Cities Index.
Agenda packet

Redlands City Council
February 6, 2024

Document
Agenda packet
Meeting
February 6, 2024
Body
Redlands City Council
Pages
1,394
Original file
94.8 MB
Text extracted from the city's file for reading and search. Open the original on s3.us-west-004.backblazeb2.com. That file is the official record.

S
DI

VAC/
H
OLIDAY

HEALTH
&
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P
ENSION

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UND
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S
UBS.

S
AVINGS

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TOTAL
D
EDUC-
TIONS

O

THIS
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ALL
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FED.

T
AX

FICA
(
SOC. SEC.)

STATE
T
AX

S
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ENSION

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RAING.

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ADMIN

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UES

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S
UBS.

S
AVINGS

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THER*

TOTAL
D
EDUC-
TIONS

O

THIS
P
ROJECT

ALL
P

ROJECTS

FED.

T
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(
SOC. SEC.)

STATE
T
AX

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HEALTH
&
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ENSION

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UES

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S
UBS.

S
AVINGS

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THER*

TOTAL
D
EDUC-
TIONS

O

PUBLIC WORKS PAYROLL REPORTING FORM
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Statement of Compliance
Date:______________

I __________________, the undersigned, am the ________________________________ with the authority to act for and on (Print Name) (Position in Business) behalf of _______________________ certify under penalty of perjury that the records commencing on ______________ and ending on _______________ submitted herein and consisting of ____ pages are the originals, full and corrected documents, which depict the payroll record(s) of actual disbursements by way of cash, check, or whatever form to the individual or individuals names,

(1) That this employer has complied with the requirements of the California Labor Code Sections. 1771, 1811, and 1815 for all performed on this public works project, and that the classifications set forth therein for each trade rate conform with the work Performed.
(2) That any apprentices employed in the above period are duly registered to a bona fide apprenticeship program registered with the State of California’s Division of Apprenticeship Standards.

PAYROLL/OTHER DEDUCTIONS

1. I herein certify the full and complete Prevailing Wages were paid as currently published and posted by the Director of Industrial Relations, State of California and only deductions as authorized under the laws of the State of California or the laws of United States of America have been made from these sums.

2. All other deductions are clearly listed for each employee on an attachment as required by the Director of Industrial Relations, State of California.

OPTIONAL BENEFIT PLANS

I herein certify that all employee deductions for benefit plans are authorized and the employee(s) are signed up for the plan(s) and are receiving the benefit(s) of the plan(s) listed.

 WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above payroll, payment of fringe benefits as listed in the contract have or will be made to the appropriate programs for the benefit of such employees, except as noted below.

 WHERE FRINGE BENEFITS ARE PAID IN CASH
Each laborer or mechanic listed in the above payroll has been paid as indicated on the payroll, an amount not less the sum of the applicable basic hourly rate plus the amount of the required fringe benefits as listed in the determination for the craft, except as noted below,

Exception(s)
________________________________________________________________________________________________________ Craft Explanation ________________________________________________________________________________________________________ Craft Explanation ________________________________________________________________________________________________________ Craft Explanation

I herein certify under the penalty of perjury all of the above is true and correct as submitted. ________________________________________________________________________________________________________ Name Signature

________________________________________________________________________________________________________ Date Payroll #
Remarks

____________________________________________________________________________________________________ Redlands Regular Meeting of 02-06-24
687 of 857
2N

CONTRACTOR INFORMATION SHEET
Jo
b Name: _________________________________________ Category: ____________________________________ Prime Contractor: ___________________________________________________________________________________ Subcontractor: ______________________________________ License#: _____________________________________ Address: ____________________________________________________________________________________________ Phone #: ___________________________________________ Payroll Report Contact: _______________________ Email Address: _____________________________________________________________________________________ Fax #: ______________________________________________ Contract Amount: ____________________________ Estimated Start Date: _______________________________ Estimated End Date: _________________________ ANTICIPATED TRADES/CLASSIFICATIONS:
______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ SUB-CONTRACTORS (if applicable)
Name: License #: Phone/ Fax #: Contact:
______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ Redlands Regular Meeting of 02-06-24
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APPENDIX B

CITY OF REDLANDS WORKDAY CONSTRUCTION

SCHEDULE
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CITY OF REDLANDS
MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT 2024

APPENDIX B

CONSTRUCTION WORKDAY CALENDAR

JANUARY

FEBRUARY

MARCH
S

M

T

W

T

F

S

S

M

T

W

T

F

S

S

M

T

W

T

F

S

1 2

3 4

5 6

1 2

3 1

2 1 2 3 4 5 6 32 33 34 61 62
7 8

9 10

11 12

13 4

5 6

7 8

9 10

3 4

5 6

7 8

9 7 8 9 10 11 12 13 35 36 37 38 39 40 41 63 64 65 66 67 68 69 14 15

16 17

18 19

20 11

12 13

14 15

16 17

10 11

12 13

14 15

16 14 15 16 17 18 19 20 42 43 44 45 46 47 48 70 71 72 73 74 75 76 21 22

23 24

25 26

27 18

19 20

21 22

23 24

17 18

19 20

21 22

23 21 22 23 24 25 26 27 49 50 51 52 53 54 55 77 78 79 80 81 82 83 28 29

30 31

25 26

27 28

29 24

25 26

27 28

29 30
28 29 30 31 56 57 58 59 60 84 85 86 87 88 89 90

31 91

APRIL

MAY

JUNE
S

M

T

W

T

F

S

S

M

T

W

T

F

S

S

M

T

W

T

F

S

1 2

3 4

5 6

1 2

3 4

1 92 93 94 95 96 97 122 123 124 125 153
7 8

9 10

11 12

13 5

6 7

8 9

10 11

2 3

4 5

6 7

8 98 99 100 101 102 103 104 126 127 128 129 130 131 132 154 155 156 157 158 159 160 14 15

16 17

18 19

20 12

13 14

15 16

17 18

9 10

11 12

13 14

15 105 106 107 108 109 110 111 133 134 135 136 137 138 139 161 162 163 164 165 166 167 21 22

23 24

25 26

27 19

20 21

22 23

24 25

16 17

18 19

20 21

22 112 113 114 115 116 117 118 140 141 142 143 144 145 146 168 169 170 171 172 173 174 28 29

30 26

27 28

29 30

31 23

24 25

26 27

28 29
119 120 121 147 148 149 150 151 152 175 176 177 178 179 180 181

30 182

JULY

AUGUST

SEPTEMBER
S

M

T

W

T

F

S

S

M

T

W

T

F

S

S

M

T

W

T

F

S

1 2

3 4

5 6

1 2

3 1

2 3

4 5

6 7
183 184 185 186 187 188 214 215 216

245 246 247 248 249 250 251
7 8

9 10

11 12

13 4

5 6

7 8

9 10

8 9

10 11

12 13

14 189 190 191 192 193 194 195 217 218 219 220 221 222 223

252 253 254 255 256 257 258
14 15

16 17

18 19

20 11

12 13

14 15

16 17

15 16

17 18

19 20

21 196 197 198 199 200 201 202 224 225 226 227 228 229 230

259 260 261 262 263 264 265
21 22

23 24

25 26

27 18

19 20

21 22

23 24

22 23

24 25

26 27

28 203 204 205 206 207 208 209 231 232 233 234 235 236 237

266 267 268 269 270 271 272
28 29

30 31

25 26

27 28

29 30

31 29

30 210 211 212 213 238 239 240 241 242 243 244

273 274

OCTOBER

NOVEMBER

DECEMBER
S

M

T

W

T

F

S

S

M

T

W

T

F

S

S

M

T

W

T

F

S

1 2

3 4

5 1

2 1

2 3

4 5

6 7
275 276 277 278 279 306 307

336 337 338 339 340 341 342
6 7

8 9

10 11

12 3

4 5

6 7

8 9

8 9

10 11

12 13

14 280 281 282 283 284 285 286 308 309 310 311 312 313 314

343 344 345 346 347 348 349
13 14

15 16

17 18

19 10

11 12

13 14

15 16

15 16

17 18

19 20

21 287 288 289 290 291 292 293 315 316 317 318 319 320 321

350 351 352 353 354 355 356
20 21

22 23

24 25

26 17

18 19

20 21

22 23

22 23

24 25

26 27

28 294 295 296 297 298 299 300 322 323 324 325 326 327 328

357 358 359 360 361 362 363
27 28

29 30

31 24

25 26

27 28

29 30

29 30

31 301 302 303 304 305 329 330 331 332 333 334 335

364 365 366

City Holiday
Closed

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APPENDIX C

STANDARD DRAWINGS

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California MUTCD 2014 Edition
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California) C
hapter 3B – Pavement and Curb Markings November 7, 2014 Part 3 – Markings

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(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California) C
hapter 3B – Pavement and Curb Markings November 7, 2014 Part 3 – Markings

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California MUTCD 2014 Edition
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California) C
hapter 3B – Pavement and Curb Markings November 7, 2014 Part 3 – Markings

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California MUTCD 2014 Edition
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California) C
hapter 3B – Pavement and Curb Markings November 7, 2014 Part 3 – Markings

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California MUTCD 2014 Edition
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California) Chapter 9C – Markings November 7, 2014
Part 9 – Traffic Control for Bicycle Facilities

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12"

ELEVATION VIEW

PLAN VIEW
}
12" MIN.
18" MAX.
3" & 6" GRADE

ADJUSTMENT
RINGS
VARIES12"

MANHOLE RING & COVER
12"

CONCRETE
COLLAR

1. SAW CIRCULAR AROUND MANHOLE 12" FROM MANHOLE FRAME.

2. MANHOLE SHALL BE MARKED PRIOR TO CUT THE PAVEMENT.

3. RAISE MANHOLE FRAME AND COVER TO FINISH GRADE BY
INSTALLING CONCRETE RINGS AND LEVELING MORTAR.

4. BACKFILL WITH PCC CONCRETE TO FINISH GRADE.

5. CONCRETE TYPE SHALL BE 560-C-3250.

6. ADD QUIKRETE LIQUID CEMENT COLOR - CHARCOAL BLACK.

7. PROTECT FROM TRAFFIC LOADING UNTIL CONCRETE HAS CURED.

8. APPLY TACK COAT TO EDGES OF EXISTING PAVEMENT BEFORE INSTALLATION PATCH.

9. COLLARS ARE REQUIRED FOR ALL PAVED TRAVEL WAYS.

NOTE:

AC PAVEMENT

CUT LINE

CONCRETE
COLLAR

CUT LINE

CUT LINE

MANHOLE RING & COVER

CONCRETE
COLLAR

LIMIT STRIPING

TO MANHOLE COVER

LIMIT STRIPING

TO MANHOLE COVER
8"

CONCRETE COLLAR
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APPENDIX D

PERMITS
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…
…
.

YES NO
.
…
…
…
.

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

Address: City: Zip:

Contractor: USA ID No.:

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

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

Construction Start Date: Anticipated Completion Date:

Development No.: Plan No.:

Street Name:

Cross Streets:

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

Applicant/Agent Signature: Date:

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

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

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

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

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

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

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

LF Water Main - Non-Potable……...……….. $ 1.09 / LF =$
EA Fire Hydrant Assembly…………………… $ 66.00 / EA =$
EA Water Service Lateral……………………. $ 26.00 / EA =$
EA Water Shutdown………………………….. $ 67.00 / EA =$
EA Fire Service……………………………… $ 58.00 / EA =$
LF Excavation/Utility Trench………..….……. $ 1.25 / LF =$
SF Street Patch……………………………….. $ 0.67 / SF =$
SF Warranty Fee (Street Cut)……………..… $ / SF =$
$/ = $ Calculated By
$/ = $
SUBTOTAL PERMIT FEE $
PERMIT FEE work complete within specified date from issuance = Inspected by $ 219.00 fee. $219.00
Municipal Utilities & Engineering
PENALTY FEE 25% of total permit fee if issued after commencement of work $ ($250.00 minimum fee)($250.00 minimum fee)
(Effective 06/02/09) TOTAL ENCROACHMENT PERMIT FEE $ Approved By Redlands Regular Meeting of 02-06-24
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APPENDIX E

TRASH COLLECTION SCHEDULE

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Thursday
Monday
Friday
Tuesday
Thursday
Wednesday
Friday
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SAVANNAHLN SEDONACTMONTEREYCT

CAPISTRANO
LN

CHESAPEAKE
CT

STRADA CASALINGO

HERITAGE LN

DAFFODIL LN

BUTTERCUP
CT

SAPPHIRE

SNOWBERRY LN

CANTANIA AVE
CARMEL
CT

FRANKLIN

CTFRANKLIN WY

TOURMALINE AV

CRYSTAL
CT

RIVER BLUFF AVE

AMARYLLIS CT
SMILEY
BLVD

ORANGE TR EE LN

OAK GROVE
DR

UTILITY
ACCESS
RD
DR
N

CHURCHLASHEART
EMS AV
TRES
ST

DRLAGOS

DOMESTIC
AV

AVFLORENCE

PATTISO
N
LN
DR

BONVIE W

RESERVO
IR
RD

RESERVOIR
TR
AV

CRAFTON HILLS
RIDGE

CRAFTON

CANYON RD

HAMPTON RD

PRADO LA

CANYON RD
RD

HAMPTON

PILGRIM RD

PILGRIM RD
0 0.25 0.5 0.75 1
Miles
Solid Waste Collection Days
Scale
November 15, 2013wo1156RefuseDays8.5x11
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APPENDIX F

SCHOOL CALENDAR

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REDLANDS UNIFIED SCHOOL DISTRICT

STUDENT ATTENDANCE CALENDAR
2023-2024

ALL REDLANDS SCHOOLS
1/2 3 4 5 6 7 8/9 10 11 12 13 14 15/16 17 18 19 20 21 22/23 24 25 26 27 28 29/30 31 1 2 3 4 5/6 7 8 9 10 11 12/13 14 15 16 17 18 19/20 21 22 23 24 25 26/27 28 29 30 31 1 2/3 4 5 6 7 8 9/10 11 12 13 14 15 16/17 18 19 20 21 22 23/24 25 26 27 28 29 30/1 9 H P P 4 H
H P P 5 H
2 3 4 5 6 7/8 9 10 11 12 13 14/15 16 17 18 19 20 21/22 23 24 25 26 27 28/29 30 31 1 2 3 4/5 6 7 8 9 10 11/12 13 14 15 16 17 18/19 20 21 22 23 24 25/26 27 28 29 30 1 2/3 4 5 6 7 8 9/10 11 12 13 14 15 16/17 18 19 20 21 22 23/24 25 26 27 28 29 30

P X H M M M M M H H H H H H H H H H H H H H H

P H H H H H H X H H H H H H H H H H
1 2 3 4 5 6/7 8 9 10 11 12 13/14 15 16 17 18 19 20/21 22 23 24 25 26 27/28 29 30 31 1 2 3/4 5 6 7 8 9 10/11 12 13 14 15 16 17/18 19 20 21 22 23 24/25 26 27 28 29 1 2/3 4 5 6 7 8 9/10 11 12 13 14 15 16/17 18 19 20 21 22 23/24 25 26 27 28 29 30/31

H H H H H H H M H H H H H H H H H H

H H H H H H H H H H H H H H H H H
1 2 3 4 5 6/7 8 9 10 11 12 13/14 15 16 17 18 19 20/21 22 23 24 25 26 27/28 29 30 1 2 3 4/5 6 7 8 9 10 11/12 13 14 15 16 17 18/19 20 21 22 23 24 25/26 27 28 29 30 31 1/2 3 4 5 6 7 8/9 10 11 12 13 14 15/16 17 18 19 20 21 22/23 24 25 26 27 28 29/30

H M M P
H M P
End of Quarter and Semester Dates - Grades TK/K and 6-12 Quarter 1 - October 6 H - Holidays - NO ATTENDANCE
Elementary 42 days
Secondary Quarter 2 / Semester 1 - December 15 LABOR DAY September 4 42 days Quarter 2 VETERANS DAY November 10
P Staff Professional Day (No Students In Attendance) 84 days Semester 1 THANKSGIVING RECESS November 20 - 24 M Minimum Day- Conferences/Report Card Preparation Quarter 3 - March 15 WINTER RECESS December 18 - January 5 H Holiday (No Students In Attendance) 48 days MARTIN LUTHER KING DAY January 15 X Report Card Day (No Students In Attendance) Quarter 4 / Semester 2 / End of year - June 6 PRESIDENTS' DAY February 19 48 days Quarter 4 SPRING BREAK March 18 - March 29
96 days Semester 2 MEMORIAL DAY May 27
Student Attendance Days - 180 End of Trimester Dates - Grades 1-5 Teacher Attendance Days - 185 Trimester 1 - November 3
61 days
Trimester 2 - March 1
62 days
Trimester 3 - June 6 Board Approved:
58 days
March 8, 2022
January February March
April May June
July August September
October November December
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REDLANDS UNIFIED SCHOOL DISTRICT

STUDENT ATTENDANCE CALENDAR
2024-2025

ALL REDLANDS SCHOOLS
1 2 3 4 5 6/7 8 9 10 11 12 13/1415 16 17 18 19 20/2122 23 24 25 26 27/2829 30 31 1 2 3/4 5 6 7 8 9 10/1112 13 14 15 16 17/1819 20 21 22 23 24/2526 27 28 29 30 31/1 2 3 4 5 6 7/8 9 10 11 12 13 14/1516 17 18 19 20 21/2223 24 25 26 27 28/29 30 H 9 P P 4 H
H P P 5 H
1 2 3 4 5/6 7 8 9 10 11 12/1314 15 16 17 18 19/2021 22 23 24 25 26/2728 29 30 31 1 2/3 4 5 6 7 8 9/10 11 12 13 14 15 16/1718 19 20 21 22 23/2425 26 27 28 29 30/1 2 3 4 5 6 7/8 9 10 11 12 13 14/1516 17 18 19 20 21/2223 24 25 26 27 28/29 30 31

P X H M M M M M H H H H H H H H H H H H H H H H H

P H H H H H H X H H H H H H H H H H H H
1 2 3 4/5 6 7 8 9 10 11/1213 14 15 16 17 18/1920 21 22 23 24 25/2627 28 29 30 31 1/2 3 4 5 6 7 8/9 10 11 12 13 14 15/1617 18 19 20 21 22/2324 25 26 27 28 1/2 3 4 5 6 7 8/9 10 11 12 13 14 15/1617 18 19 20 21 22/2324 25 26 27 28 29/30 31

H H H H H M H H H H H H H H H H

H H H H H H H H H H H H H H H
1 2 3 4 5/6 7 8 9 10 11 12/1314 15 16 17 18 19/2021 22 23 24 25 26/2728 29 30 1 2 3/4 5 6 7 8 9 10/1112 13 14 15 16 17/1819 20 21 22 23 24/2526 27 28 29 30 31/1 2 3 4 5 6 7/8 9 10 11 12 13 14/1516 17 18 19 20 21/2223 24 25 26 27 28/29 30

H M M P
H M P
End of Quarter and Semester Dates - Grades TK/K and 6-12 Quarter 1 - October 6 H - Holidays - NO ATTENDANCE
Elementary 42 days
Secondary Quarter 2 / Semester 1 - December 15 LABOR DAY September 2 43 days Quarter 2 VETERANS DAY November 11
P Staff Professional Day (No Students In Attendance) 85 days Semester 1 THANKSGIVING RECESS November 25 - 29 M Minimum Day - Conferences/Report Card Preparation Quarter 3 - March 15 WINTER RECESS December 16 - January 3 H Holiday (No Students In Attendance) 48 days MARTIN LUTHER KING DAY January 20 X Report Card Day (No Students In Attendance) Quarter 4 / Semester 2 / End of year - June 6 PRESIDENTS' DAY February 17 48 days Quarter 4 SPRING BREAK March 17 - March 28
96 days Semester 2 MEMORIAL DAY May 26
Student Attendance Days - 180 End of Trimester Dates - Grades 1-5 Teacher Attendance Days - 185 Trimester 1 - November 3
62 days
Trimester 2 - March 1
61 days
Trimester 3 - June 6 Board Approved: 03/14/2023
58 days
July August September
October November December
January February March
April May June
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APPENDIX G

CITY OF REDLANDS CONTRACTOR SAFETY PROGRAM

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THE CITY OF REDLANDS

CONTRACTOR SAFETY

PROGRAM
Rev. June 15, 2021
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TABLE OF CONTENTS
I. POLICY ......................................................................................................................3 II. AUTHORITY ..............................................................................................................3 III. SCOPE .....................................................................................................................3 IV. DEFINITIONS ...........................................................................................................3 V. RESPONSIBILITIES ....................................................................................................4 RISK MANAGEMENT... …………………………………………………………………………………………………………4 PROJECT MANAGER (CITY)……………………………………………………………………………………………………..5 INSPECTOR (CITY)………………………………………………………………………………………………………………..5 EMPLOYEES (CITY)……………………………………………………………………………………………………………….5 CONTRACTOR…………………………………………………………………………………………………………………….5 PROJECT SAFETY OFFICIAL……………………………………………………………………………………………………..6 VI. PROGRAM ..............................................................................................................6 SAFETY PREQUALIFICATION QUESTIONNAIRE……………………………………………………………………………..6 APPEAL PROCESS…………………………………………………………………………………………………………………7 CONSTRUCTION PROJECTS (TIER I AND TIER II)…………………………………………………………………………….8 INSPECTIONS……………………………………………………………………………………………………………………..9 TRAINING/DOCUMENTATION………………………………………………………………………………………………...9 NON-COMPLIANCE………………………………………………………………………………………………………………9 CITY PERSONNEL………………………………………………………………………………………………………………….9 VII. RECORDKEEPING………………………………………………………………………………………………….10 VIII. ADDITIONAL REFERENCES ................................................................................... 10 ACKNOWLEDGMENT OF RECEIPT (A)……………………………………………………………………………………….11 SAFETY PREQUALIFICATION QUESTIONNAIRE (B)………………………………………………………………………..12 NOTICE OF NONCOMPLIANCE (C)…………………………………………………………………………………………..13 JOB HAZARD ANALYSIS (D)……………………………………………………………………………………………………14 INCIDENT INVESTIGATION FORM (E)………………………………………………………………………………………..15 Redlands Regular Meeting of 02-06-24
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3 I. Policy

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

V. Responsibilities

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

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

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

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

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

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

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

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

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

VI. Program

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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B. Job Hazard Analysis (“JHA”)

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

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

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

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

C. Personal Protective Equipment (“PPE”)

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

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

3. PPE shall be provided by the Contractor.

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

D. Safety Tailgates

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

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

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

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

E. Injury Reporting

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

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

F. Spill Prevention

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

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

G. Construction in Occupied Buildings

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

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

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

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

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

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

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

1. Scale of project;

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

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

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

TRAINING/DOCUMENTATION
A. Contractor will ensure that all personnel are properly trained for the scope of work they are assigned, as well as the equipment they will be utilizing.

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

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

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

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

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

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

D. City staff with authority to stop work are:

1. Construction Inspector;

2. City Project Manager;

3. City Manager; and

4. Risk Management staff.

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

1. Verbal warning

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

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

4. Termination of Contract.

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

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

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

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

4. Name and phone number of Project Manager;

5. Name and phone number of Construction Inspector; and

6. Name and phone number of Risk Management.

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

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

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

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

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11 Cit
y of Redlands
Acknowledgment of Receipt Statement
I acknowledge by signing this document, that I have received and reviewed the City of Redlands’ Contractor Safety Program and understand that it contains important information on the City’s policies and procedures regarding employee safety as it pertains to Contractor activities. Furthermore, I acknowledge that failure to comply with any of these procedures may lead to termination of the contract with the City.

____________________________ ______________________________ Contractor Signature Contractor Title:
_
_____________________________________ ________________________________________ Contractor Name (Print) Date Signed
If y
ou have any questions regarding this document, please contact the Risk Management Division at (909) 798-7514.

Attachment A
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12 CITY OF REDLANDS

SAFETY PREQUALIFICATION QUESTIONNAIRE

SECTION 1 – GENERAL INFORMATION

Company Name:

Contractor License #:

Expiration Date:

Address:

City: State: Zip Code:

Name of Person Submitting Application:

Title: Telephone #:

Email Address:

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

Name:

Title: Telephone #:

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

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

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

INCIDENT RATES
Provide your actual injury and illness data below:

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

(Provide three full years of data) Last Calendar

2 Years Ago 3 Years Ago

Number of hours worked by all employees:

Total Recordable Incident Rate*:

D.A.R.T. Rate*:

Total Number of Fatalities:

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

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

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

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

WORKERS’ COMPENSATION INFORMATION

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

Policy Year

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

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

2 Years Ago:

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

Phone Number of Workers’ Compensation carrier

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

SECTION 3– CITATION HISTORY

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

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

3. If yes, please explain:

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

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

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

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

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

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

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

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

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

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

SECTION 5 – SAFETY PROGRAMS AND PROCEDURES

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

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15 YES NO

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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19 SECTION 7 – CERTIFICATION STATEMENT

I Certify under penalty of perjury that:

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

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

Signature of Authorized Representative:

Title of Authorized Representative

Printed Name of Authorized Representative

Date Signed:

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20 NOTICE OF NON-COMPLIANCE
Project:

Contractor:

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

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

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

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

To be completed by Contractor

Corrective action plan to abate hazards:

Unsafe Condition Resolved: Date: Time:

Remarks:

Attachment C
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21 Job Hazard Analysis

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

Project:

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

Scope of Work: Location: Date:

Tasks Potential Safety
Risks/Hazards
Safety
Controls/Mitigat

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

Employee Signature: Print Name: Date:

Attachment D
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22 INCIDENT INVESTIGATION FORM

Date of Incident: Time of Incident: Date Reported:

Lead Investigator: Contact Information:

Contractor: Employee Name:

Witness 1 Name: Telephone:

Witness 2 Name: Telephone:

Incident Site/ Location
Incident Summary:

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

Corrective Actions:

Attachment E
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City Council Meeting K. 3.

DATE: 02/06/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a purchase order modification with Enterprise FM Trust for a vehicle lease and maintenance program for an amount not to exceed $1,878,305, and approval of the list of authorized signers for the Enterprise Fleet Management Program (Facilities and Community Services Department Director Crocker)
MOTION(S):

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

I move to approve a purchase order modification with Enterprise FM Trust for a vehicle lease and maintenance program for fiscal year 2023-24 to a total amount not to exceed $1,878,305; and

1. I move to approve the list of authorized signers for the Enterprise Fleet Management program.

2. RECOMMENDATION:

Staff Recommends that the City Council approve a purchase order modification with Enterprise FM Trust for a vehicle lease and maintenance program for Fiscal Year 2023-24 to a total amount not to exceed $1,878,305.

Staff further recommends City Council approve the list of authorized signers to allow designated staff to execute Enterprise Schedules to the Master Lease Agreement for individual motor vehicles, together with any other necessary documents in connection with those Schedules.

DISCUSSION:

The City of Redlands Equipment Maintenance Division oversees the maintenance of over 470 vehicles and equipment and the maintenance and operations of the City’s fuel station at the corporate yard. In July 2019, the City entered into a Master Equity Lease Agreement with Enterprise Fleet Management, Inc. for a light-duty and medium-duty vehicle lease and maintenance program. This agreement has resulted in a structured and methodical vehicle replacement program. The goals of the program are to lower the Redlands Regular Meeting of 02-06-24
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and methodical vehicle replacement program. The goals of the program are to lower the average age of the fleet; achieve a reduction in net operating costs, as newer vehicles significantly lower maintenance expenses and have increased fuel efficiency; and improve the safety of staff operating city vehicles.

This lease and maintenance program was set up as an "open-ended" lease structure which allows the City to replace more vehicles with less upfront capital. Below are highlights of the program:

The City has all rights of ownership and can equip vehicles with aftermarket parts (utility bodies, lighting, toolboxes, etc.).

Leasing minimizes the amount of large capital outlays necessary for purchasing vehicles.

The City established a proactive fleet replacement plan to acquire vehicles on a more consistent basis, thus ensuring the most up-to-date safety and fuel standards.

More frequent replacement ensures a higher percentage of the fleet is covered by the manufacturer's warranty.

By undertaking this program and using a 10-year analysis, the City could save approximately $1,904,758 over 10 years, or an average sustainable amount of approximately $136,479 per year-long term.

The original fleet replacement plan included the replacement of 240 City vehicles from 2019 through 2023 and was expected to result in a combined fund savings of $1.2 million over a 5-year period. However, due to unprecedented vehicle shortages and budget constraints related to the Coronavirus Pandemic, the City was only able to replace 70 vehicles during the first four years of the program. Despite those constraints, the addition of the initial 70 vehicles greatly reduced the average age of the City's light and medium-duty vehicles and improved safety, as can be seen in the table below.

Statistics for the 240 vehicles in the program as of
2019 Status as of 2023
43% were over 10 years old (older than 2009) Reduced to 27% older than 2009
37% are older than 2013
10 vehicles predate Airbags standards (1998) All vehicles meet Airbag Standards
88 out of 240 vehicles predate Anti-lock Brake
standards (2007)
Reduced to 57 vehicles older
than 2007
112 out of 240 vehicles predate Electronic Stability
Control standards (2012)
Reduced to 78 vehicles older
than 2012
During the 2023-24 Fiscal Year, more vehicles have become available, with a total of 72 vehicles scheduled to be delivered prior to June 2024. Therefore, a purchase order modification is required to account for the lease, maintenance, and down payment amounts related to vehicles available for lease. The City Council approved the initial contract amount not to exceed $3 million, which only included the lease and maintenance expenses. With this purchase order modification, the total contract shall be in an amount not to exceed $4,299,082 through June 2024 and the purchase order will be in an amount not to exceed $1,878,305. Of this amount, $1,062,767 is for lease payments, $779,565 is for down payments, DMV, and other fees, and $35,973 is set aside for the maintenance program.

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The 72 vehicles will be delivered over the next six months. However, to ensure enough funds are available, the purchase order modification amount accounts for six months of lease and maintenance costs. Once all the vehicles have been delivered, there will be 142 vehicles within the Enterprise lease and maintenance program at an average annual cost of $13,227 per vehicle.

The authorized signer form is also being updated to add City Manager Duggan, Jr., update Assistant City Manager Boatman's title and add Facilities and Community Services Director Tabitha Crocker.

ALTERNATIVES:

Council may elect not to approve the purchase order modification. However, this will greatly impact the operations of the affected departments.

STRATEGIC PLAN:

Supports Strategic Plan Priority D, Sustainability, Strategic Objective: Fiscal SUBMITTED BY:

Tabitha Crocker, Facilities and Community Services Department Director RECOMMENDED BY:

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

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Brian Desatnik, Development Services Director
Rich Sessler, Fire Chief
John Harris, Municipal Utilities and Engineering Director Rachel Tolber, Police Chief
Dana Abramovitz-Daniel, Procurement Manager
PREPARED BY:

Tricia Swope, Manager, Facilities and Community Services Fiscal Impact
Fiscal Year: FY 2023-24
Appropriation Required Y/N: N
Amount: $1,299,082
Budgeted Y/N: Y
Account No.: Various
Discussion:

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Sufficient funding for this service is included in the applicable department's budget for Fiscal Year 2023-24 as approved by City Council. Costs associated with any future lease agreements will be included in subsequent budget requests prepared by the Departments.

The five-year contact amount will be increased to an amount not to exceed $4,299,082.

The Fiscal Year 2023-24 purchase order will be increased by $1,299,082 from an amount of $579,223.04 to an amount not to exceed $1,878,305.

Attachments
A. FY 2023-24 Purchase Order Enterprise FM Trust
B. Authorized Signor Form
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Vendor
Bill To
Fiscal Year
Department
Purchase Order Date
Purchase Order Number
Required By
Ship To
VENDOR PHONE NUMBER REQUISITION NUMBERVENDOR NUMBERVENDOR FAX NUMBER DELIVERY REFERENCEBUYER NAME NOTES
ITEM # DESCRIPTION QUANTITY UOM UNIT PRICE EXTENDED PRICE Ship Email:

Ship Email:

Ship Email:

Ship Email:

Ship Email:

Ship Email:

Ship Email:

Ship Email:

PURCHASE ORDER
200008

ENTERPRISE FM TRUST

ENTERPRISE FLEET MANAGEMENT CUSTOMER BILLING
PO BOX 800089
KANSAS CITY, MO 64180

CITY OF REDLANDS
PO BOX 3005
REDLANDS, CA 92373
EMAIL: [email protected]
*Emailing invoice and referencing PO No.
is required and will expedite payment*
.

FINBIL
22400551

FACILITIES & COMMUNITY SERVICE
08/09/2023

THIS PURCHASE ORDER NUMBER MUST APPEAR ON
ALL INVOICES, PACKAGES, AND SHIPPING PAPERS.
07/01/2023

Page 1 of 32024 ends

FCSD-Fleet Div
1270 W Park Ave
Building E
Redlands, CA 92373
FLEET
714-463-7631 12400515 Amber Davis200008
Fleet - Enterprise Vehicle Lease Program for City
JULY 1, 2023 - JUNE 30, 2024
.

NOT TO EXCEED DOLLAR AMOUNT IS PER YEAR. THIS PO WILL BE CLOSED WHEN THE TOTAL AMOUNT IS EXHAUSTED. .

PURCHASE ORDER IS YEAR 5 OUT OF A 5 YEAR LEASE.

PURCHASE ORDER AS PER CITY COUNCIL APPROVAL AND MASTER EQUITY LEASE AGREEMENT, MAINTENANCE AGREEMENT, AND MAINTENANCE MANAGEMENT & FLEET RENTAL AGREEMENT DATED JULY 2, 2019.
.

1.0000 EA $5,977.0800 $5,977.08DSD BUILDING & SAFETY LEASE1 [email protected]

1.0000 EA $416.1600 $416.16DSD BUILDING & SAFETY MAINTENANCE2 [email protected]

1.0000 EA $5,248.4400 $5,248.44DSD PLANNING LEASE3
[email protected]

1.0000 EA $380.0400 $380.04DSD PLANNING MAINTENANCE4
[email protected]

1.0000 EA $155,720.2800 $155,720.28PD LEASE Measure T FCS220015 [email protected]

1.0000 EA $760.0800 $760.08PD MAINTENANCE ON AN AS NEEDED BASIS6 [email protected]

1.0000 EA $16,720.5600 $16,720.56FIRE LEASE7
[email protected]

1.0000 EA $808.0800 $808.08FIRE MAINTENANCE8
[email protected]

1.0000 EA $24,467.2800 $24,467.28FCS ADMIN LEASE9
PROCUREMENT MANAGER Purchase Order Total
Total Ext. Price $579,223.04
$579,223.04
PURCHASING DIVISION - 1270 W. PARK AVE. REDLANDS, CA 92373 - Email: [email protected]

PLEASE SEE ATTACHED PURCHASE ORDER TERMS AND CONDITIONS Redlands Regular Meeting of 02-06-24
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CITY OF REDLANDS

PURCHASE ORDER TERMS AND CONDITIONS
unless otherwise specified in an executed agreement, the following shall apply

1. INVOICES: Each purchase order is to be invoiced separately and all invoices shall be submitted to the billing address as shown on the front of the Purchase Order. All invoices, shipping documents, correspondence, and-related papers must have the purchase order number and consignee shown clearly in their face.

2. PACKAGING AND DRAYAGE: Unless so specified on the Purchase Order and evidenced by a copy of the freight bill attached to the invoice, there shall be no charge to the City for either packaging and/or drayage

3. INSPECTION: All materials and workmanship provided under the terms of the Purchase Order are subject to inspection and test by the City to ensure compliance with the requirements and specifications contained therein. In the event that the goods or services delivered are defective, or are not in conformity with the Purchase Order, the City shall have the right to either reject said goods or services, or require that they be corrected or otherwise brought into conformity with the terms set forth in the Purchase Order.

4. RESPONSIBILITIES: Unless otherwise specified in the Purchase Order, the supplier/contractor shall be responsible for all items covered in said Purchase Order until delivered at the designated delivery point and thereafter accepted by the City. Supplier/contractor shall bear all risks as the goods and services provided until they are finally accepted by the City. Upon the City’s notice to supplier/contractor of its rejection of the goods or services provided or the need for the correction thereof. All such defective goods or services shall be removed from City premises, and any and all expenses incurred in the removal and/or correction of such defective goods or services shall be borne entirely by the supplier/contractor.

5. ACCEPTANCE: The City’s final acceptance of the goods or services provided under the Purchase Order shall be conclusive except in those instances where a latent defect or fraud is subsequently discovered, or when a supplier/contractor has committed such gross mistakes that they are tantamount to a fraud. The City’s failure to inspect and either accept or reject the goods or services delivered shall not relieve the supplier/contractor for the responsibility for strict compliance with the terms and specifications of the Purchase Order.

6. CHANGES: This Purchase Order may, at any time, be changed with regard to the materials or services to be furnished, the quantity ordered, the unit price, discount, delivery point or arrangements, terms or any other matters affecting a valid order. However, in order to be effective, any such change or amendment causes an increase or decrease in the cost of performance hereunder, an equitable adjustment shall be made to reflect the increase or the decrease in the cost thereof. Any such adjustment shall be subject to the written approval of the Purchasing Agent. No variation in the quality, quantity, or coat of any item called for by this Purchase Order Shall be acceptable by the City except in pursuance of a written Change Order approved by the Purchasing Agent.

7. TERMINATION: This Purchase Order may be terminated, in whole or in part, at any time, by written notice to the supplier/contractor. Such termination shall be effective with respect to the quantity, manner, and time specified in such notice. The City shall be liable at the stipulated price only for such materials and/or services as have been delivered and/or rendered and accepted as of the effective date of said written notice. The City shall not be liable for any excess cost arising out of such termination, and failure of the supplier/contractor to cease delivery and/or work upon receipt of such termination notice shall not occasion a claim for extra costs.

8. TIME IS OF THE ESSENCE: In the event that the supplier/contractor fails to perform this Purchase Order within the time specified, the Purchasing Agent may, by written notice, order the supplier/contractor to cease further deliveries and may hold the supplier/contractor liable for any damages caused to the City by reason of such delay. If no time is specified, it is expected that the supplier/contractor shall begin performance within a reasonable time after placement of the order. The City may extend periods of performance if the facts as to the cause of the delay, in sole opinion of the Purchasing Agent, justify such an extension.

9. LIABILTIY: The supplier/contractor shall defend, indemnify and hold harmless the City, its elected officials, officers, employees, and agents from all claims, losses, damages, costs, expenses and suits, in law or in equity, because of personal injury, property damage, or alleged or actual patent infringements, based on the performance of this Purchase Order or asserted against it. Further, supplier/contractor warrants that the City shall not be responsible for any damages that may be claimed by reason or death injury of the person of the supplier/contractor’s officer, agents, employees, invitees or licensees or for damage to any property of the supplier/contractor or any other damage that may arise or result at anytime because of personal injury or damage to property sustained by any other person or persons, which may have been caused or contributed by proximately or otherwise by reason of, or in course of, carrying out this Purchase Order.

10. DISPUTES: All disputes concerning questions of fact which may arise under this Purchase Order under this Purchase Order, and not disposed of by mutual agreement and/or consent, shall be decided by the sole discretion of the Purchasing Agent. All disputes concerning questions of law, which may arise under this Purchase Order, shall be decided under applicable laws of the State of California.

11. PAYMENTS: Payments shall be made upon submission of an itemized invoice, presented in duplicate of the prices stipulated in the Purchase Order and within 30 days of becoming due for supplies delivered and accepted or services rendered and accepted, less deductions if any. When requested by the supplier/contractor, payment on partial deliveries may be made whenever, in the sole discretion of the Purchasing Agent, the surrounding circumstances warrant such partial payment. In the event and, if for any reason, an overpayment is made; the City requires prompt refund of said overpayment by way of supplier/contactor’s properly referenced check.

12. LICENSOR: All supplier/contractors who perform work within the City, must have on file at the Redlands City Revenue Office, a current and valid city business license.

13. CONFORMITY WITH SAFETY ORDERS: The goods and/or services covered by this Purchase Order or contract must conform to the safety order of OSHA, CAL-OSHA, and/or NIOSHA and any and all applicable material safety data sheets (MSDS).

14. PREVAILING WAGES: When applicable, the City is subject to the State of California prevailing wage laws as set forth in California Labor Code Section 1770 et seq. The contractor is responsible for determining the appropriate Department of Industrial Relations (DIR) classification for the various employees and subcontractors used for a particular project or service. The rates for each classification are posted on the DIR website at http://www.dir.ca.gov/DIRdatabases.html. All contractors performing work for the City are responsible for abiding by all applicable prevailing wage laws, and must furnish the City with Certified Payroll Records upon request.

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ITEM # DESCRIPTION QUANTITY UOM UNIT PRICE EXTENDED PRICE Ship Email:

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Purchase Order # 22400551
Purchase Order Total
Total Ext. Price
$579,223.04
$579,223.04

PLEASE SEE ATTACHED PURCHASE ORDER TERMS AND CONDITIONS

PURCHASE ORDER
[email protected]

1.0000 EA $1,236.3600 $1,236.36FCS ADMIN MAINTENANCE10
[email protected]

1.0000 EA $24,686.6400 $24,686.64FCS BUILDING MAINTENANCE LEASE11 [email protected]

1.0000 EA $1,430.1600 $1,430.16FCS BUILDING MAINT. MAINTENANCE12 [email protected]

1.0000 EA $61,915.4400 $61,915.44FCS PARKS LEASE MEASURE T FCS2200113 [email protected]

1.0000 EA $3,604.0000 $3,604.00FCS PARKS MAINTENANCE MEASURE T FCS2200114 [email protected]

1.0000 EA $13,818.0000 $13,818.00FCS PARKS LEASE MEASURE T FY 2023-2415 [email protected]

1.0000 EA $1,200.0000 $1,200.00FCS PARKS MAINTENANCE MEASURE T FY 2023-2416 [email protected]

1.0000 EA $9,188.4000 $9,188.40FCS STREETS LEASE17
[email protected]

1.0000 EA $417.0000 $417.00FCS STREETS MAINTENANCE18
[email protected]

1.0000 EA $55,406.0400 $55,406.04FCS STREETS LEASE MEASURE T FCS2200119 [email protected]

1.0000 EA $3,296.7600 $3,296.76FCS STREETS MAINTENANCE MEASURE T FCS2200120 [email protected]

1.0000 EA $9,400.0000 $9,400.00FCS RECREATION & SENIOR SERVICES LEASE MEASURE T FY 2023-2421 [email protected]

1.0000 EA $600.0000 $600.00FCS RECREATION & SENIOR SERVICES MAINTENANCE MEASURE T FY 2023-2422 [email protected]

1.0000 EA $5,977.0800 $5,977.08FCS ANIMAL SERVICES LEASE23 [email protected]

1.0000 EA $416.1600 $416.16FCS ANIMAL SERVICES MAINTENANCE24 [email protected]

1.0000 EA $64,404.6000 $64,404.60MUED WATER PRODUCTION LEASE25 [email protected]

1.0000 EA $2,971.8000 $2,971.80MUED WATER PRODUCTION MAINTENANCE26 [email protected]

1.0000 EA $27,110.7600 $27,110.76FCS SOLID WASTE LEASE27 [email protected]

1.0000 EA $1,603.3200 $1,603.32FCS SOLID WASTE MAINTENANCE28 [email protected]

1.0000 EA $32,372.4000 $32,372.40MUED WASTEWATER LEASE29 [email protected]

1.0000 EA $1,344.1200 $1,344.12MUED WASTEWATER MAINTENANCE30 Redlands Regular Meeting of 02-06-24
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Purchase Order # 22400551
Purchase Order Total
Total Ext. Price
$579,223.04
$579,223.04

PLEASE SEE ATTACHED PURCHASE ORDER TERMS AND CONDITIONS

PURCHASE ORDER
[email protected]

1.0000 EA $15,649.3200 $15,649.32FCS GROVES LEASE31
[email protected]

1.0000 EA $911.0400 $911.04FCS GROVES MAINTENANCE32
[email protected]

1.0000 EA $14,067.8400 $14,067.84FCS CEMETERY LEASE33
[email protected]

1.0000 EA $846.9600 $846.96FCS CEMETERY MAINTENANCE34
[email protected]

1.0000 EA $14,047.3200 $14,047.32FCS EQUIPMENT MAINT. DIV LEASE35 [email protected]

1.0000 EA $803.5200 $803.52FCS EQUIPMENT MAINT. DIV MAINTENANCE36 [email protected]
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AUTHORIZED SIGNERS FOR MOTOR VEHICLE LEASE(S)
RESOLVED, The undersigned hereby certifies (i) that he/she is the duly appointed _______________________________________________________(Title) for _____________________________________________________________ (Entity legal name) hereafter known as “The Entity”, (ii) that he/she is authorized by The Entity to execute and deliver on behalf of The Entity to Enterprise Fleet Management, hereafter known as “Enterprise” (“Lessor”) and the Master Lease Agreement between Enterprise and the Entity ) the (“Lessee”), and (iii) that the following individuals are authorized and empowered on behalf of and in the name of The Entity to execute and deliver to Enterprise Schedules to the Lease for individual motor vehicles, together with any other necessary documents in connection with those Schedules:

RESOLVED FURTHER, that:

Bond Rating: _________________________________ Rating Agency: ______________________________ Federal ID#: _________________________________ RESOLVED FURTHER, that EFM is authorized to act upon this authorization until written notice of its revocation is received by EFM.

I do hereby certify that I am an authorized representative of this Company and have been given the authority to sign this agreement on behalf of the Company . ______________________________________________________
Print Name
______________________________________________________
Print Name
______________________________________________________
Print Name
______________________________________________________
Print Name
______________________________________________________
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______________________________________________________
Print Name
______________________________________________________
Print Name
___________________________
Date
______________________________________________________
Signature
______________________________________________________
Title
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Title
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© 2018 Enterprise Fleet Management, Inc. H00479_Authorized Signer Page

AUTHORIZED SIGNER
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City Council Meeting K. 4.

DATE: 02/06/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of an Assignment and Assumption Agreement between the City of Redlands, Southern California Fleet Services, Inc., and SVT Fleet, LLC, for Onsite Fleet Maintenance and Repair Services (Facilities and Community Services Director Crocker) MOTION(S):

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

I move the City Council determine that approval of the Assignment and Assumption Agreement City of Redlands, Southern California Fleet Services, Inc., and SVT Fleet, LLC is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

1. I move to approve the Assignment and Assumption Agreement between the City of Redlands, Southern California Fleet Services, Inc., and SVT Fleet, LLC, for Onsite Fleet Maintenance and Repair Services.

2. RECOMMENDATION:

Staff recommends that the City Council determine that approval of the Assignment and Assumption Agreement City of Redlands, Southern California Fleet Services, Inc., and SVT Fleet, LLC, for Onsite Fleet Maintenance and Repair Services is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines and approve the Assignment and Assumption Agreement.

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DISCUSSION:

In June 2021, the City Council approved an agreement to perform non-professional services for equipment and supplies (Agreement) with Southern California Fleet Services, Inc., (So Cal Fleet) for consolidated onsite fleet maintenance and repair services.

On November 21, 2023, So Cal Fleet notified the City that So Cal Fleet will be entering into an asset purchase agreement with SVT Fleet, LLC, a subsidiary of Velocity Vehicle Group, for the sale of Southern California Fleet Services / Fleet-Line Truck and Equipment Repair’s assets, including the Agreement with the City of Redlands. The attached Assignment and Assumption agreement is an official request for the City to consent to Southern California Fleet Services Fleet-Line Truck and Equipment Repair to transfer the Agreement to SVT Fleet, LLC.

The services provided by So Cal Fleet include repairs, regulatory compliance, vehicle maintenance, and record keeping and are vital to the operations of the Equipment Maintenance Division.

Approval of the Assignment Agreement is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

ALTERNATIVES:

City Council may elect not to approve the Assignment and Assumption Agreement. However, this will severely impact the ability to maintain the City's fleet of equipment and vehicles.

STRATEGIC PLAN:

Not Applicable
SUBMITTED BY:

Tabitha Crocker, Facilities and Community Services Department Director RECOMMENDED BY:

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

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

Tricia Swope, Manager, Facilities and Community Services Fiscal Impact
Discussion:

There is no fiscal impact related to this administrative change.

Attachments
Assignment and Assumption Agreement
Southern California Fleet Agreement (Reference)
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1 I:\cmo\Agreements\SVT Fleet, LLC Assignment and Assumption Agreement FY23-0015.docx-ms

ASSIGNMENT AND ASSUMPTION AGREEMENT OF NON-PROFESSIONAL SERVICES

AGREEMENT FOR EQUIPMENT AND SUPPLIES

THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (this “Assignment”) is made this 6th day of February 2024 (“Effective Date”) among City of Redlands, a municipal corporation (“City”), Southern California Fleet Services Inc., a California corporation (“Assignor”) and SVT Fleet, LLC, a California limited liability company, a wholly owned subsidiary of Velocity Vehicle Group (“Assignee”).

W I T N E S E T H:

WHEREAS, the City and Assignor entered into that certain Agreement to Perform Non - Professional Services for Equipment and Supplies dated June 1, 2021, as amended and extended (the “Agreement”) and

WHEREAS, Assignor and Assignee entered into an agreement dated December 29, 2023 for Assignee to acquire all or substantially all of the assets of Assignor; and

WHEREAS, Section 8.2 of the Agreement describes the process for assignment of the rights, duties, and obligations under the Agreement (a “transfer”), and specifies that such transfer requires the prior written consent of the City; and
WHEREAS, the Assignee requested City to consent to the transfer of the Agreement; and WHEREAS, Assignee has demonstrated to the City’s satisfaction that Assignee has the operational and financial ability to perform the terms of this Agreement; and

WHEREAS, subject to City approval as provided in the Agreement, Assignor desires to convey and assign to Assignee, and Assignee desires and agrees to accept and assume all of the rights, duties, obligations, title and interest of Assignor with respect to the Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be bound hereby, agree as follows:

1. ASSIGNMENT. Assignor does hereby irrevocably convey, transfer and assign to Assignee, all of the rights, title, interest, duties and obligations of Assignor with respect to the Agreement (the “Assigned Interest”).

2. ASSUMPTION. Subject to the terms and conditions of this Assignment, Assignee hereby irrevocably accepts and assumes the Assigned Interest and from the Effective Date agrees to perform and be bound by all the terms, conditions and covenants of, and assumes the duties and obligations of Assignor with respect to, the Assigned Interest.

3. CITY APPROVAL OF ASSIGNMENT. Subject to the terms and conditions of this Assignment, the City hereby approves and consents to the assignment and assumption of the Agreement to Assignee.

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2 I:\cmo\Agreements\SVT Fleet, LLC Assignment and Assumption Agreement FY23-0015.docx-ms

4. REMEDIES OF ASSIGNOR. Assignor shall have the right to enforce the provisions of this Assignment and Assignee’s obligations by any appropriate legal or equitable actions and remedies in the event of any delay, failure to perform or breach by Assignee under the provisions of this Assignment assumed by Assignee.

5. REMEDIES OF CITY. City shall have the right under the Agreement to enforce the provisions of this Assignment and the assumed obligations by any appropriate legal or equitable actions and remedies in the event of any delay, failure to perform or breach by Assignee under the provisions of this Assignment assumed by Assignee.

6. FURTHER ASSURANCES. Assignor and Assignee shall execute and deliver all such other and further documents and perform all such further acts that may be necessary to effectuate the terms and provisions of this Assignment.

7. SUCCESSORS AND ASSIGNS . This Assignment shall be binding on all successors and permitted assigns of the Parties and inure to the benefit of the respective successors and permitted assigns of the Parties.

8. NOTICES. Notices under this Assignment shall be sent in the manner as follows:

To Assignor: Southern California Fleet Services, Inc.

Attn: Tom Franchina, President
2855 Sampson Avenue
Corona, CA 92879
[email protected]
Phone (951) 272-8655

With a copy to: Best Best & Krieger LLP
Attn: William Wolff
18101 Von Karman Avenue, Suite 1000
Irvine, CA 92612
[email protected]
Phone (951) 826-8341

To Assignee: SVT Fleet, LLC
Attn: Mitch Beckett, Director, Government Sales
15724 Valley Blvd
Fontana, CA 92335
[email protected]

To City: City Clerk
City of Redlands
35 Cajon Street
P.O. ox 3005 (mailing)
Redlands, CA 92373
[email protected]
Phone: (909) 798-7531
Fax: (909) 798-7535
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3 I:\cmo\Agreements\SVT Fleet, LLC Assignment and Assumption Agreement FY23-0015.docx-ms

9. HEADINGS. Section headings in this Assignment are for convenience only and are not intended to be used in interpreting or constraining the terms, covenants or conditions of this Assignment.

10. GOVERNING LAW. This Assignment shall be deemed made and prepared and shall be governed, construed and interpreted in accordance with the laws of the State of California, without reference to conflicts of laws rules.

11. NO AMENDMENT TO ASSIGNED AGREEMENT. Nothing contained herein shall change, alter or otherwise amend the terms of the Agreement, which shall remain in full force and effect, subject to the assignment, assumption and amendment of the Agreement as set forth herein.

12. SEVERABILITY. If any term or provision of this Assignment shall be held invalid or unenforceable, the remainder of this Assignment shall not be affected.

13. COUNTERPARTS. The Parties may execute this Assignment in one or more counterparts, which shall, in the aggregate, be signed by all the Parties; each counterpart shall be deemed an original instrument as against any Party who has signed it. Signatures delivered by facsimile or portable document format (.pdf) shall be deemed to be original signatures.

[Signature Page Follows]
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Jeanne Donaldson, City Clerk

IN WITNESS WHEREOF, this Assignment has been duly executed and delivered by a duly authorized representative of each of the Parties as of the date first above written.

SOUTHERN CALIFORNIA FLEET
SERVICES, a California Corporation
“ASSIGNOR”

By:

Name: Tom Franchina
Title: President

SVT FLEET, LLC
a California limited liability company,
“ASSIGNEE”

By:

Name: Bradley C. Fauvre
Title: President

THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT OF THE FOREGOING

ASSIGNMENT AND ASSUMPTION AGREEMENT AND CONSENTS TO THE ASSIGNMENT CONTEMPLATED HEREUNDER:

CITY OF REDLANDS

By:

Eddie Tejeda
Mayor

ATTEST:

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Jeanne Donaldson, City Clerk

IN WITNESS WHEREOF, this Assignment has been duly executed and delivered by a duly authorized representative of each of the Parties as of the date first above written.

SOUTHERN CALIFORNIA FLEET
SERVICES, a California Corporation
“ASSIGNOR”

By:

Name: Tom Franchina
Title: President

SVT FLEET, LLC
a California limited liability company,
“ASSIGNEE”

By:

Name: Bradley C. Fauvre
Title: President

THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT OF THE FOREGOING

ASSIGNMENT AND ASSUMPTION AGREEMENT AND CONSENTS TO THE ASSIGNMENT CONTEMPLATED HEREUNDER:

CITY OF REDLANDS

By:

Eddie Tejeda
Mayor

ATTEST:

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City Council Meeting K. 5.

DATE: 02/06/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Adoption of Resolution No. 8547, amending Resolution No. 8331 and rescinding Resolution No. 8496, to approve the First Amendment to the Agreement with P & S Truck Center for
heavy-duty truck repair parts, increasing the total compensation to an amount not-to-exceed $147,854; and a Second Amendment to the Agreement with Ken Grody Ford for Ford Original Equipment Manufacturer (OEM) parts and repair services, increasing the total compensation to an amount not-to-exceed $524,242 and make the determination that adoption is exempt from environmental review pursuant to Section 15061 (b)(3) of the State's guidelines implementing the California Environmental Quality Act Guidelines (Facilities and Community Services Director Crocker)
MOTION(S):

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

I move that the City Council determine that the adoption of Resolution No. 8547 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 the City Council adopt Resolution No. 8547, amending Resolution No. 8331 and rescinding Resolution No. 8496, to approve the First Amendment to the Agreement with P & S Truck Center for heavy-duty truck repair parts, increasing the total compensation to an amount not-to-exceed $147,854; and a Second Amendment to the Agreement with Ken Grody Ford for Ford Original Equipment Manufacturer (OEM) parts and repair services, increasing the total compensation to an amount not-to-exceed $524,242.

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RECOMMENDATION:

Staff recommends City Council's adoption of Resolution No. 8547 amending Resolution No. 8331 and rescinding Resolution No. 8496, to approve a First Amendment to the Non-Professional Services Agreement with P & S Truck Center to provide heavy-duty truck repair parts, increasing the total compensation to an amount not-to-exceed $147,854; and the Second Amendment to the Non-Professional Services Agreement with Ken Grody Ford to provide Ford Original Equipment Manufacturer (OEM) parts and repair services, increasing the total compensation to an amount not-to-exceed $524,242 and that the City Council determine that the adoption of Resolution No. 8547 is exempt from environmental review pursuant to Section 15061 (b)(3) of the State's guidelines implementing the California Environmental Quality Act; DISCUSSION:

The City of Redlands Facilities & Community Services Department's Equipment Maintenance Division oversees the maintenance of approximately 470 vehicles and the City’s fuel station. The fleet inventory includes light-duty, heavy-duty, off-road, and commercial vehicles which require ongoing maintenance and repair. On June 21, 2022, under Resolution No. 8331, the City Council approved a Non-Professional Services Agreement with Ken Grody Ford Redlands, LLC and with P & S Truck Center for heavy-duty truck repair parts on an as-needed basis, both with the option for a three-year term. On July 5, 2023, under Resolution No. 8496, the City Council approved the First Amendment to the Agreement with Ken Grody Ford Redlands, LLC.

During the Fiscal Year 2023-24 the Equipment Maintenance Division received an influx of vehicle repairs resulting in the need for an increased supply of Ford OEM parts. OEM parts have unique design features that cannot be replaced by non-OEM parts and the use of alternate parts would void a manufacturer's warranty. Due to the influx of vehicle repairs, the demand for OEM parts and repair services has significantly increased. Therefore, staff is requesting adoption of Resolution No. 8547 approving the Second Amendment to the Agreement with Ken Grody Redlands, LLC, and increasing the not-to-exceed amount from $325,312 to $524,242.

Additionally, during the Fiscal Year 2023-24, the Equipment Maintenance Division received an influx of heavy-duty vehicle repairs resulting in the need for an increased supply of heavy-duty truck parts. Thus, staff is requesting adoption of Resolution No. 8547 rescinding Resolution No. 8496 to approve the First Amendment to the Non-Professional Services Agreement with P & S Truck Center increasing the not-to-exceed amount from $89,563.20 to $147,854.

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ALTERNATIVES:

City Council may elect not to approve the amendments or adopt Resolution No. 8547. However, this action will adversely affect the Division's ability to service the City's equipment.

STRATEGIC PLAN:

Not Applicable.

SUBMITTED BY:

Tabitha Crocker, Facilities and Community Service Director RECOMMENDED BY:

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

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

Larry Alms, Senior Administrative Assistant
Fiscal Impact
Fiscal Year: FY 2023-24
Appropriation Required Y/N: Y
Amount: $257,221
Budgeted Y/N: Y
Account No.: 607900
Discussion:

For Fiscal Year 2023-24, the Ken Grody Ford Redlands Agreement not to exceed amount is $524,242 and the P & S Truck Center Agreement not to exceed amount is $147,854. Sufficient funding for these services is included in the Equipment Maintenance Division's (607900) budget for Fiscal Year 2023-24 as approved by the City Council. Costs associated with any future renewal terms of the agreement will be included in subsequent budget requests prepared by the Department.

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Attachments
Resolution No. 8547
First Amendment P & S Truck Center
Second Amendment Ken Grody Redlands, LLC
Resolution No. 8331 and 8496
P &S Truck Center Agreement
Ken Grody Redlands, LLC Agreement
Ken Grody Redlands, LLC First Amendment
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1 I:\cmo\Resolutions\8547 Amending Resolution 8331 and Rescinding Resolution 8496.docx-ms

RESOLUTION NO. 8547

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS AMENDING RESOLUTION NO 8331 and RESCINDING 8496 TO AMEND

NON-PROFESSIONAL SERVICES AGREEMENT S WITH P & S TRUCK
CENTER AND KEN GRODY REDLANDS, LLC , WITH THE CITY’S

FACILITIES AND COMMUNITY SERVICES DEPARTMENT

WHEREAS, the Facilities and Community Services Department regularly purchases a variety of supplies and services from to support City operations pursuant to bids for products and services in accordance with the Redlands Municipal Code; and

WHEREAS, on June 21, 2022, the City Council of the City of Redlands approved Resolution No. 8331 approving various agreements and annual purchase orders for the City’s Facilities and Community Services Department for Fiscal Year 2022-23; and

WHEREAS, on July 5, 2023 the City Council of the City of Redlands approved Resolution No. 84 96 amending Resolution No. 8331 and approving an agreement amendment and annual purchase order modification with Ken Grody Redlands, LLC, for Fiscal Year 2022-23; and

WHEREAS, there is a need to amend the purchase order and Non -Professional Services Agreement with Ken Grody Redlands, LLC dated June 21, 2022 due to increased vehicle repairs; and

WHEREAS, there is a need to amend the purchase order and Non -Professional Services Agreement with P & S Truck Center dated June 21, 2022 due to increased vehicle repairs;

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

Section 1. Section 12 of Resolution No. 8331 is hereby amended to read as follows:

“Section 12. The City Council hereby approves an agreement with P & S Truck Center for Heavy Duty Truck repair parts in an amount not to exceed $ 29,854.40 for the initial term, $59,000 for the first Extended Term; and $59,000 for the second Extended Term, bringing the total an amount not to exceed $147,854.40.”

Section 2. The City Council hereby approves the First Amendment to the Non - Professional Services Agreement with P & S Truck Center, attached hereto and incorporated by reference herein as Exhibit “A”.

Section 3. Section 8 of Resolution No. 8331 is hereby amended to read as follows:

“Section 8. The City Council hereby approves an agreement with Ken Grody Redlands, LLC for Ford OEM parts and repair s in an amount not to exceed $128,242 for the initial term, $198,000 for the first Extended Term; and $198,000 for the second Extended Term, bringing the total an amount not to exceed $524,242.”
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Section 4. The City Council hereby approves the Second Amendment to the Non - Professional Services Agreement with Ken Grody Redlands, LLC, attached hereto and incorporated by reference herein as Exhibit “B”.

Section 5. The City Council hereby rescinds Resolution No. 8496 Amending Resolution No. 8331 to Amend a Single/Sole Source Purchase Order and Non -Professional Services with Ken Grody Ford Redlands, LLC for the City’s Facilities and Community Services Department for fiscal year 2022-23.

ADOPTED, SIGNED, AND APPROVED this 6th day of February 2024.

__________________________
Eddie Tejeda, Mayor

ATTEST:

____________________________
Jeanne Donaldson, City Clerk
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I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 6th day of February 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Jeanne Donaldson, City Clerk

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EXHIBIT A

FIRST AMENDMENT TO AGREEMENT WITH

P & S TRUCK CENTER

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EXHIBIT B

SECOND AMENDMENT TO AGREEMENT WITH

KEN GRODY REDLANDS, LLC

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1 I:\cmo\Agreements\P & S Truck Center First Amendment FY23-0017.docx-ms

FIRST AMENDMENT TO AGREEMENT TO PERFORM PROFESSIONAL SERVICES

This First Amendment (“First Amendment”) to the agreement for repair parts for heavy- duty trucks (“Agreement”), dated June 21, 2022, by and between the City of Redlands, a municipal corporation, and a general law city (“City”), and P & S Truck Supply, Inc. a California corporation dba P & S Truck Center (“Contractor”), is made and entered into this 6th day of February, 2024.

RECITALS

WHEREAS, it is the desire of the City and Contractor to amend their existing Agreement, specifically the payments to Contractor;

NOW, THEREFORE, for good and valuable consideration in the receipt of which is hereby acknowledged City and Contractor agree as follows:

AGREEMENT

Section 1. Section 5.1 of the Agreement, under Article 5 entitled “Payments to Contractor,” is hereby amended to read as follows:

Compensation: The compensation for Contractor’s performance of the Services shall not exceed the amount of twenty-nine thousand eight hundred fifty -four dollars and forty cents ($29,854.40) for the Services provided during the Initial Term. Should this Agreement be renewed, the compensation for Contractor’s performance for the Services shall not exceed the amount of fifty nine thousand dollars ($59,000) for the first Extended Term; and fifty nine thousand dollars ($59,000) for the second Extended Term, bringing the total possible amount of compensation to a not-to-exceed amount of one hundred forty seven thousand eight hundred fifty-four thousand dollars and forty cents ($147,854.40). For the Initial Term and each Extended Term, City shall pay Contractor on a time and materials basis up to the not to not-to-exceed amount in accordance with the rates specified in Exhibit “B,” titled “Fee Schedule,” which is attached hereto and incorporated herein by reference.

Section 2. All other provisions of the Agreement shall remain unchanged by th is First Amendment and in effect.

IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of February 6, 2024.

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CITY OF REDLANDS P & S TRUCK CENTER

________________________________ By: __________________________________ Eddie Tejeda, Mayor Mary McKee, Owner

ATTEST:

__________________________________
Jeanne Donaldson, City Clerk
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1 I:\cmo\Agreements\Ken Grody Redlands, LLC Second Amendment FY23-0016.docx-ms

SECOND AMENDMENT TO AGREEMENT TO PERFORM PROFESSIONAL SERVICES

This Second Amendment (“ Second Amendment”) to the agreement for Ford original equipment manufacturer parts and repair services (“Agreement”), dated June 21, 202 2, by and between the City of Redlands, a municipal corporation, and a general law city (“City”), and Ken Grody Redlands, LLC, a California limited liability company (“Contractor”), is made and entered into this 6th day of February, 2024.

RECITALS

WHEREAS, it is the desire of the City and Contractor to amend their existing Agreement, specifically the payments to Contractor;

NOW, THEREFORE, for good and valuable consideration in the receipt of which is hereby acknowledged City and Contractor agree as follows:

AGREEMENT

Section 1. Section 5.1 under Article 5 of the Agreement, entitled “Payments to Contractor,” is hereby amended to read as follows:

Compensation: The compensation for Contractor’s performance of the Services shall not exceed the amount of one hundred twenty -eight thousand two hundred forty -two dollars ($128,242) for the Services provided during the Initial Term. Should this Agreement be renewed, the compensation for Contractor’s performance for the Services shall not exceed the amount of one hundred ninety eight thousand dollars ($198,000) for the first Extended Term; and one hundred ninety-eight thousand dollars ($198,000) for the second Extended Term, bringing the total possible amount of compensation to a not -to-exceed amount of five hundred twenty four thousand two hundred forty-two dollars ($524,242). For th e Initial Term and each Extended Term, City shall pay Contractor on a time and materials basis up to the not to not-to-exceed amount in accordance with the rates specified in Exhibit “B,” titled “Fee Schedule,” which is attached hereto and incorporated herein by reference.

Section 2. All other provisions of the Agreement shall remain unchanged by th is Second Amendment and in effect.

IN WITNESS WHEREOF, the parties have executed this Second Amendment, to be effective as of February 6, 2024.

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2 I:\cmo\Agreements\Ken Grody Redlands, LLC Second Amendment FY23-0016.docx-ms

CITY OF REDLANDS KEN GRODY REDLANDS, LLC

________________________________ By: __________________________________ Eddie Tejeda, Mayor Trever DeSherlia, Parts & Service Director

ATTEST:

__________________________________
Jeanne Donaldson, City Clerk
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RESOLUTION NO. 8496

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS AMENDING RESOLUTION NO 8331 TO AMEND A SINGLE/ SOLE SOURCE

PURCHASE ORDER AND NON- PROFESSIONAL SERVICES AGREEMENT

WITH KEN GRODY FORD REDLANDS, LLC FOR THE CITY' S FACILITIES AND COMMUNITY SERVICES DEPARTMENT FOR FISCAL YEAR 2022- 23 WHEREAS, the Facilities and Community ServicesDepartmentregularly purchasesavariety of supplies and services from to support City operations pursuant to bids for products and services in accordance with the Redlands Municipal Code; and
WHEREAS, on June21, 2022, the City Council of the City of RedlandsapprovedResolution No. 8331 approving annual purchase orders for the City' s Facilities and Community Services Department for Fiscal Year 2022- 23; and
WHEREAS, there is a need to amend the purchase order and Non -Professional Services Agreement with Ken Grody Ford Redlands, LLC dated June 21, 2022 due to increased vehicle repairs; and

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

Section 1. Section 8 of Resolution No. 8331 is hereby amended to read as follows:

Section 8. The City Council hereby approves an agreement with Ken Grody Ford Redlands for Ford OEM parts andrepair in an amount not to exceed $128,242 for the initial term, $98, 535 for the first Extended Term; and $98,535 for the second Extended Term, bringing the total an amount not to exceed $ 325, 312."
Section 2. The City Council hereby approves the First Amendment to the Non - Professional Services Agreement with Ken Grody Ford Redlands, LLC , attached hereto and incorporatedby referenceherein asExhibit " A".

ADOPTED, SIGNED, ANDAPPROVEDthis5thdayofJul .

ATTEST:
e Donaldson, City Clerk
1 ddie Tejeda, Mayo
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I, JeanneDonaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution wasdulyadoptedbytheCityCouncilataregularmeetingthereofheldonthe5thdayof July, 2023, by the following vote:

AYES: Councilmembers Davis, Guzman -Lowery, Saucedo; Mayor Tejeda NOES: None
ABSENT: Councilmember Barich
ABSTAINED: None
e Donaldson, City Clerk
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AGREEMENT TO PERFORM NON- PROFESSIONAL SERVICES

FOR EQUIPMENT AND SUPPLIES
This agreementfor the provision of repair parts for heavy duty trucks ("Agreement") is madeand enteredin this 21st day of June, 2022 ("Effective Date"), by and betweenthe City of Redlands, a municipal corporation (" City") and P & S Truck Center (" Contractor") City and Consultant are sometimes individually referred to herein as a " Party" and, together, as the Parties " In consideration of the mutual promises contained herein, City and Consultant agree as follows
ARTICLE 1 — ENGAGEMENT OF CONTRACTOR
1 1 City hereby engagesContractor to supply repair parts for heavy duty trucks servicesfor City ( the " Services")

1. 2 The Servicesshall be performedby Contractorin a professionalmanner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competencypresently maintained by other practicing professional Contractors in the industry providing like and similar types of Services ARTICLE 2 — SERVICES OF CONTRACTOR
2 1 The Services that Contractor shall perform are more particularly described in Exhibit " A," titled " Scope of Services," which is attachedhereto and incorporated herein by this reference

2. 2 Contractorshall comply with applicablefederal, stateandlocal laws andregulationsin the performanceof this agreementincluding, but notlimited to, anyapplicableStateprevailing wage laws
ARTICLE 3 — RESPONSIBILITIES OF CITY
3 1 City shall make availableto Contractorinformation in its possessionthat may reasonably assist Contractor in performing the Services
3 2 City designates Chris Boatman, Assistant City Manager Director, as City' s representative with respectto performance of the Services, and suchperson shall have the authority to transmit instructions, receive information, interpret and define City' spolicies and decisions with respect to performance of the Services
ARTICLE 4 — PERFORMANCE OF SERVICES
4 1 Contractor shall perform and complete the Servicesin a prompt and diligent mannerin accordance with the schedule set forth in Exhibit " A," titled " Scope of Services," which is attached hereto and incorporated herein by this reference. 4 1 The term of this Agreement shall be for a period of one ( 1) year commencing on July 1, 2022 ( the " Initial Term") The City shall havethe option to extendthe Initial Term of this 1 L:\ ca\ Agreements\ P & S Truck Center Agreement.NPS-2.1.FY21- 0158.docx.jn Redlands Regular Meeting of 02-06-24
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Agreementby two (2) additional one-yearterms (each, an "ExtendedTerm"), on the same terms and conditions, by providing written notice to Contractor at leastthirty ( 30) days prior to the expiration of the Initial Term or any Extended Term. The Initial Term and the Extended Terms are hereby collectively, referred to herein as the " Term" of this Agreement.

4. 2 If Contractor' s Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to City, consistentwith City Council -adopted policy for the same It shall be the obligation of Contractor to obtain a copy of suchpolicy from City staff.

ARTICLE 5 — PAYMENTS TO CONTRACTOR
5 1 The compensation for Contractor' s performance of the Services shall not exceed the amount of Twenty -Nine Thousand Eight Hundred Fifty - Four Dollars and 40 Cents 29,854 40) for the Servicesprovided during the Initial Term. Shouldthis Agreementbe renewed, the compensation for Contractor' s performance for the Services shall not exceed the amount of Twenty Nine Thousands Eight Hundred Fifty Four Dollars and 40 Cents 29,854 40) for the first Extended Term, and Twenty Nine Thousands Eight Hundred Fifty Four Dollars and40 Cents ($29,85440) for the secondExtendedTerm, bringing the total possibleamountof compensationto anot -to -exceedamountof Eighty Nine Thousand Five Hundred Sixty ThreeDollars and Twenty Cents ($89, 563. 20) For the Initial Term andeachExtendedTerm, City shallpay Contractoron a time andmaterialsbasisup to the not to not - to - exceed amount in accordance with the rates specified in Exhibit " B," titled Fee Schedule," which is attached hereto and incorporated herein by reference.

5. 2 Contractor shall submit monthly invoices to City describing the Services performed during theprecedingmonth. Contractor'sinvoicesshallinclude abrief descriptionof theServices performed, thedatesthe Serviceswereperformed, thenumberof hoursspentandby whom.

City shall pay Contractorno later than thirty (30) daysafter receipt and approval by City of Contractor' s invoice
5 3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any suchnotice shall be deemeddelivered (i) on the date of delivery in person, (ii) five (5) daysafterdepositin first classregisteredmail, with return receiptrequested, (iii) on the actualdelivery dateif depositedwith anovernight courier, or iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneouslyby first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or suchother addressasa Party may provide notice in accordancewith this section.

CITY
City Clerk
City of Redlands
35 Cajon Street
P 0 Box 3005 ( mailing)

CONTRACTOR
Mary McKee, Owner
P & S Truck Center
161 E Valley Blvd.

Rialto, CA 92376
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Redlands, CA 92373
jdonaldson@cityofredlands. org
909) 798- 7531
pstruckcenter@hotmail. com
909- 874- 2000
ARTICLE 6 — INSURANCE AND INDEMNIFICATION
6 1 The following insurance coveragerequired by this Agreement shall be maintained by Contractor for the duration of its performance of the Services Contractor shall not perform anyServicesunlessanduntil therequiredinsurancelistedbelow is obtainedby Contractor Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty ( 30) days prior written notice to City
A. Workers' Compensation and Employer' s Liability insurance in the amount that meets statutoryrequirementswith an insurancecarrier acceptableto City, or certification to City that Contractoris self -insuredor exemptfrom theworkers' compensationlaws of the State of California. Contractor shall execute and provide City with Exhibit " C," titled " Workers' Compensation Insurance Certification," which is attached hereto and incorporatedhereinby this reference, prior to performanceof the Services.

B Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($ 1,000,000) per occurrence and Two Million Dollars ($ 2,000,000) aggregate, for public liability, property damage and personal injury is required. City shallbenamedasanadditionalinsuredandsuchinsuranceshall beprimary andnon-contributing to anyinsuranceor self-insurancemaintainedby City C Business Auto Liability coverage, with minimum limits of One Million Dollars 1,000,000) per occurrence, combinedsinglelimit bodily injury liability andproperty damageliability This coverageshall include all Contractor owned vehicles usedin connection with Contractor' s provision of the Services, hired and non -owned vehicles, and employeenon -ownership vehicles City shall be namedas an additional insured and such insuranceshall be primary and non-contributing to any insuranceor self- insurancemaintainedby City

6. 2 Contractorshall defend, indemnify, andhold harmlessCity andits electedandappointed officials, employeesand agentsfrom and againstany and all claims, lossesand liability, including attorneys' fees, arising from injury or deathto personsor damageto property occasionedby any negligent act or omissionby, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services ARTICLE 7 — CONFLICTS OF INTEREST
7 1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interestin real property or investmentthat would be affectedin any manneror degreeby theperformanceof Contractor'sServicesContractorfurthercovenantsandrepresentsthat 3 L:\ca\Agreements\P & S Truck Center Agreement.NPS-2. 1.FY21- 0158.docx.jn Redlands Regular Meeting of 02-06-24
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in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.
7 2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor
A. Does not make a governmental decision whether to
i) approve a rate, rule or regulation, or adopt or enforce a City law; ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement, iii) authorizeCity to enterinto, modify or renewa contract; iv) grant City approvalto a contractthat requiresCity approval andto which City is a party, or to the specifications for such a contract; v) grant City approvalto aplan, design, report, study or similar item, vi) adopt, or grant City approvalof, policies, standardsor guidelinesfor City or for any subdivision thereof.

B Doesnot servein a staff capacitywith City and, in that capacity, participatein making agovernmentaldecisionor otherwiseperformthesameor substantiallythesameduties for City that would otherwise be performed by an individual holding a position specified in City' s Conflict of Interest Code under Government Code section 87302 7 3 In theeventCity determinesthatContractormustdiscloseits financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk.

ARTICLE 8 — GENERAL CONSIDERATIONS
8 1 In the eventany action is commencedto enforceor interpret anyof the termsor conditions of this Agreement the prevailing Party shall, in addition to any costsand other relief, be entitled to the recovery of its reasonableattorneys' fees, including feesfor the useof in- housecounselby a Party

8. 2 Contractorshall not assignany of the Services, exceptwith the prior written approvalof City and in strict compliance with the terms and conditions of this Agreement. Any assignmentor attemptedassignmentwithout suchprior written consentmay, in the sole discretion of City, results in City' s immediate termination of this Agreement.

8. 3 Contractor is for all purposesunder this Agreement an independentcontractor and shall performtheServicesasanindependentcontractorNeitherCity noranyof its agentsshall have control over the conduct of Contractor or Contractor' s employees, except as herein set forth. Contractor shall supply all necessarytools and instrumentalities required to performtheServices. Assignedpersonnelemployedby Contractorarefor its accountonly, and in no event shall Contractor or personnelretained by it be deemedto have been employedby City or engagedby City for theaccountof, or onbehalfof City Contractor shall have no authority, expressor implied, to act on behalf of City in any capacity 4 L:\ ca\ Agreetnents\ P & S Truck Center Agreement.NPS-2.1.FY21- 0158,docx.jn Redlands Regular Meeting of 02-06-24
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whatsoeverasanagent, nor shallContractorhaveanyauthority, expressor implied, to bind City to any obligation.
8 4 This Agreementmay be terminatedby City, in its sole discretion, by providing not less than ten (10) daysprior written notice to Contractorof City' s intent to terminate If this Agreement is terminated by City, an adjustmentto Contractor's compensationshall be made, but ( 1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) anypaymentdueContractoratthetime of terminationmaybeadjustedto theextent of any additional costs to City occasioned by any default by Contractor Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five ( 5) days of the date of the termination notice, deliver or otherwise make available to City, copies ( in both hard copy and electronic form, where applicable) of project related data, drawings, specifications, reports, summaries and such other information andmaterialsasmay havebeenaccumulatedby Contractorin performing the Services Contractor shall be compensated on apro- rata basis for Services completed up to the date of termination.
8 5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for anylongerperiodrequiredby law, from thedateof final paymentto Contractor pursuant to this Agreement. Such books shall be available at reasonabletimes for examination by City at the office of Contractor
8 6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, andanyprior negotiations, written proposalsor verbal agreementsrelating to suchmatters are supersededby this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor
8 7 This Agreement shall be governedby and construedin accordancewith the laws of the State of California, without regard to its conflicts of laws provisions The Parties agreethat all actions or proceedingsarising in connection with this Agreement shall be tried and litigated only in the state courts located in SanBernardino County, California, and the federal courts located in Riverside County, California. 8 8 If oneor moreof thesentences, clauses, paragraphsor sectionscontainedin this Agreement is declaredinvalid, void or unenforceableby a court of competentjurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unlessto do sowould deprive a Party of a materialbenefit of its bargainunderthis Agreement.
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IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement
Paul T Barich, Mayor
ATTEST
e Donaldson, City Clerk

P & S TRUCK CENTER
1 By z/ r_7- , : - e z
MaryMee, owner
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EXHIBIT " A"

SCOPE OF SERVICES
Contractor shall supply cost-effective heavy duty repair trucks parts in a timely efficient manner Contractor shall work collaboratively with staff to supply parts to repair various makes and models of heavy duty trucks
Theprimary manufacturersare, but limited to
International
Autocar
Peterbilt
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EXHIBIT " B"

FEE SCHEDULE
Prices include, but are not limited to overhead costs, freight delivery, and all related fees Line
Item
Parts Description Part # Brand Unit Unit Price
Core Charge*
if applicable)
Total
Price
1 Brake Shoes Kit
Front w/ 23, 000 lb
lining)
GG47020 Haldex each 56 46 25 00 81 46
2 Brake Shoes Kit
Rear)
GG47072 Haldex each 56 43 25 00 81 43
3 Brake Drum ( Front) 61528B Webb each 95 09 95. 09
4 Brake Drum ( Rear) 66884B Webb each 137 00 137. 00
5 Universal Joint M676X Merritor each 96. 95 96 95
6 Fan Clutch 90000
Kit
Master
each 532. 00 332 00 864. 00
7 Radiator 5900- 06ST Active each 840 00 840 00
8 Water Pump RW6079X Haldex each 79 00 79 00
9 Rear Brake
Chamber
GC3030P40 Haldex each 42 43 42 43
10 Gea
PowerSteering
r Box
TAS65008X
SteeringCmp
each 471. 00 200. 00 671. 000
11 AC Compressor 03- 3002 E
Truck
Air
each 229 00 229 00
12 AC Drier 07- 0602A
Truck
Air
each 19 61 19 61
A core charge is a fee that is added to the price of parts When the old part ( the core) is returned the City shall bereimbursed.
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EXHIBIT " D"

WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways
a) By being insuredagainstliability to pay compensationby oneor moreinsurersduly authorized to write compensation insurance in this State b) By securing from the Director of Industrial Relations, a certificate of consentto self -insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactoryto 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 underpenalty of perjury underthe laws of the Stateof California thatthe information and representations made in this certificate are true and correct

P & S TRUCK CENTER
By
Mary Mcj( ee, Owner
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1 I:\cmo\Agreements\1st Amendment Ken Grody Ford FY22-0201.docx-jm

FIRST AMENDMENT TO AGREEMENT TO PERFORM NONPROFESSIONAL SERVICES

FOR EQUIPMENT AND SUPPLIES

This first amendment (“First Amendment”) to the agreement for the provision of Ford original equipment manufacturer parts and repair services (“Agreement”), dated June 21, 2022, by and between the City of Redl ands, a municipal corporation and a general law city (“City”), and Ken Grody Ford Redlands, LLC (“Contractor”), is made and entered into this 5th day of July, 2023.

RECITALS

WHEREAS, it is the desire of the City and Contractor to amend their existing Agreement, specifically the compensation to Contractor;

NOW, THEREFORE, for good and valuable consideration in the receipt of which is hereby acknowledged City and Consultant agree as follows:

AGREEMENT

Section 1. The Agree ment is amended to correct Contractor’s name to “Ken Grody Redlands, LLC.”

Section 2. Article 5 of the Agreement, entitled “ Payments to Contractor ,” is hereby amended to read as follows:

“5.1 Compensation: The compensation for Contractor’s performance of the Services shall not exceed the amount of one hundred twenty-eight thousand two hundred forty-two dollars ($128,242) for the Services provided during the Initial Term. Should this Agreement be renewed, the compensation for Contractor’s performance for the Services shall not exceed the amount of ninety-eight thousand five hundred thirty-five dollars ($98,535) for the first Extended Term; and ninety-eight thousand five hundred thirty-five dollars ($98,535) for the second Extended Term, bringing the total possible amount of compensation to a not -to-exceed amount of three hundred twenty-five thousand three hundred twelve dollars ($325,312). For the Initial Term and each Extended Term, City shall pa y Contractor on a time and materials basis up to the not to not -to- exceed amount in accordance with the rates specified in Exhibit “B,” titled “Fee Schedule,” which is attached hereto and incorporated herein by reference.”

Section 3. Exhibit “B” of the Agreement, entitled “Fee Schedule,” is hereby amended and replaced by an amended Exhibit “ B”, which is attached hereto and incorporated herein by this reference as Attachment 1.

Section 4. All other provisions of the Agreement shall remain unchanged by this First Amendment and in effect.

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2 I:\cmo\Agreements\1st Amendment Ken Grody Ford FY22-0201.docx-jm IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of July 5, 2023.

CITY OF REDLANDS KEN GRODY FORD REDLANDS, LLC

________________________________ By: __________________________________ Eddie Tejeda, Mayor Trever DeSherlia, Parts & Service Director

ATTEST:

__________________________________
Jeanne Donaldson, City Clerk

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3 I:\cmo\Agreements\1st Amendment Ken Grody Ford FY22-0201.docx-jm ATTACHMENT 1

EXHIBIT "B"

FEE SCHEDULE

FORD OEM PARTS AND REPAIRS WITH PICK-UP AND DELIVERY OF VEHICLES

Item Description Unit Cost
1 Hourly Labor Rate $85.00
2 Pick-up and delivery charge, per vehicle $0.00
3 Parts and Materials: % Markup 8%

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City Council Meeting K. 6.

DATE: 02/06/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of the Public Work Contract with Superior Roofing Systems, Inc. for an amount not-to-exceed $260,925 for the Citrus Center Building Roof Repairs Project, approval of an additional appropriation in the amount of $287,017, and determination that the project is exempt from environmental review pursuant to Section 15301(d) of the State's guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker)
MOTION(S):

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

I move that the City Council determine that approval of a Public Work Contract with Superior Roofing Systems, Inc. for the Citrus Center Building Roof Repairs Project is exempt from environmental review pursuant to Section 15301(d) of the State's guidelines implementing the California Environmental Quality Act; and

1. I move that the City Council approve an award of a Public Work Contract to Superior Roofing Systems, Inc. in the amount of $260,925 for the Citrus Center Building Roof Repairs Project; and

2. I move that the City Council approve an additional appropriation in the amount of $287,017.

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RECOMMENDATION:

Staff recommends that City Council determine that approval of the Public Work Contract is categorically exempt from environmental review in accordance with Section 15301(d) of the State’s guidelines implementing the California Environmental Quality Act. Staff further recommends that the City Council approve an award of contract with Superior Roofing Systems, Inc., for an amount not-to-exceed $260,925 for the Citrus Center Building Roof Repairs Project No. FCS10172023JN and the additional appropriation in the amount of $287,017.

DISCUSSION:

In October 2021, the City acquired the facility located at 300 E. State Street for the purpose of establishing a new City Hall facility. Staff is actively working with Miller Architectural Corporation on the architectural plans and specifications to renovate the facility, including structural retrofit of the building, updates to mechanical, electrical and plumbing systems, construction to accommodate the City departmental staff, and renovation of the roof. After reviewing the existing condition of the roof, staff determined that it was in the best interest of the City to address the leaks resulting from recent storms ahead of project schedule.

Staff followed City procurement protocol by preparing a Request for Bids and on November 20, 2023, the City Clerk’s office received and opened three bids. Staff evaluated the bids for conformance with the purchasing ordinance and verified the total price as shown in the table below. Superior Roofing Systems, Inc., met all the bidding requirements and was deemed the lowest responsive and responsible bidder. Therefore, it is recommended that the City Council award a Public Work Contract to Superior Roofing Systems, Inc., for an amount not-to-exceed $260,925.

BID OPENING REPORT SUMMARY

BIDDER BID AMOUNT

1. Superior Roofing Systems Inc. *$260,925.00

2. Chapman Coast Roof Co., Inc. **$299,534.00

3. McDonnell Roofing Inc. $480,360.00
*Two arithmetic errors were discovered in the bid proposal. 1) Bid item #1 was provided but not added to the total bid schedule. 2) On bid item #4, the total price was provided but not the unit price. The total bid amount was corrected based on the given prices and highlighted in the attached bid analysis to identify arithmetic errors; however, this correction did not affect the ranking. **An arithmetic error was discovered in the bid proposal. On Bid item #4, an incorrect unit price was provided, the total item price was accepted as the correct value, and the total bid amount remained unchanged.

Staff is also recommending that City Council approve an additional appropriation Redlands Regular Meeting of 02-06-24
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Staff is also recommending that City Council approve an additional appropriation in the amount of $287,017, which includes the contract amount of $260,925 and a 10 percent contingency in the amount of $26,092.50.

Furthermore, the project is categorically exempt from environmental review in accordance with Section 15301(d) of the State's guidelines implementing the California Environmental Quality Act (CEQA) as the project involves restoration of deteriorated structure of existing facilities.

ALTERNATIVES:

The City Council may elect not to approve the award of the Public Work Contract and direct staff accordingly.

STRATEGIC PLAN:

Not applicable.

SUBMITTED BY:

Tabitha Crocker, Facilities and Community Services Department Director RECOMMENDED BY:

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

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

Jawad Naderi, Associate Engineer
Fiscal Impact
Fiscal Year: FY 2024
Appropriation Required Y/N: Y
Amount: $287,017
Account No.: 406300-8501
Discussion:

The total cost of the project will be $287,017.5 ($260,925 plus a 10% contingency).

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This expense will be offset by a release of the Future Facilities reserve in the General Fund and a corresponding transfer to the Safety Hall / City Hall capital project fund (406). The current available balance is $23,711,486.

Attachments
Additional Appropriation
Bid Opening Report
Bid Analysis
Public Work Contract
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DATE
OF REQUEST:

An a
dditional appropriation is hereby requested as follows:

Department:

JUSTIFICATION:

Requested By:

Recommended By Finance Director: Recommended:

Yes No Signed
Comments: Approved by City Council:

Date:

Signed:

City Clerk
REVENUE APPROPRIATION INCREASE (if applicable)
EXPENDITURE APPROPRIATION INCREASE (if applicable)
$
-
$
-

TRANSACTION
NO:

ACCOUNTING PERIOD:

Acc
ount Description Orgkey Object Code Job Ledger (If
applicable) Amount
Job Ledger (If
applicable) AmountAccount Description Orgkey Object Code Department Head
City Manager
CITY

OF REDLANDS
REQ

UEST FOR ADDITIONAL APPROPRIATION
FINANC

E USE ONLY
Pag
e 1 of 1
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ATTACHMENT "C"
PROJECT NO.FCS10172023JN BID DATE: 20-Nov-2023
CITRUS CENTER BUILDING ROOF REPAIRS PROJECT EST. START DATE: 1-Feb-2024 Unit Price Item Price Unit Price Item Price Unit Price Item Price 1 Mobilization (Maximum 5%
of Total Base Bid Price) 1 LS $12,425.00 $12,425.00 $14,976.00 $14,976.00 $3,500.00 $3,500.00 2 Replacement of all support stands/blocks
with Dura-Blok under the communication
conduits and cable trays on the roof to
facilitate the seamless installation of a new
coating, and dispose of all abandoned
conduits, equipment, stands, and loose
hanging wires.
1 LS $5,000.00 $5,000.00 $10,000.00 $10,000.00 $13,400.00 $13,400.00 3 Testing and cleaning of all roof drains 1 LS $2,000.00 $2,000.00 $1,500.00 $1,500.00 $6,500.00 $6,500.00 4 Installation of 1/4-inch thick
WEATHERWELD roof
reinforcement coating (R-16- 30-A) over the
existing builtup asphalt to current roof
perimeter. This includes all labor, materials,
deep cleaning, removal and disposal of
existing silicone patches and asphalt
walkway pads.
14,800 SF $238,140.00 $1,832.00 $271,138.00 $30.00 $444,000.00 5 Installation of 3-inch metal skirt around the
roof perimeter.
480 LF $7.00 $3,360.00 $4.00 $1,920.00 $27.00 $12,960.00 Total Bid Schedule

CITY OF REDLANDS

CITRUS CENTER BUILDING ROOF REPAIRS PROJECT

BID ANALYSIS
Item
No.

McDonnell Roofing Inc.Bid Item Quantity Unit
Superior Roofing
Systems Inc.

Chapman Coast Roof
Co., Inc.
$480,360.00$299,534.00$260,925.00
Addition error on bid item
#1, the unit price and total
price are provided but not
added to the total bid
schedule. On bid item #4,
the total price is provided
but not the unit price.

Multiplication error on bid
item #4, an incorrect unit
price is provided, the total
item price is accepted as
the correct value.

Low Bidders #1, #2 and #3
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1 I:\cmo\Agreements\Superior Roofing Systems, Inc. Public Work Contract FY23-0009.docx-ms

PUBLIC WORK CONSTRUCTION CONTRACT

This Public Work Construction contract (“Contract”) is made and entered into this 6th day of February, 2024, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the S tate of California (hereinafter “City”), and Superior Roofing Systems, Inc. a California corporation (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”

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

1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: Citrus Center Building Roof Repairs Project, FCS10172023JN, complete all items as required by the Contract Documents (as herein defined) and Specifications for City’s Citrus Center Building Roof Repairs Project, FCS10172023JN (the “Work”).

2. CONTRACT SUM: City shall pay Contractor the sum of two hundred sixty thousand nine hundred twenty-five dollars ($260,925.00) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300.

3. TIME FOR COMPLETION: The Work shall be completed within forty-five (45) 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 i n damages bein g 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 r easonable attorneys’ fees, including fees for use of in-house counsel by a Party.

7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of three hundred seventy five thousand dollars ($375,000) or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code Redlands Regular Meeting of 02-06-24
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2 I:\cmo\Agreements\Superior Roofing Systems, Inc. Public Work Contract FY23-0009.docx-ms (commencing with Section 201 04). All claims shall be in writing and incl ude 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 Contr actor 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 Co ntract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor.

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

CITY OF REDLANDS
(SEAL)

By:____________________________________
Eddie Tejeda, Mayor
ATTEST:

____________________________________
Jeanne Donaldson, City Clerk
(SEAL)

Chris Hurtado______________________________
Name of Contractor

By:_______________________________________
Signature of Authorized Agent

President__________________________________
Title

__________________________________________
Signature of Authorized Agent (if necessary)

__________________________________________
Title

__865713___________________________________
Contractor's License No.

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WORKER'S COMPENSATION INSURANCE CERTIFICATION

Description of Contract: City of Redlands
Facilities and Community Services Department
Citrus Center Building Roof Repairs Project
Project No. FCS10172023JN

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

a. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. b. By securing from the Director of Industrial Relations, a certificate of consent to self - insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisf actory to the Director of Industr ial 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 fo r Workers’ Compensation or to undertake self -insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and 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 , 2024.

Superior Roofing Systems, Inc.____________
(Contractor)
_____________________________________
(Signature)
President_____________________________
(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 Superior Roofing Systems, Inc. (hereinafter designated as "Principal") have entered into an agreement dated February 6th, 2024 (“Agreement”) whereby Principal agrees to install and complete certain public improvements ( the “Work”), which said Agreement is identified as Citrus Center Building Roof Repairs Project 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 pe nal sum of two hundred sixty thousand nine hundred twenty-five dollars ($260,925) 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 th is 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 th erein provided, on his or its part, to be kept and per formed 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 guarant ee of all material s and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be 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 c ontinue so long as any obligat ion 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 det ermination by Surety of t he lowest responsive and respo nsible bidder, arrange for a contract between such bidder and the Cit y, 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 02-06-24
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6 I:\cmo\Agreements\Superior Roofing Systems, Inc. Public Work Contract FY23-0009.docx-ms 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 bon d 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 con nection 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 , 2024.

(SEAL) (SEAL)

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

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

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LABOR AND MATERIAL BOND

Whereas, the City Council of the City of Redlands, State of California, and Superior Roofing Systems, Inc. (hereinafter designa ted as “Principal”) have enter ed into an agreement (the “Agreement”) whereby Principal agrees to install and complete certain designated public improvements (the “Work”), which said agreement, dated February 6th, 2024, and identified as Citrus Center Building Roof Repairs Project, FCS10172023JN is hereby referred to and made a part hereof; and

Whereas, under the terms of the Agreement, Principal is required before commen cing 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 two hundred sixty thousand nine hundred twenty -five dollars ($ 260,925) 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 insur e to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing w ith Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation sh all 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 af fect its obligations on this b ond, 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 _______________________, 2024.

(SEAL) (SEAL)

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

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