaining units had agreed to the terms of their MOU and he raised concerns about recent investigations within the Police Department. City Manager Duggan stated that former Police Chief Chris Catren retired due to a serious back injury and not for any other reason.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member CC_SA_July 5, 2023

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On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the Memorandums of Understanding negotiated by City staff between the City of Redlands and the Redlands Professional Firefighters Association Redlands, the Redlands Police Officers Association, and the Redlands Civilian Safety Employees Association.

Vote: 4 - 0 Passed

Amending So Cal Fleet Services Agreement & Resolution No. 8496 PO Modification

Facilities and Community Service Director Crocker introduced the Second Amendment to the Agreement with Southern California Fleet Services, Inc. to increase the total compensation for an amount not to exceed $2,887,000 and detailed Resolution No. 8496 amending Resolution No. 8331 to approve a Purchase Order Modification and First Amendment to a Non-Professional Services Agreement with Ken Grody Ford Redlands, LLC. to a not-to-exceed amount of $325,312 to provide Ford Original Equipment Manufacturer (OEM) parts and repair services for the City. OEM parts have unique design features that cannot be replaced by non-OEM parts and the use of alternate parts would void a manufacturer's warranty.

On motion of Council Member Mario Saucedo, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the Second Amendment to the Agreement with Southern California Fleet Services, Inc. to increase the total compensation for an amount not to exceed $2,887,000; and adopted Resolution No. 8496 amending Resolution No. 8331 to approve a Purchase Order Modification and First Amendment to a Non-Professional Services Agreement with Ken Grody Ford Redlands, LLC. to a not-to-exceed amount of $325,312 to provide Ford Original Equipment Manufacturer (OEM) parts and repair services for the City.

Vote: 4 - 0 Passed

COUNCIL MEMBER ANNOUNCEMENTS AND ACTIVITIES

Mayor Tejeda and Council Member Saucedo enjoyed the Fourth of July activities and commended everyone for making the event such a big success.

ADJOURNMENT

There being no further action required the meeting adjourned at 7:21 P.M. The next regular meeting of the City of Redlands City Council will be held on July 18, 2023.

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

Chairman 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.

PUBLIC COMMENT
CC_SA_July 5, 2023

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PUBLIC COMMENT

None forthcoming

Minutes

On motion of Board Member Saucedo, seconded by Board Member Davis, the minutes of the regular meeting of June 6, 2023 were unanimously approved by roll call vote.

Vote:  4 - 0 Passed

ADJOURNMENT

There being no further business, the Successor Agency Board of Directors' meeting was adjourned at 7:22 P.M.  The next regular meeting of the Agency will be held on September 5, 2023.

CC_SA_July 5, 2023

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