Redlands City Council
December 19, 2023

CITY OF REDLANDS

CITY COUNCIL

A G E N D A
DECEMBER 19, 2023

EDDIE TEJEDA
Mayor
PAUL T. BARICH
Mayor Pro Tempore

DENISE DAVIS
Council Member
JENNA

GUZMAN-LOWERY
Council Member

MARIO SAUCEDO
Council Member
***

JEANNE DONALDSON
City Clerk

PHILLIP DOOLITTLE
City Treasurer
CHARLES M. DUGGAN JR.

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

TUESDAY, DECEMBER 19, 2023
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In the event the City cannot reestablish Zoom connectivity in a reasonable amount of time, the mayor will adjourn the meeting to a future date.

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

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

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PLEASE SILENCE CELL PHONES, PAGERS AND OTHER ELECTRONIC

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

A. Call City Council Meeting to Order.

B. Recess City Council Meeting until 6:00PM Open Session. There are no Closed Session items.
6:00 P.M.

C. Reconvene City Council Meeting
D. Invocation by Mayor Pro Tem Barich- Pledge of Allegiance (In keeping with long-standing traditions of legislative invocations, this City Council meeting may include a brief invocation. Such invocations are not intended to proselytize or advance any one, or to disparage any other, faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.) E. Presentations

1. Holiday Performance by Redlands Girls Vocal Ensemble (Mayor Tejeda) F. Public Comment - City Council
(At this time, the City Council will provide an opportunity for the public to address them on any subject, within the jurisdiction of the City Council, which is not already scheduled on this agenda. However, any matter that requires action will be referred to staff for a report and possible action at a subsequent meeting. Comments will be limited to three {3} minutes.) G. Consent Calendar
(The following routine items have been recommended for approval and will be acted upon simultaneously unless separate discussion and/or action is requested by a Councilmember or a member of the audience.)

1. Approve the regular meeting minutes of December 5, 2023 (City Clerk Donaldson)

2. Approve the Local Appointments List for 2024 (Mayor Tejeda)

3. Approve recommendation for reappointments to the Library Board of Trustees (Council Member Davis)

4. Approve a Learning Partner Agreement between the City of Redlands and Cal Baptist University offering discounted degree programs to City employees (Assistant City Manager McConnell)

5. Adopt Resolution No. 8525 declaring weeds to be a public nuisance and setting January 16, 2024, as the public hearing for objections to the proposed weed abatement (Fire Chief Sessler)

6. Approve a Memorandum of Understanding between the Department of Behavioral Health and the City of Redlands Police Department to expand consumer rapid access to mental health crisis care through Community Triage, Engagement, and Support Teams and have community office space available for mobile Community Crisis Response Teams (Police Chief Tolber)

7. Approve the State Plan of Operations Agreement and addendum between the State of California Recycled Paper
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7. Approve the State Plan of Operations Agreement and addendum between the State of California and the City of Redlands for the use of excess Department of Defense supplies and equipment, and authorize the Police Chief to execute both on behalf of the City (Police Chief Tolber)

8. Adopt Resolution No. 8538 - Annual Report of Development Impact Fees for the Year Ended June 30, 2023, and Adoption of Findings (Management Services/Finance Director Garcia)

9. Adopt Resolution No. 8539 designating authorized signers for investment accounts and authorizing the Mayor to execute substantially similar resolutions for opening additional investment accounts with broker/dealers and financial institutions as recommended by the City Treasurer and rescinding Resolution No. 7676 (Managment Services/Finance Director Garcia)

10. Receive and file the Annual Reports for Community Facility District (CFD) No. 2001-1 and Community Facility District (CFD) No. 2003-1 pursuant to Local Agency Special Tax and Bond Accountability Act (SB 165) (Management Services/Finance Director Garcia)

11. Approve the First Amendment to the Professional Services Agreement with CASC Engineering and Consulting, Inc. for the California Street and Redlands Boulevard Intersection Widening Project to extend the time for completion to August 31, 2024, and determine that this amendment is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)

12. Approve the Second Amendment to the Professional Services Agreement with Dudek for the Hinckley Water Treatment Plant Sludge Press Engineering Project to extend the time for completion to June 30, 2024 (Municipal Utilities and Engineering Director Harris)

13. Reject all bids received for the Cypress Avenue and Cajon Street Traffic Signal Improvement project, Project No. 253008, and direct staff to solicit new bids for the project as funds become available (Municipal Utilities and Engineering Director Harris)

14. Approve the Second Amendment to the Public Works Contract with Tryco General Engineering for the 2022 CIP Water Pipeline Replacement Project to extend the time for completion by sixty (60) calendar days to February 11, 2024 (Municipal Utilities and Engineering Director Harris)

15. Approve the Third Amendment to the Development Impact Fee Study Professional Services Agreement with David Taussig and Associates, Inc. to extend the termination date to June 28, 2024 (Municipal Utilities and Engineering Director Harris)

16. Adopt Resolution No. 8526 establishing a contractor list pursuant to the Uniform Public Construction Cost Accounting Act, and determine that approval of the Resolution is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)

17. Approve a Fourth Amendment to the Public Works Contract with Armstrong Cal Builders, Inc. for the Joslyn Senior Center Renovation Project to extend the time for completion by forty (40) calendar days to January 31, 2024, and determine that the project is categorically exempt from environmental review pursuant to Section 15061 of the State's guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker)

18. Approve the request to hold the Martin Luther King Jr. Youth Kamp event hosted by Unity in the Recycled Paper
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18. Approve the request to hold the Martin Luther King Jr. Youth Kamp event hosted by Unity in the Community on January 15, 2024; authorize street closure related to the event; approve a request for in-kind support in the amount of $2,395 related to the event; and determine that the event is categorically exempt from environmental review pursuant to Section 15061 (b)(3) of the state’s guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker).

19. Approve the request for commercial vendors and the temporary closure of a portion of 5th Street for the Stronger Together Now Giving Sunday within Ed Hales Park on January 28, 2024; approve a request for in-kind support in the amount of $1,969 related to the event and determination that the event is categorically exempt from environmental review pursuant to Section 15311 of the State's guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker)
H. Public Hearings

1. Consideration of Resolution No. 8529, 8530, 8531, 8532, 8533, 8534, and 8535 to approve the 1160 West Pioneer Avenue residential subdivision project. (APNs 0167-061-01-0000 and 0167-061-03-0000) by applicant MLC HOLDINGS, INC.
(Mayor to declare meeting open as a public hearing)
Reso No. 8529-Mitigated Negative Declaration prepared for the project in accordance with Section 15074 of the California Environmental Quality Act. a.

Reso No. 8530-Socio-Economic Cost/Benefit Study prepared for the project in accordance with Measure “U.”
b.

Reso No. 8531 Land Conversion- A request to approve the conversion of agricultural land to residential land pursuant to Section 4.40s of the Redlands General Plan (Measure "U" for the project site consisting of 14.62 acres.
c.

Reso No. 8532-General Plan Amendment No. 145 - A request to amend the General Plan land use designation for approximately 14.62 gross acres from Commercial/Industrial to Medium Density Residential (up to 15 dwelling units per acre). d.

Reso No. 8533-Specific Plan No. 40, Amendment No. 49 - A request to amend the East Valley Corridor Specific Plan and change the Land Use Map to remove the 14.62-acre project site from the East Valley Corridor Specific Plan. e.

Reso No. 8534-Specific Plan No. 64, Amendment No. 1 - A request to amend the Bergamot Specific Plan (Specific Plan No. 64) to add the 14.62-acre project site to the Specific Plan, designate the new residential area as Neighborhood 4 (N-4), and establish development standards for Neighborhood 4 (N-4).  The proposed new Neighborhood 4 (N-4) will accommodate single-family residential development at a density of 8.1 dwelling units per acre.
f.

Reso No. 8535-Tentative Tract Map No. 20528 - A request to subdivide 14.62 gross acres of land into a total of 117 residential lots for detached single-family dwelling units, 26 lettered lots for private alleys and drive aisles, and nine lettered lots (for on-site landscaping,

1.57 acres of public open space, and private on-site open space). Proposed access to the site would be provided via two entry points, one from West Pioneer Avenue and one from West Domestic Avenue. As well as Commission Review and Approval No. 945 for site plan approval and architectural design review to construct a total of 117 single-family detached motor court homes up to two stories high. This project proposes to construct new interior streets to serve the project, private motor courts/drive aisles to access the homes, private recreational open space areas and on-site amenities, landscape and lighting, 1.57 acres of public open space, and related site improvements including drainage basins and public/private utility connections.  (Development Services Director Desatnik) g.

2. Consideration of Resolution No. 8536 - Appeal of the Historic and Scenic Preservation Recycled Paper
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2. Consideration of Resolution No. 8536 - Appeal of the Historic and Scenic Preservation Commission's decision to deny Certificate of Appropriateness Permit No. 665 (Mayor to declare meeting open as a public hearing)
PUBLIC HEARING to consider Resolution No. 8536 - An Appeal of the Historic and Scenic Preservation Commission's decision to deny Minor Certificate of Appropriateness No. 665, a request to legalize/approve an existing 6-foot-high vinyl fence and a rolling gate within the street-side setback for the property located at 232 West Olive Avenue (APN:
0171-244-40-0000) in the Multiple-Family Residential (R-3) District and the Smiley Park Neighborhood Historic and Scenic District (Historic District No. 8) by appellants Beverly and Kenneth Winchester (Development Services Director Desatnik) a.

3. Consideration of Resolution No. 8528 - Adopting In-lieu fee amounts for compliance with the City's Inclusionary Housing Requirements
(Mayor to declare meeting open as a public hearing)
Consideration of a determination of exemption pursuant to Sections 15061(b)(3) of the California Environmental Quality Act Guidelines.
a.

Public Hearing to consider Resolution No. 8528 to adopt In-lieu Fees for the City's Inclusionary Housing program
b.
(Development Services Director Desatnik)
I. New Business

1. Consideration of a sole source Professional Services Agreement with Environment Planning Development Solutions, Inc., for professional consulting services including the preparation of an Environmental Impact Report and supporting technical studies for the 2021-2029 Housing Element rezoning program for an amount not-to-exceed $322,455 and determine that the proposed action is categorically exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Development Services Director Desatnik)
J. Individual Council Member Announcements and/or Reports on Activities (No collective discussion or action.)
K. Adjournment
The next regular meeting of the City Council will be held on January 16, 2024 Recycled Paper
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If you challenge any proposed development entitlement listed on this agenda in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing.

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

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

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

Recycled Paper
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City Council Meeting G. 1.

DATE: 12/19/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the regular meeting minutes of December 5, 2023 (City Clerk Donaldson)
MOTION:

I move to approve the regular meeting minutes of December 5, 2023.

Attachments
Regular meeting minutes of December 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 December 5, 2023 at 5:00 P.M.

Present:  Eddie Tejeda, Mayor
Paul Barich, Mayor Pro Tempore
Denise Davis, Council Member
Jenna Guzman-Lowery, Council Member
Mario Saucedo, Council Member
Staff: Charles M. Duggan, Jr., City Manager; Yvette M. Abich Garcia, City Attorney; Jeanne Donaldson, City Clerk; 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; John Harris, Municipal Utilities and Engineering Director; Rich Sessler, Fire Chief; Rachel Tolber, Police Chief; Tabitha Crocker, Facilities and Community Services Director

Mayor Pro Tem Barich called the meeting to order at 5:00 P.M. Mayor Tejeda announced that due to illness, he would attend tonight's City Council meeting via teleconference under AB 2449 "Just Cause". This was the first of two allowable Just Cause exceptions for him under AB 2449. Mayor Pro Tem Barich stated there were no closed session matters scheduled for the City Council to consider, and the meeting was recessed until 6:00 P.M. for open session.

RECONVENE CITY COUNCIL MEETING
Mayor Pro Tem Barich reconvened the meeting at 6:00 P.M. Mayor Tejeda announced that due to illness, he would attend tonight's City Council meeting via teleconference under AB 2449 "Just Cause". This was the first of two allowable Just Cause exceptions for him under AB 2449. An invocation was provided by Council Member Davis and the pledge of allegiance to the American flag was conducted by students of Ms. Sauvage’s 4th Grade Class from Mission Elementary School. Mayor Pro Tem Barich announced that comments could be presented in-person, via Zoom, via cell phone or landline.

PRESENTATIONS
Redlands Pet Adoption
There were no pet presentations.

City's 2023 Holiday Video
CC_SA_December 5, 2023

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City's 2023 Holiday Video
Public Information Officer, Carl Baker, presented the City's 2023 Holiday video wishing the community a wonderful holiday season. Mr. Baker thanked Multimedia Production Coordinator, Cheryl Williams, for her outstanding production work.

PUBLIC COMMENT
Law and Order - Gregory Brittain said law and order was the foundational pillar of society, and yet it was being chipped away in California, because even when a crime was committed, there were no consequences, no enforcement.

Safer Train Crossings - Phil Courtney witnessed a near miss between a train and a vehicle at the rail crossing on Alabama Street. He urged the City to improve the conditions so that everyone can be kept safe.

Fourteenth Amendment - Jeff Mays requested the Council support the move to withhold Congressman Jay Obernolte from putting his name on the ballot in 2024, due to his participation surrounding the January 6, 2021, attack on the U.S. Capitol.

Christmas Parade Concerns - Joshua Hall voiced concerns about a drag queen entrant at the Kiwanis Christmas Parade, and he said children should not be exposed to what he thought was adult entertainment.

Metrolink Crossings at Tennessee Street - Fernando Ramirez drew the Council's attention to the various malfunctions and issues he has personally witnessed at the Tennessee Street rail crossing. He said the signs and symbols are confusing to drivers, and he urged the City to push for an independent body to evaluate the crossings.

Step Up in Redlands Housing - Rogelio Saldana claimed the violence towards him as a resident of Step Up in Redlands has only increased since he last spoke before the Council, and he said the property manager and the police department have ignored his complaints.

CONSENT CALENDAR
Minutes
On motion of Council Member Denise Davis, seconded by Council Member Mario Saucedo, the City Council unanimously approved, by roll call vote, the regular meeting minutes of November 21, 2023.

Vote: 5 - 0 Passed
Planning Commission Appointment
On motion of Council Member Denise Davis, seconded by Council Member Mario Saucedo, CC_SA_December 5, 2023

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On motion of Council Member Denise Davis, seconded by Council Member Mario Saucedo, the City Council unanimously appointed, by roll call vote, Conrad Guzkowski to serve the remainder of a four-year term on the Planning Commission ending January 6, 2025.

Vote: 5 - 0 Passed
Municipal Utilities/Public Works Commission Appointment Council Member Saucedo said he recommended Paul Norwood to the Municipal Utilities/Public Works Commission and was confident he would make a great addition to the Commission. As public comment, Bruce Laycook pointed out there were other applicants who were civil engineers and thus, might be considered more experienced. City Manager Duggan added there were already several civil engineers on this commission, and it was important to remember that different perspectives bring value to a group.

On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously appointed, by roll call vote, Paul Norwood to serve the remainder of a four-year term on the Municipal Utilities/Public Works Commission ending November 16, 2024.

Vote: 5 - 0 Passed
RAMME & RAME Side Letter Agreement
On motion of Council Member Denise Davis, seconded by Council Member Mario Saucedo, the City Council unanimously approved, by roll call vote, a Side Letter Agreement between the City and the Redlands Association of Mid-Management Employees and the Redlands Association of Management Employees. The newly approved RAMME and RAME MOUs included the option for employees to deposit their sick leave balance into a PostEmployment Health Plan (PEHP), cash out a portion of their sick leave, or utilize sick leave towards service credit at the time of retirement. After further review of the PEHP, it was determined that the option of cashing out sick leave is not allowable. The new language in the Side Letters clarifies the benefit provided to unit members. All other provisions of the MOUs remain unchanged.

Vote: 5 - 0 Passed
Utility Customer Management Database Invoice Payment
On motion of Council Member Denise Davis, seconded by Council Member Mario Saucedo, the City Council unanimously approved, by roll call vote, payment of the invoice to Systems & Software, Inc. (“S&S”), providers of the City’s utility billing software, in an amount not-to-exceed $197,836 for annual software maintenance and support for the calendar year 2024.

Vote: 5 - 0 Passed

CC_SA_December 5, 2023

Redlands Regular meeting of 12-19-23 11 of 1429
Structure Fire Turnout Sets Purchase

On motion of Council Member Denise Davis, seconded by Council Member Mario Saucedo, the City Council unanimously approved, by roll call vote, the purchase of 25 structure fire turnout sets from Allstar Fire Equipment, Inc. in the total amount of $77,169.00, to replace turnout gear that is nearing its expiration date, in accordance with the National Firefighter Protection Agency's recommendations.

Vote: 5 - 0 Passed
2024 Fourth of July Celebration Contribution
On motion of Council Member Denise Davis, seconded by Council Member Mario Saucedo, the City Council unanimously approved, by roll call vote, a contribution of $30,000 for the 2024 Fourth of July Celebration to be paid to the Redlands 4th of July Committee, and determined that the financial support serves as a public benefit.

Vote: 5 - 0 Passed
Contract Award Irrigation and Landscaping Redlands Boulevard Project Facilities and Community Services Director Crocker summarized the Agreement with Southern California Landscape, Inc. for irrigation and landscaping on Redlands Boulevard, between Tennessee Street and Kansas Street. As public comment, Dennis Bell thought this expenditure was a waste of taxpayer money.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously determined, by roll call vote, that the project is categorically exempt from environmental review in accordance with Section 15304 of the State's guidelines implementing the California Environmental Quality Act; approved the rejection of the apparent lowest bidders; and approved the agreement with Southern California Landscape, Inc. for irrigation and landscaping on Redlands Boulevard, between Tennessee Street and Kansas Street, for an amount not to exceed $145,188.40. Kormex Construction and Jas Landscape were deemed to be non-responsive bidders due to quantity changes that were revised in Addendum 1.

Vote: 5 - 0 Passed
Citrus Avenue Parking Structure Maintenance & Repair Design Facilities and Community Services Director Crocker explained the need for the Professional Services Agreement with SGH Architects, Inc. for the Citrus Avenue Parking Structure Maintenance and Repair Design. As public comment, Dennis Bell said it was not clear to him whether the scope of work included an evaluation of the feasibility of adding levels to this parking structure, and he suggested the City consider a feasibility study to evaluate building a parking structure on the Wells Fargo lot.

CC_SA_December 5, 2023

Redlands Regular meeting of 12-19-23 12 of 1429
On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the Professional Services Agreement with SGH Architects, Inc. for the Citrus Avenue Parking Structure Maintenance and Repair Design for an amount not to exceed $98,020.

Vote: 5 - 0 Passed
Contract Award Cypress Circle Street Lighting Upgrade Project On motion of Mayor Pro Tempore Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously determined, by roll call vote, that approval of the Public Work Construction Contract with Delta Electric, LLC for the Cypress Circle Street Lighting Upgrade Project is exempt from environmental review pursuant to Section 15302(c) of the State's guidelines implementing the California Environmental Quality Act; and approved an award of the public work construction contract to Delta Electric, LLC in the amount of $146,165.30 for the Cypress Circle Street Lighting Upgrade Project.

Vote: 5 - 0 Passed

COMMUNICATIONS
Downtown Redlands Parking Study
Development Services Director Desatnik provided background for the Downtown Redlands Parking Study and introduced Steffen Turoff, Principal with Walker Consultants Inc. who summarized the Parking Report. He explained the various sections of work performed, which included the purpose of the study, the scope of work completed, identification of parking challenges, key parking findings, and parking utilization studies of the downtown core. Mr. Turoff presented six key recommendations: 1) Increase access to underutilized off-street facilities, 2) Manage Parking in prime areas to ensure availability 3) Establish a parking benefit district 4) Improve the downtown pedestrian environment 5) Encourage the use of sustainable transportation 6) Increase the supply of publicly available parking.

He also reviewed the Traffic and Parking Commission recommendations which included:
a) Increase parking enforcement in timed zones, b) Pursue shared-use agreements with privately owned lots, c) Encourage use of existing parking facilities through safety improvements, and d) Study restriping of Citrus Avenue. The Commission did not support a paid parking pilot program, establishing a parking benefit district, or a feasibility study for a new parking structure on the existing city hall site.

As public comment, Brian Seghers said that business owners should lead by example and educate their customers and staff about parking, while the City must plan for the future because once construction begins at the mall, those parking spaces will be lost to the public. Chamber of Commerce Executive Director, Evan Sanford, voiced concerns about the Walker study, and he insisted the Council must take action now and stop having this same conversation over and over without making any progress. Bobby Garrity said he had just come from the Redlands Forum event where UCLA planning professor Donald Shoup CC_SA_December 5, 2023

Redlands Regular meeting of 12-19-23 13 of 1429
spoke about parking policies and how properly priced parking can make cities more efficient and socially just, and his number one recommendation was to eliminate minimum off-street parking mandates from the code. Gregory Brittain complained the government should not mandate what modes of transportation people use by pushing everyone to ride a bike when it seemed clear to him that people preferred to use their own vehicles because he said cars were more practical for most people. Dan Jimenez encouraged the Council to think long-term, grow smart, and continue to support a feasibility study for a future parking structure.

A lengthy Council Member discussion focused on several topics including paid parking, increasing enforcement, and the possibility of a feasibility study to build a parking structure. Council Member Saucedo pushed his colleagues to consider establishing short-term, mid-term and long-term goals as the most effective way to tackle the issue. He recommended that a successful parking program must include education, enforcement, safety enhancements, shared parking agreements and possibly a mixed-use development with a parking structure at the current City Hall site. The Council thanked staff and the Traffic and Parking Commissioners for their diligence and commitment in serving the City. City Manager Duggan pointed out that due to budget constraints, there was not much that could be done within this fiscal year. He suggested that staff bring this item back for consideration to the meeting scheduled for January 16, 2024 and City Council unanimously agreed to continue the matter.

Mayor Pro Tem Barich called for a brief recess at 8:09 P.M. The meeting reconvened at 8:15 P.M.

Resolution No. 8537 Renaming Avice Meeker Sewall Theatre

Council Member Davis introduced Resolution No. 8537 to consider renaming the Avice Meeker Sewall Theatre stage in honor of Cliff Cabanilla and proposed the new name be "Cliff Cabanilla Stage". She offered some historical context, describing how Mr. Cabanilla began his teaching career at San Bernardino Valley College in the 1960s and then started the theatre program at Crafton Hills College where he ran the department for the next 30+ years. Cliff Cabanilla founded the Redlands Theatre Festival in 1972 as a summer theater program for Crafton Hills College. His vision was to bring a repertory theatre company to Redlands, to produce high-quality theatrical entertainment for the community that would delight, and sometimes challenge the audience, and to house it in a beautiful park setting.

Cliff Cabanilla saw an unused pasture in Prospect Park and turned it into a robust amphitheater. He was an innovative theatrical force, a screen and stage actor, scenic designer, theatre technician, director, and artistic producer with a career that spanned fifty years. As public comment, Candice Cabanilla Stewart, Paul Blatchley, Allan Griesemer, and Bruce Laycook expressed their gratitude to Council Members Davis and Saucedo for putting this agenda item forward to honor the vision, tenacity and leadership of Cliff Cabanilla.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously agreed, by roll call vote, to waive the requirement under Section 4.B. of Resolution No. 7711; approved the naming of the Avice Meeker Sewall Theatre stage to the "Cliff Cabanilla Stage"; and adopted Resolution No. 8537.

CC_SA_December 5, 2023

Redlands Regular meeting of 12-19-23 14 of 1429
Vote: 5 - 0 Passed
PUBLIC HEARINGS
Resolution No. 8523 Statewide Community Infrastructure Program

Mayor Pro Tem Barich declared the meeting open as a public hearing and called on Management Services/Finance Director Garcia for a report regarding Resolution No. 8523 authorizing the City to join the Statewide Community Infrastructure Program (SCIP). In an effort to expand the economic development tools available to developers, property owners and businesses, the City's Development Services and Finance teams are proposing to participate in SCIP.  SCIP provides a pooled, tax-exempt bond financing program for public infrastructure improvement costs (i.e., required off-site improvements) for commercial, industrial, retail and multi and single-family residential developments.

SCIP is administered by the California Statewide Communities Development Authority (CSCDA).

The resolution authorizes the SCIP to accept applications from property owners, conduct special assessment proceedings and levy assessments and special taxes and to form assessment districts and community facilities districts within the territory of Redlands. There is no fiscal impact to the City and the City's administrative costs to review the financing documents may be recovered by a charge to the CSCDA and would be reimbursed at bond issuance on an individual project basis.

As public comment, Richard O'Donnell raised several questions and thought the program was not in the best interests of the City. Gregory Brittain wondered about the value of this program and who it benefitted and was concerned the program took away local control and gave more control to the state. City Manager Duggan clarified the program will allow developers to access lower-cost loans through the state, but only if the City agrees to be a part of the program. Developers will be required to comply with all City rules and regulations and conditions of approval. Management Services/Finance Director Garcia added that each project would still need approval from the City Council. One written comment was received from Christine Roque, who posed several questions about how the program might impact existing single-family homeowners. With no further discussion, Mayor Pro Tem Barich closed the public hearing.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Mario Saucedo, the City Council unanimously approved, by roll call vote, Resolution No. 8523 authorizing the City to become a participant of the Statewide Community Infrastructure Program (SCIP); authorizing the California Statewide Communities Development Authority (CSCDA) to accept applications from property owners within the City's jurisdiction; approving the Resolution of Intention to be adopted by CSCDA in connection with any assessment district formed within the City (Exhibit 'A' to the resolution); approving the Form of Acquisition Agreement for use when applicable (Exhibit 'B' to the resolution); and directing the City Clerk to transmit a certified copy of this resolution to the Secretary of CSCDA.

Vote: 5 - 0 Passed
CC_SA_December 5, 2023

Redlands Regular meeting of 12-19-23 15 of 1429
Resolution No. 8522 Fee and Service Charge Revenue/Cost Comparison System Mayor Pro Tem Barich declared the meeting open as a public hearing and called on Management Services/Finance Director Garcia, who summarized the purpose of the Cost Allocation Plan was to clearly outline the support provided to general fund and non-general fund operations from central service departments (i.e., payroll, human resources, building maintenance). This work was substantially completed during the summer of 2023, before the City's negotiations with its nine bargaining units were finalized. However, in June and July 2023, the Council approved a 7% across-the-board increase for its employees. The full costs of the fees outlined in the Fee Study have been updated. Staff recommended approval of Resolution No. 8522 which reflected the costs associated with the services being provided, the percentage of costs being recovered, as well as the recommended recovery levels.

As public comment, Gregory Brittain complained that the cost of living in the state of California was already much too high, and he said these conditions have forced thousands to leave the state. He opposed the City raising any charges and fees. One written comment was received from Larry Weston, who claimed an increase in fees would be bad for business as well as the community. Mayor Pro Tem Barich reminded everyone that the City must be in compliance with the law and provide for services at the actual cost to the City, no more, no less. With no further comment, Mayor Pro Tem Barich closed the public hearing.

On motion of Council Member Mario Saucedo, seconded by Council Member Jenna Guzman-Lowery, the City Council unanimously determined, by roll call vote, that the adoption of Resolution No. 8522 is exempt from environmental review pursuant to Section 15273 of the State's Guidelines implementing the California Environmental Quality Act; and adopted Resolution No. 8522, approving the Fee and Service Charge Revenue/Cost Comparison System, establishing the amounts of fees and charges levied In connection with the City’s provision of services and rescinding Resolution No. 8045.

Vote: 5 - 0 Passed
NEW BUSINESS
Original Equipment Manufacturer Autocar Parts Agreement Facilities and Community Services Director Crocker explained the need for an agreement with Tec Equipment, Inc. for the supply of Original Equipment Manufacturer (OEM) autocar parts. The City's Equipment Maintenance Division oversees the maintenance of approximately 470 vehicles and the City’s fuel station. There are currently 10 front and side loader autocar solid waste vehicles in service and operating in day to day operations. Due to required maintenance and anticipated repairs of solid waste autocar vehicles, staff is requesting an agreement with Tec Equipment. Inc. for the supply of OEM Autocar parts.

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

Redlands Regular meeting of 12-19-23 16 of 1429
On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Mario Saucedo, the City Council unanimously approved, by roll call vote, an agreement with Tec Equipment, Inc. for the supply of OEM autocar parts for an amount not to exceed $180,000 for the initial term, with the option to extend for two additional one-year terms for a total amount not-to-exceed $540,000.

Vote: 5 - 0 Passed
Original Equipment Manufactured Hydraulic Hoses and Accessories Agreement Facilities and Community Services Director Crocker reviewed the agreement with Bernell Hydraulics Inc. for the supply of Original Equipment Manufacturer (OEM) Parker Hannifin Hydraulic Hoses and Accessories. Within the City's Equipment Maintenance Division, the most frequent and anticipated repairs of solid waste trucks are related to the hydraulic system. To perform hydraulic repairs, it is imperative to have a supply of OEM Parker Hannifin Hydraulic Hoses and Accessories.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Mario Saucedo, the City Council unanimously approved, by roll call vote, an agreement with Bernell Hydraulics Inc. for the supply of OEM Parker Hannifin Hydraulic Hoses and Accessories in an amount not-to-exceed $150,000 for the initial term, with the option to extend for two additional one-year terms for a total amount not-to-exceed $450,000.

Vote: 5 - 0 Passed
Resolution No. 8527 Homeless Resource Services Agreements Homeless Coordinator David Rabindranath presented Resolution No. 8527 to approve ten Homeless Resource Services Agreements with Encampment Resolution Funding (ERF) Grant totaling $3,498,975 with partners as identified in the grant proposal and award. The City has been awarded $4,529,069 in ERF funds to resolve the experience of unsheltered homelessness for people residing in encampments. Resolving these experiences of homelessness has the intent of addressing the safety and wellness of people within encampments, resolving critical encampment concerns, and transitioning individuals into interim shelter with clear pathways to permanent housing or directly into permanent housing, using data-informed, non-punitive, low-barrier, person-centered, Housing First, and coordinated approaches.

The Homeless Solutions Division will be leading the efforts to coordinate outreach teams, emergency shelter placements, rapid rehousing support, and employment services for individuals who meet the criteria of the grant funding. Local agencies, organizations, and businesses identified as partners to perform specific program tasks include: Chamber of Commerce, Family Service Association of Redlands, Goodwill of Southern California, Salvation Army, Step Up in Redlands, SB Express One LLC and Youth Hope Foundation.

Mr. Rabindranath was praised for his commitment and dedication to serving the homeless population with a positive attitude and compassion. Council Member Guzman-Lowery raised a number of questions concerning the implementation of the partnerships, including service locations, methods of transportation, and the criteria process for CC_SA_December 5, 2023

Redlands Regular meeting of 12-19-23 17 of 1429
qualification. As public comment, Chamber of Commerce Executive Director, Evan Sanford, voiced their support of the City's efforts and was pleased the Chamber will be a part of the program and a catalyst for positive change. Brian Seghers offered several suggestions to make the program more successful, including motivating and educating our youth. Bruce Laycook was hopeful about the good work the program will do, and he encouraged the Council to work closely with Youth Hope. Dan Jimenez recommended the City push to find a local motel that would be closer to home for those in need instead of using resources in San Bernardino. Council Members were extremely pleased with the program and were grateful to all the various partners that will make this program a success.

On motion of Council Member Jenna Guzman-Lowery, seconded by Council Member Denise Davis, the City Council unanimously determined, by roll call vote, that adoption of Resolution No. 8527 approving the agreements for the Homeless Solutions Division is exempt from environmental review pursuant to Section 15301 of the State’s guidelines implementing the California Environmental Quality Act; and adopted Resolution No. 8527 approving ten (10) Homeless Resource Services agreements totaling $3,498,975.00 with partners identified in the Encampment Resolution Funding Grant proposal awarded to provide shelter, rapid rehousing, housing, and employment services to the homeless population in Redlands.

Vote: 5 - 0 Passed
COUNCIL MEMBER ANNOUNCEMENTS AND ACTIVITIES
Council Member Saucedo attended the Groundbreaking event for the new Meritage Homes Project located behind Citrus Valley High School.

ADJOURNMENT

There being no further action required the meeting adjourned at 9:23 P.M. The next regular meeting of the City of Redlands City Council will be held on December 19, 2023.

SUCCESSOR AGENCY OF THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS
Vice Chair Barich 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
None forthcoming
CC_SA_December 5, 2023

Redlands Regular meeting of 12-19-23 18 of 1429

Minutes
On motion of Board Member Davis, seconded by Board Member Saucedo, the minutes of the regular meeting of November 7, 2023 were unanimously approved, by roll call vote.

Vote:  5 - 0 Passed

ADJOURNMENT

There being no further business, the Successor Agency Board of Directors' meeting was adjourned at 9:24 P.M.  The next regular meeting of the Agency will be held on February 6, 2024.

CC_SA_December 5, 2023

Redlands Regular meeting of 12-19-23 19 of 1429
City Council Meeting G. 2.

DATE: 12/19/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the Local Appointments List for 2024 (Mayor Tejeda) MOTION:

I move to approve the Local Appointments List for 2024 as required by Government Code Section 54972.

DISCUSSION:

In accordance with Government Code Section 54972, each legislative body is required to prepare a list of all regular and ongoing commissions and boards which are appointed by the City Council. The list is to include all appointive terms which will expire during the next calendar year with the name of the incumbent appointee, the date of appointment, the date the term expires and the necessary qualifications for the position. To comply with Government Code Section 54972, staff has prepared the attached local appointments list for calendar year 2024.

SUBMITTED BY:

Janice McConnell, Assistant City Manager
REVIEWED BY:

Charles Duggan, City Manager
Christopher Boatman, Assistant City Manager
PREPARED BY:

Jennifer Macias, Management Analyst
Attachments
Local Appointment List 2024
Redlands Regular meeting of 12-19-23 20 of 1429
1 I:\cmo\BOARDS\Local Appt Lists and Rotation\Local Appointments list 2024.docx

CITY OF REDLANDS

BOARDS, COMMISSIONS AND

COMMITTEES LOCAL APPOINTMENTS LIST
FOR 2024
(Govt. Code § 54972)

AIRPORT ADVISORY BOARD
Board members shall serve without compensation and shall be residents of the City and neither officers nor employees thereof.

Name of Incumbent Appt. Date Date Term Expires
Thomas Cook 12/7/2021 5/1/2024
Deborah Forthun 3/5/2019 5/1/2024

CITRUS PRESERVATION COMMISSION
Commission members shall serve without compensation and shall be neither officers nor employees of the City.

Name of Incumbent Appt. Date Date Term Expires
Rolland Moore 5/7/2013 4/16/2024
Heather K. Ross 9/3/2019 4/16/2024
Michael Day 5/3/2016 4/16/2024

CULTURAL ARTS COMMISSION
Commission members shall serve without compensation and shall be residents of the City and neither officers nor employees thereof.

There are no terms expiring on this commission in 2024.

HISTORIC AND SCENIC PRESERVATION COMMISSION
Commission members shall serve without compensation and shall be residents of the City and neither officers nor employees thereof.

There are no terms expiring on this commission in 2024.

HUMAN RELATIONS COMMISSION
Commission members shall serve without compensation and shall be residents of the City of Redlands and neither officers nor employees thereof. The student member of the Commission shall serve without compensation and shall be from the junior class of a Redlands Unified School District High School at the time of appointment to the Commission.

Name of Incumbent Appt. Date Date Term Expires
Student Commissioner 01/01/2024 12/31/2024
Redlands Regular meeting of 12-19-23 21 of 1429
2 I:\cmo\BOARDS\Local Appt Lists and Rotation\Local Appointments list 2024.docx

LIBRARY BOARD
Name of Incumbent Appt. Date Date Term Expires
Rosa Gomez 2/4/2003 1/1/2024
Martin Davis 1/1/1991 1/1/2024

MUNICIPAL UTILITIES/PUBLIC WORKS COMMISSION
Commission members shall serve without compensation and shall be residents of the City of Redlands and neither officers nor employees thereof.

Name of Incumbent Appt. Date Date Term Expires
Thomas F. Breitkreuz 11/17/2020 11/16/2024
David V. Garcia 1/1/1991 1/1/2024
Paul Norwood 12/5/2023 11/16/2024

MEASURE T OVERSIGHT COMMITTEE
Committee members shall serve without compensation, shall each be a resident of the city with the exception of the two (2) members representing the city's employee bargaining units, and shall be neither a member of any other standing commission, board or committee of the city nor an employee thereof.

Name of Incumbent Appt. Date Date Term Expires
Brooke Doolittle 7/18/2023 7/18/2024
Reggie Brown 7/18/2023 7/18/2024

PARKS & RECREATION COMMISSION
Commission members shall serve without compensation and shall be residents of the City of Redlands and neither officers nor employees thereof. The student member of the Commission shall serve without compensation and shall be from the junior class of a Redlands Unified School District High School at the time of appointment to the Commission.

Name of Incumbent Appt. Date Date Term Expires
Student Commissioner 01/01/2024 12/31/2024

PLANNING COMMISSION
The Commission members shall be residents of the City of Redlands and neither officers nor employees thereof.

There are no terms expiring on this commission in 2024.

STREET TREE COMMITTEE
The Committee members shall serve without compensation and shall be residents of the City of Redlands and neither officers nor employees thereof.

There are no terms expiring on this commission in 2024.

Redlands Regular meeting of 12-19-23 22 of 1429
3 I:\cmo\BOARDS\Local Appt Lists and Rotation\Local Appointments list 2024.docx

TRAFFIC AND PARKING COMMISSION
Members of the Commission shall serve without compensation and shall be residents of the City of Redlands and neither officers nor employees thereof. The student member of the Commission shall serve without compensation and shall be from the junior class of a Redlands Unified School District High School at the time of appointment to the Commission.

Name of Incumbent Appt. Date Date Term Expires
Andrew Hoder 02/21/2023 12/20/2024
Student Commissioner 01/01/2024 12/31/2024
Redlands Regular meeting of 12-19-23 23 of 1429
City Council Meeting G. 3.

DATE: 12/19/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve recommendation for reappointments to the Library Board of Trustees (Council Member Davis)
MOTION:

I move to reappoint Rosa Gomez and Martin Davis to each serve three-year terms on the Library Board of Trustees beginning January 1, 2024 and ending January 1, 2027.

RECOMMENDATION:

It is recommended by Council Member Davis that the City Council consider these reappointments to the Library Board of Trustees. Pursuant to the Redlands Municipal Code, appointments are made by the Mayor and approved by the City Council. However, Mayor Tejeda has expressed his desire to rotate recommendations for commission/board appointments among the City Council Members; therefore, Council Member Davis has been delegated authority by Mayor Tejeda to make the recommendation for these reappointments.

DISCUSSION:

The terms of Library Trustees Rosa Gomez and Martin Davis will expire on January 1, 2024. Trustees Gomez and Davis have each expressed an interest in reappointment to the Library Board of Trustees. Because Library Board Trustees are governed by the State Education Code and are not subject to the City's two, four-year term limitation as other City commissioners, Trustees Gomez and Davis are eligible for reappointment.

A public notice requesting interested residents to submit an application for the Library Board of Trustees was issued in November. In addition, the public notice was concurrently aired on Redlands TV and posted at the community bulletin board at the A. K. Smiley Public Library. The local newspapers also received distribution of the public notice. One application was received in response to the Redlands Regular meeting of 12-19-23 24 of 1429
distribution of the public notice. One application was received in response to the public notice, and two letters from the incumbents were included for consideration.

The Library Board of Trustees consists of five members as follows:

Martin Davis - Term Expires 1.1.24
Rosa Gomez -Term Expires 1.1.24
William T. Hardy, Jr.

William D. Hatfield
Kate Pretorious
ALTERNATIVE:

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

SUBMITTED BY:

Janice McConnell, Assistant City Manager
REVIEWED BY:

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

Jennifer Macias, Management Analyst
Attachments
Public Notice
Library Board Applications
Redlands Regular meeting of 12-19-23 25 of 1429
Redlands Regular meeting of 12-19-23 26 of 1429
Redlands Regular meeting of 12-19-23 27 of 1429
Redlands Regular meeting of 12-19-23 28 of 1429
Dr. Rosa E . Gomez
November 9, 2023
Mayor Eddie Tejeda and City Council
35 Cajon Street
Redlands, CA 92373
RE: A.K. Smiley Library Board
Honorable Mayor Tejeda and City Council:

I am writing to you to request a re-appointment to the A. K. Smiley Library Board of Trustee. It has been my pleasure to serve in the capacity as Vice President these past years. The board continues to forge ahead to find ways to meet the diverse community needs. Most recently we engaged the community, staff and trustees in a Strategic Plan. The outcome of the plan has highlighted our successes, challenges, and strategies to address the constituent needs.

I am fortunate to be an active member on the Board of Trustees. The stability, fortitude, and vision of the current board continues to place a great emphasis on providing the optimum services to our diverse community. The partnerships that have been developed with you and the City Council will continue to help us serve the City of Redlands constituents.

It is with much enthusiasm that I submit my letter of interest to continue serving you, the City Council, and Redlands residents on the A.K. Smiley Library Board.

Respectfully submitted,
Rosa E. Gomez
Dr. Rosa E. Gomez
CC: Don McCue, Library Director
Redlands Regular meeting of 12-19-23 29 of 1429
City Council Meeting G. 4.

DATE: 12/19/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a Learning Partner Agreement between the City of Redlands and Cal Baptist University offering discounted degree programs to City employees (Assistant City Manager McConnell) MOTION(S):

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

I move to approve the Learning Partner Agreement between the City of Redlands and California Baptist University offering discounted degree programs to the City employees.

RECOMMENDATION:

Staff recommends that the City Council approve the agreement between the City of Redlands and California Baptist University to participate in CBU's learning partner program offering discounted degree program to City employees.

DISCUSSION:

The City highly encourages employees to continue their education and obtain degrees through institutions of higher learning. California Baptist University is regionally accredited by the Western Association of Schools and Colleges Senior College and University Commission (WSCUC), which is recognized by the U.S. Department of Education. California Baptist University offers a Learning Partner Agreement that enables employees of their MOU partner the opportunity to receive a discount on their tuition provided that they meet the program's ongoing requirements.

Through the program, the University offers a discounted tuition, customized education, scholarship opportunities, and other considerations to benefit-eligible employees of the MOU partner. The promotion and recruitment process may Redlands Regular meeting of 12-19-23 30 of 1429
employees of the MOU partner. The promotion and recruitment process may include advertisements, education fairs, and on-site information sessions as approved by the MOU partner.

Participants in the program shall receive a tuition discount of 20% and a waiver for the application fees. The discount may not be applied to the University's RN to BSN, MS in Physician Assistant Studies, MS in Speech Language Pathology or Doctor of Psychology programs or be combined with other discount offers or other institutional aid. Within the City, this program may provide employees with the ability to acquire knowledge and skills that may further their personal career aspirations and their work for the City.

As part of participating in this special tuition program, staff performed due diligence relating to the discount offered to public employees. The State's Fair Political Practices Commission (FPPC), in adopting regulations to implement the Political Reform Act, has informed the City that the discounted tuition that is being offered by California Baptist University may constitute a "gift" for purposes of the annual reporting obligations of City employees who are designated as Form 700 filers pursuant to the City's Conflict of Interest Code. Employees are solely responsible for determining their individual legal obligations with respect to the FPPC's annual reporting requirements and compliance with the FPPC's limitations on the dollar amount of gifts acceptable from any one source in a 12-month period. Acceptance of discounted tuition may have legal consequences for such employees, and the City makes no representation with respect to, nor shall have any liability for, an employee's participation in this discounted tuition program.

ALTERNATIVES:

Not Applicable.

STRATEGIC PLAN:

Not Applicable.

SUBMITTED BY:

Janice McConnell, Assistant City Manager
RECOMMENDED BY:

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

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Tommi Ng, Assistant HR/Risk Director
Redlands Regular meeting of 12-19-23 31 of 1429
PREPARED BY:

Marina Gonzalez, Human Resources Analyst
Fiscal Impact
Fiscal Year: 2023/2024
Revenue Generating: No
Appropriation Required Y/N: No
Amount: None
Discussion:

There is no fiscal impact.

Attachments
Cal Baptist University MOU
Redlands Regular meeting of 12-19-23 32 of 1429
1 I:\cmo\Agreements\California Baptist University Memorandum of Understanding FY22-0327.docx-ms

MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING (hereinafter “Agreement”) is entered into the 19th day of December, 2023 by and between California Baptist University, a California nonprofit corporation (hereinafter “University” or “CBU”) and the City of Redlands, a California municipal corporation. CBU and the City of Redlands may be referred to individually as “Party” or collectively as “Parties.”
The purpose of this Agreement is to define how CBU will offer its courses at a reduced tuition rate to City of Redlands employees and how the City of Redlands will provide opportunities to CBU to promote and recruit their employees subject to the terms and conditions of this Agreement.

The Parties Mutually Agree:

A. This Agreement is effective as of December 19, 2023 and shall terminate three (3) years from that date, unless sooner terminated by either Party. The Parties may renew this Agreement upon mutual consent. Any extension of the term of this Agreement shall be in writing and signed by both Parties.

B. Either Party may terminate this Agreement, with or without cause at any time, by giving the other Party thirty (30) days’ written notice.

C. Subject to the terms of this MOU, CBU shall waive application fees and offer City of Redlands employees the following tuition discounts:

1. Traditional Undergraduate On-Campus Programs. All students enrolled in a traditional on-campus undergraduate program shall be eligible to receive a twenty percent (20%) tuition discount;

2. Fully Asynchronous Online Undergraduate Degree Programs. All students enrolled in a fully online asynchronous format undergraduate program shall be eligible to receive a twenty percent (20%) tuition discount; and

3. Graduate Programs. All students enrolled in a graduate program (including graduate or doctoral degree) delivered on-campus or online format shall be eligible to receive a twenty percent (20%) tuition discount.

The tuition discount applies only to tuition, and no other fees (other than the application fee) will be discounted. The tuition discounts apply provided that student accounts remain current. The discounts may not be applied to the University's RN to BSN, MS in Physician Assistant Studies, MS in Speech Language Pathology or Doctor of Psychology programs or be combined with other discount offers or other institutional aid.

D. The tuition discounts described herein shall remain in place for students in good standing who maintain continuous enrollment, regardless of their employment status with the City of Redlands Regular meeting of 12-19-23 33 of 1429
2 I:\cmo\Agreements\California Baptist University Memorandum of Understanding FY22-0327.docx-ms Redlands or the dissolution of the partnership between CBU and the City of Redlands. Employees currently or previously enrolled at CBU may not seek retroactive discounts or scholarships for tuition or fees paid prior to verification of their eligibility.

City of Redlands employees who complete one degree at CBU and wish to pursue another must be re-verified by the City of Redlands as an eligible employee.

E. Students wishing to enroll at CBU will be required to apply for admission and be accepted in accordance with the CBU’s existing admission requirements and processes. It is the sole responsibility of the City of Redlands employee to notify CBU of their intent to request the application fee waiver and scholarship. Failure to do so before the last day to add a class will result in ineligibility.

F. CBU reserves the right to modify programs, price, offerings or curriculum at any time.

G. Employees of City of Redlands may apply for Federal student loans the same as other students attending classes at CBU.

H. The City of Redlands will incur no financial obligation to CBU other than those it may voluntarily assume in connection with tuition reimbursement directly to the employees who enroll as students at CBU. Students will otherwise be personally responsible to CBU for payment of fees and tuition.

I. Policies stated in the University Catalog and Student Handbook shall apply to City of Redlands employees.

J. CBU shall defend, indemnify, and hold the City of Redlands, its officers, agents and employees harmless from and against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts, errors or omissions of CBU, its officers, agents or employees.

K. The City of Redlands shall defend, indemnify, and hold CBU, its officers, employees and agents harmless from and against any and all liability, loss, expense, including reasonable attorneys’ fees or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts, errors or omissions of the City of Redlands, its officers, agents or employees.

L. The City of Redlands shall provide opportunities for the University to market this tuition discount and related program offerings to their employees via emails, posters, brochures, information sessions, staff meetings, and other opportunities deemed appropriate. The City of Redlands is not responsible for guaranteeing that a certain number of employees avail themselves of this opportunity.

M. Miscellaneous Provisions
Redlands Regular meeting of 12-19-23 34 of 1429
3 I:\cmo\Agreements\California Baptist University Memorandum of Understanding FY22-0327.docx-ms

1. Authority. The undersigned individuals hereby represent that they are authorized to execute this Agreement on behalf of their respective organizations, and each party represents that this Agreement constitutes a legal and binding obligation of the Parties.

2. Severability. It is agreed that if any provision of this Agreement shall be determined to be void by a court of competent jurisdiction, then so long as such determination shall not affect any other material provisions of this Agreement and continue to allow this Agreement to be performed in the reasonable expectations of both Parties, then this Agreement and all such other provisions shall remain in full force and effect.

3. Notices. Any notice required or permitted to be provided under this Agreement shall be in writing and shall be deemed to have been duly given if mailed via first class mail, or by a reputable overnight delivery service, or by personal delivery, and directed to the address of such Party set forth below:

CITY OF REDLANDS CONTACT
INFORMATION:

CBU CONTACT INFORMATION:

City of Redlands
35 Cajon St. Suite 200
Redlands, CA 92373
Attn: Janice McConnell
Assistant City Manager
Tel: (909) 798-7514
California Baptist University
10370 Hemet Street
Riverside, CA 92503
Attn: Ron Hawkins
Director of Business and Educational
Partnerships
Enrollment Services
Tel: (951) 343-5230
Email: [email protected]

4. Complete Agreement. This Agreement represents the Parties’ final and complete agreement, and this Agreement shall supersede all other understandings, discussion and/or agreements between the Parties with regard to the subject matter in the Agreement.

5. Governing Law. This Agreement shall be construed in accordance with the laws of the State of California and in effect at the time of the execution of this Agreement.

6. Counterparts. The Parties agree that separate copies of this Agreement be signed by each of the Parties to the Agreement and these copies will have the same force and effect as if the original had been signed by all Parties.

END – SIGNATURE PAGE FOLLOWS
Redlands Regular meeting of 12-19-23 35 of 1429
4 I:\cmo\Agreements\California Baptist University Memorandum of Understanding FY22-0327.docx-ms IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the Effective Date.

CITY OF REDLANDS CALIFORNIA BAPTIST UNIVERSITY
By__________________________________ By______________________________________ Eddie Tejeda, Mayor Mark Howe
Vice President for Finance and Administration
CONCUR
By: _______________________________
Janice McConnell, Assistant City Manager
Redlands Regular meeting of 12-19-23 36 of 1429
City Council Meeting G. 5.

DATE: 12/19/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Resolution No. 8525 declaring weeds to be a public nuisance and setting January 16, 2024, as the public hearing for objections to the proposed weed abatement (Fire Chief Sessler) MOTION(S):

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

I move that the City Council adopt Resolution No. 8525 declaring weeds a public nuisance and setting January 16, 2024, as the public hearing for objections to the proposed weed abatement.

RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 8525 declaring weeds to be a public nuisance and setting January 16, 2024, as the public hearing for objections to the proposed weed abatement.

DISCUSSION:

Resolution No. 8525 establishes a weed abatement procedure as outlined in Government Code Section 39501. This Code Section authorizes the City's legislative body to compel the owner, lessee, or occupant of buildings, grounds or lots within the city, to remove dirt, rubbish, weeds, and rank growths from buildings, or grounds and adjacent sidewalks. Resolution No. 8525 also requires the City Council to declare weeds to be a public nuisance on known properties, offers notice to property owners, and establishes an opportunity for property owners or occupants to be heard as to why said weeds should not be abated.

Redlands Regular meeting of 12-19-23 37 of 1429
ALTERNATIVES:

The Council may choose not to approve Resolution No. 8525.

STRATEGIC PLAN:

N/A
SUBMITTED BY:

Rich Sessler, Fire Chief
RECOMMENDED BY:

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

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

Bruni Reyes, Management Analyst
Fiscal Impact
Fiscal Year: 2023-2024
Revenue Generating: N
Appropriation Required Y/N: N
Discussion:

There is no cost associated with the adoption of Resolution. 8525 declaring weeds a public nuisance.

Attachments
Resolution 8525
Exhibit A
Redlands Regular meeting of 12-19-23 38 of 1429
1 I:\cmo\Resolutions\8525 Declaring Weeds a Public Nuisance.docx-ms RESOLUTION NO. 8525

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS

DECLARING WEEDS A PUBLIC NUISANCE AND INITIATING ABATEMENT

PROCEEDINGS
Section 1. The City Council elects to proceed under Government Code Sections 39501 and 39502, and Section 39560 et seq., to declare a public nuisance and abate all weeds growing upon streets, sidewalks, and private property in the City. In this resolution and in all subsequent proceedings, the term “weeds” means that, when mature, bear wingy or downy seeds that will attain such a large growth as to become a fire menace when dry, or that are otherwise noxious or dangerous, and includes sagebrush, chaparral, poison oak and poison ivy, when the conditions of growth are such as to constitute a menace to the public health, dry grass, stubble, brush, litter and all other flammable material that endangers the public safety by creating a fire hazard.

Section 2. The City Council declares as a public nuisance all weeds growing upon the streets, sidewalks, and private property in the City.

Section 3. The streets referred in Section 2 are described in Exhibit “A” attached hereto and made part hereof by this reference.

Section 4. The properties upon which, or in front of which, the nuisance declared in Section 2 exist are described in Exhibit “A” attached hereto and made part hereof by this reference.

The City Council finds and declares that weeds on or in front of parcels specified in Exhibit “A” are seasonal and recurrent in nature. In accordance with Governmental Code Section 39562.1, the seasonal and recurrent nuisances shall be abated under Government Code Sections 39510 through and including 39588, and upon the second and subsequent occurrence in same calendar year, no further hearings will be held and notice shall be by mailing a post card as provided in Government Code Section 39562.1.

Section 5. The Fire Chief, or his authorized designee, is the person designated to perform the duties imposed by Government Code Sections 39560 through 39588 upon the Fire Marshal, and all references in these proceedings to Fire Marshal means that person.

Section 6. January 16, 2024, at 6:00 pm, or as soon thereafter as the matter may be heard, at 35 Cajon St., Redlands, California, is fixed as the time and place for hearing all objections to the proposed removal of weeds.

Section 7. The Fire Marshalshall prepare notices asfollows: The heading of the notice shall be “Notice to destroy weeds” in letters not less than one inch in height. The notice shall be substantially in the following form:

Redlands Regular meeting of 12-19-23 39 of 1429
2 I:\cmo\Resolutions\8525 Declaring Weeds a Public Nuisance.docx-ms

NOTICE TO DESTROY WEEDS
Notice is given that on December 19, 2023, the City Council of the City of Redlands passed a resolution declaring that noxious or dangerous weeds were growing upon or in front of the property on this street, and more particularly described in the resolution, and that they constitute a public nuisance that must be abated by the removal of the weeds. Otherwise, they will be removed and the nuisance abated by the City and the cost of removal assessed upon the land from on or in front of which the weeds and will constitute a lien upon such land until paid.

Reference is made to the resolution for further particulars. A copy of the resolution is on file in the office of the City Clerk. All property owners having any objections to the proposed removal of the weeds, are notified to attend a meeting of the City Council of the City of Redlands to be held at 35 Cajon Street, Redlands, California, on January 16, 2024, at 6:00 pm, or as soon thereafter as the matter may be heard, when their objections will be heard and given due consideration.

Date: December 19, 2023
_________________________
Fire Marshal
City of Redlands
Section 8. In addition to posting, the City Clerk shall mail written notice of the proposed abatement to all persons owning property described in Section 4 of this resolution. Then notice shall be mailed to each person to whom the property is assessed as shown on the last equalized assessment roll. The City Clerk shall mail the notice at least Five (5) days before the time set for hearing. The notice shall be in the form described above that is posted on the property, except that the notice shall be signed by the City Clerk and the notice need not contain the heading in one inch letters.

ADOPTED, SIGNED AND APPROVED ON this 19th day of December, 2023. _________________________
Eddie Tejeda, Mayor
ATTEST:
_________________________
Jeanne Donaldson, City Clerk
Redlands Regular meeting of 12-19-23 40 of 1429
3 I:\cmo\Resolutions\8525 Declaring Weeds a Public Nuisance.docx-ms EXHIBIT “A”
[ See Attached ]
Redlands Regular meeting of 12-19-23 41 of 1429
Exhibit “A”
Redlands Regular meeting of 12-19-23 42 of 1429
City Council Meeting G. 6.

DATE: 12/19/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a Memorandum of Understanding between the Department of Behavioral Health and the City of Redlands Police Department to expand consumer rapid access to mental health crisis care through Community Triage, Engagement, and Support Teams and have community office space available for mobile Community Crisis Response Teams (Police Chief Tolber)
MOTION(S):

I move to approve the Memorandum of Understanding between the Department of Behavioral Health and the City of Redlands Police Department to expand consumer rapid access to mental health crisis care through Community Triage, Engagement, and Support Teams (TEST), and have community office space available for mobile Community Crisis Response Teams.

RECOMMENDATION:

Staff recommends that Council approve the Memorandum of Understanding between the Department of Behavioral Health and the City of Redlands Police Department to expand consumer rapid access to mental health crisis care through Community Triage, Engagement, and Support Teams and have community office space available for mobile Community Crisis Response Teams.

DISCUSSION:

The Redlands Police Department (RPD) and the San Bernardino County Department of Behavioral Health (DBH) are committed to bringing responsive access to mental health crisis services to the Redlands community. Since 2018, RPD has partnered with DBH on the Triage, Engagement, and Support Team (TEST). TEST is a community-based program comprised of DBH paraprofessionals located in partnered sites across the county. The ultimate goal of TEST is to support wellness, recovery, and resilience. TEST offers crisis intervention and intensive case management to connect individuals with various Redlands Regular meeting of 12-19-23 43 of 1429
intervention and intensive case management to connect individuals with various resources, including mental health services, substance-use disorder treatment programs, homeless and employment services, and to reduce hospitalization and incarceration. TEST services are funded by the Mental Health Services Act (Proposition 63). DBH will provide one TEST staff member to the City of Redlands Police Department at no charge, in exchange for a dedicated office space to work out of during his/her shift. The staff member will be working 40 hours per week, Monday – Friday.

Several other police departments in the Inland Empire currently have TEST staff assigned to their stations and have noticed improved efficiency in response to mental health calls by connecting individuals with the appropriate mental health crisis intervention services. The following stations currently have DBH staff assigned: Fontana PD, Fontana Sheriff Station, Hesperia Sheriff Station, Highland Sheriff Station, Rialto Police Department, and Upland Police Department. In stations where TEST staff are assigned, there has been a significant reduction in the number of mental health holds written. Individuals who have TEST encounters have a significant increase in the use of outpatient mental health services. RPD and the community would continue to benefit by having a TEST staff member assigned to the City of Redlands Police Department. The new MOU would be effective as of January 1, 2024.

ALTERNATIVES:

Do not approve the Memorandum of Understanding between the City of Redlands and the Department of Behavioral Health for dedicated office space.

STRATEGIC PLAN:

N/A
SUBMITTED BY:

Rachel Tolber, Police Chief
RECOMMENDED BY:

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

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Rachel Tolber, Police Chief
PREPARED BY:

Jeremy Floyd, Commander
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Fiscal Impact
Fiscal Year: 2023/2024
Revenue Generating: no
Appropriation Required Y/N: No
Budgeted Y/N: no
Account No.: N/A
Discussion:

Attachments

DBH MOU
Redlands Regular meeting of 12-19-23 45 of 1429

MEMORANDUM OF UNDERSTANDING
Between
Department of Behavioral Health
And
The City of Redlands
For
Dedicated Office Space
January 1, 2024
WHEREAS, the San Bernardino County (County), Department of Behavioral Health hereinafter referred to as DBH, and the City of Redlands (City); and
WHEREAS, DBH desires to expand consumer rapid access to mental health crisis care through community Triage, Engagement and Support Teams (TEST). DBH will do so by collaborating for dedicated office space, at no cost, within agencies that have the highest contact with consumers experiencing a psychiatric emergency.

These agencies, named ‘points of access’ are law enforcement, hospital emergency rooms, schools and court related agencies; and
WHEREAS, DBH has been allocated funds by the Mental Health Services Act (MHSA) to provide such services; and
WHEREAS, City is willing and able to provide adequate, non-financial, dedicated office space located in the City’s Police Department, specifically for DBH services provided by co-located TEST staff, to assist/link consumers; and
NOW THEREFORE, in consideration of the mutual promises contained herein, DBH and City agree as follows:

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TABLE OF CONTENTS
I. PURPOSE .............................................................................................................................. 3 II. DEFINITIONS ......................................................................................................................... 3 III. COLLABORATING CITY FACILITY REQUIREMENTS........................................................... 4 IV. CITY GENERAL RESPONSIBILITIES .................................................................................... 4 V. DBH GENERAL RESPONSIBILITIES..................................................................................... 5 VI. MUTUAL RESPONSIBILITIES................................................................................................ 6 VII. RIGHT TO MONITOR AND AUDIT ......................................................................................... 8 VIII. TERM...................................................................................................................................... 8 IX. EARLY TERMINATION........................................................................................................... 9 X. GENERAL PROVISIONS........................................................................................................ 9 XI. CONCLUSION ........................................................................................................................10 Attachment: Exhibit I – Description of Triage, Engagement and Support Teams (TEST) Services Redlands Regular meeting of 12-19-23 47 of 1429

I. PURPOSE
This Memorandum of Understanding (MOU) serves to identify areas of agreement and responsibility between City and the Department of Behavioral Health (DBH), regarding the use of dedicated office space within City’s Police Department for co-locating DBH TEST program staff to assist/link consumers with community services.

DBH will assign the TEST staff that will utilize office space within City location here:

Redlands Police Department
30 Cajon Street
Redlands, CA 92373
(909) 335-4744
The MOU is a joint effort to bring responsive access to mental health crisis services to the Redlands community, at no charge, for a consumer in need. In exchange for City’s space and responsibilities hereunder, the TEST staff shall provide crisis assessments, intervention, and intensive case management with linkage to community resources as outlined in Exhibit I.

II. DEFINITIONS
A. The terms consumer, resident, individual, client or participant are used interchangeably throughout this MOU referring to the individual inquiring, accessing and/or receiving services.

B. Authorization for Release of Protected Health Information (PHI): A HIPAA compliant authorization signed by the client or client’s legal representative, authorizing DBH to release the client’s information to a designated recipient. This form must be completed thoroughly with specified records to be shared, a designated time frame and expiration date, as well as a signature by the DBH client or his/her legal representative. If the form is signed by a legal representative, proof from the court system designating legal representation must accompany the request.

C. Department of Behavioral Health (DBH): The San Bernardino County Department of Behavioral Health, under state law, provides mental health and substance use disorder treatment services to County residents. In order to maintain a continuum of care, DBH operates or contracts for the provision of prevention and early intervention services, 24-hour care, day treatment outpatient services, case management, and crisis and referral services. Community services are provided in all major County metropolitan areas and are readily accessible to County residents.

D. Health Insurance Portability and Accountability Act (HIPAA): A federal law designed to improve portability and continuity of health insurance coverage in the group and individual markets, to combat waste, fraud, and abuse in health insurance and health care delivery, to promote the use of medical savings accounts, to improve access to long-term care services and coverage, to simplify the administration of health insurance, and for other purposes.

E. Mental Health Services Act (MHSA): Mental Health Services Act, also known as Proposition 63, imposes a 1% tax on adjusted annual income over $1,000,000. In November 2004, California voters passed Proposition 63 to adopt the MHSA. According to the MHSA, the intent of the funding is to reduce the long term adverse impact on individuals, families, and State and local budgets resulting from untreated serious mental illness.

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F. Personally Identifiable Information (PII): PII is information that can be used alone or in conjunction with other personal or identifying information, which is linked or linkable to a specific individual. This includes: name, social security number, date of birth, address, driver’s license, photo identification, other identifying number (case number, client index number, SIMON number/medical record number, etc.)
G. Protected Health Information (PHI): PHI is individually identifiable health information held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper or oral. Individually identifiable information is information, including demographic data, that relates to the individual’s past, present or future physical or mental health or condition; the provision of health care to the individual; or the past, present, or future payment for the provision of health care to the individual, and identifies the individual or for which there is reasonable basis to believe it can be used to identify the individual. PHI excludes individually identifiable health information in education records covered by the Family Educational Rights and Privacy Act, as amended, 20 U.S.C. 1232g; in records described at 20 U.S.C1232g(a)(4)(B)(iv); in employment records held by a covered entity in its role as employer; and regarding a person who has been deceased for more than fifty (50) years.

H. Triage, Engagement and Support Teams (TEST): Triage teams specializing in crisis intervention, continuum of care, and intensive case management for individuals experiencing an urgent psychiatric health condition with up to 59 days of individualized linkage and follow up services. The goal is to improve consumer experience by improving access to mental health services with local staff and rapid response times, allowing the consumer to possibly stay within their own community and strengthening their opportunity for recovery and wellness while reducing involvement with the criminal justice system, reducing frequencies of emergency room visits and/or unnecessary hospitalization.

III. COLLABORATING CITY FACILITY REQUIREMENTS
City will:

A. Provide adequate workspace for DBH staff within City facilities. Adequate workspace shall include a personal work area with a desk, chairs and secure document storage.

B. Provide a designated area for consultation of consumers as required.

C. Provide a parking space for a County or DBH staff vehicle.

D. Provide access to a desk phone, fax machine and photocopier.

E. Provide DBH staff access to staff restrooms and breakroom.

F. Maintain and relay safety/security procedures related to DBH staff assigned to City.

G. Assign building passes and office keys as needed to TEST staff, and/or DBH employees regularly assigned to City.

IV. CITY GENERAL RESPONSIBILITIES
A. City will not assign this MOU, either in whole or in part, without the prior written consent of DBH.

B. City shall make available to the DBH Program Manager (PM) copies of all administrative policies and procedures utilized and developed for this service location(s) and shall maintain ongoing communication with the DBH PM regarding those policies and procedures.

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C. City is aware that DBH is required by regulation to guard Personally Identifiable Information (PII) and Protected Health Information (PHI) from unauthorized use or disclosure such as names and other identifying information concerning persons receiving services pursuant to this MOU.

D. Information obtained by DBH for participants is PHI and any DBH documents stored at City are highly sensitive and confidential; therefore, City shall provide DBH with secure document storage and use the same physical safeguards related to such document storage that City uses to safeguard its own lawfully protected information.

E. Should City find the need to obtain PHI about a consumer, City shall request the consumer complete the DBH Authorization for Release of Protected Health Information (COM001) form prior to any discussion or release regarding consumer PHI, including but not limited to diagnosis treatment, and/or outcomes. The form must state DBH can share consumer’s PHI with City personnel, with specified time frames including expiration date. This provision will remain in force even after the termination of the MOU.

F. City acknowledges DBH must track/report specified data required by Mental Health Services Act (MHSA) in a format approved by DBH. Part of the necessary information measures the referrals and linkage to appropriate services designed to address the particular behavioral health issues being presented to law enforcement (justice system); reduction of the time individuals needing mental health services spend within the justice system; reduced number of visits to assist the same consumer for behavioral health-related concerns post TEST involvement, and to facilitate assessments of individuals experiencing a mental health crisis that could result in inpatient hospitalization. City further acknowledges that these tracking/reporting requirements may change per the County and/or the State.

V. DBH GENERAL RESPONSIBILITIES
DBH will:

A. In the least restrictive environment possible, provide crisis intervention designed to divert seriously mentally ill consumers from law enforcement encounters. The primary usage of this office space is to:

1. Provide crisis intervention services for consumers in surrounding community.

2. Provide intensive case management for local consumers participating in TEST.

3. Be the central location for TEST staff to link consumers to the appropriate public and/or private community resources for up to 59 days.

4. Be an in-house asset to City in improving outcomes for consumers with behavioral health issues.

B. Assign staff for a minimum of 40 hours a week to City. This may include any combination of the following: Social Worker II, Alcohol and Drug Counselor, and Clinical Therapist, for the purpose of providing crisis response services within the dedicated office space and in the field (exact service hours will be agreed upon between DBH Program Manager and City).

C. Adhere to City’s required clearance protocols for assigned DBH staff prior to staff person utilizing dedicated office space.

D. Monitor and coordinate staff work schedules, as staff work hours may vary.

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E. Assign computers and cell phones to TEST staff. ALL correspondence with TEST staff must be sent through the DBH email system. No other City email is to be allocated to the TEST staff.

DBH staff shall adhere to the DBH Electronic Mail Policy.

F. Provide administrative supervision to all DBH staff located or utilizing the city offices. Any concerns or suggestions regarding any type of matters shall be taken to the DBH Program Manager, supervisory staff, or his/her designee.

G. Communicate with the appropriate City supervisory staff or his/her designee with any concerns and/or suggestions for overcoming problem areas and/or changing procedures related to facility usage or supervision.

H. Maintain authority and responsibility for the assignment and/or reassignment of all TEST staff.

I. Address the MHSA goals, measure, and report outcomes in collaboration with City by increasing access to mental health services, reducing criminal and juvenile justice involvement while also reducing frequency of emergency room visits and unnecessary hospitalizations within the local community.

J. Maintain consumer records in compliance with all regulations set forth by the State and provide access to clinical records by DBH staff.

K. Pursuant to HIPAA, implement administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of health information that is transmitted or maintained in any form or medium.

L. Obtain HIPAA compliant Authorization for Release of PHI for each consumer prior to any discussions/sharing with City regarding any consumer’s PHI, including, but not limited to, diagnosis, treatment, and/or outcomes in the performance of required services.

VI. MUTUAL RESPONSIBILITIES
A. DBH TEST staff will coordinate with City staff for the purpose of providing crisis intervention services and intensive case management and linkage for referred consumers.

B. City and DBH agree to develop a program unique to City needs and internal procedures for optimal utilization of TEST services and fulfilment of consumer needs as outlined in Exhibit I of this MOU.

C. The Parties must comply with relevant regulations for any release of information. City and DBH agree they will establish mutually satisfactory methods for the exchange of such information as may be necessary in order that each party may perform its duties and functions under this MOU.

Both parties will develop appropriate procedures to ensure all information is safeguarded from unauthorized disclosure in accordance with applicable State and Federal laws and regulations, and as referred herein.

D. City and DBH agree they will establish mutually satisfactory methods for problem resolution at the lowest possible level as the optimum, with a procedure to mobilize problem resolution up through the City and DBH mutual chain of command, as deemed necessary.

E. City and DBH agree to develop and implement procedures and forms necessary to administer and document each program referral, participation, compliance and effectiveness.

F. City and DBH agree to develop internal procedures for resolving grievances including the specific steps a consumer must follow, and the time limits for resolution.

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G. City and DBH agree to comply with all applicable local, State, and Federal laws.

H. City and DBH shall not charge each other for any of the items or services provided hereunder.

I. Indemnification and Insurance Requirements

1. City agrees to defend, indemnify and hold harmless the County, it’s officers, staff, agents, and volunteers for any and all claims, losses, actions, damages and/or liability resulting from this agreement/contract from any cause whatsoever, including any costs or expenses incurred by County, except as prohibited by law, arising out of the City or City Police Department’s negligent or wrongful acts or omissions in connection with its performance under the herein agreement.

2. The County agrees to defend, indemnify and hold harmless the City, it’s officers, staff, agents, and volunteers for any and all claims, losses, actions, damages and/or liability arising out of this agreement/contract from any cause whatsoever, including any costs or expenses incurred by the City, except as prohibited by law, arising out of County’s or DBH’s negligent or wrongful acts or omissions in connection with its performance under the herein agreement.

3. In the event that the County and/or the City are determined to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this agreement, the County and/or the City shall indemnify the other to the extent of its comparative fault.

4. The County and the City are authorized self-insured entities for purposes of General Liability, Automobile Liability, Workers' Compensation, and Professional Liability coverage and warrants that through its program of self-insurance, it has adequate coverage or resources to protect against liabilities arising out of the terms, conditions and obligations of this agreement.

J. Privacy and Security

1. City and DBH shall adhere to any County applicable privacy-related policies pertaining to PHI. DBH has a specific responsibility to comply with all applicable State and Federal regulations pertaining to privacy and security of consumer PHI and strictly maintain the confidentiality of behavioral health records, and City shall assist DBH in upholding said confidentiality by applying safeguards as discussed herein. Regulations have been promulgated governing the privacy and security of individually identifiable health information (IIHI) PHI or electronic Protected Health Information (ePHI).

2. In addition to the aforementioned protection of IIHI, PHI, and e-PH, both parties shall adhere to the protection of PII and Medi-Cal PII. PII includes any information that can be used to search for or identify individuals such as but not limited to name, social security number or date of birth. Whereas Medi-Cal PII is the information that is directly obtained in the course of performing an administrative function on behalf of Medi-Cal, such as determining eligibility that can be used alone in conjunction with any other information to identify an individual.

3. Reporting Improper Access, Use, Disclosure, or Breach Redlands Regular meeting of 12-19-23 52 of 1429

Upon discovery of any unauthorized use, access or disclosure of PHI or any other security incident with regards to PHI or PII, City agrees to report to DBH no later than one (1) business day upon the discovery of a potential breach. City shall cooperate and provide information to DBH to assist with appropriate reporting requirements to the DBH Office of Compliance.

K. City and DBH will ensure any DBH consumer PHI that is stored on City premises will be locked and secure in adherence to IIHI and PHI privacy requirements.

L. City and DBH shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving services pursuant to this MOU, except for statistical information not identifying any consumer DBH and City shall not use or disclose any identifying information for any other purpose other than carrying out the obligations under this MOU, except as may be otherwise permitted or required by law. This provision will remain in force even after the termination of the MOU.

M. City and DBH agree they will collaborate in providing in-service training to City staff on the services offered under this MOU and any relevant policies/procedures, including the Authorization to Release of Protected Health Information Policy and Procedure.

VII. RIGHT TO MONITOR AND AUDIT
A. City will collaborate with DBH in the implementation, monitoring and evaluation of this MOU and share information as needed.

B. City shall provide all reasonable facilities and assistance for the safety and convenience of DBH's representative in the performance of monitoring or auditing duties. Any supervisory or administrative inspections and evaluations shall be performed in such a manner as will not unduly delay the work of City staff.

C. City and DBH agree to work together to develop a tracking system of calls that TEST staff respond to for the purpose of productivity measures and staff accountability.

D. A review of productivity at the City location for TEST services shall be conducted after the end of each fiscal year.

E. City and DBH will participate in evaluating the progress of the overall program in regard to responding to the mental health needs of local communities.

F. City and DBH will work jointly to monitor outcome measures. City and DBH shall comply with all local, State and Federal regulations regarding local, State and Federal performance outcomes measurements requirements and participate in the outcome measurement process, as required by the State and/or DBH. For MHSA programs, City agrees to meet the goals and intention of the program as indicated in the related MHSA Component Plan and most recent updates.

VIII. TERM
This Memorandum of Understanding (MOU) is effective as of January 1, 2024, to December 31, 2028, and may be terminated earlier in accordance with provisions of the Early Termination Section of this MOU.

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IX. EARLY TERMINATION
This MOU may be terminated without cause upon thirty (30) days written notice by either party. DBH's Director is authorized to exercise DBH's rights with respect to any termination of this MOU. The City’s Chief of Police, or his/her appointed designee, has authority to terminate this MOU on behalf of City.

X. GENERAL PROVISIONS
A. DBH staff vacancies or changes in staffing plan shall be submitted to the appropriate City’s contact person within 48 hours of DBH’s knowledge of such occurrence. Such notice shall include a plan of action to address the vacancy or a justification for the staffing plan change.

B. No waiver of any of the provisions of the MOU documents shall be effective unless it is made in a writing which refers to provisions so waived and which is executed by the parties. No course of dealing and no delay or failure of a party in exercising any right under any MOU document shall affect any other or future exercise of that right or any exercise of any other right. A party shall not be precluded from exercising a right by its having partially exercised that right or its having previously abandoned or discontinued steps to enforce that right.

C. Any alterations, variations, modifications, or waivers of provisions of the MOU, unless specifically allowed in the MOU, shall be valid only when they have been reduced to writing, duly signed, and approved by the authorized representatives of both parties as an amendment to this MOU. No oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto.

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XI. CONCLUSION
A. This MOU, consisting of ten pages (10) and Exhibit I, is the full and complete document describing services to be rendered by City to DBH including all covenants, conditions, and benefits.

B. The signatures of the parties affixed to this MOU affirm that they are duly authorized to commit and bind their respective departments to the terms and conditions set forth in this document.

This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Agreement. The Parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each Party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.

City of Redlands
Redlands Police Department

___________________________
Name: Rachel Tolber
Title: Chief of Police
Address: 30 Cajon Street
Redlands, CA 92373

Date: _______________________

SAN BERNARDINO COUNTY

________________________________________
Dawn Rowe, Chair, Board of Supervisors

Dated ____________________________________

SIGNED AND CERTIFIED THAT A COPY OF THIS

DOCUMENT HAS BEEN DELIVERED TO THE

CHAIRMAN OF THE BOARD
Lynna Monell
Clerk of the Board of Supervisors
of San Bernardino County
By ____________________________________
Deputy
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EXHIBIT I

Description of Triage,
Engagement and Support Teams (TEST) Services Available
And Co-location Specific Considerations
FOR
Redlands Police Department
30 Cajon Street
Redlands, CA 92373
Department of Behavioral Health (DBH) has community based, behavioral health, crisis teams that respond throughout San Bernardino County for consumers having a mental health emergency and is in need of crisis triage. The success of the Triage, Engagement, and Support Teams (TEST) program has grown with Agency collaborations throughout San Bernardino County. DBH funds:
• Triage, Engagement and Support Team (TEST)
Program Manager II: Vivian Bermudez (909) 421-9456
Number of Locations: Approximately 31 community office spaces Base Location: Co-located within participating community agency Specialty: Crisis triage for consumers referred by Agency.

TEST works with consumers experiencing a mental health crisis to develop and maintain a level of stability that reduces the need for emergency services and minimizes incarcerations and hospitalizations, freeing law enforcement and medical facilities resources.

Agencies requesting to locate a TEST team participate collaboratively with DBH. The Agency provides no cost office space and refers local consumers that may need TEST’s specialized services. The referred consumer receives expedited access to mental health crisis triage from TEST staff located in the Agency offices. Consumers are given the opportunity to de-escalate and focus on their present needs and learn how TEST can assist them by linking them to appropriate services resulting in better consumer outcomes.

Exhibit I is attached to the MOU as an overview of the TEST program, specifies considerations unique to the Agency, defines the specific services available through the TEST program, and shares the State mandated reporting requirement.

I. Overview of TEST Current Successes and Examples
A. Since the inception of TEST in 2014, the purpose was to improve consumer access to specialized behavioral health services during a mental health crisis and to minimize negative outcomes such as incarcerations and hospitalizations. In FY 2022/23, there were a total of 11,007 TEST encounters with co-located TEST staff in San Bernardino County.

B. The following results can be highlighted:
• By DBH co-locating mental health crisis triage staff where consumers live and work the access to specialty mental health services for underserved consumers has increased.

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EXHIBIT I

• Consumers receiving crisis triage followed by immediate linkage to appropriate services has improved consumer outcomes.
• Decreased costs for law enforcement agencies and emergency room services as resources to assist consumers in crisis are diverted to TEST staff and appropriate linked services.
• Increased number of consumers experiencing a mental health crisis diverted from the justice system, hospitals and/or hospitalization.

C. TEST within your City:

TEST’s Program Manager (PM) or designee will select the appropriate staff for your facility. The PM continually evaluates TEST locations on their successes for providing services/referrals/linkage for consumers in crisis. In the office space provided each TEST encounter will focus on individual consumer needs, and provide community based crisis triage combined with linkage to quality mental health services to improve consumer outcomes.

TEST Commitment to City TEST Provides
To ensure 100% of City’s referrals,
consumers experiencing a mental
health crisis, are seen in a timely
fashion, initiating improved
consumer outcomes.

TEST staff provides immediate access to
Specialty Mental Health Services for
consumers in a mental health crisis.

D. Most Agencies Frequently Referred Consumers:

DBH shall screen consumers generated and referred by the City, shall develop policies and procedures regarding those persons who are eligible for services; and shall provide a linkage plan for all consumer interventions that aid in the maintenance of a stable level of functioning.

Most Frequent Referrals TEST Specific Focus
Consumer in crisis, coming in
contact with host City, having cooccurring mental health and substance use disorders
When TEST staff identifies consumers
with co-occurring mental health and
substance use disorders staff
links/provides referrals to appropriate
services
Consumers in crisis who may
respond well to peer support and
self-help groups
TEST staff arranges access to peer
support and self-help groups
Consumers in crisis who are part
of the 25% of statistical uninsured
consumers
TEST serves uninsured consumers and
links them with services and applying for
or utilizing current insurance coverage
Consumers in crisis needing more
than day one of crisis intervention.

Usually needing an assisted period
of stabilization with regular follow
up such as several weeks of
guidance and/or more intensive
level of assistance.

TEST will provide up to 59 days of case
management services; TEST will provide
linkage to all community resources and
services accessible to DBH that could be
beneficial to each unique consumer with
a focus on long term stabilization,
minimized use of emergency room
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EXHIBIT I

services as well as reduced psychiatric
hospital admissions.

II. Participating City Considerations
A. General Considerations
• Provide TEST staff access to data to track/report necessary information that measures reduced time law enforcement spends with individuals needing mental health services; reduced number of encounters between consumer and law enforcement; reduced number of crisis referrals that result in arrests and jail time; and reductions in crisis referred consumers that do not need emergency services and hospitalization. Work collaboratively with DBH, as necessary.

B. Considerations Applicable to Law Enforcement
• At the Station Commander’s discretion and with his/her approval:
o Provide TEST staff with a hand-held radio after the appropriate C.L.E.T.S. testing has been taken and a statement of confidentiality has been signed and received by the City
o Provide training to TEST staff for radio use with provided call signs III. Detailed Description of Available Services TEST Staff May Provide A. The behavioral health service provided comes at no cost to the City and is provided by the TEST program as an expedient link to behavioral health services for the community served. Initial services shall be directed toward achieving crisis intervention, diversion, and stabilization.

B. TEST staff is called to assist City staff when a possible consumer is exhibiting symptoms of psychiatric crisis. TEST will immediately respond starting with triage to engage and support the consumer in crisis. TEST staff will provide crisis intervention with assessment and evaluation including collateral to help identify the needs for behavioral health services. The goal of intensive case management is to stabilize and successfully link consumers to DBH services and other community resources.

The following are services provided by TEST staff:

1. Crisis Intervention is a quick emergency response service enabling the individual to cope with a crisis, while maintaining his/her status as a functioning community member to the greatest extent possible. A crisis is an unplanned event that results in the individual’s need for immediate service intervention. The response modality must allow for the resolution of the consumer’s crisis. Crisis Intervention services are limited to stabilization of the presenting emergency. Service activities include but are not limited to assessment, evaluation, and collateral.

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EXHIBIT I

a. Assessment is an analysis of the history and current status of the individual’s mental, emotional, or behavioral disorder. Relevant cultural factors and history may be included where appropriate.

Assessments will include consumer level of acuity and risk. b. Evaluation is an appraisal of the individual’s community functioning in several areas including living situation, daily activities, social support systems and health status. Cultural issues may be addressed where appropriate.
c. Collateral is contact with one or more significant support persons in the life of the individual to assist the consumer in crisis as quickly as possible.

2. Intensive Case Management provided by TEST staff for up to 59 days to link the consumer with appropriate DBH and community resources for continued stability.

C. Consumer interventions conclude following completion of services or consumer is at an acceptable level of stability and/or linkage with supportive resources.

IV. TEST Staff
All TEST staff shall be employed by DBH. The staff described will work the designated number of hours per week in full time equivalents (FTE's) and perform the job functions specified. Clinical staff providing TEST services shall be licensed or waivered by viable internship by the State, if applicable.

A. The staffing will consist of the following:

An intensive case management treatment model will be used and will employ staff members that may include any combination of the following: Social Worker II, Alcohol and Drug Counselor, Mental Health Specialist, and/or Clinical Therapist, for the purpose of providing crisis intervention services, intensive case management and linkage within the dedicated office space, and in the field.

B. Staff Responsibilities:

1. Provide crisis triage/response/intervention.

2. Provide interagency coordination of crisis services.

3. Conduct case management needs assessment for possible intensive case management for consumers, identified and referred by the City, for referrals/linkage to DBH services and/or other community services.

4. Identify individuals with potential Substance Use Disorder and Recovery Services (SUDRS) needs and refer to community SUDRS services.

5. Provide short-term follow-up case management services (up to 59 days) while consumers are appropriately linked to DBH services and/or other community services.

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EXHIBIT I

6. Collaborate with City staff, community agencies, family, and other support persons to avoid psychiatric hospitalizations or law enforcement escalations and to improve consumers daily functioning.

7. Maintain appropriate and timely documentation, according to DBH policies and standards.

8. Attend co-location meetings such as, briefings, staff meetings, and/or other team/community meetings, as appropriate.

C. Welfare and Institutions Code (WIC) 5150 Adults/5585 Children - Involuntary Psychiatric Hold
• Most TEST Paraprofessional staff are not able to write WIC 5150 or 5585 holds, but can assist law enforcement during WIC 5150 or 5585 evaluations by providing support to the officers writing the holds. • The exception occurs when a DBH Clinical Therapist is available and law enforcement is NOT available to do the WIC 5150/5585 evaluations. After an evaluation, if appropriate, DBH Clinical Therapist will write the needed hold.

D. Transporting WIC 5150 or 5585 holds to appropriate psychiatric facility • TEST staff can follow law enforcement to the hospital and sit with the consumer.
• TEST staff is able to transport consumers that do not present as violent or a flight risk with appropriate City vehicle without a law enforcement officer. This method frees up law enforcement to return to the community instead of transporting the consumer and waiting at the hospital.

V. Data Reporting and Outcome Measures Requirements
A. The assigned DBH Program Manager is responsible for reporting MHSA goals and outcome measures to the MHSA Coordinator, as appropriate.

The outcomes-based criteria which shall be measured are as follows:

GOALS KEY OUTCOMES
Reduce
unnecessary
psychiatric
hospitalizations
• Increased use of alternative crisis interventions (e.g., CWIC, CCRT, CSU).
• Increase in number of individuals diverted from
hospitalization.
• Increase access to and use of existing community
resources (e.g., housing, mental health services, alcohol and drug services, medical treatment, education
services, etc.)
B. DBH shall be responsible for collecting and entering data via the data collection instrument developed by the County and the State on all clients referred by the City. DBH shall ensure the data is entered electronically at encrypted network sites and downloaded at the County centralized database (Integrated System).

Redlands Regular meeting of 12-19-23 60 of 1429

EXHIBIT I

In addition to the below performance-based criteria, data collection shall include demographic data, the number of case openings, the number of case closings, and the services provided. DBH may base future extensions of this program upon positive performance outcomes, which DBH will monitor throughout the year. TEST staff, in collaboration with host City, shall collect data in a timely manner and submit it to the DBH MHSA coordinator.

VI. DBH Considerations and Special Provisions
A. Program Manager shall monitor TEST staff and provide oversight on a regular basis in regard to compliance with all of the above requirements.

B. It is further expected that the consumer population will be reflective of the social, economic and ethnic characteristics of the communities served by the City.

Redlands Regular meeting of 12-19-23 61 of 1429
City Council Meeting G. 7.

DATE: 12/19/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the State Plan of Operations Agreement and addendum between the State of California and the City of Redlands for the use of excess Department of Defense supplies and equipment, and authorize the Police Chief to execute both on behalf of the City (Police Chief Tolber)
MOTION(S):

I move to approve the State Plan of Operations Agreement and addendum between the State of California and the City of Redlands for the use of excess Department of Defense supplies and equipment, and authorize the Police Chief to execute both on behalf of the City.

RECOMMENDATION:

Staff recommends City Council approve the State Plan of Operations Agreement and addendum between the State of California and the City of Redlands for the use of excess Department of Defense supplies and equipment, and authorize the Police Chief to execute both on behalf of the City.

DISCUSSION:

The U.S. Department of Defense Law Enforcement Support Office (LESO) program permits the Secretary of Defense to transfer excess Department of Defense supplies and equipment to local law enforcement agencies for use in their law enforcement duties. This property is procured at no cost to the agency except for any shipping or transportation costs. The City of Redlands received rifles, a Mine-Resistant Ambush Protected (MRAP) vehicle and night vision gear through the LESO program in prior years, saving Redlands taxpayers hundreds of thousands of dollars. All equipment was fully functional and assigned for Redlands Police Department use.

The City is required to annually execute the attached agreement with the State Redlands Regular meeting of 12-19-23 62 of 1429
The City is required to annually execute the attached agreement with the State of California as part of this program. The State Plan of Operations (SPO) Agreement is entered into between the State of California and the Chief Law Enforcement Official of the Law Enforcement Agency (LEA), to set forth the terms and conditions which will be binding on the parties with respect to excess Department of Defense (DOD) property which has been transferred pursuant to Title 10 USC 2576a. The agreement is meant to promote the efficient and expeditious transfer of property, as well as ensure accountability of all transferred property. This program requires an agreement between the State and recipient agency as a condition of receipt of the DOD property.

In February 2023, City Council approved an addendum that amends the existing State Plan of Operation (dated February 2021) between the State and the Redlands Police Department (LEA) and is herein referred to as the SPO Addendum. The SPO Addendum implements requirements found within Presidential Executive Order (EO) 14074 (Section 12), signed on May 25, 2022.

In accordance with current SPO-Paragraph 17, notice is being provided of a unilateral change to the SPO. Unless the Department takes immediate action to terminate the current SPO, the modifications or amendments will become binding. This new addendum is the same as the previous, but requires the signature of the new Chief of Police.

ALTERNATIVES:

Do not approve the State Plan of Operation and addendum between the State and the Redlands Police Department.

STRATEGIC PLAN:

Not applicable
SUBMITTED BY:

Rachel Tolber, Police Chief
RECOMMENDED BY:

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

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

Stephen Crane, Deputy Chief
Redlands Regular meeting of 12-19-23 63 of 1429
Fiscal Impact
Fiscal Year: 2023/2024
Revenue Generating: N
Appropriation Required Y/N: N
Budgeted Y/N: Y
Discussion:

Attachments
2023 Participation App
SPO Addendum
Staff report - Agenda item 4369
Staff report - Agenda item 4525
Redlands Regular meeting of 12-19-23 64 of 1429
California LESO (1033) Program Certification Package
Introduction
California Law Enforcement Agencies (LEAs) that wish to acquire and/or retain property acquired through the LESO Program (previously known as 1033 and/or 1208 Federal Excess Property Program) must be certified and currently authorized, through the State Coordinator’s Office and the Federal Law Enforcement Support Office (LESO), to use the LESO Program.

Note 1: Required program training can be found at the LESO Learning Center page:
http://www.dla.mil/DispositionServices/LawEnforcement.aspx Note 2: LESO requires that each application include the agency’s ORI Number, physical address of your agency's headquarters and the address recorded in National Crime Information Center (NCIC). The nine (9) digit ORI, NCIC address and naming convention is used by LESO in the vetting process to ensure that each requesting LEA is a bona fide Law Enforcement Agency.

We have designed this certification package to ease the paperwork process, reduce duplication of effort, and to reduce common errors. Following this introduction, you will find the following elements of the Certification Package, in order:

We have designed this certification package to ease the paperwork process, reduce duplication of effort, and to reduce common errors. Following this introduction, you will find the following elements of the Certification Package, in order:

A. Data Sheet – Enter agency specific information in the fields provided. As you enter data into this input mask, each certification form requiring that piece of information will populate automatically.

B. Application – The application allows Seven (7) screeners. Please use the exact title/rank of your screeners and use their full names (what is on their driver’s license). If your agency does not have "Part-time" officers, please put a 0 in the box.

C. Certification Forms – Populated from the Input Mask.

1. The LESO Law Enforcement Agency Application for Participation.

2. The CPSPP State Plan of Operation (SPO).

Program approval allows specified personnel of the LEA (authorized screeners) to access, request, and acquire excess property through the LESO Excess Property Program. Screeners must be employees of the LEA; no Mayors, Fire Chiefs, or City Employees.

Authorization to use the LESO Excess Property Program is valid for one year unless the Chief Law Enforcement Officer (CLEO) of the LEA changes.

Electronic signature is authorized but not required.

When making personnel or other administrative data changes, please contact us to determine which document(s) your agency will need to submit.

DATA SHEET
*** Please do not include personal cell phone numbers as documents may be made available to the public.***
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California LESO (1033) Program Certification Package

AGENCY INFORMATION
ORI Number
DoDAAC:

Agency Name:

Agency Phone number:

Physical Address:

NCIC Address/ P.O. Box:

City:

County:

State:

Zip:

Number of Full-Time Compensated Officers
Number of Part-Time Compensated Officers

AGENCY PERSONNEL
Chief Law Enforcement Official
The Chief Law Enforcement Official is the Sheriff, Chief of Police, District Attorney, etc.

Title:

First Name:

Last Name:

Office Phone Number:

Work Cell Number:

E-mail Address:

Property Accountability Officer (PAO) / Screener #1
The Property Accountability Officer position was created in California to be the main point of contact between your agency and State Coordinator’s Office. This will also be screener #1. The LEA Employee assigned to this position must: 1 - be very familiar with the State Plan of Operation (SPO), 2 - be registered, able to access, and utilize the Federal Excess Property Management System (FEPMIS) as needed, and 3 - provide administrative oversight of your agency’s program use and LESO Program files. This person may also actively screen property.

Title:

First Name:

Last Name:

Office Phone Number:

Work Cell Number:

E-mail Address:

Additional Screeners
Additional Screeners must be paid employees of the LEA. Screeners are selected by the agency’s Chief Law Enforcement Official to search for and acquire federal excess property. In California, a minimum of two (2) screeners is required.

Individual registration in the following web based applications is required by each screener in order to access and request available property.

AMPS AMPS: https://amps.dla.mil and RTD RTD: https://businessportal.dla.mil/consent/consent.jsp Commodity Points of Contact (Optional)
Each Commodity Point of Contact must be a paid employee of the LEA and listed as a screener. It is recommended that the commodity POC have comprehensive knowledge regarding the specific commodity and their LEA’s use of that commodity.

Individual(s) assigned to these positions must: 1 - be familiar with the State Plan of Operation (SPO) and 2 - assist the PAO as needed regarding property accountability, registration paperwork, and program compliance concerning their commodity.

Redlands Regular meeting of 12-19-23 66 of 1429
California LESO (1033) Program Certification Package
Do not include personal cell phone numbers as documents may be made available to the public*** Screener #2: Aircraft POC Small Arms POC Vehicle POC
Title:

First Name:

Last Name:

Office Phone Number:

Work Cell Number:

E-mail Address:

Screener #3: Aircraft POC Small Arms POC Vehicle POC
Title:

First Name:

Last Name:

Office Phone Number:

Work Cell Number:

E-mail Address:

Screener #4: Aircraft POC Small Arms POC Vehicle POC
Title:

First Name:

Last Name:

Office Phone Number:

Work Cell Number:

E-mail Address:

Screener #5: Aircraft POC Small Arms POC Vehicle POC
Title:

First Name:

Last Name:

Office Phone Number:

Work Cell Number:

E-mail Address:

Screener #6: Aircraft POC Small Arms POC Vehicle POC
Title:

First Name:

Last Name:

Office Phone Number:

Work Cell Number:

E-mail Address:

Screener #7: Aircraft POC Small Arms POC Vehicle POC
Title:

First Name:

Last Name:

Office Phone Number:

Work Cell Number:

E-mail Address:

Redlands Regular meeting of 12-19-23 67 of 1429

DISPOSITION SERVICES
74 WASHINGTON AVENUE NORTH
BATTLE CREEK, MICHIGAN 49037-3092 CLEAR FORM
Law Enforcement Support Office (LESO)
Application for Participation/ Authorized Screeners Letter (This form is for State/Local Law Enforcement Agencies (LEA) only) *Indicates Required Fields SECTION 1:
*Agency Name: Originating Agency Identifier (ORI) #:lhpplicable) '-------=====
* Agency Physical Address: *City:

I *NCIC p .0. Box or Address (if di
fferent than above i.e., terminal location) *State: D *Zip Code:
*Phone II: *Email: Note: Email is needed for automated system notlflcations.

Ag ency MUST have at lea st 1 full-time officer to participate in the progr am. Indicate the nu mber of compens ated *F ll-t' officers with arrest and apprehens ion authority. Pa rt-time field MUST be filled in: N/A, O or - is accepta ble. · I u ime . ..... ----'
*Part-time:
....
! __ �
RTD Screener - RTD Screeners MUST be employed by the aforementioned LEA. Individuals identified below may request access to act as an authorized "RTD Screener" on behalf of this Law Enforcement Agency. Agency MUST have at least 1 RTD Screener. Enter "XXXXX" or "N/ A" into all screener fields not used. *Ill *Official Title/ Rank
*Email
#2 *Official Title/ Rank
*Email
113 *Official Title/ Rank
*Email
114 *Official Title/ Rank
*Email
115 *Official Title/ Rank
*Email
116 *Official Title/ Rank
*Email
117 *Official Title/ Rank
*Email
· *First Name
*First Name
*First Name
*First Name
*First Name
*First Name
*First Name
• Phone Number
*Phone Number
*Phone Number
*Phone Number
*Phone Number
*Phone Number
*Phone Number

*Last Name
POC (Aircra ft/Small Arms/Vehicle)
*Last Name
POC (Aircraft/Small Arms/Vehicle)
*Last Name
POC (Aircraft/Small Arms/Vehicle)
*Last Name
POC (Aircraft/Small Arms/Vehicle)
*Last Name
POC (Aircraft/Small Arms/Vehicle)
*Last Name
POC (Aircraft/Small Arms/Vehi cle)
*Last Name
POC (Aircraft/Small Arms/Vehicle)
Redlands Regular meeting of 12-19-23
Version:
68 of
November
1429
2022
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Law Enforcement Support Program Page 1 of 15 State Plan of Operations Version-February 2021
State Plan of Operation (SPO) between:

The State of California
and the
(State/United States Territory)
____________________________________________________
Law Enforcement Agency (LEA)
1) PURPOSE This State Plan of Operation (SPO) is entered into between the State/United States (U.S.) Territory and Law Enforcement Agency (as identified above), to set forth the terms and conditions which will be binding on the parties with respect to Department of Defense (DoD) excess personal property conditionally transferred pursuant to 10 USC § 2576a, in order to promote the efficient, expeditious transfer of property and to ensure accountability of the same.
2) AUTHORITY The Secretary of Defense (SECDEF) is authorized by 10 USC § 2576a to transfer to Federal and State Law Enforcement Agencies (LEAs), personal property that is excess to the needs of the DoD, including small arms and ammunition, that the Secretary determines is suitable to be used by such agencies in law enforcement activities, with preferences for counter-drug/counter-terrorism, disaster-related emergency preparedness or border security activities, under such terms prescribed by the Secretary. The SECDEF has delegated program management authority to the DLA. The DLA Disp Svcs LESO administers the program in accordance with (IAW) 10 USC § 2576a, 10 USC § 280, DoDM 4160.21 and DLAI 4140.11. The DLA defines “law enforcement activities” as activities performed by governmental agencies whose primary function is the enforcement of applicable federal, State, and local laws and whose compensated law enforcement officers have powers of arrest and apprehension. 3) GENERAL TERMS AND CONDITIONS “DoD excess personal property” also known as “items”, “equipment”, “program property”, or “property”. “DLA Disposition Services Law Enforcement Support Office” also known as “1033 Program”, “LESO Program”, “the program”, or “LESO”. “State or U.S. Territory” also known as “the State”, “State Coordinator (SC)”, “State Point of Contact (SPOC)”, or “SC/SPOC”. “Law Enforcement Activities” also known as “agencies in law enforcement activities”, “Law Enforcement Agency (LEA)”, “program participant”, or “State/LEA”.
a) Property made available under this agreement is not for personal use and is for the use of authorized program participants only. All requests for property shall be based on bona fide law enforcement requirements. Authorized participants who receive property from the program will not loan, donate, or otherwise provide property to other groups or entities (i.e., public works, county garage, schools, etc.) that are not otherwise authorized to participate in the program. Property will not be obtained by program participants for the purpose of sale, lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan. To receive such property, on an annual basis the LEA shall certify that they have:
i) Obtained authorization of the relevant local governing body authority (i.e., city council, mayor, etc.).
ii) Adopted publicly available protocols for the appropriate use of controlled property, the supervision, and the evaluation of the effectiveness of such use, including auditing and accountability policies.

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Law Enforcement Support Program Page 2 of 15 State Plan of Operations

Version-February 2021
iii) Annual training in place and provides it to relevant personnel on the maintenance, sustainment, and appropriate use of controlled property, including respect for the rights of citizens under the Constitution of the U.S. and de-escalation of force. b) All costs associated with the transportation, turn-in, transfer, repair, maintenance, insurance, disposal, repossession or other expenses related to property are the sole responsibility of the State/LEA. The State/LEA shall also be responsible to reimburse the U.S Government (USG) for costs incurred in retrieving and/or repossessing property impermissibly transferred by the State/LEA to unauthorized participants. c) The State/LEA will maintain and enforce regulations designed to impose adequate security and accountability measures for controlled property to mitigate the risk of loss or theft of property. Program participants shall implement controls to ensure property made available under this agreement is used for official law enforcement use only. The State/LEA shall take appropriate administrative and/or disciplinary action against individuals that violate provisions of the Memorandum of Agreement (MOA) between the Federal Government and the State/U.S. Territory and/or this SPO, including unauthorized use of property.
d) All property transferred to the State/LEA via the program is on an as-is, where-is basis. e) LESO reserves the right to recall property issued to a State/LEA at any time. f) General use of definitions/terms:
i) Demilitarization (DEMIL code)-a code assigned to DoD property that indicates the degree of required physical destruction, identifies items requiring specialized capabilities or procedures, and identifies items which do not require DEMIL but may require Trade Security Controls (TSC). Program participants are not authorized to conduct physical demilitarization of property.
ii) “Controlled property”-items with a DEMIL code of B, C, D, E, F, G, and Q (with an Integrity Code of “3”. Title and ownership of controlled property remains with the DoD in perpetuity and will not be relinquished to the State/LEA. When a State/LEA no longer has a legitimate law enforcement use for controlled property, they shall notify the LESO and the property will be transferred to another program participating State/LEA (via standard transfer process) or returned to DLA Disp Svcs for disposition. iii) “Non-controlled" property”-items with a DEMIL code of A or Q (with an Integrity Code of “6”). These items are conditionally transferred to the State/LEA and will remain on State/LEA accountable inventory for one year from the ship date. However, after one year from the ship date, DLA will relinquish ownership and title for the property to the State/LEA without issuance of further documentation. During this one year period, the State/LEA remains responsible for the accountability and physical control of the property and the LESO retains the right to recall the property. Participants should return any property in this one year period that becomes excess to their needs or they otherwise determine is not serviceable.

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Law Enforcement Support Program Page 3 of 15 State Plan of Operations

Version-February 2021
(1) The LEA receives title and ownership of DEMIL “A” and “Q6” property as governmental entities. Title and ownership of this property does not pass from DoD to any private individual or State/LEA official in their private capacity. Such property shall be maintained and ultimately disposed of IAW provisions in State and local laws that govern public property.
(2) Sales/gifting of DEMIL“A” and “Q6” property after one year from the ship date inconsistent with State/local law may constitute grounds to deny future participation in the program.
(3) After one year from ship date, DEMIL “A” and “Q6” property may be transferred, cannibalized for usable parts, sold, donated, or scrapped. (4) Once the property is no longer on the LEA accountable inventory, the property is no longer subject to the annual physical inventory requirements and will not be inventoried during a LESO Program Compliance Review (PCR). g) All physical transfers of property require LESO approval. Program participants will not physically transfer property until the LESO approval process is complete. Program participants may request their SC/SPOC approval to temporarily conditionally loan property to another program participant (if mission requires). If the SC/SPOC approves the temporary conditional loan, it shall be done using an acceptable Equipment Custody Receipt (ECR).

At the end of the temporary conditional loan, the item (s) shall be returned to the original LEA for accountability. All requests for conditional loans will be based on bona fide law enforcement requirements.
h) The program may authorize digital signatures on required program documentation. i) The State/LEA is not required to maintain insurance on controlled property, aircraft or other property with special handling requirements that remain titled to DoD. However, the State/LEA will be advised that if they elect to carry insurance and the insured property is on the program inventory at the time of loss or damage, the recipient will submit a check made payable to DLA for insurance proceeds received in excess of their actual costs of acquiring and rehabilitating the property prior to its loss, damage, or destruction. 4) STATE PLAN OF OPERATION The State shall:
a) Assist in training LEAs with enrollment, property requests, transfers, turn-ins, and disposal procedures.
b) Adhere to the requirements outlined in the MOA between the Federal Government and the State/U.S. Territory and ensure MOA amendments or modifications are incorporated into this SPO and program participants are notified and acknowledge responsibility to comply with changes.
c) Submit a SPO to LESO that shall address procedures for determining LEA eligibility, allocation, equitable distribution of property, accountability, inventory, training, and education, State-level internal PCRs, export control requirements, procedures for turn-in, transfer, and disposal and other responsibilities concerning property.

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Law Enforcement Support Program Page 4 of 15 State Plan of Operations Version-February 2021
d) Enter into written agreement with each LEA, via the LESO-approved SPO, to ensure program participants acknowledge the terms, conditions, and limitations applicable to property. This SPO must be signed by the current Chief Law Enforcement Official (CLEO) (or designee) and the current SC/SPOC.
e) Provide program participants the following information:
i) The LESO Program State POCs:

State Coordinator (SC): Jodi Lopez, 916-845-8307,
[email protected]
State Point of Contact (SPOC): Janice Barnes, 916-845-8699, [email protected]
State Point of Contact (SPOC): Jenny Beutler, 916-845-8708, [email protected]
State Point of Contact (SPOC): Jacqlynn Fields, 916-845-8668, [email protected]
State Point of Contact (SPOC): Katie Massaglia, 916-845-8732, [email protected]
ii) SC/SPOC Facility Information:

Physical Mailing Address: 3650 Schriever Avenue, Mather, CA 95655 Hours of Operation: 0700-1600
iii) Funding to administer the LESO Program at the State-level is provided via: State of California
5) PROPERTY ACCOUNTING SYSTEM The State will maintain access to Federal Excess Property Management Information System (FEPMIS) (or current property accounting system), to ensure LEAs maintain property books, to include, but not limited to, transfers, turn-ins, and disposal requests from an LEA or to generate these requests at the State-level and forward all approvals to the LESO for action. The State will:
a) Conduct quarterly reconciliations of State property records. b) Ensure at least one person per LEA maintains access to the property accounting system.

Users may be “active” or “inactive” in the system, so long as they are registered. Ensure registered users are employees of the State/LEA.
c) Ensure LEAs receive and account for property in the property accounting system within 30 days.

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Law Enforcement Support Program Page 5 of 15 State Plan of Operations

Version-February 2021
6) LESO WEBSITE The State shall access the LESO website for timely and accurate guidance, information, and links concerning the program and ensure that all relevant information is passed to the program participants.
7) ANNUAL TRAINING 10 USC § 280 provides that the SECDEF, in cooperation with the U.S.

Attorney General, shall conduct an annual briefing of law enforcement personnel of each State (including law enforcement personnel of the political subdivisions of each State).

Individuals who wish to attend are responsible for funding their own travel expenses. The briefing will include information on training, technical support, equipment, and facilities that are available to civilian law enforcement personnel from the DoD. The state shall provide program participants training material as discussed during the annual LESO training which includes information on property management best practices to include (but not limited to) searching for property, accounting for property on inventory, transfer and turn-in of property when it is no longer needed or serviceable.
8) ENROLLMENT The LESO shall establish and implement program eligibility criteria IAW 10 USC § 2576a, DLA Instructions and Manuals and this SPO and retains final approval/disapproval authority for application packages forwarded by the State. Non-governmental law enforcement entities such as private railroad police, private security, private academies, correctional departments, prisons, or security police at private schools/colleges are not eligible to participate. Fire departments (by definition) are not eligible to participate and should be referred to the DLA Fire Fighter program administered by USDA. Law enforcement agencies requesting program participation shall have at least one full-time law enforcement officer. Program property may only be issued to full-time/part-time law enforcement officers.

Non-compensated reserve officers are not authorized to receive property. State law enforcement training facilities/ academies may be authorized to participate in the program given their primary function is the training of bona fide State/local law enforcement officers.

Law enforcement training facilities/academies will be reviewed on a case-by-case basis. The State shall:
a) Validate the authenticity of state/LEAs that are applying for program participation.

Only submit to the LESO those application packages that the SC/SPOC recommends/certifies are government agencies whose primary function is the enforcement of applicable federal, State, and local laws and whose compensated officers have the powers of arrest and apprehension. If the State forwards an unauthorized participant application package, this may result in a formal suspension of the State. b) Have sole discretion to disapprove state/LEA application packages in their State. The SC/SPOC should provide notification to the LESO when application packages are disapproved at the State-level.
c) Ensure that screeners listed in the application package are employees of the LEA. A screener may only screen property for two LEAs. Contractors may not conduct screening on behalf of a LEA.
d) Make recommendation on what constitutes a “full-time” or “part-time” law enforcement officer.

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Law Enforcement Support Program Page 6 of 15 State Plan of Operations

Version-February 2021
e) Ensure LEAs update their account information annually, or as needed. This may require the LEA to submit an updated application package. An updated application package shall be submitted for (but is not limited to) the following: a change in CLEO, the addition or removal of a screener, a change in the LEA physical address or contact information, etc.
f) Provide the LEA a comprehensive program overview once approved by the LESO for enrollment. The overview will be done within 90-days of a LEA being approved to participate.
9) PROPERTY ALLOCATION
a) The LESO shall:
i) Upon receipt of a SC/SPOC validated request for property through the RTD website, will review and give preference to requisitions indicating that the requested property will be used in the counter-drug, counter-terrorism, disaster-related emergency preparedness, or border security activities of the requesting LEA. Program participants that request vehicles used for disaster-related emergency preparedness, such as highwater rescue vehicles, should receive the highest preference. ii) Require additional justification for small arms, aircraft, ammunition, and vehicles and to the greatest extent possible, ensure fair and equitable distribution of property based on current LEA inventory and justification for property. iii) Reserve the right to determine and/or adjust allocation limits, to include the type, quantity and location of property allocated to the State/LEA. Generally, no more than one item (per part-time/full-time officer) will be allocated. Quantity exceptions may be granted by the LESO on a case-by-case basis based on the justification provided by the LEA. Currently, the following allocation limits apply:
(1) Robots: one (of each type) for every ten officers (full-time/part-time). (2) High Mobility Multipurpose Wheeled Vehicle (HMMWV)/Up-Armored HMMWV (UAH): one vehicle for every three officers (full-time/part-time). (3) Mine Resistant Ambush Protected (MRAP) / Armored Vehicles: two vehicles per LEA.
(4) Small arms: one (of each type) per officer (full-time/part-time).

Small Arms Acceptable
Over-Allocations
# of Officers # by type
1-10 2 or less
11-25 3 or less
26-100 5 or less
101-299 8 or less
300 or more 10 or less
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(a) LESO may authorize over allocations of small arms in preparation for inevitable scenarios, i.e. training, equipment downtime (damage, routine maintenance, inspections) or other law enforcement needs. The chart below is the standard for small arms acceptable over-allocations:
(b)In instances where small arm allocation amounts exceed the “acceptable over-allocation” levels, the LESO will coordinate with States to verify accuracy of the officer count. If small arm allocation is still beyond acceptable levels, LESO may authorize one of the following: 1) an exception to policy, 2) a transfer, or 3) a turn-in.
b) The State shall:
i) Assist the LEA in the use of electronic screening of property via the RTD website and shall access the RTD website a minimum of once daily (Monday-Friday) to review and process LEA requests for property. Property justifications shall be validated to ensure they meet the intent of 10 USC § 2576a as suitable for use by agencies in law enforcement activities. Prior to approving a request or transfer, review the LEAs property allocation report to prevent over allocation.
ii) Upon receipt of a valid LEA request for property, provide a recommendation to the LESO on the preference to be given to those requisitions for property that will be used in counter-drug, counter-terrorism, disaster-related emergency preparedness or border security activities of the recipient agency. Requests for vehicles used for disaster-related emergency preparedness, such as high-water rescue vehicles, should receive the highest preference. The State shall consider the fair and equitable distribution of property based on current LEA inventory and LEA justifications for property. The State shall ensure the type and quantity of property being requested by LEAs is reasonable and justifiable given the number of officers (full-time/part-time) and prior requisitions for similar items they have received (both controlled and non-controlled property).

Generally, no more than one of any item per officer (full-time/part-time) will be allocated.
10) PROPERTY MANAGEMENT Certain controlled equipment shall have a documented chain of custody (i.e. an acceptable ECR), including a signature of the recipient. Controlled property requiring an ECR: small arms (including parts and accessories), aircraft, vehicles, optics, and robots. It is encouraged to utilize ECRs for all controlled property. LEAs may request cannibalization on aircraft or vehicles. Cannibalization requests shall be submitted to the State for review. Cannibalization must be approved by the LESO prior to any cannibalization actions.

The cannibalized end item shall be returned to DLA Disp Svcs within the timeframes determined by the LESO.
a) Aircraft-Aircraft will not be obtained by LEAs for the purpose of sale, lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan and shall be reported to the LESO at the end of their useful life. All aircraft are considered controlled property, regardless of DEMIL code. Aircraft that are no longer needed or serviceable shall be reported to the General Services Administration (GSA) for final disposition by the LESO Program Aircraft Specialist.

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b) Vehicles-Program participants that request vehicles used for disaster-related emergency preparedness, such as high-water rescue vehicles, should receive the highest preference. Vehicles will not be obtained by LEAs for the purpose of sale, lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan and vehicles that are considered controlled property will be returned to DLA Disp Svcs at the end of their useful life. DLA Disp Svcs Field Activity/Site will identify qualifying DEMIL A or Q6 vehicles and may issue (upon LEA request) a Standard Form (SF) SF-97 to the LEA upon physical transfer of the vehicle. The LEA may modify the vehicle during the one year conditional transfer period. c) Ammunition-LESO will support the U.S. Army (USA), in allocating ammunition to program participants. Ammunition obtained via the program will be for training use only. At the time of request, the LEA will certify in writing that the ammunition will be used for training use/purposes only. The USA will issue approved transfers directly to the State/LEA. The State/LEA is responsible for funding all packing, crating, handling, and shipping costs for ammunition. The LEA will make reimbursements directly to the USA. Ammunition will not be obtained by LEAs for the purpose of sale, lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan. Ammunition obtained via the program shall not be sold.

Ammunition will be treated as a consumable item and not tracked in any DLA inventory system or inspected during PCRs. LESO shall track and maintain necessary records of ammunition that has been transferred to LEAs and will post all requests, approvals, and denials on the LESO public website.
d) Small arms:
i) Small arms will not be obtained by LEAs for the purpose of sale, lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan and shall be returned to DLA Disp Svcs at the end of their useful life. Cannibalization of small arms is not authorized. ii) Temporary modifications to small arms are authorized; permanent modifications to small arms are not authorized (i.e. drilling holes in the lower receiver of a small arm). In cases of temporary modifications, all parts are to be retained and accounted for in a secured location under the original serial number for the small arm until final disposition is determined. If the modified small arm is transferred to another LEA, all parts will accompany the small arm to the receiving LEA.
iii) Small arms will be issued utilizing an acceptable ECR which obtains certain information about the property being issued to include (but is not limited to) the signature of the law enforcement officer who is accepting responsibility for the small arm(s), the serial number of the small arm, the date in which the law enforcement officer took possession of the small arm, etc.
iv) Small arms that are not carried on an officer’s person or in the officer’s immediate physical vicinity will be secured using “two levels of physical security”. Two levels of physical security meaning two distinct lockable barriers, each specifically designed to render a small arm inaccessible and unusable to unauthorized persons. Lockable barriers meeting this description may be either manual or electronic.

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v) Program participants no longer requiring program small arm(s) shall request authorization to transfer the small arm to another participating LEA or request authorization to turn-in/return the small arm. Transfers and turn-in requests shall receive final approval from the LESO; small arms will not physically move until the LESO provides official notification that the approval process is complete. When turning-in small arms to Anniston Army Depot, the LEA shall follow LESO turn-in guidance. vi) Local destruction (DEMIL) of small arms is not authorized. vii) Lost, Stolen or Destroyed (LSD) small arms:
(1) Program participants with multiple instances of LSD small arms in a five-year window will be assessed by DLA Disp Svcs to determine if a systemic problem exists IAW DLAI 4140.11.
(2) DLA OIG investigations may be initiated if small arms are improperly disposed of or become LSD while in program inventory. The State/LEA may be required to reimburse DLA the fair market value of the small arms when negligence, willful misconduct, or a violation of the MOA between the Federal Government and the State/U.S. Territory and/or this SPO is confirmed at the conclusion of the Financial Liability Investigation of Property Loss (FLIPL).
(a) Reimbursement will be within 60-days of the completion of the FLIPL. (b) Title will never transfer to the recipient regardless of the status of the small arm.
(c) Payments due to DLA Disp Svcs, based upon the findings of the FLIPL, may be paid by one of three methods: 1) credit card via pay.gov, 2) cashier/ business check, or 3) wire transfer.
(3) In instances of LSD small arm recovery, DoD retains title in perpetuity and the small arm shall be immediately relinquished/surrendered back to the program. 11) PROGRAM COMPLIANCE REVIEWS (PCR)
a) The LESO shall:
i) Conduct PCRs to ensure that the SC/SPOC, and all LEAs within a State are compliant with the terms and conditions of the program as required by 10 USC § 2576a, the MOA between the Federal Government and the State/U.S. Territory and/or this SPO and any DLA Instructions and manuals regarding the program. PCRs are conducted to ensure property accountability, program compliance, and program eligibility. ii) Conduct PCRs for participating States every 2 years, providing training to the State/LEA as needed.
iii) Reserve the right to conduct no notice PCRs, or require an annual review, or similar inspection, on a more frequent basis for any State/LEA.

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iv) Intend to physically inventory 100% of property selected for review at each LEA during a PCR. The use of ECRs in lieu of physical inspection is discouraged during PCRs.

Extensive use of the ECR (without prior coordination with LESO) may result in a noncompliance finding during the PCR. v) Intend to review as much property as possible during a PCR. (1) The goal is to review 20% of a State’s overall small arms inventory. (2) The goal for inventory selections (at LEAs selected for review) is 15% of an LEAs general property to include non-controlled property (DEMIL code A and Q6). vi) Select LEAs not visited during the last three regularly scheduled PCR cycles (as applicable).
vii) Recommend corrective actions (which may include suspending a State/LEA from program participation) for findings of non-compliance identified during a PCR. (1) The LESO shall issue corrective actions (with suspense dates) to the State, which will identify what is needed to rectify the identified deficiencies within the State/LEA. (2) If the State/LEA fails to correct identified deficiencies within the LESO suspense dates, the LESO may move to restrict, suspend, or terminate the State/LEA from program participation.
(3) States found non-compliant for a PCR will be suspended for a minimum of 60- days and will not be reinstated until the State successfully passes a LESO-conducted PCR.
viii) Ensure the State/LEA understand that property shall be transferred to a participating agency with SC/SPOC and LESO approval or returned to DLA Disp Svcs when no longer needed or serviceable.
b) The State shall:
i) Assist the LESO as required, prior to, during and upon completion of the PCR. ii) Assist in the coordination of the PCR daily schedule of events and forward the schedule to LEAs that have been selected for review.
iii) Contact LEAs that have been selected for the PCR via phone, email or in person to ensure they are aware of the schedule and are prepared for the PCR. iv) Receive inventory selections from the LESO and forward them to the selected LEAs.

The State shall ensure the LEA physically gathers the selected property in a central location (to the greatest extent possible) which will allow the LESO to physically inventory the property efficiently during the PCR.
v) Coordinate the use of any ECR with the LESO prior to the PCR.

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vi) Ensure LEAs understand property shall be transferred to a participating agency with SC and LESO approval or returned to DLA Disp Svcs when deemed no longer needed or serviceable.
vii) Conduct State-level (internal) PCRs of participating LEAs to ensure property accountability, program compliance and program eligibility utilizing a PCR checklist provided by the LESO, or equivalent (for uniformity purposes). (1) Ensure a State-level (internal) PCR of at least 8% of LEAs with program inventory is completed annually (3% of which will be focused on program participants with no controlled property). Results of the State-level (internal) PCR will be kept on-file with the State. Documentation shall be provided to the LESO for each LEA that received a State-level PCR.
(2) The State-level (internal) PCR will include, at minimum:
(a) A review of the dually-signed SPO, ensuring it is uploaded to the property accounting system.
(b) A review of the LEA application package to confirm authenticity and eligibility of the LEA.
(c) An inventory of property selected for review at each LEA. (d) A review of each selected LEA files for any of the following which may include turn-in/transfer DD Form 1348-1A, ECR, small arm documentation, FLIPL documents, exception to policy letters, approved cannibalization requests, or other pertinent documentation as required.
(3) Request that the LESO restrict, suspend or terminate an LEA based on findings during State-level internal PCR or due to non-compliance with terms of the MOA between the Federal Government and the State/U.S. Territory and/or this SPO, DLA Instruction/Manual or any statute or regulation regarding the program. (4) Notify the LESO and initiate an investigation into any questionable activity or action involving property issued to a LEA that comes to the attention of the State and is otherwise within the authority of the Governor/State to investigate. Upon conclusion of any such investigation, take appropriate action and/or make appropriate recommendations on restriction, suspension, or termination of the State/LEA to the LESO. The SC may suspend or terminate a State/LEA participation in the program at any time for non-compliance.
12) ANNUAL PHYSICAL INVENTORY Each State/LEA is required to conduct an annual physical inventory of all property on the active property book and provide certification in the property accounting system. DEMIL “A” and “Q6” property records will not be closed during the annual physical inventory period. In the State of California, the annual physical inventory and certification in the property accounting system process starts on July 1st and must be completed by September 30th each year. Each LEA shall complete their Annual Physical Inventory no later than August 31st each year. Our office will then complete the LESO Federal requirement by certifying the State No later than September 30th.

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The State shall:
a) Provide training to LEAs to properly conduct the annual physical inventory and complete the certification of property in the property accounting system. b) Ensure an approved and current SPO is uploaded in the property accounting system for each LEA.
c) Validate the annual physical inventory certifications submitted by LEAs. d) Adhere to annual physical inventory certification requirements as identified by the LESO. Physical inventories and certification statements will be maintained on file IAW the DLA records schedule.
e) Annually certify property is utilized and is within allocation limits IAW the MOA between the Federal Government and the State/U.S. Territory and this SPO . f) Recommend suspension of program participants who fail to complete or submit the certified annual physical inventory.
13) REPORTING LOST, STOLEN, OR DESTROYED (LSD) PROPERTY Any property identified as LSD on a LEA current inventory, shall be reported to the State/LESO. A FLIPL (aka the DD Form 200) shall be submitted to the State/LESO for LSD property. Program participants agree to cooperate with investigations into LSD property by any federal, state, or local investigative body and, when requested, assist with recovery of LSD property. a) LSD controlled property shall be reported to the State/LESO within 24-hours. Program participants may be required to provide their SC/SPOC additional documentation which may include (but is not limited to):
1) Comprehensive police report, 2) NCIC report/entry, and 3) Contact information for the Civilian Governing Body (CGB) over the LEA involved, to include: Title, Name, Email, and mailing address.
b) LSD property with a DEMIL code of “A” and “Q6” shall be reported to the State/LESO within 7-days.
14) RESTRICTION, SUSPENSION OR TERMINATION Program participants are required to abide by the terms and conditions of the MOA between the Federal Government and the State/U.S.

Territory and this SPO in order to maintain active program participation status. If a State/LEA fails to comply with any term or condition of the MOA, SPO, DLA Instruction or Manual, federal statute or regulation, the State/LEA may be suspended, terminated, or placed on restricted status. Restriction, suspension, or termination notifications will be in writing and will identify remedial measures required for reinstatement (if applicable). Suspension-A specified period in which an entire State/LEA is prohibited from requesting or receiving additional property through the program. Additional requirements may be implemented, to include the State/LEA requirement to return specifically identified controlled property. Suspensions will be for a minimum of 60-days. Termination-The removal of a State/LEA from program participation. The terminated State/LEA shall transfer or turn-in all controlled property previously received through the program at the expense of the State/LEA involved. Restricted Status-A specified period in which a State/LEA is restricted from receiving an item or commodity due to isolated issues with the identified item or commodity. Restricted status may also include restricting a State/LEA from all controlled property.

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a) State termination-The SC/SPOC will coordinate with LESO to identify a realistic timeframe to complete the transfer or turn-in of all property. The LESO retains final authority to determine timeframe requirements.
b) LEA termination-The SC/SPOC will coordinate with LESO to identify a realistic timeframe to complete the transfer or turn-in of all property. The LESO retains final authority to determine timeframe requirements.
c) In the event of a termination, the State/LEA will make every attempt to transfer the property of the terminated State/LEA to an authorized State/LEA, as applicable, prior to requesting a turn-in of the property to DLA Disp Svcs. In cases that require a repossession or turn-in of property, the State/LEA will bear all expenses related to the repossession, turn-in or transfer of property to DLA Disp Svcs.
d) The State shall:
i) Suspend LEAs for a minimum of 60-days in all situations relating to the suspected or actual abuse of property or requirements and/or repeated non-compliance related to the terms and conditions of this SPO. Suspension may lead to termination. The State shall also issue corrective action guidance to the LEA with suspense dates to rectify issues and/or discrepancies that caused the restriction, suspension, or termination. The State shall require the LEA to submit results on completed police investigations and/or reports on LSD property to include the LEA CAP. The LESO retains final discretion on reinstatement requests. Reinstatement to full participation from a restriction, suspension or termination is not automatic.
ii) Initiate corrective action to rectify suspensions or terminations of the LEA for noncompliance to the terms and conditions of the program. The State shall also make contact (until resolved) with suspended LEAs to ensure corrective actions are rectified within required timeframes provided by the LESO.
iii) Require the LEA to complete and submit results on completed police investigations or reports regarding LSD property. The State will submit all documentation to LESO upon receipt.
iv) Provide documentation to LESO when actionable items are rectified for the State/LEA.
v) Request that the LESO suspend or terminate an LEA based upon their findings during State-level internal PCR or due to non-compliance with any term of this SPO, DLA Instruction/Manual or any statute or regulation regarding the program. vi) Notify the LESO and initiate an investigation into any questionable activity or action involving property issued to an LEA that comes to the attention of the State and is otherwise within the authority of the Governor/State to investigate. Upon conclusion of any such investigation, take appropriate action and/or make appropriate recommendations on restriction, suspension, or termination of the LEA to the LESO. The SC may revoke or terminate concurrence for LEA participation in the program at any time.

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vii) Provide written request to the LESO for reinstatement of an LEA for full participation status at the conclusion of a restriction or suspension period. Written verification shall be provided that the SC/SPOC has validated the LEA CAP.
15) RECORDS MANAGEMENT The LESO, SC/SPOC, and LEAs participating in the program will maintain program records IAW the DLA records schedule. Records for property acquired through the program have retention controls based on the DEMIL code. Property records will be filed, retained, and destroyed IAW DLA records schedule. Records may include, but are not limited to: DD Form 1348-1A for transfers, turn-ins, requisitions, Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) Forms 5 and 10.
16) TRADE SECURITY CONTROL (TSC) and COMPLIANCE WITH EXPORT CONTROL REGULATIONS Items transferred to program participants, including DEMIL A and Q (with an Integrity Code of 6) property, may be subject to export control restrictions. Program participants shall comply with U.S. export control laws and regulations if they contemplate further transfers of any property. Once title transfers, LEAs should consult with the Department of State (DoS) and Department of Commerce (DoC) export control regulators about the type of export controls that may apply to items, regardless of DEMIL code. Program participants may request a formal Commodity Classification from the DoC, Bureau of Industry and Security (BIS), or submit a general correspondence request to the DoS, Directorate of Defense Trade Controls.

Information on managing exports of CCL items can be found at the U.S. DoC Bureau of Industry and Security website. Program participants shall notify all subsequent purchasers or transferees, in writing, of their responsibility to comply with U.S. export control laws and regulations.
17) NOTICES Any notices, communications, or correspondence related to this SPO shall be provided by email, the U.S. Postal Service (USPS), express service, or facsimile to the appropriate DLA office. The LESO may (from time to time) make unilateral modifications or amendments to the provisions of the MOA between the Federal Government and the State/U.S. Territory and/or this SPO. Notice of these changes will be provided to the State in writing. Unless the State takes immediate action to terminate the MOA between the Federal Government and the State/U.S. Territory and/or this SPO, such modifications or amendments will become binding. In such cases, reasonable opportunity will (insofar as practicable) be afforded the State/LEA to conform to changes affecting their operations. 18) ANTI-DISCRIMINATION By signing or accepting property, the State/LEA pledges agreement to comply with provisions of the national policies prohibiting discrimination: 1) On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.) as implemented by DoD regulations 32 CR Part 195, 2)On the basis of age, in the Age Discrimination Act of 1975 (42 USC 6101, et seq) as implemented by Department of Health and Human Services regulations in 45 CFR Part 90 and 3) On the basis of handicap, in Section 504 of the Rehabilitation Act of 1973, P.L. 93-112, as amended by the Rehabilitation Act Amendments of 1974, P.L. 93-516 (29 USC 794), as implemented by Department of Justice (DoJ) regulations in 28 CFR Part 41 and DoD regulations at 32 CFR Part 56. These elements are the minimum essential ingredients for establishment of a satisfactory business agreement between the State and the DoD.

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19) INDEMNIFICATION CLAUSE The State/LEA is required to maintain adequate liability insurance to cover damages or injuries to persons or property relating to the use of property issued under the program. Self-insurance by the State/LEA is considered acceptable.

The USG assumes no liability for damages or injuries to any person(s) or property arising from the use of property issued under the program. It is recognized that State and local law generally limit or preclude the State/LEA from agreeing to open ended indemnity provisions.

However, to the extent permitted by State and local laws, the State/LEA shall indemnify and hold the USG harmless from any and all actions, claims, debts, demands, judgments, liabilities, cost, and attorney’s fees arising out of, claimed on account of, or in any manner predicated upon loss of, or damage to property and injuries, illness or disabilities to, or death of any and all persons whatsoever, including members of the general public, or to the property of any legal or political entity including States, local and interstate bodies, in any manner caused by or contributed to by the State/LEA, its agents, servants, employees, or any person subject to its control while the property is in the possession of, used by, or subject to the control of the State/LEA, its agents, servants, or employees after the property has been removed from USG control.
20) TERMINATION This SPO may be terminated by either party, provided the other party receives a thirty (30) day notice (in writing) or as otherwise stipulated by Public Law. The undersigned SC hereby agrees to comply with all provisions set forth herein and acknowledges that any violation of the terms and conditions of this SPO may be grounds for immediate termination and possible legal consequences, to include pursuit of criminal prosecution if so warranted.
21) AGREEMENT OF PARTIES The parties below agree to enter this agreement as of the last date below:

Chief Law Enforcement Official (CLEO) (or designee):
____________________________________________
Title (Print): _______________________________________________________________________________ Full Name (Print):
__________________________________________________________________________ Signature (Sign): _________________________________________ Date (MM/DD/YYYY): ______________
-----------------------------------------------For State Point of Contact-------------------------------------------------- State Coordinator (SC) or State Point of Contact (SPOC), State of California Full Name (Print):
__________________________________________________________________________ Signature (Sign): _________________________________________ Date (MM/DD/YYYY): ______________
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DEFENSE LOGISTICS AGENCY

DISPOSITION SERVICES
74 WASHINGTON AVENUE NORTH
BATTLE CREEK, MICHIGAN 49037-3092

GPL August 15, 2022

MEMORANDUM FOR LAW ENFORCEMENT SUPPORT OFFICE (LESO) PROGRAM

PARTICIPATING LAW ENFORCEMENT AGENCY (LEA)
SUBJECT: Addendum to LESO Program State Plan of Operation (SPO) This addendum amends the existing State Plan of Operation (dated February 2021) between the State and Law Enforcement Agency (LEA) and is herein referred to as the SPO Addendum. The SPO Addendum implements requirements found within Presidential Executive Order (EO) 14074 (Section 12), signed on May 25, 2022. In accordance with current SPO-Paragraph 17, notice is being provided of a unilateral change to the SPO. Unless an LEA takes immediate action to terminate the current SPO, the modifications or amendments will become binding.
1) ROLES AND RESPONSIBILITIES The State Shall:
a) Ensure each LESO Program participating Law Enforcement Agency (LEA) has signed the LESOapproved SPO Addendum no later than January 1, 2023. The SPO Addendum will be signed by the Chief Law Enforcement Official (CLEO) (or assigned designee) and the current State Coordinator (SC) (or authorized State Point of Contact [SPOC]).
b) Provide LESO with a comprehensive list of LEAs who do not sign the SPO Addendum by January 1, 2023. LESO will restrict the LEA to ensure LEA may not request or receive “controlled” property as defined within this addendum.
2) MODIFICATION TO DEFINITION OF “CONTROLLED” PROPERTY This SPO Addendum adds the below items to the “controlled” property definitions currently found in the 2021 SPO. These items are added pursuant to EO 14074 which reestablishes EO 13688. In 2017, the Law Enforcement Equipment Working Group (established by EO 13688), further added, deleted and refined the definitions of “controlled” items in their annual equipment list review. Provisions within the 2021 MOA applicable to “controlled” property apply to the items listed below (regardless of DEMIL and/or DEMIL Integrity Code).

Title and ownership of the “controlled” property listed below remains with the DoD in perpetuity and will not be relinquished to the LEA (regardless of DEMIL and/or Integrity Code). The LESO retains final authority to determine what items qualify as “controlled” property. The below items listed in Section 1.2 of Law Enforcement Equipment Working Group (LEEWG) Recommendations (as modified in 2017), will be managed and issued as controlled property unless other restrictions or conditions are noted:
a) Manned Aircraft, Fixed Wing: Powered aircraft with a crew aboard, such as airplanes, that use a fixed wing for lift. (Note: These items were previously listed as controlled in LESO Program. Any aircraft without commercial application are prohibited). b) Manned Aircraft Rotary Wing: Powered aircraft with a crew aboard, such as helicopters, that use a rotary wing for lift. (Note: These items were previously listed as controlled in LESO Program. Any aircraft without commercial application are prohibited).

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c) Unmanned Aerial Vehicles: A remotely piloted powered aircraft without a crew onboard. (Note: These items are not currently issued in the LESO Program). d) Armored Vehicles, Wheeled: Any wheeled vehicle either purpose‐built or modified to provide ballistic protection to its occupants, such as a Mine‐Resistant Ambush Protected (MRAP) vehicle or an Armored Personnel Carrier (APC). These vehicles are sometimes used by law enforcement personnel involved in dangerous operating conditions, including active shooter or similar high‐threat situations.

These vehicles often have weapon‐firing ports. (Note: These vehicles were previously considered controlled due to DEMIL code and are now prohibited unless certification requirements in Section 3 are met).
e) Tactical Vehicles, Wheeled: A vehicle purpose‐built to operate on‐ and off‐ road in support of military operations,such as a High Mobility Multi-purpose Wheeled Vehicle (HMMWV), 2.5‐ton truck, 5‐ton truck, or a vehicle with a breaching or entry apparatus attached. These vehicles are sometimes used by law enforcement in rough terrain or inclement weather for search and rescue operations, as well as other law enforcement functions. This excludes commercially available vehicles not tactical in nature, such as pick-up trucks or SUVs. (Note 1: This is LEEWG modified definition from 2017. Note 2: All tactical vehicles will now be considered controlled, and title will not pass. Note 3: Armored vehicles in this category will be considered prohibited unless certification requirements in Section 3 are met).
f)Command and Control Vehicles: Any wheeled vehicle either purpose-built or modified to facilitate the operational control and direction of public safety units responding to an incident. Command and control vehicles provide a variety of capabilities to incident Commander, including, but not limited to, the provision for enhanced communications and other situational awareness capabilities. Command and Control Vehicles are similar to a recreational vehicle and can accommodate multiple people at multiple workstations in the command center. This category does not include SUVs and is not intended for other types of vehicles that could serve as a command-and-control center. (Note 1: This is the LEEWG modified definition from 2017. Note 2: Armored vehicles in this category will be considered prohibited unless certification requirements in Section 3 are met). g) Specialized Firearms and Ammunition Under .50‐Caliber (excludes firearms and ammunition designed for regularly assigned duties) and less lethal launchers: Weapons and corresponding ammunition for specialized operations or assignment. This includes launchers specifically designed and built to launch less lethal projectiles. This excludes weapons such as service issued handguns, rifles or shotguns that are issued or approved by the agency to be used by all sworn officers/deputies during the course of regularly assigned duties. (Note 1: This is the LEEWG modified definition from 2017. Note 2: The LESO Program only issues weapons under .50 caliber that are designed for regularly assigned duties).
h) Explosives and Pyrotechnics: Includes “flash bangs” as well as explosive breaching tools often used by special operations units. (Note: These items were previously prohibited in the LESO Program and are now specifically prohibited in EO 14074).
i) Breaching Apparatus: Tools designed to provide rapid entry into a building or through a secured doorway. These tools may be mechanical in nature (a battering ram connected to a vehicle or a propellant), ballistic (slugs), or explosive. This category does not include dual purpose tools such as a sledgehammer or bolt cutter. (Note: This is the LEEWG modified definition from 2017). j) Riot/Crowd Control Batons: Non-expandable of greater length (more than 24 inches) than serviceissued types and are intended to protect its wielder during crowd control situations by providing distance from assailants. This category includes all batons with advanced features such as tear gas discharge, electronic or “stun” capabilities. (Note: This is the LEEWG modified definition from 2017).

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k) Riot Helmets: Helmets designed to protect the wearer’s face and head from injury during melees from projectiles including rocks, bricks, liquids, etc. Riot helmets include a visor which protects the face. (Note 1: The LEEWG removed these items from the controlled list in 2017. Note 2: LESO does not issue Kevlar helmets based on DoD policy).
l) Riot/Crowd Control Shields: Shields intended to protect wielders from their head to their knees in crowd control situations. Most are designed for the protection of the user from projectiles including rocks, bricks, and liquids. Some afford limited ballistic protection as well. (Note: This is the LEEWG modified definition from 2017).
3) PROHIBITED ITEMS THAT MAY BE ISSUED FOR LIMITED PURPOSES EO 14074 lists the below items as “prohibited” for issue under the LESO Program; however identifies specific authorized uses for these “prohibited” items if requested, utilized and annually certified as being used only in authorized manners. When utilized in an authorized manner (as indicated in the below example descriptions), the items are categorized as “controlled” property.
a) Long Range Acoustic Devices (LRAD) that do not have commercial application- LRADs are capable of directing sound over great distances at extreme volume in more geographical precision than an ordinary speaker. Certain LRAD capabilities which are aimed at dispersing individuals or groups as a kinetic use-of-force shall not be used. Examples of LRAD capabilities that shall not be used include (but are not limited to) attention commanding alert tones, powerful warning tones and/or deterrent tones.
i) Authorized uses- LRADs may only be utilized as a public address system for commercial purposes. Any other use is not authorized.
ii) Annual Certification Requirements- During the LESO Program annual inventory, LEAs with LRADs must certify that the LRAD is utilized exclusively as a public address system for commercial purposes. An LEAs signature on the SPO Addendum agreeing to these new terms will serve as initial certification.
iii) LEAs that do not have a current SPO Addendum on file by January 1, 2023 or who fail to annually certify the LRAD is being used in an authorized manner must return LRAD(s) to DLA Disposition Services.
b) Vehicles that do not have commercial application- This includes all tracked and armored vehicles, such as a Mine‐Resistant Ambush Protected (MRAP), Armored Personnel Carrier (APC), or Armored HMMWV. (Note: This category excludes vehicles with commercial application, such as pick-up trucks, non-armored HMMWVs, 2.5‐ton trucks, 5‐ton trucks, or SUVs. The LESO Program identifies/defines vehicles with “commercial application” as items with a DEMIL Code of “A” or DEMIL “Q” (with an Integrity Code of 6) that may be sold to the general public under DoD sales programs).
i) Authorized uses- EO 14074 allows limited transfer of vehicles that do not have commercial application if the LEA certifies that the vehicle will be used exclusively for disaster-related emergencies; active shooter scenarios; hostage or other search and rescue operations; or antiterrorism preparedness, protection, prevention, response, recovery, or relief. Any other use of these vehicles is not authorized.
ii) Annual Certification Requirements- During the LESO Program annual inventory, LEAs with these vehicles must certify that the vehicle(s) is utilized exclusively for disaster-related emergencies; active shooter scenarios; hostage or other search and rescue operations; or antiterrorism preparedness, protection, prevention, response, recovery, or relief. An LEAs signature on the SPO Addendum agreeing to these new terms will serve as initial certification.

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iii) LEAs that do not have a current SPO Addendum on file by January 1, 2023 or who fail to annually certify that the vehicle(s) use is exclusively for disaster-related emergencies; active shooter scenarios; hostage or other search and rescue operations; or anti-terrorism preparedness, protection, prevention, response, recovery, or relief must return vehicle(s) to DLA Disposition Services.
4) ACQUIRING (OR RETAINING) CONTROLLED PROPERTY The State shall:
a) Review, verify and only submit to LESO for approval, requests for controlled property by LEAs who have current SPO and SPO Addendum on file with the state. b) Ensure LEAs return controlled property to DLA Disposition Services if the Department of Justice (DOJ) determines or a Federal, State, Tribal, local, or territorial court enters a final judgment finding that the LEA has engaged in a pattern or practice of civil rights violations. c) Ensure that prior to requesting/acquiring any controlled property, the LEAs:
i) Provide written or electronic notification to the local community of its intent to request controlled property. The notification must be translated into appropriate languages to inform individuals with limited English proficiency. The LESO Program would recommend that LEAs provide a notice of intent to request controlled property to the local community on or before January 1, 2023 and at the beginning of each fiscal year (October 1st) thereafter. This notification should include a comprehensive list of any controlled property that may be requested throughout the year. If this notice of intent does not include a specific controlled property item, such item may not be requested in the LESO Program until 30-days after an updated notice is published. ii) Provide written or electronic notification to the city council or appropriate local Civilian Governing Body (CGB) of its intent to request controlled property and allow “reasonable opportunity to review” (normally 30-days). The LESO Program would recommend that LEAs provide a notice of intent to the CGB on or before January 1, 2023 and at the beginning of each fiscal year (October 1st) thereafter. This notification should include a comprehensive list of any controlled property that may be requested throughout the year. If this notice of intent does not include a specific controlled property item, such item may not be requested in the LESO Program until 30-days after an updated notice is published. Requests for controlled property must comport with all applicable approval requirements of the CGB.
(1) The above requirement includes elected Sheriff’s who also shall notify their CGB or city or county government within their jurisdiction.
(2) In cases of disagreement between requesting LEAs and CGB, the Governor appointed LESO Program State Coordinator (SC) will obtain an advisory opinion from the States Attorney General’s Office on whether CGBs are authorized by state law to deny the request.
iii) Campus LEAs operating in Institutions of Higher Education (IHE)- LEAs operating in IHEs otherwise referred to as “Campus Police” or “Campus LEAs” must also adhere to the requirements identified below:
(1) Obtain the IHE Board of Governors (or an equivalent body) explicit approval for the acquisition of controlled property. Such approval must be evidenced in the Campus LEAs request submitted to the LESO Program. Silence or inaction by the Campus LEAs Board of Governors does not constitute evidence of approval, and the “reasonable opportunity to review” (normally 30-days) standard does not apply to Campus LEA applications.

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(2) Certify that their policies and training include specific provisions on using controlled property in a way that does not chill speech, is not disruptive to the educational environment, and does not foster a hostile climate among students. (3) Campus LEAs who receive controlled vehicles are required to remove the militaristic appearance (i.e., painting the vehicle a different color). 5) REGIONAL SHARING AGREEMENTS LESO Program participants who are part of a regional sharing agreement must also adhere to the following requirements. LEAs shall:
a) Provide information regarding the size of the region, including the number and size of the LEA with access to the requested controlled property and the estimated population served. b) Ensure any controlled property providing support in a regional sharing agreement is utilized in accordance with the LESO Program SPO and this SPO Addendum. c) Ensure that only LESO Program participants within the regional sharing agreement utilize the controlled property. Agencies/activities who are not LESO Program participants may not utilize or direct the use of controlled property obtained via the LESO Program. d) Obtain SC/SPOC approval to temporarily conditionally loan property to another LESO Program participant within the regional sharing agreement (if mission requires). If the SC/SPOC approves the temporary conditional loan, it shall be done using an acceptable Equipment Custody Receipt (ECR).

At the end of the temporary conditional loan, the item (s) shall be returned to the original LEA for accountability. All requests for conditional loans will be based on bona fide law enforcement requirements.
i) The LESO Program participant with controlled property on their inventory must certify that the other LESO Program participant in the regional sharing agreement requesting the property under a conditional loan:
(1) Has adopted requisite protocols (in Section 6 below) or will adopt those protocols before their personnel use the controlled property,
(2) Have provided requisite training (in Section 7 below) or will provide that training before their personnel use the controlled property, and (3)Will adhere to the information collection and retention requirements (in Section 8 below).
ii) The LEA conditionally loaning the controlled property will remain accountable to the LESO Program to ensure the above provisions are met.
6) POLICIES/PROCEDURES LEAs must establish policies/procedures that are consistent with the standards listed below, in order to request or maintain controlled property. LEAs must:
a) Adopt and comply with general policing standards.
i) Community Policing- LEA policies/procedures should reflect the concept that trust and mutual respect between police and the communities they serve are critical to public safety. Community policing fosters relationships between law enforcement and the local community which promotes public confidence in LEAs therefore increasing LEA ability to investigate crimes and keep the peace.

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ii) Constitutional Policing- LEA policies/procedures must emphasize that all police work should be carried out in a manner consistent with the requirements of the U.S. Constitution and federal law. Policies/procedures must include First, Fourth, and Fourteenth Amendment principles in law enforcement activity, as well as compliance with Federal and State civil rights laws. LEA certified law enforcement officers receive training on the rights embodied by such Constitutional Amendments and how these amendments inform policing policies/procedures. iii) Community Input and Impact- LEA policies/procedures must identify mechanisms that LEAs will use to engage the communities they serve to inform them and seek their input about LEAs actions, role in, and relationships with the community. LEAs should make particular efforts to seek the input of communities where controlled property is likely to be used so as to mitigate the effect that such use may have on public confidence in the police. This could be achieved through the LEAsregular interactions with the public through community forums, town halls, or meetings with the Chief, or community outreach divisions.
b) Adopt and comply with controlled property standards. i) Appropriate Use of Controlled Property- LEA policies/procedures must define appropriate use of controlled property; officers who are authorized to use controlled property must be trained on these policies/procedures. LEAs should examine scenarios in which controlled property will likely be deployed, the decision‐making processes that will determine whether controlled property is used, and the potential that both use and misuse of controlled property could create fear and distrust in the community. Policies/procedures should consider whether measures can be taken to mitigate that effect (i.e., keep armored vehicles at a staging area until needed) and any alternatives to the use of such property and tactics to minimize negative effects on the community, while preserving officer safety.
ii) Supervision of Use- LEA policies/procedures must specify appropriate supervision of personnel operating or utilizing controlled property. Supervision must be tailored to the type of controlled property being used and the nature of the engagement or operation during which the property will be used. Policies/procedures must describe when a supervisor of appropriate authority is required to be present and actively overseeing the property being used. iii) Effectiveness Evaluation- LEA policies/procedures must articulate that the LEA will regularly monitor and evaluate the effectiveness and value of controlled property to determine whether continued deployment and use is warranted on operational, tactical, and technical grounds. LEAs should routinely review after‐action reports and analyze any data on, for example, how often controlled property is used or whether controlled property is used more frequently in certain law enforcement operations or in particular locations or neighborhoods. iv) Auditing and Accountability- LEA must establish policies/procedures that are designed to prevent misuse, unauthorized use and/or loss of controlled property. LEA will hold personnel accountable to agree and comply with State, local, Tribal and Federal controlled property use policies/procedures.
v) Transparency and Notice- LEA policies/procedures must articulate that LEA will engage the community regarding controlled property, policies/procedures governing its use, and review of “significant incidents” (as defined in Section 8), with the understanding that there are reasonable limitations on disclosures of certain information and law enforcement sensitive operations and procedures.

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c) Must adopt and comply with record‐keeping requirements for controlled property. i) Upon LESO request, LEAs must provide a copy of the general policing standards and specific controlled property standards that were adopted, to include any related policies/procedures. ii) Record‐Keeping Requirement- LEAs must retain comprehensive training records, either in the personnel file of the officer who was trained or by the LEAs training division or equivalent entity, for a period of at least three (3) years, and must provide a copy of these records, upon LESO request.
7) TRAINING LEAs that request or have acquired controlled property via the LESO Program must establish written policies/procedures for controlled property use, and all personnel who are authorized to use the controlled property will be trained on these policies/procedures. LEAs must:
a) Provide annual training on general policing standards to personnel who may use the controlled property.
b) Provide annual training on property standards to personnel who may use the controlled property. c) Provide controlled property operational and technical training to personnel and ensure personnel are proficient prior to using controlled property.
d) Provide scenario‐based training to personnel that combines constitutional and community policing principles with controlled property specific training. LEA personnel authorizing or directing the use of controlled property should have enhanced scenario‐based training to examine, deliberate, and review the circumstances in which controlled property should or should not be used. 8) DOCUMENTATION REQUIRED FOR “SIGNIFICANT INCIDENTS” LEAs must collect and retain the information (described below) when any law enforcement activity involves a “Significant Incident” which requires (or results in) the use of controlled property on the LEAs inventory. A “Significant Incident” is defined as any law enforcement operation or action that involves: 1) a violent encounter among civilians or between civilians and the police, 2) a use‐of‐force that causes death or serious bodily injury, 3) a demonstration or other public exercise of First Amendment rights, or 4) an event that draws, or could be reasonably expected to draw, a large number of attendees or participants, such as those where advanced planning is needed. LEAs must:
a) Collect and retain documentation for controlled property used in a “Significant Incident” for a minimum of three (3) years after the incident has occurred. The LEA must provide documentation to LESO upon request.
i) Documentation should also be made available to the community the LEA serves in accordance with applicable policies/procedures with exemptions made concerning the disclosure of any sensitive information.
b) No new report or format is required for “Significant Incident” reports so long as information is easily accessible and organized. The required information may already exist in a police report, operations plan, officer daily log, incident report, after-action report or described in a use‐of‐force report. If required information (annotated below) is contained in a pre-existing reports, the LEA must simply ensure that the report includes information that controlled property was used. Required information is listed below:
i) Name and quantity of controlled property used, including relevant details such as make/model/serial number of controlled property used.

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ii) Description of the LEA action/operation involving the controlled property. iii) Identification of LEA personnel who used and directed the use of the controlled property. iv) Identify or describe civilians who were the subject or target of LEA action/operation. For large crowds or multiple persons, the LEA must provide general description of the civilians (i.e., a crowd of approximately 250 people).
v) Result of the action/operation in which controlled property was used (i.e., arrests, citations, injuries or fatalities, use‐of‐force, victim extraction, or property damage). 9) ANNUAL CERTIFICATIONS By signing the SPO Addendum, the LEA agrees to the below certification statements. In addition, the LEA must annually certify compliance with the below certification statements during the Annual LESO Program Inventory. LEAs must:
a) Certify they have authorization from their CGB to participate in the LESO Program. b) Certify they have provided their CGB and local community a comprehensive list of controlled property that may be requested through the LESO Program. i) Notification may be made electronically or in writing and must be translated into appropriate languages to inform individuals with limited English proficiency. It is recommended this notification be done on an annual basis.
ii) If controlled property is not identified in the comprehensive list provided to the CGB and local community, an updated notification to CGB and local community must be made. The CGB and local community will be afforded 30-days to review what additional items are being requested. c) Certify the request for controlled property comports/complies with all applicable approval requirements of the CGB.
d) Certify they have adopted and comply with controlled property standards (i.e., appropriate use, supervision of use, effectiveness evaluation, auditing/accountability of use, transparency/notice of use, and record-keeping requirements.
e) Certify they have provided annual training to personnel on the maintenance, sustainment, and appropriate use of controlled property, including respect for the rights of citizens under the Constitution of the United States and de-escalation of force.
f) (LEAs with LRADs) Certify that the LRAD is utilized exclusively as a public address system for commercial purposes.
g) Certify that controlled property vehicle(s) are utilized exclusively for disaster-related emergencies; active shooter scenarios; hostage or other search and rescue operations; or anti-terrorism preparedness, protection, prevention, response, recovery, or relief.
h) Certify that controlled property requiring a license (or other authorization), is only utilized by personnel who hold license (or other authorization) to operate such property. i) Certify that controlled property will be returned to DLA Disposition Services when no longer needed. j) Certify that they are abiding by the current LESO Program SPO and SPO Addendum, and maintain a signed copy of these documents on file.

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k) Certify the Application for Participation on-file with LESO Program is current and accurately reflects the number of officers in the agency when fully staffed. (Note: If Application for Participation is not accurate, LEA must provide an updated Application for Participation to State Coordinators Office).
l) Certify they are compliant with LESO Program allocation limits. (Note: Property allocation limits are based on the number of officers at an LEA when fully staffed). m) Certify that they agree to return the controlled property if the Department of Justice (DOJ) determines or a Federal, State, Tribal, local, or territorial court enters a final judgment finding that the LEA has engaged in a pattern or practice of civil rights violations. n) Campus LEAs (as described in Section 4) must also certify that their policies and training include specific provisions on using controlled property in a way that does not chill speech, is not disruptive to the educational environment, and does not foster a hostile climate among students. o) Program participants who are part of a regional sharing agreement (as described in Section 5), must also certify that the other LESO Program participant in the regional sharing agreement requesting the property under a conditional loan: 1) Have adopted requisite protocols in (as described in Section 6) or will adopt those protocols before their personnel use the controlled property, 2) Have provided requisite training (as described in Section 7) or will provide that training before their personnel use the controlled property, and 3) Will adhere to the information collection and retention requirements (as described in Section 8).
10) SAVINGS CLAUSE/INTERPRETATION Nothing in this SPO Addendum shall be construed to impair or otherwise affect the requirements under the existing SPO between the State and LEA (dated February 2021), unless expressly amended herein. To the extent there is a disagreement concerning the interpretation of this SPO Addendum or the extent this SPO Addendum affects requirements under the existing SPO, the disagreement shall be resolved at the exclusive discretion of the LESO Program. 11) AGREEMENTS OF PARTIES By signing this SPO Addendum, the State and LEA acknowledges and accepts these changes. The SPO Addendum must be signed by LEAs no later than January 1, 2023 to remain eligible for LESO Program participation. The changes contained in this SPO Addendum are acknowledged and accepted by the following:

Governor-appointed State Coordinator State of _______________________________________________ Title (Print): __________________________________________________________________________ Name (Print): _________________________________________________________________________ Signature (Sign): _____________________________________ Date MM/DD/YYYY): ______________ Law Enforcement Agency Name: _________________________________________________________ Chief Law Enforcement Official (CLEO) Title (Print): _________________________________________ Name (Print): _________________________________________________________________________ Signature (Sign): _____________________________________ Date MM/DD/YYYY): _____________ California
State Point of Contact (SPOC)
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City Council/Successor Agency Meeting AGENDA ITEM NO. G. 6.

DATE: 11/01/2022
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the State Plan of Operations Agreement between the State of California and the City of Redlands for the use of excess Department of Defense supplies and equipment and authorize the Chief of Police to execute the agreement on behalf of the City (Police Chief Catren)
MOTION(S):

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

I move to approve the State Plan of Operations Agreement between the State of California and the City of Redlands for the use of excess Department of Defense supplies and equipment and authorize the Chief of Police to execute the agreement on behalf of the City.

RECOMMENDATION:

Staff recommends City Council approve the State Plan of Operations Agreement between the State of California and the City of Redlands.

DISCUSSION:

The U.S. Department of Defense Law Enforcement Support Office (LESO) program permits the Secretary of Defense to transfer excess Department of Defense supplies and equipment to local law enforcement agencies for use in their law enforcement duties. This property is procured at no cost to the agency except for any shipping or transportation costs. The City of Redlands received rifles, a Mine-Resistant Ambush Protected (MRAP) vehicle and night vision gear through the LESO program in prior years, saving Redlands taxpayers hundreds of thousands of dollars. All equipment was fully functional and was assigned for Department use.

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The City is required to annually execute the attached agreement with the State of California as part of this program. The State Plan of Operations (SPO) Agreement is entered into between the State of California and the Chief Law Enforcement Official of the Law Enforcement Agency (LEA), to set forth the terms and conditions which will be binding on the parties with respect to excess Department of Defense (DOD) property which has been transferred pursuant to Title 10 USC 2576a. The agreement is meant to promote the efficient and expeditious transfer of property and to ensure accountability of all transferred property. This program requires an agreement between the state and recipient agency as a condition of receipt of the DOD property.

ALTERNATIVES:

Do not approve the State Plan of Operations Agreement between the State of California and the City of Redlands.

STRATEGIC PLAN:

N/A
SUBMITTED BY:

Christopher R. Catren, Chief of Police
RECOMMENDED BY:

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

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

Chay Miller, Executive Assistant
Fiscal Impact
Fiscal Year: 2022-2023
Revenue Generating: No
Appropriation Required Y/N: No
Amount: 0
Budgeted Y/N: No
Account No.: 246200
Redlands Regular meeting of 12-19-23 95 of 1429
Discussion:

Attachments
LESO Agreement
Redlands Regular meeting of 12-19-23 96 of 1429
City Council/Successor Agency Meeting AGENDA ITEM NO. G. 8.

DATE: 02/07/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve an addendum amending the existing State Plan of Operation between the State and the Redlands Police
Department and authorize the Chief of Police to execute the addendum (Police Chief Catren)
MOTION(S):

I move to approve an addendum amending the existing State Plan of Operation between the State and the Redlands Police Department and authorize the Chief of Police to execute the addendum.

RECOMMENDATION:

Staff recommends City Council approve an addendum amending the existing State Plan of Operation between the State and the Redlands Police Department and authorize the Chief of Police to execute the addendum.

DISCUSSION:

This addendum amends the existing State Plan of Operation (dated February 2021) between the State and the Redlands Police Department (LEA) and is herein referred to as the SPO Addendum. The SPO Addendum implements requirements found within Presidential Executive Order (EO) 14074 (Section 12), signed on May 25, 2022. In accordance with current SPO-Paragraph 17, notice is being provided of a unilateral change to the SPO. Unless the Department takes immediate action to terminate the current SPO, the modifications or amendments will become binding.

This addendum addresses:

1. ROLES AND RESPONSIBILITIES

2. MODIFICATION TO DEFINITION OF “CONTROLLED” PROPERTY"

3. PROHIBITED ITEMS THAT MAY BE ISSUED FOR LIMITED PURPOSES Redlands Regular meeting of 12-19-23 97 of 1429

4. ACQUIRING (OR RETAINING) CONTROLLED PROPERTY

5. REGIONAL SHARING AGREEMENTS

6. POLICIES/PROCEDURES

7. TRAINING

8. DOCUMENTATION REQUIRED FOR “SIGNIFICANT INCIDENTS”

9. ANNUAL CERTIFICATIONS

10. SAVINGS CLAUSE/INTERPRETATION

11. AGREEMENTS OF PARTIES
ALTERNATIVES:

Do not approve the addendum amending the existing State Plan of Operation between the State and the Redlands Police Department.

STRATEGIC PLAN:

Not applicable
SUBMITTED BY:

Christopher R. Catren, Chief of Police
RECOMMENDED BY:

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

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

Shayna Walker, Operations Manager
Fiscal Impact
Fiscal Year: 2022-23
Revenue Generating: N
Appropriation Required Y/N: N
Budgeted Y/N: Y
Account No.: 246200
Discussion:

At this time, the Redlands Police Department does not foresee acquiring any Redlands Regular meeting of 12-19-23 98 of 1429
At this time, the Redlands Police Department does not foresee acquiring any property from the program during this year. However, if any expenses are incurred for maintaining past property obtained or if the Redlands Police Department decides to acquire property from the program, the expenses will be paid out of Non-General Fund Asset Forfeiture Account.

Attachments
Addendum to LESO Program State Plan of Operation
Redlands Regular meeting of 12-19-23 99 of 1429
City Council Meeting G. 8.

DATE: 12/19/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Resolution No. 8538 - Annual Report of Development Impact Fees for the Year Ended June 30, 2023, and Adoption of Findings (Management Services/Finance Director Garcia)
MOTION(S):

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

I move to adopt Resolution No. 8538.

RECOMMENDATION:

Staff recommends the City Council adopt Resolution No. 8538 approving the Annual Report of Development Impact Fees for the year ended June 30, 2023, and the findings contained therein.

DISCUSSION:

Government Code Section 66006 requires municipalities imposing impact fees to prepare an annual report that summarizes the revenues and interest income earned and the expenditures made for each category of development impact fees during a given fiscal year. This report was filed with the City Clerk’s Office and available for public review on December 5, 2023. The report must provide the beginning and ending balances of the fiscal year, the amount of fees collected by the City, interest income and any other income earned, a description of how the fees were expended during the subject fiscal year, and any refunds or allocations pursuant to Government Code Section 66001(f). If fees are unexpended or uncommitted for a period of five or more years, the report must include a finding identifying the purpose of the fee and the anticipated improvements to be financed by the fee. If such findings are not made, State law requires that the City refund the unused fees being held.

At June 30, 2023, outstanding loans to be repaid from future development Redlands Regular meeting of 12-19-23 100 of 1429
At June 30, 2023, outstanding loans to be repaid from future development impact fees include: $7,690,541 to the General Fund and $16,090 to the Water Operating Fund. The grand total of these outstanding loans is $7,706,631.

ALTERNATIVES:

Not Applicable
STRATEGIC PLAN:

Not Applicable
SUBMITTED BY:

Danielle Garcia, Management Services/Finance Director
RECOMMENDED BY:

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

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Fiscal Impact
Fiscal Year: FY 2022-23
Discussion:

None. All required findings are included in the report.

Attachments
AB 1600 Annual Report FY 2022-23
Resolution No. 8538 DIF Annual Report FY 2022-23
Public Facilities Fund (251) Summary of Cash Transactions FY 2022-23 Resolution No. 7951 Development Impact Fees Rescinding 7907 Redlands Regular meeting of 12-19-23 101 of 1429
December 19, 2023
The Honorable Mayor, Members of the City Council, and Residents of Redlands Redlands, CA 92373
Subject: Annual Report of Development Impact Fees
Dear Mayor, Members of the City Council, and Residents of Redlands, Pursuant to the Mitigation Fee Act (the “Act”) (Government Code section 66000 et seq.), and specifically section 66006 of the Act, the following report on the receipt, use, and retention of development impact fees for the Fiscal Year 2022-2023 is hereby presented to the City Council for review and approval. Development impact fees are charged by local governments to defray all or a portion of the cost of public facilities related to new development being constructed within the City. The legal requirements for enactment of a Development Impact Fee program are set forth in Government Code §§ 66000- 66025 (the "Mitigation Fee Act"), the bulk of which was adopted as 1987’s Assembly Bill 1600 and thus commonly referred to as “AB 1600 requirements”.

In the City of Redlands, development impact fees may be collected at the time of issuance of a certificate of occupancy or date of final inspection, or earlier as permitted by Government Code section 66000 et seq., for the purpose of mitigating the impacts caused by new development on the City’s infrastructure. Fees are used to finance the acquisition, construction, and improvement of public facilities related to new development projects.

A separate funding structure has been established to account for the impact of new development on each of the following types of public facilities: Open Space, Parks, Public Facilities (including police, fire, community center, library, and general government facilities), Transportation, Water, Non-Potable Water, Solid Waste, and Sewer.

Impact fees collected and spent during Fiscal Year 2022-23 were set by Resolution No. 7951 as approved by the City Council on April 2, 2019, which rescinded Resolution No. 7907. The amount of corresponding fee types, currently established by Resolution No. 7951, is attached hereto. Government Code Section 66006 requires local agencies to submit annual and five-year reports detailing the status of development impact fees, summarizing the revenues, interest income, and expenditures for each category of funds. This report was filed with the City Clerk’s Office and A. K. Smiley Public Library and was available for public review on December 5, 2023.

Respectfully submitted,
Management Services / Finance Staff
City Manager’s Office
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CITY OF REDLANDS – ANNUAL REPORT OF DEVELOPMENT IMPACT FEES (227) Open Space Fund – Redlands Municipal Code Chapter 3.32 establishes an Open Space and Park Development Impact Fee. Twenty-five percent (25%) of this fee is deposited into an Open Space Fund to be used solely for the purpose of acquisition, improvement, preservation, and expansion of open space areas within the City in accordance with the provisions of the recreation, open space, and conservation element of the City’s General Plan. The General plan specifies the policy to preserve open space land in order to protect the visual character of the City, provide for public outdoor recreation, conserve natural resources, support groundwater recharge, and otherwise preserve open space areas.

In the General Plan, specific open space areas in the Planning Area include the “Emerald Necklace” concept, San Timoteo Canyon, the Santa Ana Wash, and Live Oak Canyon. California Govt. Code 65301(a) requires general plan planning areas to include all land within a city or county’s limits, and territory outside its boundaries “which in its judgment bears relation to its planning.” Redlands’ Planning Area encompasses 46 square miles, including all land within the Redlands city limits, the area within the City’s Sphere of Influence (SOI), and an unincorporated island known as the “Donut Hole” that is located in the northwestern portion of the city. Fee amounts are set by Resolution No. 7951.

The following table shows the balances, receipts, and expenditures of the Open Space Fund for the current and last five fiscal years:
2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 Beg. Balance 428,728 505,631 1,508,088 1,622,321 1,746,567 2,156,054 Receipts 78,399 1,003,8811 185,482 126,661 419,0862 107,615 Expenditures (1,496) (1,424) (71,249) (2,416) (9,599) (1,782) Ending Balance 505,631 1,508,088 1,622,321 1,746,567 2,156,054 2,261,887 1 Includes non-DIF revenue of $785,000 deposit of land sale proceeds designated by the City Council for the acquisition of open space and received from the sale of the City’s Mullin grove property. 2Receipts also include a GASB 31 Adjustment.

Receipts include fees of $89,098 and investment income of $18,517.

Expenditures include $1,782 in administrative charges.

Over the last ten years, monies collected in the Open Space Fund, along with grant monies, have been spent on the restoration and acquisition of open space within San Timoteo Canyon, including the San Timoteo Creek Habitat Enhancement Project, the Thompson Property, the Allen property, the Mistretta property and most recently, the Hudson property.

The current cash balance exceeds the cumulative fee collection over the past five years by $588,786, when adjusting for the $785,000 deposit of land sale proceeds as detailed above1. As a result, the City must make “findings” in accordance with the requirements of Government Code Section 66006.

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CITY OF REDLANDS – ANNUAL REPORT OF DEVELOPMENT IMPACT FEES Findings:

Fees deposited into an Open Space Fund are to be used solely for the purpose of acquisition, improvement, preservation, and expansion of open space areas within the City in accordance with the provisions of the recreation, open space, and conservation element of the City’s General Plan. Because development impact fee revenue fluctuates and is difficult to forecast, there is no estimate for anticipated funding sources or amounts to complete the projects listed below. Monies collected into the Open Space Fund, including the existing excess cash, are expected to be used in accordance with the General Plan for the following projects over the next 5 years:

1. Open Space/Citrus Acquisition – the City is committed to retaining and improving the maximum feasible amount of open space property for recreational opportunities, conservation, agricultural uses, and resource protection. In terms of agricultural open space, one of the City’s goals is to increase the City’s acreage of citrus groves to an approximate target of 200 acres. As of FY 2023, the city owns 184 acres.

2. Emerald Necklace – the Emerald Necklace is a conceptual framework for a series of green open spaces and park areas surrounding the city approximately 45 miles in length, joined together with a special scenic road and trail system. The City has identified gaps in the Emerald Necklace and is working collaboratively to prioritize land acquisition or other resource preservation strategies in those areas. Several sites and properties have been purchased under this framework. Additionally, as suitable properties become available for acquisition, the City will evaluate opportunities to purchase the same.

3. Scenic Routes and Trails – The City has several project priorities: develop a linear parkway/recreational corridor centered along San Timoteo Creek and extending throughout the canyon, coordinate with San Bernardino County and the Santa Ana River Conservancy on implementing the objectives of the Santa Ana River Trail Parkway and Open Space Plan, and to complete the Emerald Necklace system of scenic routes and trails, including the Zanja Trail, Santa Ana River Trail, San Timoteo Trail, and other trails linking parks, regional trails, and open space areas.

No refunds of fees, because of the cumulative cash balance in the Open Space fund, are required, and none have been made during Fiscal Year 2022-2023.
(250) Park Development Fund – Park development impact fees are levied for the purpose of acquiring and developing land for parks. The fees are established per the Redlands Municipal Code as noted above for Open Space. Fee amounts are set by Resolution No. 7951. Seventy-five percent (75%) of the Open Space and Parks fees are deposited into the Park Development Fund. The General Plan sets the policy on park development as one aimed towards creating and maintaining a high-quality, diversified park system that enhances Redlands’ unique attributes. The General Plan prescribes the parkland standard of 5 acres per 1,000 residents.

The following table shows the balances, receipts, and expenditures of the Park Development Fund for the current and last five fiscal years:

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CITY OF REDLANDS – ANNUAL REPORT OF DEVELOPMENT IMPACT FEES 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 Beg. Balance 760,793 708,482 477,392 609,313 878,329 2,042,124 Receipts 326,477(1) 1,020,460(2) 454,596 382,923 1,408,479 315,063 Expenditures (378,788) (1,251,551) (322,674) (113,907) (244,684) (321,930) Ending Balance 708,482 477,392 609,313 878,329 2,042,124 2,035,257 (1) Includes miscellaneous revenues/transfers of $101,531 that were received from Nevada Palmetto Grove sales proceeds and community donations to reimburse expenditures for the Skate Park Project design & project-related costs ($16,850 to date).
(2) Includes miscellaneous revenues/transfers of $635,613 that were received from Nevada Palmetto Grove sales proceeds and community donations of $38,723 to fund the construction of the Skate Park.

Impact fee revenue in this category consists of $294,300 in fees and $20,763 in investment income.

Disbursements during Fiscal Year 2022-23 totaled $321,930, including a payment of $64,839 in principle, $37,386 in interest, and $3,658 in fiscal agent fees associated with the State I-Bank loan for the Sports Park. In addition to this loan repayment for the Sports Park, this fund also made a payment of $207,768 for the unexpired portion of the term of the City’s field use agreement with American Youth Soccer Organization (AYSO).

The City and AYSO entered into a Field Use and Youth Soccer Program Agreement for the Redlands Sports Park (“Agreement”) on March 4, 2008. The Agreement provided AYSO sole access to certain City soccer fields throughout the term of the Agreement. In exchange, among other things, AYSO was required to pay to the City a lump sum payment of $500,000, equivalent to $20,000 per year for each year under the 25-year Agreement (“Payment”). The Agreement indicates that these funds were applied toward reimbursing the City for the City’s costs in connection with construction of the fields at the City’s Sports Park, including construction of Sports Park restroom facilities. The Agreement requires the City to reimburse AYSO on a pro-rata basis, with interest, for the portion of the $500,000 representing the unexpired portion of the term of the Agreement, should the City terminate the Agreement early. On December 6, 2022, after providing notice of termination of the Agreement to AYSO, the City authorized reimbursement of $207,768 to AYSO (“Termination Fee”).

This termination fee was designed specifically to reimburse AYSO for its contribution of monies for park facilities that could have been funded with proceeds from the Park Development Impact Fee fund. Pursuant to Sections 3.32.010 and 3.32.050 of the Municipal Code, the Fee may be spent on “costs incurred by the city for acquiring, developing, improving and expanding…parks, playgrounds and recreational facilities…” and to “reimburse the city for expenditures previously made…” Other disbursements included payment of a construction retention of $2,393 for prior year projects involving pickleball court improvements and $5,886 in administrative charges.

No refunds of fees, because of the cumulative cash balance in the Park Development fund, are required, and none have been made during Fiscal Year 2022-2023.

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CITY OF REDLANDS – ANNUAL REPORT OF DEVELOPMENT IMPACT FEES (251) Public Facilities Development Fund - Public Facilities Development Fees have been established per Redlands Municipal Code Chapter 3.60 with the purpose and intent of implementing the Redlands General Plan to ensure that public facilities and related improvements which satisfy City standards are sufficient and keep pace with needs that arise as new development occurs within the City. Fee amounts are set by Resolution No. 7951. Fees are collected from applicants for development projects to construct, improve, and maintain public facilities as identified in the City’s Development Impact Fee Justification Study, dated January 9, 2017.

Police Facilities
The purpose of this fee is to provide a revenue source that will provide funds to acquire vehicles, equipment, and facilities that will mitigate the impacts of new residential and non-residential development on the City’s Police resources. A complete listing of proposed facilities is contained within the City’s Development Impact Fee Justification Study, dated January 9, 2017.

The following table shows the balances, receipts, and expenditures of the Police Facilities Fee for the current and last five fiscal years:
2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 Beg. Balance 422,566 428,533 440,922 464,906 471,706 493,582 Receipts 6,088 12,641 24,474 6,939 22,322 6,090
Expenditures (122) (253) (489) (139) (446) (122)
Ending Balance 428,532 440,922 464,906 471,706 493,582 499,550 Receipts consist of $6,090 in fees. Disbursements include $122 in administrative charges.

The current cash balance exceeds the cumulative fee collection over the past five years by $427,086.

As a result, the City must make a “finding” in accordance with the requirements of Government Code Section 66006.

Findings:

Fees deposited into the Public Facilities Fund – Police Facilities category are to be used solely for costs related to police facilities, vehicles, and equipment. The largest cost, by far, will be the development of a new safety hall facility. The current buildings that house police staff are aged, not ADA-compliant, and represent barriers to effectively managing the department’s resources. As a result, plans have been underway to conceptualize and fund a new Safety Hall. In spring 2022, the City acquired a property at 1625 West Redlands Boulevard to retrofit into a new safety hall facility. The total project to convert this building into a new police facility is estimated to cost somewhere between $40 and 60 million dollars, including construction, commissioning, and furnishing. Impact fees will be used to help fund the retrofit project once it commences and their expenditure will reflect a portion of new development’s share in the cost of the new facility. The City anticipates drawing down the balance of Redlands Regular meeting of 12-19-23 106 of 1429
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CITY OF REDLANDS – ANNUAL REPORT OF DEVELOPMENT IMPACT FEES cash in this fee category in total once capital expenditures start on this project. A timeline for project construction/completion will be established sometime in early 2024.

No refunds are required, and none have been made during Fiscal Year 2022-2023.

Fire Facilities
The purpose of this fee is to establish a revenue source that will provide funds to construct various Fire facilities and acquire equipment and vehicles that will mitigate the impacts of new residential and nonresidential development on the City’s Fire facilities. A complete listing of proposed facilities is contained within the City’s Development Impact Fee Justification Study, dated January 9, 2017.

The following table shows the balances, receipts, and expenditures, including loan activity, of the Fire Facilities Fee for the current and last five fiscal years:
2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 Beg. Balance 13,700 69,271 315,622 399,928 463,557 862,051 Receipts 75,378 251,379 196,707 140,752 427,545 113,486 Expenditures (19,807) (5,028) (112,401) (77,123) (29,051) (2,270) Ending Balance 69,271 315,622 399,928 463,557 862,051 973,267 Receipts consist of $113,486 in fees.

Disbursements include $2,270 in administrative charges.

No refunds are required, and none have been made during Fiscal Year 2022-2023.

Library Facilities
The library facility impact fees were established to provide a revenue source that will generate funds to acquire various library collection items and remodel/refurbish existing facilities that will mitigate the impacts of new residential development on the City’s Library facilities. Planned uses from the proceeds of these fees include the expansion of library collection items as well as the remodeling and refurbishment of existing facilities. Collection items include, but are not limited to, books, periodicals, newspapers, DVDs, e-books, etc.

Previously, impact fees collected for Library Facilities were also used to make contributions towards the annual debt service of the 2003 Lease Revenue Refunding Certificates of Participation (COP). The 2003 COPs refunded prior COPs that were used to finance major improvements to the Library’s facilities. The past fees collected were earmarked to pay debt service on these bonds, which matured in Fiscal Year 2017-2018 and are now designated to repay outstanding loans from the General Fund, as well as loans that were provided by the Storm Drain Construction, and Water funds. Those loans were Redlands Regular meeting of 12-19-23 107 of 1429
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CITY OF REDLANDS – ANNUAL REPORT OF DEVELOPMENT IMPACT FEES incurred during those fiscal years when library impact fee revenues were insufficient to meet the debt service requirements.

The following table shows the balances, receipts, and expenditures, including loan activity, of the Library Facilities Fee for the current and last five fiscal years:
2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 Beg. Balance - - - - - -
Receipts 108,011 26,890 42,926 33,427 133,379 25,616
Expenditures (108,011) (26,890) (42,926) -33,427 (133,379 (25,616) Ending Balance - - - - - -
Receipts consist of $25,616 in fees.

Disbursements include $229 in interest expense on its share of inter-fund loans noted above that were provided during Fiscal Year 2010-2011, $512 in administrative charges, and $24,875 repaid on outstanding loans from the Storm Drain and Water Funds.

As of June 30, 2023, outstanding loans total $3,727,937, with $3,711,847 owed to the General Fund, and $16,090 owed to the Water Fund. During fiscal year 2021-22, the outstanding loan from the Storm Drain Construction Fund in the amount of $58,078 was fully repaid by the Library Facilities category of Fund 251. As noted, these loans occurred when impact fee revenues were insufficient to cover the Library Facilities category 34% share of debt service on the 2003 Lease Revenue Refunding COPs.

Historically, no specific term or interest rate has been established for loans owed to the General Fund, however, when the City Council approved loans from the Storm Drain Construction Fund and Water Funds, they did so with the caveat that as sufficient impact fees become available, the non-General Fund loans would be repaid first, with interest set at the Local Agency Investment Fund (LAIF) annual interest rate. For fiscal year 2022-2023, the interest rate was 2.33%. Because development impact fee revenue fluctuates and is difficult to forecast, there is no estimate for the date on which the remaining outstanding balances of the interfund loans will be repaid.

No refunds of fees are required, and none have been made during Fiscal Year 2022-2023.

General Government Facilities
Impact fees for General Government Facilities were first established with the completion of the impact fee study performed in Fiscal Year 2006-2007 and implemented in August 2007, and the most recent fee justification study is the City’s Development Impact Fee Justification Study dated January 9, 2017.

The purpose of this fee is to establish a revenue source that will provide funds to purchase and install additional IT hardware and construct a government center/safety hall building and public parking facility that will mitigate the impacts of new residential and non-residential development on the City’s general government facilities.

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CITY OF REDLANDS – ANNUAL REPORT OF DEVELOPMENT IMPACT FEES The following table shows the balances, receipts, and expenditures, including loan activity, of the General Government Facilities Fee for the current and last five fiscal years:
2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 Beg. Balance - - 535 - - -
Receipts 197,046 299,241 233,858 159,044 511,327 138,580 Expenditures (197,046) (299,241) (234,392) (159,044) (511,327) (138,580) Ending Balance - - - - - -
Receipts consist of $138,580 in fees.

Disbursements include $138,809 in interest expense on its share of inter-fund loans provided during Fiscal Year 2010-2011 and $2,772 in administrative charges. This year, impact fee revenue was not sufficient to cover the interest accrued in this fee category was not sufficient to cover the interest expense. Therefore, an additional amount of $42,206 will be added to the loan payable, representing unpaid interest expenses accrued during the year. For fiscal year 2022-2023, the interest rate was

2.33%.

As of June 30, 2023, the remaining outstanding loan totals $3,978,694 and is owed to the General Fund.

Previous loans in place from the Open Space Fund (227) and Park Development Fund (250) have been repaid in full. As noted, these loans occurred when impact fee revenues were insufficient to cover the General Government Facilities category 60% share of debt service on the 2003 Lease Revenue Refunding COPs. When the City Council approved loans from the Open Space and Park Development Funds, they did so with the caveat that as sufficient impact fees become available, the non-General Fund loans would be repaid first, with interest set at the annual Local Agency Investment Fund rate.

Although no specific term or interest rate has historically been established for General Fund loans, in Fiscal Year 2010-2011 when non-General fund loans were made and interest approved on these loans at the Local Agency Investment Fund rate, interest was also applied in the same manner to the General Fund loan made in that year. Since that time, $232,033 in interest has been added to the General Fund loan principal balance, including an additional $178,015 that has been added for fiscal year 2022-2023.

For fiscal year 2022-2023, the Local Agency Investment Fund interest rate was 2.33%. Because development impact fee revenue fluctuates and is difficult to forecast, there is no estimate for the date on which this loan from the General Fund will be repaid.

No refunds of fees are required, and none have been made during Fiscal Year 2022-2023.

Community Center Facilities
Community Center Facilities impact fees were established in Fiscal Year 2014-2015 and are collected using a replacement cost per capita for the City’s existing community centers as the basis for the fees.

The fees charged to future residential development are set at a level needed to maintain the existing level of service as the City grows. The purpose of these fee is to collect the proportion of new Redlands Regular meeting of 12-19-23 109 of 1429
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CITY OF REDLANDS – ANNUAL REPORT OF DEVELOPMENT IMPACT FEES development’s share in the cost of adding community center space while maintaining the current ratio of community center asset value to population. The most recent fee justification study is the City’s Development Impact Fee Justification Study, dated January 9, 2017, which contains details of proposed community center facilities.

The following table shows the balances, receipts, and expenditures of the Community Center Facilities Fee for the current and last five fiscal years:
2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 Beg. Balance 67,644 68,208 68,208 68,208 68,208 68,208
Receipts 576 - - 0 - -
Expenditures (12) - - 0 - -
Ending Balance 68,208 68,208 68,208 68,208 68,208 68,208 There were no receipts or disbursements made from this category in fiscal year 2022-2023.

The current cash balance exceeds the cumulative fee collection over the past five years by $67,632. As a result, the City must make a “finding” in accordance with the requirements of Government Code Section 66006.

Findings:

Fees deposited into the Public Facilities Fund – Community Center Facilities category are to be used solely for the purpose of costs related to adding community center space to maintain the current ratio of community center asset value to population.

The largest cost, by far, will involve the construction of a new community center. The cost estimate developed in 2016 to complete the construction of a new community center was $7,488,046 according to the most recent fee justification study - the City’s Development Impact Fee Justification Study, dated January 9, 2017. Timelines for completing this project are difficult to estimate due mainly to the significant costs and the unpredictability of the timing of adequate impact fee revenue.

No refunds are required, and none have been made during Fiscal Year 2022-2023.

At June 30, 2023, the Public Facilities Fund has Advances Payable (Interfund Loans) to Other Funds for loans received as follows:

Advance Payable To:

General Fund $ 7,690,541
Open Space Fund -
Park and Open Space Fund -
Storm Drain Construction Fund -
Water Operating Fund 16,090
Total $ 7,706,631
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CITY OF REDLANDS – ANNUAL REPORT OF DEVELOPMENT IMPACT FEES As noted above, fees collected for Police, Fire, Library, and General Government Facilities have been collected and used to make contributions towards the annual debt service of the 2003 Lease Revenue Refunding Certificates of Participation (COP), which matured during Fiscal Year 2017-2018. The 2003 COPs refunded prior COPs that were used to finance Fire Station #3 (6% of total debt service), as well as Library Facilities (34% of total debt service) and the City Yard (60% of total debt service). In years when the revenue from these fee categories was insufficient to meet debt service obligations, the Public Facilities Fund was loaned amounts from the General Fund, Open Space, Park Development, Storm Drain Construction, and Water Funds. For fiscal year 2022-2023, the interest rate was 2.33%.

Because development impact fee revenue fluctuates and is difficult to forecast, there is no estimate for the date on which each loan will be repaid.

Transportation Fees
During Fiscal Year 2022-2023, Resolution No. 7951 prescribed the methodologies and amounts of Transportation fees. Impact fees in this category are intended to fund transportation improvements, including the following components: interchange improvements, railroad crossing improvements, improvements to regional arterials, and improvements to local streets. The first three components are intended to satisfy the requirement, pursuant to Measure I (2010-2041) and the San Bernardino County Transportation Authority (SBCTA) Congestion Management Plan, that the City assess new development for its fair share of the cost of those improvements. The local street component is based on data provided by the City that represents the full cost of local street improvement projects needed entirely to serve future development. Allocations are established based on a weighted average for each improvement type based on cost. The City’s Development Impact Fee Study, dated January 9, 2017, estimated transportation improvement costs in each component category and allocated them according to the tables below.

Resolution No. 7701, DIF Study Jan. 2017
Fund 252 - Regional Arterial 43%
Fund 252 - RR Crossings 1%
Fund 252 - Local Streets 19%
Fund 253 - Signals 4%
Fund 254 - Interchanges 36%
These development impact fees are utilized in conjunction with revenue generated under the Measure “I” half-cent sales tax to fund regional transportation projects. These fees establish a revenue source that will provide funds to construct various transportation projects that will mitigate the impacts of new development on the City's circulation system. The uses to which the fees are to be put include the funding of new roadways within the City limits.

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CITY OF REDLANDS – ANNUAL REPORT OF DEVELOPMENT IMPACT FEES (252) Arterial Street Construction Fund – This fund includes development fees, as discussed above, for both the regional (SBCTA) and local transportation development fees which, in concert with the Regional Measure “I” sales tax revenue, when needed, are used to construct transportation improvements. Both development impact fees and Measure “I” funds are required to construct the transportation improvement projects. A complete listing of proposed facilities is contained within the City’s Development Impact Fee Justification Study, dated January 9, 2017.

The following table shows the balances, receipts, and expenditures of the Arterial Street Construction Fund for the current and last five fiscal years:
2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 Beg. Balance 3,015,544 3,141,989 3,721,696 3,954,816 3,928,436 4,444,102 Receipts 133,137 592,243 597,315 398,827 528,723 343,623 Expenditures (6,692) (12,536) (364,193) (425,207) (13,058) (148,469) Ending Balance 3,141,989 3,721,696 3,954,816 3,928,436 4,444,102 4,639,255 Impact fee revenue in this category consists of $304,832 in fees and $38,791 in investment income.

Disbursements consist of $14,344 for project management, procurement support, and construction support for the California Street and Redlands Boulevard Widening Project. Another $128,028 was also spent on preliminary & final engineering, drawings and environmental technical studies for the same project. Lastly, the fund was charged $6,097 in administrative charges.

The current cash balance exceeds the cumulative fee collection over the past five years by $2,524,517.

As a result, the City must make “findings” in accordance with the requirements of Government Code Section 66006.

Findings:

Monies collected into the Arterial Street Construction Fund, including the existing excess cash, are based on a detailed breakdown of citywide transportation projects needed to mitigate the impacts of new development through the year 2035. These projects have been approved by the City Council for construction under this program, as a part of Resolution No. 7951 and the Development Impact Fee Study dated January 9, 2017. The project list includes improvements to regional and local arterials with a total estimated cost allocated to new development of $17,801,728.

A complete listing of proposed facilities is contained within the City’s Development Impact Fee Justification Study, dated January 9, 2017.

Below is a partial listing from that study.
• Alabama Street from the northerly City limit to Palmetto Avenue o Estimated Cost - $10,653,000
o New Development Fair Share – 23.1%
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CITY OF REDLANDS – ANNUAL REPORT OF DEVELOPMENT IMPACT FEES • Orange Street from Lugonia Avenue to Interstate 10 freeway o Estimated Cost - $2,960,000
o New Development Fair Share – 23.1%
• San Bernardino Avenue from Church Street to Wabash Avenue o Estimated Cost - $2,744,000
o New Development Fair Share – 23.1%
• Ford Street from 5th Avenue to Interstate 10 freeway
o Estimated Cost - $2,058,000
o New Development Fair Share – 23.1%
Because development impact fee revenue fluctuates and is difficult to forecast, there is no estimate for the date on which the project will be completed. At this time, no other sources of revenue are projected.

No refunds of fees are required, and none have been made during Fiscal Year 2022-2023. (253) Traffic Signals Fund – This fund includes seven percent of the transportation development impact fees collected and is for the purpose of constructing traffic signals and signal improvements.

The following table shows the balances, receipts, and expenditures of the Traffic Signals Fund for the current and last five fiscal years:
2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 Beg. Balance 1,210,815 1,223,302 1,283,765 1,382,585 1,444,989 1,449,748 Receipts 16,708 72,366 99,412 62,910 40,123 33,351
Expenditures (4,221) (11,903) (591) (507) (35,363) (279,963) Ending Balance 1,223,302 1,283,765 1,382,585 1,444,989 1,449,748 1,203,136 Impact fee revenue in this category consists of $18,788 in fees and $14,563 in investment income.

Disbursements consist of $375.76 in administrative charges, $37,792 for engineering and design services for the Cypress Avenue and Cajon Street traffic signal construction project, and $241,796 for the construction in progress related to the University Street and Brockton Avenue traffic signal installation.

The current cash balance exceeds the cumulative fee collection over the past five years by $1,028,041.

As a result, the City must make “findings” in accordance with the requirements of Government Code Section 66006.

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CITY OF REDLANDS – ANNUAL REPORT OF DEVELOPMENT IMPACT FEES Findings:

Monies collected into the Traffic Signals Fund, including the existing excess cash, are based on a detailed breakdown of citywide transportation projects needed to mitigate the impacts of new development through the year 2035. These projects have been approved by the City Council for construction under this program, as a part of Resolution No. 7701 and the Development Impact Fee Study dated January 9, 2017. A complete listing of proposed facilities is contained within the City’s Development Impact Fee Justification Study, dated January 9, 2017.

Below is a partial listing from that study.
• Texas Street and Pioneer Avenue
o Estimated Cost - $350,000
o New Development Fair Share – 32.32%
• University Street and Brockton Avenue
o Estimated Cost - $300,000
o New Development Fair Share – 32.32%
• Intelligent Traffic Management System
o Estimated Cost - $5,400,000
o New Development Fair Share – 23.1%
• Automated Fire/Police Emergency Vehicle Preemption System o Estimated Cost - $150,000
o New Development Fair Share – 32.32%
Because development impact fee revenue fluctuates and is difficult to forecast, there is no estimate for the date on which the project will be completed. At this time, no other sources of revenue are projected.

No refunds of fees are required, and none have been made during Fiscal Year 2022-2023. (254) Freeway Interchange Fund – As discussed above, thirty-six percent of the transportation fees collected are to meet the City’s responsibility for the construction of major freeway interchange improvements on I-10 and one freeway interchange on the I-210 freeway. These projects are funded through the collection of multi-jurisdictional development fees and the collection of regional Measure “I” revenue, under the 2010-2040 Measure “I” voter-approved half-cent sales tax transportation program.

The I-10/University Street Interchange project has been completed as of the close of calendar year 2022. The San Bernardino County Transportation Authority (SBCTA) and the City, in coordination with Caltrans District 8, completed widening on the I-10 westbound on-ramp and I-10 eastbound off-ramp at University Street, as well as restriping on University Street from Citrus Avenue to Central Avenue.

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CITY OF REDLANDS – ANNUAL REPORT OF DEVELOPMENT IMPACT FEES The project is intended to reduce congestion, improve safety, and improve traffic operations along University Street between Citrus Avenue and Central Avenue. The project includes new traffic signals at the I-10 eastbound off-ramp at University Street and the I-10 westbound on-ramp at University Street and street improvements within the project limits including drainage improvements, pavement construction, and landscaping replacement.

In addition to the University I-10 Interchange project, on February 16, 2016, the City entered into a memorandum of understanding (MOU) to commence the alternative Interstate 10 – Alabama Street Interchange project. The project is designed to improve Interstate 10 at the Alabama Street Interchange between Orange Tree Lane and Industrial Park Avenue, with on and off-ramp widening, the addition of turning lanes, new pavement, and striping. As part of the MOU, funding responsibilities for the development of the estimated $10.96 million Project were delineated for the parties involved.

Per SBCTA's 10-Year Delivery Plan and SBCTA's Development Mitigation Nexus Study, the City, SBCTA, and County of San Bernardino have funding responsibilities for the Project. Specifically, SBCTA has

49.5% of the Public Share of funding responsibilities (~$5.26m) for the Project, and the City and County share the remaining 50.5% (~$5.70m) Development Share, with City responsible for 34.9% ~ ($1.99m) and County 65.1% (~$3.71m). In November 2016, City Council approved a Development Mitigation Cooperative Agreement with the County in order to memorialize the financial responsibilities between the City and County for their shared Development Share responsibilities.

In mid to late 2019, SBCTA approached City and County about cost increases identified during the design of the Project. The total project cost has risen from the original estimate of $10.96 million to a new estimate of $15.15 million, a rise of $4.19 million. With this new estimate, City costs for the Project have risen from $1,990,065 million to $2,506,921, an increase of ~$516,856. SBCTA has completed the construction of the project, which began in January 2022 and finished in December 2022.

The following table shows the balances, receipts, and expenditures of the Freeway Interchange Fund for the current and last five fiscal years:
2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 Beg. Balance 2,855,127 2,766,083 2,941,748 3,815,420 3,046,266 1,618,566 Receipts 156,368 559,907 1,293,437 243,103 479,165 2,948,193 Expenditures (245,412) (384,243) (419,765) (1,012,257) (1,906,865) (2,511,366) Ending Balance 2,766,083 2,941,748 3,815,420 3,046,266 1,618,566 2,055,393 Impact fee revenue in this category consists of $181,987 in fees, reimbursement from the County of San Bernardino of $2,697,068 for a share of the portion of construction costs related to the I-10 Alabama Street Project, and $69,138 in investment income.

Disbursements consist of $3,640 in administrative charges. Expenses also included $34,894 that was disbursed in connection with the City’s cooperative cost-sharing agreement for project management Redlands Regular meeting of 12-19-23 115 of 1429
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CITY OF REDLANDS – ANNUAL REPORT OF DEVELOPMENT IMPACT FEES services associated with the I-10 Alabama Street Project. Capital expenditures were also made from this account in the amount of $2,472,832 for the I-10 Alabama Street Freeway Project.

During Fiscal Year 2021-2022, the current cash balance exceeds the cumulative fee collection over the past five years by $769,218. As a result, the City must make “findings” in accordance with the requirements of Government Code Section 66006.

Findings:

Monies collected into the Freeway Interchanges Fund, including the existing excess cash, are based on a detailed breakdown of citywide transportation projects needed to mitigate the impacts of new development through the year 2035. These projects have been approved by the City Council for construction under this program, as a part of Resolution No. 7951 and the Development Impact Fee Study dated January 9, 2017. The project list includes local signal projects with a total estimated cost allocated to new development of $14,668,387. A complete listing of proposed facilities is contained within the City’s Development Impact Fee Justification Study, dated January 9, 2017.

Below is a partial listing from that study.
• I-10 at Mountain View:
o Estimated Cost - $53,214,296
o New Development Fair Share – $784,485 (3.9%)
• I-10 at California
o Estimated Cost - $46,562,380
o New Development Fair Share – $3,249,495 (14.6%)
• I-10 at Wabash
o Estimated Cost - $41,822,810
o New Development Fair Share – $1,871,571 (12.5%)
• I-10 at Live Oak
o Estimated Cost - $19,478,974
o New Development Fair Share – $72,072 (1%)
• I-10 at 5th Street
o Estimated Cost - $8,364,562
o New Development Fair Share – $51,643 (1.4%)
Because development impact fee revenue fluctuates and is difficult to forecast, there is no estimate for the date on which the project will be completed. At this time, no other sources of revenue are projected.

No refunds of fees are required, and none have been made during Fiscal Year 2022-2023.

Redlands Regular meeting of 12-19-23 116 of 1429
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CITY OF REDLANDS – ANNUAL REPORT OF DEVELOPMENT IMPACT FEES (405) Storm Drain Fund – New development generates additional stormwater runoff by increasing the amount of land that is not penetrable to precipitation. Consequently, new development generates the need for, and benefits from, expanded storm drain facilities. Storm Drain Development Fees have been established per Redlands Municipal Code Chapter 3.56. This chapter establishes the methods of financing the construction of the required storm drain facilities. Fees are established by Resolution No. 7951.

The following table shows the balances, receipts, and expenditures of the Storm Drain Fund for the current and last five fiscal years:
2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 Beg. Balance 1,832,744 1,832,238 1,985,305 1,975,112 2,118,971 2,405,945 Receipts 112,404 206,098 227,799 151,397 299,402 206,750 Expenditures (112,910) (53,032) (237,992) (7,538) (12,428) (67,373) Ending Balance 1,832,238 1,985,305 1,975,112 2,118,971 2,405,945 2,545,321 Impact fee revenue in this category consists of $189,041 in fees and $17,709 in investment income.

Disbursements consist of $9,316 in administrative costs and $54,457 in professional engineering services to prepare a focused storm drainage study and corresponding drainage solutions for the vicinity of Garden Street and Westwood Lane. Additionally, the fund was charged $3,600 in fees related to improvements at the Colton Avenue & Redlands Boulevard intersection.

During Fiscal Year 2022-2023, the current cash balance exceeds the cumulative fee collection over the past five years by $1,726,670. As a result, the City must make “findings” in accordance with the requirements of Government Code Section 66006.

Findings:

New development generates additional stormwater runoff by increasing the amount of land that is not penetrable to precipitation. Consequently, new development generates the need for, and benefits from, expanded storm drain facilities. Fees are to be used on the costs associated with the construction of regional and local facilities, based on the amount of estimated costs allocable to new development and new service population.

In 2014, the City adopted a Drainage Master Plan. The outlines scope and priority of various projects.

Timelines for completing these projects are difficult to estimate due mainly to each project’s significant costs and the unpredictability of the timing of adequate impact fee revenue.

The project list includes local and regional projects in terms of the City’s share, with a total estimated cost allocated to new development of $10,724,400.

Redlands Regular meeting of 12-19-23 117 of 1429
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CITY OF REDLANDS – ANNUAL REPORT OF DEVELOPMENT IMPACT FEES

1. Reservoir Canyon – The Reservoir Canyon Channel is the second largest watershed area tributary to downtown. The total costs to fund new and upgrade existing storm drain facilities that would mitigate the flooding potential specific to this watershed have been estimated at $16,510,000; new Development Fair Share – 27%.

2. Downtown Watershed – The Downtown watershed consists of the local drainage systems in the downtown area. The total costs to fund new and upgrade existing storm drain facilities that would mitigate the flooding potential specific to this watershed have been estimated at $10,210,000; new Development Fair Share – 27%.

3. Redlands Opal Basin – This project addresses the Mission Zanja watershed (the largest watershed tributary) and consists of the construction of a retention basin and is one of two major facilities needed to protect the City during a 100-yearstorm event. When completed, the facility will retain up to 825 acre-feet of water. Additional funds to complete the $15 million project will come from the Storm Drain Fund and other sources as they become available; new Development Fair Share – 27%.

Because development impact fee revenue fluctuates and is difficult to forecast, there is no estimate for the date on which the project will be completed. At this time, no other sources of revenue are projected.

No refunds of fees are required, and none have been made during Fiscal Year 2022-2023. (508) Water Source Acquisition Fund - The Water Source Acquisition Fund is established per Redlands Municipal Code Chapter 13.40.020 to implement the Redlands General Plan and finance the acquisition of approved water stock and water rights to assist the City in maintaining an adequate supply of water to meet the needs of development requiring water service from the City. Water Source Acquisition charges are established per Section 13.40.040 of the Redlands Municipal Code. Fee amounts are set by Resolution No. 7951.

The following table shows the balances, receipts, and expenditures of the Water Source Acquisition Fund for the current and last five fiscal years:
2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 Beg. Balance 112,116 258,120 753,768 898,102 943,636 1,444,054 Receipts 146,004 495,649 144,333 45,534 500,418 44,181
Expenditures - - - - - -
Ending Balance 258,120 753,768 898,102 943,363 1,444,054 1,488,235 Receipts include $31,178 in fees and $13,003 in investment income.

There were no disbursements for fiscal year 2022-2023.

Redlands Regular meeting of 12-19-23 118 of 1429
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CITY OF REDLANDS – ANNUAL REPORT OF DEVELOPMENT IMPACT FEES During Fiscal Year 2022-2023, the current cash balance exceeds the cumulative fee collection over the past five years by $233,371. As a result, the City must make “findings” in accordance with the requirements of Government Code Section 66006.

Findings:

The Water Source Acquisition Fund is intended to provide funds for the purchase of approved water stocks and rights, as set forth in the Redlands Municipal Code. As the City expands its housing stock and non-residential development, it is critical that the City plan on acquiring supplies sufficient, not just to serve development needs, but also to meet its annual groundwater recharge/replenishment requirements, which are affected by new development.

Most recently, this fund was used to repay the Water Fund (501) for an intra-fund loan. The intra-fund loan from the Water Fund (501) was for the purpose of purchasing 2,000 shares of Bear Valley Mutual Water Company Stock for $300,000, which was originally authorized as part of an agreement approved by the City Council on March 1, 2011. The cost to purchase water stock in Fund 508 is allocated in proportion to the benefit for new and existing users.

To date, the City’s 2022 Water Systems Master Plan has identified that, as service areas and demands grow, the City may need an additional five to six (5-6) million gallons daily of supply capacity to meet the peak hour demand in 2045. Plans to develop a strategy for water rights purchase is in development and the City anticipates adopting a plan of action during fiscal year 2025. To this end, the following sources for water rights and stocks have been identified. • West Redlands Water Company
• Redlands Water Company
• Crafton Water Company
• Redlands Heights Water Company
• Lugonia Water Company
• South Mountain Water Company
• Bear Valley Mutual Water Company
No refunds of fees are required, and none have been made during Fiscal Year 2022-2023. (509) Water Capital Improvement Fund – The Water Capital Improvement Fund is established per Redlands Municipal Code Chapter 3.48 to implement the Redlands General Plan and finance the construction of water capital facilities and improvements to provide new capacity required to serve new development requiring water service from the city. This chapter establishes the methods of collecting fees for financing the construction of the water facilities. Fee amounts are set by Resolution No. 7951.

Redlands Regular meeting of 12-19-23 119 of 1429
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CITY OF REDLANDS – ANNUAL REPORT OF DEVELOPMENT IMPACT FEES The following table shows the balances, receipts, and expenditures of the Water Capital Improvement Fund for the current and last five fiscal years:
2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 Beg. Balance 51,246 - - - - -
Receipts 654,396 2,191,906 1,132,991 772,122 1,624,228 574,653 Expenditures (705,643) (2,191,906) (1,132,991) (772,122) (1,624,228) (574,693) Ending Balance - - - - - -
Receipts include $574,653 in fees.

Disbursements include a payment to the Water Fund (501) in the amount of $574,653. This represents a 55% share of that fund’s debt service, with the Water Operating Fund picking up the other 45% share of debt service. Projects financed through this debt service include the Agriculture Drainage Water Management Loan Program, used to finance the Texas Street Wellhead Treatment Project, and the Clean Water State Revolving Fund loan agreement that financed the construction of the Hinckley water treatment plant upgrade.

No refunds of fees are required, and none have been made during Fiscal Year 2022-2023. (519) Solid Waste Capital Improvement Fund - The Solid Waste Capital Improvement Fund is established per the Redlands Municipal Code Chapter 3.70 to implement the Redlands General Plan and finance the cost of solid waste capital facilities and equipment to provide added capacity required to serve new development requiring solid waste service from the city. Included are landfill, material recovery and transfer station facilities, solid waste collection equipment, transfer equipment, and other capital facilities equipment. Fee amounts are set by Resolution No. 7951.

The following table shows the balances, receipts, and expenditures of the Solid Waste Capital Improvement Fund for the current and last five fiscal years:
2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 Beg. Balance 4,152,887 4,259,811 4,556,559 4,452,524 5,157,797 4,352,597 Receipts 106,924 446,896 453,305 163,410 284,311 339,309 Expenditures - (150,148) (557,340) (15,477) (1,089,511) - Ending Balance 4,259,811 4,556,559 4,452,524 4,600,457 4,352,597 4,691,907 Receipts include $266,670 in fees and $72,639 in investment income.

There were no disbursements for fiscal year 2022-2023.

Redlands Regular meeting of 12-19-23 120 of 1429
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CITY OF REDLANDS – ANNUAL REPORT OF DEVELOPMENT IMPACT FEES The current cash balance exceeds the cumulative fee collection over the past five years by $3,400,640.

As a result, the City must make “findings” in accordance with the requirements of Government Code Section 66006.

Findings:

Monies collected into the Solid Waste Capital Improvements Fund, including the existing excess cash, are expected to be used for the developer-paid portion of major capital improvements. The project list includes capital improvement projects as well as capital equipment replacement, with a total estimated cost allocated to new development of approximately $2,060,000.

1. Phase V landfill expansion (FY 2025) –costs estimated at approximately $6 million. New Development Fair Share – 20% ($1,200,000).

2. Expansion of the landfill gas recovery & flare systems (FY 2025-2028) – these projects are necessary to provide extraction and collection on landfill expansion areas as well as capital improvement to the existing systems in order to maintain regulatory compliance with State and Federal requirements. Estimated costs depend on the scope of the project and are estimated at $1,500,000 to $2,000,000 for construction and engineering. New Development Fair Share – 20% per project ($300,000 - $400,000).

3. Landfill operation heavy equipment (ongoing) the projected expense for capital replacement of landfill equipment ranges from $1.5 to 2.3 million dollars and covers offroad vehicles such as Loaders, Scrapers and Compactors as well as on-road vehicles such as Fuel Trucks and Water Trucks. New Development Fair Share – 20% per project ($300,000 - $460,000).

The estimated time for completion of these projects and purchases is FY 2025 - 2028 for the landfill operation heavy equipment and the landfill gas recovery & flare systems. The completion of the Phase V landfill expansion is dependent on the rate at which the current phase is filled, but estimates indicate it may start as early as FY 2024, but it is more likely that the project will be started in FY 2025 and completed in FY 2026.

No refunds of fees are required, and none have been made during Fiscal Year 2022-2023. (529) Sewer Capital Improvement Fund - The Sewer Capital Improvement Fund is established per Redlands Municipal Code Chapter 3.44 to implement the Redlands General Plan and finance the construction of wastewater capital facilities to provide added capacity required to serve new development requiring sewer service from the City. Included are wastewater treatment plant facilities, sewer trunk lines sized larger than the eight-inch local collection mains and appurtenances used to serve property frontage, and other capital facilities and appurtenances. Fee amounts are set by Resolution No. 7951.

Redlands Regular meeting of 12-19-23 121 of 1429
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CITY OF REDLANDS – ANNUAL REPORT OF DEVELOPMENT IMPACT FEES The following table shows the balances, receipts, and expenditures of the Sewer Capital Improvement Fund for the current and last five fiscal years:
2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 Beg. Balance 2,633,256 2,846,876 5,041,145 6,115,482 - 1,594,334 Receipts 508,336 2,395,041 1,275,108 845,212 1,650,192 568,884 Expenditures (294,716) (200,771) (200,771) (6,960,694) (55,858) (333,475) Ending Balance 2,846,876 5,041,145 6,115,482 - 1,594,334 1,829,742 Receipts include $566,205 in fees and $2,679 in investment income.

Disbursements include a payment to the Wastewater Debt Service Fund (521) in the amount of $200,771. This represents a 55% share of that fund’s debt service, with the Water Operating Fund picking up the other 45% share of debt service. This debt financed the construction of advanced wastewater treatment facilities at the City’s existing Wastewater Treatment Plant. The note carries an annual interest rate of 2.5 percent. The note matures in November 2025. Additionally, a disbursement of $132,704 was made in project cost-sharing to install a large sewer trunk line parallel to Alabama Street between Pioneer Avenue and Palmetto Avenue. This project expands the capacity of the current trunk line from 24 to 36 inches, which will be needed as the property through which the line runs is currently under development.

No refunds of fees are required, and none have been made during Fiscal Year 2022-2023. (532) Nonpotable Capital Improvement Fund - The Nonpotable Capital Improvement Fund is established per the Redlands Municipal Code Chapter 3.53 to implement the Redlands General Plan and finance the construction of nonpotable capital facilities to provide added capacity required to serve new development requiring nonpotable water service from the City. Included are mains and appurtenances used to serve property frontage, and other capital facilities and appurtenances. Fee amounts are set by Resolution No. 7951.

The following table shows the balances, receipts, and expenditures of the Nonpotable Capital Improvement Fund for the current and last five fiscal years:
2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023 Beg. Balance 1,117,268 1,150,025 1,254,427 1,331,477 1,536,923 1,514,107 Receipts 32,757 104,402 77,050 205,446 30,445 128,615
Expenditures - - - - (53,262) (343,992)
Ending Balance 1,150,025 1,254,427 1,331,477 1,536,923 1,514,107 1,298,730 Receipts include $104,920 in fees and $23,695 in investment income.

Redlands Regular meeting of 12-19-23 122 of 1429
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CITY OF REDLANDS – ANNUAL REPORT OF DEVELOPMENT IMPACT FEES Disbursements include $343,992 expended on the design and preparation of plans and specifications for two recycled water reservoirs to be constructed at the City’s Wastewater Treatment Plant. The intent is to engineer two 1.5-million-gallon recycled water reservoirs at the Plant to store water for more beneficial use. The estimated timeline for completion for both reservoirs is the end of calendar year 2024.

For continuity, it is worth noting that with the conversion of the City’s financial accounting system, this fund was renumbered from Fund 539 Nonpotable Capital Improvement Fund to Fund 532 Nonpotable Capital Improvement Fund.

The current cash balance exceeds the cumulative fee collection over the past five years by $892,261.

As a result, the City must make “findings” in accordance with the requirements of Government Code Section 66006.

Findings:

Monies collected into the Nonpotable Capital Improvements Fund, including the existing excess cash, are expected to be used for several projects that will enhance and expand the nonpotable water distribution system pressure zones. Specifically, major projects under evaluation include:

1. Construction of a nonpotable reservoir, booster station and pipeline needed to operate Pressure Zones 1350 and 1570. These two pressure zones are the City’s two lowest and, as such, are particularly sensitive to increases in demand from new growth and development. Cost estimates for the project total $4.8 million.

Because development impact fee revenue fluctuates and is difficult to forecast, there is no estimate for the date on which the project will be completed. At this time, no other sources of revenue are projected.

No refunds of fees are required, and none have been made during Fiscal Year 2022-2023.

Redlands Regular meeting of 12-19-23 123 of 1429
1 I:\cmo\Resolutions\8538 Approving the City's Annual Development Impact Fee Report and Findings.docx-ms RESOLUTION NO. 8538

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING THE CITY’S ANNUAL DEVELOPMENT IMPACT FEE REPORT AND

MAKING CERTAIN FINDINGS WITH RESPECT THERETO
WHEREAS, Government Code Section 66006 requires local agencies that impose development impact fees upon development projects to deposit such fees in separate capital facilities accounts to avoid commingling of such fees with other revenues and funds of the local agency, and to expend those fees only for the purposes collected; and WHEREAS, for each separate capital facility account or fund established, the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year:

A. A brief description of the fee;
B. The amount of the fee;
C. The beginning and ending fund balance of the account; D. The amount of the fees collected and the interest earned; E. The identification of the improvements on which the fees were expended, including the percentage of the cost of the public improvements funded with fees; F. The identification of the commencement construction date for incomplete improvements for which sufficient funds have been collected;
G. A description of each interfund transfer or loan, and the date of such loan, the repayment date, and the interest rate;
H. The amount of refunds of fees, if any made pursuant to Government Code Section 66001; and
WHEREAS, Government Code Section 66001 requires local agencies, for the fifth fiscal year following the first deposit of fees into an account or fund, and every five years thereafter, to make certain findings with respect to that portion of the account or fund remaining unexpended, whether committed or uncommitted; and
WHEREAS, the annual report reflecting the balance in each capital improvement fee account, the fee, interest, income, and the amount of expenditure upon public improvements, and the amount of refunds made for the fiscal year, if any, has been available for public review as required by law;

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

Section1. The City Council hereby approves the Annual Report of Development Impact Fees for the year ended June 30, 2023.

Section 2. The City Council finds and determines that with respect to development impact fees remaining unexpended or uncommitted in their respective accounts, for five (5) or more years after deposit of the fee, as follows:

Redlands Regular meeting of 12-19-23 124 of 1429
2 I:\cmo\Resolutions\8538 Approving the City's Annual Development Impact Fee Report and Findings.docx-ms A. New development in the City will continue to generate additional demands on public facilities throughout the City, and will contribute to the impact upon existing public facilities.

B. There is reasonable relationship between the fees’ uses and the types of development for which the fees are charged, as these reasonable relationships are described in more detail in the City’s Development Impact Fee studies and improvement master plans.

C. There is a reasonable relationship between the need for the public facility and the type of development project upon which the fee is imposed.

D. The fees expected to be generated by new development will not exceed the costs for construction of the public facilities identified in the City’s improvement master plans and as set forth in the Developer Impact Fee study.

E. That the Annual Report identifies all sources and amounts of funding anticipated to complete financing for any incomplete improvements.

F. That the Annual Report designates the approximate dates on which fees are expected to be deposited for the financing of any incomplete improvements.

ADOPTED, SIGNED AND APPROVED this 19th day of December, 2023. ________________________
Eddie Tejeda, Mayor
ATTEST:
____________________________
Jeanne Donaldson, City Clerk
Redlands Regular meeting of 12-19-23 125 of 1429
3 I:\cmo\Resolutions\8538 Approving the City's Annual Development Impact Fee Report and Findings.docx-ms I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 19thday of December, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Jeanne Donaldson, City Clerk
Redlands Regular meeting of 12-19-23 126 of 1429
City of Redlands
Public Facilities Development Fees
Cash Transactions for Fiscal Year 2023
Prepared 11/21/2023
6% 34% 60%
Police Fire Library Gen Gov't Comm Ctr
DESCRIPTION Facilities Facilities Facilities Facilities Facilities TOTAL Beginning Cash Balance (July 1) $ 493,582.16 $ 865,817.83 $ 0.00 $ 0.00 $ 68,208.42 $ 1,427,608.41 Impact Fee Receipts 6,090.09 113,485.77 25,616.42 138,580.47 - 283,772.75 Misc. Receipts - - - - - -
Investment Income - - - - - -
Expenditures** - - - - - -
Interest on Loans - - (229.00) (178,015.00) - (178,244.00) 2% Admin Charge (121.80) (2,269.72) (512.33) (2,771.61) - (5,675.46) Debt Service - COPs - - - - - -
Debt Service - Fire - - - - - -
Loan from (repayment to):
- General Fund (101) - - - (135,808.86) - (135,808.86)
- General Fund (101) Int - - - 178,015.00 - 178,015.00
- Open Space Fund (227) - - - -
- Park/Open Space Dev Fund (250) - - - -
- Storm Drain Const Fund (405) - - - - - -
- Storm Drain Const Fund (405) Int - -
- Water Fund (501) - - (25,104.09) - - (25,104.09)
- Water Fund (501) Int - - 229.00 - - 229.00
Ending Cash Balance (June 30) $ 499,550.45 $ 977,033.89 $ 0.00 $ 0.00 $ 68,208.42 $ 1,544,792.76 Liabilities & Equity:

Loans Payable (0.00) 0.00 3,727,936.95 3,978,693.69 7, - 706,630.64 Fund Balance 499,550.45 977,033.88 (3,727,936.95) (3,978,693.69) 68,208.42 (6,161,837.88) Total Liabilities & Equity $ 499,550.45 $ 977,033.89 $ 0.00 $ 0.00 $ 68,208.42 $ 1,544,792.76 ** = excludes accounts payable
Notes: 1. Although the Public Facilities Development Fund is accounted for as a special revenue fund, each fee must be accounted for separately (Government Code Section 66001 et seq, commonly known as "AB 1600").

2. The fees collected for Fire Facilities, Library and City Yard were previously committed toward one-half of the annual debt service requirements of the 2003 Lease Revenue Refunding Certificates of Participation which refunded the 1993 Refunding of the 1986/87 Projects Certificates of Participation. Annual debt service on this one-half portion was charged to each of the three fees based upon an allocated share of the original proceeds used for acquisition and construction activities. The General Fund was responsible for the other half of the total annual debt service requirements. The debt was fully defeased in FY 2018-19. Loan amounts from the General Fund and Water Fund remain outstanding.

3. When fees collected for these three categories of public facilities were not sufficient to cover their share of the annual debt service, the General Fund made loans to each category as necessary. These loans are governed by Resolution No. 7354, the City's interfund loan policy.

4. In FY 2010-11, for one-time only, Council authorized loans from other specific funds to cover, as necessary, the public facilities share of debt service.

These loans, with interest at the annual LAIF rate, are to be repaid in proportion to the loan balances, before repayment to the General Fund.

Actual loans required were as follows: General Fund,$300,753; Open Space, $130,000: Park/Open Space Dev, $130,000; Storm Drain, $100,000; Water, $150.000.
11/22/2023
Redlands Regular meeting of 12-19-23 127 of 1429
soLu rloN No. as
A RESQLUTION O` THE CITY COUNCIL OF THE CITY OF REDLANDS ESTABLISHING DEVELOPMBNT 7MPACT FEES FOR ACCE550RY

DWELLING UN TS WITH RESPECT TO SEWER, WATER, SOLID WASTE,

ACQLJ SITI N O WATER STOCK AND WATER RIGHT, OPEN SPACE
1-lND ARKS, TRANSPORTATION, AND PUBLIC FACILITIES, RESTATING SUCH DEVELOPMENT IIvIPACT FEES FOR ALL QTHER TYPES F
DEVELOPMENT, ND RESCINDING RESOLUTION NO. 907
WHEREAS, Chapters 3. 32, 3. 44, 3. 48, 3. 54, 3. 56, 3. 60, 3. 70 and 13. 0 of tl e Redlands Municipal Code es#ablish, respectively, Open Space and arks, Sewer Capital Imprave nent, Water Capital Improvement, Transportatzon znproveznents, Storn1 Drain Facilities, Public Facilities Fees, Solid Waste ImproveinEnt, and the Acquisition of Water Stock And Water Rights, to implement the City' s General PIan to ensure that ublic facilities impravements which meet City standards are available coneurrent with the need caused for suc11 facilities Uy new development in t e City; and WHEREAS, it is now tl-e desire af the City Council ot' tiie City of Redlands (" this City Council") to establish developzzaent iampact fees for Accessory Dwelling Units; and WHEREAS, on August 31, 201 S, DTA, orznally ktao rn as David Taussig and Associates, prepared a study in accordance witl Government code section 6b000 et seq. for the City recommending the amounts of developinen i npact fees whicii may be imposed for Accessory Dwelling Units; and WHEREAS, the developanent iinpact fee provisians af the Redlands M znicipal Code provide that the s eci c a nounts offees shall be established by resolution of this City Council; and WHEREAS, by purpases of efficiency, it is further tl e desire ofthis City Council to establish tl e develop ent in. pact fees for Accessary Dwellin Units and restate he development impact fees for all other categories of development within tl is oiie resalution; NOW, THEREFORE, BE IT RESOLVED by the City Council afthe City of Redlands as follows:

Sectian I. The Open Space and Parks Fee is hereby establislied in the fallowing aznounts:

Residential Development ee per dwellina unit

1. Accessory Dwelling Unit ( more than 700 sq. ft.} 2, 454. 85 Accessory Dwelling Unit (less than or ec ual to 700 sg, ft.} 1,$ 41. 14

2. Single Family 3, 959. 94

3. Multi-Family 3, 624. 6?

4. Transit Oriented 2, 454. 85
Sectioi 2. Tl e Library Fee is hereby establisl ed in the following amo nts:

Residential Develo anent Fee taer dwellin unit
l. Accessory Dwelling Unit { more than 700 sq. ft.) 164. 02 I
I: 1ResolutinnslRes7900- 79991ResoCo rected79S1 Deve[ opment] mpactFees f2' SClfldl Redlands Regular meeting of 12-19-23 lg g 7. C OCX 128 of 1429
Accessory Dwelling Unit ( less than or equal to 700 sq. f.) 123. 01

2. Single Family 264. 58

3. Multi-Fainily 242. 1 S

4. Transit Oriented 164. 02
Sectinn 3. TI e Stonn Drain Facilities ' ee is hereby established in the following amounts:

Residential Fee per dwellin unit

1. Single Parn ily 04. 00

2. Multi-Fanuly 343. 00

3. Transit Orie ted 343. 00
Non- Residential Fee per 1, 0 0 square feet af buildin area l. Retail 170. 00

2. Coinmercial 170. d0

3. Faod Service and Ente tainment 170. 00

4. ffice 170. 00

5. Warehousing- Standard 150. 00

6. Warehousing- High Cube 150. 00

7. Manufacturing and Assembly I50. 00
S. IndustriallOther 50. 00

9. Institutional and Health Care 15Q. 00
Non-Residentiai Fee per roozza ( sinale uest room ar suite) J. Hotel/ Motel 170. 00
Section 4, Tl e Public Facilities Fee is hereby established in tlie following amounts:

Residez tzal Development Fee per dw lling uni
l. Accessory Dwelling Unit ( more than 700 sq. ft.) 425. 55 Accessory Dwelling Unit ( less than or equal to 700 sc. ft.) 3I9. 16

2. Sin le Family 6$ 6. 45

3. Multi- az n.ily b2833

4. Transifi Orien d 425. 55
No a- Residential Fee per 1,(? 00 sc uare t eet of buildi ia area l. Retaii 197. 03

2. Commercial 83. 13

3. Food Service and Entertauunent 1, 068. 13

4. Office 852.$ 3
S. Warehousiana- Standard 266. 06

6. Warehousing Hi h Cube 44. 83
2 i:ll2esolutionslRes7900- 79991ResoCorrected795i ] Jevelo mentlmpactFees ReSClllf Redlands Regular meeting of 12-19-23 Itlg 79. dOCX
129 of 1429

7. Manufacturing and Assembly 230. 16

8. dustria]/ Qther 217. 54

9. Institutio al and Healtl Gare 439. 1p
Non- Residential ee er_room( sin le auest room or suite}

1. Hotel/ Motel I9$. 7d
Section 5. The Fire Prot cfiion Facilities F e is I ere y estabiisl ed in tt e following a nounts:

Residez tial Developx aent ee per dwellin uiiit

1. Accessory Dwelling Unit{ inore#han 700 sq. ft.) 357. 74 Accessory Dwelling Unit( less t1 an or equal to 740 sq. ft.} 26$. 31

2. Single Fai ily 577. 08

3. Multi-Family 528. 2I
Transit Oriented 357. 74
Non- Residential Fee per 1, 000 square feet of Uuildin area I. Retail 165. b4

2. Commercial 69. 89

3. Food Service and Entertairunent 897. 94

4. Office 716. 94

5. Warehousing- Standard 223. 67

6. Warehousing- Higl Cube 37. 69

7. Manufacturing and Assembly I93. 49
IndustriallQther 182. 88

9. Institutional and Health Care 369. 14
Non- Residential Fee per roo a( sin le auest roona ar suzte)

1. HoteI/ Motel 167. 04
5ection 6. The Police Facilities' ee is hereby established in he following amounts:

Residential Development ee per dwellin unit

1. Accessory Dwelling LT it ( znore tlian 700 sq. ft.) I 8. 67 Accessory Dwellin Unit ( Iess tl an or ec ual to 700 sq. ft.) 14. 00

2. Single Family 30. 1 I

3. Multi-Family 27. 56

4. Transit Oriented 18. 66
Non- Residen#ial Fee per 1. 000 square feet of buildinQ area

1. Retazl 8. 64

2. Commercial 3. 65

3. Pood Service and Entertaita m.en.t 4b, 8S

4. Office 37. 40
3 I: 1ResolutianslRes 790Q- 79991Rcso Corrected7951 Developme t[ mpact Fees R25CI11d1ng Redlands Regular meeting of 12-19-23 7907. dQCX130 of 1429

5. Warehousing- Standard 11. 67

6. Warehousing- High Cube 1. 97

7. Manufacturing and Asseml ly 10. 09

8. IndustriallOtl er 9. 54

9. Institutional and Healtli Care I9. 26
Non- Residential Fee per room{ sin le guest roozza or suite) l. Hotel l Mo el 71
Section 7. The Transportation Syste n Ianprovements Fee is l ereby establisl ed in the following a no iits:

Residential Devela ment Pee per dwellin ui it

1. Accessory Dvc ellina LTnit ( more than 700 sq. ft.} 937. 54 Accessary Dwelliz g
Unit { less than or equal to 700 sn. ft.) 703. 1b

2. SingleFa nily 1, 12. 36

3. Multi-Family 1, 04832

4. Transit Oriented 1, 07. 63
Non- Residential Fee per 1, 000 square feet of buildin6 area

1. Retail 3, 438. 17

2. Com nercial 3, 331. 11

3. Food Service a d Entertainment 6, 977. 94

4. Office 2, 007. 94

5. Warehousing--- Standard 709. 44
b. Warehousing- Hi h CuUe 262. 62

7. Manufacturuig and AsseFnbly 385. 6

8. I idustriallOther 1, 271. 14

9. Institutional and Healt i Care 3, 009. 17
Nan- Resid ntial Fee per rooan( sln le Quest roorn or suite) Hotel/ Motel I, 049. 11
In lieu of uszng the San Bernardino County Congestion Manage aent Prograrn manual, the transportation system improvements fee for a non-residential project may be deteranined, at the discretion ofthe Municipal Utilities and EngineEring Director, by use of an approved engineering trat't'ic study to establish a more precise nuz ber of tri s generated by tliat specific nornresidentzal project to detertnine Transportatioii fees a the fee rate of$ 334. 29 per trip wllieh is the same per trip rate used zn the establisl nent of the specific transportation rates listed above.

Section S. The Sew r Capital Improvernez t Fee is l ereby establislied in the following amaunts Residential Fee per dwellin unit

1. Accessory Dwelling Unit ( mare than 700 sq. ft.) 82. 65 Accessory Dwelling Unit { less than ar equal to 70Q sq. ft.) 61$. 49 4 I: 1f2esalutionslRes 7900- 7999 12eso Corrected 7953 Development Gnpact Fees R25CIilf Redlands Regular meeting of 12-19-23 ing 9. C OCX 131 of 1429

2. Single Family 3, 130. 00

3. Multi-' amily 2, 295. OQ

4. Bt zlding Pern it issued prior 366. 00
To November 1, 1961

5. Senior Restricted dwelling unit 1, 774. 00
Non- Residential Fee er 100 allons er da estimated flaw

1. RetaiUCommercial 1, 4&2. 00
Note, the Sewer Capi al Improvemei2t Fee shall not be applicable to any accessory dwelling unit created within the existing space of a single family residence or accessory structure, includi a but not liinited to, a studio, poal house, oz' other siinilar structure.

Section 9. The Water Capital Iinpravement Fee is k ereby established in the following ainounts Residential Fee er dwellina unit
I. Accessory Dwelling Unit ( mare ti an 700 sq. f.) 1, 146. 08 Accessory Dwelling Unit ( less fihan or equai ta 700 sc. ft.) 859. Sb

2. Sin le Family( more than 1 acre) 9, 43I. 00
S it gle Family( inore than 21, OOQ sc. ft.) 6, 896. 00 Sin Ie Parnzly ( 11, 000 - 21, 000 sq. ft.) 5, 623. 00
Single Family{ less than 11, 000 sc. ft.) 4, 350A0

3. Multi- Family 2, 181. Od
Senior Restricted dwelling unit 1, 096. 00
Non- Residential Fee per 100 cubic ft. per i__n_onth estimated deinand

1. RetaillCommercial 18$. 00
Note, the Water Capital Improveinent Fee sliall not be applicable to any accessory dwellin unit created within the existi g space of a si igle family residence or accessory structure, includinb but nat limited to, a studio, pooi I ouse, ar other similar structure.
5ectifln 10. The Solid Waste Capital Impro ement Fee is hereby estabiished in the following amounts Residential Fee per dwellin unit

1. Accessory Dwelling Unit { rnore than 700 sc. ft.) 325. 00 Accessory Dwelling Unit{ less than or equal to 700 sq. ft.} 325. 00

2. Single Farr ily 550. 00

3. Multi- Family 323. 00
Non- Residential Fee PPD estimated waste stream

1. RetaillCommercial 52. 00
5 Redlands 1: 1Reso] ution5lRes Regular meeting 790fl- 79991Reso of 12-19-23 Con-ected 7951 development Tmpact Fees R 5CI Ild 111g 7g 7. dOCX132 of 1429 Section 11. The Acquisition of Water Stocks and Water Rights Fee is hereby estabIished in the foilowing amounts
Residential Fee per d ellin u it

1. Accessory Dwelliz Unit ( more tl an 700 sq. ft.) 206. 29 Accessory Dwelling Unit ( less than or equal tQ 700 sq. t.) 154. 72

2. Sin le Famiiy( zxao:re than 1 acre) 1, 701. 0
Si agle Family( more than 21, 000 sq. f.) 1, 242. 00
Single Family( I1, 000 - 2I, 000 sq. ft.) 1, 023. 00
Single Family( less than I 1, 000 sq. ft.) 783. 04

3. Multi- Family 347. 00

4. Seniar Restricted dwellina uaiit 167. 00
Non- Residen ial Feeper I00 cubic ft. per month estimated deznand

1. RetaiUCominercial 33. 00
Note, tlie Water Stocks and Water Rig[i#s Fee shall not be applicable to any accessory dwelling unit created vcritliiz the exzstin; space of a sinple family residence or accessory structure, including but not limited to, a studio, poal house, or ather similar structure.

Section 12. Notvvitlastanding any other section of this resolution, t e de elapment impact fees for Accessary Dwelling Units establisl ed I erein shall take effect t irty (30} days after tlae ef ective date of City af Redlands Ordinance No. 2880.

Section l 3. This resalutian shall take effect on Aprii 2, 2019. 6 Redlands
I: 1ResalutionslFtes Regular meeting 790a- 79991Reso of 12-19-23 Corrected 7951 Development I npact 1= ees ReSCIIICjltlg 9fl. CjOCX 133 of 1429
ADOPTED, SIGNED AND APPAOVED this 2nd day of April, 20l 9. auI W. Foster, Mayor
ATTEST:

J e Donaldson. Citv Glerk
7 Redlands 1:\ Aeso] utionslRes Regular meeting 7900- 7999' of Reso 12-19-23 Corrected 7R51 Development lmpact Pees Re5C111dIClg 79O. dOCX 134 of 1429 I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the fore oiaag Resolutian was duly adopted by the City C.ouncil at a regular ineetin thereof, held on the 2nd day of April, 2019, by the fallowing vote:

AYES: Councilinembezs Barich, Tejeda, Momberger, Davis; Mayor Foster NOES: None
ABSTAIN: None
ABSENT: None
Jea onaldson, City Clerk
8 f: ResolutionslRes 7900- 79991Reso Cun ected 79 1 Development[ npact Fees Resei nd i ng Redlands Regular meeting
7907. doex
of 12-19-23 135 of 1429
City Council Meeting G. 9.

DATE: 12/19/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Resolution No. 8539 designating authorized signers for investment accounts and authorizing the Mayor to execute substantially similar resolutions for opening additional investment accounts with broker/dealers and financial institutions as recommended by the City Treasurer and rescinding Resolution No. 7676 (Managment Services/Finance Director Garcia)
MOTION(S):

I move that the City Council adopt Resolution No. 8539 designating authorized signers for investment accounts and authorizing the Mayor to execute substantially similar resolutions for opening additional investment accounts with broker/dealers and financial institutions as recommended by the City Treasurer and rescinding Resolution No. 7676.

RECOMMENDATION:

Staff recommends that the City Council approve Resolution No. 8539 designating authorized signers for investment accounts and authorizing the Mayor to execute substantially similar resolutions for opening additional investment accounts with broker/dealers and financial institutions as recommended by the City Treasurer and rescinding Resolution No. 7676.

DISCUSSION:

Resolution No. 8539 rescinds Resolution No. 7676 and authorizes the following individuals as signers on all investment accounts established by the City:

Phillip Doolittle, City Treasurer
Danielle Garcia, Management Services/Finance Director
James Garland, Assistant Finance Director
Aimee Hoover, Revenue Supervisor
Redlands Regular meeting of 12-19-23 136 of 1429
At the direction of the City Treasurer, the Revenue Supervisor will implement the daily administration of record keeping for the investment transactions.

It also authorizes the Mayor of the City to execute, on behalf of the City Council, forms of “resolutions” prepared and required by financial institutions for the establishment of investment accounts.

ALTERNATIVES:

The City Council may make alternative suggestions of authorized account signers for the City investment accounts.

STRATEGIC PLAN:

Not Applicable
SUBMITTED BY:

Danielle Garcia, Management Services/Finance Director
RECOMMENDED BY:

Phillip Doolittle, City Treasurer
REVIEWED BY:

Yvette Abich Garcia, City Attorney
Charles M. Duggan, Jr., City Manager
PREPARED BY:

Aimee Hoover, Revenue Supervisor
Fiscal Impact
Discussion:

There is no direct fiscal impact associated with approval of Resolution No. 8539 authorizing signers on the City's new and existing investment accounts.

Attachments
Resolution No. 8539 Investment Account Authority
Resolution No. 7676
Redlands Regular meeting of 12-19-23 137 of 1429
1 I:\cmo\Resolutions\8539 Designating Authorized Signers for Investment Accounts.docx-ms RESOLUTION NO. 8539

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS

DESIGNATING AUTHORIZED SIGNERS FOR INVESTMENT ACCOUNTS

AND AUTHORIZING THE MAYOR TO EXECUTE SUBSTANTIALLY

SIMILAR RESOLUTIONS FOR THE OPENING OF ADDITIONAL

INVESTMENT ACCOUNTS WITH BROKER/DEALERS AND FINANCIAL

INSTITUTIONS AS RECOMMENDED BY THE CITY TREASURER AND
RESCINDING RESOLUTION NO. 7676
WHEREAS, from time to time City Officials and staff determine that it is in the best interest of the City to establish accounts with financial institutions for the purpose of investing City funds; and
WHEREAS, to ensure that the City’s funds are invested on a timely basis in a manner that provides prudent safety and a reasonable rate of return, it is often necessary for City Officials and staff to open such accounts on an expedited basis; and
WHEREAS, it is the custom and practice of financial institutions to require that the authorized signers on investment accounts be approved by the City using forms of “resolutions” prepared by such institutions: and
WHEREAS, through the adoption of this resolution, it is the desire of the City Council of the City of Redlands to designate certain City Officials as authorized signers for such investment accounts and to authorize the Mayor, on behalf of the City Council, to execute forms of “resolutions” prepared and required by financial institutions relating to such designated authorized signers.

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

Section 1. The following City Officers shall be the authorized signers for investment accounts established by the City:

Phillip Doolittle, City Treasurer
Danielle Garcia, Management Services/Finance Director
James Garland, Assistant Finance Director
Aimee Hoover, Revenue Supervisor
Section 2. At the direction of the City Treasurer, the Revenue Supervisor will implement the daily administration of the record keeping of the investment transactions.

Section 3. That the Mayor of the City is hereby authorized to execute, on behalf of the City Council, forms of “resolutions” prepared and required by financial institutions for the establishment of investment accounts, provided the form and content of such “resolutions” have been reviewed and approved of by the City Treasurer.

Redlands Regular meeting of 12-19-23 138 of 1429
2 I:\cmo\Resolutions\8539 Designating Authorized Signers for Investment Accounts.docx-ms Section 4. That Resolution No. 7676 is hereby rescinded.

ADOPTED, SIGNED AND APPROVED this 19
th day of December 2023.
______________________________
Eddie Tejeda, Mayor
ATTEST:
______________________________
Jeanne Donaldson, City Clerk
Redlands Regular meeting of 12-19-23 139 of 1429
3 I:\cmo\Resolutions\8539 Designating Authorized Signers for Investment Accounts.docx-ms I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing Resolution was duly adopted by the City Council at a regular meeting thereof held on the 19 th day
of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Jeanne Donaldson, City Clerk
Redlands Regular meeting of 12-19-23 140 of 1429
4 I:\cmo\Resolutions\8539 Designating Authorized Signers for Investment Accounts.docx-ms

CITY OF REDLANDS

AUTHORIZED SIGNORS
December 19, 2023
Name:

Phillip Doolittle
Title:

City Treasurer
Phone: (909) 798-7591
e-mail: [email protected]
Name:

Danielle Garcia
Title:

Management Services/Finance Director
Phone: (909) 798-7507
e-mail: [email protected]
Name:

James Garland
Title:

Assistant Finance Director
Phone: (909) 335-4776
e-mail: [email protected]
Name:

Aimee Hoover
Title:

Revenue Supervisor
Phone: (909) 798-7596
e-mail: [email protected]
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City Council Meeting G. 10.

DATE: 12/19/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Receive and file the Annual Reports for Community Facility District (CFD) No. 2001-1 and Community Facility District (CFD) No. 2003-1 pursuant to Local Agency Special Tax and Bond
Accountability Act (SB 165) (Management Services/Finance Director Garcia)
MOTION(S):

I move to receive and file the annual reports for CFD 2001-1 and CFD 2003-1 pursuant to the Local Agency Special Tax and Bond Accountability Act (SB 165).

RECOMMENDATION:

Not applicable.

DISCUSSION:

Government Code Section 53411 requires that on or after January 1, 2001, any local bond measure that is subject to voter approval that would provide for the sale of bonds by a local agency, provide accountability measures that include the issuance of an annual report from the chief fiscal officer to the governing body of the local agency. This report should include a description of the purpose of the bond, the amount of funds collected and expended, and the status of the authorized project. The reports cover the period from July 1, 2022, through June 30, 2023.

ALTERNATIVES:

Not applicable.

Redlands Regular meeting of 12-19-23 146 of 1429
STRATEGIC PLAN:

Not applicable.

SUBMITTED BY:

Danielle Garcia, Management Services/Finance Director
RECOMMENDED BY:

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

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

There is no fiscal impact associated with the motion to receive and file this report.

Attachments
SB165 2001-1 Annual Report 2023
SB165 2003-1 Annual Report 2023
Redlands Regular meeting of 12-19-23 147 of 1429
11/16/2023

CITY OF REDLANDS
COMMUNITY FACILITIES DISTRICT NO. 2001-1
(NORTHWEST DEVELOPMENT PROJECT)
SPECIAL TAX BONDS, SERIES 2001

ANNUAL REPORT

The purpose of this report is to comply with the provisions of the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act provides that any local special tax measure that is subject to voter approval on or after January 1, 2001, that would provide for the imposition of a special tax by a local agency shall require the chief fiscal officer of the levying local agency to file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain both of the following:
 The amount of funds collected and expended.
 The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Article 1.5, Section 53410.

The City of Redlands issued $9,255,000 in Community Facilities District No. 2001-1 Special Tax Bonds in September 2001. The bonds were issued to finance the acquisition and construction of certain public facilities including streets, storm drain, traffic signals, potable water facilities, non-potable water facilities and sewer facilities required for the development of the property in the district.

Separate accounts have been established with a third party trustee to administer the receipt and subsequent disbursement of the bond proceeds as the City accepts completed improvements. A summary sheet showing the receipt of funds as well as all subsequent disbursements made during the reporting period (from July 1, 2022 to June 30, 2023) is attached as a part of this report. All of the facilities to be funded by CFD No. 2001-1 bond proceeds have been completed.

Redlands Regular meeting of 12-19-23 148 of 1429
DTA 11/16/2023
CITY OF REDLANDS CFD NO. 2001-1

NORTHWEST DEVELOPMENT PROJECT
SB165 FUND SUMMARY
Beginning Balance Funds Received Funds Expended Ending Balance Fund as of 7/1/22 (7/1/22 through 6/30/23) (7/1/22 through 6/30/23) as of 6/30/23 Administrative Expense Fund $54,983 $23,003 ($15,982) $62,004 Bond Fund $19 $720,825 ($720,788) $56
Costs of Issuance Fund $0 $0 $0 $0
Escrow Fund $0 $0 $0 $0
Improvement Fund $0 $0 $0 $0
Rebate Fund $0 $0 $0 $0
Redemption Fund $0 $0 $0 $0
Reserve Fund $741,432 $37 ($37) $741,432
Special Tax Fund $662,072 $761,466 ($743,788) $679,751
Grand Total $1,458,506 $1,505,331 ($1,480,594) $1,483,243 Redlands Regular meeting of 12-19-23 149 of 1429
11/16/2023

CITY OF REDLANDS
COMMUNITY FACILITIES DISTRICT NO. 2003-1
(REDLANDS BUSINESS CENTER)
SPECIAL TAX BONDS, SERIES 2004

ANNUAL REPORT

The purpose of this report is to comply with the provisions of the Local Agency Special Tax and Bond Accountability Act (the “Act”). The Act provides that any local special tax measure that is subject to voter approval on or after January 1, 2001, that would provide for the imposition of a special tax by a local agency shall require the chief fiscal officer of the levying local agency to file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report shall contain both of the following:
 The amount of funds collected and expended.
 The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1 and Article 1.5, Section 53410.

The City of Redlands issued $9,545,000 in Community Facilities District No. 2003-1 Special Tax Bonds in March 2004. The bonds were issued to finance the acquisition and construction of certain street improvements, sewers, storm drains, water distribution facilities, and other public improvements to be owned and operated by the City of benefit to the property in the district.

Separate accounts have been established with a third party trustee to administer the receipt and subsequent disbursement of the bond proceeds as the City accepts completed improvements. A summary sheet showing the receipt of funds as well as all subsequent disbursements made during the reporting period (from July 1, 2022 to June 30, 2023) is attached as a part of this report. All of the facilities to be funded by CFD No. 2003-1 bond proceeds have been completed.

Redlands Regular meeting of 12-19-23 150 of 1429
DTA 11/16/2023
CITY OF REDLANDS CFD NO. 2003-1

REDLANDS BUSINESS CENTER
SB165 FUND SUMMARY
Beginning Balance Funds Received Funds Expended Ending Balance Fund as of 7/1/22 (7/1/22 through 6/30/23) (7/1/22 through 6/30/23) as of 6/30/23 Administrative Expense Fund $62,627 $17,916 ($15,331) $65,213 Bond Fund $1,002 $764,506 ($764,460) $1,048
Costs of Issuance Fund $0 $0 $0 $0
Escrow Fund $0 $0 $0 $0
Improvement Fund $0 $0 $0 $0
Reserve Fund $915,421 $46 ($46) $915,421
Special Tax Fund $581,816 $835,718 ($782,373) $635,160
Grand Total $1,560,865 $1,618,185 ($1,562,209) $1,616,841 Redlands Regular meeting of 12-19-23 151 of 1429
City Council Meeting G. 11.

DATE: 12/19/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the First Amendment to the Professional Services Agreement with CASC Engineering and Consulting, Inc. for the California Street and Redlands Boulevard Intersection Widening Project to extend the time for completion to August 31, 2024, and determine that this amendment is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
MOTION(S):

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

I move that City Council determine that approval of the First Amendment to the Professional Services Agreement with CASC Engineering and Consulting, Inc. for the California Street and Redlands Boulevard Intersection Widening Project is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and

1. I move that City Council approve the First Amendment to the Professional Services Agreement with CASC Engineering and Consulting, Inc. for the California Street and Redlands Boulevard Intersection Widening Project, to extend the time for completion to August 31, 2024.

2. RECOMMENDATION:

Staff recommends City Council determine that approval of the First Amendment to the Professional Services Agreement with CASC Engineering and Consulting, Inc. to provide engineering services for the California Street and Redlands Boulevard Widening Project is exempt from environmental review pursuant to Section 15061 (b)(3) of the State's guidelines implementing the California Environmental Quality act, and approve the First Amendment to the Redlands Regular meeting of 12-19-23 152 of 1429
Professional Services Agreement with CASC Engineering and Consulting, Inc.

DISCUSSION:

California Street and Redlands Boulevard are major corridors within the City's transportation network and their intersection serves as a western gateway into the City. The California Street and Redlands Boulevard Intersection Widening Project (Project) will construct a dedicated right turn lane on the northwest corner of the intersection for southbound California Street vehicles turning west onto Redlands Boulevard, widen the west side of California Street from the intersection to a point approximately 770 feet north, and install a reinforced concrete box culvert over a portion of the Mission Channel. The remainder of the intersection was fully improved by a multi-jurisdictional project executed by the Cities of Redlands and Loma Linda. On November 1, 2022, City Council approved a Professional Services Agreement (Agreement) with CASC Engineering and Consulting, Inc. (CASC) to provide Project engineering services for an amount not-to-exceed $231,930.

In October 2023, San Bernardino County Flood Control District (County) staff proposed to expand the original Project scope of work to improve the entire culvert crossing within the Mission Channel to its ultimate condition. This change in scope would be entirely funded by the County, including the additional engineering phase and future construction costs. An Agreement is currently being developed by the County to reimburse the City for this additional engineering phase cost. This Agreement and a Second Amendment to the CASC Agreement will be presented for consideration at a future City Council meeting. For now, to mitigate delays in the current project, and ensure continuation of work once an Agreement is reached with the County, Staff recommends City Council approval of a First Amendment to the CASC Agreement to extend the completion term by eight (8) months to August 31, 2024.

Approval of the First Amendment to the CASC Agreement is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act since it can be seen with certainty that it will have no possibility for causing any significant effect on the environment.

ALTERNATIVES:

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

Redlands Regular meeting of 12-19-23 153 of 1429
STRATEGIC PLAN:

Strategic Priority D, Strategic Objective 3 - Infrastructure. Engineer and construct transportation facilities to accommodate all potential users – motorists, cyclists and pedestrians.

SUBMITTED BY:

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

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

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

Gerard Nepomuceno, Civil Engineer
Fiscal Impact
Discussion:

There is no fiscal impact associated with this action.

Attachments
First Agreement Amendment CASC
B. CASC Agreement (Reference Only)
Redlands Regular meeting of 12-19-23 154 of 1429
1 I:\cmo\Agreements\First Amendment CASC Engineering and Consulting, Inc. (Redlands Blvd) FY22-0323.docx-ms

FIRST AMENDMENT TO AGREEMENT TO PERFORM PROFESSIONAL SERVICES This first amendment (“First Amendment”) to the agreement for engineering services related to the California Street and Redlands Boulevard Intersection Widening Project dated November 1, 2022 (“Agreement”), by and between the City of Redlands, a municipal corporation (“City”), and CASC Engineering and Consulting, Inc., a California corporation (“Consultant”), is made and entered into this 19th day of December 2023.

RECITALS
WHEREAS, it is the desire of the City and Consultant to amend their existing Agreement, specifically amending Article 4.2 of the Agreement to extend the date for termination of the Services to August 31, 2024;
NOW, THEREFORE, for good and valuable consideration in the receipt of which is hereby acknowledge City and Consultant agree as follows:

AGREEMENT
Section 1. Section 4.2 of Agreement, entitled “Performance of Services” is hereby amended to read as follows:
“4.2 Consultant shall complete the Services by August 31, 2024, unless the Services are terminated earlier as provided for herein.”
Section 2. All other provisions of the Agreement shall remain unchanged by this First Amendment and in effect.

IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of December 19, 2023.

CITY OF REDLANDS CASC Engineering and Consulting, Inc.
________________________________ By: ________________________________ Eddie Tejeda, Mayor Richard J. Sidor, President
ATTEST:
__________________________________
Jeanne Donaldson, City Clerk
Redlands Regular meeting of 12-19-23 155 of 1429
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City Council Meeting G. 12.

DATE: 12/19/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the Second Amendment to the Professional Services Agreement with Dudek for the Hinckley Water Treatment Plant Sludge Press Engineering Project to extend the time for completion to June 30, 2024 (Municipal Utilities and Engineering Director Harris)
MOTION(S):

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

I move to approve the Second Amendment to the Professional Services Agreement with Dudek for the Hinckley Water Treatment Plant Sludge Press Engineering Project to extend the time for completion to June 30, 2024.

RECOMMENDATION:

Staff recommends that City Council approve the Second Amendment to the Professional Services Agreement with Dudek for the Hinckley Water Treatment Plant Sludge Press Engineering Project.

DISCUSSION:

The Municipal Utilities and Engineering Department (MUED) produces and distributes potable water to approximately 22,000 customers within its service area. Water is produced at two (2) surface water treatment plants (WTP). The Hinckley WTP receives raw water primarily from the Santa Ana River, and the Tate WTP receives raw water primarily from Mill Creek. Hinckley WTP and Tate WTP both use various mechanical and chemical processes to remove sediment and organic debris from the raw water prior to disinfection. The byproduct of the sediment and debris removal process is a wet sludge that must be de-watered prior to disposal. The Hinckley WTP produces approximately 12,000 gallons of wet sludge from the sedimentation basins and 14,000 gallons of wet sludge from Redlands Regular meeting of 12-19-23 171 of 1429
wet sludge from the sedimentation basins and 14,000 gallons of wet sludge from the waste wash water recycling treatment plant each day. The current de-watering process is lengthy, labor-intensive, and requires the use of diesel-fueled heavy equipment to move the sludge as it dries. Typically, 2,400 cubic feet of dry sludge is produced each day. More advanced technologies exist that are capable of significantly expediting the wet sludge de-watering process and reducing operating costs.

In February 2022, MUED issued a Request for Proposals from qualified consultants to engineer sludge press equipment to be installed at the Hinckley WTP. City Council approved a Professional Services Agreement with Dudek for a not-to-exceed price of $354,820 on April 19, 2022, to provide this service. On December 6, 2022, City Council approved a First Amendment to the Agreement to extend the project completion date to December 31, 2023. Although Dudek has worked diligently and has made significant progress, the project will not be completed before this deadline due to field equipment placement and sizing conflicts. Alternative design solutions and time are needed to complete this project. Therefore, staff recommends City Council approval of a Second Amendment to the Agreement that will extend the project completion deadline to June 30, 2024. No other agreement revisions are proposed.

Approval of a Second Amendment to the Agreement is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act since it can be seen with certainty that there is no possibility that this action will have a significant effect on the environment.

ALTERNATIVES:

City Council may deny the staff recommendation.

STRATEGIC PLAN:

N/A
SUBMITTED BY:

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

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

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Redlands Regular meeting of 12-19-23 172 of 1429
PREPARED BY:

Ashley Rosario, Senior Administrative Assistant
Fiscal Impact
Fiscal Year: 22-24
Revenue Generating: N
Appropriation Required Y/N: N
Amount: N/A
Budgeted Y/N: Y
Discussion:

There is no fiscal impact associated with this action.

Attachments
Dudek Agreement - Second Amendment
Dudek Agreement - First Amendment
Dudek Agreement
Redlands Regular meeting of 12-19-23 173 of 1429
1 I:\cmo\Agreements\Second Amendment Dudek Hinkley Water Treatment Sludge Press FY22-0322.docx-ms

SECOND AMENDMENT TO AGREEMENT TO PERFORM PROFESSIONAL SERVICES This second amendment (“Second Amendment”) to the agreement for professional engineering services for the Hinkley Water Treatment Plant Sludge Press Engineering Project (“Agreement”), dated April 19, 2022, by and between the City of Redlands, a municipal corporation and a general law city (“City”), and Dudek, a California corporation (“Consultant”), is made and entered into this 19th day of December, 2023.

RECITALS
WHEREAS, it is the desire of the City and Consultant to amend their existing Agreement, specifically to extend the date for termination of the Services to June 30th, 2024; NOW, THEREFORE, for good and valuable consideration in the receipt of which is hereby acknowledged City and Consultant agree as follows:

AGREEMENT
Section 1. Section 4.2 of the Agreement, entitled “Performances of Services,” is hereby amended to read as follows:
“4.2 Consultant shall complete the Services by June 30, 2024, unless the Services are terminated earlier as provided for herein.”
Section 2. All other provisions of the Agreement shall remain unchanged by this Second Amendment and in effect.

IN WITNESS WHEREOF, the parties have executed this Second Amendment, to be effective as of December 19, 2023.

CITY OF REDLANDS DUDEK
________________________________ By: ________________________________ Eddie Tejeda, Mayor Bob Ohlund, P.E., Vice President
ATTEST:
__________________________________
Jeanne Donaldson, City Clerk
Redlands Regular meeting of 12-19-23 174 of 1429
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City Council Meeting G. 13.

DATE: 12/19/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Reject all bids received for the Cypress Avenue and Cajon Street Traffic Signal Improvement project, Project No. 253008, and direct staff to solicit new bids for the project as funds become available (Municipal Utilities and Engineering Director Harris)
MOTION(S):

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

I move that the City Council reject all bids received for construction of the Cypress Avenue and Cajon Street Traffic Signal Improvement Project, Project No. 253008, and direct staff to solicit new bids for the project as funds become available.

RECOMMENDATION:

Staff recommends City Council reject all bids received for construction of the Cypress Avenue and Cajon Street Traffic Signal Improvement Project, Project No. 253008, and direct staff to solicit new bids for the project as funds become available.

DISCUSSION:

The Cypress Avenue and Cajon Street Traffic Signal Improvement (Project) will improve traffic flow through this heavily congested intersection adjacent to Kingsbury Elementary School. This intersection is currently stop-sign controlled.

The project will replace the four-way stop signs with four (4) new mast arm traffic signal poles, signal heads, pedestrian heads, luminaires, conduit signal cabinet/controller, signal service cabinet, video/radar detection, striping, sidewalks, and ADA compliant curb ramps at the intersection.

Staff finalized the plans and specifications and advertised the Project for Redlands Regular meeting of 12-19-23 197 of 1429
Staff finalized the plans and specifications and advertised the Project for construction. On October 19, 2023, the City Clerk's office received and opened the following five (5) bids:

BID OPENING REPORT SUMMARY

BIDDER TOTAL BID AMOUNT

1. Elecnor Belco Eelectric, Inc., Chino, CA $777,888.00

2. DBX Inc., Temecula, CA $872,025.00

3. Calpromax Engineering, Inc., Placentia, CA $897,510.00

4. BWW & Company, Redlands, CA $965,072.85

5. ILB Electric, Corona, CA $1,029,829.00
All bids exceed the Engineer's Opinion of Probable Cost for construction of the Project and the Traffic Signal Fund balance. Therefore, staff recommends that City Council reject all bids and direct staff to issue a new bid notice when funding is available. If approved, MUED staff will explore grant funding opportunities to supplement Project construction costs.

ALTERNATIVES:

City Council may elect to award the Project to the lowest bidder. However, this alternative is not recommended as all bids exceed the Engineer's Opinion of Probable Cost for construction and the available Traffic Signals Fund.

STRATEGIC PLAN:

N/A
SUBMITTED BY:

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

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

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

Elva Arellanes, Associate Engineer
Redlands Regular meeting of 12-19-23 198 of 1429
Fiscal Impact
Discussion:

There is no fiscal impact associated with rejecting all bids received.

Attachments
Bid Opening Report
Project Plans
Project Specifications
Redlands Regular meeting of 12-19-23 199 of 1429
ATTACHMENT "B"
Redlands Regular meeting of 12-19-23 200 of 1429
10 10

CYPRESS AVENUE AND CAJON STREET

CITY OF REDLANDS

CONSTRUCTION PLANS FOR
CITY PROJECT No. 253008

TRAFFIC SIGNAL PROJECT

VICINITY MAP

TITLE SHEET

CITY OF REDLANDS
4 BENCHMARK

TRAFFIC SIGNAL PROJECT

CYPRESS AVENUE AND CAJON STREET
PROJECT NO. 253008 2413 - TS
DATES OF SURVEY NOVEMBER 14-20, 2022.

HORIZONTAL CONTROL FOR THIS PROJECT IS BASED UPON FOUND

EXISTING CENTERLINE MONUMENTS PER SAN BERNARDINO COUNTY

SURVEYOR RECORDS AND CALIFORNIA STATE PLANE COORDINATE
SYSTEM, ZONE 5, FROM GPS MEASUREMENTS MADE FOR THIS PROJECT.

VERTICAL CONTROL IS BASED UPON CITY OF REDLANDS BM R-81: BRASS

DISK IN TOP OF CURB AT SE CORNER CAJON STREET AND PALM AVENUE, EAST END OF RETURN. ELEV. = 1506.64' NGVD29
Know what's below.

Call before you dig.

Monterey Park, California 91754
1100 Corporate Center Drive, Suite 201
Tel: (323) 260-4703 Fax: (323) 260-4705

A LOCHNER COMPANY
N/A
N/A
1 9/27/2023 9/27/2023
9/27/2023
Redlands Regular meeting of 12-19-23 201 of 1429
TV
TV

CITY OF REDLANDS
4 BENCHMARK

TRAFFIC SIGNAL PROJECT

CYPRESS AVENUE AND CAJON STREET
PROJECT NO. 253008 2413 - TS
DATES OF SURVEY NOVEMBER 14-20, 2022.

HORIZONTAL CONTROL FOR THIS PROJECT IS BASED UPON FOUND

EXISTING CENTERLINE MONUMENTS PER SAN BERNARDINO COUNTY

SURVEYOR RECORDS AND CALIFORNIA STATE PLANE COORDINATE
SYSTEM, ZONE 5, FROM GPS MEASUREMENTS MADE FOR THIS PROJECT.

VERTICAL CONTROL IS BASED UPON CITY OF REDLANDS BM R-81: BRASS

DISK IN TOP OF CURB AT SE CORNER CAJON STREET AND PALM AVENUE, EAST END OF RETURN. ELEV. = 1506.64' NGVD29
Know what's below.

Call before you dig.

Monterey Park, California 91754
1100 Corporate Center Drive, Suite 201
Tel: (323) 260-4703 Fax: (323) 260-4705

A LOCHNER COMPANY STREET IMPROVEMENT PLAN
2 AS SHOWN
N/A
9/27/2023 9/27/2023
9/27/2023
Redlands Regular meeting of 12-19-23 202 of 1429
TV

CITY OF REDLANDS
4 BENCHMARK

TRAFFIC SIGNAL PROJECT

CYPRESS AVENUE AND CAJON STREET
PROJECT NO. 253008 2413 - TS
DATES OF SURVEY NOVEMBER 14-20, 2022.

HORIZONTAL CONTROL FOR THIS PROJECT IS BASED UPON FOUND

EXISTING CENTERLINE MONUMENTS PER SAN BERNARDINO COUNTY

SURVEYOR RECORDS AND CALIFORNIA STATE PLANE COORDINATE
SYSTEM, ZONE 5, FROM GPS MEASUREMENTS MADE FOR THIS PROJECT.

VERTICAL CONTROL IS BASED UPON CITY OF REDLANDS BM R-81: BRASS

DISK IN TOP OF CURB AT SE CORNER CAJON STREET AND PALM AVENUE, EAST END OF RETURN. ELEV. = 1506.64' NGVD29
Know what's below.

Call before you dig.

Monterey Park, California 91754
1100 Corporate Center Drive, Suite 201
Tel: (323) 260-4703 Fax: (323) 260-4705

A LOCHNER COMPANY SIGNING AND STRIPING PLAN
3 BEGIN
END

BIKE LANE

ANY TIME

STOPPING
NO
1" - 40'
N/A

NO TURN U
9/27/2023 9/27/2023
9/27/2023
Redlands Regular meeting of 12-19-23 203 of 1429
TV

CITY OF REDLANDS
4 BENCHMARK

TRAFFIC SIGNAL PROJECT

CYPRESS AVENUE AND CAJON STREET
PROJECT NO. 253008 2413 - TS
DATES OF SURVEY NOVEMBER 14-20, 2022.

HORIZONTAL CONTROL FOR THIS PROJECT IS BASED UPON FOUND

EXISTING CENTERLINE MONUMENTS PER SAN BERNARDINO COUNTY

SURVEYOR RECORDS AND CALIFORNIA STATE PLANE COORDINATE
SYSTEM, ZONE 5, FROM GPS MEASUREMENTS MADE FOR THIS PROJECT.

VERTICAL CONTROL IS BASED UPON CITY OF REDLANDS BM R-81: BRASS

DISK IN TOP OF CURB AT SE CORNER CAJON STREET AND PALM AVENUE, EAST END OF RETURN. ELEV. = 1506.64' NGVD29
Know what's below.

Call before you dig.

Monterey Park, California 91754
1100 Corporate Center Drive, Suite 201
Tel: (323) 260-4703 Fax: (323) 260-4705

A LOCHNER COMPANY TRAFFIC SIGNAL PLAN
4 ” ”
“ ”
1" - 20'
N/A
9/27/2023 9/27/2023
9/27/2023

APPLIED INFORMATION (AI)
Redlands Regular meeting of 12-19-23 204 of 1429

CITY OF REDLANDS

MUNICIPAL UTILITIES &

ENGINEERING DEPARTMENT
Bid Proposal, Contract Documents and Specifications
For

CYPRESS AVENUE AND CAJON STREET

TRAFFIC SIGNAL IMPROVEMENT PROJECT
PROJECT No. 253008
JULY 2023
Redlands Regular meeting of 12-19-23 205 of 1429
Redlands Regular meeting of 12-19-23 206 of 1429

CITY OF REDLANDS

MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT
Bid Proposal, Contract Documents and Specifications
for

CYPRESS AVENUE AND CAJON STREET TRAFFIC

SIGNAL IMPROVEMENT PROJECT
PROJECT No. 253008
For use in conjunction with specifications entitled: “Standard Specifications for Public Works Construction (Greenbook)” 2021 Edition; “Standard Plans for Public Works Construction” 2021 Edition; Municipal Utilities and Engineering Department’s Water Systems Standard Specifications and Sanitary Sewer System Standard Specifications, latest editions; and General Permit Conditions and Trench Specifications.

City Council:

Eddie Tejeda, Mayor
Paul T. Barich, Mayor Pro Tem
Denise Davis, Councilmember
Jenna Guzman-Lowery, Councilmember
Mario Saucedo, Councilmember
City Clerk:

Jeanne Donaldson, City Clerk
City Staff:

Charles M. Duggan Jr., City Manager
JULY 2023
Redlands Regular meeting of 12-19-23 207 of 1429

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TOC 1

CYPRESS AVENUE AND CAJON STREET

TRAFFIC SIGNAL IMPROVEMENT PROJECT
PROJECT No. 253008

TABLE OF CONTENTS
(XX) REFLECTS PAGE IDENTIFICATION FOOTER ABBREVIATION

NOTICE INVITING SEALED PROPOSALS (NIB)

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

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

GENERAL CONDITIONS (GC)
SECTION 1 – GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS...................................................................... 1 SECTION 2 - SCOPE OF THE WORK ............................................................................... 2 SECTION 3 - CONTROL OF THE WORK......................................................................... 3 SECTION 4 - CONTROL OF MATERIALS....................................................................... 7 SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES..................................... 8 SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK .............................. 30 SECTION 7 - MEASUREMENT AND PAYMENT ......................................................... 32 SECTION 8 - FACILITIES FOR AGENCY PERSONNEL.............................................. 33 SECTION 9 - ASSIGNMENT OF UNFAIR BUSINESS PRACTICES CLAIMS ........... 33 SECTION 10 - TRENCHING AND EXCAVATION........................................................ 33 SECTION 11 - REMOVAL, RELOCATION OR PROTECTION OF EXISTING UTILITIES................................................................................................... 34 SECTION 200 - ROCK MATERIALS............................................................................... 35 SECTION 201 - CONCRETE, MORTAR AND RELATED MATERIALS..................... 36 Redlands Regular meeting of 12-19-23 209 of 1429
TOC 2
SECTION 203 - BITUMINOUS MATERIALS................................................................. 36 SECTION 206 - MISCELLANEOUS METAL ITEMS..................................................... 37 SECTION 207 – GRAVITY PIPE...................................................................................... 38 SECTION 211 - MATERIAL TESTS ................................................................................ 38 SECTION 214 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS ........................................................................... 38 SECTION 300 - EARTHWORK ........................................................................................ 38 SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS ............................................................................. 43 SECTION 302 - ROADWAY SURFACING ..................................................................... 48 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION .............................. 58 SECTION 304 - METAL FABRICATION AND CONSTRUCTION .............................. 61 SECTION 314 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS ........................................................................... 62

GENERAL REQUIREMENTS
SECTION 01110 COORDINATION OF WORK
SECTION 01112 DESCRIPTION OF WORK
SECTION 01200 MEASUREMENT AND PAYMENT
SECTION 01251 CHANGE ORDER REQUESTS
SECTION 01254 CHANGE ORDERS
SECTION 01298 SCHEDULE OF VALUES
SECTION 01321 CONSTRUCTION SCHEDULE
SECTION 01322 CONSTRUCTION PROGRESS PHOTOGRAPHY
SECTION 01323 CONSTRUCTION STATUS REPORTS
SECTION 01330 SUBMITTALS
SECTION 01571 STORMWATER POLLUTION PREVENTION PLAN
SECTION 01581 CONSTRUCTION INFORMATION SIGNS
SECTION 01721 MOBILIZATION
SECTION 01722 SURVEYING
SECTION 01732 POTHOLING
SECTION 01740 DEMOBILIZATION

TECHNICAL SPECIFICATIONS
SECTION 02222 PROTECTING EXISTING UNDERGROUND UTILITIES Redlands Regular meeting of 12-19-23 210 of 1429
TOC 3

APPENDIX

APPENDIX A CHECKLIST OF LABOR LAW REQUIREMENTS

APPENDIX B CITY OF REDLANDS WORKDAY CONSTRUCTION SCHEDULE

APPENDIX C SAFETY DOCUMENTS

APPENDIX D PERMITS
Redlands Regular meeting of 12-19-23 211 of 1429

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BID DOCUMENTS
(BD)
Redlands Regular meeting of 12-19-23 215 of 1429

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BD 1

INSTRUCTIONS TO BIDDERS
For

CYPRESS AVENUE AND CAJON STREET TRAFFIC SIGNAL

IMPROVEMENT PROJECT
PROJECT No. 253008
Bids to receive consideration shall be made in accordance with the following instructions:

1. PROPOSALS:
a. Bids shall be made upon the form of proposal furnished by the City. All Bids shall be properly executed with all items filled in; the signatures of all persons signing shall be in longhand. If the unit price and the total amount named by a Bidder for any item are not in agreement, the unit price shall be considered as representing the Bidder's intention, and the totals may be corrected by the Engineer to conform thereto. If the sum of the individual bid item’s and the total amount named by a Bidder are not in agreement, the sum of the bid item’s shall be considered as representing the Bidder’s intention, and the totals may be corrected by the Engineer to conform thereto. If the total price written in words and the total price written in figures are not in agreement, then the total price written in words will be considered as representing the Bidder’s intention, and the totals will be corrected by the Engineer to conform thereto.
b. Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete Bids, erasures, or irregularities of any kind.

Mistakes shall be lined through and the correct amount written above and initialed by the authorized agent of the Bidder.
c. Bids shall be accompanied by a cashier's or a certified check or Bidder's admitted corporate surety bond, in an amount not less than ten percent (10%) of the bid, made payable to the City of Redlands. Said check or bond shall be given as a guarantee that the Bidder will enter into a contract if awarded the work. In the case of refusal or failure to enter into said Contract, within fourteen (14) days after Notice of Award by the City in writing, the security shall be applied by the City to the difference between such bid and next lowest acceptable bid and surplus, if any, shall be returned to Bidder if cash or check is used, or to Surety if bid bond is used.
d. Before submitting a bid, Bidders shall carefully examine the Plans; read the Specifications; read all other Contract documents; shall visit the site of the work; shall fully inform themselves as to all existing conditions and limitations; and include in the bid a sum to cover the cost of all items included in the Contract. No allowance will be made due to lack of examination or knowledge. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered as to character, quality and scope of work to be performed; the quantities of materials to be furnished; and as to the requirements of the Bid Proposal, plans and specifications.

Redlands Regular meeting of 12-19-23 217 of 1429
BD 2
e. Pursuant to CA Labor Code Section 1770 et seq., the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are available at http://www.dir.ca.gov/OPRL/PWD/. Copies of the prevailing wage determination are also on file at the City of Redlands and shall be made available to any interested party upon request.
f. The bid must be submitted on or before the date and time specified in the Notice Inviting Sealed Proposals (Bids). The bid shall be submitted in a sealed envelope marked in the lower left corner as follows:

BID FOR: CYPRESS AVENUE AND CAJON STREET

TRAFFIC SIGNAL IMPROVEMENT
PROJECT, PROJECT No. 253008
g. Bids will be opened and publicly read aloud at the time set in the Notice Inviting Sealed Proposals (Bids), in the Office of the City Clerk, Civic Center, 35 Cajon Street, Suite 4, Redlands, California.

2. AGREEMENT AND BONDS:

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

3. WITHDRAWAL OF BIDS:
a. Any Bidder may withdraw his Bid, only by written request, at any time prior to the scheduled time for Bid Opening.
b. No Bidder may withdraw his Bid for a period of sixty (60) days after the time of Bid Opening except as allowed by the California Public Contract Code.

Redlands Regular meeting of 12-19-23 218 of 1429
BD 3

4. INSURANCE AND HOLD HARMLESS REQUIREMENTS:

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

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

CONTRACTED OPERATIONS DESIGNATED AS TIER 1
Air Conditioning (HVAC)
Systems (installation)
Electric Light or Power Line
Construction Pipeline Construction
Airport Runways (paving,
repaving, etc.) Elevator Work Roofing
Blasting Operations Excavation Sandblasting
Bridge or Elevated Highway
Construction
Fire Suppression Systems
(installation)
Sewer and Water Main
Construction
Buildings Structural Work
(including elevators)
Gas Mains or Connections
Construction Sign Erection (streets)
Building Structure (raising or
moving) Geophysical Exploration Solar Energy
Cable Installation in Conduits
and Conduit Construction
(streets)
Grading of Land Street Cleaning
Caisson or Cofferdam Work Hazardous Materials
Contractors Street or Road Construction
Dam or Reservoir Construction Irrigation or Drainage
Construction
Tank Construction, Installation,
Erection or Repair
Demolition (structures) Landscape Construction (street
or street medians)
Telephone or Cable Line
Construction
Drilling Painting (exterior greater than
single story)
Tree Pruning, Dusting,
Spraying or Removal
Redlands Regular meeting of 12-19-23 219 of 1429
BD 4
TIER 1 DESIGNATED INSURANCE REQUIREMENTS
a. Commercial General Liability
➢ $1 Million Per Occurrence/ $2 Million Aggregate
▪ City listed as an Additional Insured on the coverage
▪ Coverage is primary and non-contributory
▪ If scope of work is within 50 feet of any railroad, endorsement citing inclusion of liability associated with this work is required
▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission b. Business Auto Liability
➢ $1 Million Combined Single Limit
▪ City listed as an Additional Insured on the coverage
▪ Must include liability arising from all owned, leased, hired, and non-owned autos ▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission ➢ If Contractor or its subcontractors or suppliers haul hazardous material (including, without limitation, waste), Auto Liability insurance must be applicable to all hazardous waste hauling vehicles, and include MCS 90 and CA9948 Endorsements. c. Commercial Umbrella/ Excess Liability
➢ $5 Million Per Occurrence/ Aggregate
▪ City listed as an Additional Insured on the coverage
▪ Coverage is primary and non-contributory
▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission d. Workers Compensation
➢ $1 Million Per Occurrence for Bodily Injury by Accident ➢ $1 Million Each Employee for Bodily Injury by Disease ➢ $1 Million Policy Limit for Bodily Injury by Accident ▪ Waiver of Subrogation in favor of City
▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission e. Pollution Policy (Hazardous Materials) [If Applicable] ➢ Required of Projects that involve Demolition and/or Excavation Activities ➢ $1 Million Per Occurrence/ $2 Million Aggregate
➢ City listed as an Additional Insured on the coverage
Redlands Regular meeting of 12-19-23 220 of 1429
BD 5
TIER 2 DESIGNATED INSURANCE REQUIREMENTS
a. Commercial General Liability
➢ $1 Million Per Occurrence/ $2 Million Aggregate
▪ City listed as an Additional Insured on the coverage
▪ Coverage is primary and non-contributory
▪ If scope of work is within 50 feet of any railroad, endorsement citing inclusion of liability associated with this work is required
▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission b. Business Auto Liability
➢ $1 Million Combined Single Limit
▪ City listed as an Additional Insured on the coverage
▪ Must include liability arising from all owned, leased, hired, and non-owned autos ▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission ➢ If Contractor or its subcontractors or suppliers haul hazardous material (including, without limitation, waste), Auto Liability insurance must be applicable to all hazardous waste hauling vehicles, and include MCS 90 and CA9948 Endorsements. c. Workers Compensation
➢ $1 Million Per Occurrence for Bodily Injury by Accident ➢ $1 Million Each Employee for Bodily Injury by Disease ➢ $1 Million Policy Limit for Bodily Injury by Accident ▪ Waiver of Subrogation in favor of City
▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission d. Pollution Policy (Hazardous Materials) [If Applicable] ➢ Required of Projects that involve Demolition and/or Excavation Activities ➢ $1 Million Per Occurrence/ $2 Million Aggregate
➢ City listed as an Additional Insured on the coverage
CONTRACTED OPERATIONS DESIGNATED AS TIER 2
Air Conditioning (HVAC)
Systems (service and repair) Carpentry (building interiors) Fire Suppression Systems (service and repair) Alarms and Alarm Systems Communications Equipment
Installation (interior) Landscape Construction
Building Interior Work (service,
repair and non-structural
remodeling)
Driveway, Parking Area or
Sidewalk (paving or repaving) Painting (exterior)
Cable Installation in Conduits
(buildings) Fence Erection All Other Job Types including Vendors Redlands Regular meeting of 12-19-23 221 of 1429
BD 6
Contractor expressly waives all rights to subrogation against the City, its officers, employees and volunteers for losses arising from work performed by Contractor for City by expressly waiving Contractor’s immunity for injuries to Contractor’s employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extend to any claim brought by or on behalf of any employee of Contractor. This waiver is mutually negotiated by the parties. This shall not apply to any damage resulting from the sole negligence of City, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless are valid and enforceable only to the extent of the negligence of contractor, its officers, agents and employees.

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

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

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

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

5. LICENSES AND PERMITS:

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

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

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

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

Redlands Regular meeting of 12-19-23 222 of 1429
BD 7
In addition, no contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015 or awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

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

6. SUBSTITUTION OF SECURITIES:

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

7. SUBCONTRACTORS:

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

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

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

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

9. LABOR LAW REQUIREMENTS
Prior to the start of construction, the Contractor and each subcontractor shall submit to the Redlands Regular meeting of 12-19-23 223 of 1429
BD 8
City an executed Checklist of Labor Law Requirements, included within Appendix A, certifying that each Contractor and Subcontractor will comply with the foregoing Labor Law requirements; and fully understands that failure to comply with these requirements will subject it to the penalties cited herein.

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

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

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

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

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

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

10.5 Copy of Protesting Bidder. A copy of the response and all supporting documents must be concurrently transmitted by fax or by email, by or before the Bid Protest Deadline, Redlands Regular meeting of 12-19-23 224 of 1429
BD 9
to the protesting bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest.

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

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

Redlands Regular meeting of 12-19-23 225 of 1429
BD 10

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

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

CYPRESS AVENUE AND CAJON STREET TRAFFIC SIGNAL IMPROVEMENT

PROJECT
PROJECT No. 253008
NOTE: Bidders must bid each item in this schedule. All entries in the entire PROPOSAL must be made clearly and in ink. Mistakes shall be lined through and the correct amount written above and initialed by the authorized agent of the Bidder.

BID SCHEDULE
(See “Section 01200 – Measurement and Payment” for Bid Item description) Item
No. Brief Description Estimated Quantity
Unit Price
(If Applicable) Total Price in Figures
1 Mobilization (Maximum 5%
of Total Bid Price)
LUMP
SUM N/A $______________________
2 Clearing, Grubbing, Removing
Existing Pavement And
Miscellaneous Removals;
Landscape Restoration
LUMP
SUM N/A $______________________
3 Temporary Traffic Control LUMP
SUM N/A $______________________
4 Storm Water Pollution BMP LUMP
SUM N/A $______________________
5 Construction Survey and
Staking
LUMP
SUM N/A $______________________
6 Construct 3” AC Pavement 48 TON $_________/TON $______________________ Redlands Regular meeting of 12-19-23 226 of 1429
BD 11

BID SCHEDULE (CONTINUED)
(See “Section 01200 – Measurement and Payment” for Bid Item description) Item
No. Brief Description Estimated Quantity
Unit Price
(If Applicable) Total Price in Figures
7 Construct 4” CAB 28 CY $_________/CY $______________________ 8 Construct 4” PCC Thick
Sidewalk over 95%
Compacted Native
1,200 SF $_________/SF $______________________
9 Construct Curb Ramp with
3'x4' Detectable Warning
Surface
4 EA $_________/EA $______________________
10 Adjust Existing Utility to
Grade 5 EA $_________/EA $______________________
11 Construct 8-Inch Curb and
Gutter 75 LF $_________/LF $______________________
12 Construct 4-Inch Curb and
Gutter (MOD) 15 LF $_________/LF $______________________ 13 Grind Existing AC Pavement 8,450 SF $_________/SF $______________________ 14 Overlay AC Pavement 0.17'
Minimum 108 TON $_________/TN $______________________
15 New Parkway Drain, Inlet
Type 2, S=36-Inch 60 LF $_________/LF $______________________ 16 Signing And Striping LUMP
SUM N/A $______________________
17 Traffic Signal LUMP
SUM N/A $______________________
18 Demobilization LUMP
SUM N/A $______________________
19 Unforeseen Work Not Covered
Within All Other Bid Items
LUMP
SUM N/A $______________________

BID SCHEDULE
TOTAL PRICE $______________________
50,000
Redlands Regular meeting of 12-19-23 227 of 1429
BD 12
Last Minute Additions/Deductions*__________________________________________ Bid Item No.________ Last Minute Additions/Deductions*__________________________________________ Bid Item No.________ Last Minute Additions/Deductions*__________________________________________ Bid Item No.________ BID SCHEDULE TOTAL PRICE: $_______________________________________________________ BID SCHEDULE TOTAL PRICE WRITTEN IN WORDS: ________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ * Provision is made here for the Bidder to include an addition or deduction in its bid, if it wishes, to reflect any last-minute adjustments in prices. The addition or deduction, if made, will be proportionately applied to the Progress Payments total for the respective item in the Schedule of Prices, the amount being added or deducted for each monthly payment. The unit prices entered in the Schedule of Prices will not be affected.

LOW BID DETERMINATION:

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

Redlands Regular meeting of 12-19-23 228 of 1429
BD 13

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

Addendum #1___________ Addendum #2___________ Addendum #3____________ (initials) (initials) (initials)
Addendum #4___________ Addendum #5___________ Addendum #6____________ (initials) (initials) (initials)
ATTEST: (if Corporation)
(Corporation Seal)
___________________________________ _____________________________________ Company Name Signature
____________________________________ _____________________________________ Address Name
____________________________________ _____________________________________ City, State, Zip Title
Redlands Regular meeting of 12-19-23 229 of 1429
BD 14

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

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

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

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

The following information, required by State law under penalty of perjury, is true and correct. Failure to complete this information renders the bid non-responsive, and the bid must be rejected. ____________________________________ _______________________________________ Company Name Signature
____________________________________ _______________________________________ Address Signatory's Title
____________________________________ _______________________________________ City, State, Zip State License Number and Class
____________________________________ _______________________________________ Telephone Number License Expiration Date
Dated this ________________ day of ___________________, 20___.

Redlands Regular meeting of 12-19-23 230 of 1429
BD 15

BID BOND

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

WHEREAS, said Principal has submitted a bid to said City to perform all work required under the PROJECT No. 253008.

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

SIGNED AND SEALED, this _________ day of _____________________________, 20____. ______________________________(SEAL) _______________________________(SEAL) (Principal) (Surety)
By:_________________________________ By:__________________________________ (Signature) (Signature)
Address:______________________________
_____________________________________
Telephone (___)________________________
(Seal and Notarial Acknowledgment of Surety)
Redlands Regular meeting of 12-19-23 231 of 1429
BD 16

STATEMENT BY BIDDER

NON-COLLUSION AFFIDAVIT

STATE OF )
) ss

COUNTY OF )
, being first duly sworn, deposes and says that

he is
(Sole Owner, a Partner, President, Secretary, etc.)
of
(Contractor)
the party making the foregoing bid on PROJECT No. 253008 that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or of any other Bidder or to fix any overhead, profit, or cost element of the bid price or of that of another bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed contract; that all statements contained in such bid are true; and further, that the Bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

By: ______________________________ Title: ________________________________ Subscribed and sworn to before me this day of __________________________, 20 .

Signature of Officer Administering Oath
(Notary Public)
Redlands Regular meeting of 12-19-23 232 of 1429
BD 17

STATEMENT BY BIDDER
OFFICERS OF CORPORATION (Members of Firm)
The names of all persons interested in the foregoing proposals as principals, are as follows:
(IMPORTANT NOTICE - if Bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer and manager thereof; if a co-partnership, state true name of firm, also names of all individual co-partners composing firm; if Bidder or other interested person is an individual, state first and last names in full). _____________________________________ _____________________________________ _____________________________________ _____________________________________ _____________________________________ _____________________________________ Licensed in accordance with an act providing for the Registration of Contractors, License No. ______________________________________
Signature of Bidder Dated
NOTE: If Bidder is a corporation, the legal name of the corporation shall be set forth above, together with the signature of the officer(s) authorized to sign contracts on behalf of the corporation; if Bidder is a co-partnership, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership, and if the Bidder is an individual, that signature shall be placed above.

Redlands Regular meeting of 12-19-23 233 of 1429
BD 18

STATEMENT BY BIDDER

SUB-CONTRACTORS LIST
Bidder supplies the following information for any Subcontractor who will perform work or labor or render services to the prime contractor, etc. to be used on PROJECT No. 253008, all in accordance with Section 4104 of the California Public Contract Code.

LICENSED SUBCONTRACTOR’S NAME

AND BUSINESS ADDRESS
LICENSE #

SPECIFIC

DESCRIPTION

OF SUBCONTRACT
& BID ITEM #
% OF BID

ITEM TO BE

PERFORMED
Redlands Regular meeting of 12-19-23 234 of 1429
BD 19

STATEMENT BY BIDDER

QUALIFICATION AND EXPERIENCE STATEMENT
The following outline is a record of the undersigned Bidder's experience in construction of three (3) projects of a type similar in magnitude and character to that contemplated under PROJECT No. 253008 within the past two years. Include the location of each project as well as the name, address, and phone number of the owner, and name of individual to contact.

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

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

1. Owner's Name:

Contact Person: Phone: ( )
Address of Owner:

Project Description:

Amount of Contract: Completion Date:

2. Owner's Name:

Contact Person: Phone: ( )
Address of Owner:

Project Description:

Amount of Contract: Completion Date:

3. Owner's Name:

Contact Person: Phone: ( )
Address of Owner:

Project Description:

Amount of Contract: Completion Date:

Redlands Regular meeting of 12-19-23 235 of 1429
BD 20

STATEMENT BY BIDDER

GENERAL INFORMATION

1. Bidder's Mailing Address

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

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

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

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

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

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

8. Contracts currently on hand:

Agency Name Amount of Contract Start Date Completion Date

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

Name: Date:

Redlands Regular meeting of 12-19-23 236 of 1429
BD 21

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

Question
Number Details
Redlands Regular meeting of 12-19-23 237 of 1429

CONTRACT DOCUMENTS
(CD)
Redlands Regular meeting of 12-19-23 238 of 1429

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Redlands Regular meeting of 12-19-23 239 of 1429

PUBLIC WORKS CONSTRUCTION CONTRACT
Redlands Regular meeting of 12-19-23 240 of 1429
K:\RFP\RFP - Traffic Signal Design Cypress & Cajon\DESIGN\Specifications\Public Work Contract.PW-3.1(Work Days).doc

PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract (“Contract”) is made and entered into this ___ day of ____________, 2023, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter “City”), and __________________ (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”
In consideration of the mutual promises contained herein, City and Contractor agree as follows:

1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: Cajon Street and Cypress Avenue Traffic Signal Improvement Project, complete all items as required by the Contract Documents (as herein defined) and Specifications for City’s Cajon Street and Cypress Avenue Traffic Signal Improvement Project, Project No. 253008 (the “Work”).

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

3. TIME FOR COMPLETION: The Work shall be completed within One Hundred Twenty (120) working day(s) as defined in Section 1-2 of the Standard Specifications for Public Works Construction “Greenbook” from and after the date of City’s issuance of a Notice to Proceed to Contractor.

4. LIQUIDATED DAMAGES: Contractor’s failure to complete the Work within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of Five Hundred dollars ($500) for each working day as defined in Section 1-2 of the Standard Specifications for Public Works Construction “Greenbook” in excess of the specified time for completion of the Work. Execution of this Contract shall constitute agreement by City and Contractor that Five Hundred dollars ($500) per day is the estimated damage to City caused by the failure of Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs.

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

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

Redlands Regular meeting of 12-19-23 241 of 1429
K:\RFP\RFP - Traffic Signal Design Cypress & Cajon\DESIGN\Specifications\Public Work Contract.PW-3.1(Work Days).doc

7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of three hundred seventy five thousand dollars ($375,000) or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor.

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

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

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

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

Redlands Regular meeting of 12-19-23 242 of 1429
K:\RFP\RFP - Traffic Signal Design Cypress & Cajon\DESIGN\Specifications\Public Work Contract.PW-3.1(Work Days).doc IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above.

CITY OF REDLANDS
(SEAL)
By:____________________________________
Eddie Tejeda, Mayor
ATTEST:
____________________________________
Jeanne Donaldson, City Clerk
(SEAL)
__________________________________________
Name of Contractor
By:_______________________________________
Signature of Authorized Agent
__________________________________________
Title
__________________________________________
Signature of Authorized Agent (if necessary)
__________________________________________
Title
__________________________________________
Contractor's License No.

Redlands Regular meeting of 12-19-23 243 of 1429
K:\RFP\RFP - Traffic Signal Design Cypress & Cajon\DESIGN\Specifications\Public Work Contract.PW-3.1(Work Days).doc

WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities and Engineering Department
Cajon Street and Cypress Avenue Traffic Signal Improvement Project Project No. 253008
______________________
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
a. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. b. By securing from the Director of Industrial Relations, a certificate of consent to selfinsure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.

CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).
_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers’ compensation insurance.

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

Dated this day of , 2023.
_____________________________________
(Contractor)
_____________________________________
(Signature)
_____________________________________
(Official Title)
(SEAL)
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.)
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FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands (“City”), State of California, and ______________ (hereinafter designated as "Principal") have entered into an agreement dated _____, 2023 (“Agreement”) whereby Principal agrees to install and complete certain public improvements (the “Work”), which said Agreement is identified as Cajon Street and Cypress Avenue Traffic Signal Improvement Project, Project No. 253008 and is hereby referred to and made a part hereof; and Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Work, now, therefore, we, the Principal and, _____________________________, as Surety, are held and firmly bound unto the City in the penal sum of ________________________________ dollars ($_______________) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

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

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

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

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

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

2. Obtain a bid or bids for completing the Work in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the Redlands Regular meeting of 12-19-23 245 of 1429
K:\RFP\RFP - Traffic Signal Design Cypress & Cajon\DESIGN\Specifications\Public Work Contract.PW-3.1(Work Days).doc amount set forth above. The term “balance of the Agreement price,” as used in this paragraph, shall mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal.

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

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

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

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

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

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

In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on , 2023.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:___________________________________
__________________________________________
(Seal and Notarial Acknowledgment of
Surety)
Telephone ( )___________________________
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LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and ________________ (hereinafter designated as “Principal”) have entered into an agreement (the “Agreement”) whereby Principal agrees to install and complete certain designated public improvements (the “Work”), which said agreement, dated ____________, 2023, and identified as Cajon Street and Cypress Avenue Traffic Signal Improvement Project, Project No. 253008 is hereby referred to and made a part hereof; and
Whereas, under the terms of the Agreement, Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California.

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

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

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

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

In witness whereof, this instrument has been duly executed by the Principal and surety above named, on _______________________, 2023.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:_____________________________
(Seal and Notarial Acknowledgement of Surety) ____________________________________ Telephone: ( )___________________
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GP 3

GENERAL CONDITIONS
(GC)
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GC 1

GENERAL CONDITIONS
The Standard Specifications for Public Works Constructions, 2021 Edition (Greenbook), together with supplements as published by Building News, Inc., are modified herein and comprise the Standard Specifications. For convenience, the section and subsection numbering system used in these modifications correspond to those used in the Greenbook. Unless specifically deleted or modified herein, all requirements of the Greenbook shall prevail.

SECTION 1 – GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS,

UNITS OF MEASURE, AND SYMBOLS
1-2 TERMS AND DEFINITIONS.

Agency - Amend as follows:
“The legal entity (City) for which the Work is being performed.” Bidder - Amend as follows:
“Any individual, firm, partnership, corporation, or combination thereof, licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions Code, submitting a Bid for the Work, acting directly or through a duly authorized representative.” City. The City of Redlands, San Bernardino County, California, being the legal entity for which the Work is being performed. Also referred to as Agency or Owner.

City Council. The City Council of the City of Redlands, San Bernardino County, California, being the body authorizing entrance into legal agreements and allowing work in public right-ofway or on public property controlled by the City of Redlands. Also referred to as Board.

Engineer - Amend as follows:
“The City Engineer of the Agency, or other person designated by the City Engineer, acting either directly or through authorized agents.”
Fabricated. An item specifically assembled or made out of selected materials to meet individual design requirements.

Guarantee. See Warranty.

Laboratory. The designated laboratory authorized by the City of Redlands to test materials and work involved in the Contract.

Manufactured. A standard mass-produced unit or item meeting design requirements.

Owner. The City of Redlands, San Bernardino County, California.

Pavement. The uppermost layer of material placed on the traveled way or shoulder. Also referred to as surfacing.

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GC 2
Rain Day. A scheduled working day when you cannot perform work on the controlling activity for at least 50 percent of the day with at least 50 percent of the normal labor and equipment due to adverse weather-related conditions that cause the Contractor to dismiss the crew.

Street - Delete and replace with the following:
“Any road, highway, parkway, freeway, avenue, street, lane, alley, crossing, intersection, court, place, circle, walk, way, or any public right-of-way within the jurisdiction of the Agency.” Surety - Delete and replace with the following:
“An admitted corporate surety as listed by the United States Department of Treasury and duly licensed to conduct business in the State of California and County of San Bernardino and acceptable to the City of Redlands, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred.”
Warranty. An extended insurance by the Contractor, of any product or item of work installed as a part of this project for replacement and/or repair for the time period specified, including but not limited to, all parts, labor, materials, tools, equipment costs, etc. necessary for the product or item of work to be in proper and acceptable working condition after completion of the project. For the purposes of this Contract, the period of coverage shall begin on the date of the Notice of Completion filed by the Owner.

Working Hours. Unless specified otherwise, working hours shall be from 7:00 AM to 4:00 PM, Monday through Friday, inclusive. Saturdays, Sundays, and City Holidays, as shown on the current year Construction Schedule, are excluded unless authorized by the City. 1-7.2 CONTRACT BONDS. - Add the following sentence to paragraph 1:

The warranty provisions set forth in Section 7-18 shall be secured by the Contract Performance Bond required under this section and said Bond shall remain in full force and effect for a period of one year from the date of completion as specified in the Notice of Completion.

SECTION 2 - SCOPE OF THE WORK
2-2 PERMITS. - Amend the following:

Amend the first sentence of paragraph 1 as follows:
“The Contractor will obtain all permits necessary to perform the work in streets, highways, railways or other rights-of-way.”
Add the following sentence between the first and second sentences of paragraph 1:

For all work within Caltrans right-of-way, the Contractor shall obtain their own Caltrans Encroachment Permit and pay all necessary permit and inspection fees as required by Caltrans.

Add the following paragraph:

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GC 3
The Contractor shall, prior to the start of work, procure all permits and licenses, including but not limited to, a City Business License for itself, subcontractors, and all parties performing actions associated with this contract within the City of Redlands, City Truck Route Permit, City Street/Lane Closure Permit, City Encroachment Permit, USA Verification Number, DOSH Excavation Permit, other permits required by agencies and/or utilities having jurisdiction on the work, pay all charges and fees required by the City, other agencies and utilities, and give all notices necessary and incidental to the due and lawful prosecution of the work. All City permits associated with this project are no fee to the Contractor.

SECTION 3 - CONTROL OF THE WORK
3-7 CONTRACT DOCUMENTS.
3-7.1 General. – Add the following paragraphs:

Contractor’s working drawings or plans for any structure not included in the plans shall be approved by the Engineer before any work is performed. It is mutually agreed that approval by the Engineer of the Contractor’s working plans does not relieve the Contractor of any responsibility for accuracy of dimensions and details, and that the Contractor shall be responsible for agreement and conformity of their working plans with the approved plans and specifications.

Finished surfaces in all cases shall conform with the lines, grades, cross sections, and dimensions shown on the approved plans. Deviations from the approved plans will be determined by the Engineer and approved in writing. In the event of a discrepancy between any drawing and the figures written thereon, the figures shall be taken as correct.

Should it appear that the work to be done or any matter thereto is not sufficiently detailed or explained by the plans and specification, the Contractor shall apply to the Engineer for such further explanation as may be necessary and shall conform to such explanation or interpretation as part of the Contract so far as may be consistent with the intent of the original plans and specifications. 3-7.1.1 Preconstruction Meeting. The Contractor to whom the contract is awarded, and all his major subcontractors, shall attend a pre-construction meeting. The time and location of said meeting will be set by the City. Contractor will be given adequate notice of such meeting. It shall be the Contractor's responsibility to notify his subcontractors of the time and location of the meeting. All submittals as required under the General Requirements shall be submitted by the Contractor at the time of the meeting.

The Contractor will be provided with an electronic (.PDF file) of the conformed plans and specifications for their use throughout the project. Contractor is responsible for all costs of reproduction.

Progress meetings will be scheduled by the City. The Contractor will be given at least five working days notice of the time and location of said meetings. The Contractor has the responsibility of notifying his subcontractors, suppliers, and fabricators of the time and location of said meetings.

Meetings will be held either at the job site, at the offices of the City of Redlands, or at any other location approved by the City. The Contractor may request, in writing, that a meeting be held.

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GC 4
The City will schedule a meeting at the Contractor’s request not more than five working days after receiving said written notice.
3-7.2 Precedence of Contract Documents. – Replace paragraph 2 with the following:

The precedence shall be (A. being highest, O. being lowest):

A. Permits from other Agencies as may be required by law.

B. Change Orders.

C. Contract.

D. Addenda.

E. Bid Schedule/Proposal.

F. General Requirements.

G. Technical Specifications.

H. Plans.

I. MUED General Permit Conditions and Trench Specifications.

J. City of Redlands Water & Sewer Systems Standard Specifications.

K. General Conditions.

L. City of Redlands Standard Specifications and Detail Drawings for Design and Construction of Public Improvements and all Supplements
M. Standard Specifications for Public Works Construction (SSPWC), 2018 Edition N. Standard Plans for Public Works Construction, 2012 Edition O. Reference Specifications.
3-8.7 Record Drawings. The Contractor shall maintain at the job site, a set of record drawings for the work showing: exact location information of all existing underground utilities encountered, final locations determined in the field, any deviations from the plans and specifications and new work performed within the work area; and all differences between the work as drawn and as installed for all concealed work as well as work added which is not shown on the drawings. Concealed work shall mean all work installed underground or in an area which cannot be readily inspected by use of access panels, inspection plates or other removable features. When vacuum excavation (potholing) services are required, contractor to provide report that identifies depth and alignment of underground utilities.

These record drawings shall be kept current and legible, and shall be available for inspection at all times by the Engineer, Architect and Contractor. All information, changes in the work or work added on these record drawings shall be marked in red. All markings shall use the same legends that are used on the drawings. Indicate locations by exact dimensions and elevations. Give dimensions and elevations from a permanent reference point and prepare all changes to scale.

At the end of construction, the contractor shall prepare one set of marked-up prints of the record drawings indicating any and all revisions and changes to the drawings reflecting As-Built conditions.

The drawings shall also contain a listing of all subcontractors who worked on the construction project.

The As-Built drawings will be submitted to the Municipal Utilities and Engineering Department for review and approval by the City Inspector and Engineer.

The design engineer or City staff shall prepare the final As-Built drawings for record purposes in one of the following two ways: (1) Check out the original drawings from the City and manually revise the drawings to reflect the As-Built condition; or (2) Re-plot the original drawings electronically on 4 mil Redlands Regular meeting of 12-19-23 253 of 1429
GC 5
mylars and make revisions electronically to reflect the As-Built conditions. The final As-Built drawings will be reviewed and approved by the City Inspector and Engineer The construction related bonds will not be released by the City until the As-Built drawings are accepted by the Engineer and all City stipulated conditions for the release of the bonds have been satisfied.
3-10 SURVEYING.
3-10.3 Line and Grade. - Add the following sentences to paragraph 1:

All distances and measurements shown are and will be made in a horizontal plane. Construction line and grade staking shall be set at maximum intervals of 25 feet when the grade is 0.50 percent or greater. Construction line and grade staking shall be set at maximum intervals of 12 feet when the grade is less than 0.50 percent.
3-10.4 Permanent Survey Markers.

The Registered (licensed) Land Surveyor or Registered Civil Engineer authorized to practice land surveying in accordance with all provisions of Section 8771 of the Business and Profession Code shall be hired as a subcontractor or employed by the Contractor. 3-10.5 Survey Service.

Contractor shall be responsible for: furnishing all surveying and staking, horizontal and vertical, as shown on the plans and in accordance with the specifications; furnishing all staking for sub-grade and base course grades per typical sections; replacing any existing monuments and ties which have been destroyed by construction; identifying, locating and tying out all monuments and ties necessary within the work area; and shall reinstall all disturbed monuments and ties, supplying the Engineer with copies of monument and tie sheets recorded with the County Surveyor in accordance with applicable State law. Monuments shall be approved by the Engineer.

Surveying and staking shall be done by a Registered (licensed) Land Surveyor or Registered Civil Engineer authorized to practice land surveying in accordance with all provisions of Section 8771 of the Business and Professions Code.

Unless otherwise specified, stakes will be set and stationed by the Contractor’s surveyor for curbs, headers, sewers, storm drains, structures, rough grade and all other staking necessary for the construction of the work. A corresponding cut or fill to finished grade (or flowline) will be indicated on a grade sheet to be supplied to the Engineer. The Contractor shall dig all holes necessary for line and grade stakes.
3-13 COMPLETION, ACCEPTANCE, AND WARRANTY.
3-13.2 Acceptance. - Add the following paragraphs:

The Contractor shall submit written assertion that the work has been completed prior to the Engineer making final inspection. The Engineer will have 48 hours to inspect the work. If the Engineer determines that the work is not complete, written notice will be given.

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GC 6
Until final acceptance of work by the Engineer, the Contractor shall have charge and care thereof from damage caused by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damage to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof.

All work which has been rejected shall be remedied or removed and replaced by the Contractor at their expense with work conforming to the plans and specifications. Any defective material or workmanship which may be discovered before final acceptance or within one year from the date of final acceptance shall be immediately corrected by the Contractor at their expense, notwithstanding that it may have been overlooked in previous inspections and estimates. Failure to inspect work at any stage shall not relieve the Contractor from any obligation to perform sound and reliable work as herein described. It is the Contractor’s ultimate responsibility to deliver a complete, operational project that complies in all details with these specifications, at the time of final acceptance.

Any omission or failure on the part of the City to discover or notify the Contractor of or to condemn defective work or material at the time of construction shall not be deemed as acceptance, and the Contractor will be required to correct defective work or material prior to final acceptance.

The City will endeavor to locate any errors or defective materials or workmanship and call them to the attention of the Contractor prior to subsequent work being performed. However, the City is under no obligation to do so and shall not be held liable because errors or defective material or workmanship by the Contractor are not discovered prior to subsequent work.

Nothing in this section shall be construed to limit the rights of the City to immediately correct conditions which are unsafe or which pose a public health nuisance. Should said corrections later be found to be caused by defective material and/or workmanship, the Contractor and their surety shall reimburse the City for costs reasonably incurred while attending the situation.

In the event it is necessary for the City to file suit to enforce any liability of the Contractor pursuant to this Section, the City shall be entitled to recover from the Contractor, in addition to all other amounts found due and owing, costs of suit and reasonable expenses and fees including reasonable attorneys’ fees incurred by the City in successfully enforcing the Contractor’s obligation, all to be taxed as costs and included in any judgment rendered.
3-13.3 Warranty. - Amend the following:

Amend the first sentence of the paragraph 3:
“The warranty period for specific items covered under manufacturers’ or suppliers’ warranties shall commence from the date of the final acceptance, except where longer warranty periods are specified.” Add the following paragraphs:

All start-up and testing shall be complete, approved and accepted before final acceptance, substantial completion, or beneficial occupancy.

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GC 7
The warranty provided herein shall not be in lieu of, but shall be in addition to any warranties or other obligations otherwise imposed by the specifications or by law. The remedies provided herein shall not be exclusive and the City shall be entitled to any and all remedies provided by law. 3-14 INSPECTION.

The Contractor shall notify the Engineer at least 24 hours in advance before inspection is required.

Whenever the Contractor varies the period during which work is carried on each day, due notice shall be given to the Engineer so that proper inspection may be provided. Varied working hours may be allowed only upon written authorization from the Engineer.

Work financed in whole or in part with funds from another public entity or performed within the jurisdiction of another public entity shall be subject to inspection at all times by authorized representatives of that entity.

The work shall be ready for inspection, whether by City, other public entities or independent testing laboratories, at the scheduled times arranged by the Contractor. If, in the City’s sole judgment, the work is not ready and the inspection must be rescheduled, the Contractor shall be notified. The Contractor shall reschedule the inspection and provide the proper 24 hour notification for the rescheduled inspection. Any costs incurred by the City for rescheduled inspections shall be reimbursed prior to the release of Bonds.

In order to allow for inspection, the Contractor shall notify the City’s inspector sufficiently in advance of the permanent concealment of any materials or work. The City’s inspector shall make the appropriate notifications to other public entities and independent testing laboratories for inspections.

All inspections required in the specifications for this project shall be coordinated through the City’s inspector.

If any work is concealed or performed without the prior notice specified, the work shall be subject to such tests or exposure as may be necessary to prove to the City, Architect and Engineer, that the materials used and the work performed are in conformity with the drawings and specifications. All labor, tools, materials and equipment necessary for exposing and testing shall be furnished by the Contractor at their expense. The Contractor shall replace at their expense, any materials or work damaged by exposure or testing.

Overtime inspection may be requested by the Contractor. Overtime inspection includes but is not limited to, any hours worked outside of the inspector’s normal working hours including weekends and holidays. Such requests shall be on a case-by-case basis as determined by the Engineer. If the Engineer so determines and approves, overtime inspection shall be paid for by the Contractor at the current City billing rate at the time of request or as billed by other public entities or independent testing laboratories. Any costs incurred by the City for overtime inspection shall be reimbursed prior to the release of Bonds.

SECTION 4 - CONTROL OF MATERIALS
4-1 GENERAL. - Delete and replace with the following:

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GC 8
Should any work performed or material furnished under the Contract prove defective or not in accordance with the Plans and Specifications and in the opinion of the Engineer such defect is not of sufficient magnitude or importance to make the work dangerous or unusable, or if the removal of such work is impracticable or will create dangerous or undesirable conditions, the Engineer at his discretion shall have the right and authority to retain such work instead of requiring it to be removed and reconstructed, but he shall make such deductions therefore in the payment due the Contractor as may be just and reasonable.
4-1.1 Warranty of Title. No materials, supplies or equipment for the work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants clear and good title to all materials supplied and equipment installed and incorporated in the work and agrees, upon completion of all work, to deliver the premises, together with all improvements and appurtenances constructed or placed thereon by him, to the Owner free from any claims, liens, encumbrances or charges, and further agrees that neither he nor any person, firm, or corporation furnishing any material or labor for work covered by the Contract shall have any right to a lien upon the premises or any improvement or appurtenance thereon, provided that this shall not preclude the Contractor from installing metering devices or other equipment of utility companies the title of which is commonly retained by the utility company. Nothing contained in this article, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond given by the Contractor for their protection, or any right under any law permitting such persons to look to funds due the Contractor, which are in the hands of the Owner. 4-1.2 Clayton Act. In submitting a bid to the City, if the bid is accepted the Contractor agrees it will assign to the City all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Section 15) or under the Cartwright Act (chapter 2 [commencing with Section 16700] of Part 2 Division 7 of the Business and Professionals Code), arising from purchases of goods, materials, or services by the Bidder for sale to the City pursuant to the bid. Such assignment shall be made and become effective at the time the City tenders final payment to the Bidder.

SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITES
5-1.1 CONTRACTOR’S EQUIPMENT AND FACILITIES.

A noise level limit of 86 dbA at a distance of 15 m (50 feet) shall apply to all construction equipment on or related to the work whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided, except in those cases required for the protection of personnel. 5-1.2 General.

The enclosed toilets required by this section shall be located within an approved yard, if one is acquired by the Contractor. If a yard is not acquired by the Contractor or the project is not within a City owned property, the toilets must be installed on a trailer and removed from the jobsite each day.

At no times shall toilets be stored within the public right of way outside of working hours. 5-3 LABOR. - Amend the following:

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GC 9
5-3.1 General. - Add the following paragraphs:

Employment of apprentices are required on projects of $30,000 or more. Provisions in Sections 1777.5 of the California Labor Code fixes responsibility of compliance with that section for all apprenticeable occupations with the Contractor. Section 1777.5 provides that the Contractor and every Subcontractor shall submit contract award information to the applicable joint apprenticeship committee. One apprentice hour for every five journeymen hours worked is the minimum State requirement applicable to each apprenticeable trade. Section 1777.7 of said Labor Code provides that the Contractor shall forfeit as a civil penalty the sum of one hundred dollars ($100.00) for each calendar day of noncompliance with provision of said Section 1777.5.

The Contractor will observe all applicable health and safety requirements, including, but not limited to the California and Federal Occupational Safety and Health Acts. The Contractor shall submit for review by the City a Site Specific Health and Safety Plan prior to the commencement of construction activities. This Plan shall meet or exceed the requirements of 29 CFR 1910.120. 5-3.2 Prevailing Wages. - Add the following paragraphs:

Contractors are hereby notified that pursuant to Section 1770 of the Labor Code of the State of California, the City Council of the City of Redlands, California, by Resolution No. 2326, has ascertained the general prevailing rate of hourly wages and rates for legal holidays and overtime work in the locality where this work is to be performed, for each craft or type of workman or mechanic needed to execute the Contract which will be awarded to the successful Bidder. The Contractor shall comply with Sections 1770 to 1780 inclusive of the Labor Code and Master Labor Agreement of Southern California.

The Contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this Contract in full less legally required deductions and also deductions made pursuant to the regulations prescribed under the so-called “Kick- Back Statute” (48 Sta. 948; U.S.C. 875; 40 U.S.C. 276c).

In accordance with Section 1775 of the California Labor code, Contractor shall forfeit to City, as a penalty, a minimum of $40 for each day, or portion thereof, and a maximum of $200 for each day, or portion thereof, for each worker paid, either by Contractor, or any subcontractor, less than the prevailing rates as determined by the Director of the California Department of Industrial Relations for the work.

Contractor further agrees to fully comply with all applicable provisions of the California Labor Code including but not limited to Sections 1771, 1775, 1776, 1777.5, 1813 and 1815. Failure to abide by prevailing wages and laws by Contractor will be enforced.

The Contractor or subcontractor shall, as a penalty, to the State or political subdivision on whose behalf the contract is made or awarded forfeit twenty-five ($25) dollars for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any calendar work in violation of Labor Code section 1813. 5-3.3 Payroll Records. – Delete and replace with the following:

Redlands Regular meeting of 12-19-23 258 of 1429
GC 10
The contractor and subcontractors shall submit electronic certified payroll on a weekly basis to the City of Redlands through LCPtracker. LCPtracker is a web-based labor compliance management system. The Prime Contractor and Subcontractors and lower-tier Subcontractors will receive an email from LCPtracker providing their log-on identification and temporary password. The Contractors will need to follow the instructions in the email to set-up their permanent password and activate their account. Once their account is setup, LCPtracker Inc. provides either computer based or web based training. Training can be accessed via the “Book Now” button located under the “Projects” tab. The prime contractor shall submit their certified payroll, along with any subcontractor who is performing any labor, on a weekly basis. The prime contractor is responsible for all communication with their subcontractors and shall submit their subcontractor’s certified payroll as part of their weekly payroll packet. All labor compliance correspondence and submissions will be made through the LCPtracker software.

All certified payroll shall be submitted no later than 7 days from the close of the pay period. The payroll records shall set out accurately and completely the name, social security number, classification and hourly wage rate of each employee, hours worked by employee during the payroll period and a full weekly wages and the actual weekly wages paid to the employee. Such certified payroll records shall be made available at all time for inspection by the City, the Department of Industrial Relations, the Department of Labor or authorized representatives within ten days of request. The contractor and subcontractor shall preserve weekly payroll records for a period of three (3) years from the date of completion of the Contract. In case on noncompliance with said Section 1776 and after a ten-day period following receipt of written notice, the Contractor shall forfeit to the California Department of Industrial Relations one hundred dollars ($100.00) for each calendar day or portion thereof, for each worker in non-compliance, until compliance is effectuated.

In order to meet labor compliance requirements, all contractors will be required to complete eDocuments which are accessed, submitted and approved through LCPtracker. All eDocuments are required to be signed by an owner/officer or authorized signer. The Prime Contractor and each Subcontractor and every lower-tier Subcontractor and any Vendors subject to this provision shall comply with Title 8, Section 16404 of the California Code of Regulations.

A Fringe Benefit Statement shall be submitted with the first payroll and is required for both the prime contractor and any subcontractors. A new Fringe Benefit Statement will be required when general determinations are issued in February and August. Please refer to the DIR website for additional details. Any weeks where no work was performed must be represented by the submittal of a Statement of Non-Performance covering the 7 day pay period where no hours were worked on the site. Final payroll on the project should state “Final” on the certified payroll, and must be marked as such in the LCPtracker system.

Failure by the Contractor to comply with the aforementioned requirements shall result in withheld progress payments until such time certified payroll documents have been received, reviewed, and accepted by the City. The City reserves the right to seek assistance from the State Department of Industrial Relations in determining the acceptability of certified payroll submittals before release of withheld progress payments. Prior to the release of retention monies, all certified payroll must be submitted on the project and any outstanding issues that may have occurred throughout the project must be resolved.

Redlands Regular meeting of 12-19-23 259 of 1429
GC 11
5-4 INSURANCE. - Delete Section 5-4.1, Section 5-4.2 and replace with the following:

Before entering into a Contract, the Bidder to whom the Contract has been awarded shall furnish satisfactory evidence that they have secured all required insurance from a responsible insurance company authorized to do business in California and satisfactory to the City, and such insurance shall be maintained in full force and effect at the Contractor's own expense during the life of the Contract.

Contractor shall furnish the City with the customary Certificates of Insurance for all required insurance listed below. General Liability Insurance shall name the City and the Consultant, as an additional insured and shall be primary and non-contributing to any insurance or self-insurance maintained by the City. All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered mail, return receipt requested, giving sufficient time before the date thereof to comply with any applicable law or statute, but in no event less than forty five (45) days before expiration or cancellation is effective.

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

TIER 1 DESIGNATED INSURANCE REQUIREMENTS
a. Commercial General Liability
➢ $1 Million Per Occurrence/ $2 Million Aggregate
▪ City listed as an Additional Insured on the coverage
▪ Coverage is primary and non-contributory
CONTRACTED OPERATIONS DESIGNATED AS TIER 1
Air Conditioning (HVAC)
Systems (installation)
Electric Light or Power Line
Construction Pipeline Construction
Airport Runways (paving,
repaving, etc.) Elevator Work Roofing
Blasting Operations Excavation Sandblasting
Bridge or Elevated Highway
Construction
Fire Suppression Systems
(installation)
Sewer and Water Main
Construction
Buildings Structural Work
(including elevators)
Gas Mains or Connections
Construction Sign Erection (streets)
Building Structure (raising or
moving) Geophysical Exploration Solar Energy
Cable Installation in Conduits and
Conduit Construction (streets) Grading of Land Street Cleaning Caisson or Cofferdam Work Hazardous Materials Contractors Street or Road Construction Dam or Reservoir Construction Irrigation or Drainage
Construction
Tank Construction, Installation,
Erection or Repair
Demolition (structures) Landscape Construction (street or street medians)
Telephone or Cable Line
Construction
Drilling Painting (exterior greater than
single story)
Tree Pruning, Dusting, Spraying
or Removal
Redlands Regular meeting of 12-19-23 260 of 1429
GC 12
▪ If scope of work is within 50 feet of any railroad, endorsement citing inclusion of liability associated with this work is required
▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission b. Business Auto Liability
➢ $1 Million Combined Single Limit
▪ City listed as an Additional Insured on the coverage
▪ Must include liability arising from all owned, leased, hired, and non-owned autos ▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission ➢ If Contractor or its subcontractors or suppliers haul hazardous material (including, without limitation, waste), Auto Liability insurance must be applicable to all hazardous waste hauling vehicles, and include MCS 90 and CA9948 Endorsements. c. Commercial Umbrella/ Excess Liability
➢ $5 Million Per Occurrence/ Aggregate
▪ City listed as an Additional Insured on the coverage
▪ Coverage is primary and non-contributory
▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission d. Workers Compensation
➢ $1 Million Per Occurrence for Bodily Injury by Accident ➢ $1 Million Each Employee for Bodily Injury by Disease ➢ $1 Million Policy Limit for Bodily Injury by Accident ▪ Waiver of Subrogation in favor of City
▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission e. Pollution Policy (Hazardous Materials) [If Applicable] ➢ Required of Projects that involve Demolition and/or Excavation Activities ➢ $1 Million Per Occurrence/ $2 Million Aggregate
➢ City listed as an Additional Insured on the coverage
CONTRACTED OPERATIONS DESIGNATED AS TIER 2
Air Conditioning (HVAC) Systems
(service and repair) Carpentry (building interiors) Fire Suppression Systems (service and repair) Alarms and Alarm Systems Communications Equipment
Installation (interior) Landscape Construction
Building Interior Work (service,
repair and non-structural
remodeling)
Driveway, Parking Area or
Sidewalk (paving or repaving) Painting (exterior)
Cable Installation in Conduits
(buildings) Fence Erection All Other Job Types including Vendors Redlands Regular meeting of 12-19-23 261 of 1429
GC 13
TIER 2 DESIGNATED INSURANCE REQUIREMENTS
a. Commercial General Liability
➢ $1 Million Per Occurrence/ $2 Million Aggregate
▪ City listed as an Additional Insured on the coverage
▪ Coverage is primary and non-contributory
▪ If scope of work is within 50 feet of any railroad, endorsement citing inclusion of liability associated with this work is required
▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission b. Business Auto Liability
➢ $1 Million Combined Single Limit
▪ City listed as an Additional Insured on the coverage
▪ Must include liability arising from all owned, leased, hired, and non-owned autos ▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission ➢ If Contractor or its subcontractors or suppliers haul hazardous material (including, without limitation, waste), Auto Liability insurance must be applicable to all hazardous waste hauling vehicles, and include MCS 90 and CA9948 Endorsements. c. Workers Compensation
➢ $1 Million Per Occurrence for Bodily Injury by Accident ➢ $1 Million Each Employee for Bodily Injury by Disease ➢ $1 Million Policy Limit for Bodily Injury by Accident ▪ Waiver of Subrogation in favor of City
▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission d. Pollution Policy (Hazardous Materials) [If Applicable] ➢ Required of Projects that involve Demolition and/or Excavation Activities ➢ $1 Million Per Occurrence/ $2 Million Aggregate
➢ City listed as an Additional Insured on the coverage
Contractor expressly waives all rights to subrogation against the City, its officers, employees and volunteers for losses arising from work performed by Contractor for City by expressly waiving Contractor’s immunity for injuries to Contractor’s employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extend to any claim brought by or on behalf of any employee of Contractor. This waiver is mutually negotiated by the parties. This shall not apply to any damage resulting from the sole negligence of City, its agents and employees.

To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless are valid and enforceable only to the extent of the negligence of contractor, its officers, agents and employees.

Redlands Regular meeting of 12-19-23 262 of 1429
GC 14
Subcontractors. The prime contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements from each subcontractor.

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

The Contractor shall be fully responsible to the City for the acts and omissions of the subcontractor and persons either directly or indirectly employed by the Contractor. Consent to subcontracting part of the work shall, in no way, release the Contractor from responsibility for performance of the work, and Contractor will be held, in all respects, accountable for the same as if no consent had been given.

The Contractor shall give personal attention to this work which is sublet. Nothing contained in the contract documents shall create any contractual relation between any subcontractor and the City.

Hold Harmless and Indemnification. Contractor shall indemnify, hold harmless and defend City and its elected officials, agents and employees and the Consultant from and against any and all claims, losses or liability, including attorney’s fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure to act of Contractor, its subcontractors, and any officers, agents and employees in performing the work required by this Agreement. Contractor’s obligations under this provision shall not be limited in any way by any terms of this Agreement, or the insurance limits.
5-4.3 Worker’s Compensation Insurance. - Delete and replace with the following:

A. Contractor shall have worker’s compensation and employer’s liability insurance in force throughout the duration of the contract in an amount which meets the statutory requirement with an insurance carrier acceptable to the City. The insurance policy shall include a provision prohibiting cancellation of said policy except upon forty-five (45) days prior written notice to City. Certificates of Insurance shall be delivered to the City at the time of the Contractors’ execution of the agreement.

B. Contractor expressly waives all rights to subrogation against the City, its officers, employees and volunteers for losses arising from work performed by Contractor for City by expressly waiving Contractor’s immunity for injuries to Contractor’s employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extend to any claim brought by or on behalf of any employee of Contractor. This waiver is mutually negotiated by the parties. This shall not apply to any damage resulting from the sole negligence of City, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless are valid and enforceable only to the extent of the negligence of contractor, its officers, agents and employees. 5-6 PATENT FEES OR ROYALTIES. Delete and replace with the following:

The Contractor shall include in its Bid the patent fees or royalties on any patented article or process which may be furnished or used in the Work. The Contractor shall indemnify and hold the City harmless from any legal action that may be brought for infringement of patents. The Contractor’s Redlands Regular meeting of 12-19-23 263 of 1429
GC 15
attention is directed to “Notice of Patents, Data, and Copyright Regulations” of the Federal Labor Standards.

The Contractor shall bear all costs arising from the use of patented goods and/or processes used on and/or incorporated into the Work. When use of these goods and/or processes is judged to be an infringement and the use is banned, the Contractor, at its own expense, shall, with concurrence of the Engineer, do one of the following:

A. Secure for the City the right to continue using goods and/or processes by suspension of the injunction or by procuring a license(s);
B. Replace said goods and/or processes with non-infringing goods and/or processes; C. Modify said goods and/or processes so that they become non-infringing; or D. Remove said goods and/or processes and refund the sum paid therefore without prejudice to any other rights of the City.

The preceding shall not apply to any goods manufactured to the detailed design of the City contained in the Contract Documents.
5-7 SAFETY.
5-7.1 Work Site Safety.
5-7.1.1 General. - Amend the following:

Add the following sentences to paragraph 1:

Should watering be the sole method utilized for roadway dust abatement purposes, the maximum time interval that shall elapse between applications thereof shall be no greater than 3 hours during normal working day, supplemented by an additional application thereof immediately prior to the conclusion of the workday and at such other times as may be required, including evenings, weekends and holidays as required by the Engineer. Should the Contractor be unable to furnish dust abatement as specified, the City may perform or cause to be performed the necessary service, the expense of which will be deducted from the payment due the Contractor.

Add the following paragraphs:

To insure the protection of storm drain inlets, Best Management Practices (BMPs) shall be employed during cleanup and dust control operations. Refer to Section 7-8.6.

Compliance with this section is of extreme importance to the City and its citizens. The City may fine the Contractor $1,000 per incident if there are issues with dust, mud, unused equipment or materials and rubbish within the construction area that result in citizen complaints. A 24 hour notice shall be issued to the Contractor and failure to correct the problems will result in the fine being levied. This fine will be in addition to those fines potentially charged for NPDES violations.

Redlands Regular meeting of 12-19-23 264 of 1429
GC 16
5-8 AIR POLLUTION CONTROL.

Dust control shall be performed in accordance with Subsection 7-8 of the Standard Specifications, South Coast Air Quality Management District (SCAQMD) Rule 403, the general Provisions and the following Provision.

Dust resulting from the Contractor’s performance of the work, either inside or outside, the right-ofway shall be controlled by the Contractor. Dust control includes the action necessary to prevent, reduce or control dust within the work area as required to complete the work. The Contractor shall carry out proper and efficient measures to prevent his operations from producing dust in amounts damaging to property or causing a nuisance, or harm to persons living nearby or occupying buildings in the vicinity of the work. The Contractor shall control dust 24 hours a day, seven days a week. The methods to be used for controlling dust in the construction area and along haul roads shall be approved by the Engineer prior to starting any work. The Rule 403 Implementation Handbook published by the SCAQMD, contains a detailed listing of reasonably available dust control measures.

Dust control ordered by the Engineer to be applied on Saturdays, Sundays or holidays will be included in the Contract price for dust control and no additional compensation will be allowed therefore.

The full compensation for all direct and indirect costs incurred for work performed or materials used to control dust resulting from the Contractor’s performance of the work and caused by public traffic, either inside or outside the right-of-way shall be considered as included in the Contract prices paid for the various items of work involved and no additional compensation will be allowed therefore. 5-9 STORAGE OF EQUIPMENT AND MATERIALS.

The Contractor shall be required to provide and maintain as necessary, any additional property required for storage of equipment, materials, etc., to perform work on this project. Should the additional property be located within the city limits of the City of Redlands, the Contractor shall obtain written approval from the City of Redlands Development Services Department and comply with all conditions set therein prior to use. When private property is used for a yard area, the Contractor shall also secure written authorization from the private property owner and supply a copy of such to the City before any monthly progress payment is submitted. Contractor to propose designated areas of the project site, upon approval by the Engineer, suitable for material delivery, storage, and waste collection.

The Contractor shall ensure the construction yard adheres to all local, State and Federal regulations, ordinances, codes and maintained in a neat and orderly manner throughout the duration of the project.

The contractor shall include the construction yard in the Erosion Control Plan or SWPPP and shall be inspected and approved prior to use of the yard. If at any time during the project the location of the construction yard changes from the approved site, the City shall be notified prior to relocation for inspection and approval. Should the Contractor fail to comply with these conditions, the Engineer may suspend the work per SSPWC section 6-3 until the condition is corrected.

At the end of the project or as required, the Contractor shall: clean up and remove all trash and debris, including all organic trash and debris; clean up and remove all hazardous and biochemical wastes Redlands Regular meeting of 12-19-23 265 of 1429
GC 17
from the property to the satisfaction of the agency (City, County, State, or Federal) charged with overseeing these items; and provide to the City a written release from the private property owner that they are satisfied with all clean up and removal work.
5-9.1 Storage in Public Streets.

Construction materials and equipment shall not be stored within public streets or right of way without prior approval from the City. In order to seek approval, Contractor shall submit a location map with all equipment or materials identified including size, duration and any BMP’s installed and provide at least 7 days for review by the City.
5-10 WATER POLLUTION CONTROL.

The Contractor shall follow the City's guidelines for Storm Water Pollution Prevention in providing storm water pollution control at the project site, including the implementation of approved Erosion/Sediment Control Plans during construction as well as the implementation of approved Water Quality Management Plans.

Construction activities disturbing 1 acre or more of land shall comply with the State Water Resources Control Board’s NPDES General Construction Storm Water Permit. A copy of the Notice of Intent (NOI) to include the Waste Discharge Identification (WDID) number shall be submitted as part of the Storm Water Pollution Prevention Plan (SWPPP) to the Engineer for review. Call (909) 782- 4130 for NOI/WDID information.

All projects requiring grading shall submit to the City for review and approval an Erosion/Sediment Control Plan and a Grading Plan. Permit(s) will not be issued until plans are approved and may be revoked if work required in these specifications are not complied with.

Construction sites shall be maintained by implementation of BMPs in such manner that pollutants are not discharged from the site to the maximum extent practicable. A few references available to help with selection and implementation of applicable BMPs are:

1. California Storm Water Best Management Practice Handbook, American Public Works Association, March 1993;

2. The Construction Site Best Management Practices Manual, November 2000;

3. Storm Water Pollution Prevention Plan and Water Pollution Control Program Preparation Manual, November 2000;

4. California Regional Water Quality Control Board’s San Francisco Bay Region, Guidelines for Construction Projects; and

5. California Regional Water Quality Control Board’s San Francisco Bay Region, Erosion and Sediment Control Field Manual, July 1999.

All discharges into the storm drain system are prohibited except for potable water, properly treated discharge, and those discharges specifically approved by the Engineer. The following are some of the prohibited discharges:

Redlands Regular meeting of 12-19-23 266 of 1429
GC 18

1. Discharges that could have an impact on human health or the environment, cause or threaten to cause pollution, contamination, or nuisance;

2. Discharges that exceed any applicable water quality standard contained in a statewide Water Quality Control Plan or local Basin Plan; and

3. Discharges containing hazardous substances equal to or in excess of a reportable quantity listed in Federal regulations 40 CFR, Parts 117 and 302.

Materials that can cause or contribute to pollution or a violation of any applicable water quality standard include, but are not limited to: sediments; solid or liquid chemical spills; wastes from paints, stains, sealants, glues, limes, pesticides or herbicides and wood preservatives or solvents; asbestos fibers, paint flakes or stucco fragments; fuels, oils, lubricants or hydraulic, radiator and battery fluids; fertilizers; vehicle and equipment wash water or concrete wash water; concrete, detergent or floatable wastes; wastes from any engine and equipment steam cleaning or chemical degreasing; and chlorinated potable water line flushings.

Unless exempted or authorized by an NPDES permit, all non-storm water discharges require prior approval by the Engineer or the State Water Resources Control Board with Engineer approval.

During construction, temporary storage of such materials as identified above, must occur in a designated area physically separated from potential storm water runoff, with ultimate disposal in accordance with local, state and federal requirements.

De-watering of contaminated groundwater or discharging contaminated soils via surface erosion is prohibited.

Unless indicated otherwise by the Engineer, all projects, regardless of size, shall submit for review and approval, a Water Quality Management Plan (WQMP). The WQMP shall consist of post construction BMPs which shall remain in effect throughout the life of the facility. Refer to WQMP guidelines.
5-11 TEMPORARY LIGHTS, POWER AND WATER.

Any water drawn from a City fire hydrant shall be via a City owned water meter. Said meter may be obtained from the Municipal Utilities & Engineering Department. Contractor is responsible for payment of a $1200 deposit fee. Said meter shall be returned in a condition like received, less normal wear and tear. All meters are loaned subject to the conditions of the Fire Hydrant Construction Meter Water Service Application. Contractor must provide proposed location of meter and notify Customer Service at (909) 798-7516 each time the meter is relocated during construction. Water reasonably used in connection with the construction contract will be provided at no cost to the Contractor. Water use determined to be wasteful or unreasonable will be charged for at the prevailing rate. 5-12 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS.

The Contractor shall relocate, re-establish, repair or replace all existing improvements within the work limits or right-of-way which are not designated for removal (e.g., sprinkler systems, curbs, sidewalks, Redlands Regular meeting of 12-19-23 267 of 1429
GC 19
driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations.

Relocations, re-establishments, repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension.

All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing or reestablishing existing improvements shall be included in the Bid.

The Contractor shall be responsible for the maintenance of the streets and roadways to be used by public and local traffic through and adjacent to the construction zone, from the date of "Notice to Proceed" until the date of acceptance of the completed construction improvements.

Street maintenance shall include filling of potholes, grading of subgrade and base, replacing signs, installing interim pavement striping and markers on the project streets and other side streets within the construction zone. Street maintenance shall also include sweeping and washing of streets, adjacent and connected to the construction zone on a weekly, or more frequent schedule, to prevent the accumulation of dust, dirt, gravel or other deleterious materials, all as necessary to maintain the construction roadways and adjacent streets in a safe, clean and drivable condition for use by public and local traffic.

Upon request from the City for information pertaining to a claim against the contractor, contractor shall provide a written/email response, including all requested information, within 14 calendar days of City’s request. If a response with all requested information is not provided to the City within 14 calendar days, a penalty of $500 per calendar day will be assessed to the Contractor by the City. 5-13 PUBLIC CONVENIENCE AND SAFETY.
5-13.1 General.

The Contractor may be allowed to close the roadway, or a portion thereof, to traffic during normal work hours upon approval from the Engineer. During any closure, the Contractor shall allow access for residents, schools, trash service trucks, churches and businesses within the affected portion of roadway, except as required for construction for a reasonable period of time. The Contractor shall notify residents as noted within Section 5-18.

The Contractor shall provide and install barricades, delineators, warning devices and construction signs in accordance with the Work Area Traffic Control Handbook (WATCH) prepared by the Southern California Chapter of the American Public Works Association. During adverse weather or unusual traffic or working conditions additional devices shall be placed as directed by the engineer.

All traffic signs and devices shall conform to the current State of California, Department of Transportation (CALTRANS), "Manual of Warning Signs, Lights, and Devices for Use in Performance of Work upon Highways", unless otherwise approved by the Engineer.

Fences, barriers, lights and signs shall be furnished, erected and maintained as necessary to give an adequate warning to the public at all times that the work is under construction and of dangerous conditions to be encountered as a result thereof, and warning and directional signs shall also be erected Redlands Regular meeting of 12-19-23 268 of 1429
GC 20
and maintained as may be required by the City. Should the Contractor fail to furnish a sufficient number of traffic and/or pedestrian safety devices within three (3) hours after being notified, the Owner will place such necessary items and the Contractor shall be liable to the Owner for providing such devices in accordance with the following provisions:

1. For placing of barricades - $15.00 per barricade for each day or part thereof.

For flashers - $15.00 per flasher for each day or part thereof.

For traffic cones - $7.50 per cone for each day or part thereof.

2. In the event that the services of the Owner are required outside the normal working hours and/or days or items not noted above are furnished by the City, all costs incurred by the City shall be the responsibility of the Contractor.

The Contractor shall relocate, preserve and maintain the visibility of all signs within the project limits which affect the flow of traffic, as directed by the engineer. Any signs that are missing or found damaged shall be replaced immediately by the Contractor at his expense.

The Contractor shall provide and maintain Class II barricades along excavation edges parallel to the flow of traffic at a spacing of twenty-five feet (25'). Class II barricades mounted with flashers shall be installed around work areas in parkways. Class II barricades shall have alternating black and reflectorized white (or yellow) stripes at an angle of 45 degrees. The stripe with shall be four to six inches.

During paving operations barricades may be supplemented with minimum size eighteen-inch (18") high traffic cones and delineators such that spacing between barricades and/or cones or delineators is no greater than twenty-five feet (25"). At all access points such as intersecting streets, alleys and driveways, barricades and/or cones shall be provided at five-foot (5') intervals so as to prevent vehicular access to the paving area. Where access from an intersecting street is prohibited, a "Road Closed" sign shall be provided. "No Left Turn" sign shall be provided wherever required by the Engineer.

Clearances from traffic lanes shall be 5 feet to the edge of any excavation and 2 feet to the face of any curb, pole, barricade, delineator or other vertical obstruction.

A 4 foot wide pedestrian walkway shall be maintained in the parkway area on each side of all streets, unless otherwise authorized by the Engineer. The minimum clearance from: the edge of pedestrian walkways to any traffic lane shall be 5 feet; the edge of pedestrian walkways to any work zone shall be 3 feet; and the surface of pedestrian walkways to any overhead obstruction shall be 7 feet.

The Contractor shall, at the end of each work day, have backfilled, compacted and placed a temporary drivable roadway surface on all work areas within traveled roadways prior to leaving the job site. Failure to comply to the satisfaction of the Engineer shall result in immediate correction by City forces, and all costs shall be borne by the Contractor.

Redlands Regular meeting of 12-19-23 269 of 1429
GC 21
Traffic control devices shall be marked with the Contractor’s name as appropriate. At no time shall any traffic control devices marked with companies or agencies other than the Contractor or subcontractors, be utilized within the work area.

All said traffic controls and safety devices shall be maintained in clean condition, with any and all graffiti removed by the end of workday on which the graffiti was first reported to the Contractor.

If the traffic control devices are deemed unacceptable by the Engineer due to being damaged, dirty, or marked incorrectly, the Contractor shall replace the traffic control devices immediately. Should the Contractor fail to furnish traffic control devices within three (3) hours after being notified, the Owner will place such necessary items and the Contractor shall be liable to the Owner for providing such devices in accordance with the provisions above.
5-13.1.1 Vehicular Access.

At such times as driveways are inaccessible due to the Contractor's work they shall be blocked by two (2) Class II barricades or one (1) Class II barricades and two (2) delineators. Driveways that are ramped or planked for temporary access shall be provided with a delineator at each side. 5-13.1.2 Signage. The Contractor shall furnish, erect and maintain all construction traffic signage as required and specified.

All construction traffic signage shall be in place prior to commencing any work, placed as needed during construction, moved as necessary and removed only upon completion of all work.

All construction traffic signage and controls shall comply with the State of California Manual of Traffic Controls, Warning Signs, Lights and Devices for use in Performance of Work Upon Highways. All construction traffic signage used in the performance of the work shall be a minimum of the encapsulated lens (high intensity) type. All traffic controls and safety devices, equipment and materials, including but not limited to cones, channelizers, delineators, flashing warning lights, barricades, high level warning devices, telescoping flag trees, flags, signs, markers, portable barriers, flashing arrow signs, changeable message signs, markings and flagging equipment shall be provided and maintained in like new condition.

When a Traffic Signal is constructed as a part of the project, the Contractor shall place and maintain for one calendar month, a message board for each approach leg to a new traffic signal. The message board shall read “CAUTION - NEW TRAFFIC SIGNAL”. The one month period shall begin from the day of activation. This requirement may be lessened or waived, on a case-by-case basis, by the Engineer.

The Contractor shall furnish and properly install, construct, erect, use and continuously inspect and maintain, twenty-four (24) hours per day, seven (7) days per week, including holidays, all said devices, equipment and materials and all temporary and permanent pedestrian and driving surfaces as necessary to provide for the safety and convenience of, and to properly warn, guide, control, regulate, channelize and protect the vehicular traffic, pedestrian traffic, project workers, and the public throughout the entire limits of the work activity and beyond said limits as necessary to include areas affecting or affected by the work, from the date of notice to proceed to the completion Redlands Regular meeting of 12-19-23 270 of 1429
GC 22
and acceptance of the work. Any corrective work required to be performed by City forces shall be charged to the Contractor and paid in full before release of any bonds on the project.

All traffic cones shall be no less than 28 inches in height, except that shorter cones, 12 inches minimum height, may be permitted during striping maintenance operations where the only function of the cone is to separate traffic from the wet paint. All barricades used to delineate traffic at night or placed in or adjacent to the traveled roadway at night, shall be equipped with flashing warning lights.

Channelizers shall be required when lane restrictions, detours or other work conditions need to be maintained for periods longer than normal work hours. Channelizers shall be surface-mounted type and shall be furnished, placed and maintained at the locations shown on the plans or as approved by the Engineer and shall conform to these specifications. Channelizers shall be, at the Contractor’s option, one of the following types, or approved equal: (1) Safe-Hit SH236SMA; (2) Repo “The Replaceable Post”; or (3) Carsonite, “Super Duck” SDF-436.SDF-436. 5-13.2 Traffic Control Plan
The Contractor shall provide a Traffic Control Plan to the agency for approval prior to the scheduled commencement of work. Comments and corrections shall be returned to the Contractor within five (5) working days.

The Contractor shall be required to maintain one lane in each direction when working on the roadway.

Access to schools, businesses, etc. shall be maintained as necessary for their operations. If closures are authorized by the Engineer, all detour signage shall be installed prior to closure of specified portion of roadway(s), and shall be maintained during closure.

The Contractor shall make provision to allow pedestrians full access across work areas at existing crosswalks, while working within those areas.

Traffic controls, including but not limited to vehicular and pedestrian traffic controls, maintenance of vehicular and pedestrian access, detours, and street closures shall be in accordance with Subsection 7-1, of the current edition of the "Standard Specifications for Public Works Construction," including all its subsequent amendments, and the current edition of the "Work Area Traffic Control Handbook." Traffic control and the Traffic Control Plan shall conform to the following:
a. All major streets shall remain open to through-traffic at all times, residential street will be closed to traffic only as long as it takes for material application and drying time.
b. The Traffic Control Plan shall indicate the traffic control requirements for the different types of work to be performed. The Contractor shall be responsible for the preparation of Plans as necessary for specific items of work. These Plans shall be approved by the City's Engineer. c. All traffic controls and safety devices, equipment and materials, including but not limited to cones, delineators, flashing warning lights, barricades, Redlands Regular meeting of 12-19-23 271 of 1429
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high level warning devices (flag trees), flags, signs, markers, portable barriers, flashing arrow signs, markings, and flagging equipment shall be provided and maintained in "like new" condition.
d. The Contractor shall furnish and properly install, construct, erect, use, and continuously inspect and maintain, twenty-four (24) hours per day, seven (7) days per week, all said devices, equipment and materials and all temporary and permanent pedestrian and driving surfaces as necessary to provide for the safety and convenience of, and to properly warn, guide, control, regulate, channelize and protect the vehicular traffic, pedestrian traffic, project workers, and the public throughout the entire limits of the work activity and beyond said limits as necessary to include area affecting or affected by the work, from the start of work to the completion of the work.

In the event the slurry and cape seal ravels, a "loose gravel" (C6) sign shall be placed to adequately warn the public.
e. High-level warning devices (flag trees) are required at all times for any work being performed within the roadway unless otherwise specifically authorized by the City's Engineer.
f. All barricades shall be equipped with flashing warning lights, and all traffic cones shall be no less than twenty-eight inches (28") in height, except that shorter cones, twelve inches (12") high or higher, may be used during striping maintenance operations where the only function of the cones is to protect the wet paint from the traffic.
g. Type III barricades, no less than six feet (6') in length and equipped with two (2) Type "N" markers each and two (2) flashing warning lights each, shall be used to close streets, except as otherwise specifically authorized in advance by the City's Engineer for minor maintenance work of no more than one (1) working days duration on weekdays, or on holidays only, and between 8:00 a.m. and 3:30 p.m. only. Said barricades shall be placed across the full roadway at each point of closure with the distance between barricades or between barricades and curbs, not exceeding three feet (3'), except that one (1) eleven-foot (11')-wide gap between barricades shall be provided at the center of the street. Barricades to the right of the street's center, facing the inbound vehicular traffic, shall also be equipped with one (1) Type C2 "Road Closed" sign each or one (1) Type C3A "Road Closed to Thru Traffic" sign each.
h. Except for residential streets, as otherwise directed and/or authorized by the City's Engineer, two-way vehicular traffic shall be maintained at all times within two (2) eleven foot (11')-wide lanes on streets, having an effective roadway width of forty-four feet (44') or more with restricted parking, and Redlands Regular meeting of 12-19-23 272 of 1429
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other streets of lesser widths may be reduced to one (1) twelve-foot (12') wide lane with work activity being limited to one side at a time, and with one-way vehicular traffic being maintained at all times by properly trained and experienced flaggers.

No reduction of the traveled way width shall be permitted on any City street before 8:00 a.m. nor after 3:30 p.m., on weekends or holidays, or when active work is not being done, unless prior authorization to do so is granted by the City's Engineer.

Arrow boards shall be required for all lane closures on major streets. i. Properly trained and experienced flaggers shall be provided to traffic when said traffic is to be interrupted, when two-way traffic is to be reduced to one-way traffic, and at such other times as is necessary to safely pass the traffic through or around the work area, and when so directed by the City's Engineer.
j. Vehicular access to occupied residential property may be restricted on weekdays other than holidays between the hours of 8:00 a.m. to 3:30 p.m. while essential work activity is taking place, with specific prior written approval from the City's Engineer, providing the Contractor gives the owner and/or resident at least forty-eight (48)-hour advance written and oral notice. See Part 2, "Notification of Residents," herein.

Convenient and safe pedestrian access to occupied residential property shall be maintained at all times. Access to mailboxes must be maintained at all time, such that the postal delivery service is not interrupted.

Access to vacant and unused property may be restricted at the Engineer's discretion. Both vehicular and pedestrian access shall be maintained at all times to all other property except as otherwise specifically authorized in writing by the City's Engineer.
k. Any traffic control and safety devices and equipment being used which becomes damaged, destroyed, faded, soiled, misplaced, worn out, inoperative, lost, or stolen shall be promptly repaired refurbished and/or replaced, and any traffic control and safety devices and equipment being used which are displaced or not in an upright position from any cause, shall be promptly returned or restored to their proper position. l. An unobstructed view of all signs and warning devices including but not limited to stop signs, stop ahead signs, street names signs, and other regulatory, warning and construction signs, markers, and warning devices shall be maintained at all times. No trucks or other equipment or materials shall be stopped, parked, or otherwise placed so as to obscure said signs, Redlands Regular meeting of 12-19-23 273 of 1429
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markers, and devices from the view of vehicular and/or pedestrian traffic to which it applies.
m. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall yield to said public traffic at all times, except where the traffic is being controlled by police officers, fire officers, properly trained and experienced flaggers, or at traffic signalized intersections.
n. Stockpiling and/or storage of materials on any public right-of-way or parking areas will not be allowed without specific permission of the Engineer. Materials spilled along or on said right-of-way or parking areas shall be removed completely and promptly. All stockpile and/or storage areas shall be kept in a safe, neat, clean, and orderly fashion, and shall be restored to equal or better than original condition upon completion of the work.
o. Where vehicular access to abutting property must be restricted, the work shall be so selected, arranged, and scheduled that the person(s) requiring access to said abutting property and/or residents along said streets affected will be able to park within a reasonable distance of not more than five hundred feet (500') from their homes and/or destination. Residents must be supplied written notice of such restrictions a minimum of 48 hours in advance.
p. When work has been completed on a particular street or has been suspended or rescheduled, and said street is to be opened to vehicular traffic, all equipment, "NO PARKING" signs, other obstructions, and unnecessary traffic control devices and equipment shall be promptly removed from that street except as otherwise authorized or directed by the City's Engineer. q. Should the Contractor be neglectful, negligent, or refuse, fail, or otherwise be unavailable to promptly, satisfactorily, and fully comply with the provisions specified and referred to hereinabove, the City reserves the right to correct and/or mitigate any situation, which in the sole opinion of the City's Engineer constitutes a serious deficiency and/or serious case of noncompliance, by any means at its disposal at the Contractor's and/or permittee's expense, and will deduct the cost therefore from the Contractor's progress and/or final payment. Such corrective action taken by the City shall not reduce or abrogate the Contractor's legal obligations and liability for proper traffic control and safety measures, and shall not serve to transfer said obligations and liabilities from the Contractor to the City or the City's agents.
r. Violations of any of the above Provisions and/or Provisions of the referenced publications, unless promptly and completely corrected to the Redlands Regular meeting of 12-19-23 274 of 1429
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satisfaction of the City's Engineer, shall at the sole discretion of the City, be grounds for termination of the Contract, or shut down or partial shutdown of the work, without compensation to the Contractor and/or permittee, or liability to the City, all as prescribed by Contractual obligation or State law, whichever is applicable.

Full compensation for furnishing all labor, materials, tools, equipment, flaggers, lights, channelizers (surface mounted), temporary striping, barricades, portable flashing lights, flashing arrow signs, traffic control and detour plan, and incidentals required to comply with the provisions specified and referred to herein above, to provide all required traffic and pedestrian control for the duration of this contract, all as shown and as specified, shall be paid as specified in Section 01200 of the General Requirements and no other compensation shall be made therefore.

5-13.3 Edison Energized Conductors. The Contractor hereby promises and agrees that in the performance of the Work, he will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to Edison's secondary, primary and transmission facilities. The term "qualified person" is defined as follows:
"Qualified Person". A person by reason of experience or instruction is familiar with the operation to be performed and hazards involved.

Contractor further promises and agrees that the provisions of this paragraph shall be and are binding upon any Subcontractor or Subcontractors that may be retained by it, and that the Contractor shall take such steps as are necessary to insure compliance by said Subcontractor or Subcontractors with the requirements of this paragraph.
5-14 CONTRACTOR’S RESPONSIBILITY FOR DAMAGE.
5-14.1 Responsibility for Damage. The Contractor agrees to and does hereby indemnify, defend and hold harmless the City, its elected officials and the Consultant and their officers, agents and employees from every claim or demand made, and every liability, loss, damage, or expense of any nature whatsoever, including attorney's fees and costs, which may be incurred by reason of:
(a) Liability for damages for (1) death or bodily injury to persons, (2) injury to loss or theft of property, (3) any other loss, damage or expense arising under either (1) or (2) above, sustained by the Contractor or any person, firm or corporation employed by the contractor upon or in connection with the work called for in this agreement, except for the liability resulting from the sole negligence or willful misconduct of the City, its elected officials and their officers, employees and agents who are directly employed by the City and the Consultant; and (b) any injury to or death of persons or damage to property caused by any fault, neglect, default or omission of the Contractor, or any person, firm or corporation employed by the Contractor, either directly or by independent contract, including all damages due to loss or theft, sustained by any person, firm or corporation, including the City, arising out of, or in any way connected with the work covered by this agreement, whether said injury or damage occurs either on or off City property, provided that any of the foregoing (1) is attributable to personal injury, Redlands Regular meeting of 12-19-23 275 of 1429
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bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulting there from, and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, any supplier, anyone directly or indirectly employed by any of them or anyone for whose act or omissions any of them may be liable, regardless of whether or not caused in part by any act or omission (active, passive, or comparative negligence included, excepting the active negligence of the District) of a party indemnified hereunder.
(c) The Contractor, at its own expense, cost, and risk shall defend any and all actions, suits or other proceedings that may be brought or instituted against the City, its elected officials, officers, agents and employees and the Consultant, against any such claim, demand or liability, and shall pay or satisfy any judgment that may be rendered against the City, its elected officials, officers, agents or employees, in any such action, suit or other proceedings as a result thereof.
5-15 NO PERSONAL LIABILITY. Neither the City Council, the Engineer, the Consultant, nor any other officer or authorized assistant or agent shall be personally responsible for any liability arising under the contract.
5-16 CONTRACTOR'S RESPONSIBILITY FOR WORK. Except as provided above, until the formal acceptance of the Work by the City, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the Work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof, except such injuries or damages occasioned by act of the federal government or the public enemy.

The City of Redlands shall not be held responsible for the care or protection of any material or parts of the work prior to final acceptance, except as expressly provided in these specifications.

The City shall not be responsible for security of the Contractors equipment or materials at the site.

The City will not be responsible for theft or damage to any property or materials of the Contractor.

Security for Contractor’s property shall be the responsibility of the Contractor. 5-17 WARRANTY OF WORK. The Contractor shall guarantee the Work against defective materials or workmanship for a period of (1) year from the date of completion date specified in the Notice of Completion, except where longer warranty periods are specifically stated. As specified in Section 2-4 in the GENERAL CONDITIONS, the Performance Bond shall remain in full force and effect during the warranty period.

All work which has been rejected, shall be remedied, or removed and replaced, by the Contractor at his own expense, with work conforming to the Plans and Specifications. Any defective material or workmanship which may be discovered before final acceptance or within (1) one year from the completion date specified in the Notice of Completion shall be corrected immediately by the Contractor at his own expense notwithstanding that it may have been overlooked in previous Redlands Regular meeting of 12-19-23 276 of 1429
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inspections and estimates. Failure to inspect work at any stage shall not relieve the Contractor from any obligation to perform sound and reliable work as herein described. It is the Contractor's ultimate responsibility to deliver at the time of final acceptance a complete project that complies in all details with these Contract Documents. All items shall be ready to operate.

Any omission or failure on the part of the Owner to discover or notify the Contractor of or to condemn defective work or material at the time of construction shall not be deemed an acceptance, and the Contractor will be required to correct defective work or material prior to final acceptance.

The Owner will endeavor to locate any errors or defective materials or workmanship and call them to the attention of the Contractor prior to subsequent work being performed. However, the Owner is under no obligation to do so and shall not be held liable because errors or defective material or workmanship by the Contractor are not discovered prior to subsequent work.

During the (1) one year warranty period, should the Contractor fail to remedy defective material and/or workmanship, or to make replacements within five (5) days after written notice by the Owner, it is agreed that the Owner may make such repairs and replacement and the actual cost of the required labor and materials shall be chargeable to and payable by the Contractor or his Surety.

Nothing in this section shall be construed to limit the rights of the Owner to immediately correct conditions which may be unsafe or which may pose a public health nuisance. Should said conditions later be found to be caused by defective material and/or workmanship, the Contractor and his Surety shall reimburse the Owner for costs reasonably incurred while attending the situation.

In the event it is necessary for the Owner to file suit to enforce any liability of the Contractor pursuant to this sections WARRANTY OF WORK, the Owner shall be entitled to recover from the Contractor, in addition to all other amounts found due and owing, costs of suit and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the Owner in successfully enforcing the Contractor's obligations, all to be taxed as costs and included in any judgment rendered.

The warranty provided herein shall not be in lieu of, but shall be in addition to any warranties or other obligations otherwise imposed by the Contract Document or by law. The remedies provided herein shall not be exclusive and the Owner shall be entitled to any and all remedies provided by law. 5-18 NOTIFICATION OF RESIDENTS/BUSINESSES. The Contractor shall notify all residents, firms, institutions, agencies, and utility companies which may be affected by the work.

Notification shall be by hand delivery of an approved notice within the project limits approved by the City. The notification process shall consist of two notifications, one prior to the start of construction for all properties within the project area and a second notification at least seven days in advance of any activity which may impact each specific property. In the event of any work within the downtown area, the distribution of the second notification shall be at least fourteen days in advance of any activity. Activities impacting said properties and, therefore, requiring the above said notices include the following: the work itself; closure or partial closure of the street; and disallowance of street parking and disallowance of vehicular ingress to or egress from the property.

Redlands Regular meeting of 12-19-23 277 of 1429
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Said firms, institutions, agencies, and utility companies which must be notified of proposed work shall include, but are not limited to the following: public schools, private schools, day care centers, postal service, hospitals, governmental services, police department, fire department, ambulance services, Omnitrans, solid waste collection, and City street sweeping.

The proposed notice shall be submitted to the Engineer at least seven calendar days prior to the date of distribution for review and approval. The submittal shall also include a map identifying the limits of the work and proposed limits of distribution. The printed notices shall contain a general description of the work to be done, the name of the street with limits, the day and date of the work and the name and telephone number of the Contractor. The notice shall also include a statement that there will be no disruption of trash collection schedules and that trash should be set out by 6:00 a.m. on the scheduled day of pickup. If on-street parking will be affected the notice shall include a statement that no on-street parking will be allowed between the hours of 7:00 a.m. and 5:00 p.m. on the day of work, and a statement that it will be necessary to tow away parked vehicles at the owner's expense per California Vehicle Code CVC 22651L and CVC 22654D.

The Contractor will provide City with the dates and addresses of when project notifications are delivered to affected properties. City will verify the notification process is completed in compliance with the requirements of the specifications. Work will commence when City approves Contractor’s compliance with the requirements set forth in the specifications.

If on-street parking is affected, the Contractor shall also post pre-approved "NO PARKING-TOW WAY" signs on 1 x 2 wood stakes or barricades at one hundred foot (100’) maximum spacing along the affected areas of the street, 48 hours prior to the start of the work. The "NO PARKING-TOW AWAY" signs shall contain the day, date, and hours that parking will be prohibited on that particular street and a statement that parked vehicles will be towed away at owner's expense per California Vehicle Code CVC 22651L and CVC 22654D. The Contractor shall maintain said signs throughout the day of work, and shall start the removal of said signs by 4:00 p.m. and complete the removal by 6:00 p.m. on said day of work or as otherwise directed by the Engineer.

The Contractor shall document the day, date, and time the signs are installed because the no parking restriction cannot be enforced until the signs have been in place 24 hours. Posting of signs on trees, utility poles, light standards and other existing parkway improvement is strictly forbidden.

In the event of street resurfacing operations, the notices to residents shall contain a statement that the street to be resurfaced will be closed to vehicular traffic, and the suggestion that if they require the use of their vehicles on the day of the resurfacing work, they should consider parking their vehicle on a nearby street which is not scheduled for a resurfacing application.

In the event scheduled work is delayed, theContractor shall immediately remove all "NO PARKING" signs. The contractor must notify all previously notified, in person and with printed notices, that the work will be rescheduled and that they will be re-notified 48 hours in advance. The Contractor shall have an adequate supply of approved notifications for distribution to residents.

Full compensation for conforming to these requirementsshall be considered as included in the various Contract items of work involved, and no additional compensation will be allowed therefore.

Redlands Regular meeting of 12-19-23 278 of 1429
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Failure to comply with this section shall result in a penalty assessment imposed of up to $10,000 per violation at the City’s discretion.

SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. - Add the following paragraph:

Contractor shall notify Underground Service Alert (USA) at 1 (800) 227-2600, two working days prior to starting work, and must submit verification number to the City prior to starting work. 6-1.2 Commencement of the Work. - Amend the second sentence as follows:
“The work shall start within 10 days thereafter, and be diligently prosecuted to completion within the Contract Time.”
6-3 TIME OF COMPLETION.
6-4.1 General. - Add the following paragraphs:

If saturated soil is encountered during construction due to leaks in an existing utility, contractor shall remove saturated material and replace with a suitable backfill material until adequate compaction can be attained by verification from the City's Geotechnical Engineer.

Prior to any removal of saturated material, contractor shall discuss the methods of remediation with the City's representative. Approval from the City, or the City's representative, shall be obtained for any amount of saturated material removal in which the contractor anticipates to be compensated for, if approval is not obtained all costs shall be borne by the contractor.

Up to a 14 day delay in paving operations may be requested after all leaks have been resolved to provide time for excess moisture to dissipate, at no additional cost to the city, in lieu of removing and replacing the saturated soil. A no cost change order will be prepared to provide the contractor with additional contract time if such delay is requested by the City. 6-9 LIQUIDATED DAMAGES. The value of liquidated damages noted in this section is amended to five hundred dollars ($500) per working day.
6-10 NOTICE AND SERVICE THEREOF. Any notice required or given by one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by duly authorized representative of such party. Any such notice shall not be effective for any purpose whatever unless served in the following manner:

Notice shall be given to the Contractor by personal delivery thereof to said Contractor or to his authorized representative at the project site, or by deposing the same in the United States Mail enclosed in a sealed envelope addressed to said Contractor at the address established for the conduct of work under this Contract, certified and with postage prepaid.

Redlands Regular meeting of 12-19-23 279 of 1429
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Notice shall be given to the Surety, or any other person, by personal delivery to said Surety or other person, or by depositing the same in the United States Mail, enclosed in a sealed envelope addressed to such Surety or persons at the address of said Surety or persons last communicated by him to the party giving the notice, certified and with postage prepaid.

Notice shall be given to the Owner by personal delivery thereof or by depositing the same in the United States Mail enclosed in a sealed envelope, certified and with postage prepaid. The address of record for the owner is:

City of Redlands
Municipal Utilities & Engineering Department
P.O. Box 3005
35 Cajon Street, Suite 15A
Redlands, CA 92373
6-11 PUBLIC RECORDS ACT. All documents, Plans, specifications and all other information relating to the conduct of the City’s business, including information submitted by the Contractor, shall become the exclusive property of the City and except as provided by law shall be deemed public records. Said information shall be subject to the provisions of the California Public Records Act (Government Code Sections 6250 et seq.).

Under no circumstances will the City be responsible or liable to the Contractor, submitter or any other party for the disclosure of any records or information submitted to the City, regardless of whether such records or information are labeled “Trade Secret”, “Confidential”, or “Proprietary” (or words to similar effect) and regardless of whether the disclosure is required by law or a court order or occurs through inadvertence, mistake, or negligence on the part of the City or its officers, employees, and/or Contractors.

The City will not advise as to the nature or content of documents entitled to protection from disclosure under the California Public Records Act, including interpretations of the Act or the definition of “Trade Secret”. The submitting party shall be solely responsible for all determinations made under the Act, and where appropriate for clearly and prominently marking each and every page or sheet of information with “Trade Secret”, “Confidential”, or “Proprietary”. Each submitting party is advised to contact its own legal counsel concerning the California Public Records Act and its applicability to the submitting party’s own circumstances.

In the event of litigation concerning the disclosure of any information submitted by the submitting party, the City’s sole involvement will be as a stakeholder, retaining the information until otherwise ordered by a court. The submitting party, at its sole expense and risk, shall be responsible for any and all fees and costs for prosecuting or defending any action concerning the information, and shall indemnify and hold the City harmless from all costs and expenses including attorneys’ fees, in connection with such action.

Redlands Regular meeting of 12-19-23 280 of 1429
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SECTION 7 - MEASUREMENT AND PAYMENT
7-3 PAYMENT.
7-3.2 Partial and Final Payment. - Delete and replace with the following:

The closure date for the purpose of making monthly progress payments shall be assigned by the Engineer during the pre-construction meeting. Payment, less deductions, unearned work and retention, will be made within 30 days of the closure date. If a dispute exists between the City and the Contractor regarding an item included in the Contractor's Monthly Progress Payment Request, progress payments will be withheld until said dispute is resolved, in which case longer period of time will be required to make such payment. No such payment shall be required to be made, when in the judgment of the Engineer, the total value of the work since the last estimate amounts to less than $500.

If, in the opinion of the Engineer, work is not progressing according to the approved schedule, payments may be withheld until the Contractor returns to the approved schedule.

Deductions will be made for: (1) amounts due the Owner for equipment or material furnished or services rendered; (2) amounts due the Owner under the terms of the Contract; (3) amounts of any claims of lien filed with the Owner; (4) accrued amounts of liquidated damages; (5) amounts required to be deducted by Federal, State or local governmental authorities. From the balance thus determined will be deducted the amounts of all previous payments, and the remainder shall constitute the monthly payment due the Contractor.

A retention of five percent (5%) will be withheld from each and every progress payment to the Contractor. This percentage will remain constant throughout the duration of the Contract. The City shall make a progress payment within thirty (30) days after receipt of an undisputed and properly submitted payment request from Contractor pursuant to Public Contract Code section 20104.50.

After completion of the work to the satisfaction of the Engineer, the Engineer shall make a final estimate of the amount of work done. The City shall pay the entire sum so found to be due after deducting there from all previous payments and all amounts to be retained under the provisions of the Contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of thirty-five (35) days from and after the recordation of the Notice of Completion filed by the City.

As provided by paragraph 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the City to ensure performance under the Contract.

Substitute securities shall be deposited in a financial institution in a form acceptable to the City of Redlands. The financial institution shall be located within the City limits of the City of Redlands.

The Escrow Agreement to be used is set forth in Public Contract Code section 22300. 7-3.3 Delivered Materials. - Delete and replace with the following:

No payment will be made for materials or equipment delivered but not yet incorporated in the work. 7-4.2.6 Extras. Without invalidating the Contract, the City may order extra work or make changes by altering, adding or deducting from the work, the Contract sum being adjusted accordingly and the consent of the Surety being first obtained where necessary or desirable. All the Work of the kind bid upon shall be paid for at the price stipulated on the proposal, and no claims for any extra work or Redlands Regular meeting of 12-19-23 281 of 1429
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material shall be allowed unless the work is ordered in writing by the engineer and the price is stated in such order.
7-4.2.7 Claims for Extra Costs. No claim for extra work or cost shall be allowed unless the same was done in pursuance of a written order by the Engineer, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of the General Conditions, the Contractor shall furnish satisfactory bills, payrolls, and vouchers covering all items of cost and when requested by the City, give the City access to accounts relating thereto.

After completion of the work to the satisfaction of the Engineer, the Engineer shall make a final estimate of the amount of work done. The City shall pay the entire sum so found to be due after deducting there from all previous payments and all amounts to be retained under the provisions of the Contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of the thirty-five (35) days from and after the recordation of the Notice of Completion filed by the City.

SECTION 8 - FACILITIES FOR AGENCY PERSONNEL
This section is deleted in its entirety.

SECTION 9 - ASSIGNMENT OF UNFAIR BUSINESS PRACTICES
CLAIMS
9-1. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the City all rights, title and interest and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with section 16700 of part 2 of division 7 of the Business and Professions Code), arising from the purchase of goods, services, or materials pursuant to this public works agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the Parties.

SECTION 10 - TRENCHING AND EXCAVATION
10-1. If this contract involves digging trenches or other excavations that extend deeper than (4) feet below the surface, the following shall be done pursuant to California Public Contract Code Section 7104:

A. That the Contractor shall promptly and before the following conditions are disturbed, notify the City in writing, of any:
(1) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law.

Redlands Regular meeting of 12-19-23 282 of 1429
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(2) Subsurface or latent physical conditions differing from those indicated. (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.

B. That the City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of work shall issue a change order under the procedures described in the contract.

C. That, in the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. The Contractor shall retain any and all rights provided either by contract or by law which pertains to the resolution of disputes and protests between the contracting parties.

SECTION 11 - REMOVAL, RELOCATION OR PROTECTION OF

EXISTING UTILITIES
11-1. Pursuant to Government Code Section 4215 et seq, the City shall assume the responsibility between the parties to this contract, for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the site of the construction project for this contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids.
11-2. The Contractor shall be compensated for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not identified in the plans and specifications with reasonable accuracy and for equipment on the project necessarily identified during such work.
11-3. The Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the City, or the owner of the utility to provide for removal or relocation of such utility facilities.

11.4. The City shall not be required to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on adjacent to the site of construction, provided, however, nothing herein shall relieve the City from identifying main or trunk lines in the plans and specifications.

11.5. Nothing herein shall preclude the City from pursuing appropriate remedy against the utility for delays which are the responsibility of the utility.

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11.6. If the Contractor, while performing the contract, discovers utility facilities not identified by the City in the contract plans or specifications, Contractor shall immediately notify the City and the utility in writing.

11.7. The public utility, when it is the owner, shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price.

11.8. Contractor shall comply with Government Code Section 4216 through 4216.9.

11.9. Conduits from existing street light and traffic signal systems may be encountered during construction of this project. All removals, relocations, and/or replacements of existing conduit systems shall be performed in accordance with these specifications and City standards, by a qualified electrical contractor. All costs for said work shall be borne by the Contractor and paid as a part of the various items of work requiring such removals, relocations, and/or replacements, and no other compensation shall be made therefore.

SECTION 200 - ROCK MATERIALS
200-2 UNTREATED BASE MATERIALS.
200-2.1 General. - Amend the first paragraph as follows:
“Materials for use as untreated base or subbase shall be classified in the order of preference as follows:

Crushed Aggregate Base
Crushed Miscellaneous Base
Pulverized Miscellaneous Base.”
200-2.4.1 General. - Delete the second sentence and replace with the following:
“The material shall be free of deleterious material as defined in 200-1.1.” 200-2.4.2 Grading. - Amend the first sentence of paragraph 1 as follows:
“The material shall be uniformly graded and shall conform to the ‘fine’ gradations:” 200-2.5.1 General. - Delete the third sentence and replace with the following:
“The material shall be free of deleterious material as defined in 200-1.1.” 200-2.8.1 General. - Amend as follows:

Delete the second sentence of paragraph 1 and replace with the following:
“Pulverized miscellaneous base may contain underlying base material.” Delete the third sentence of paragraph 1 and replace with the following:
“The material shall be free of deleterious material as defined in 200-1.1.” Redlands Regular meeting of 12-19-23 284 of 1429
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SECTION 201 - CONCRETE, MORTAR AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE.
201-1.1.1 General - Add the following paragraph:

The Contractor shall furnish the Engineer in the field with a copy of the mix design to be used, and with a legible certified weighmaster's certificate for each load of PCC delivered to the project.

PCC delivered to the project site having a water content and/or slump greater than that specified in the mix design, shall be rejected and removed from the project site. 201-1.1.2 Concrete Specified by Class and Alternate Class - Amend Table 201-1.1.2.(A) as follows:

Street Surface Improvements section -
All concrete in this section shall have a minimum compressive strength at 28 days of 22,410 kPa (3,250 pounds per square inch), and meet the requirements of class 330-C-23 (560-C-3250) concrete.

Sewer & Storm Drain Facilities section, Sidehill Surface Drainage Facilities subsection - All concrete in this subsection shall have a minimum compressive strength at 28 days of 22,410 kPa (3,250 pounds per square inch), and meet the requirements of class 330-C-23 (560-C-3250) concrete.
201-1.4.3 Transit Mixers. - Replace the first sentence in paragraph 6 with the following:

The total elapsed time between addition of water at the batch plant and the completion of the discharge of the PCC from the mixer, shall not exceed ninety (90) minutes. All PCC remaining in the mixer, after said ninety (90) minutes time limit, shall be rejected and removed from the project site.

SECTION 203 - BITUMINOUS MATERIALS
203-3 EMULSIFIED ASPHALT.
203-3.1 General. - Modify the section by adding the following:

Asphalt emulsion shall be a QUICKSET ANIONIC OR CATIONIC EMULSIFIED ASPHALT conforming to the requirements of Subsection 203-1.3, “Test Reports and Certification”, and Subsection 203-1.2, “Testing Requirements” of the Standard Specifications.

The latex additive shall be Ultra Pave 70 (for anionic) or Ultra Pave 65 K (for cationic) or an approved equal. The latex shall be added at the emulsion plant after weighing the asphalt and before the addition of mixing water. The latex shall be added at a rate of two to two-and-one-half (2 to 225) parts to one-hundred (100) parts of emulsion by volume. 203-5 SLURRY SEAL.
203-5.1 General. - Delete the sentence and replace with the following:

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Slurry seal shall be emulsion-aggregate slurry (EAS) conforming to 203-5.4. 203-5.2 Mix Design. - Modify the section by adding the following:
(f) Admixtures, such as Portland Cement or aluminum sulfate may be mixed into the slurry material to adjust curing time such that the applied slurry can support vehicular traffic within 60 minutes.
(g) Use of slag shall not be permitted.
(h) Deliveries of aggregate and emulsion shall not be made without the engineer present.

Emulsion is not to be transferred to an on-site storage tanker without the sieve test performed by the City.
203-5.3.2 Grading. - Delete the sentence and replace with the following:

The combined aggregate gradation shall be determined in accordance with ASTM C136 and conform to Type II requirements shown in Table 203-5.3.2 (A). 203-5.4.1 General. – Modify the paragraph and replace with the following:

EAS shall be a stable mixture of emulsified asphalt, aggregate, water, a set control agent, and latex.

EAS shall be Type II-CQS-1h-EAS.
203-5.4.2.1 Aggregate. – Delete the sentence and replace with the following:

Aggregate shall be Type II conforming to 203-5.3.
203-5.4.2.2 Emulsified Asphalt. – Modify the first paragraph and replace with the following:

Emulsified asphalt shall be quick-set, and contain latex. Quick-set emulsified asphalt shall be CQS-1h conforming to 203-3.
203-6 ASPHALT CONCRETE.
203-6.1 General. - Add the following paragraph:

Unless otherwise approved by the Engineer, asphalt concrete for paving shall be C2-PG 64-10 (1/2”) for finish paving or B-PG 64-10 (3/4”) for base paving. Asphalt concrete for Type D1 or Type D2 curb shall be D2 –PG 70-10.

SECTION 206 - MISCELLANEOUS METAL ITEMS
206-7 TRAFFIC SIGNS.
206-7.1 General. The Contractor shall furnish or relocate and erect all traffic signage as required and specified.

All new traffic signage shall be a minimum of the encapsulated lens (high intensity) type, have an anti-graffiti protective covering and be installed on new posts. All traffic signage to be relocated shall be installed on new posts.

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206-7.2 Protective Covering. Anti-graffiti protective covering shall be Type 1150-POF, manufactured by 3M Company, or approved equal.
206-7.3 Post and Base. New posts and bases shall be Ultimate Sign Support System as manufactured by Western Highway, or approved equal.

SECTION 207 – GRAVITY PIPE
207-2 REINFORCED CONCRETE PIPE (RCP).
207-2.1 General. - Add the following sentences to paragraph 2:

The minimum D-load for any RCP shall be 1,350. The minimum size for RCP shall be 18 inches (457 mm) unless otherwise approved by the Engineer.

SECTION 211 - MATERIAL TESTS
211-1 COMPACTION TESTS.
211-1.4 General. The Contractor shall be responsible for all quality control for all work. The Contractor shall complete all necessary testing to ensure the quality requirements within the specifications are achieved. The Contractor shall conduct the compaction testing by a geotechnical engineering firm and the results of the testing shall be made available to the Engineer.

The City will complete assurance testing throughout the project by an independent testing firm.

The City will perform the first compaction test required at any location. If such test does not meet the required specifications, the City will make additional tests until the required compaction is obtained and withhold from the final payment due the Contractor, the cost of all such additional tests. To be acceptable, tests must be ordered and witnessed by the City. Tests will be ordered by the City and performed at a location and depth as directed by the City. The Contractor shall assist the City in performing these tests as necessary. The Contractor shall provide to the City the maximum dry density and the optimum moisture content results of backfill and bedding material when requested by the City.

SECTION 214 - TRAFFIC STRIPING, CURB AND PAVEMENT

MARKINGS, AND PAVEMENT MARKERS
214-4 PAINT FOR STRIPING AND MARKINGS.
214-4.1 General. - Amend the first sentence in paragraph 4 as follows:
“Glass beads conforming to 214-3 shall be mechanically applied at a rate of 0.6 to 0.8 kg of beads per liter (5 to 7 pounds of beads per gallon).”
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING.

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300-1.1 General. - Amend as follows:

Amend paragraph 3 as follows:
“The natural ground surface shall be cleared of all vegetable growth, such as trees, logs, upturned stumps, roots of downed trees, brush, grass, weeds, shrubs, ground cover, tree stumps, decorative landscape rocks, edging, railroad ties, other decorative landscape treatments, boulders, rock, portland cement concrete, and all other objectionable materials, within the limits of construction.” Add the following paragraphs:

Grubbing and removal of organic debris shall include the repair and/or replacement of all parkway irrigation piping and systems necessary to perform work on this Contract and capping pipelines until such time that permanent repairs and/or replacements have been made.

All debris removed from the project site under this item shall be disposed of at an approved dump site. All transportation costs and dump fees shall be borne by the Contractor.

Clearing and Grubbing shall include, but is not limited to, the following:

1. Removal of existing AC berms.

2. Removal of all curb and gutter, cross gutters, and spandrels shall be replaced within three (3) calendar days. The Asphalt Concrete patch for areas with curbs and gutters removed and replaced shall be placed within two (2) working days after the curb and gutter, cross gutters, and spandrels are replaced. Removal of all sidewalks shall be replaced within three (3) calendar days.

3. Saw cut and removal of poles, posts, PCC pavements, curb, gutter, and sidewalk. Holes resulting from removal of existing poles and posts from existing PCC, AC pavements and curbs and gutters, shall be filled or patched with like materials. Self-propelled drop hammers will not be allowed for removals.

4. Removal of all raised pavement markers not conforming to the approved plan or conflicting with the proposed striping as shown on the plans in accordance with Subsection 312-3, Removal, of the Standard Specifications.

5. Removal and disposal of boulders, rock or PCC.

6. All trees and shrubs less than 3m (9 ft) directly above the entire sidewalk surface shall be trimmed and removed by the contractor to allow a clear path of travel for pedestrians.

7. Irrigation system relocation:

Any irrigation systems in conflict with the proposed improvements that are removed, damaged, disturbed, or broken shall be modified, repaired, and/or replaced to be operable and provide full irrigation coverage to the areas requiring irrigation using new materials, equal or better than the original materials, with 20 mm (3/4 in) Schedule 40 PVC being the Redlands Regular meeting of 12-19-23 288 of 1429
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minimum acceptable for underground lines and 13 mm (1/2 in) Schedule 80 being minimum acceptable for risers and with the systems not being out of operation for more than two (2) days. No payment for work associated with the irrigation repair will be released, until all irrigation is complete, operable and accepted by the City.

All trees, shrubbery and lawns deprived of normal irrigation watering due to a disruption of service caused by the Contractor’s operations shall be regularly and thoroughly irrigated by the Contractor so that said plantings will not be damaged. If any trees, shrubbery or lawns die or suffer unacceptable damage as a result of or precipitated by the Contractor’s operations the Contractor shall replace same with the same plant species and size. Existing grass lawns within areas that must be excavated and/or re-graded shall be cut into approximate 305 mm (1 ft) squares, removed, protected, cared for and replaced as soon as possible. Dead, dying, and unacceptably damaged grass shall be replaced with new grass sod.

8. Existing inlets, slotted drains, drainage pipes, concrete gutters, drainage pipes, where any portion of such structure is within 1m of the grading plane in the excavation areas, or within 300 mm (1 ft) of original ground in embankment areas, or where shown on the plans to be removed, shall be completely removed and disposed of accordingly.

9. Removal and disposal of existing drainage inlet structure and PCC or AC apron.

10. The Contractor shall dispose all materials not being salvaged outside of the right-of-way and shall pay for all costs for disposal.

11.Removal and disposal of any abandoned utilities that may interfere with the improvements.

12.Self-propelled drop hammers will not be allowed for removals. 300-1.3.1 General. - Add the following paragraphs:

The Contractor shall dispose portland cement concrete, stone rubble, and brick at an approved dump site.

All reprocessed asphaltic cement concrete may be placed as the lower course of crushed aggregate base material. If the Contractor chooses not to reprocess the material, disposal at an approved dump site shall be required. All costs for disposal shall be borne by the Contractor. If the Contractor chooses to reprocess material, it shall be protected and remain contaminate-free, otherwise disposal at an approved dump site will be required with all costs borne by the Contractor.

All reprocessed asphaltic cement concrete to be used as crushed aggregate base shall be ground to conform to Section 200-2.2.
300-1.3.2 (a) Bituminous Pavement. - Amend the following:

Amend the second sentence as follows:

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“Saw cutting of edges to be joined shall be with a power-driven saw. The groove shall be cut to a minimum depth of 4 inches (102 mm).”
Amend the third sentence as follows:
“Where bituminous pavement is to be removed, a cold mill header cut of maximum 6 feet (1.8 m) in width perpendicular to the join line shall be made, and a minimum laying depth of 1 inch (25mm) of new pavement material shall be provided at the join line.” Amend the fourth sentence as follows:
“The edges of existing concrete pavement adjacent to the trench shall be saw cut to neat straight lines for the purpose of removing the damaged pavement areas.” Add the following sentence:

Work under this item shall include asphalt concrete berms. 300-1.3.2 (b) Concrete Pavement. - Amend the following:

Amend the second sentence as follows:
“Saw cuts shall be made to a minimum depth of 4 inches (102 mm).” Amend the third sentence as follows:
“If a saw cut in concrete pavement falls within 5 feet (1.5 m) of a construction joint, cold joint, expansion joint, or edge, the concrete shall be removed to the joint or edge.” 300-1.3.2 (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways and Alley Intersections. - Amend the following:

Amend the first sentence as follows:
“Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of 4 inches (102 mm).”
Amend the third sentence as follows:
“No section to be replaced shall be smaller than 36 inches (1 m) in either length or width.” Amend the fourth sentence as follows:
“If the saw cut in sidewalk or driveway would fall within 36 inches (914 mm) of a construction joint, expansion joint, or edge, the concrete shall be removed to the joint or edge, except that where the saw cut would fall within 12 inches (300mm) of a score mark, the saw cut shall be made in and along the score mark.”
Amend the fifth sentence as follows:
“curb and gutter shall be sawed to a depth of 4 inches (102 mm) on a neat line at right angles to the curb face.”
300-1.3.2 (d) Striping and Markings. All existing striping, markings and raised pavement markers shown to be removed or necessary to be removed from paving areas. This item includes removal in compliance with applicable laws and cleanup of residue from the operation.

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All striping, markings and raised pavement markers removed beyond the limits shown on the plans for and/or at the convenience of the Contractor shall be replaced at the Contractor’s expense. 300-1.3.2 (e) Structures. All existing concrete structures (reinforced or non-reinforced) as shown on the plans to be removed or abandoned, including but not limited to, undersidewalk drains, manholes, headwalls, bulkheads, drop inlet structures, energy dissipaters, catch basins, vaults and pipelines. Abandonment shall include all cuts and concrete plugs necessary to seal ends or openings of abandoned pipes or structures.
300-1.3.2 (f) Rock Curbs. All rock from rock curb removals, as shown on the plans or required for construction of the project, shall be transported, delivered and unloaded at a storage site as directed by the Engineer.
300-1.3.2 (g) Miscellaneous Removals. All other removals of facilities, as shown on the plans but not covered under separate bid items, and any underground facilities found during the work and not shown on the plans shall be performed. The City has endeavored to show all known underground facilities but is not responsible for unknown or abandoned facilities. Unknown underground facilities shall be paid as extra work.
300-1.3.2 (h) Miscellaneous Relocations. All relocation work as shown on the plans or required for construction of the project, but not covered under separate bid items, shall be included as a part of Subsection 300-1 Clearing and Grubbing. All relocation work performed as a part of clearing and grubbing work shall conform to the requirements and specifications of the agency or utility having jurisdiction over the item to be relocated.
300-1.4 Payment. - Add the following sentence to paragraph 1:

Payment for work on this item shall be made as a percentage of the work completed at each monthly payment.
300-2 UNCLASSIFIED EXCAVATION.
300-2.2.2 Wet Material. - Amend the second sentence of the paragraph:
“If such high moisture content is not the result of any action on the part of the Contractor, or inaction in protecting the work during the course of the contract, the work involved will be paid for in the following manner: Over-excavation and disposal work shall be considered “extra work,” with backfill and compaction of crushed aggregate base paid under the appropriate bid item in these specifications.”
300-12 MISCELLAENOUS GRADING. The parkway, whether landscaping exists or not, shall be graded and compacted to achieve drainage towards the street at a slope of 2%. Grading shall be coordinated such that it is the last item of work to be completed, prior to site clean-up. Loose material and dirt shall be raked, compacted and distributed throughout the parkway area. Areas adjacent to installed improvements must be graded to a level within one inch from the finished surface. Extra dirt/fill shall be removed from the project in accordance with Specifications.

The Contractor, at his expense shall photo-document pre-construction conditions prior to starting excavating. After construction is completed, the Contractor shall photo-document the finished Redlands Regular meeting of 12-19-23 291 of 1429
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grade. The Contractor shall provide the City with said photos with addresses identifying each property location, the direction the photograph was taken (facing North, South etc). The Contractor shall keep a copy of the photos (either electronically or hard copy) and provide the City with electronic copies of the photos.

SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND

PLACEMENT OF BASE MATERIALS
301-1 SUBGRADE PREPARATION.
301-1.3 Relative Compaction. - Amend the second sentence of paragraph 1 as follows:
“When base material, curb, gutter, alley pavement, driveways, or sidewalks are to be placed on the subgrade material, the top 6 inches (150mm) of such subgrade material shall be compacted to a relative compaction of 95 percent.”
301-2.1 General. – Add the following paragraphs:

The contractor shall use ‘crushed aggregate base’ or ‘crushed miscellaneous base, fine graded’ as the base material. The use of ‘processed miscellaneous base,’ ‘select subbase,’ or ‘disintegrated granite’ shall not be used as base material.

The contractor may use ‘pulverized miscellaneous base’ (grindings) as part of the crushed base material. Said grindings shall be uncontaminated and placed in an even thickness as the lower course of crushed base material. Spreading and compacting shall comply with Sections 301-2.2 and 301-2.3.
301-2.3 Compacting. – Amend the second sentence of paragraph 3 as follows:
“Compaction in the excepted areas shall be as specified in 211-1 with each layer of compacted base material having a minimum relative compaction of 95 percent.” 301-2.4 Measurement and Payment. – Add the following paragraph:

Payment shall be made for cold-planing, storing, placing, and compacting reprocessed asphalt concrete pavement (grindings) as part of the crushed aggregate base (CAB) material. The volume of grindings placed shall be figured and a tonnage figure computed using 9.35 kg/m^3 (150 pounds per cubic foot). This tonnage figure shall be paid as part of the crushed aggregate base tonnage for this project.
301-7 FULL DEPTH RECLAMATION WITH MECHANICAL STABILIZATION (FDR25) 301-7.1 Description. This rehabilitation alternative consists of pulverizing the existing asphalt concrete (AC) layer along with the underlying unbound material to a depth of 6, 9 or 12 inches per plan and specifications. The properties of this layer are considered to be similar to an Aggregate Subbase material with a modulus of at least 25 ksi.

The manufacture of the recycled base course shall be done in-place by pulverizing and blending the existing AC layer and base materials, if present. The process shall be accomplished in Redlands Regular meeting of 12-19-23 292 of 1429
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accordance with these specifications and conform to the lines and grades shown in the plans or as established by the engineer.
301-7.2 Construction. The asphalt concrete surfacing and underlying base materials shall be pulverized such that 100 percent of the material will pass a two-inch sieve and a minimum of 90 percent will pass a one and one-half inch sieve. All materials other than rock and pulverized asphalt concrete shall be broken up such that these materials will pass a one inch sieve. The pulverized materials shall be free of roots, weeds, wood, and construction debris. All grass and other vegetation shall be removed from the edge of the exiting pavement or lip of gutter pan to prevent contamination of the pulverized bituminous material during the milling operation.

Trimming and disposal of excess material, if required, will be performed on the intimate mixture of pulverized asphalt concrete, base materials and subgrade soil. Excess pulverized material is the surplus that results after trimming and grading the pulverized pavement section to the lines and grades matching existing and/or per plans and specifications.

Do not start pulverized roadbed activities if the ambient air temperature is below 40F. If the ambient air temperature falls below 40F, you may only compact and finish pulverized roadbed.

Before starting daily pulverized roadbed activities, sweep the pulverized roadbed area constructed the previous day to remove loose material.
301-7.3 Surface Preparation. Before pulverized roadbed activities start, prepare the existing roadway surface by:

1. Clearing foreign matter including vegetation

2. Removing standing water

3. Referencing the profile and cross slope

4. Marking the proposed longitudinal cut lines on the existing pavement as follows:

4.1. Cut lines must coincide with points where the existing cross slope changes, approximately at the centerline and edge of traveled way

4.2. Cut lines must indicate the sequence of the cuts

5. Referencing existing lane lines and striping layout
Final subgrade surface shall slope away from the street centerline to a maximum of 3% grade.

Pulverized asphalt material must be used as base material to meet new cross slope requirements.

Native sub-grade material may need to be hauled off to allow for the use of all pulverized base material. No additional compensation will be allowed for any sub-grade removal and haul-off if required. Any contaminated material will be removed and disposed of by the contractor off site at his expense. Any shortage of material, caused by premature disposal of the indicated surplus material by the contractor, shall be replaced by it and no additional compensation will be allowed for such replacement.
301-7.4 Spreading, Mixing, and Compacting. Do not use a heating device to soften the pavement. Remove any visible oversized materials in the pulverized roadbed mixture prior to shaping and compacting. If you encounter unstable subgrade or rocks greater than 4 inches in the roadway section, notify the Engineer. The Engineer determines the extent of the unsuitable material and the corrective measures to be taken.

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According to the Section 301-2.3, the compaction shall always be commenced along the edge of the area to be compacted and the roller shall gradually advance toward the center of the area to be compacted. Rollers shall be operated along lines parallel or concentric with the centerline of the road being constructed, and no material variation therefrom will be permitted. All rollers must be maintained in good mechanical and working condition.

The relative compaction of each layer of compacted base material shall not be less than 95 percent.

ASTM D2922, Methods of Density of Soil and Soil Aggregate in Place by Nuclear Methods, (or ASTM D1556). After compaction, the sub-grade shall be firm, and unyielding. 301-7.5 Finishing. The finished pulverized roadbed surface must not vary more than 0.05 foot from the lower edge of a 12-foot straight edge laid in directions parallel and perpendicular to the centerline. Variations within the above specified tolerances shall be compensating so that the average grade and cross section specified are met. The finished surface must be free from segregation, tearing, and scarring, and have a uniform surface texture throughout the work limits. 301-8 FULL DEPTH RECLAMATION WITH CEMENT STABILIZATION (FDR-200) 301-8.1 Description. This rehabilitation alternative consists of pulverizing the existing asphalt concrete (AC) layer along with the underlying unbound material to a depth of 6, 9 or 12 inches per plan and specifications. The properties of this layer are considered to be similar to an Aggregate Subbase material with a modulus of at least 200 ksi.

The manufacture of the recycled base course shall be done in-place by pulverizing and blending the existing AC layer and base materials, if present, and adding cement. Micro-cracking of the completed cement stabilized surface is required before HMA is to be placed directly on top of the cement treated surface, regardless of the AC thickness. The process shall be accomplished in accordance with these specifications and conform to the lines and grades shown in the plans or as established by the engineer.

The cement content must be 2% by dry weight of FDR with cement with a dry unit weight of 130 lb/cu ft for 6” FDR section. The cement content must be 3% by dry weight of FDR with cement with a dry unit weight of 130 lb/cu ft for 9” FDR section. The cement content must be 4% by dry weight of FDR with cement with a dry unit weight of 130 lb/cu ft for 12” FDR section. Cement must be Type II or Type V Portland cement specified in ASTM C 150/150M. 301-8.2 Construction. The asphalt concrete surfacing and underlying base materials shall be pulverized such that 100 percent of the material will pass a two-inch sieve and a minimum of 90 percent will pass a one and one-half inch sieve. All materials other than rock and pulverized asphalt concrete shall be broken up such that these materials will pass a one inch sieve. The pulverized materials shall be free of grass and vegetation, and construction debris to prevent contamination of the pulverized materials. Mixing shall continue until, and at the speed of the recycling unit adjusted to ensure, a homogenous mixture of the above materials and pulverized materials are achieved.

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Trimming and disposal of excess material, if required, will be performed on the intimate mixture of pulverized asphalt concrete, base materials and subgrade soil. Excess pulverized material is the surplus that results after trimming and grading the pulverized pavement section to the lines and grades matching existing and/or per plans and specifications. Excess pulverized material shall consist of non-treated well mixed pulverized AC pavement and subgrade.

Do not start pulverized roadbed activities if the ambient air temperature is below 40F. If the ambient air temperature falls below 40F, you may only compact and finish pulverized roadbed.

Before starting daily pulverized roadbed activities, sweep the pulverized roadbed area constructed the previous day to remove loose material.
301-8.3 Surface Preparation. Before pulverized roadbed activities start, prepare the existing roadway surface by:

1. Clearing foreign matter including vegetation

2. Removing standing water

3. Referencing the profile and cross slope

4. Marking the proposed longitudinal cut lines on the existing pavement as follows:

4.1. Cut lines must coincide with points where the existing cross slope changes, approximately at the centerline and edge of traveled way

4.2. Cut lines must indicate the sequence of the cuts

5. Referencing existing lane lines and striping layout
Final pavement surface shall slope away from the street centerline to a maximum of 3% grade.

Pulverized material must be used as base material to meet new cross slope requirements. Native sub-grade material may need to be hauled off to allow for the use of all the pulverized base material. No additional compensation will be allowed for any sub-grade removal and haul-off if required. Any contaminated material will be removed and disposed of by the contractor off site at his expense. Any shortage of material, caused by premature disposal of the indicated surplus material by the contractor, shall be replaced by it and no additional compensation will be allowed for such replacement.
301-8.4 Spreading, Mixing, and Compacting. Do not use a heating device to soften the pavement. Remove any visible oversized materials in the pulverized roadbed mixture before shaping and compacting. If you encounter unstable subgrade or rocks greater than 4 inches in the roadway section, notify the Engineer. The Engineer determines the extent of the unsuitable material and the corrective measures to be taken.

Recycling shall be performed to the depth provided in the plans, while incorporating stabilizing agents, mineral filler, additional aggregate and water. Mixing shall continue until, and the speed of the recycling unit adjusted to ensure, a homogenous mixture of the above materials and pulverized materials is achieved. Pre-cutting, grading and light compacting of the recycled material shall be performed prior to incorporation of the stabilizing. Spread cement uniformly over the full roadway surface width. Do not spread cement more than 30 minutes before mixing. Do not apply dry cement in windy conditions that will result in dust outside the FDR with cement area. The application rate must be the mix design rate or the ordered application rate in lb/sq yd ± Redlands Regular meeting of 12-19-23 295 of 1429
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0.5 percent. The application rate of all stabilizing agents shall be continuously monitored. If the measured application rate falls outside the above tolerance, then the recycling operations shall be stopped and corrected before proceeding. Do not spread cement and aggregate before pulverizing.

Water must be injected through the pulverizing machine. The injection rate of mixing water must be sufficient to produce the FDR with cement material mixing moisture content. The water content of the stabilized material shall be monitored closely to ensure proper compaction. Mark where the center of the pulverizing drum stops. Start the following cut on this alignment at least 2 feet behind the mark. Before compacting, remove solids larger than 3 inches in any dimension by hand.

Immediately after pulverizing and mixing, compact FDR with cement to the minimum relative compaction. Do not allow more than 2 hours between final mixing of the pulverized material with cement and completion of initial compaction before trimming. During grading and final compaction add water to maintain the mixing moisture content as described in the mix design. Do not allow more than 2 hours to elapse from the time water is added to the aggregate and cement to completion of final compaction after trimming.

Longitudinal joints between adjacent stabilization passes shall be overlapped at least 4 inches.

Transverse joints between the recycling process shall be saw-cut, if necessary, to provide a vertical clean face to ensure proper compaction. Compaction of cementitious stabilizer begins within 20 minutes after mixing and achieving gradation and moisture requirements.

According to the Section 301-2.3, the compaction shall always be commenced along the edge of the area to be compacted and the roller shall gradually advance toward the center of the area to be compacted. Rollers shall be operated along lines parallel or concentric with the centerline of the road being constructed, and no material variation therefrom will be permitted. All rollers must be maintained in good mechanical and working condition.

The relative compaction of each layer of compacted base material shall not be less than 95 percent.

ASTM D2922, Methods of Density of Soil and Soil Aggregate in Place by Nuclear Methods, (or ASTM D1556). After compaction, the sub-grade shall be firm, and unyielding.

Construction joints shall have vertical faces and shall be made in thoroughly compacted material.

Additional mixture shall not be placed against the construction joint until the joint has been approved by the Engineer. The face of the cut joint shall be lean and free of deleterious material and shall be kept moist until the placing of the adjacent FDR with cement. 301-8.5 Finishing. Once the entire working width (full lane width plus effected shoulder width) has been stabilized, and only after primary compaction has been completed, the entire working width shall be graded to the required profile and cross-slope. Disturbance to the stabilized and primary compacted material shall be kept to a minimum during this grading and shaping operation.

The finished pulverized roadbed surface must not vary more than 0.05 foot from the lower edge of a 12-foot straight edge laid in directions parallel and perpendicular to the centerline. Variations within the above specified tolerances shall be compensating so that the average grade and cross Redlands Regular meeting of 12-19-23 296 of 1429
GC 48
section specified are met. The finished surface must be free from segregation, tearing, and scarring, and have a uniform surface texture throughout the work limits.

Immediately after compaction, apply water and roll with no vibration. The finished surface must be free of ruts, bump, indentations, segregation, raveling, and any loose material.

The completed cement treated subgrade shall be moist cured continuously until it is in a firm and unyielding condition. The cement treated subgrade shall be kept free from heavy traffic during the curing period or until the asphalt concrete surfacing is placed whichever is less, unless otherwise directed by the Engineer. Moisture curing shall be the only method of curing prior to microcracking.

Micro-cracking shall be performed with several vibratory roller passes 48 to 72 hours after finish grading to prevent severe, wide cracks from forming thus reduces the potential for reflective cracking through the HMA layer. Micro-cracking shall be performed before the application of asphaltic emulsion curing seal. After micro-cracking is complete additional moisture curing may be used. Any additional water required to achieve maximum density shall be applied by spraying the surface of the stabilized material with light applications. Care shall be taken so as not to overapply additional water to any areas of the stabilized material.

While open to traffic and before placing HMA, maintain the FDR with cement surface free of ruts, bumps, indentations, raveling, and segregation. If FDR with cement material is damaged, it shall be repaired by removing and replacing the entire depth of affected layers in the damaged area.

Feathering will not be permitted for repair of low areas.

Asphaltic emulsion curing seal must be applied on the completed cement treated base immediately before placing HMA. Asphaltic emulsion curing seal must comply with Caltrans Standard Section 94, Grade SS1 or CSS1. Dilute and thoroughly mix asphaltic emulsion for curing seal at a ratio of 1 part water to 1 part asphaltic emulsion. The water must no cause premature separation of the emulsion. Uniformly apply the diluted curing seal at a rate of 0.1 gal/yd2 of cement treated base surface.

SECTION 302 - ROADWAY SURFACING
302-4 SLURRY SEAL SURFACING.
302-4.3.1 General. – Add the following paragraphs:

All slurry mixing machines shall be equipped with a Fines Feeder for the adding of cement or granular Aluminum Sulfate.

Prior to the beginning of slurry operations, the Contractor shall furnish, at no cost to the City, current licensed weigh master’s certificates indicating the net weight capacity of the aggregate bin.

The Contractor shall provide a drive upon scale at the project site or an alternate site approved by the City. The drive on scale shall show the net weight of the aggregate bin on each slurry machine before the machine and product will be approved for applying slurry on the project.

Redlands Regular meeting of 12-19-23 297 of 1429
GC 49
All slurry machines are to carry, at all times, a calibrated emulsion measuring stick. The emulsion measuring stick is to be calibrated in 10-gallon increments to the slurry machine it is used on.

Emulsion measuring sticks from other slurry machines will not be allowed to measure the gallons of emulsions on the slurry machines they were not calibrated to. The emulsion measuring stick is to have the slurry machine number or identification permanently marked on the stick. The gallons of emulsion are to be measured with a calibrated emulsion measuring stick and recorded before leaving and after returning to materials site. Use of a slurry machine will not be allowed if it does not have a calibrated emulsion measuring stick.

The Contractor shall furnish prior commencing work, a calibrated stick in 10-gallon increments to measure the oil in the trailer storage tanks in gallons. The measuring stick shall be calibrated to the trailer storage tank it is used on. The inspector shall check the oil in each load “in and out” and in the storage tanks at the beginning and end of each day to determine the amount of emulsion used for that day. Emulsion is not to be transferred from delivery tank to on-site storage tank before the City performs the sieve analysis on the emulsion. Aggregate used in the slurry shall not exceed a moisture content of four percent (4%) by weight of dry aggregate.

Contractor may not schedule more than 150 tons of slurry to be placed per day. Slurry may not be applied at more than 150 feet per minute.

The Contractor shall provide a self-propelled 10 ton pneumatic roller with a tire pressure of 50 PSI and equipped with a water spray system. The Contractor shall roll the required streets the same day they are slurried. The Contractor will be responsible for proper scheduling of the work such that the rolling can be properly done within the given time constraint. Failure to comply shall result in a $250.00/calendar day liquidated damage being assessed per incident. The cost of furnishing the roller and operator shall be included in the price paid for slurry seal.

The Contractor is hereby advised that City streets, parking lots, or other City-approved property will not be allowed as a site for stockpiling and batching. Arrangements for an acceptable site shall be the sole responsibility of the Contractor.

The Contractor shall sweep any raveled material on the street one (1) week after the initial placement. If the Engineer determines the raveling is excessive, the frequency of sweeping shall be adjusted to the field conditions of the raveling. If raveling continues within two (2) weeks of the initial placement, the street shall be swept and reslurried with a Type I mixtures (Local Streets) or a Type II (Arterial/Collector Streets) at no cost to the City. Raveling can be identified by the presence of “black pebbles” in the gutter.

The Contractor shall remove any and all weeds that are growing through cracks from the project street located within the pavement or growing between the concrete gutter and the pavement and spray a herbicide mixture of either Hyvar mixed with Roundup or Pramatol mixed with Roundup, or approved equal, at least fourteen (14) calendar days prior to slurrying. The herbicide mixture shall contain Blazon, or approved equal, a purple dye to easily confirm the herbicide has been applied. The work shall be approved by the Engineer or his representative prior to slurrying. Full compensation for plant removal and herbicide treatment shall be considered as included in the unit cost for slurry seal.

Redlands Regular meeting of 12-19-23 298 of 1429
GC 50
Longitudinal joints must correspond with lane lines. You may request other longitudinal joint patterns if they do not adversely affect the slurry seal. Spread slurry seal in full lane widths. Do not overlap slurry seal between adjacent lanes more than 3 inches. Use a material, such as building paper at transverse joints and over previously placed slurry seal to prevent double placement.

Remove the material after use. Use hand tools to remove spillage.

Full compensation for developing a water supply, for furnishing and placing all water required for work done in the Contract, including extra work shall be included in the prices paid for the various items of work requiring water; and no separate payment will be made therefore. The Contractor shall supply the City with licensed weighmaster’s certificates of weight for all delivered aggregates to the job during the course of each day. Aggregate shall be delivered to the project only in the presence of a City representative. The Contractor shall also present weighmaster certificates for the amount of such aggregate remaining at the completion of the project at no cost to the City.

Payment shall be determined by the amount that is physically placed, which cannot exceed the amount that is delivered to the job site with the certified weighmaster tickets. There shall be not outside work done utilizing materials from the tanks or stockpiles stored for the City’s Contract.

Prior to storing aggregate on private property, the Contractor shall submit to the Engineer written permission from the property owner for such stockpiling.

Precautions shall be taken to ensure that stockpiles do not become contaminated with oversized rock, clay, silt, or excessive amounts of moisture. The stockpiles shall be kept in areas that drain readily. Segregation of the aggregate will not be permitted.

The Contactor shall protect the wet slurry from traffic at all times and if damaged or defaced, the Contractor shall repair said damage at no additional cost to the City.

The placement of slurry seal may be suspended with the concurrence of the Engineer due to unsuitable weather, temperature conditions, or other conditions that are considered unfavorable for the prosecution of the work. The Contractor shall immediately comply with the order of suspension by the Engineer, and work shall not be resumed until authorized by the Engineer. 302-4.8 Spreading and Application. - Add the following paragraphs:

Prior to applying slurry seal, the Contractor shall clean, to the satisfaction of the Engineer, the street surface with a power sweeper, remove all R.P.M.’s, abrasive grind or sandblast completely all lane lines, street legends, crosswalks or other painted or thermoplastic surfaces. This is necessary to provide a good bonding surface for the slurry seal, as well as eliminate “ghosting” of the old striping and markings as the new slurry wears off over time.

It is anticipated that nuisance water, such as storm water runoff and irrigation water, will run in and across the right-of-way at various time throughout the period of construction. It shall be the responsibility of the Contractor, at their own expense, to provide for and protect the work from such water. In addition, the Contactor’s responsibility shall include handling nuisance waters such that their operations do not cause them to damage existing improvements or properties adjacent to or near the site of work.

Redlands Regular meeting of 12-19-23 299 of 1429
GC 51
Slurry shall not be applied when the atmospheric temperature is less than 65oF (18oC).

The application of slurry shall not commence until after 8:00 a.m., and shall conclude at 1:30 p.m. unless other authorized by the Engineer. The slurry shall be sufficiently cured to be open to traffic by 4:00 p.m. The portions of streets to be slurried shall be closed from the time the application begins until the mixture as achieved sufficient set to be opened to traffic.

The slurry shall be applied in such a manner that no ripples or waves exist. If ripples or waves occur in the slurry during the application, the work shall cease and the Contractor shall correct the situation. The Contractor may use a drag to knock down ridges. If ripples or waves are not corrected to the Engineer’s satisfaction, the street shall be reslurried at the Contractor’s expense.

The Contractor shall, at the direction of the Engineer, repair the reseal to the entire street, or complete section thereof, as determined by the Engineer, which have not been sealed properly (includes areas that have failed to meet yield and mix design specifications) and completely. No compensation will be provided for slurry seal used in repair and reseal work.

Each slurry crew shall be composed, at a minimum, of a coordinator at the project site at all times, a competent quick-set mixing man, a competent driver, two squeegee men, and sufficient laborers for any handiwork and cleanup.

Surface oil and grease shall be removed or sealed with shellac or an equivalent material approved by the City before the application of the slurry seal. Full compensation for surface oil and grease removal shall be considered as included in the unit cost for slurry seal.

The Contractor shall roll all cul-de-sacs (the last 250’ minimum), the last 250’ of dead-end streets and knuckle curves. Full compensation for rolling the slurry shall be considered as include in the unit cost for slurry seal.

During slurry seal operations, it shall be the Contractor’s responsibility to place protective covering over, or to otherwise avoid slurry seal coating of manholes, utility covers, pavement markers (reflective and non-reflective), concrete gutters, concrete cross gutters, and drainage facilities, survey monuments and remove said covering and/for slurry seal coating after slurry sealing has been completed.

The start and finish of slurry application shall be a straight line which, unless otherwise approved by the Engineer, shall be obtained by laying a strip of building paper or other material approved by the Engineer on the pavement surface. After application of slurry, the paper is to be removed leaving a straight edge. The entire street surface area shall be sealed the same day. 302-4.8.1 Crack Sealing and Filling. Crack sealing shall be performed prior to the Slurry Seal application. Pavement cracks 1/4" wide and larger shall be sealed. Pavement cracks 1/8" to 1" wide shall be cleared of all loose particles of dust, dirt and laitance with oil-free compressed air immediately preceding the sealing operation. Cracks shall be routed out as necessary to provide a reservoir for the sealer that will have a depth of l" to 1 1/2".

Redlands Regular meeting of 12-19-23 300 of 1429
GC 52
The crack sealing material shall be a hot-applied asphalt (Crafco Polyflex or approved equivalent).

The crack sealing material must not be modified or diluted in any way. Pavement cracks larger than 1” wide shall be filled with the mixtures per Specification Section 203-6.4 Type E (Extra Fine).

A wand and nozzle type application shall be used to fill all cracks with crack sealing material.

Crack sealing material shall be applied in two applications with the possibility of additional applications to fill the crack within the allowable tolerance. The cracks must be filled to the surface and not overfilled or applied to the top of adjoining pavement or concrete surfaces. The cracks shall be squeegee immediately after the sealant has been applied to insure conformity with the pavement surface.

The crack sealing material shall then be allowed to penetrate and sink into the crack area for a minimum of one hour. Each crack must then have a second application of crack sealer material applied in the crack area only to within + 0.01' of the adjoining pavement surface. If the material is a cold-applied, polymer modified petroleum emulsion, sand will be applied over the crack sealing material after the second application, covering a minimum of 1 1/2 inches each side of the crack and not more than 3/4 inch higher than the top of the pavement. The contractor shall be responsible for the removal of all excess sand which shall be removed within three hours after being applied.
302-5 ASPHALT CONCRETE PAVEMENT.
302-5.1 General. - Add the following paragraphs:

Asphalt concrete pavement structural sections equal to or greater than 3 inches (76 mm) in thickness shall be installed in two lifts. Base course aggregate material size shall be ¾ inch (19 mm) and cap course aggregate material size shall be ½ inch (13 mm). All pavement shall be placed over 4 inches of crushed aggregate base, unless compacted to 95% relative compaction.

All valves within project limits in the public right-of-way shall be raised to finish grade as a part of this work. The Contractor shall furnish and install new can or slip can materials as necessary.

If new water valve lids are necessary, they shall be supplied by the Municipal Utilities and Engineering Department. All valve can lids within the project limits in the public right-of-way shall be painted the appropriate color for the utility they represent (ie. Water - Blue, Gas - Yellow, Fire – Red, etc.).
302-5.2 Timeline of Paving Operations.

All paving operations shall follow the timeline and requirements shown below unless otherwise approved by the City:

Redlands Regular meeting of 12-19-23 301 of 1429
GC 53

PAVING TIMELINE

DESCRIPTION OF WORK

TIME PERIOD
WEEK 1
(DAY 1-7)
WEEK 2
(DAY 8-14)
WEEK 3
(DAY 15-21)
WEEK 4
(DAY 22-28)
PAVING (START TO FINISH) (1)
CURE PERIOD (2)
MANHOLE ADJUST TO GRADE (3)
STRIPING & PAVEMENT MARKINGS (4)
TRAFFIC LOOPS (5)
NO PARKING SIGNS ALLOWED (6)
Note: All time periods shown above are the maximum amount of allowable time for each activity.

This timeline does not apply to the installation or repair of curb and gutter, ac dikes, sidewalks, cross gutters, curb ramps, driveway approaches or truncated domes. (1) In no case shall any street segment remain unpaved longer than three calendar days if no other work activity is being performed on that street segment. Any deviation from the timeline shall result in a penalty assessment of $1,000 per calendar day. (2) No work except cat tracking of proposed striping is allowed during this period; therefore “No Parking Signs” shall not be installed during this activity. (3) Once each manhole is exposed, all associated work to adjust it to grade must be completed within 48 hours. This shall include all adjustments of manholes, vaults, valve cans, etc. as required by the Contract.
(4) All cat tracking and approval of proposed striping shall occur during the cure period. (5) Traffic loops must be installed after the approval of striping layout and prior to the installation of thermoplastic striping and pavement markings. (6) “No Parking Signs” shall be installed per Section 7-19 of these specifications. 302-5.4 Tack Coat. – Delete and replace with the following:

If the asphalt concrete pavement is being constructed directly upon an existing hard-surfaced pavement, a tack coat of High Performance Seal (HPS) No-Track Tack at an approximate rate of

0.05 gallon per square yard shall be uniformly applied upon the existing pavement preceding the placement of asphalt concrete. The surface shall be free of water, foreign material, or dust when the tack coat is applied. To minimize public inconvenience, no greater area shall be treated in any one day than is planned to be covered by asphalt concrete during the same day, unless otherwise approved by the Engineer.
302-5.5 Distribution and Spreading. – Add the following:

Unless otherwise permitted by the Engineer, the top layer of asphalt concrete for shoulders, tapers, transitions, road connections, private drives, curve widening, turnouts, left-turn pockets, and other Redlands Regular meeting of 12-19-23 302 of 1429
GC 54
such areas, shall not be spread before the top layer of asphalt concrete for the adjoining through lane has been spread and compacted. At locations where the number of lanes are changed, the top layer for the through lanes shall be paved first. Tracks or wheels of spreading equipment shall not be operated on the top layer of asphalt concrete in any area until final compaction has been completed or unless directed by the Engineer.

All screed extensions for paving machines shall be provided with a tamper, roller, or other suitable compacting devices.

Asphalt pavers shall be equipped with automatic screed controls and a sensing device or devices.

Automatic grade and slope control shall be used for overlays.

All joints shall be sealed after rolling.

When placing asphalt concrete to the lines and grades noted in the plans or as approved by the Engineer, the automatic screed controls shall control the longitudinal grade and transverse slope of the screed. Grade and slope references shall be furnished, installed, and maintained by the Contractor. The Contractor shall use a ski device, the minimum length of the ski device shall be 30 ft. The ski device shall be a rigid one-piece unit and the entire length shall be utilized in activating the sensor. The Contractor may use a laser to control the screed.

When placing the initial mat of asphalt concrete on existing pavement, the end of the screed nearest the center line shall be controlled by a sensor activated by a ski device not less than 30 ft long.

The end of the screed farthest from center line shall be controlled by an automatic transverse slope device set to reproduce the cross slope approved by the Engineer.

When paving contiguously with previously placed mats, the end of the screed adjacent to the previously placed mat shall be controlled by a sensor that responds to the grade of the previously placed mat and will reproduce the grade in the new mat within a 0.01 ft. tolerance. The end of the screed farthest from the previously placed mat shall be controlled in the same manner as when placing the initial mat.

Should the automatic screed controls fail to operate properly during any day's work, the Contractor may use manual control of the spreading equipment for the remainder of that day; however, the equipment shall be corrected or replaced with alternative automatically controlled equipment conforming to the requirements in this section before starting the next day's work.

Should the methods and equipment furnished by the Contractor fail to produce a layer of asphalt concrete conforming to the requirements, including straightedge tolerance, of Subsection 302-

5.6.2 - Density and Smoothness, of the Standard Specifications, the paving operation shall be discontinued and the Contractor shall modify his equipment or furnish substitute equipment. A drop-off of more than 0.15 ft will not be allowed at anytime between adjacent lanes open to public traffic.

The Contractor shall schedule his paving operations such that each layer of asphalt concrete is placed on all contiguous lanes of a traveled way each work shift. At the end of each work shift, Redlands Regular meeting of 12-19-23 303 of 1429
GC 55
the distance between the ends of the layers of asphalt concrete on adjacent lanes shall not be greater than 10 ft. nor less than 5 ft. Additional asphalt concrete shall be placed along the transverse edge at the end of each lane and along the exposed longitudinal edges between adjacent lanes, hand raked, and compacted to form temporary conforms. Kraft paper, or other approved bond breaker, may be placed under the conform tapers to facilitate the removal of the taper when paving operations resume.
302-5.6.1 General. - Add the following paragraph:

All asphalt concrete pavement abutting portland cement concrete gutters shall match and be flush with the gutter lip when finish rolling is complete.
302-5.6.2 – Density and Smoothness. – Delete and replace with the following:

The completed surfacing shall be thoroughly compacted, smooth and free from ruts, humps, depressions or irregularities. Any ridges, indentations or other objectionable marks left in the surface of the asphalt concrete shall be eliminated by rolling or other means. The use of any equipment that leaves humps, ridges, irregularities or other objectionable marks in the asphalt concrete shall be discontinued, and acceptable equipment shall be furnished by the Contractor.

The finished surface shall meet the following smoothness criteria:
• When a 12 foot long straightedge is laid on the finished surface parallel to the centerline of the roadway, the finished surface shall not vary from the edge of the straightedge more than 0.05 feet, except at changes in grade,
• When a 12 foot long straightedge is laid on the finished surface perpendicular to the centerline of the roadway and extends from edge to edge of a traffic lane, the finished surface shall not vary from the edge of the straightedge more than 0.05 feet, except at changes in grade.

If the top layer of pavement does not comply with the smoothness specifications shown, remove and replace the entire section or complete a grind and overlay of 1.5 inches or 3 times the aggregate size, whichever is greater. Grind and overlay will be considered as a repair method only when the thickness of the asphalt pavement section is greater than 1.5 inches following the required grinding. Corrected section shall be rectangular to the nearest pavement edge or lane line and to a crosswalk, concrete spandrel or other limits approved by the City. Do not begin corrective actions until the method and limit of correction is authorized by the City. If the tolerances cannot be achieved by the methods described above, the contractor must re-pave the street section, in kind, at their own expenses.

The compaction after rolling shall be a minimum of 91 percent and a maximum of 97 percent of the density obtained on samples compacted with the California Kneading Compactor per California Test 304. Cores will be taken randomly by the City for laboratory testing per California Test 308, Method A at a frequency of three per lot. A lot shall consist of a maximum of 3,000 square yards of asphalt concrete and will be identified in the field by the City. The cores will be averaged to determine the percent of maximum theoretical density, as determined by ASTM D2041, per lot to the nearest tenth of a percent.

Reduced payment factors for percent of maximum theoretical density will be per the following table, and will be applied to the entire lot sampled.

Redlands Regular meeting of 12-19-23 304 of 1429
GC 56
Reduced Payment Factors for Percent of Maximum Theoretical Density Asphalt Concrete
percent of maximum
theoretical density
Reduced payment
factor
Asphalt Concrete
percent of maximum
theoretical density
Reduced payment
factor

91.0 0.0000 97.0 0.0000

90.9 0.0125 97.1 0.0125

90.8 0.0250 97.2 0.0250

90.7 0.0375 97.3 0.0375

90.6 0.0500 97.4 0.0500

90.5 0.0625 97.5 0.0625

90.4 0.0750 97.6 0.0750

90.3 0.0875 97.7 0.0875

90.2 0.1000 97.8 0.1000

90.1 0.1125 97.9 0.1125

90.0 0.1250 98.0 0.1250

89.9 0.1375 98.1 0.1375

89.8 0.1500 98.2 0.1500

89.7 0.1625 98.3 0.1625

89.6 0.1750 98.4 0.1750

89.5 0.1875 98.5 0.1875

89.4 0.2000 98.6 0.2000

89.3 0.2125 98.7 0.2125

89.2 0.2250 98.8 0.2250

89.1 0.2375 98.9 0.2375

89.0 0.2500 99.0 0.2500
< 89.0 Remove and replace > 99.0 Remove and replace
In addition to the reduced payment factors below, all costs associated with the testing of the lot which resulted in values outside of the 91-97 percent range, will be withheld from the final payment due to the Contractor.

Following completion of the testing by the City, the core locations within the asphalt pavement shall be repaired by the Contractor.
302-5.6.3 Tracking. All areas receiving asphalt pavement shall be protected from tracking onto adjacent areas. Do not allow traffic on new asphalt pavement until its mid-depth temperature is below 140º Fahrenheit to minimize the tracking.

A rock dust blotter coat per Section 302-9.7 or a sand coat at a rate of 1-2 pounds per square yard shall be applied to the compacted surface for all areas where tracking is a concern. The application of tracking prevention measures shall be determined by the Contractor.

A haul route for all paving operations shall be reviewed and approved by the City prior to the start of any construction activity. No deviations from the approved haul route shall occur unless approved in writing from the City.

Redlands Regular meeting of 12-19-23 305 of 1429
GC 57
All tracking onto adjacent streets, striping or pavement markings shall be the responsibility of the Contractor. All striping and pavement markings shall be removed and replaced in kind by sandblasting. All tracking onto roadway surfaces may require the use of a street sweeper to the satisfaction of the City.
302-5.7 Joints. – Add the following:

Longitudinal joints shall be trimmed to a vertical face and to a neat line if the edges of the previously laid surfacing are, in the opinion of the Engineer, in such condition that the quality of the completed joint will be affected. Longitudinal and transverse joints shall be tested with a 12’ straightedge and shall be cut back as required to conform to the provisions in Subsection 302-5.6.2 Density and Smoothness for surface smoothness. Connections to existing surfacing shall be feathered to conform to the provisions for smoothness.

Longitudinal joints in the top layer shall correspond with the edges of proposed lane striping.

Longitudinal joints in all other layers shall be offset not less than 0.5' alternately each side of the edges of traffic lanes.

All feathered joints shall be sealed after rolling.
302-5.9 Measurement and Payment. – Add the following:

Reduced payment factors per 302-5.6.2 will be applied to the Contract Unit Price for lots with a Maximum Theoretical Density less than 91.0 and greater than 97.0 percent. 302-5.10 Hot Asphalt Leveling Course. Areas to receive the Hot Asphalt Concrete Leveling Course shall be determined and defined by the project manager and inspector, and identified to the Contractor in the field. Mix for hot Asphalt Concrete Leveling Course shall be 1/2 inch aggregate, C2, as defined in Section 203-6.4.3.

Areas to receive hot asphalt concrete leveling course shall be areas located near or adjacent to existing curbs and/or gutters that are potholed, or have the lip of gutter higher than the adjacent roadway. Potholes, large cracks, or ruts shall be filled to the surrounding grade elevation and compacted. Hot Asphalt Concrete Leveling Course shall be completed prior to the placement of Type II Slurry Seal, ARAM or resurfacing.

Prior to placement of asphalt concrete, the surface shall be cleaned and all debris and deleterious materials shall be removed. A tack coat meeting the material and application requirements of Section 302-5.4 Tack Coat, shall be applied prior to placement of hot mix asphalt concrete. 302-5.11 Asphalt Pavement Crack Sealing and Filling. Crack sealing shall only be performed as a repair method for conventional hot mix asphalt pavement (HMA) and not installed at project locations which will have asphalt rubber hot mix (ARHM) used as the overlay material. Crack sealing shall be performed after milling of existing asphalt surface and prior to any leveling course, if necessary.

Right after milling of existing asphalt and before crack sealing or filling, Contractor shall remove any and all weeds that are growing through cracks from the project street located within the pavement or Redlands Regular meeting of 12-19-23 306 of 1429
GC 58
growing between the concrete gutter and the pavement and spray a herbicide mixture of either Hyvar mixed with Roundup or Pramatol mixed with Roundup, or approved equal, at least seven (7) calendar days prior to paving. The herbicide mixture shall contain Blazon, or approved equal, a purple dye to easily confirm the herbicide has been applied. The work shall be approved by the Engineer or his representative prior to paving. Full compensation for plant removal and herbicide treatment shall be considered as included in the unit cost for paving.

The crack sealing material shall be a hot-applied asphalt (Crafco Polyflex or approved equivalent).

The crack sealing material must not be modified or diluted in any way. Pavement cracks larger than 1” wide shall be filled with the mixtures per Specification Section 203-6.4 Type E (Extra Fine).

A wand and nozzle type application shall be used to fill all cracks with crack sealing material.

Crack sealing material shall be applied in two applications with the possibility of additional applications to fill the crack within the allowable tolerance. The cracks must be filled to the surface and not overfilled or applied to the top of adjoining pavement or concrete surfaces. The cracks shall be squeegee immediately after the sealant has been applied to insure conformity with the pavement surface.

The crack sealing material shall then be allowed to penetrate and sink into the crack area for a minimum of one hour. Each crack must then have a second application of crack sealer material applied in the crack area only to within + 0.01' of the adjoining pavement surface. If the material is a cold-applied, polymer modified petroleum emulsion, sand will be applied over the crack sealing material after the second application, covering a minimum of 1 1/2 inches each side of the crack and not more than 3/4 inch higher than the top of the pavement. The contractor shall be responsible for the removal of all excess sand which shall be removed within three hours after being applied.

SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
303-1 CONCRETE STRUCTURES.
303-1.1 General. - Delete the first sentence of paragraph 1 and replace with the following:
“Concrete bridges, culverts, catch basins, retaining walls, abutments, piers, footings, foundations, drainage inlets, head walls, end walls, wing walls, junction structures, transition structures, manholes, and other similar types of portland cement concrete structures shall be constructed to the lines and grades in conformity with the Plans and Specifications. 303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS.
303-5.1.1 General. - Replace the last paragraph with the following:

No PCC shall be ordered and/or placed until the forms and subgrade have been inspected and approved by the Engineer in the field.

All pull boxes, water meter boxes, and water valve covers shall be adjusted to proposed finish grade and approved by the Engineer in the field prior to placement of the PCC.

Redlands Regular meeting of 12-19-23 307 of 1429
GC 59
The Contractor shall barricade and protect placed PCC from all damage, marks, mars, and/or graffiti. Any PCC damaged, defaced, discolored, or defective shall be replaced at the Contractor's expense.

When removals of curb and/or sidewalk are located at curb return, the Contractor shall install access ramps. The Contractor is to construct all access ramps in accordance with American Disability Act (ADA) Standards/California Code of Regulations Title 24 – Accessibility Regulations. If the ramps constructed by the Contractor are found to be in non-compliance with ADA Standards, the Contractor will be required to remove and replace the ramps to ADA Standards at the Contractor's expense.
303-5.1.2 Drainage Outlets Through Curb. - Add the following paragraph:

Coring shall be required for all drains through existing curbs. 303-5.1.3 Driveway Entrances. – Replace the last paragraph with the following:

Driveway approaches where required, shall be 150 mm (6") thick for single-family residential area, and 200 mm (8") thick for commercial driveway approaches. 303-5.1.4 Walk. The back of sidewalk shall be 2 inches from the street Right-of-Way line unless otherwise specified by the Engineer.

Included in the price of sidewalk construction are retaining curbs. Retaining curbs are needed to retain soils from sloughing and eroding onto the finished sidewalk surface, as a result of grade differentials from existing ground surface to proposed sidewalk surface. Retaining curbs shall be installed when the finished surface is lower than the surrounding grade by 3 inches vertically within 6 inches horizontally. If the vertical difference in elevation is less than 3 inches, the surrounding grade shall be sloped, maximum 2:1 slope, to match the finished elevation. The height of the retaining curb shall be to the height of the existing grade it is retaining. Retaining curbs shall be located within the City’s right-of-way at all times. 303-5.1.5 Access Ramps. Construction of curb ramps shall conform to the Type and Case appropriate for the condition, as specified on the plans and as shown within the 2012 Standard Plans for Public Works Construction, Plan 111-5. The Contractor shall be responsible to layout the proposed access ramp to comply with the maximum slope indicated on the plans or Standard Plan 111-5. The maximum slope for the ramp shall not be exceeded unless otherwise approved in writing by the Engineer. The Contractor shall remove and replace access ramps deemed noncompliant with the plans or Standard Plan 111-5.

For proposed locations adjacent to a cross gutter spandrel, sawcuts along the radius of the curb will not be allowed. The spandrel shall be replaced from expansion joint to expansion joint to the extents of the curb removal. For proposed locations adjacent to curb and gutter, sawcuts along the flowline of the curb will not be allowed. The entire curb and gutter shall be replaced from expansion joint to expansion joint as required. Sawcuts at locations other than the expansion joint will not be allowed unless approved by the Engineer. Curb cuts of the existing curb will not be permitted for installation of proposed ramp. Any deviation from these requirements will result in rejection of all work at this location and shall not be included in progress payment requests until corrected, per direction from the Engineer.

Redlands Regular meeting of 12-19-23 308 of 1429
GC 60
The Contractor shall verify the extents of sawcut and removal for each access ramp taking into account the maximum slope and transition area required. It shall be the Contractor’s responsibility to identify required removal limits, set concrete forms and verify maximum slopes are not exceeded. The Engineer shall be present to verify the concrete forms prior to the placement of the concrete at each location, however this does not alleviate the responsibility of the accuracy of forms or slopes of the access ramp from the Contractor.

Included in the price of access ramps are retaining curbs. Retaining curbs are needed to retain soils from sloughing and eroding onto the finished ramp surface, as a result of grade differentials from existing ground surface to proposed ramp surface. Retaining curbs shall be installed when the finished surface is lower than the surrounding grade by 3 inches vertically within 6 inches horizontally. If the vertical difference in elevation is less than 3 inches, the surrounding grade shall be sloped, maximum 2:1 slope, to match the finished elevation. The height of the retaining curb shall be to the height of the existing grade it is retaining. Retaining curbs shall be located within the City’s right-of-way at all times.

Access Ramps shall have truncated domes installed in accordance with standard plans and specifications. Truncated domes on new access ramps shall be Armor-Tile, Cast in Place System, or approved equal. Truncated domes installed on existing surfaces shall be Safety Sted TD, or approved equal. Truncated dome panels shall be 36”x48”, inline configuration, with a spacing of

2.35” on center, and Federal Yellow in color.

The access ramp work shall include all related adjustments of pull boxes, pull box covers, signs, and protection of any underground utilities within the work area. The removal and replacement of up to 5 linear feet of sidewalk on each side of the access ramp shall be included within the cost of the access ramp. The removal and replacement of the sidewalk will allow for transition from the top of ramp to adjacent sidewalk and will be utilized as necessary. 303-5.4.3 Weakened Plane Joints, (a) General. - Add the following paragraph:

All weakened plane joints shall be spaced at a maximum of 3.05 m (10') feet for curbs, gutters, and sidewalks. Scoring lines shall conform to those prevailing in the area and be uniform in spacing.
303-5.5.2 Curb. - Replace the first paragraph with the following:

PCC for curb and gutter shall be placed within three working days from removal of the existing PCC curb and gutter. The curb and gutter surface shall not vary more than 3 mm (0.01') from a 3 m (10') straightedge except at the grade changes. Prior to the removal of the forms, the surface shall be finished true to grade by means of a straightedge float of not less than 3 m (10') in length, and operated longitudinally over the surface of the concrete. Form clamps shall be constructed so as not to interfere with the operation of the float. The form on the front of the curbs shall not be removed less than one (1) hour, nor more than six (6) hours after the concrete has been placed. In no event shall forms be removed while the concrete is sufficiently plastic to slump. The top and face of the finished curb shall be true and straight, and top surface of curbs shall be of uniform width, free from humps, sags, blemishes, or other irregularities.

Redlands Regular meeting of 12-19-23 309 of 1429
GC 61
303-5.5.3 Walk. - Add the following paragraphs:

The sidewalk surface shall not vary more than 5 mm (0.02') from the 3m (10') straightedge except at grade changes, and the finished surface shall be free from humps, sags, blemishes or other irregularities. All sidewalks shall be a minimum of 100 mm (4") thick, except at driveways where the sidewalks shall be a minimum of 150 mm (6") thick for single family residential areas and 200 mm (8") thick for all other areas.
303-5.6 Curing. - Add the following paragraph:

Curing compound shall be translucent with red fugitive dye, Type 1, in accordance with Section 201-4 Concrete Curing Compound, of the Standard Specifications. 303-5.7 Repairs and Replacements. - Add the following paragraphs:

In order to minimize vandalism damage to the finished PCC surfaces, the Contractor shall plan his work so that no PCC is poured after 1:00 p.m., unless otherwise authorized by the Engineer in the field.

The Contractor shall barricade and protect placed Portland Cement Concrete from all damages, marks, mars, and/or graffiti. Any Portland Cement Concrete damaged, defaced, discolored, or defective shall be replaced to the satisfaction of the Engineer at the Contractor's expense, and no additional time will be allowed.

Grading, patching, or other remedies to correct the situation will not be accepted unless in the opinion of the Engineer the vandalized area is so small that it does not warrant replacement.

Concrete replacement areas shall be from score mark or control joint to score mark or control joint, and full width of the sidewalk. All replacement areas shall be saw cut. 303-5.8 Backfilling and Cleanup. - Add the following paragraph:

A minimum of 300mm (12”) wide full depth asphalt concrete pavement repair patch and an 450mm (18”) wide 1-1/2” deep grind outside of the trench width is required when cross gutter, spandrel, driveways, curb and gutter is placed adjacent to existing asphalt concrete pavement. The asphalt concrete pavement repair patch shall be placed within two (2) working days after the cross gutters, spandrels, driveways, curb and gutter are replaced. The asphalt concrete pavement shall be sawcut. All work shall be in accordance with the General Permit Conditions and Trench Specifications, latest edition.

SECTION 304 - METAL FABRICATION AND CONSTRUCTION
304-3 CHAIN LINK FENCE.
304-3.4 Measurement and Payment. - Delete paragraph 1 and replace with:

Chain link fence will be measured along the horizontal projection line of the completed fence, deducting the widths of gates and openings.

Redlands Regular meeting of 12-19-23 310 of 1429
GC 62
SECTION 314 - TRAFFIC STRIPING, CURB AND PAVEMENT

MARKINGS, AND PAVEMENT MARKERS
314-1 GENERAL. - Add the following paragraphs:

To insure the protection of storm drain inlets, Best Management Practices (BMPs) shall be employed during all striping operations. Refer to Section 7-8.6.

Each storm drain catch basin or storm drain inlet box shall be marked “NO DUMPING - FLOWS TO CREEK.” Two coats of paint are required. Stencil shall match City’s stencil. Paint and painting shall comply with the specifications.

All street resurfacing work shall include installing fire hydrant pavement markers at all fire hydrant location, whether the pavement markers were existing or not. The pavement markers shall be Type I – Two-Way Blue Retroreflective per Section 214-6 of the Specifications and installed per City’s detail drawing No. 102-0. All work associated with the installation of all new, or replacement of existing, fire hydrant pavement markers shall be included as noted within the specifications. 314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS.
314-4.1 General. – Add the following paragraphs:

During construction, if traffic legends or lane striping are removed or paved-over for any reason, they shall be replaced immediately with temporary traffic legends or lane striping as directed by the City, and the Contractor shall place permanent traffic legends or lane striping at the end of the job or on completion of final paving. When permanent items are placed, they shall be complete markings, legends, or striping i.e.: if limit lines are disturbed, they shall be replaced to centerline or from curb to curb, whichever was existing; if a letter in a word is removed or covered, the entire word shall be replaced; and lane striping shall extend 75 feet beyond construction limits. All replacement markings, legends, or striping required to be replaced beyond the contract limits shown shall be at the cost of the Contractor and shall meet City standards. If existing striping or legends are to be removed on existing surfaces, they shall be sandblasted. Painting over striping or legends in lieu of removal will not be permitted. Pavement striping shall comply with the applicable provisions of Sections 214 and 314 of the Standard Specifications.

Where side streets with existing striping, markings and markers are encountered, striping, markings and markers shall be repainted and replaced for a minimum distance of 15 m (50 feet) from the crosswalk, stop bar or limit line.
314-4.2 Control of Alignment and Layout.
314-4.2.1 General. - Delete and replace with the following:

The Contractor will be responsible for all layout of all striping. All striping, markings and markers shall be reinstalled in their existing locations unless otherwise shown on the plans. The Contractor shall be responsible to take appropriate measures and record the existing locations.

Redlands Regular meeting of 12-19-23 311 of 1429
GC 63
The Contractor shall verify all dimensions in the field prior to installation of pavement striping/marking layout (Cat-Track). Should field measurements differ from the plan, the Contractor shall immediately notify City staff. No Cat-Track marks shall be placed until discrepancies are resolved.

Cat-Track must be approved by City staff prior to the installation of permanent pavement striping/marking. Contractor shall notify City staff a minimum of 24 hours prior to installation of permanent pavement striping/marking to allow for inspection and approval. If approval of CatTrack is not obtained by the Contractor, all work required to correct the striping/marking will be at the expense of the Contractor
Cat-Track marks shall be made in chalk. Paint for the purpose of Cat-Track is prohibited. If paint is used, the Contractor must remove the paint without damaging or visually deforming the pavement surface. If damage or visual deformity within the removal area occurs, in the opinion of City staff, the Contractor shall grind and overlay the entire segment with no additional compensation. The area of the grind and overlay shall be as required by City staff and shall be a minimum of 0.10’ thickness.

All visible Cat-Track markings after the installation of the permanent striping/marking shall be removed without damage or visual deformity to the pavement surface. Any damage or visual deformity to the pavement shall be remedied as noted above. 314-4.3.5 Application. - Amend the first sentence in paragraph 8 as follows:
“Glass beads shall be applied at a rate of 0.6 to 0.8 kg of beads per liter (5 to 7 pounds of beads per gallon).”
314-6 GREEN BIKE LANE. Green bike lanes shall be installed per plan and conform to the technical specifications included within the contract documents and shall be Streetbond CL or approved equal.

Redlands Regular meeting of 12-19-23 312 of 1429

GENERAL REQUIREMENTS
Redlands Regular meeting of 12-19-23 313 of 1429

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Redlands Regular meeting of 12-19-23 314 of 1429
COORDINATION OF WORK, PERMITS, AND REGULATIONS 01110-1
SECTION 01110 COORDINATION OF WORK
A. Utility Coordination

1. Contractor shall coordinate with Southern California Edison (SCE) planner Mathew Middendorf at (909) 307-6874 for the traffic signal service installation prior to the start of the construction.

B. Additional City Projects

1. The contractor shall coordinate with the city to determine any other additional projects near the project limits. The contractor and the city shall determine any conflicting schedule items and adjust the schedule as necessary to accommodate adjacent projects.