AGREEMENT
BY AND BETWEEN
CONSOLIDATED FIRE AGENCIES
AND
CITY OF REDLANDS
This Agreement is made and entered into by and between the Consolidated Fire Agencies, a Joint Powers Authority, duly authorized and existing under Government Code, § 6500 et seq. (hereinafter referred to as “CONFIRE”) and the City of Redlands (hereinafter referred to as “ CITY”). CONFIRE and City may be referred to individually as Party, or collectively Parties.
RECITALS
WHEREAS, CONFIRE submitted a Proposal in response to RFP # ICEMA23-ICEMA-4811, Advanced Life Support and Basic Life Support Ground Ambulance Services, Interfacility and Critical Care Transport Services for Exclusive Operating Areas in San Bernardino (“Proposal”); and,
WHEREAS, CONFIRE’s Proposal included a provision for certain Member and Contract Agencies to provide Advanced Life Support ( “ALS”) and Basic Life Support ( “BLS”) Ground Ambulance Services (collectively referred to as “Transport Services”; and,
WHEREAS, CONFIRE was selected as the successful bidder for RFP# ICEMA23-ICEMA-4811 and entered into Contract Number 23 -1282 with San Bernardino County, a copy of which is attached hereto as Attachment 1, and incorporated herein by this reference; and,
WHEREAS, the City of Redlands Fire Department, a Member Agency of CONFIRE, committed to provide Surge Transport Services; and,
WHEREAS, the Redlands Fire Department’s commitment to provide Transport Services was included in CONFIRE’s Proposal; and,
WHEREAS, in the delivery of the requisite Transportation Services the Redlands Fire Department may operate and/or utilize apparatus that is owned by Priority, CONFIRE’s partner for the delivery of services identified in Contract Number 23-1282 with San Bernardino County; and
WHEREAS, the Parties desire to enter into this Agreement to memorialize the City of Redlands Fire Department’s responsibilities when using and/or operating Priority Ambulance apparatus or equipment; and
WHEREAS, while not a signatory to this Agreement, Priority is a third-party beneficiary; and
WHEREAS, it is the intent of the parties hereto that in accordance with Contract Number 23-1282, Redlands Fire will provide the services herein described, subject to the terms and conditions contained herein and within Contract Number 23-1282.
TERMS
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter contained and for good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows:
1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated into this Agreement by this reference.
2. SCOPE OF WORK:
A. In the event that the Redlands Fire Department utilizes and/or operates Priority Ambulance Redlands Regular Meeting of 09-17-24
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apparatus or equipment, the CITY agrees to the following terms and conditions:
i. Such Services shall be provided in accordance with the terms and conditions of Contract Number 12-1282.
ii. The CITY represents and warrants to CONFIRE that it has the necessary infrastructure, resources, personnel, training, and licenses to provide the Services under this Agreement in accordance with all terms of this Agreement.
3. PAYMENT:
CONFIRE shall compensate the CITY for the Services provided as set forth below:
A. Unit Hour Cost for Redlands Fire personnel using a Priority apparatus and/or equipment will be reimbursed at a rate of One Hundred Fifty-Two Dollars and Eighty Cents ($152.80).
B. Payment shall be made to the City of Redlands on a quarterly basis based upon invoices that are prepared from CAD data, reflective of the in-service hours for Redlands Fire.
C. CONFIRE will review the reimbursement rates annually on or before March 1 of each year.
4. TERM OF AGREEMENT:
A. Effective Date : This Agreement shall become effective on October 1, 2024, the date specified for services in Contract Number 23-1282.
B. Term: This Agreement shall remain in full force and effect from the Effective Date until September 30, 2029 , unless terminated in accordance with the provisions herein. This Agreement may be extended by an additional five (5) year term upon the extension of Contract Number 23-1282.
5. MODIFICATIONS TO AGREEMENT: A review of the Agreement terms may be initiated at any time by either Party upon written notice to the other. The parties agree to negotiate in good faith and deal fairly with respect to performance under this Agreement and any proposed modifications. This Agreement may be modified only in writing and with the approval of both the CITY and CONFIRE through each entity’s governing body.
6. EMPLOYEE STATUS/WORKERS’ COMPENSATION: It is expressly understood that in the performance of the Services herein provided for, Redlands Fire shall be, and is, an independent contractor and is not an agent or employee of CONFIRE. The CITY has and shall retain the right to exercise full control and supervision of the Services and full control over the employment, direction, assignment, compensation, and discharge of all persons employed by Redlands Fire and assisting in the performance of Services hereunder. The CITY shall be solely responsible for all matters relating to the payment of its employees, including compliance with social security, workers’ compensation, withholding, and all regulations governing such matters.
7. INDEMNIFICATION:
A. The CITY agrees to indemnify, defend (with counsel reasonably approved by CONFIRE) and hold harmless CONFIRE and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of the performance of this Agreement by the C ITY, and/or its officers, employees, agents, contractors or volunteers, including the acts, errors, or omissions of the CITY and for any costs or expenses incurred by CONFIRE on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. The CITY’s indemnification obligation shall not apply to CONFIRE’s negligence or “willful” misconduct within the meaning of Civil Code Section 2782.
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B. The CITY agrees to indemnify, defend (with counsel reasonably approved by Priority) and hold harmless Priority and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of the performance of the services set forth in this First Addendum by the CITY, and/or its officers, employees, agents, contractors or volunteers, including the acts, errors, or omissions of the CITY and for any costs or expenses incurred by Priority on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. The CITY’s indemnification obligation shall not apply to Priority’s negligence or “willful” misconduct within the meaning of Civil Code Section 2782.
8. INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES
The C ITY is an authorized public entity for the purpose of General Liability, Automobile Liability, Worker’s Compensation, Errors and Omissions, and Professional Liability policies. The CITY warrants that either through maintaining in force insurance policies, or through their respective programs of self- insurance, they have adequate coverage or resources to protect against liabilities and which may arise from or in connection with the performance of the work hereunder by the C ITY, its agents, representatives, or employees as set forth below
A. Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $3,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if City has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $3,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions) Insurance appropriates to the City ’s profession, with limit no less than $3,000,000 per occurrence or claim, $3,000,000 aggregate. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the contract effective date, City must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the CONFIRE for review.
If the CITY maintains broader coverage and/or higher limits than the minimums shown above, then CONFIRE requires and shall be entitled to the broader coverage and/or higher limits maintained by the CITY. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CONFIRE.
B. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
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1. The CONFIRE, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CITY including materials, parts, or equipment furnished in connection with such work or operations.
2. General liability coverage can be provided in the form of an endorsement to the CITY’s insurance at least as broad as one of the following ISO ongoing operations Forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations Forms: CG 20 37, CG 20 39 (not allowed from subcontractors), or CG 20 40.
C. Primary Coverage
For any claims related to this contract, the City’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the CONFIRE, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the CONFIRE, its officers, officials, employees, or volunteers shall be excess of the City’s insurance and shall not contribute with it.
D. Notice of Cancellation
The City shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self- insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, the Cit shall forthwith obtain and submit proof of substitute insurance.
E. Waiver of Subrogation
The City hereby grants to CONFIRE a waiver of any right to subrogation which any insurer of said City may acquire against the CONFIRE by virtue of the payment of any loss under such insurance. The City agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the CONFIRE has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subr ogation in favor of the CONFIRE for all work performed by the Contractor, its employees, agents and subcontractors.
F. Self-Insured Retentions
Self-insured retentions must be declared to and approved by the CONFIRE. The CONFIRE may require the City to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or CONFIRE.
G. Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CONFIRE.
H. Verification of Coverage
The City shall furnish the CONFIRE with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to CONFIRE before work begins. However, failure to obtain the Redlands Regular Meeting of 09-17-24
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required documents prior to the work beginning shall not waive the City’s obligation to provide them. The CONFIRE reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
I. Subcontractors
The City shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that CONFIRE is an additional insured on insurance required from subcontractors.
J. Special Risks or Circumstances
CONFIRE reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
9. CITY OF REDLANDS RECORDS:
The Redlands Fire Department shall maintain all records and books pertaining to the delivery of Services under this Contract and demonstrate accountability for Agreement performance as set forth in Contract Number 23-1282.
All records shall be complete and current and comply with all Agreement requirements. Such records include but are not limited to patient care reports. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Agreement.
All records relating to Redlands Fire personnel, consultants, subcontractors, Services/Scope of Work, and expenses pertaining to this Agreement shall be kept in a generally acceptable accounting format. Records should include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue, and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars, which state the administrative requirements, cost principles, and other standards for accountancy.
CONFIRE, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Redlands Fire in the delivery of Services provided under this Contract. The City shall cooperate fully in any auditing or monitoring conducted. City shall cooperate with CONFIRE in implementing, monitoring, and evaluating this Contract and comply with any and all report ing requirements established by CONFIRE. City shall not disclose any protected health information or any other record or information protected by state and/or federal law to CONFIRE, State, and Federal government under this section of the Agreement.
All records pertaining to Services delivered and all fiscal, statistical, and management books and records shall be available for examination and audit by CONFIRE representatives for a period of three years after final payment under this Contract or until all pending CONFIRE, State, and Federal audits are completed, whichever is later.
10. WAIVER: No waiver of a breach of any provision of this Agreement will constitute a waiver of any other breach or of such provision. Failure of either Party to enforce at any time, or from time to time, any provision of this agreement will not be construed as a waiver thereof. The remedies herein reserved will be cumulative and additional to any other remedies in law or equity.
11. PARTIAL INVALIDITY: Should any part, term, portion, or provision of this Agreement be finally decided to be in conflict with any law of the United States or the State of California or otherwise be Redlands Regular Meeting of 09-17-24
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unenforceable or ineffectual, the validity of the remaining parts, terms, portions, or provisions will be deemed severable and will not be affected thereby, provided such remaining portions or provisions can be construed in substance to constitute the agreement which the parties intended to enter into in the first instance.
12. NOTICES: All notices required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice or may be served by certified mail, return receipt requested, to the following addresses:
Redlands Consolidated Fire Agencies
Fire Department Joint Powers Authority
Attn: Rich Sessler Attn: Nathan Cooke
35 Cajon St Suite 12 1743 Miro Way
Redlands, CA 92373 Rialto, CA 92376
13. APPLICABLE LAW: At all times during the term of this Agreement, CONFIRE and the City shall comply with all applicable laws, ordinances, rules, and regulations of the United States of America, the State of California , including all agencies and subdivisions thereof, and the Inland Counties Emergency Medical Agency.
14. VENUE: The venue of any action or claim brought by any party to the Agreement will be the Superior Court of San Bernardino County. Each party hereby waives any law or rule of the court that would allow them to request or demand a change of venue. If any action or claim concerning the Agreement is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to San Bernardino County.
15. ATTORNEYS’ FEES AND COSTS : If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney fees, regardless of who the prevailing party is. This paragraph shall not apply to those costs and attorney fees directly arising from a third- party legal action against a party hereto and payable under Indemnification and Insurance Requirements.
16. CONTRACT ASSIGNABILITY: Without the prior written consent of CONFIRE, the City may not assign or subcontract its obligations under this Agreement either in whole or in part.
17. CONFIDENTIALITY:
Pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the Health Information Technology for Economic and Clinical Health (“HITECH”) Act, regulations have been promulgated governing the privacy of individually identifiable health information. CITY acknowledges that it is a covered entity and subject to the requirements of HIPAA and HITECH, and their implementing regulations. CITY agrees to comply fully with the terms of HIPAA and HITECH and the regulations promulgated thereunder and to ensure any subcontractors utilized to fulfill Services pursuant to this Contract comply with said provisions. CITY further agrees to comply with the requirements of all other applicable federal and state laws/regulations that pertain to the protection of health information.
18. RELEASE OF INFORMATION : No news releases, advertisements, public announcements , or photographs arising out of the Agreement or CITY’s relationship with CONFIRE may be made or used without prior written approval of CONFIRE.
19. TIME OF THE ESSENCE : Time is of the essence in the performance of this Agreement and of each of its provisions.
20. CORRECTION OF PERFORMANCE DEFICIENCIES:
A. Failure by CITY to comply with any of the provisions, covenants, requirements, or conditions of this Contract shall be a material breach of this Agreement.
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B. In the event of a non-cured breach, CONFIRE may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Agreement:
A. Afford CITY thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of CONFIRE; and/or
B. Terminate this Agreement immediately and be relieved of the payment of any consideration to CITY. In the event of such termination, CONFIRE may proceed with the work in any manner deemed proper by CONFIRE. The cost to CONFIRE shall be deducted from any sum due to CITY under this Agreement, and the balance, if any, shall be paid by CITY upon demand.
21. LEGALITY AND SEVERABILITY : The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations, court orders, and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal, or unenforceable, the validity, legality , and enforceability of the remaining provisions shall remain in full effect.
22. EMPLOYMENT DISCRIMINATION: During the term of the Contract, CITY shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status. CITY shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act, and other applicable Federal, State, and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.
23. DEBARMENT AND SUSPENSION: CITY certifies that neither it nor its principals or employees are presently disbarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration’s System for Award Management website:
https://www.sam.gov). CITY further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.
24. ENTIRE AGREEMENT: This Agreement, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete , and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations , or representations relating to the subject matter of this Agreement not expressly set forth herein are of no force or effect. This Agreement is executed without reliance upon any promise, warranty, or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Agreement and signs the same of its own free will. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Agreement. The parties shall be entitled to sign and transmit an elec tronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each Party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.
25. MISCELLANEOUS: CITY shall ensure all personnel providing Services under this Agreement h a v e all required licenses and certifications required by the State of California and the Inland Counties Emergency Medical Agency, and as specifically set forth in Contract Number 23-1282.
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26. DISPUTES: In the event of a dispute, the parties shall use their best efforts to settle the dispute through negotiation with each other in good faith.
IN WITNESS WHEREOF, CITY OF REDLANDS, and CONFIRE have caused this Agreement to be executed by their authorized agents.
CONSOLIDATED FIRE AGENCIES
Date: , 2024
By:
Print Name: Nathan Cooke
Its: Interim Director
CITY OF REDLANDS
Date: September 17, 2024
By:
Print Name: Eddie Tejeda
Its: Mayor
ATTEST:
___________________________________
Jeanne Donaldson, City Clerk
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Attachment 1
Agreement for Transport Services
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ATTACHMENT 1
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City Council/Financing Authority Meeting I. 14.
DATE: 09/17/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Authorize the acceptance of the Emergency Medical Services Buprenorphine Use Pilot Program (EMSBUP) grant award in the amount of $5,000 for the provision of treatment and access for patients with opioid use disorders, and approve an additional appropriation for the same (Fire Chief Sessler)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:
I move to approve the acceptance of the Emergency Medical Services Buprehorphine Use Pilot Program (EMSBUP) grant award in the amount of $5,000 for the provision of treatment and access for patients with opioid use disorders, and approve an additional appropriation for the same.
RECOMMENDATION:
Staff recommends the City Council approve the acceptance of the Emergency Medical Services Buprenorphine Use Pilot Program (EMSBUP) grant award in the amount of $5,000 for the provision of treatment and access for patients with opioid use disorders and approve an additional appropriation for the same to recover costs related to the training and medication under the program.
DISCUSSION:
The Public Health Institute, through its EMS Bridge Program, launched the Emergency Medical Services Buprenorphine Use Pilot Program (EMSBUP) to assist local EMS agencies and providers in offering treatment and access for patients with opioid-use disorders. The aim of the grant program was to address substance-use disorder as a treatable emergency condition by equipping paramedics with the necessary training and resources to identify, treat, and document these cases. Patients receive treatment and are monitored through Redlands Regular Meeting of 09-17-24
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document these cases. Patients receive treatment and are monitored through hospital care and subsequent treatment programs, with outcome data submitted to the Public Health Institute to evaluate the effectiveness of the program.
The Redlands Fire Department participated by providing initial contact, diagnosis, and treatment for these patients. The funding awarded to the City of Redlands is intended to cover costs related to training and medication purchases necessary for the EMS Buprenorphine Use Pilot Program.
ALTERNATIVES:
Not accept the EMS Buprenorphine Use Pilot Program grant award to recover costs related to the program.
STRATEGIC PLAN:
Priority B - Health and Safety
SUBMITTED BY:
Rich Sessler, Fire Chief
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Bruni Reyes, Management Analyst
Fiscal Impact
Discussion:
There is no fiscal impact associated with the acceptance of the EMS Buprenorphine Use Pilot Program award. The funding is a reimbursement to recover costs related to the program incurred in fiscal year 2023-2024.
Attachments
Additional Appropriation
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City Council/Financing Authority Meeting I. 15.
DATE: 09/17/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Resolution No. 8631 regarding Approval of National Opioids Settlement Agreement with The Kroger Co. (Fire Chief Sessler) MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:
I move to adopt Resolution No. 8631.
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 8631 authorizing the City Manager to execute the referenced settlement agreement.
DISCUSSION:
Background:
As the City Council may be aware from television and press reports, there has been substantial litigation occurring on both the national level and within the State of California over the opioid epidemic. Nationwide, thousands of lawsuits have been filed by states, counties, cities, and tribes to recover monetary damages caused by the opioid crisis.
Nearly 80 California counties and cities have filed lawsuits, including the County of San Bernardino (“County”) which filed in July of 2018, and which is participating in the Multi-District Litigation (“MDL”) out of the federal court in Ohio. The cases all arise out of the plaintiffs’ allegations that the defendants, consisting of opioid manufacturers, distributors, and pharmacies, engaged in unlawful conduct causing the national opioid crisis.
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In 2021, nationwide settlements were reached to resolve all opioid litigation brought by states and local political subdivisions against the three largest pharmaceutical distributors: McKesson, Cardinal Health and AmerisourceBergen (“Distributors”), and manufacturer Janssen Pharmaceuticals, Inc. and its parent company Johnson & Johnson (collectively, “J&J”).
On December 7, 2021, the City Council adopted Resolution No. 8285 to approve the City’s participation in the Distributors and J&J settlements and to approve the settlement agreements. On April 5, 2022, the City Council approved an agreement with San Bernardino County to reallocate Redlands’ portion of the settlement proceeds to be used by the County for its county-wide opioid remediation programs.
In late 2022, additional settlements were reached with additional opioid distributors and pharmacies who were alleged in the lawsuit to have contributed to the opioid crisis: Allergan, CVS, Teva, Walgreens and Walmart (“Settling Defendants”). As part of the settlements with the Settling Defendants, local subdivisions including certain cities, not a party to the lawsuit, may participate in the settlements in exchange for a release of the Settling Defendants. The City received its first payment in the amount of $192,720.22. This payment will be used to fund a Substance Use Navigator ("SUN"), that will be recruited in the Fire Department. The SUN position will help improve access to medication for Opioid Use Disorder.
Discussion:
A new proposed national opioids settlement was reached on March 22, 2024, with Kroger Co. The state of California has elected to participate in the Kroger Settlement. In order for the City of Redlands to be considered for initial participation calculations and payment eligibility, the City was required to opt in to the settlement by August 12, 2024. Since the Council was dark in August, the Fire Department staff executed the required documents to receive its share of the settlement proceeds. The additional funding from the new settlement with Kroger Co. will support the ongoing efforts of the City's SUN and Opioid Remediation Program.
As with the previous settlement agreements, the Kroger Settlement Agreement is contingent upon a “critical mass” of states, counties, and cities agreeing to participate in the settlement. This settlement, if agreed and adopted, will provide substantial funds to states and subdivisions for abatement of the opioid epidemic across the country and will impose changes in the way Kroger Co. conducts their business with regard to the distribution of opioid medications.
The payout amounts to each subdivision under the settlement with Kroger Co. is contingent upon various factors, including, but not limited to, the number of California cities and counties participating, whether or not cities later sue the Redlands Regular Meeting of 09-17-24
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defendant, and certain actions that may be taken by the State of California. By participating in the settlement, the City would be dismissing any claims it may have against Kroger Co. The Settlement Fund payments to California, pursuant to the Kroger Settlement Agreement, shall be allocated as follows: 15% to the State Fund; 70% to the Abatement Accounts Fund; and 15% to the Subdivision Fund. The estimated percentage that will be distributed to the County of San Bernardino is 3.39%.
Adoption of Resolution No. 8631 would ratify the approvals by the Fire Department and authorize the City Manager to execute any additional documents consistent with the City's participation in the Kroger Settlement.
ALTERNATIVES:
The City Council may deny the adoption of Resolution No. 8631.
STRATEGIC PLAN:
Priority B - Health & Safety
SUBMITTED BY:
Rich Sessler, Fire Chief
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Bruni Reyes, Management Analyst
Fiscal Impact
Discussion:
Not applicable.
Attachments
Resolution No. 8631
Participation Form and State-Subdivision Agreement
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RESOLUTION NO. 8631
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS RATIFYING THE CITY OF REDLANDS’ ENTRY INTO THE SETTLEMENT WITH THE KROGER
COMPANY AND ITS SUBSIDIARIES RELATED TO THE MULTIDISTRICT LITIGATION
AGAINST MANUFACTURERS AND DISTRIBUTORS CONTRIBUTING TO THE OPIOID EPIDEMIC; AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL RELATED
DOCUMENTS IN CONNECTION WITH THE SETTLEMENT
WHEREAS, the United States is facing an ongoing public health crisis of opioid abuse addiction, overdose, and death, forcing the State of California and California counties and cities to spend billions of dollars each year to address the direct consequences of this crisis; and, WHEREAS, pending in the U.S. District Court for the Norther n District of Ohio is a multidistrict litigation (“MDL”) being pursued by numerous public entity plaintiffs against the manufacturers and distributors of various opioids based on the allegation that the defendant’s unlawful conduct caused the opioid epidemic; and,
WHEREAS, the City of Redlands previously approved entry into the settlement with McKesson Corporation, Johnson & Johnson, and Janssen Pharmaceuticals in 202 1 and CVS , Walmart, Walgreens, Teva and Allergan in 2023;
WHEREAS, on or about March 22, 2024, a settlement was reached between the plaintiffs in the MDL and The Kroger Company (“Kroger”), a defendant in the MDL; and, WHEREAS, on or about March 22, 2024, a settlement was reached between the plaintiffs in the MDL and Kroger and all of its respective past and present direct or indirect parents, subsidiaries, division, affiliates, joint ventures, predecessors, successors, assigns, including but not limited to Kroger; and,
WHEREAS, as part of the settlement with the Settling States, local subdivisions, including certain cities, that are not plaintiffs in the MDL may participate in the settlements in the exchange for a release of the Settling Defendant; and,
WHEREAS, copies of the terms of the nationwide settlement ha s been set forth in the Kroger Settlement Agreement with the Settling Defendants; and, WHEREAS, copies of the Kroger Settlement Agreement ha s been provided to the City Council with this Resolution; and,
WHEREAS, the Settlement Agreement provides, among other things, payment of a certain sum to settling government entities in California including the State of California and Participating Subdivisions upon occurrence of certain events as defined in the Settlement Agreement (“California Opioid Funds”); and,
WHEREAS, California local governments in the MDL have engaged in extensive discussions with the State Attorney General’s Office (“AGO”) as to how California Opioid Funds will be allocated, which has resulted in the Proposed California State -Subdivision Agreements Regarding Distribution and Use of Settlement Funds (“Allocation Agreements”) f rom the settlements with the Settling Defendants; and,
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WHEREAS, the Allocation Agreement allocates the California Opioid Funds as follows:
15% to the State Fund; 70% to the Abatement Fund; and 15% to the Subdivision Fund. For the avoidance of doubt, all funds allocated to California from the Settlements shall be combined pursuant to the Allocation Agreements, and 15% of total from each settlement shall be allocated to the State of California (the “State of California Allocation”), 70% to the California Abatement Accounts Fund (“CA Subdivision Fund”); and,
WHEREAS, under the Kroger Settlement Agreement, certain local subdivisions that did not file a lawsuit against the Settlement Defendant may qualify to participate in the settlement and obtain funds from the Abatement Account Fund; and,
WHEREAS, the City is eligible to participate in the Settlement and become a CA Participating Subdivision; and,
WHEREAS, the funds in the CA Abatement Accounts Fund (the 70% allocation) will be allocated based on the allocation model developed in connection with the proposed negotiating class in the National Prescription Opiate Litigation (MDL No. 2804), as adjusted to reflect only those cities and counties that are eligible, based on population or litigation status, to become a CA Participating Subdivision (those above 10,000 in population). The percentage from the CA Abatement Accounts Fund allocated to each CA Participating Subdivision is set forth in Appendix 1 to the Allocation Agreement provided to the City Council with the Resolution. The City’s share of the CA Abatement Accounts Fund will be a product of the total in the CA Abatement Accounts Fund multiplied by the City’s percentage set forth in Appendix 1 of the Allocation Agreements (the “Local Allocation”); and,
WHEREAS, a California Participating Subdivision that is a city will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision. The Local Allocation share for a city that is a CA Participating Subdivision will be paid to the county in which the city is located, unless the city elects to take a direct election of the settlement funds, so long as:
(a) the county is a CA Participating Subdivision, and (b) the city has not advised the Settlement Fund Administrator that it requests direct payment at least 60 days prior to Payment Date; and, WHEREAS, the intent of this Resolution is to ratify the City’s entry into Kroger Settlement and authorize the City Manager to authorize the City to enter into the Kroger Settlement Agreement with the Settling Defendant by executing the Participation Agreements and to enter into the Allocation Agreements by executing the signature pages to those agreements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows:
Section 1. The Recitals set forth above are true and correct and are incorporated by reference in this Resolution.
Section 2. That all actions taken on August 7, 2024 by the Fire Department staff with respect to 1) the execution of the Subdivision Participation and Release Form and 2) Proposed California State Subdivision Agreement regarding Distribution and Use of Settlement Funds – Kroger Settlement are hereby ratified, confirmed and approved.
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Section 3. The City Manager is hereby authorized to execute any and all documents consistent with and in furtherance of the City Council’s approval of the Kroger Settlement.
ADOPTED, SIGNED AND APPROVED THIS 17th day of September 2024.
____________________________
Eddie Tejeda, Mayor
ATTEST:
______________________________
Jeanne Donaldson, City Clerk
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I, Jeanne Donaldson, City Clerk, City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 17th day of September, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Jeanne Donaldson, City Clerk
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City Council/Financing Authority Meeting I. 16.
DATE: 09/17/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve an annual purchase order with Site One Landscape Supply for the provision of irrigation supplies to the Facilities and Community Services Department for Fiscal Year 2024-25, in an amount not-to-exceed $90,000 (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 to approve an annual purchase order with Site One Landscape Supply for the provision of irrigation supplies to the Facilities and Community Services Department for Fiscal Year 2024-25, in an amount not-to-exceed $90,000.
RECOMMENDATION:
Staff recommends that the City Council approve an annual purchase order with Site One Landscape Supply for the provision of irrigation supplies to the Facilities and Community Services Department for Fiscal Year 2024-25, in an amount not-to-exceed $90,000.
DISCUSSION:
The City's Facilities and Community Services Department regularly procures supplies and services to support field operations throughout the City. To accommodate these purchases, and in accordance with the City's purchasing policy, staff is seeking approval for the annual purchase order for irrigation supplies and parts.
In preparation for obtaining an annual purchase order for Fiscal Year 2024-25, staff advertised requests for bids. On June 17, 2024, the City Clerk received and opened two bids. Staff evaluated the bids for verification of the total price as Redlands Regular Meeting of 09-17-24
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opened two bids. Staff evaluated the bids for verification of the total price as shown in the table below. Siteone Landscape Supply met all the bidding requirements and was deemed the apparent low bidder. The total annual purchase order amount is not-to-exceed $90,000 for a period of one year.
Vendor Name Bid Amount
Siteone Landscape Supply, San Bernardino, CA $15,362.04 Smith Pipe and Supply, Ontario, CA $16,600.56
ALTERNATIVES:
City Council may choose to reject the requests for annual purchase orders.
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
Danielle Garcia, Management Services/Finance Director
Dana Abramovitz-Daniel, Procurement Manager
Janice McConnell, Assistant City Manager
Chris Boatman, Assistant City Manager
PREPARED BY:
Jocelynn Butters, Senior Administrative Assistant
Fiscal Impact
Fiscal Year: FY 2024-25
Revenue Generating: N
Appropriation Required Y/N: N
Amount: N/A
Budgeted Y/N: YES
Account No.: Various
Discussion:
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Funding for this annual purchase order is included in the Parks and Building Maintenance Division Operating Budget for FY 2024-25 as approved by City Council.
Attachments
City Clerk Bid Opening
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City Council/Financing Authority Meeting I. 17.
DATE: 09/17/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Receive and file Pavement Accelerated Repair Implementation Strategy (PARIS) Program Annual Report (Municipal Utilities and Engineering Director Harris)
MOTION:
If City Council determines the staff recommendation is appropriate, the following motion is provided:
I move that City Council receive and file the Pavement Accelerated Repair Implementation Strategy (PARIS) Program annual report.
RECOMMENDATION:
Staff recommends that City Council receive and file the Pavement Accelerated Repair Implementation Strategy (PARIS) Program Annual Report.
DISCUSSION:
On March 6, 2012, City Council adopted the comprehensive Pavement Management Program (PMP 2012). The PMP 2012 provided a condition assessment of all City streets, specified street upgrade strategies, and provided timelines and prioritization for street maintenance treatment. At that time, Redlands streets had an average Pavement Condition Index (PCI) score of 53 (on a scale of 0-100, with 0 being a street needing full reconstruction and 100 being a new street). An average PCI of 53 is considered to be poor according to industry standards. As a result, City Council determined the rehabilitation and improvement of the City streets was a top priority. In order to significantly improve the street conditions, staff developed the Pavement Accelerated Repair Implementation Strategy (PARIS) program.
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On September 18, 2012, City Council adopted PARIS with Resolution No.7219.
The PARIS program identified funding sources and specific paving strategies to address the poor condition of the City streets in the most efficient and cost-effective manner. The report outlined paving strategies to upgrade nearly 2/3 of all City streets (440 lane miles) in five (5) phases.
Ordinance No. 2787, adopted by City Council on December 4, 2012, requires the City staff to prepare a report on rate adjustment revenues and other revenues available for street repairs each year. The report also accounts for uses of the money raised by the project and for line item expenses. The most recent reconciliation is provided as an Attachment and was reported to the Municipal Utilities and Public Works Commission at their regular meeting on August 7, 2023. The fifth and final phase of the PARIS Project was completed in December 2020 and achieved the original goal to rehabilitate 440 lane miles of streets. Although $57.3M was available for the project, PARIS was successfully completed for $52.0M and the remaining funds were carried over into the Pavement Management Program (PMP).
In 2019, staff began developing a strategy to pave the remaining 1/3 of City streets, while performing the necessary preventative maintenance on the 2/3 of City streets that were previously rehabilitated. On July 2, 2019, City Council approved an agreement with Bucknam Infrastructure Group, Inc. (Bucknam) to evaluate citywide pavement conditions and update the PMP database. Bucknam evaluated the condition of all streets, and updated the citywide Pavement Management Program (PMP 2020). The condition of City street surfaces was evaluated, rated, and the projected life cycle for each was determined. The PMP 2020 identifies a schedule for maintenance and reconstruction of City streets at the appropriate time intervals in order to extend their overall life expectancy in the most efficient and economical manner. In addition, the PMP 2020 establishes a comprehensive process to prioritize the rehabilitation of the City’s roadway system and will be used as a powerful tool in the decision-making process to best utilize the City’s available financial resources.
The updated PMP includes a project forecasting strategy developed by Bucknam that follows the PARIS maintenance and rehabilitation project budgets and addresses the specific needs of each street. Staff used the PMP to prepare plans and specifications for the PMP Street Resurfacing Project as summarized in the table below:
FY/Project Lane
Miles Contractor Cost Completion
FY 21/22 - PMP 2021
Project
50 Matich
Corporation $8.25M June 2022
FY 22/23 - PMP 2022
Project
37 Matich
Corporation $4.93M December
2023
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FY 23/24 - PMP 2023
Project 25 Matich
Corporation $4.25M June 2024
As of June 30, 2024, the ending cash balance of the PARIS fund is approximately $3M. This remaining funds will be carried over to the next PMP 2024 Project and construction of the Project will commence in fall 2024.
SUBMITTED BY:
John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Goutam K. Dobey, City Engineer
Attachments
PARIS Reconciliation
PARIS/PMP Map
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PARIS Project
Revenue & Expenditures
As of 7/25/2023
FY 2012-13 FY 2013-14 FY 2014-15 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24
(Preliminary)
Beginning Cash 2,026,873$ 6,135,331 $ 6,275,383 $ 9,793,684 $ 9,880,829 $ 3,448,175 $ 10,234,522 $ 8,198,152 $ 9,721,885 $ 6,627,871 $ 2,918,454 $ 5,815,030 $ Revenues 4,754,695 9,740,264 16,627,340 4,856,857 2,906,641 9,239,827 8,225,190 5,956,727 6,287,043 7,441,910 6,187,865 9,598,617 Expenditures (646,237) (9,600,212) (13,109,039) (4,769,713) (9,339,295) (2,453,480) (10,261,560) (4,432,994) (9,381,057) (11,151,328) (3,291,289) (12,380,495) Net Income (Loss) 4,108,458 140,052 3,518,301 87,144 (6,432,654) 6,786,347 (2,036,370) 1,523,733 (3,094,014) (3,709,417) 2,896,576 (2,781,878) Ending Cash 6,135,331$ 6,275,383$ 9,793,684$ 9,880,829$ 3,448,175$ 10,234,522$ 8,198,152$ 9,721,885$ 6,627,871$ 2,918,454$ 5,815,030$ 3,033,152$ FY 2012-13 FY 2013-14 FY 2014-15 FY 2015-16 FY 2016-17 FY 2017-18 FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 FY 2022-23 FY 2023-24
(Preliminary)
Beginning Cash -$ 3,095,413$ 2,236,250 $ 5,827,838 $ 5,114,670 $ 413,309 $ 7,859,468 $ 7,604,471 $ 8,929,882 $ 5,271,333 $ 2,191,597 $ 3,745,905 $ Revenues:
Solid Waste Road Impacts Transfer 3,622,150 3,622,150 3,622,150 3,622,150 3,622,150 3,622,150 3,622,150 3,622,150 3,622,150 3,622,150 3,622,150 3,622,150 Less: Solid Waste Bond Payment (1,308,189) (1,703,875) (1,699,975) (1,699,100) (1,700,700) (1,674,052) (1,676,536) (1,675,516) (1,670,993) (1,504,196) (1,617,680) Less: iBank 15-105 Payment (195,587) (212,249) (164,934) (203,332) (201,261) (203,218) (203,159) (203,097) (203,034) Less: iBank 17-114 Payment (124,535) (175,715) (214,105) (216,056) (213,976) (213,907) (213,837) (213,765) Solid Waste - Road Impacts Transfer (net) 3,622,150 2,313,961 1,918,275 1,726,589 1,586,266 1,580,801 1,530,660 1,528,297 1,529,440 1,534,091 1,701,020 1,587,671 Water - Road Impacts Transfer 102,412 102,412 102,412 102,412 102,412 102,412 102,412 102,412 102,412 102,412 102,412 102,412 Sewer - Road Impacts Transfer 17,088 17,088 17,088 17,088 17,088 17,088 17,088 17,088 17,088 17,088 17,088 17,088 Water/Sewer - Reconciliation 6,237,739
Paris Soft Costs 350,000 350,000 700,000 350,000 350,000 350,000 SB1-RMRA 1,641,586 1,368,015 1,265,655 1,428,405 1,594,983 1,837,555 Measure I 3,084,916 1,253,510 1,034,077 2,248,805 588,713 3,784,997 Cost Recovery/Reimbursed Exp. 36,186 58,339 - 24,448 Interest Income (77,919) 179,901 220,115 (10,597) 69,152 (113,072) 162,048 Bond/Loan Proceeds 13,429,381 1,785,775 6,019,500 - - - - - - 3,741,650 8,671,200 15,467,156 3,631,864 1,705,766 7,991,882 6,906,563 4,489,436 4,674,262 5,808,292 4,241,144 7,866,219 Expenditures:
PARIS JL 41049 (27,021) (388,198) (5,411) (2) (5) (175,995) PARIS 2013 (1-34) JL 41052 (619,216) (33,975) - - - - - - - - - PARIS 2013 (35-450) JL 41056 - (8,880,554) (5,870,505) - - - - - - - - Geotechnical JL 41057 - (227,635) (71,911) (8,182) PARIS (567-960) JL 41060 - - (5,927,741) (4,345,030) 5,979 - - - - - - PARIS (1029-1490) JL 41063 - - - - (6,000,000) - Colton Paving JL 41064 - - - - (413,101) (1,470) PARIS (567-960) JL 41080 - - - - - - - - - - - PARIS (1029-1419) JL 41500 - - - - - - PARIS (1491-1740) JL 41501 - - - - - (12,932) (6,812,776) PARIS (1741-1988) JL 41502 - - - - - - (3,534) PARIS (1741-1988) JL 41503 - - - - - (422) - (2,806,818) PARIS 2019 (1741-1988) PL 211001 (7,916,161)
PARIS 2021 PMP PL 211003 (8,254,069)
Wabash Ave PL 211004 (152,471)
Alley Paving (500,000)
PARIS 2022 PMP PL 211006 (1,772,313) (2,981,030)
Alley Paving 2022 PL 211007 (500,000)
PARIS 2023 PMP PL 211008 (4,251,778)
Alley Paving 2023 PL 211009 (233,083)
IVDA Mountain View Infra Project (202,818)
No JL - - - - - (346,723) (345,250) (357,206) (416,651) (431,141) (414,523) (460,610) PARIS (646,237) (9,530,362) (11,875,569) (4,345,032) (6,407,127) (545,724) (7,161,560) (3,164,025) (8,332,812) (8,888,028) (2,686,836) (8,578,971) Net Income (Loss) 3,095,413 (859,163) 3,591,587 (713,168) (4,701,361) 7,446,159 (254,997) 1,325,411 (3,658,550) (3,079,736) 1,554,308 (712,752) Ending Cash 3,095,413$ 2,236,250$ 5,827,838$ 5,114,670$ 413,309$ 7,859,468$ 7,604,471$ 8,929,882$ 5,271,333$ 2,191,597$ 3,745,905$ 3,033,152$ PARIS Project Summary
Local Transportation (209/211) Detail
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DWIGHT
STERLING
PLUM
GOLDEN WEST
PACIFIC
BEAUMONT
HALSEY
0 0.25 0.5 0.75 1
Miles
PARIS/PMP
MAP
Scale
This map was produced by the City of Redlands,
Geographic Information System.
The City of Redlands assumes no warranty or
legal responsibility for the information contained
on this map.
The data used to generate this map is dynamic
in nature, therefore the information shown may
or may not be the most current.
July 8, 2024
PMP Map.mxd
Legend
PARIS (Completed in 2020)
PMP 2021 Project
(Completed)
PMP 2022 Project
(Completed)
PMP 2023 Project
(Completed)
Redlands
.
PARIS (Completed in 2020)
PARIS/PMP LANE MILES
PARIS 5-PHASE 440
PMP 2021 50
PMP 2022 37
PMP 2023 25
TOTAL 552
Redlands Regular Meeting of 09-17-24
397 of 790
City Council/Financing Authority Meeting I. 18.
DATE: 09/17/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Resolution No. 8630 concerning the Five-Year Capital Project Needs Analysis for FY 25/26 through FY 29/30 and determine that this action is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
MOTION(S):
If City Council determines the staff recommendation is appropriate, the following motion is provided:
I move to adopt Resolution No. 8630.
RECOMMENDATION:
Staff recommends City Council adoption of Resolution No. 8630.
DISCUSSION:
In November 1989, San Bernardino County voters approved Measure I, which imposed a one-half of one percent retail transaction and use tax. Although the Measure I tax was scheduled to sunset in 2010, San Bernardino County voters approved the renewal of Measure I in November 2004 for thirty (30) additional years from 2010 to 2040.
The Measure I Strategic Plan requires each local jurisdiction receiving a portion of Measure I revenues to annually adopt a Five-Year Capital Project Needs Analysis (CPNA). The CPNA outlines specific regional projects on which Measure I funds may be expended. The Measure I CPNA differs from the Measure I CIP list. The CPNA is specifically for funding arterial projects identified in the most recent San Bernardino Transportation Authority (SBCTA) Nexus Study. Only projects included in the SBCTA Nexus Study are eligible for an Redlands Regular Meeting of 09-17-24
398 of 790
Study. Only projects included in the SBCTA Nexus Study are eligible for an allocation of Measure I CPNA Program funding. The project list is updated every two (2) years, which gives cities the opportunity to add and/or update priority projects. SBCTA staff uses the CPNA and additional information to conduct a cash-flow analysis. Once the analysis is completed, a recommendation for apportionment and specific project allocations is considered by the SBCTA Policy Committee and Board of Directors to determine budgets for each jurisdiction for the next five (5) years.
A portion of Measure I funding is combined with Development Impact Fees collected by the City from each new development to construct transportation improvements. The City is required to adopt the attached resolution to remain eligible for its proportional share of Measure I revenue disbursements from SBCTA. Approval of Resolution No. 8630 allows staff to request reimbursement from Measure I revenues when expenditures related to each of the listed projects occur.
Projects listed in the Five-Year CPNA (FY 25/26 through FY 29/30) include:
Widen Citrus Avenue from Dearborn Street to Wabash Avenue from 2 to 4 lanes
Traffic signal at the intersection of Dearborn Street and Citrus Avenue Traffic signal at the intersection of Wabash Avenue and Citrus Avenue Traffic signal at the intersection of Wabash Avenue and 5th Avenue Adoption of Resolution No.8630 is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (CEQA), as it can be seen with certainty that approval of this Resolution will have no physical effect on the environment.
ALTERNATIVES:
City Council may elect to deny the staff recommendation. However, the City will not be eligible for future Measure I revenue disbursements if the Resolution is not adopted.
STRATEGIC PLAN:
N/A
SUBMITTED BY:
John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:
Charles M. Duggan, Jr., City Manager
REVIEWED BY:
Redlands Regular Meeting of 09-17-24
399 of 790
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Goutam K. Dobey, City Engineer
PREPARED BY:
Gerard Nepomuceno, Civil Engineer
Fiscal Impact
Fiscal Year: FY 24/25
Discussion:
There is no fiscal impact associated with this action. The total program funding provides for future expenditures matching anticipated revenues.
Attachments
A. Resolution No. 8630 - Measure I CPNA
B. Exhibit A to Resolution
Redlands Regular Meeting of 09-17-24
400 of 790
1 I:\cmo\Resolutions\8630 Adopting Measure I Five Year Capital Project Needs FY25-26 to FY29-30.docx-ms RESOLUTION NO. 8630
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
ADOPTING THE MEASURE I FIVE-YEAR CAPITAL PROJECT NEEDS
ANALYSIS FOR FISCAL YEARS 2025/2026 THROUGH 2029/2030.
WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorpo rated territory of the County of San Bernardino; and
WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-1 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue f rom certain Measure I Programs to annually adopt and update a Five -Year Capital Project Needs Analysis; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands, as follows:
Section 1. This City Council determines that approval of this Resolution is exempt from review under California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15061(b)(3), as it can be seen with certainty by this City Council that the approval of this Resolution establishing a Five-Year Capital Project Needs Analysis will have no physical effect on the environment.
Section 2. That the Measure I Five -Year Capital Project Needs Analysis for Fiscal Years 2025/2026 through 2029/2030, attached to this Resolution as Exhibit “A,” is hereby adopted.
ADOPTED, SIGNED AND APPROVED this 17th day of September, 2024.
Eddie Tejeda, Mayor
ATTEST:
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 09-17-24
401 of 790
2 I:\cmo\Resolutions\8630 Adopting Measure I Five Year Capital Project Needs FY25-26 to FY29-30.docx-ms I, Jeanne Donaldson, City Clerk of the City of Redlands, do hereby certify that the foregoing Resolution was duly adopted by the City Council at a regula r meeting thereof held on the 17th day of September, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 09-17-24
402 of 790
3 I:\cmo\Resolutions\8630 Adopting Measure I Five Year Capital Project Needs FY25-26 to FY29-30.docx-ms EXHIBIT “A”
Measure I Five-Year Capital Project Needs Analysis
Redlands Regular Meeting of 09-17-24
403 of 790
Nexus Project Cost 1,500,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 76.9%
Dev. Share: 23.10%
Project Information Phase Funding PRIOR* FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $1,500,000.00
Fund Type: MSI Arterial $ - $ 1,153,500.00 $ - $ - $ - $ - $ - DEV FEE $ - $ 346,500.00 $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - *Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.
Capital Project Needs Analysis
City of Redlands
Valley Arterial Sub-Program
Widen Citrus Ave from Dearborn
St to Wabash Ave from 2 to 4
lanes
Current Total Project Cost
Estimate:
$1,500,000.00
Total Measure I Request:
$1,153,500.00
(Summation of Measure I)
Comments:
2026-2030 CPNA Template.xlsx - Proj 1
EXHIBIT "A"
Redlands Regular Meeting of 09-17-24
404 of 790
Nexus Project Cost 800,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 76.9%
Dev. Share: 23.10%
Project Information Phase Funding PRIOR* FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $100,000.00
Fund Type: MSI Arterial $ - $ - $ 76,900.00 $ - $ - $ - $ - DEV FEE $ - $ - $ 23,100.00 $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $700,000.00
Fund Type: MSI Arterial $ - $ - $ - $ 538,300.00 $ - $ - $ - DEV FEE $ - $ - $ - $ 161,700.00 $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - $800,000.00
Capital Project Needs Analysis
City of Redlands
Valley Arterial Sub-Program
Construct a Traffic Signal at the
Intersection of Dearborn St and
Citrus Ave
Current Total Project Cost
Estimate:
Comments:
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.
Total Measure I Request:
$615,200.00
(Summation of Measure I)
2026-2030 CPNA Template.xlsx - Proj 2
Redlands Regular Meeting of 09-17-24
405 of 790
Nexus Project Cost 870,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 76.9%
Dev. Share: 23.10%
Project Information Phase Funding PRIOR* FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $120,000.00
Fund Type: MSI Arterial $ - $ - $ - $ 92,280.00 $ - $ - $ - DEV FEE $ - $ - $ - $ 27,720.00 $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $750,000.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ 576,750.00 $ - $ - DEV FEE $ - $ - $ - $ - $ 173,250.00 $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - $870,000.00
Capital Project Needs Analysis
City of Redlands
Valley Arterial Sub-Program
Construct a Traffic Signal at the
Intersection of Wabash Ave and
Citrus Ave
Current Total Project Cost
Estimate:
Comments:
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.
Total Measure I Request:
$669,030.00
(Summation of Measure I)
2026-2030 CPNA Template.xlsx - Proj 3
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Nexus Project Cost 885,000$
Dev. Loan? No
5-Year Advance? No
Public Share: 76.9%
Dev. Share: 23.10%
Project Information Phase Funding PRIOR* FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $125,000.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ 96,125.00 $ - $ - DEV FEE $ - $ - $ - $ - $ 28,875.00 $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $760,000.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ 584,440.00 $ - DEV FEE $ - $ - $ - $ - $ - $ 175,560.00 $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ______ $ - $ - $ - $ - $ - $ - $ - $885,000.00
Capital Project Needs Analysis
City of Redlands
Valley Arterial Sub-Program
Construct a Traffic Signal at the
Intersection of Wabash Ave and
5th Ave
Current Total Project Cost
Estimate:
Comments:
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.
Total Measure I Request:
$680,565.00
(Summation of Measure I)
2026-2030 CPNA Template.xlsx - Proj 4
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SHARES ALLOCATIONS
Jurisdiction
Current
Equitable
Share*
FY10/11 thru
FY24/25
Reimbursements
FY10/11 thru
4/25/24
Allocation
Balance
Approved
Advances
@ 4/25/24
Term Loan
Collateral
@ 4/25/24
Chino 7.591% $21,558,595 $298,946 $21,259,649 $12,985,417 Chino Hills 2.194% $3,043,718 $0 $3,043,718
Colton 2.534% $7,641,422 $418,015 $7,223,406
Fontana 19.400% $45,055,179 $7,634,761 $37,420,418
Grand Terrace 1.389% $4,188,609 $151,462 $4,037,147
Highland 6.777% $20,369,684 $6,108,258 $14,261,426 $2,574,105 Loma Linda 4.074% $12,285,380 $5,243,316 $7,042,063
Montclair 0.597% $1,800,287 $1,913,734 -$113,447 $1,105,972 $1,990,241 Ontario 12.272% $37,006,918 $17,397,975 $19,608,942 $6,383,764 Rancho Cucamonga 5.044% $12,352,298 $5,429,607 $6,922,691 Redlands 4.854% $14,637,514 $2,112,512 $12,525,002
Rialto 3.831% $11,055,088 $8,146,197 $2,908,891
San Bernardino 7.857% $23,693,232 $11,039,066 $12,654,167 $14,555,475 Upland 2.743% $8,271,673 $3,158,457 $5,113,216 $2,029,872 Yucaipa 5.965% $16,481,075 $15,052,759 $1,428,316 $9,832,320 County 12.878% $38,834,345 $6,126,338 $32,708,007
Arterial Allocation 100.000% $278,275,017 $90,231,403 $188,043,613 $46,892,820 $4,564,346 Measure I Valley Major Street/Arterial Sub-Program
Summary of Allocations, Balances & Special Arrangements
BALANCES SPECIAL ARRANGEMENTS
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SHARES
Current
Equitable
Share FY25/26 FY26/27 FY27/28 FY28/29 FY29/30
Total Projected
Revenue
Current Allocation
Balance
Total Available
through FY29/30
Chino 7.591% $2,327,137 $2,390,173 $2,452,267 $2,516,746 $2,599,180 $12,285,504 $21,259,649 $33,545,152 Chino Hills 2.194% $0 $0 $0 $0 $0 $0 $3,043,718 $3,043,718 Colton 2.534% $813,373 $834,712 $855,733 $877,561 $905,467 $4,286,845 $7,223,406 $11,510,251 Fontana 19.400% $4,205,211 $4,363,255 $4,518,935 $4,680,600 $4,887,277 $22,655,278 $37,420,418 $60,075,696 Grand Terrace 1.389% $445,847 $457,544 $469,066 $481,031 $496,327 $2,349,814 $4,037,147 $6,386,961 Highland 6.777% $2,169,825 $2,226,851 $2,283,024 $2,341,356 $2,415,930 $11,436,986 $14,261,426 $25,698,411 Loma Linda 4.074% $1,307,688 $1,341,996 $1,375,791 $1,410,885 $1,455,750 $6,892,110 $7,042,063 $13,934,173 Montclair 0.597% $191,627 $196,655 $201,607 $206,750 $213,324 $1,009,963 -$113,447 $896,516 Ontario 12.272% $3,939,113 $4,042,459 $4,144,258 $4,249,970 $4,385,117 $20,760,917 $19,608,942 $40,369,859 Rancho Cucamonga 5.044% $1,245,343 $1,286,434 $1,326,911 $1,368,944 $1,422,680 $6,650,312 $6,922,691 $13,573,003 Redlands 4.854% $1,558,055 $1,598,932 $1,639,197 $1,681,010 $1,734,465 $8,211,660 $12,525,002 $20,736,662 Rialto 3.831% $1,188,824 $1,220,753 $1,252,205 $1,284,866 $1,326,621 $6,273,270 $2,908,891 $9,182,161 San Bernardino 7.857% $2,521,970 $2,588,136 $2,653,311 $2,720,992 $2,807,518 $13,291,927 $12,654,167 $25,946,093 Upland 2.743% $880,459 $903,558 $926,312 $949,940 $980,148 $4,640,417 $5,113,216 $9,753,633 Yucaipa 5.965% $1,790,907 $1,840,134 $1,888,624 $1,938,979 $2,003,354 $9,461,998 $1,428,316 $10,890,314 County 12.878% $4,133,630 $4,242,078 $4,348,904 $4,459,837 $4,601,657 $21,786,106 $32,708,007 $54,494,113 Totals 100.000% $28,719,007 $29,533,671 $30,336,145 $31,169,466 $32,234,815 $151,993,106 $188,043,613 $340,036,719 Measure I Valley Major Street/Arterial Sub-Program Revenue Projections Fiscal Years 2025/2026 through 2029/2030
Jurisdiction
CPNA REVENUE PROJECTIONS* TOTALS
* 15-year reconciliation of shares in effect until FY35/36, which reduces allocations to Chino Hills, Fontana, and Rancho Cucamonga to account for allocations to projects through the Project Advancement Agreement process.
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City Council/Financing Authority Meeting I. 19.
DATE: 09/17/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a purchase order modification in the amount of $7,300 with Loma Linda University Children's Hospital for use of the Children's Assessment Center (Police Chief Tolber)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:
I move that the City Council approve a purchase order modification in the amount of $7,300 with Loma Linda University Children's Hospital for use of the Children's Assessment Center.
RECOMMENDATION:
Staff recommends City Council authorize staff to execute a purchase order in the amount of $7,300 with Loma Linda University Children's Hospital for use of the Children's Assessment Center.
DISCUSSION:
On June 18, 2024, City Council approved a MOU with Loma Linda University Children's Hospital for use of the Children's Assessment Center for three years at an annual cost of $7,200. However, the amount per the MOU is $7,300. Staff is requesting to revise the purchase order amount to the correct amount stated in the MOU.
ALTERNATIVES:
City Council may decide not to approve the revised amount to the purchase order.
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STRATEGIC PLAN:
Not applicable.
SUBMITTED BY:
Rachel Tolber, Chief of Police
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Danielle Garcia, Management Services/Finance Director
Dana Abramovitz-Daniel, Procurement Manager
PREPARED BY:
Jimmy Nguyen, Management Analyst
Fiscal Impact
Fiscal Year: 2024-25
Revenue Generating: N
Appropriation Required Y/N: N
Amount: $7,300
Budgeted Y/N: Y
Account No.: 101202-6105
Discussion:
Funds for these services were budgeted for FY 2024/25 and will be requested in subsequent years.
Attachments
LLUCH MOU
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MEMORANDUM OF UNDERSTANDING
between
Loma Linda University Children's Hospital
And
San Bernardino County Police Departments
for
Use of Children's Assessment Center
July 1, 2024
WHEREAS, there exists a need for additional medical and forensic services to examine and diagnose children of suspected child abuse; and
WHEREAS, the County of San Bernardino and its affiliates, and Loma Linda University Children's Hospital {LLUCH), have entered into a contractual public-private endeavor to provide these services at the jointly operated Children's Assessment Center (CAC); and WHEREAS, because of the above-referenced public-private endeavor, the LLUCH is offering the County's local law enforcement and other child protecting Agencies an opportunity to obtain the medical and forensic services needed to examine and diagnose children of suspected sexual and/or physical abuse;
NOW THEREFORE, the LLUCH and local law enforcement Agencies and other child protecting Agencies, hereinafter referred to as Agencies, mutually agree to the following terms and conditions:
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TABLE OF CONTENTS
I. DEFINITIONS ........................................................................................................ 3 II. SERVICES TO BE PERFORMED ......................................................................... 3 Ill. OBLIGATIONS OF AGENCIES ............................................................................. 3 IV. INVOICE AND PAYMENT PROCEDURES ........................................................... 4 V. INDEMNIFICATION AND INSURANCE ................................................................. 5 VI. TERM .................................................................................................................... 5 VII. EARLY TERMINATION ......................................................................................... 5 VIII. GENERAL PROVISIONS ...................................................................................... 5 XI. CONCLUSION ....................................................................................................... 8
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I. DEFINITIONS
A. Agencies - For purposes of this MOU, local law enforcement and other child protecting Agencies able to access the services of the Center.
B. Children's Assessment Center (CAC) - Referred to as the Center. For purposes of this MOU, shall only be that portion of the Center which is for the medical and forensic interview, examination and diagnosis of suspected child sexual and/or physical abuse. It does not include the direct treatment of the emotional, mental or physical consequences of abuse.
C. Loma Linda University Children's Hospital (LLUCH) - Will provide the Center's Medical Director who is responsible for the medical direction of the Center.
11. SERVICES TO BE PERFORMED .
A. The Center shall provide a medical sexual and/or physical abuse evidentiary examination by an examiner.qualified for the practice of medical diagnosis of child abuse as well as qualified for practicing their medical specialty. The examination shall include medical history, physical examination, and if medically appropriate, an in-depth examination of the genitalia using a coloposcope. The medical examination shall comply with the California Medical Protocol for Examination of Sexual Assault and Child Abuse Victims.
B. The Center shall provide the Agencies an original copy of the completed report of the outcome of the evaluation upon completion of the examination.
C. The Center's Medical Director shall have the absolute right and discretion to refuse to conduct a medical examination or order certain laboratory tests with respect to a particular child.
D. Qualified and trained Masters level professional with Child Forensic Interview Training (CFiT) and certification to perform the forensic interview(s) of a child suspected of being abused. The Forensic Interview (Fl), shall work under the direction and control of the Medical Director and the Center's Manager.
1. All forensic interviews will be memorialized and a copy of the interview evidence will be provided to the referring Agencies.
2. Prior to conducting the forensic interview, the Fl will review records relative to the child which have been provided to the Center and will consult with the authorized individual from the Agencies as to the content and purpose of the interview.
111. OBLIGATIONS OF AGENCIES
A. The Agencies shall pay to LLUCH an annual membership fee calculated by population size, as outlined in Exhibit A, which entitles them to the services outlined in Section 11.
B. No changes to the fee structure or calculations will be permitted within the first year of this Agreement. All changes thereafter are to be reassessed on an annual basis and must be stated in a written amendment to this Agreement.
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IV. INVOICE AND PAYMENT PROCEDURES
A. ANNUAL MEMBERSHIP FEE
LLUCH shall submit an invoice to the Agencies for the membership fee annually. The Agencies shall pay the membership fee within forty-five (45) days of receiving the invoice. The Agencies must submit payment within forty-five ( 45) days to continue to utilize the Center's services.
1. The annual membership entitles the Agencies access to services outlined in Section II of the agreement, it does not include the direct treatment of the emotional, mental, or physical consequences of abuse. LLUCH reserves the right and responsibility to bill and collect from third party payors (including Medi-Cal and private insurance) any fees for evidentiary medical examination rendered by CAC during any client session.
B. BILLING AND PAYMENT ADDRESSES
1. The Agencies' designated person and address for billing purposes shall be:
BARSTOW POLICE DEPARTMENT
Attn:
220 East Mountain View Street, Barstow, CA 92311
CHINO POLICE DEPARTMENT
Attn:
5450 Walnut Avenue, Chino, CA 91708
COL TON POLICE DEPARTMENT
Attn:
650 N. La Cadena Drive, Colton, CA 92324
FONTANA POLICE DEPARTMENT
Attn:
17005 Upland Avenue, Fontana, CA 92335
MONTCLAIR POLICE DEPARTMENT
Attn:
4870 Arrow Highway, Montclair, CA 91763
ONTARIO POLICE DEPARTMENT
Attn: Fiscal Services
2500 South Archibald Avenue, Ontario, CA 91761
REDLANDS POLICE DEPARTMENT
Attn:
30 Cajon, Post Office Box 1025, Redlands, CA 92373
RIAL TO POLICE DEPARTMENT
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Attn:
128 North Willow Avenue, Rialto, CA 92376
SAN BERNARDINO POLICE DEPARTMENT
Attn: Finance Unit
290 North "D" Street, San Bernardino, CA 92402
UPLAND POLICE DEPARTMENT
Attn: Lieutenant
1499 West 13th Street, Upland, CA 91786
2. Payments shall be made payable to:
LOMA LINDA UNIVERSITY CHILDREN'S HOSPITAL
The address and designated person for pilling purposes shall be:
CHILDREN'S ASSESSMENT CENTER
Attn: Program Administrator
700 E. Gilbert Street, San Bernardino, CA 92415
V. INDEMNIFICATION AND INSURANCE
A. INDEMNIFICATION
Each party to this agreement agrees to Indemnify and hold harmless the other party and its officers, employees, agents and volunteers from any and all claims or actions resulting from the other party's acts, errors or omissions and for any costs or expenses incurred by the party on account of any claim therefore.
B. INSURANCE
Each Agency to this agreement is a public entity and is legally self-insured under the laws of the State of California. LLUCH is also legally self-insured under the laws of the State of California.
VI. TERM
This Memorandum of Understanding (MOU) is effective as of July 1, 2024 and expires June 30, 2027, but may be terminated earlier in accordance with provisions of Section VII of this MOU.
VII. EARLYTERMINATION
This MOU may be terminated without cause upon thirty (30) days written notice by either Agency. LLUCH is authorized to exercise rights as to all or any of the Agencies with respect to any termination of this MOU. The Agency's Director, or his/her appointed designee, has authority to terminate this MOU on behalf of the Agencies.
VIII. GENERAL PROVISIONS
A. When notices are required to be given pursuant to this MOU, the notices shall be in writing and mailed to the following respective addresses listed below.
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1. Agencies:
BARSTOW POLICE DEPARTMENT
Attn:
220 East Mountain View Street, Barstow, CA 92311
CHINO POLICE DEPARTMENT
Attn:
5450 Walnut Avenue, Chino, CA 91708
COL TON POLICE DEPARTMENT
Attn:
650 N. La Cadena Drive, Colton, CA 92324
FONTANA POLICE DEPARTMENT
Attn:
17005 Upland Avenue, Fontana, CA 92335
MONTCLAIR POLICE DEPARTMENT
Attn:
4870 Arrow Highway, Montclair, CA 91763
ONTARIO POLICE DEPARTMENT
Attn: Fiscal Services
2500 South Archibald Avenue, Ontario, CA 91761
REDLANDS POLICE DEPARTMENT
Attn:
30 Cajon, Post Office Box 1025, Redlands, CA 92373
RIAL TO POLICE DEPARTMENT
Attn:
128 North Willow Avenue, Rialto, CA 92376
SAN BERNARDINO POLICE DEPARTMENT
Attn: Finance Unit
290 North "D" Street, San Bernardino, CA 92402
UPLAND POLICE DEPARTMENT
Attn: Lieutenant
1499 West 13th Street, Upland, CA 91786
2. LLUCH:
LOMA LINDA UNIVERSITY CHILDREN'S HOSPITAL
Ambulatory Administration
11234Anderson Street, CH1816
Loma Linda, CA 92354
B. Nothing contained in this MOU shall be construed as creating a joint venture, partnership or employment arrangement between the Parties hereto, nor shall
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either Agency have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Agency hereto.
C. Agencies shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of LLUCH in an attempt to secure favorable treatment regarding this MOU.
LLUCH, by written notice, may immediately terminate any MOU if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of LLUCH with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once a MOU has been awarded.
Agencies shall immediately report any attempt by a LLUCH officer, employee or agent to solicit ( either directly or through an intermediary) improper consideration from Agencies. The report shall be made to the supervisor or manager charged with supervision of the employee or to LLUCH's Administrative Office. In the event of a termination under this provision, LLUCH is entitled to pursue any available legal remedies.
D. No waiver of any of the provisions of the MOU shall be effective unless it is made in a writing which refers to provisions so waived and which is executed by the Agencies. No course of dealing and no delay or failure of an Agency in exercising any right under the MOU shall affect any other or future exercise of that right or any exercise of any other right. An Agency shall not be precluded from exercising a right by its having partially exercised that right or its having previously abandoned or discontinued steps to enforce that right.
E. Any alterations, variations, modifications, or waivers of provisions of the MOU, unless specifically allowed in the MOU, shall be valid only when they have been reduced to writing, duly signed and approved by the Authorized Representatives of both Agencies as an amendment to this MOU. No oraJ understanding or agreement not incorporated herein shall be binding on any of the Agencies hereto.
F. If any provision of the MOU is held by a court of competent jurisdiction to be unenforceable or contrary to law, it shall be modified where practicable to the extent necessary so as to be enforceable (giving effect to the intention of the Parties) and the remaining provisions of the MOU shall not be affected.
G. This MOU shall be governed by and construed in all aspects in accordance with the laws of the State of California without regard to principles of conflicts of laws. The Agencies agree to the exclusive jurisdiction of the federal court located in the County of Riverside and the state court located in the County of San Bernardino, for any and all disputes resulting under this MOU, to the exclusion of all other federal and state courts.
H. This MOU is not assignable by Agencies either in whole or in part.
I. Agencies shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving services pursuant to this
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MOU, except for statistical information not identifying any participant. The Agencies shall not use or disclose any identifying information for any other purpose other than carrying out the Agency's obligations under this MOU, except as may be otherwise required by law. This provision will remain in force even after the termination of the MOU.
Moreover, Agencies and LLUCH both recognize the breadth of laws and regulatory requirements concerning the confidentiality of child sexual abuse information and will ensure that their employees, volunteers and agents are familiar with the lawful release and exchange of such confidential information.
J. Agencies and LLUCH shall comply with all Federal, State and local laws and regulations and requirements.
XI. CONCLUSION
A. The signatures of the Parties affixed to this MOU affirm that they are duly authorized to commit and bind their respective departments to the terms and conditions set forth in this document.
Signatures to Follow
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LOMA LINDA UNIVERSITY CHILDREN'S
HOSPITAL
Name1 ~ e~ ke,
Title: r tJe7or Vice President
Date: >. lf '
BARSTOW POLICE DEPARTMENT
Name:
Title:
Andrew Espinoza Jr.
Chief of Police
Date: _______ _
CHINO POLICE DEPARTMENT
Name :
Title:
Kevin Mensen
Chief of Police
Date: _______ _
COL TON POLICE DEPARTMEN T
Name:
Title:
Henry Dominguez
Chief of Police
Date: _______ _
FONTANA POLICE DEPARTMENT
Name:
Title:
Michael Dorsey
Chief of Police
Date: _______ _
MONTCLAIR POLICE DEPARTMENT
Name:
Title:
Jason Reid
Chief of Police
Date: _______ _
ONTARIO POLICE DEPARTMENT
Name:
Title:
Michael Lorenz
Chief of Police
Date: _ _ _ ____ _
RIAL TO POLICE DEPARTMENT
Name:
Title:
Mark P. Kling
Chief of Police
Date: _______ _
SAN BERNARDINO POLICE DEPARTMENT
Name:
Title:
Darren L Goodman
Chief of Police
Date: _______ _
UPLAND POLICE DEPARTMENT
Name:
Title:
Marcelo Blanco
Chief of Police
Date: _ ______ _
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Exhibit A
Fee Structure: Fees are calculated by population. Cities with a population over 50,000 pay $5,000 membership fee plus 10 cents per resident over 50,000 residents. Cities with populations below 50,000 residents pay the $5,000 membership fee only. All jurisdictions paying fees are entitled to receive unlimited assessments at no additional cost.
Jurisdiction Population Annual Fee
San Bernardino Police Department 220,000 $22,000
Fontana Police Department 212,000 $21,200
Ontario Police Department 179,000 $17,900
Rialto Police Department 103,000 $10,300
Chino Police Department 93,000 $9,300
Upland Police Department 78,000 $7,800
Redlands Police Department 73,000 $7,300
Colton Police Department 53,000 $5,300
Barstow Police Department <50,000 $5,000
Montclair Poli_ce Department <50,000 $5,000
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City Council/Financing Authority Meeting I. 20.
DATE: 09/17/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a Grant Agreement with the Office of Traffic Safety relating to the distribution of a grant award in an amount not-to-exceed $120,000; authorize the Chief of Police to sign and execute agreements implementing the grant; approve an additional appropriation of the same (Police Chief Tolber)
MOTION(S):
If the City Council determines that staff's recommendation is appropriate, the following motion is provided:
I move to approve a Grant Agreement with the Office of Traffic Safety relating to the distribution of a grant award in an amount not-to-exceed $120,000; authorize the Chief of Police to sign and execute agreements implementing the grant; and approve an additional appropriation of the same.
RECOMMENDATION:
Staff recommends accepting the Office of Traffic Safety “Selective Traffic Enforcement Program” PT25106 grant for local law enforcement agencies; authorizing the Chief of Police to sign and execute agreements implementing the grant; and authorizing an additional appropriation to the police department in the amount of $120,000.
DISCUSSION:
California will initiate the Selective Traffic Enforcement Program (STEP) on October 1, 2024. The grant will fund DUI checkpoints, DUI saturation patrols, speeding, red light, and stop sign enforcement, and pedestrian / bicycle enforcement. In addition, the grant will fund the Know Your Limit program and collaborative DUI and traffic enforcement with other agencies. Grant funds will be used to staff the enforcement operations with first-line supervisors and officers from the Redlands Police Department. The STEP operations and DUI Redlands Regular Meeting of 09-17-24
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officers from the Redlands Police Department. The STEP operations and DUI checkpoint and saturation patrols are highly publicized and provide both education and enforcement of traffic and DUI laws. The grant funds will be used for overtime to conduct the operations.
ALTERNATIVES:
Do not accept the grant.
STRATEGIC PLAN:
Continues the support of Objective E-8.2: Research and implement evidence-based methods to reduce violent and property crime and effectively address traffic concerns.
SUBMITTED BY:
Rachel Tolber, Police Chief
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Selina Sanchez, Grant Coordinator
PREPARED BY:
Ryan Steinhaus, Traffic Sergeant
Fiscal Impact
Fiscal Year: 2024-25
Revenue Generating: N
Appropriation Required Y/N: Y
Amount: 120,000
Budgeted Y/N: Y
Discussion:
There is no impact to the General Fund. All expenditures are reimbursable under the grant.
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Attachments
OTS Grant Agreement
Additional Appropriation
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State of California – Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT25106
1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY 3. Grant Period
Redlands From:
To:
10/01/2024
09/30/2025 4. AGENCY UNIT TO ADMINISTER GRANT
Redlands Police Department
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $120,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
Schedule A – Problem Statement, Goals and Objectives and Method of Procedure Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) Exhibit A – Certifications and Assurances
Exhibit B* – OTS Grant Program Manual
Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Ryan Steinhaus
Sergeant
(909) 647-8165
1270 W Park Ave Building C
Redlands, CA 92373
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Rachel Tolber
Chief of Police
909-557-6584
,
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL
D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Jimmy Nguyen
Management Analyst
(909) 488-2983
PO Box 1025
Redlands, CA 92373
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Barbara Rooney
Director
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
AGREEMENT
TOTAL $120,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$120,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $120,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu
SAM #:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
Q6LKTJ5M3JA8
1270 W. Park Ave Bldg C
Redlands
92373-8112
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PT25106
1. PROBLEM STATEMENT
The City of Redlands' downtown and west-end commercial districts have been and are currently expanding with new businesses, including restaurants and alcohol-serving establishments. The City of Redlands is also witnessing an increase in residential buildings, which will promote more vehicular and pedestrian traffic. The Citrus Plaza/Mountain Grove shopping complex is expanding and has a movie theater and eating establishments that serve alcoholic beverages. The Mountain Grove shopping complex also hosts a summer concert series that brings thousands of people to the shopping and dining establishments. All of this growth has caused an increase in pedestrian traffic and roadway users in the City of Redlands.
The thoroughfares in the city are being improved to relieve congestion and accommodate the high volume of travel by roadway users throughout the day and night. A commuter rail system currently transports community members back and forth from downtown Redlands to the City of San Bernardino. The commuter rail system has created a significant impact on the roadways and traffic congestion in the city. Highways such as Interstate 10, 210, and State Highway 38 travel through Redlands and provide connectors to a multitude of other cities. The assistance of the STEP grant will allow officers to be deployed for additional traffic safety measures, education, and enforcement. Additional training provided through the STEP grant will also assist officers with investigations and arrests of drivers who are found to be operating a motor vehicle while impaired. This could involve alcoholic beverages, illegal drugs, or prescription medication.
In 2020, the Redlands Police Department investigated 611 injury traffic collisions; in 2021, we had 627 injury traffic collisions, which was an increase of 16. Our injury alcohol-related traffic collisions went up from 35 in 2020 to 66 in 2021 and then back down to 53 in 2022. This significant decrease/increase is likely due to the statewide lockdown and the closure of bars and other drinking establishments during 2020, coupled with the re-opening of said establishments in 2021. In 2020 and 2021, we had zero fatal hit-and-run traffic collisions, but in 2022, we had one. However, in 2023, we had 12 fatalities from 7 traffic collisions.
As we look at the past and local statistics, we can see the direct correlation with staffing levels and reduction in fatal collisions. To highlight this reduction, we look at our 2020 collision data (see Traffic Data Summary).
In 2021, we were able to complete all of the grant objectives and sustained four (4) fatal traffic collisions.
This is in contrast to 2020, when we were affected by COVID-19 and could not complete all of the grant objectives and investigated 6 vehicle collisions that resulted in fatalities. Furthermore, as our fatal collisions in 2020 decreased by 2 in 2021, we also had a decrease in our injury traffic collisions from 2020 to 2021. In 2020, we did not meet the grant objectives; however, this was due to the pandemic and state lockdown, not any issues at our department. So, as you can see, the funding and completion of grant objectives have given the Redlands Police Department the ability to reduce traffic collisions. Another factor in reducing fatal traffic collisions is that in 2019, the Redlands Police Department was able to staff a full-time traffic unit staffed by a Motor/Traffic detective and a senior Motor/Traffic Investigator. The combination of completing the grant objectives and adding the traffic unit has shown to be effective in reducing injury traffic collisions in the City of Redlands. In 2022, the City of Redlands funded two (2) officers in traffic and special events; however, in 2023, we lost one traffic officer through attrition. Therefore, grant funding remains of the utmost importance and is likely a significant factor in decreasing fatal traffic collisions. The full-time traffic unit is making strides to reduce fatal traffic collisions, but without help from grant funding, we feel many of our traffic collisions categories will once again surge.
We know that typically driving under the influence (DUI) is the highest during the holidays. Significant progress has been made in reducing DUI collisions by law enforcement as a whole, but DUI deaths have not dropped and continue to increase. It is going to take a coordinated effort between Law Enforcement, community-based organizations, and media outreach to help combat this problem.
Several DUI suspects have made statements during DUI investigations and at checkpoints that they have purchased alcoholic beverages at our local bars and restaurants. The City of Redlands has 206 active alcohol-licensed establishments, of which 145 are “on-sale” businesses. The continuing growth and development of the city will lead to an increase in the number of alcohol establishments in our city. Our Redlands Regular Meeting of 09-17-24
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downtown bars have a large number of calls involving intoxicated patrons, minors purchasing alcohol, and open container consumption in parking lot areas. Continuous inspections of the Alcohol-licensed establishments are key in keeping the locations in compliance. Having a “know your limit” program will ease the alcohol-related events and DUIs in the City of Redlands.
The Redlands Police Traffic Unit clearly needs to do more work to decrease injury collisions and offenses that cause injury collisions. The Redlands Police Department Traffic Unit is working on serving the motoring public by increasing awareness, education, and proactive enforcement. Grant funding will assist in meeting our goal to reduce the number of injury traffic collisions and improve traffic safety for the citizens of Redlands.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of bicyclists killed in traffic crashes.
6. Reduce the number of bicyclists injured in traffic crashes.
7. Reduce the number of persons killed in alcohol-involved crashes.
8. Reduce the number of persons injured in alcohol-involved crashes.
9. Reduce the number of persons killed in drug-involved crashes.
10. Reduce the number of persons injured in drug-involved crashes.
11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.
12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.
13. Reduce the number of motorcyclists killed in traffic crashes.
14. Reduce the number of motorcyclists injured in traffic crashes.
15. Reduce hit & run fatal crashes.
16. Reduce hit & run injury crashes.
17. Reduce nighttime (2100 - 0259 hours) fatal crashes.
18. Reduce nighttime (2100 - 0259 hours) injury crashes.
B. Objectives: Target Number
1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:
National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 3 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 1 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed).
2 7. Send law enforcement personnel to the DRE Recertification training. 1
8. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended 6 Redlands Regular Meeting of 09-17-24
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the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
9. Conduct DUI Saturation Patrol operation(s). 12
10. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
6 11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
3 12. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 3 13. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 3 14. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 15. Conduct Know Your Limit campaigns with an effort to reach members of the community.
6 16. Participate in highly visible collaborative DUI Enforcement operations. 1
17. Participate in highly visible collaborative Traffic Enforcement operations. 2
18. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
1 19. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
1 20. Participate in community collaboration and engagement activities to engage in conversations regarding traffic safety to both share information and receive input from the community members.
2 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year) The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
All training needed to implement the program should be conducted in the first quarter. All grant related purchases needed to implement the program should be made in the first quarter. In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
Media Requirements:
Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.
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The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.
Media Requirements
The following requirements are for all grant-related activities:
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
Send all Powerpoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator. Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS grant coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email. Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication. Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.
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Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo. Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.
If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs. Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year. For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website. Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.
C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives. Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PT25106
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
164AL-25 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$70,000.00
402PT-25 20.600 State and Community Highway
Safety
$50,000.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-25 $6,000.00 6 $36,000.00
DUI Saturation Patrols 164AL-25 $1,500.00 12 $18,000.00 Know Your Limit 164AL-25 $1,500.00 5 $7,500.00
Collaborative DUI Enforcement 164AL-25 $3,000.00 1 $3,000.00 Traffic Enforcement 402PT-25 $2,500.00 6 $15,000.00
Distracted Driving 402PT-25 $2,500.00 3 $7,500.00
Pedestrian and Bicycle Enforcement 402PT-25 $2,500.00 3 $7,500.00 Motorcycle Safety 402PT-25 $2,500.00 3 $7,500.00
Street Racing and Sideshow Enforcement
Operations
402PT-25 $2,500.00 1 $2,500.00
Collaborative Traffic Enforcement 402PT-25 $2,500.00 2 $5,000.00 Category Sub-Total $109,500.00
B. TRAVEL EXPENSES
In State Travel 402PT-25 $5,000.00 1 $5,000.00
$0.00
Category Sub-Total $5,000.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
PAS Device/Calibration Supplies 164AL-25 $800.00 1 $800.00 DUI Checkpoint Supplies 164AL-25 $3,600.00 1 $3,600.00
Vehicle Wrap 164AL-25 $1,100.00 1 $1,100.00
Category Sub-Total $5,500.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $120,000.00
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PT25106
BUDGET NARRATIVE
PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. 6 Events, 8 Officers, 6 Hours
DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. 12 Events, 2 Officers, 6 Hours
Know Your Limit - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel. 2 Officers, 6 Events, 6 Hours Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel 4 Officers, 6 Hours Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. 4 Officers, 6 Events, 6 Hours
Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. 4 Officers, 6 Events, 4 Hours
Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. 4 Events, 4 Officers, 4 Officers Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. 4 Officers, 2 Events, 6 Hours
Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. 4 Officers, 4 Hours, 1 Event Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel 4 Officers, 6 Hours, 3 Events
TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include Lifesavers March 2025 and OTS Traffic Safety Law Enforcement Forum June 2025. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.
Classes, Trainings, Travel, Lodging
CONTRACTUAL SERVICES
-
EQUIPMENT
-
OTHER DIRECT COSTS
PAS Device/Calibration Supplies - Preliminary alcohol screening device to detect the presence of alcohol in a person's breath and calibration supplies to ensure accuracy. Costs may include mouth pieces, gas and accessories.
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.
Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).
Vehicle Wrap - Signage applied to a vehicle turning it into a mobile billboard. The wrap must include a traffic safety message and include the OTS logo. Draft graphics must be submitted to OTS for prior approval. OTS will not pay for paid media space under this line item.
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
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There will be no program income generated from this grant.
Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PT25106
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended; Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs; 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally- funded or not);
Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).
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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.
GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with resp ect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.
SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:
1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”
3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.
6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.
7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.
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By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. Y ou also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, comple te, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.
The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Sa fety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub -recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.
THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;
5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—
1. Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—
1. Taking appropriate personnel action against such an employee, up to and including termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.
POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; Redlands Regular Meeting of 09-17-24
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2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contra ct, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or loca l legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)
INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective part icipant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or Redlands Regular Meeting of 09-17-24
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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS —
PRIMARY TIER COVERED TRANSACTIONS
1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.
INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred , or Redlands Regular Meeting of 09-17-24
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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —
LOWER TIER COVERED TRANSACTIONS
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will in crease the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretar y of Transportation.
CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)
GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any suc h subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:
1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.
2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.
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DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:
1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.
2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.
3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the int erests of a regulated or affected organization.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving comp any- owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
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City Council/Financing Authority Meeting J. 1.
DATE: 09/17/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Public Hearing to consider Resolution No. 8629 for development applications related to the construction of 164 apartment units within the Venue at Orange Apartments located at the southwest corner of Orange Avenue and Alabama Street continued to October 1, 2024 (Development Services Director Desatnik)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:
I move that City Council continue the public hearing to consider Resolution No. 8629 for development applications related to the construction of 164 apartment units within the Venue at Orange Apartments located at the southwest corner of Orange Avenue and Alabama Street to October 1, 2024.
RECOMMENDATION:
Staff recommends continuing the public hearing considering the public hearing to consider Resolution No. 8629 for development applications related to the construction of 164 apartment units within the Venue at Orange Apartments located at the southwest corner of Orange Avenue and Alabama Street to October 1, 2024, to allow time to update corresponding hearing documents.
DISCUSSION:
Staff recommends continuing the public hearing considering the public hearing to consider Resolution No. 8629 for development applications related to the construction of 164 apartment units within the Venue at Orange Apartments located at the southwest corner of Orange Avenue and Alabama Street to October 1, 2024, to allow time to update corresponding hearing documents.
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ALTERNATIVES:
N/A
STRATEGIC PLAN:
N/A
SUBMITTED BY:
Brian Desatnik, Development Services Director
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
PREPARED BY:
Jennifer Macias, Management Analyst
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City Council/Financing Authority Meeting K. 1.
DATE: 09/17/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of the Amended and Restated City Manager Employment Agreement between the City of Redlands and Charles M. Duggan, Jr. (Assistant City Manager McConnell)
MOTION(S):
If the City Council determines the recommendation is appropriate, the following motion is provided:
I move to approve the Amended and Restated City Manager Employment Agreement between the City of Redlands and Charles M. Duggan, Jr.
RECOMMENDATION:
To approve the Amended and Restated Employment Agreement between the City of Redlands and Charles M. Duggan, Jr.
DISCUSSION:
Charles M. Duggan, Jr. has dutifully served as the City Manager since January 2020. The current Employment Agreement with the City Manager expires on January 31, 2026. The City Council wishes to amend the City Manager’s contract prior to its expiration. It is proposed that the City Council approve an Amended and Restated Employment Agreement, which proposes the following terms.
Term of the employment agreement extended to January 31, 2028.1.
Base salary increases in accordance with the following schedule:
Effective January 15, 2025, annual base salary shall increase to Three Hundred Twenty Thousand Dollars ($320,000).
a.
Effective the first payroll period following July 1, 2025, Employee will receive a one percent (1%) increase to his Salary over the prior year. b.
2. Other terms as set forth in the current contract remain unchanged.3.
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This report complies with Government Code Section 54953(c)(3).
ALTERNATIVES:
The City Council may elect not to approve the Agreement and provide alternative direction to staff.
STRATEGIC PLAN:
N/A.
SUBMITTED BY:
Janice McConnell, Assistant City Manager
RECOMMENDED BY:
Mayor Eddie Tejeda and Mayor Pro Tem Paul T. Barich
REVIEWED BY:
Charles M. Duggan, Jr.
Yvette M. Abich Garcia, City Attorney
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Janice McConnell
Fiscal Impact
Fiscal Year: 2025
Revenue Generating: No
Appropriation Required Y/N: No
Amount: 14,408
Discussion:
The amended and restated agreement represents an increase in base pay of $14,408. Other benefits tied to base salary will be adjusted accordingly and their impacts are minimal.
Attachments
City Manager Employment Agreement
City Manager Employment Agreement Redline
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CITY OF REDLANDS
AMENDED AND RESTATED CITY MANAGER EMPLOYMENT AGREEMENT
This Amended and Restated City Manager Employment Agreement (this “Agreement”) is made and entered into the 17th day of September , 2024 (“Effective Date”) by and between the City of Redlands, a general law city and municipal corporation (“City”) and Charles M. Duggan Jr., an individual (“Employee”). For purposes of this Agreement, City and Employee are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”
RECITALS
WHEREAS, Employee has dutifully served as City Manager since January 2020; and
WHEREAS, it is the desire of City to continue to retain the services of Employee as City Manager and the desire of the Employee to serve in that capacity; and
WHEREAS, Government Code section 34852 provides that an ordinance establishing a city manager form of government shall define the powers and duties of the city manager; and
WHEREAS, the duties of the city manager of the City are set forth in full in Chapter 2.04 of the Redlands Municipal Code (”RMC”); and
WHEREAS, RMC section 2.04.010 states: “The City Manager shall be appointed by the City Council solely on the basis of his executive and administrative qualifications and ability, and shall hold office at and during the pleasure of the City Council;” and
WHEREAS, it is the desire of City to: (1) provide inducement for Employee to remain in City’s employment; (2) make possible full work productivity by providing Employee with assurances regarding his employment; and (3) provide an equitable process for term inating Employee’s services if that should occur; and
WHEREAS, the City Council of the City of Redlands (“City Council”) has determined that Employee has the required executive and administrative qualifications and ability, along with the level of education, experience, skills and expertise to serve as the City Manager of the City; and
WHEREAS, it is the desire of the City Council to amend and restate the terms and conditions of the Agreement.
NOW, THEREFORE, for and in consideration of the mutual promises contained herein, the Parties agree as follows:
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AGREEMENT
1. Employment and Duties
1.1 Duties. The City Council hereby appoints Employee as the City Manager for the City to perform the functions and duties of that position, as described in the California Government Code and Chapter 2.04 of the Redlands Municipal Code (as such Chapter may be amended from time to time in the sole discretion of the City Council without any amendment of this Agreement or Employee’s acquiescence), and such other legally permissible and proper duties and functions as the City Council shall, from time to time, direct or assign to Employee. Employee agrees to perform all such functions and duties to the best of his ability and in an efficient, competent, and ethical manner.
1.2 Term. The City hereby employs Employee as City Manager on an at-will basis remaining in effect until January 31, 2028.
1.3 Work Schedule. Employee will report to the entire City Council. It is recognized that Employee is expected to engage in the hours of work that are necessary to fulfill the obligations of the position of City Manager, must be available at all times and devote significant time outside of “normal” City office hours to the business of the City . Employee acknowledges that proper performance of the duties of the City Manager will require Employee to generally observe normal business hours (currently 7:30 a.m. to 5:30 p.m., Monday through Friday in accordance with City’s “9/80” work schedule), as set by the City and as may be duly revised from time-to-time by the City, and will also often require the performance of necessary services outside of normal business hours. Employee may bank Fridays worked while City Hall is closed for up to four months. Employee is pre-authorized to work remotely, for periods of time not exceeding two- weeks, four times each year. Employee’s compensation (whether salary or benefits) is not based on hours worked. Furthermore, the C ity Manager position remains an “exempt” classification under the overtime provisions of the federal Fair Labor Standards Act (“FLSA”) and Employee shall not be entitled to any compensation for overtime, nor subject to such overtime provisions of the FLSA.
1.4 Other Activities. Employee shall focus his professional time, ability, and attention to the City’s business during the term of this Agreement. Employee shall not engage, without the express prior written consent of the City Council, in any other business duties or pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or professional nature, to any other person or organization, whether for compensation or otherwise, that is or may be competitive with the City, that might cause a conflict-of-interest with the City, or that otherwise might interfere with the business or operation of the City or the satisfactory performance of the functions and duties of the City Manager.
1.5 Employment Status. Employee shall serve at the will and pleasure of the City Council and understands he shall continue to be an “at -will” employee and shall be subject to summary dismissal without any right of notice or hearing, including any so-called due process pre- disciplinary “Skelly” hearing. The City may terminate Employee at any time in accordance with Section 3.2 below.
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1.6 Exemption from Personnel System. Redlands Municipal Code section 2.56.030 expressly exempts the “ City Manager” position from the City’s Personnel System established in Redlands Municipal Code Chapter 2.56. Employee understands, acknowledges and agrees that Employee is exempt from the City’s Personnel System.
1.7 City Documents. All data, studies, reports and other documents prepared by Employee while performing his duties during the term of this Agreement shall be furnished to and become the property of the City , without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee to the extent permitted by applicable law, except as may be required by any governmental agency or court of competent jurisdiction. Such materials shall not be used by Employee, without the prior written consent of the City Council, for any purposes other than the performance of Employee’s duties. Additionally, no such materials may be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by (a) law, (b) any governmental agency, (c) subpoena, or (d) an order issued by a court of competent jurisdiction.
1.8 ICMA Code of Ethics. The Parties mutually desire for Employee to be subject to and comply with the International City /County Management Association (“ICMA”) Code of Ethics, and Employee commits to comply with the ICMA Code of Ethics. The City and the City Council agree that the City Council will not require that Employee violate the ICMA Code of Ethics as part of his employment with the City.
2. Compensation and Reimbursement
2.1 Current Base S alary. Beginning with the pay period to be paid on January 15, 2025, employee shall receive Three Hundred Twenty Thousand Dollars (320,000) as his annual base salary (“Salary”) for the C ity M anager position. Employee’s Salary shall be paid on a pro-rated basis bi-weekly at the same time as other employees of the City are paid, and shall be subject to normal and proper withholdings as determined by state and federal law, and as determined appropriate by the City Council, and shall be subject to payroll taxes, workers’ compensation, and other payroll- related liability costs. Effective the first payroll period following July 1, 2025, Employee will receive a one percent (1%) increase to his Salary over the prior year.
2.2 Salary Adjustment. Following the annual performance evaluation set forth in Section 5.2 hereof, the City Council may increase Employee’s base salary and benefits package based on the results of those annual reviews. Any adjustments in the base salary and/or benefits following the annual performance evaluation under Section 5.2 are not automatic and instead shall be at the sole discretion of the City Council.
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substantially above expectations. The City Council may establish criteria as the basis for any bonus that may be awarded and such criteria will be delivered in writing to Employee before December 31 of each year. Employee and City agree that the City Council is not obligated to grant an incentive bonus and that no assurances have been given to Employee that any incentive bonus will be granted during the term of this Agreement.
2.4 Business Expense Reimbursements. The City shall reimburse Employee for reasonable and necessary travel, subsistence, and other City- related business expenses incurred by Employee in the performance of his duties. All reimbursements shall be subject to and in accordance with California law, the City’s adopted policies, and IRS rules for reporting compensation through payroll or reimbursement through accounts payable.
3. Termination
3.1 Termination by Employee. Employee may terminate this Agreement at any time, provided Employee provides the City with at least thirty (30) days prior written notice. In the event Employee terminates this Agreement, Employee expressly agrees that Employee shall not be entitled to any severance pay.
3.2 Termination by the City. The City may terminate this Agreement at any time, with the affirmative vote of the majority of the City Council at a duly authorized meeting, with or without cause, by providing written notice to Employee of the same. The City’s right to terminate Employee pursuant to this Section 3.2 shall not be subject to , or in any way limited by, the City’s Personnel Rules and Regulations, or any subsequent related resolutions, or past City practices related to the employment, discipline or termination of the City’s employees.
Employee expressly waives any rights provided for the C ity Manager under the City’s Personnel Rules and Regulations, Municipal Code, or under other local, state or federal law to any other form of pre- or post- termination hearing, appeal, or other administrative process pertaining to termination. Nothing herein shall be construed to create a property interest, where one does not exist by rule of law, in the position of City Manager.
(a) Termination by the City for Cause. The City may terminate this Agreement at any time by providing Employee with prior written notice of the termination for cause and the facts and grounds constituting such cause. The term “cause” shall be defined to include any misconduct materially related to performance of official duties, including, but not be limited to, any of the following: (1) willful or persistent material breach of duties or inattention to duties, (2) résumé fraud or other acts of material dishonesty, (3) unauthorized or excessive absence or leave, (4) conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality) or abuse of position as C ity Manager, (5) conviction of a felony under California law, (6) violation by Employee of the City’s anti -harassment policies, as may be amended, or a finding a legally prohibited personal act of harassment against a City official or employee or legally prohibited personal act of discrimination against a City official or employee has occurred and Employee was aware or should have been aware of that act, (7) violation of state law or the RMC or any City ordinance, rule or regulation, (8) use or possession of illegal drugs in violation of state law and/or City policy, (9) continued abuse of non-prescription drugs or alcohol Redlands Regular Meeting of 09-17-24
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that materially affects the performance of required duties as C ity Manager, (10) engaging in conduct unbecoming for a public official or which brings disrepute to the City, (11) any illegal or unethical act involving personal gain, including conviction of theft or attempted theft, (12) Employee’s significant mismanagement of City finances, (13) any pattern of repeated, willful and intentional insubordination of the City Council, (14) gross misfeasance or gross malfeasance, (15) failure to comply with the ICMA Code of Ethics, as may be amended; or (16) any similar cause.
For any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid administrative leave until resolution . If the City terminates , for cause, this Agreement and the services of Employee hereunder, then the City shall have no obligation to pay Employee any severance pursuant to section 4, below.
(b) Termination by the City without Cause. The City may terminate Employee without cause, with no less than a sixty (60) day notice of intention to terminate his employment , unless such notice period is waived in whole or in part by the City Council , based upon any management reason such as implementing the City’s goals or policies, including, but not limited to: (i) change of administration, or ( ii) incompatibility of management styles , or for any other reason, or no publicly stated reason. In the event Employee is terminated without cause, Employee shall be compensated at full pay and benefits until the effective date of termination. If so requested by the City Council, Employee shall continue to use his best efforts and skills to perform his duties during this period and shall fully cooperate with any successor designated by the City Council.
Employee will qualify for severance pay according to Section 4.1 below. Employee expressly agrees Employee shall not be entitled to any severance pay as the result of the termination of this Agreement except as provided in Section 4.1 below.
4. Severance
4.1 Severance Pay. In the event Employee is terminated without cause and Employee does not challenge such termination, including, but not limited to, by means of appeal or civil or administrative claim or “ liberty-interest” hearing, then the City shall pay to Employee severance in an amount equal to twelve months Employee’s base salary then in effect .
Notwithstanding any other provision of this Section 4.1, if such proposed severance payment exceeds the amount authorized to be paid under Government Code Section 53260, then the amount paid to Employee shall be reduced in the amount necessary to comply with such statute. (Government Code Section 53260 provides all contracts of employment with a city must include a provision limiting the maximum cash settlement for the termination of the contract to the monthly salary (excluding benefits) multiplied by the number of months left on the unexpired term, but not more than eighteen (18) months if the unexpired term exceeds eighteen ( 18) months). The severance payment shall not include the monetary value of benefits during said time, but salary only.
4.2 No Severance Pay if Termination for Cause or Initiated by Employee. As provided in Subdivision 3.2(a), if Employee is terminated for cause, then the City shall have no obligation to pay the severance provided for in Section 4.1 above. As provided in Section 3.1, if Employee initiates termination of this Agreement, then the City shall have no obligation to pay the severance provided for in Section 4.1 above.
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4.3 Sole Rights. The severance rights provided in this Section 4 shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination, other than for cause or by expiration of this Agreement. Employee expressly waives any and all other rights with respect to severance pay except as provided herein.
5. Performance Evaluations
5.1. Purpose. The performance review and evaluation process set forth herein is intended to provide review and feedback to Employee so as to facilitate the effective management of the City. Nothing herein shall be deemed to alter or change the employment status of Employee as City Manager (as set forth in Section 1.6 above), nor shall this Section 5 be construed as requiring “cause” to terminate this Agreement, or the services of Employee hereunder.
5.2. Annual Evaluation. The City Council shall endeavor to conduct a formal or informal review and evaluate the performance of Employee on an annual basis within thirty (30) days before the anniversary date of the Effective Date of this Agreement in each year during the term hereof. Such performance review and evaluation may be conducted concurrently with an annual base salary review provided for in Section 2.2 hereof, and in accordance with the purpose noted in Section 5.1 above.
5.3. Establishment of Goals . The City Council will establish performance objectives and goals for Employee in connection with the initial evaluation, and each annual evaluation, of Employee pursuant to this S ection 5. Such objectives and goals shall be reasonably attainable within the time frame established by the City Council and within the City’s annual budget.
6. Benefits and Other Compensation
6.1 Professional Development. The City recognizes its obligation to the professional development of the City Manager and agrees Employee shall be given adequate opportunities to develop and maintain skills and abilities as the City Manager. Employee is expected and encouraged to and does agree to participate in professional organizations and to attend local and regional meetings and conferences related to matters of interest to the City consistent with the time required for such attendance in relationship to Employee’s other responsibilities as determined by the City Council. The City Council hereby agrees to budget an amount , to be determined in the exercise of its sole discretion , to pay the cost, travel and subsistence expense of Employee for professional and/or official travel, meetings, and occasions adequate to continue professional development of Employee and to adequately pursue necessary official functions for the City.
Employee shall be responsible for maintaining any professional certifications recognized as necessary or desir able in the performance of the duties hereunder. The City agrees to pay the annual professional dues and subscriptions necessary for full participation in national, regional, state, or local associations and organizations necessary and desirable for the be st interests of the City, and for Employee’s continued professional participation and advancement. To authorize the City’s annual costs related to Employee’s continued professional development, the anticipated costs must be included in the City’s adopted or amended annual budget. The City Council is the approval authority for the City’s annual budget. At a minimum, that may include any professional dues for membership with the I CMA, and the League of California Cities (LCC), as well as Redlands Regular Meeting of 09-17-24
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including travel expenses and registration for attendance at the annual ICMA conference, the annual LCC General Membership conference (LCC’s Annual Conference), the annual LCC City Manager Department conference, and the annual LCC New Mayor and Council Mem bers Academy.
6.2 Paid Annual Leave. Employee shall be entitled to paid annual leave (“Annual Leave”) at an accrual rate of sixteen and fifty-four one-hundredths (16.54) hours pro rata per pay period. Employee’s Annual Leave is inclusive of all other leave benefits including, but not limited to, sick leave, executive leave, and vacation. Upon separation, for any reason, Employee shall be entitled to one hundred percent (100%) of Employee’s unused Annual Leave balance then existing, at Employee’s then current hourly rate of pay, subject to normal and proper withholdings as determined by state and federal law, and shall be subject to payroll taxes, workers’ compensation, and other payroll-related liability costs in the same manner as other employees of the City. (a) Holiday Leave. Employee shall be granted the following fourteen (14 ) holidays: New Year’s Day, Martin Luther King Day, President's Day, Cesar Chavez Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Eve and Christmas Day. Employee may bank unused holidays for up to four months.
6.3 Health and Welfare Benefits. Employee shall be entitled to certain rights and privileges no less than all other benefits that are generally accorded to City Department Directors regarding health, welfare and benefits, as provided in the City Department Directors’ Memorandum of Understanding, and no less than as set forth in Exhibit “A” to this Agreement.
6.4 Retirement. Employee is believed to be a New Member/PEPRA, as defined by CalPERS and as mandated by the Public Employees’ Pension Reform Act of 2013. Employee will be classified in the City’s Tier II pension plan. Accordingly, E mployee shall be entitled to participate in the City’s CalPERS Retirement Program with the 2% at 62 formula.
6.5 Automobile. Employee shall receive Five Hundred Dollars ($500.00) per month as vehicle allowance to reimburse Employee for use of a personal vehicle in pursuit of recognized official duties. The allowance will be paid in the regular payroll process with Salary beginning with the first payroll paid subsequent to the Employee’s commencement date consistent with the payment method of allowances provided to other employees of the City. The allowance is subject to normal and proper withholdings as determined by state and federal law and shall be subject to payroll taxes and other payroll-related liability costs in the same manner as other employees of the City. Employee shall be responsible for any personal income tax that may result from that reimbursement.
6.6 Deferred Compensation. Employee is eligible to participate in the City’s 457(b) and 401(a) deferred compensation programs. Commencing January 2023, on or before the second payroll check date of each calendar year the City will contribute the maximum amount allowed under the law (including catchup provisions for employees 50 years or older) for that year to Employee’s 457(b) deferred compensation plan. Additionally, commencing January 2023, on or Redlands Regular Meeting of 09-17-24
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before the second payroll check date of each calendar year the City will also contribute the maximum amount allowed under the Public Employees’ Pension Reform Act for that year to Employee’s 401(a) deferred compensation plan in an amount equal to the result of the following formula: the difference between the Base Salary and the applicable pensionable compensation limit, pursuant to Government Code section 7522.10, but in no event higher than the Code 401(a)(17) limit, multiplied by the applicable employer normal cost rate for the City’s miscellaneous plan as determined by CalPERS and set forth in the annual actuarial valuation reports issued by CalPERS. This amount shall not be reported to CalPERS as pensionable compensation and shall not be subject to any withholdings or taxes in accordance with Sections 3121(a)(5)(A) and 3401(a)(12)(A) of the Internal Revenue Code. If at any time the City ceases to participate in either a 457(b) or 401(a) plan, or is otherwise unable to make the contribution, Employee’s salary will be adjusted to include the balance of the unmade contribution.
6.7 Bonding. The City shall bear the full cost of any fidelity or other bonds required for Employee under any law or City ordinance.
6.8 Flexible Spending Account. The City provides a Flexible Spending Account (FSA) program at Employee’s sole cost and expense (employee cost may be income tax deferred in accordance with IRS regulations). Expenses that may be reimbursed using the FSA program include childcare, medical expenses not covered by insurance plan, orthodontic work, and similar qualifying expenses.
6.9 Business Equipment. The City will provide to Employee any job- related personal tools or equipment, such as a computer, desk, land-line phone, file cabinets, table and chairs, that serve the professional development of Employee and/or is needed to perform Employee’s functions and duties. Upon termination, for any reason, Employee shall return all business equipment to the City no later than Employee’s last day of employment. The City shall provide a City-owned cell phone for City-related business and functions during, before and after normal work hours. The City shall pay for any expenses related to initial purchase, data plan, monthly service plan, insurance, and replacement due to normal wear and tear.
Employee shall follow the inventory control procedures for portable devices such as laptops and cell phones consistent with control procedures for other City employees. Employee may opt to receive a cellular telephone/smartphone stipend of $ 100 per month in lieu of device and service plan provided by City.
6.10 Additional compensation. The City Council may authorize and grant to Employee additional compensation and/or benefits in the future as may be deemed appropriate. Such additional compensation or benefits shall be made a part of this Agreement by written Amendment pursuant to Section 9.2 to be applied prospectively, unless City Council acts to provide otherwise.
7. Indemnification. To the extent mandated by the California Government Code, the City shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in t he performance of Employee’s services under this Agreement. This section shall not apply to any intentional tort or crime committed by Employee, to any action outside the course and scope of Redlands Regular Meeting of 09-17-24
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Employee’s employment, or any other intentional or malicious conduct or gross negligence of Employee.
8. Other Terms - Conditions of Employment . The City Council, in consultation with Employee, shall establish any such other terms and conditions of employment as it may determine from time to time, provided such terms and conditions do not exceed the maximum salary and benefits approved by the City Council and are reduced to writing and signed by Employee and the Mayor of the City.
9. General Provisions
9.1 Entire Agreement. This Agreement represents the entire Agreement and understanding between the Parties and as of the Effective Date of this Agreement amends and supersedes any and all other agreements and understandings, either oral or in writing, between the Parties with respect to Employee’s employment by the City and contains all of the covenants and agreements between the Parties with respect to such employment. No ordinances or resolutions of the City governing employment, including the Personnel System, shall apply unless specified herein. Each Party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either Party, or anyone acting on behalf of either Party, which are n ot embodied herein, and that no other agreement, statement or promises not contained in this Agreement shall be valid or binding upon either Party.
9.2 Amendment. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing, which amendment shall require City Council approval.
9.3 Notice. Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate addr ess set forth below, or such other address as a Party may provide notice in accordance with this section:
CITY: EMPLOYEE:
City Clerk Charles M. Duggan Jr.
City of Redlands Address on file with City
35 Cajon Street, Suite 200
PO Box 3005 (mailing)
Redlands, CA 92373
9.4 Conflicts Prohibited. During the term of this Agreement, Employee shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of E mployee’s duties under this Agreement. Employee shall comply with all requirements of law, including but not limited to, Sections 87100 et seq., Section 1090 and Section 1126 of the Government Code, and all other Redlands Regular Meeting of 09-17-24
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similar statutory and administrative rules.
9.5 Effect of Waiver. The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other Party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.
9.6 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
9.7 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the Effective D ate of this Agreement.
9.8 Government Code Sections 53243 - 53243.4. Government Code sections 53243 - 53243.4 sought to provide greater transparency in local government and institute certain limitations on compensation paid to local government executives. Those statutes require that contracts between local agencies and certain employees include provisions requiring an employee who is convicted of a crime involving an abuse of his office or position to provide reimbursement to the local agency. Those statutes are incorporated herein by reference.
Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable law as it exists as of the date of execution of this Agreement and as such laws may be amended from time to time thereafter. Specifically, th e following Government Code sections are called out and hereby incorporated by this Agreement:
Section 53243. Reimbursement of paid leave salary required upon conviction of crime involving office or position.
Section 53243.1. Reimbursement of legal criminal defense upon conviction of crime involving office or position.
Section 53243.2. Reimbursement of cash settlement upon conviction of crime involving office or position.
Section 53243.3. Reimbursement of non-contractual payments upon conviction or crime involving office or position.
Section 53243.4. “Abuse of office or position” defined.
Employee represents Employee has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to Employee, including that Employee agrees any cash settlement or severance related to a termination Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of Employee’s office or position.
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9.9 Independent Legal A dvice. The City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement, or had the opportunity to do so, and the City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the Party or its representatives who drafted it or who drafted any portion thereof.
9.10 Prohibition against Assignment. Neither this Agreement nor any right, privilege or obligation of Employee hereunder shall be assigned or transferred by him without the prior written consent of the City Council. Any attempt at assignment or transfer in violation of this subsection shall, in the sole discretion of and at the option of the City Council, be null and void and may be considered a material breach of this Agreement and “cause” for termination of this Agreement.
9.11 Severability . If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
IN WITNESS WHEREOF, the City of Redlands has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested by the City Clerk, and Employee has signed and executed this Agreement, all in triplicate.
CITY OF REDLANDS EMPLOYEE
By: ___________________________ By: ___________________________ Eddie Tejeda, Mayor Charles M. Duggan, Jr.
ATTEST:
By: ___________________________
Jeanne Donaldson, City Clerk
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Exhibit “A”
Additional Benefits
• Medical Insurance – City pays the entire monthly premium for employees and their eligible dependents through PERS Health
• Dental Insurance – City pays the entire monthly premium for employees and their eligible dependents
• Vision Insurance - City pays the entire monthly premium for employees and their eligible dependents
• $150 per year to offset medical insurance co-payments and/or deductibles
• Life Insurance - $25,000
• Accidental Death & Dismemberment Insurance - $25,000
• State Disability Insurance – Premium paid by Employee
• Credit Union
• Employee Assistance Program
• YMCA Membership – City will provide a paid annual membership for Employee to the Redlands YMCA.
• Retiree Health – upon retirement from the City and CalPERS, Employee will be eligible for medical coverage as provided through CalPERS. The City will contribute $397 per month towards the medical premium.
• Tuition Reimbursement - $2500 per year reimbursement for courses successfully taken at an accredited institution.
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1 CITY OF REDLANDS
AMENDED AND RESTATED CITY MANAGER EMPLOYMENT AGREEMENT
This Amended and Restated City Manager Employment Agreement (this “Agreement”) is made and entered into the 17th5th day of September July , 202 43 (“Effective Date”) by and between the City of Redlands, a general law city and municipal corporation (“City”) and Charles M. Duggan Jr., an individual (“Employee”). For purposes of this Agreement, City and Employee are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”
RECITALS
WHEREAS, Employee has dutifully served as City Manager since January 2020; and
WHEREAS, it is the desire of City to continue to retain the services of Employee as City Manager and the desire of the Employee to serve in that capacity; and
WHEREAS, Government Code section 34852 provides that an ordinance establishing a city manager form of government shall define the powers and duties of the city manager; and
WHEREAS, the duties of the city manager of the City are set forth in full in Chapter 2.04 of the Redlands Municipal Code (”RMC”); and
WHEREAS, RMC section 2.04.010 states: “The City Manager shall be appointed by the City Council solely on the basis of his executive and administrative qualifications and ability, and shall hold office at and during the pleasure of the City Council;” and
WHEREAS, it is the desire of City to: (1) provide inducement for Employee to remain in City’s employment; (2) make possible full work productivity by providing Employee with assurances regarding his employment; and (3) provide an equitable process for terminating Employee’s services if that should occur; and
WHEREAS, the City Council of the City of Redlands (“City Council”) has determined that Employee has the required executive and administrative qualifications and ability, along with the level of education, experience, skills and expertise to serve as the City Manager of the City; and
WHEREAS, it is the desire of the City Council to amend and restate the terms and conditions of the Agreement.
NOW, THEREFORE, for and in consideration of the mutual promises contained herein, the Parties agree as follows:
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2 AGREEMENT
1. Employment and Duties
1.1 Duties. The City Council hereby appoints Employee as the City Manager for the City to perform the functions and duties of that position, as described in the California Government Code and Chapter 2.04 of the Redlands Municipal Code (as such Chapter may be amended from time to time in the sole discretion of the City Council without any amendment of this Agreement or Employee’s acquiescence), and such other legally permissible and proper duties and functions as the City Council shall, from time to time, direct or assign to Employee. Employee agrees to perform all such functions and duties to the best of his ability and in an efficient, competent, and ethical manner.
1.2 Term. The City hereby employs Employee as City Manager on an at-will basis remaining in effect until January 31, 20286.
1.3 Work Schedule. Employee will report to the entire City Council. It is recognized that Employee is expected to engage in the hours of work that are necessary to fulfill the obligations of the position of City Manager, must be available at all times and devote significant time outside of “normal” City office hours to the business of the City. Employee acknowledges that proper performance of the duties of the City Manager will require Employee to generally observe normal business hours (currently 7:30 a.m. to 5:30 p.m., Monday through Friday in accordance with City’s “9/80” work schedule), as set by the City and as may be duly revised from time-to-time by the City, and will also often require the performance of necessary services outside of normal business hours. Employee may bank Fridays worked while City Hall is closed for up to four months. Employee is pre-authorized to work remotely, for periods of time not exceeding two- weeks, four times each year. Employee’s compensation (whether salary or benefits) is not based on hours worked. Furthermore, the City Manager position remains an “exempt” classification under the overtime provisions of the federal Fair Labor Standards Act (“FLSA”) and Employee shall not be entitled to any compensation for overtime, nor subject to such overtime provisions of the FLSA.
1.4 Other Activities. Employee shall focus his professional time, ability, and attention to the City’s business during the term of this Agreement. Employee shall not engage, without the express prior written consent of the City Council, in any other business duties or pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or professional nature, to any other person or organization, whether for compensation or otherwise, that is or may be competitive with the City, that might cause a conflict-of-interest with the City, or that otherwise might interfere with the business or operation of the City or the satisfactory performance of the functions and duties of the City Manager.
1.5 Employment Status. Employee shall serve at the will and pleasure of the City Council and understands he shall continue to be an “at-will” employee and shall be subject to summary dismissal without any right of notice or hearing, including any so-called due process pre- disciplinary “Skelly” hearing. The City may terminate Employee at any time in accordance with Section 3.2 below.
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3 1.6 Exemption from Personnel System. Redlands Municipal Code section 2.56.030 expressly exempts the “City Manager” position from the City’s Personnel System established in Redlands Municipal Code Chapter 2.56. Employee understands, acknowledges and agrees that Employee is exempt from the City’s Personnel System.
1.7 City Documents. All data, studies, reports and other documents prepared by Employee while performing his duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee to the extent permitted by applicable law, except as may be required by any governmental agency or court of competent jurisdiction. Such materials shall not be used by Employee, without the prior written consent of the City Council, for any purposes other than the performance of Employee’s duties. Additionally, no such materials may be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by (a) law, (b) any governmental agency, (c) subpoena, or (d) an order issued by a court of competent jurisdiction.
1.8 ICMA Code of Ethics. The Parties mutually desire for Employee to be subject to and comply with the International City/County Management Association (“ICMA”) Code of Ethics, and Employee commits to comply with the ICMA Code of Ethics. The City and the City Council agree that the City Council will not require that Employee violate the ICMA Code of Ethics as part of his employment with the City.
2. Compensation and Reimbursement
2.1 Current Base Salary. Beginning with the pay period to be paid on January 15, 2025, Eemployee shall receive Two Hundred Eighty Thousand Dollars ($280,000) Three Hundred Twenty Thousand Dollars (320,000) as his annual base salary (“Salary”) for the City Manager position. Employee’s Salary shall be paid on a pro-rated basis bi-weekly at the same time as other employees of the City are paid, and shall be subject to normal and proper withholdings as determined by state and federal law, and as determined appropriate by the City Council, and shall be subject to payroll taxes, workers’ compensation, and other payroll-related liability costs. Effective the first payroll period following July 1, 2025, Employee will receive a one percent (1%) increase to his Salary over the prior year.
a. Effective the first payroll period following July 1, 2023, Employee will receive a seven percent (7%) increase to his Salary.
b. Effective the first payroll period following July 1, 2024, Employee will receive a two percent (2%) increase to his Salary over the prior year. c. Effective the first payroll period following July 1, 2023, Employee will receive a two percent (2%) increase to his Salary over the prior year.
2.2 Salary Adjustment. Following the annual performance evaluation set forth in Redlands Regular Meeting of 09-17-24
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4 Section 5.2 hereof, the City Council may increase Employee’s base salary and benefits package based on the results of those annual reviews. Any adjustments in the base salary and/or benefits following the annual performance evaluation under Section 5.2 are not automatic and instead shall be at the sole discretion of the City Council.
2.3 Incentive Bonus. Annually, beginning in August 2023, Employee may be eligible for a lump-sum incentive bonus, at the sole discretion of the City Council, for performance substantially above expectations. The City Council willmay establish criteria as the basis for any bonus that may be awarded and such criteria will be delivered in writing to Employee before December 31 of each year. Employee and City agree that the City Council is not obligated to grant an incentive bonus and that no assurances have been given to Employee that any incentive bonus will be granted during the term of this Agreement.
2.4 Business Expense Reimbursements. The City shall reimburse Employee for reasonable and necessary travel, subsistence, and other City- r e l a t e d business expenses incurred by Employee in the performance of his duties. All reimbursements shall be subject to and in accordance with California law, the City’s adopted policies, and IRS rules for reporting compensation through payroll or reimbursement through accounts payable.
3. Termination
3.1 Termination by Employee. Employee may terminate this Agreement at any time, provided Employee provides the City with at least thirty (30) days prior written notice. In the event Employee terminates this Agreement, Employee expressly agrees that Employee shall not be entitled to any severance pay.
3.2 Termination by the City. The City may terminate this Agreement at any time, with the affirmative vote of the majority of the City Council at a duly authorized meeting, with or without cause, by providing written notice to Employee of the same. The City’s right to terminate Employee pursuant to this Section 3.2 shall not be subject to, or in any way limited by, the City’s Personnel Rules and Regulations, or any subsequent related resolutions, or past City practices related to the employment, discipline or termination of the City’s employees.
Employee expressly waives any rights provided for the City Manager under the City’s Personnel Rules and Regulations, Municipal Code, or under other local, state or federal law to any other form of pre- or post-termination hearing, appeal, or other administrative process pertaining to termination. Nothing herein shall be construed to create a property interest, where one does not exist by rule of law, in the position of City Manager.
(a) Termination by the City for Cause. The City may terminate this Agreement at any time by providing Employee with prior written notice of the termination for cause and the facts and grounds constituting such cause. The term “cause” shall be defined to include any misconduct materially related to performance of official duties, including, but not be limited to, any of the following: (1) willful or persistent material breach of duties or inattention to duties, (2) résumé fraud or other acts of material dishonesty, (3) unauthorized or excessive absence or leave, (4) conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, Redlands Regular Meeting of 09-17-24
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5 honesty, or morality) or abuse of position as City Manager, (5) conviction of a felony under California law, (6) violation by Employee of the City’s anti-harassment policies, as may be amended, or a finding a legally prohibited personal act of harassment against a City official or employee or legally prohibited personal act of discrimination against a City official or employee has occurred and Employee was aware or should have been aware of that act, (7) violation of state law or the RMC or any City ordinance, rule or regulation, (8) use or possession of illegal drugs in violation of state law and/or City policy, (9) continued abuse of non-prescription drugs or alcohol that materially affects the performance of required duties as City Manager, (10) engaging in conduct unbecoming for a public official or which brings disrepute to the City, (11) any illegal or unethical act involving personal gain, including conviction of theft or attempted theft, (12) Employee’s significant mismanagement of City finances, (13) any pattern of repeated, willful and intentional insubordination of the City Council, (14) gross misfeasance or gross malfeasance, (15) failure to comply with the ICMA Code of Ethics, as may be amended; or (16) any similar cause.
For any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid administrative leave until resolution. If the City terminates, for cause, this Agreement and the services of Employee hereunder, then the City shall have no obligation to pay Employee any severance pursuant to section 4, below.
(b) Termination by the City without Cause. The City may terminate Employee without cause, with no less than a sixty (60) day notice of intention to terminate his employment, unless such notice period is waived in whole or in part by the City Council, based upon any management reason such as implementing the City’s goals or policies, including, but not limited to: (i) change of administration, or (ii) incompatibility of management styles, or for any other reason, or no publicly stated reason. In the event Employee is terminated without cause, Employee shall be compensated at full pay and benefits until the effective date of termination. If so requested by the City Council, Employee shall continue to use his best efforts and skills to perform his duties during this period and shall fully cooperate with any successor designated by the City Council.
Employee will qualify for severance pay according to Section 4.1 below. Employee expressly agrees Employee shall not be entitled to any severance pay as the result of the termination of this Agreement except as provided in Section 4.1 below.
4. Severance
4.1 Severance Pay. In the event Employee is terminated without cause and Employee does not challenge such termination, including, but not limited to, by means of appeal or civil or administrative claim or “liberty-interest” hearing, then the City shall pay to Employee severance in an amount equal to twelve months Employee’s base salary then in effect.
Notwithstanding any other provision of this Section 4.1, if such proposed severance payment exceeds the amount authorized to be paid under Government Code Section 53260, then the amount paid to Employee shall be reduced in the amount necessary to comply with such statute. (Government Code Section 53260 provides all contracts of employment with a city must include a provision limiting the maximum cash settlement for the termination of the contract to the monthly salary (excluding benefits) multiplied by the number of months left on the unexpired term, but not more than eighteen (18) months if the unexpired term exceeds eighteen (18) months). The severance payment shall not include the monetary value of benefits during said time, but salary only.
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6 4.2 No Severance Pay if Termination for Cause or Initiated by Employee. As provided in Subdivision 3.2(a), if Employee is terminated for cause, then the City shall have no obligation to pay the severance provided for in Section 4.1 above. As provided in Section 3.1, if Employee initiates termination of this Agreement, then the City shall have no obligation to pay the severance provided for in Section 4.1 above.
4.3 Sole Rights. The severance rights provided in this Section 4 shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination, other than for cause or by expiration of this Agreement. Employee expressly waives any and all other rights with respect to severance pay except as provided herein.
5. Performance Evaluations
5.1. Purpose. The performance review and evaluation process set forth herein is intended to provide review and feedback to Employee so as to facilitate the effective management of the City. Nothing herein shall be deemed to alter or change the employment status of Employee as City Manager (as set forth in Section 1.6 above), nor shall this Section 5 be construed as requiring “cause” to terminate this Agreement, or the services of Employee hereunder.
5.2. Annual Evaluation. The City Council shall endeavor to conduct a formal or informal review and evaluate the performance of Employee on an annual basis within thirty (30) days before the anniversary date of the Effective Date of this Agreement in each year during the term hereof. Such performance review and evaluation may be conducted concurrently with an annual base salary review provided for in Section 2.2 hereof, and in accordance with the purpose noted in Section 5.1 above.
5.3. Establishment of Goals. The City Council will establish performance objectives and goals for Employee in connection with the initial evaluation, and each annual evaluation, of Employee pursuant to this Section 5. Such objectives and goals shall be reasonably attainable within the time frame established by the City Council and within the City’s annual budget.
6. Benefits and Other Compensation
6.1 Professional Development. The City recognizes its obligation to the professional development of the City Manager and agrees Employee shall be given adequate opportunities to develop and maintain skills and abilities as the City Manager. Employee is expected and encouraged to and does agree to participate in professional organizations and to attend local and regional meetings and conferences related to matters of interest to the City consistent with the time required for such attendance in relationship to Employee’s other responsibilities as determined by the City Council. The City Council hereby agrees to budget an amount, to be determined in the exercise of its sole discretion, to pay the cost, travel and subsistence expense of Employee for professional and/or official travel, meetings, and occasions adequate to continue professional development of Employee and to adequately pursue necessary official functions for the City.
Employee shall be responsible for maintaining any professional certifications recognized as necessary or desirable in the performance of the duties hereunder. The City agrees to pay the Redlands Regular Meeting of 09-17-24
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7 annual professional dues and subscriptions necessary for full participation in national, regional, state, or local associations and organizations necessary and desirable for the best interests of the City, and for Employee’s continued professional participation and advancement. To authorize the City’s annual costs related to Employee’s continued professional development, the anticipated costs must be included in the City’s adopted or amended annual budget. The City Council is the approval authority for the City’s annual budget. At a minimum, that may include any professional dues for membership with the ICMA, and the League of California Cities (LCC), as well as including travel expenses and registration for attendance at the annual ICMA conference, the annual LCC General Membership conference (LCC’s Annual Conference), the annual LCC City Manager Department conference, and the annual LCC New Mayor and Council Members Academy.
6.2 Paid Annual Leave. Employee shall be entitled to paid annual leave (“Annual Leave”) at an accrual rate of sixteen and fifty-four one-hundredths (16.54) hours pro rata per pay period. Employee’s Annual Leave is inclusive of all other leave benefits including, but not limited to, sick leave, executive leave, and vacation. Upon separation, for any reason, Employee shall be entitled to one hundred percent (100%) of Employee’s unused Annual Leave balance then existing, at Employee’s then current hourly rate of pay, subject to normal and proper withholdings as determined by state and federal law, and shall be subject to payroll taxes, workers’ compensation, and other payroll-related liability costs in the same manner as other employees of the City. (a) Holiday Leave. Employee shall be granted the following fourteen (14) holidays: New Year’s Day, Martin Luther King Day, President's Day, Cesar Chavez Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Eve and Christmas Day. Employee may bank unused holidays for up to four months.
6.3 Health and Welfare Benefits. Employee shall be entitled to certain rights and privileges no less than all other benefits that are generally accorded to City Department Directors regarding health, welfare and benefits, as provided in the City Department Directors’ Memorandum of Understanding, and no less than as set forth in Exhibit “A” to this Agreement.
6.4 Retirement. Employee is believed to be a New Member/PEPRA, as defined by CalPERS and as mandated by the Public Employees’ Pension Reform Act of 2013. Employee will be classified in the City’s Tier II pension plan. Accordingly, Employee shall be entitled to participate in the City’s CalPERS Retirement Program with the 2% at 62 formula.
6.5 Automobile. Employee shall receive Five Hundred Dollars ($500.00) per month as vehicle allowance to reimburse Employee for use of a personal vehicle in pursuit of recognized official duties. The allowance will be paid in the regular payroll process with Salary beginning with the first payroll paid subsequent to the Employee’s commencement date consistent with the payment method of allowances provided to other employees of the City. The allowance is subject to normal and proper withholdings as determined by state and federal law and shall be subject to payroll taxes and other payroll-related liability costs in the same manner as other employees of the City. Employee shall be responsible for any personal income tax Redlands Regular Meeting of 09-17-24
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8 that may result from that reimbursement.
6.6 Deferred Compensation. Employee is eligible to participate in the City’s 457(b) and 401(a) deferred compensation programs. Commencing January 2023, on or before the second payroll check date of each calendar year the City will contribute the maximum amount allowed under the law (including catchup provisions for employees 50 years or older) for that year to Employee’s 457(b) deferred compensation plan. Additionally, commencing January 2023, on or before the second payroll check date of each calendar year the City will also contribute the maximum amount allowed under the Public Employees’ Pension Reform Act for that year to Employee’s 401(a) deferred compensation plan in an amount equal to the result of the following formula: the difference between the Base Salary and the applicable pensionable compensation limit, pursuant to Government Code section 7522.10, but in no event higher than the Code 401(a)(17) limit, multiplied by the applicable employer normal cost rate for the City’s miscellaneous plan as determined by CalPERS and set forth in the annual actuarial valuation reports issued by CalPERS. This amount shall not be reported to CalPERS as pensionable compensation and shall not be subject to any withholdings or taxes in accordance with Sections 3121(a)(5)(A) and 3401(a)(12)(A) of the Internal Revenue Code. If at any time the City ceases to participate in either a 457(b) or 401(a) plan, or is otherwise unable to make the contribution, Employee’s salary will be adjusted to include the balance of the unmade contribution.
6.7 Bonding. The City shall bear the full cost of any fidelity or other bonds required for Employee under any law or City ordinance.
6.8 Flexible Spending Account. The City provides a Flexible Spending Account (FSA) program at Employee’s sole cost and expense (employee cost may be income tax deferred in accordance with IRS regulations). Expenses that may be reimbursed using the FSA program include childcare, medical expenses not covered by insurance plan, orthodontic work, and similar qualifying expenses.
6.9 Business Equipment. The City will provide to Employee any job-related personal tools or equipment, such as a computer, desk, land-line phone, file cabinets, table and chairs, that serve the professional development of Employee and/or is needed to perform Employee’s functions and duties. Upon termination, for any reason, Employee shall return all business equipment to t h e City no later than Employee’s last day of employment. The City shall provide a City-owned cell phone for City-related business and functions during, before and after normal work hours. The City shall pay for any expenses related to initial purchase, data plan, monthly service plan, insurance, and replacement due to normal wear and tear.
Employee shall follow the inventory control procedures for portable devices such as laptops and cell phones consistent with control procedures for other City employees. Employee may opt to receive a cellular telephone/smartphone stipend of $100 per month in lieu of device and service plan provided by City.
6.10 Additional compensation. The City Council may authorize and grant to Employee additional compensation and/or benefits in the future as may be deemed appropriate. Such additional compensation or benefits shall be made a part of this Agreement by written Amendment pursuant to Section 9.2 to be applied prospectively, unless City Council acts to Redlands Regular Meeting of 09-17-24
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9 provide otherwise.
7. Indemnification. To the extent mandated by the California Government Code, the City shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of Employee’s services under this Agreement. This section shall not apply to any intentional tort or crime committed by Employee, to any action outside the course and scope of Employee’s employment, or any other intentional or malicious conduct or gross negligence of Employee.
8. Other Terms - Conditions of Employment. The City Council, in consultation with Employee, shall establish any such other terms and conditions of employment as it may determine from time to time, provided such terms and conditions do not exceed the maximum salary and benefits approved by the City Council and are reduced to writing and signed by Employee and the Mayor of the City.
9. General Provisions
9.1 Entire Agreement. This Agreement represents the entire Agreement and understanding between the Parties and as of the Effective Date of this Agreement amends and supersedes any and all other agreements and understandings, either oral or in writing, between the Parties with respect to Employee’s employment by the City and contains all of the covenants and agreements between the Parties with respect to such employment. No ordinances or resolutions of the City governing employment, including the Personnel System, shall apply unless specified herein. Each Party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either Party, or anyone acting on behalf of either Party, which are not embodied herein, and that no other agreement, statement or promises not contained in this Agreement shall be valid or binding upon either Party.
9.2 Amendment. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing, which amendment shall require City Council approval.
9.3 Notice. Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:
CITY: EMPLOYEE:
City Clerk Charles M. Duggan Jr.
City of Redlands Address on file with City
35 Cajon Street, Suite 200
PO Box 3005 (mailing)
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10 Redlands, CA 92373
9.4 Conflicts Prohibited. During the term of this Agreement, Employee shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee’s duties under this Agreement. Employee shall comply with all requirements of law, including but not limited to, Sections 87100 et seq., Section 1090 and Section 1126 of the Government Code, and all other similar statutory and administrative rules.
9.5 Effect of Waiver. The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other Party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.
9.6 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
9.7 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the Effective Date of this Agreement.
9.8 Government Code Sections 53243 - 53243.4. Government Code sections 53243 - 53243.4 sought to provide greater transparency in local government and institute certain limitations on compensation paid to local government executives. Those statutes require that contracts between local agencies and certain employees include provisions requiring an employee who is convicted of a crime involving an abuse of his office or position to provide reimbursement to the local agency. Those statutes are incorporated herein by reference.
Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable law as it exists as of the date of execution of this Agreement and as such laws may be amended from time to time thereafter. Specifically, the following Government Code sections are called out and hereby incorporated by this Agreement:
Section 53243. Reimbursement of paid leave salary required upon conviction of crime involving office or position.
Section 53243.1. Reimbursement of legal criminal defense upon conviction of crime involving office or position.
Section 53243.2. Reimbursement of cash settlement upon conviction of crime involving office or position.
Section 53243.3. Reimbursement of non-contractual payments upon conviction or crime involving office or position.
Section 53243.4. “Abuse of office or position” defined.
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11 Employee represents Employee has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to Employee, including that Employee agrees any cash settlement or severance related to a termination Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of Employee’s office or position.
9.9 Independent Legal Advice. The City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement, or had the opportunity to do so, and the City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the Party or its representatives who drafted it or who drafted any portion thereof.
9.10 Prohibition against Assignment. Neither this Agreement nor any right, privilege or obligation of Employee hereunder shall be assigned or transferred by him without the prior written consent of the City Council. Any attempt at assignment or transfer in violation of this subsection shall, in the sole discretion of and at the option of the City Council, be null and void and may be considered a material breach of this Agreement and “cause” for termination of this Agreement.
9.11 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
IN WITNESS WHEREOF, the City of Redlands has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested by the City Clerk, and Employee has signed and executed this Agreement, all in triplicate.
CITY OF REDLANDS EMPLOYEE
By: ___________________________ By: ___________________________ Eddie Tejeda, Mayor Charles M. Duggan, Jr.
ATTEST:
By: ___________________________
Jeanne Donaldson, City Clerk
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12 Exhibit “A”
Additional Benefits
• Medical Insurance – City pays the entire monthly premium for employees and their eligible dependents through PERS Health
• Dental Insurance – City pays the entire monthly premium for employees and their eligible dependents
• Vision Insurance - City pays the entire monthly premium for employees and their eligible dependents
• $150 per year to offset medical insurance co-payments and/or deductibles
• Life Insurance - $25,000
• Accidental Death & Dismemberment Insurance - $25,000
• State Disability Insurance – Premium paid by Employee
• Credit Union
• Employee Assistance Program
• YMCA Membership – City will provide a paid annual membership for Employee to the Redlands YMCA.
• Retiree Health – upon retirement from the City and CalPERS, Employee will be eligible for medical coverage as provided through CalPERS. The City will contribute $397 per month towards the medical premium.
• Tuition Reimbursement - $2500 per year reimbursement for courses successfully taken at an accredited institution.
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City Council/Financing Authority Meeting K. 2.
DATE: 09/17/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of the City of Redlands branding concept and design packet (Assistant City Manager McConnell)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:
I move to approve the City of Redlands branding concept and design packet.
RECOMMENDATION:
Staff recommends the approval of the City of Redlands branding concept and design packet.
DISCUSSION:
In November 2023, the City Council approved a contract with Pastilla, Inc. to create a new brand identity for the city. This branding effort was intended to embody Redlands' unique characteristics, strengths, and identity and to clearly identify and differentiate Redlands and its inimitable assets, culture, environment, and location within Southern California and California as a whole.
The goal of the branding effort was to create an effective and professional brand, giving Redlands a strong and easily identifiable presence in media, marketing, and economic development endeavors.
Since last November, Pastilla has performed extensive research into the history of Redlands, as well as reviewed previous logos and taglines from the city's past. Additionally, Pastilla conducted 1:1 interviews and a focus group with stakeholders in the community. Finally, Pastilla posted an online survey that was available to the public for two months in the early part of 2024 and received 422 individual responses from members of the community. The logo design and concept that is being presented tonight is the culmination of that research and Redlands Regular Meeting of 09-17-24
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concept that is being presented tonight is the culmination of that research and input from the community.
Should the Council approve the City Branding at tonight's meeting, Pastilla will begin the finalization of the branding effort. This finalization will include the development of city letterhead, business cards, email signatures and social media templates with the branding colors, wordmarks, fonts and insignias.
Additionally, Pastilla will formalize the brand implementation guide which will outline the standards and rules for the use of the brand by city staff. Lastly, following approval, implementation may include elements such as wayfinding signs, tourism outreach and economic development efforts.
ALTERNATIVES:
City Council could opt not to approve City Branding.
STRATEGIC PLAN:
Priority C. Strategic Objective 1 - Communication and Engagement SUBMITTED BY:
Janice McConnell, Assistant City Manager
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Ross Wittman, Economic Development Coordinator
Fiscal Impact
Discussion:
There is no fiscal impact associated with the approval of the adoption of City Branding.
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City Council/Financing Authority Meeting K. 3.
DATE: 09/17/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of the 2024-2025 Community Development Block Grant (CDBG) in the amount of $331,417 from the County of San Bernardino, approve an additional appropriation of the same, and adopt Resolution No. 8625 authorizing the City Manager, or designee, to execute the Grant Agreement and all other related documents (Development Services Director Desatnik)
MOTION(S):
If the City Council determines that staff's recommendations are appropriate, the following motions are provided:
I move that the City Council accept the 2024-2025 Community Development Block Grant funding award in the amount of $331,417; and
1. Authorize an additional appropriation of $331,417 for the 2024-2025 CDBG fiscal year; and
2. I further move to adopt Resolution No. 8625 authorizing the City Manager, or designee, to execute agreements, amendments and other related documents associated with the 2024-2025 CDBG Program Year.
3. RECOMMENDATION:
Staff recommends that the City Council accept the grant award for the 2024-2025 CDBG Program Year from the County of San Bernardino in the amount of $331,417 and adopt Resolution No. 8625 authorizing the City Manager, or designee, to execute agreements, amendments and other related documents associated with the 2024-2025 CDBG Program Year.
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DISCUSSION:
In February 2024, the Development Services Department (Department) submitted the 2024-2025 CDBG Program Year grant funding request on behalf of the City of Redlands (City) to the County of San Bernardino (County) for the amount of $334,141. In March 2024, the County submitted the 2024-2025 Annual Action Plan Consolidated Submission for HUD Housing and Community Development Grants to the Department of Housing and Urban Development (HUD). On July 23, 2024, the City was notified of the final 2024-2025 CDBG final funding award for eight total projects that were approved by City Council on February 6, 2024 (Item No. K.1.) of which seven projects are public service agencies and one is a Capital Improvement Project (CIP). The final award and amounts are as follows:
Final Approved Projects/Programs Award
Amount
Redlands Senior Center Kitchen Rehabilitation $282,257
FSA of Redlands - Housing and Food Program $7,500
Boys and Girls Club - Family Strengthening Program $7,500 YMCA of the East Valley - Legal Services $7,500
The Nowell Family Foundation - Bradley House Project $7,500 Partners Against Violence - Supportive Services for Victims of Violence
$7,500
The Blessing Center - Transitional Housing $7,500
Citrus Counseling Services - Mental Health Services $4,160 Resolution No. 8625 authorizes the City Manager, or designee, to execute the agreements, any amendments and other related documents associated with the 2024-2025 CDBG Program Year grant funding.
ALTERNATIVES:
City Council may elect not to approve these actions. However, electing not to approve these actions may result in a loss or reduction of CDBG funding and impacts on existing and future CDBG projects.
STRATEGIC PLAN:
Not applicable.
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SUBMITTED BY:
Brian Desatnik, Development Services Director
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Christopher Boatman, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Tricia Munoz, Development Services/Management Analyst
Fiscal Impact
Fiscal Year: 2024-2025
Revenue Generating: No
Appropriation Required Y/N: Yes
Amount: $331,417
Budgeted Y/N: No
Account No.: 200164
Discussion:
Acceptance of this award will increase the FY 2024-2025 appropriation for Planning Grants (200164) by $331,417. Approval of this item has no impact on the General Fund.
Attachments
2024-2025 CDBG Program Funding Request Form_02.07.2023
Resolution for 2024-2025 CDBG Program Year
2024-2025 Award Notification
Approved CBO Project List
Request for Add'l Appropriation
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RESOLUTION NO. 8625
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
AUTHORIZING THE GRANT ACCEPTANCE AND EXECUTION OF THE
GRANT FUNDS FROM THE COUNTY OF SAN BERNARDINO COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE 2024-2025 PROGRAM YEAR
WHEREAS, the City of Redlands (“City”) is eligible to receive federal funding for certain community development block grants, through the County of San Bernardino Community Development and Housing Department (“County”); and
WHEREAS, the City is a participating jurisdiction in the San Bernardino County Final 2024-2025 Annual Action Plan of the 2020 -2025 Consolidated Plan of the HUD Housing and Community Development Grant Programs; and
WHEREAS, the County issued a Notice of Funding Availability (“NOFA”) dated October 19, 2023, for the 2024-2025 Community Development Block Grant Program Year (“CDBG”); and
WHEREAS, the County has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and
WHEREAS, the City Council of the City of Redlands (this “City Council”) desires to execute agreements with Public Services Agencies (PSAs) who submitted applications for 2024- 2025 CDBG Program Year to provide public services as described in the 202 4-2025 CDBG NOFA; and
WHEREAS, the City has been granted to receive a CDBG grant award of $331,417;” and
WHEREAS, this City Council wishes to delegate authorization to execute the grant agreement, subrecipient agreements, any amendments, and other related documents thereto to the City Manager or his designee; and
WHEREAS, the City has the legal authority and is authorized to enter into a funding agreement with the County of San Bernardino; and
NOW, THEREFORE, BE IT RESOLVED by the City of Redlands , with acknowledgement of Development Services, as follows:
Section 1. The above recitals are true and correct and are incorporated herein by this reference.
Section 2. Pursuant and subject to all the terms and provisions of the County of San Bernardino Community Development Block Grant Program , the City Manager of the City of Redlands, or designee is hereby authorized and directed t o accept funding from the County of San Bernardino and take such other actions necessary to receive and administer the grant funding.
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Section 3. The City Manager of the City of Redlands, or designee is hereby authorized and directed to execute the funding agreement s, any amendments, and other related documents thereto with the County of San Bernardino and subrecipients of the program funding.
Section 4. The City Manager of the City of Redlands, or designee is hereby authorized and directed to submit any required documents, funding requests, and reports required for the grant funding.
Section 5. The City Manager of the City of Redlands , or designee, is designated to represent the City in carrying out the responsibilities under the grant agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws.
Section 6. The City certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, the California Labor Code, disabled access laws, and, that prior to commencement of the project, all applicable permits will have been obtained.
Section 7. Applicant acknowledges and agrees that it shall be subject to the terms and conditions specified in the Agreement, and that the NOF A and Application are incorporated in the Agreement by reference and made a part thereof. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Agreement. Funds are to be used for the allowable expenditures and activities identified in the Agreement.
Section 8. Effective Date. This Resolution shall become effective immediately
ADOPTED, SIGNED AND APPROVED this 3rd day of September 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 No. 8625 was duly adopted by the City Council at a regular meeting thereof held on the 3rd day of September 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Jeanne Donaldson, City Clerk
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Application # MUNIS Project No. Project Title Award
Amount Applicant
REDL24PS-004 F164007 Redlands: Housing and Food Program - FSA of Redlands $7,500.00 Kyra Stewart, Executive Director
612 Lawton Street
Redlands, CA 92374
[email protected]
909-793-2673
REDL24PS-057 F164003 Redlands: Family Strengthening Program - Boys and Girls Club $7,500.00 Brandy A. Weber, Resource Development Manager
Boys & Girls Club of Greater Redlands - Riverside
1251 Clay St.
Redlands, CA, 92374
[email protected]
909-798-4599
REDL24PS-047 F164007 Redlands: Legal Services - YMCA of the East Valley - $7,500.00 Darwin Barnett, Chief Executive Officer
YMCA of the East Valley
500 E. Citrus Avenue
Redlands, CA 92373
[email protected]
909-798-9622 ext. 7107
REDL24PS-056 Redlands: Mental Health Services - Citrus Counseling Services - $4,160.00 Roger Uminski, Chief Executive Officer
Citrus Counseling Services
101 E. Redlands Blvd. Ste. 215
Redlands, CA 92373
[email protected]
909-748-5416
REDL24PS-039 Redlands: Bradley’s House Project -The Nowell Family Foundation $7,500.00 Kellie Nowell, Chief Financial Officer
The Nowell Family Foundation, Inc.
5574 East Bayshore Walk
Long Beach, CA 90803
[email protected]
714-726-6103
REDL24PS-030 F164004 Redlands: Supportive Services for Victims of Violence - PAV $7,500.00 Michelle Cates, Executive Director
Partners Against Violence
444 N. Arrowhead Ave, Ste. 101
San Bernardino, CA 92401
[email protected]
909-885-8884
REDL24PS-041 F164051 Redlands: Transitional Housing - The Blessing Center $7,500.00 Ariana Avila, Sr. Funding and Project Coordinator
The Blessing Center, Inc.
1255 W Colton Ave
Redlands, CA 92374
[email protected]
909-520-6834
$49,160.00
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City Council/Financing Authority Meeting K. 4.
DATE: 09/17/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a Public Works Contract with C.R. Contracting LLC for the Runway and Apron Pavement Treatment Project in an amount not-to-exceed $616,499, approve an additional
appropriation in the amount of $678,094, and determination that the Project is categorically exempt from environmental review pursuant to Section 15301 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 approval of the contract and construction of the Runway and Apron Pavement Treatment Project is categorically exempt from environmental review in accordance with Section 15301 of the State’s guidelines implementing the California Environmental Quality Act; and
1. I move that the City Council approve an additional appropriation in the amount of $678,094 from the Airport Projects and Grants fund; and
2. I move that the City Council approve the Runway and Apron Pavement Treatment Project Plans and Specifications, and award a construction contract to C.R. Contracting for an amount not-to-exceed $616,499.
3. RECOMMENDATION:
Staff recommends City Council determine approval of a contract and construction of the Runway and Apron Pavement Treatment Project is categorically exempt from environmental review in accordance with Section 15301 of the State’s guidelines implementing the California Environmental Quality Act. Staff further recommends City Council approve the Runway and Redlands Regular Meeting of 09-17-24
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Apron Pavement Treatment Project Plans and Specifications and award a construction contract to C.R. Contracting LLC for an amount not-to-exceed $616,499.
DISCUSSION:
Federal Aviation Administration (FAA) Airport Capitol Improvement Plan (ACIP) entitlement funds were allocated to Redlands Municipal Airport. The Runway and Apron Pavement Treatment Project (Project) consists of the removal of the existing markings, removal of weeds, crack sealing/filling of runway 8-26 and the west apron, asphalt seal coating of runway 8-26, asphalt slurry sealing (Type II) of the west apron, and pavement re-markings for both the runway and west apron.
Staff prepared the plans and specifications in-house and advertised the construction phase of the project on July 16, 2024. On August 6, 2024, the City Clerk’s office received the following bids:
BID OPENING REPORT SUMMARY
Bidder Bid Schedule Total Price
1. C.R. Contracting, Bend, OR $616,499.00
2. American Road Maintenance, Tucson, AZ $948,502.00
Each bid was reviewed by staff to determine responsiveness to bid requirements and C.R. Contracting LLC was determined to be the lowest responsive bidder.
Staff recommends awarding a Construction Contract to C.R. Contracting LLC for an amount not-to-exceed $616,499. The Project will be completed within sixty (60) calendar days after the date of issuance of a Notice to Proceed to the Contractor.
This Project is categorically exempt from environmental review in accordance with Section 15302 of the State’s guidelines implementing the California Environmental Quality Act as the Project involves the replacement of an existing utility facility with a negligible expansion of capacity.
ALTERNATIVES:
City Council may deny the staff recommendation.
STRATEGIC PLAN:
N/A
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SUBMITTED BY:
Tabitha Crocker, Facilities and Community Services 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
PREPARED BY:
Gerard Nepomuceno, Civil Engineer
Don Craw, Senior Manager
Fiscal Impact
Fiscal Year: 2024
Revenue Generating: N
Appropriation Required Y/N: Y
Amount: $678,094
Budgeted Y/N: N
Account No.: 564910-6912
Discussion:
FAA Grant funded rehabilitation and maintenance of Redlands Airport runway and taxiways in an amount not to exceed $750,000. A total of $678,094 is needed to complete the project ($616,499 plus a 10% contingency of $61,650).
The additional appropriation will appropriate both the grant revenue and grant-related expenditures in the Airport Projects and Grants orgkey (564910); 10% of the total project cost is to be paid by local match, per the terms of the grant agreement, 5% from the City and 5% from Cal Trans.
Attachments
A. C.R. Contracting LCC Contract
B. Bid Opening Report
C. Bid Analysis
Additional Appropriation Form
FAA Grant Award
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1 I:\cmo\Agreements\C.R. Contracting LLC Public Works Agreement FY24-0017.docx-ms
PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract (“Contract”) is made and entered into this 17th day of September, 2024, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter “City”), and C.R. Contracting LLC, an Oregon limited liability company (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: Runway and Apron Pavement Treatment Project, complete all items as required by the Contract Documents (as herein defined) and Specifications for City’s Runway and Apron Pavement Treatment Project, Project No. FCS662023JN (the “Work”).
2. CONTRACT SUM: City shall pay Contractor the sum of Six Hundred Sixteen Thousand Four Hundred Ninety-Nine Dollars ($616,499) 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 sixty (60) 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 being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of five hundred dollars ($500) for each working day as defined in Section 1-2 of the Standard Specifications for Public Works Construction “Greenbook” in excess of the specified time for completion of the Work. Execution of this Contract shall constitute agreement by City and Contractor that five hundred dollars ($500) per day is the estimated damage to City caused by the failure of Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs.
5. CONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice Inviting Bids, Instructions to Bidders, Contractor’s Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively, the “Contract Documents”).
6. ATTORNEYS' FEES: In the event any action is commenced to enforce or interpret the terms or conditions of this Contract, or the Contract Documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys’ fees, including fees for use of in-house counsel by a Party.
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7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of Three Hundred Seventy-Five Thousand Dollars ($375,000) or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor.
8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project.
9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound.
10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents.
11. SEVERABILITY: Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor.
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3 I:\cmo\Agreements\C.R. Contracting LLC Public Works Agreement FY24-0017.docx-ms 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)
__C.R. Contracting LLC ______________________
Name of Contractor
By:_______________________________________
Signature of Authorized Agent
____ Russell Davis, President____________________
Title
__________________________________________
Signature of Authorized Agent (if necessary)
__________________________________________
Title
__________________________________________
Contractor's License No.
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WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Facilities and Community Services Department
Runway and Apron Pavement Treatment Project
FCS662023JN
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
a. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. b. By securing from the Director of Industrial Relations, a certificate of consent to self - insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industria l Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.
CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self -insurance in accordance with the provisions of that Code, and I will comply wit h 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. _______C.R. Contracting LLC____________
(Contractor)
_____________________________________
(Signature)
______Russell Davis, 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.) Redlands Regular Meeting of 09-17-24
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FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands (“City”), State of California, and C.R. Contracting LLC (hereinafter designated as "Principal") have entered into an agreement dated September 17 , 2024 (“Agreement”) whereby Principal agrees to install and complete certain public improvements (the “Work”), which said Agreement is identified as Runway and Apron Pavement Treatment Project, Project No. FCS662023JN and is hereby referred to and made a part hereof; and
Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Work, now, therefore, we, the Principal and , _____________________________, as Surety, are held and firmly bound unto the City in the penal sum of Six Hundred Sixteen Thousand Four Hundred Ninety-Nine Dollars ($616,499) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall faithfully fulfill th e one -year guarantee of all materials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered.
As a condition precedent to the satisfactory completion of the Work, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and repla cements and totally protect the City from loss or damage made eviden t 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 s hall continue so long as any obligation of the Principal remains.
Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City’s option:
1. Complete the Work in accordance with its terms and conditions; or
2. Obtain a bid or bids for completing the Work in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses Redlands Regular Meeting of 09-17-24
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Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal.
Surety shall not utilize the Principal in completing the Work nor shall Surety accept a bid from the Principal for completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City’s objection to the Principal’s further participation in the completion of the Work.
No right of action shall accrue on the bond to or for the use of any person or corporation other than the City named herein or the successors or assigns of the City. Any suit under this bond must be instituted within the applicable statute of limitations period.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.
No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.
The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City’ s reasonable attorneys’ fees incurred, with or without suit, in addition to the above sum.
In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on , 2024.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:___________________________________
__________________________________________
(Seal and Notarial Acknowledgment of
Surety)
Telephone ( )___________________________
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LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and C.R. Contracting LLC (hereinafter designated as “Principal”) have entered into an agreement (the “Agreement”) whereby Principal agrees to install and complete certain designated public improvements (the “Work”), which said agreement, dated September 17, 2024, and identified as Runway and Apron Pavement Treatment Project, Project No.
FCS662023JN is hereby referred to and made a part hereof; and
Whereas, under the terms of the Agreement, Principal is required before commencing 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 Six Hundred Sixteen Thousand Four Hundred Ninety-Nine Dollars ($616,499) 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 addit ion to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.
In witness whereof, this instrument has been duly executed by the Principal and surety above named, on _______________________, 2024.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:_______________________________
(Seal and Notarial Acknowledgement of Surety) ____________________________________ Telephone: ( )______________________
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$616,499.00
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ATTACHMENT "C"
PROJECT NO.FCS662023JN BID DATE: 6-Aug-2024
EST. START DATE: 1-Oct-2024
Unit Price Item Price Unit Price Item Price
1 Mobilization 1 LS $50,000.00 $50,000.00 $25,000.00 $25,000.00 2 Safety and Traffic Control 1 LS $15,000.00 $15,000.00 $25,000.00 $25,000.00 3 Runway 8-26 crack seal/fill per FAA AC 150-
5370-10H Item P-605 14,300 LF $1.50 $21,450.00 $15.00 $214,500.00 4 Runway Emulsified asphalt seal coat per FAA AC
150/5370-10H Item P-608 41,800 SY $3.50 $146,300.00 $4.00 $167,200.00 5 Install 18" wide white Runway edge marking 9,000 LF $2.50 $22,500.00 $7.00 $63,000.00 6 Install 10' wide white Runway threshold bar
marking 150 LF $30.00 $4,500.00 $7.00 $1,050.00
7 Install 3' wide yellow blastpad marking 1,020 LF $4.00 $4,080.00 $7.00 $7,140.00 8 Install 12" wide white Runway centerline marking 4,350 LF $2.00 $8,700.00 $7.00 $30,450.00 9 Install yellow Runway holding position marking 450 LF $18.00 $8,100.00 $7.00 $3,150.00 10 Install double yellow Taxiway solid edge marking 1,350 LF $10.00 $13,500.00 $7.00 $9,450.00 11 Install runway designation white marking 2 EA $3,000.00 $6,000.00 $5,000.00 $10,000.00 12 Install 6" wide yellow Taxiway centerline marking 2,526 LF $1.50 $3,789.00 $7.00 $17,682.00 13 Runway 8-26 Pavement markings removal 1 LS $30,000.00 $30,000.00 $75,000.00 $75,000.00 Total Base Bid
14 W Apron crack seal/fill per FAA AC 150-5370-
10H item P-605 7,000 LF $2.50 $17,500.00 $15.00 $105,000.00 15 Apron Emulsified asphalt slurry seal (type ll) per
FAA AC 150/5370-10H item P-626 50,200 SY $5.00 $251,000.00 $3.50 $175,700.00 16 Install 6" wide yellow Taxiway centerline marking 1,100 LF $3.00 $3,300.00 $7.00 $7,700.00 17 Install 6" wide yellow parking marking 1,000 LF $3.00 $3,000.00 $7.00 $7,000.00 18 Install yellow movement/non-movement marking 100 LF $40.00 $4,000.00 $7.00 $700.00 19 Install 12" wide white vehicle driveway edge
marking 540 LF $7.00 $3,780.00 $7.00 $3,780.00
Total Bid Additive
Total Base Bid Plus Additive Bid $948,502.00$616,499.00 $333,919.00 $648,622.00
CITY OF REDLANDS
FACILITIES AND COMMUNITY SERVICES DEPARTMENT
BID ANALYSIS
Item
No. Bid Item Quantity Unit C.R. Contracting LLC American Road Maintenance
RUNWAY AND APRON PAVEMENT TREATMENT PROJECT
Bid Additive
$282,580.00 $299,880.00
Low Bidders #1, #2
Sheet 1 of 1
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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
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City Council/Financing Authority Meeting K. 5.
DATE: 09/17/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a Cooperative Agreement with San Bernardino County delineating responsibilities for paving rehabilitation, and determine that this action is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
MOTION(S):
If City Council determines the staff recommendation is appropriate, the following motions are provided:
I move that City Council determine approval of the Cooperative Agreement with San Bernardino County delineating responsibilities for pavement rehabilitation is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and
1. I move that City Council approve a Cooperative Agreement with San Bernardino County delineating responsibilities for pavement rehabilitation.
2. RECOMMENDATION:
Staff recommends that City Council determine approval of a Cooperative Agreement with the County of San Bernardino delineating responsibilities for pavement rehabilitation is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act and approve the Cooperative Agreement.
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DISCUSSION:
In FY 24/25, the City's Pavement Management Program 2024 Street Resurfacing Project (Project) will rehabilitate approximately twenty-eight (28) lane miles of public streets. The Project includes a portion of Lugonia Avenue (north half) and California Street (east half) within the San Bernardino County (County) jurisdiction. Municipal Utilities and Engineering Department (MUED) staff collaborated with County staff to develop a Cooperative Agreement to ensure the full width of each street segment is rehabilitated, in lieu of only rehabilitating the portions of each street within the City's jurisdiction. If the Agreement is approved, approximately 1.5 lane miles of the County's streets will be resurfaced with the City's project.
The total project construction cost estimate is $4,677,377, of which approximately $815,066 is for rehabilitating County streets. The Agreement obligates the County to a maximum Project financial contribution of $896,573, which includes $81,507 (10%) for unanticipated Project costs. The Agreement requires the County to reimburse the City for actual construction costs associated with pavement rehabilitation within the County's jurisdiction. The City will procure construction services, manage the project, and pay all other project costs.
Approval of the Cooperative Agreement is exempt from environmental review pursuant to Section 15061(b)(3) of the State’s guidelines implementing the California Environmental Quality Act because this activity will not result in a direct or reasonably foreseeable indirect physical change in the environment.
ALTERNATIVES:
City Council may deny the staff recommendation and provide alternate direction.
STRATEGIC PLAN:
Priority D:
Objective 3. Infrastructure - Engineer and construct transportation facilities to accommodate all potential users – motorists, cyclists and pedestrians.
SUBMITTED BY:
John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
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REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Goutam K. Dobey, City Engineer
Fiscal Impact
Fiscal Year: FY 24/25
Appropriation Required Y/N: N
Budgeted Y/N: Y
Account No.: 211910
Discussion:
There is no fiscal impact associated with this action. Approval of the agreement ensures that the County pays its proportional share of the improvements.
Attachments
Cooperative Agreement with County
Location Map
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550 of 790
Standard Contract Page 1 of 8
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
Public Works
Department Contract Representative Jeremy Johnson, P.E., Engineering Manager
Telephone Number (909) 387-8165
Contractor City of Redlands
Contractor Representative Goutam Dobey, City Engineer
Telephone Number (909) 798-7584 Ext. 2
Contract Term Expiration 12/31/2028
Original Contract Amount $815,066
Amendment Amount $0
Total Contract Amount $815,066
Cost Center 6650002000 52002445 H15278
Grant Number (if applicable) n/a
IT IS HEREBY AGREED AS FOLLOWS:
WHEREAS, San Bernardino County (COUNTY) and the City of Redlands (CITY), ( COUNTY and CITY are also each referred to herein as “Party” and collectively referred to herein as “Parties”) desire to cooperate and jointly participate in Lugonia Avenue and Other Roads Pavement Improvement Project located in the Redlands area (hereinafter referred to as “PROJECT”); and,
WHEREAS, the PROJECT is within the CITY’s jurisdiction with the exception of pavement improvements on 1) California Street, between Almond Avenue and Palmetto Avenue (3.6” Mill and AC Overlay) , and 2) Lugonia Avenue, between Nevada Street and Alabama Street (2” Mill and AC Overlay , which are jurisdictionally shared between CITY and COUNTY, as shown on Exhibit “A” attached hereto and incorporated herein by this reference; and,
WHEREAS, California Streets and Highways Code section 1710 authorizes COUNTY to contract with CITY for CITY’s maintenance, construction, or repair of COUNTY highways, the cost being paid by COUNTY; and,
WHEREAS, COUNTY determines that it is necessary for the more efficient maintenance, construction, or repair of the COUNTY roads identified herein to contract with CITY for the PROJECT; and,
Contract Number
SAP Number
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Revised 7/1/24 Page 2 of 8
WHEREAS, the total PROJECT cost is estimated to be $4,677,377; and,
WHEREAS, CITY’s share of PROJECT cost is estimated to be $3,862,311 and the COUNTY’s share of PROJECT cost is estimated to be $ 815,066, as more particularly set forth in Exhibit “ B”, which is attached hereto and incorporated herein by this reference; and,
WHEREAS, the above described costs are proportioned based on the work to be performed within each Party’s jurisdiction; and,
WHEREAS, CITY and COUNTY desire to set forth the responsibilities and obligations of each as they pertain to such participation, and to the design, construction, and funding of the proposed PROJECT.
NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:
1.0 CITY AGREES TO:
1.1 Act as the Lead Agency in the design, utility relocation, construction, construction engineering, inspection, and California Environmental Quality Act (CEQA) compliance (Public Resources Code section 21000 et seq.). Right-of-Way services are not anticipated and therefore not included in this agreement.
1.2 Provide plans and specifications and all necessary construction engineering for the PROJECT to COUNTY, for COUNTY's prior review and approval pursuant to paragraph 2.1 below.
1.3 Construct the PROJECT by contract in accordance with the plans and specifications provided by CITY, which have been reviewed and approved by COUNTY.
1.4 Arrange for relocation of all utilities which interfere with construction of the entire PROJECT limits.
1.5 Obtain a no-cost permit from the COUNTY for work within the COUNTY’s right-of-way.
1.6 Advertise, award, and administer the construction of the PROJECT, in accordance with the provisions of California Public Contract Code applicable to cities and require, as well as enforce, CITY’s contractors to comply with all applicable laws and regulatio ns, including Labor Code sections 1720 et seq. and 1770 et seq. that concern the payment of prevailing wages. CITY shall indemnify, defend (with counsel reasonably approved by COUNTY), and hold harmless COUNTY and its officers, employees, volunteers, and agents from any and all claims, actions, losses, damages, and/or liability arising out of CITY’s obligations set forth in this paragraph.
1.7 CITY shall require all contractors and vendors working on the PROJECT to have appropriate and adequate insurance coverage for the mutual protection and benefit of the Parties. Except for Workers' Compensation, Errors and Omissions and Professional Liabili ty policies, CITY shall require and ensure that all CITY contractors/subcontractors for the PROJECT shall have insurance policies that contain endorsements naming the COUNTY and its officers, employees, agents and volunteers as additional insureds with res pect to liabilities arising out of the performance of services hereunder. The additional insured endorsements shall not limit the scope of coverage for the COUNTY to vicarious liability but shall allow coverage for the COUNTY to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.
1.8 Require CITY’s contractors and subcontractors to pay the minimum of prevailing wages as applicable.
1.9 Provide adequate inspection of all items of work performed under the construction contract(s) with CITY's contractors or subcontractors for the PROJECT and maintain adequate records of inspection and materials testing for review by COUNTY. CITY shall provide copies of any records of inspection and materials testing to COUNTY within ten (10) business days of CITY's receipt of written demand from COUNTY for such records. This shall be included as a PROJECT cost.
1.10 Include compliance with any applicable requirements of CEQA, as well as completing the required CEQA documentation.
1.11 Provide a qualified CITY representative who has the authority to discuss and resolve PROJECT issues.
1.12 Pay CITY’s proportionate share of the cost of the PROJECT. The cost of the PROJECT shall include the cost of design, construction, construction engineering, inspection, CEQA compliance, and CITY overhead cost for the PROJECT. CITY’s proportionate share of cost for the PROJECT Redlands Regular Meeting of 09-17-24
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is estimated at $3,862,311 (82.5% of PROJECT, see Exhibit B). CITY shall be responsible for its share of any PROJECT cost increases pursuant to paragraph 3.7, 3.9, and 3.12 below.
1.13 Submit to COUNTY an itemized accounting of actual PROJECT costs incurred by CITY and a statement for COUNTY’s proportionate share of PROJECT costs, as provided herein. Costs shall be amended following CITY and COUNTY acceptance of the final construction co st accounting.
In no event shall COUNTY’s proportionate share of cost of PROJECT exceed $ 896,573 (COUNTY’s estimated share of cost for PROJECT plus ten percent (10%)) absent a written amendment to this Agreement approved pursuant to paragraph 3.16.
1.14 Accept all payments from COUNTY via electronic funds transfer (EFT) directly deposited into the CITY’s designated checking or other bank account. The CITY shall promptly comply with directions and accurately complete forms provided by COUNTY required to pr ocess EFT payments.
2.0 COUNTY AGREES TO:
2.1 Review, approve, and provide comments, if necessary, for the PROJECT’s plans and specifications provided by the CITY for PROJECT work to be performed in the COUNTY’s jurisdiction.
2.2 Provide a no cost permit to the COUNTY for its work in the CITY’s right-of-way.
2.3 Provide a qualified COUNTY representative who has the authority to discuss and resolve PROJECT issues; and the authority to inspect PROJECT construction site upon notification by CITY via email and/or telephone that an inspection is required within the COUNTY’s limits.
2.4 Pay COUNTY’s proportionate share of the PROJECT cost. The PROJECT cost shall include the cost of design, utility relocation, construction, construction engineering, inspection , CEQA compliance and CITY overhead cost. COUNTY’s proportionate share of cost for the PROJECT is estimated at $815,066 (17.5% of PROJECT, see Exhibit A).
2.5 Pay to CITY, on a reimbursement basis, its share of PROJECT costs, including its jurisdictional share of any PROJECT cost increases pursuant to paragraphs 3.7, 3.9 and 3.12 below, within sixty (60) calendar days after receipt of an itemized statement as set forth in paragraph 1.1 3 of this Agreement, setting forth all actual PROJECT costs incurred by CITY, together with adequate documentation of said expenditures. In no event shall COUNTY’s proportionate share of PROJECT cost exceed $896,573 (COUNTY’s estimated share of cost for the PROJECT plus ten percent (10%)) absent a written amendment to this Agreement approved pursuant to Paragraph
3.16. 3.0 IT IS MUTUALLY AGREED:
3.1 After CITY’s and COUNTY’s acceptance of completed PROJECT, the COUNTY shall be responsible for performing any maintenance for that portion of the PROJECT that is in the County Maintained Road System and within the COUNTY unincorporated area, and the CITY shall be responsible for performing any maintenance for the PROJECT that is in t he CITY incorporated area.
3.2 CITY agrees to indemnify, defend (with counsel approved by COUNTY) and hold harmless the COUNTY, its officers, employees, agents, and volunteers from any and all claims, actions, or losses, damages, and/or liability arising out of CITY’s performance of its obligations under this Agreement.
3.3 COUNTY agrees to indemnify and hold harmless the CITY, its officers, employees, agents, and volunteers from any and all claims, actions, or losses, damages, and/or liability arising out of COUNTY’s performance of its obligations under this Agreement.
3.4 In the event the CITY and/or the COUNTY is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the Agreement, the CITY and/or COUNTY shall indemnify the other to the extent of its comparative fault.
3.5 In the event of litigation arising from this Agreement, each Party to the Agreement shall bear its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or attorney(s) fees relative to paragraphs 1.6, 3.2, 3.3 and 3.4 indemnification.
3.6 CITY and COUNTY are authorized self -insured public entities for purposes of Professional Liability, Automobile Liability, General Liability, and Workers’ Compensation and warrant that through their programs of self -insurance, they have adequate coverage or resources to protect Redlands Regular Meeting of 09-17-24
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against liabilities arising out of the performance of the terms, conditions or obligations of this Agreement.
3.7 The Parties acknowledge that final PROJECT costs may ultimately exceed the current estimate of PROJECT costs. Any additional PROJECT costs resulting from increased bid prices, change orders, or arising from unforeseen site conditions, including Utility rel ocation (but not from requested additional work by the COUNTY or CITY, which is addressed in paragraph 3.8 below) over the estimated total of PROJECT cost of $4 ,677,377 (which is the sum of $3, 862,311 from CITY and $815,066 from COUNTY), shall be borne by each Party in proportion to where the work actually lies (based on jurisdiction), as part of the Parties’ respective obligations to pay the cost for the PROJECT.
3.8 If either CITY or COUNTY requests additional work that is beyond the scope of the original PROJECT, and not considered by all Parties to be a necessary part of the PROJECT, said work, if approved by all Parties, will be paid solely by the agency requesting the work.
3.9 In the case where one of the Parties owns a utility that needs to be relocated for the PROJECT and that Party does not have prior rights for that utility, it will be the sole responsibility of that Party to relocate the utility at that Party’s cost. This s hall not be included as a PROJECT cost. In the case that a utility relocation is determined to be a PROJECT cost based on that utility having prior rights, the relocation of the utility will be included as a project cost for which the COUNTY and CITY will be responsible for funding within their jurisdictional boundaries.
3.10 As design progresses, if it is found by CITY, that a cost overrun of more than twenty-five percent (25%) of the estimated total of the PROJECT costs will occur, CITY shall provide COUNTY notice of this fact and COUNTY and CITY shall endeavor to agree upon an alternative course of action, including amending the amounts and Exhibit B with revised cost estimates. If, after thirty (30) days of COUNTY notice, an alternative course of action is not mutually agreed upon in writing between the Parties, this Agreement shall be deemed to be terminated by mutual consent.
3.11 CITY shall notify COUNTY of the bids received and the amounts thereof. If either Party intends to cancel this Agreement based upon the bids or amount thereof, said Party shall notify the other Party as a reasonable time prior to the awarding of a contract to construct the PROJECT to avoid any detrimental reliance by either Party, contractor, or potential contractor.
3.12 If after opening bids for the PROJECT, it is found that the responsive and responsible low bid amount is twenty-five percent (25%) or less over the construction cost shown in Exhibit B, CITY may award the contract.
3.13 If, upon opening of bids, it is found that the responsive and responsible low bid amount is over twenty-five percent ( 25%) more than the construction cost shown in Exhibit B, CITY shall not award the contract unless: 1) CITY receives written permission from the COUNTY’s Director of Public Works or his designee, to proceed with the award; and 2) COUNTY’s Board of Supervisors approves the award of the construction contract. If the above-described conditions are not met, the COUNTY and CITY shall endeavor to a gree upon an alternative course of action, including re-bidding of the PROJECT. If, after thirty (30) days of the bid opening, an alternative course of action is not mutually agreed upon in writing, this Agreement shall be deemed to be terminated by mutual consent.
3.14 Contract Change Orders forms will be delivered by fax or email, must be approved and signed by COUNTY, and returned within two (2) business days. The COUNTY shall not unreasonably withhold approval of change orders. If a COUNTY disapproved or modified change order is later found to be a cost of the PROJECT, then the COUNTY shall be responsible for any costs, awards, judgments, or settlements associated with the disapproved or modified change order.
3.15 This Agreement may be cancelled upon thirty (30) calendar days advance written notice of either Party, provided however, that neither Party may cancel this Agreement after CITY awards a contract to construct the PROJECT. In the event of cancellation as pro vided herein, including termination pursuant to this paragraph 3.15 or paragraphs 3.10 or 3.13 above, all PROJECT costs required to be paid by the Parties prior to the effective date of cancellation shall be paid by the Parties in the same proportion to their contribution for the PROJECT. The Parties recognize and agree that the provisions governing utility relocation and construction are dependent upon the Parties first satisfying CEQA. As provided in this paragraph, the Agreement may be cancelled with or without cause, before, during or after CEQA review/approval.
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3.16 Except as provided in Paragraph 3.1 5, and except for the Parties' operation, maintenance and indemnification obligations contained herein which shall survive Agreement termination, this Agreement shall terminate upon completion of the PROJECT and payment of final billing by the COUNTY for its share of the PROJECT costs. The PROJECT shall be deemed complete upon both PARTIES recording a Notice of Completion with any and all appropriate jurisdictions.
3.17 This Agreement contains the entire agreement of the Parties with respect to subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. No supplement, modification, or amendment of this Agreement shall be binding unless exe cuted in writing and signed by both Parties.
3.18 This Agreement shall be governed by the laws of the State of California. Any action or proceeding between CITY and COUNTY concerning the interpretation or enforcement of this Agreement, or which arises out of or is in any way connected with this Agreement or the PROJECT, shall be instituted and tried in the appropriate state court, located in the county of San Bernardino, California.
3.19 Time is of the essence for each and every provision of this Agreement.
3.20 Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for any or against any Party. Any term referencing bu siness days shall be deemed COUNTY workdays. The captions of the various articles and paragraphs are for convenience and ease or reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.21 No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contr actual rights by custom, estoppel, or otherwise.
3.22 If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the purpose of this agreement is frustrated.
3.23 This Agreement may be signed in counterparts, each of which shall constitute an original. The Parties shall be entitled to sign and transmit an electronic signature of the Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the Party whose name is contained therein. Each Party providing an electronic signature agrees to promptly execute and deliver to the other Party an original signed Agreement upon request.
3.24 This Agreement will be effective on the date it is signed by both Parties and shall conclude upon satisfaction of the terms identified in paragraph 3.1 6, or December 31, 2028 (whichever occurs first).
3.25 The Recitals are true and correct and incorporated into the body of this Agreement.
SIGNATURES ON THE FOLLOWING PAGE:
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FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department
Aaron Gest, Deputy County Counsel Andy Silao, P.E., Engineering Manager Noel Castillo, Director Date Date Date
SAN BERNARDINO COUNTY CITY OF REDLANDS
By
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated:
Name Eddie Tejeda
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title Mayor
Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County
(Print or Type)
By Dated:
Deputy
Address 35 Cajon Street, Redlands, CA
ATTEST: Jeanne Donaldson, City Clerk
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EXHIBIT A
LOCATION MAP
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EXHIBIT B
ESTIMATE OF PROJECT COSTS
FOR SAN BERNARDINO COUNTY/CITY OF REDLANDS
PAVEMENT IMPROVEMENT PROJECT
LUGONIA AVENUE AND OTHER ROADS
DESCRIPTION
TOTAL PROJECT
COST
SAN BERNARDINO
COUNTY SHARE
CITY OF REDLANDS
SHARE
Construction and Contingency $4,209,639 $733,559 $3,476,080 All Other Costs such as design,
survey, CEQA compliance,
construction engineering,
inspection and CITY overhead
$ 467,738 $ 81,507 $ 386,231
Total $4,677,377 $815,066 $3,862,311
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PMP 2024 STREET RESURFACING PROJECT
LOCATION MAP .
W COLTON AVE
E LUGONIA AVE
W PIONEER AVE
ORANGE ST
5TH BLVD
FO
RD
ST
W SUNSET DR
W REDLANDS BLVD
E SUNSET DR
OUTER HWY
E PALM AVE
BARTON RD
ALESSANDRO
RD
E CITRUS AVE
OPAL AVE
ALTA VISTADR
W REDLANDS BLVD
BEAUMONT AVE
W CRESCENT AVE
ALABAMA ST
SANTIMOTEOCANYONRD
N 6TH ST
W FERN AVE
E HIGHLAND AVE
N DEARBORN ST
E OLIVE AVE
JUDSON ST
W CYPRESS AVE
E HILTON AVE
MISSION RD
BROOKSIDE AVE
W LUGONIA AVE
N CHURCH ST
W PALM AVE
TEXAS ST
W HIGHLAND AVE
NEVADA ST
E CYPRESS AVE
S WABASH AVEE FERN AVE
5TH ST
CRAFTON AVE
S DEARBORN ST
ELIZABETH ST
MENTONE BLVD
W OLIVE AVE
TERRACINA BLVD
SANDCANYONRD
YUCAIPA BLVD
N WABASH AVE
CALIFORNIA ST
W LUGONIA AVE
GARDEN ST
SAN TIMOTEO CANYON RD
W SAN BERNARDINO AVE
5TH AVE
MILL CREEK RD
16TH ST
S CENTER ST
TENNESSEE ST
BOULDER AVE
ALABAMA ST
3RD BLVD
RECHE CANYON RD
3RD ST
DUNLAP BLVD
E COLTON AVE
AVENUE E
E CITRUS AVE
NEVADA ST
LIVE OAK CANYON RD
E PIONEER AVE
PALMETTO AVE
MARIGOLD AVE
PMP 2024 PROJECT (CITY)
PMP 2024 PROJECT (COUNTY)
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City Council/Financing Authority Meeting K. 6.
DATE: 09/17/2024
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a Public Works Contract with Tryco General Engineering for the 2024 Alley Paving Improvement Project for an amount not-to-exceed $483,955 and determination that the Project is categorically exempt from environmental review pursuant to Section 15301(c) of the State's Guidelines for Implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
MOTION(S):
If City Council determines the staff recommendation is appropriate, the following motions are provided:
I move that the City Council determine approval of the contract and construction of the 2024 Alley Paving Improvement Project is categorically exempt from environmental review in accordance with Section 15301(c) of the State's Guidelines implementing the California Environmental Quality Act; and
1. I move that the City Council approve the 2024 Alley Paving Improvement Project plans and specifications, and award a Public Works Contract to Tryco General Engineering for an amount not-to-exceed $483,955.
2. RECOMMENDATION:
Staff recommends that City Council determine approval of a Public Works Contract and construction of the 2024 Alley Paving Improvement Project is categorically exempt from environmental review pursuant to Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act.
Staff further recommends City Council approve the 2024 Alley Paving Improvement Project plans and specifications, and award a Public Works Contract to Tryco General Engineering for an amount not-to-exceed $483,955.
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DISCUSSION:
The 2024 Alley Paving Improvement Project (Project) will resurface five (5) alleys identified on the attached location map (Attachment D). The Project also removes and replaces driveways and sidewalks where necessary, protects existing utilities, trees, power poles, and public and private improvements, replaces damaged survey monuments, constructs drainage facilities, disposes of excess soil and rock material, and restores all areas and improvements to pre-construction conditions.
City Staff prepared plans and specifications, and advertised the Project for construction. On July 30, 2024, the City Clerk's office received and opened the following six (6) bids for the Project:
BID OPENING REPORT SUMMARY
Bidder Bid Amount
1. Tryco General Engineering, Rimforest, CA $439,959.00
2. Voltaire Engineering, Redlands, CA *$594,625.00
3. Issa Electric, Inc., Riverside, CA $621,694.75
4. We R Builders, Glendale, CA *$643,170.00
5. Martin Construction, Yucaipa, CA *$681,702.35
6. Onyx Paving Company, Inc., Anaheim, CA $968,000.00
*An arithmetic error was made in the bid proposal. The total bid amount was corrected and highlighted in the attached Bid Analysis to identify arithmetic errors, but did not affect ranking.
Bids were reviewed by staff and Tryco General Engineering was determined to be the lowest responsive and responsible bidder. Staff recommends including $43,996, 10% of the low bid amount, in the contract as contingency funding to be used only for any unforeseen work during construction. The total award amount of $483,955, including contingencies, is available in the MUED FY 24/25 approved budget. If approved, it is anticipated that the Project will be completed within forty-five (45) working days from the issuance of the Notice to Proceed.
This project is categorically exempt from environmental review in accordance with Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act as the Project involves paving existing alleys within the right-of-way with no increase to existing use.
ALTERNATIVES:
City Council may deny the staff recommendation and provide alternate direction.
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STRATEGIC PLAN:
The project supports Strategic Plan Priority D, Strategic Objective 3.
Infrastructure: Engineer and construct transportation facilities to accommodate all potential users - motorists, cyclists, and pedestrians.
SUBMITTED BY:
John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Goutam K. Dobey, City Engineer
PREPARED BY:
Elva Arellanes, Associate Engineer
Fiscal Impact
Fiscal Year: FY 24/25
Appropriation Required Y/N: No
Budgeted Y/N: Yes
Account No.: 211910
Discussion:
There is no fiscal impact associated with this action. The cost for this project is included in the FY 24/25 MUED budget.
Attachments
A. Tryco Agreement
B. Bid Opening Report
C. Bid Analysis
D. Location Map
E. Alley Project Plans (for Reference)
F. Specifications (for Reference)
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1 I:\cmo\Agreements\Tryco General Engineering Public Works Contract 2024 Alley Paving FY24-0021.docx-ms
PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract (“Contract”) is made and entered into this 17th day of September, 2024, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter “City”), and Tryco General Engineering , 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: 2024 Alley Paving Improvement Project, complete all items as required by the Contract Documents (as herein defined) and Specifications for City’s 2024 Alley Paving Improvement Project, Project No. 211910 (the “Work”).
2. CONTRACT SUM: City shall pay Contractor the sum of Four Hundred Eighty-Three Thousand Nine Hundred Fifty-Five Dollars ($483,955) 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 being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of five hundred dollars/cents ($500) for each working day as defined in Section 1-2 of the Standard Specifications for Public Works Construction “Greenbook” in excess of the specified time for completion of the Work. Execution of this Contract shall constitute agreement by City and Contractor that five hundred dollars ($500) per day is the estimated damage to City caused by the failure of Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs.
5. CONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice Inviting Bids, Instructions to Bidders, Contractor’s Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively, the “Contract Documents”).
6. ATTORNEYS' FEES: In the event any action is commenced to enforce or interpret the terms or conditions of this Contract, or the Contract Documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys’ fees, including fees for use of in-house counsel by a Party.
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7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of Three Hundred Seventy Five Thousand Dollars ($375,000) or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor.
8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project.
9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound.
10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents.
11. SEVERABILITY: Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor.
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3 I:\cmo\Agreements\Tryco General Engineering Public Works Contract 2024 Alley Paving FY24-0021.docx-ms 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)
Tryco General Engineering_____________________
Name of Contractor
By:_______________________________________
Signature of Authorized Agent
__________________________________________
Title
__________________________________________
Signature of Authorized Agent (if necessary)
__________________________________________
Title
__________________________________________
Contractor's License No.
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WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities and Engineering Department
2024 Alley Paving Improvement Project
Project No. 211910
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
a. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. b. By securing from the Director of Industrial Relations, a certificate of consent to self - insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industria l Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.
CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self -insurance in accordance with the provisions of that Code, and I will comply wit h 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. _____________________________________
(Contractor)
_____________________________________
(Signature)
_____________________________________
(Official Title)
(SEAL)
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.)
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FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands (“City”), State of California, and Tryco General Engineering (hereinafter designated as "Principal") have entered into an agreement dated September 17th, 2024 (“Agreement”) whereby Principal agrees to install and complete certain public improvements (the “Work”), which said Agreement is identified as 2024 Alley Paving Improvement Project, Project No. 211910 and is hereby referred to and made a part hereof; and
Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Work, now, therefore, we, the Principal and , _____________________________, as Surety, are held and firmly bound unto the City in the penal sum of Four Hundred Eighty-Three Thousand Nine Hundred Fifty-Five Dollars ($ 483,955) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall faithfully fulfill th e one -year guarantee of all materials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered.
As a condition precedent to the satisfactory completion of the Work, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and repla cements and totally protect the City from loss or damage made eviden t 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 s hall continue so long as any obligation of the Principal remains.
Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City’s option:
1. Complete the Work in accordance with its terms and conditions; or
2. Obtain a bid or bids for completing the Work in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, Redlands Regular Meeting of 09-17-24
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Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal.
Surety shall not utilize the Principal in completing the Work nor shall Surety accept a bid from the Principal for completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City’s objection to the Principal’s further participation in the completion of the Work.
No right of action shall accrue on the bond to or for the use of any person or corporation other than the City named herein or the successors or assigns of the City. Any suit under this bond must be instituted within the applicable statute of limitations period.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.
No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.
The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City’ s reasonable attorneys’ fees incurred, with or without suit, in addition to the above sum.
In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on , 2024.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:___________________________________
__________________________________________
(Seal and Notarial Acknowledgment of
Surety)
Telephone ( )___________________________
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LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and Tryco General Engineering (hereinafter designated as “Principal”) have entered into an agreement (the “Agreement”) whereby Principal agrees to install and complete certain designated public improvements (the “Work”), which said agreement, dated September 17th, 2024, and identified as 2024 Alley Paving Improvement Project, Project No. 211910 is hereby referred to and made a part hereof; and
Whereas, under the terms of the Agreement, Principal is required before commencing 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 four hundred eighty- three thousand nine hundred fifty-five dollars ($483,955) 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 addi tion to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.
In witness whereof, this instrument has been duly executed by the Principal and surety above named, on _______________________, 2024.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:_____________________________
(Seal and Notarial Acknowledgement of Surety) ____________________________________ Telephone: ( )___________________
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ATTACHMENT "C"
PROJECT NO. 211910 BID DATE: 30-Jul-2024
2024 Alley Paving Improvement Project EST. START DATE: 23-Sep-2024 Unit Price Item Price Unit Price Item Price Unit Price Item Price 1 Mobilization (Maximum 5% of total bid price) 1 LS $22,000.00 $22,000.00 $5,000.00 $5,000.00 $30,000.00 $30,000.00 2 Erosion Control 1 LS $2,800.00 $2,800.00 $4,000.00 $4,000.00 $3,000.00 $3,000.00 3 Survey (Construction Staking) 1 LS $5,000.00 $5,000.00 $9,200.00 $9,200.00 $10,880.00 $10,880.00 4 Removal of all trash and debris, shrubs, bushes, tree stumps, existing pavement, pavement grindings from right away 1 LS $20,000.00 $20,000.00 $170,000.00 $170,000.00 $135,558.75 $135,558.75 5 Construct 2.5" AC over 4" Aggregate Base, Compact Top 6" to 95% Compaction 40,490 SF $5.60 $226,744.00 $5.00 $202,450.00 $6.65 $269,258.50 6 Construct 2' Wide V-Gutter 2,880 LF $48.00 $138,240.00 $60.00 $172,800.00 $37.50 $108,000.00 7 Construct V-Gutter Transition 8 EA $500.00 $4,000.00 $300.00 $2,400.00 $2,531.25 $20,250.00 8 Remove and Replace Driveway, 6" Thick PCC (560-C-
3250), Compact Top 6" to 95% Compaction 335 SF $25.00 $8,375.00 $25.00 $8,375.00 $58.50 $19,597.50 9 Adjust Manhole to Grade. City to Provide New MH Frame and Cover as Needed. 7 EA $500.00 $3,500.00 $1,000.00 $7,000.00 $650.00 $4,550.00 10 Construct Concrete Collar 7 EA $900.00 $6,300.00 $1,200.00 $8,400.00 $800.00 $5,600.00 11 Demobilization 1 LS $3,000.00 $3,000.00 $5,000.00 $5,000.00 $15,000.00 $15,000.00 Last Minute Additions/Deductions $0.00 $0.00 $0.00
Total Bid Price
*Arithmetic Error
License Status
Sub's License Status
Bid Bond Company
Submitted Entire Bid Package
Submitted Sub's Qualification Statement
DIR Status
Error in Bid
$621,694.75$439,959.00
NoYes
Active
N/A
The Gray Casualty & Surety Co
Active
Active
The Gray Casualty & Surety Co
$594,625.00
CITY OF REDLANDS
MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT
BID ANALYSIS
Item
No.
ISSA Electric, Inc.Bid Item Quantity Unit
Tryco General
Engineering
Voltaire Engineering,
Inc.
No
N/A No
Active N/A
No
Active
Yes
Active
Active
Old Republic Surety Co
No
No
Low Bidders #1, #2 and #3
Sheet 1 of 2
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ATTACHMENT "C"
PROJECT NO. 211910 BID DATE: 30-Jul-2024
2024 Alley Paving Improvement Project EST. START DATE: 23-Sep-2024 Unit Price Item Price Unit Price Item Price Unit Price Item Price 1 Mobilization (Maximum 5% of total bid price) 1 LS $30,000.00 $30,000.00 $19,457.52 $19,457.52 $45,000.00 $45,000.00 2 Erosion Control 1 LS $5,000.00 $5,000.00 $7,488.00 $7,488.00 $23,000.00 $23,000.00 3 Survey (Construction Staking) 1 LS $20,000.00 $20,000.00 $7,280.00 $7,280.00 $27,000.00 $27,000.00 4 Removal of all trash and debris, shrubs, bushes, tree stumps, existing pavement, pavement grindings from right away 1 LS $115,000.00 $115,000.00 $138,050.00 $138,050.00 $432,280.00 $432,280.00 5 Construct 2.5" AC over 4" Aggregate Base, Compact Top 6" to 95% Compaction 40,490 SF $5.50 $222,695.00 $4.90 $198,401.00 $5.00 $202,450.00 6 Construct 2' Wide V-Gutter 2,880 LF $65.00 $187,200.00 $79.00 $227,520.00 $68.00 $195,840.00 7 Construct V-Gutter Transition 8 EA $1,500.00 $12,000.00 $395.00 $3,160.00 $400.00 $3,200.00 8 Remove and Replace Driveway, 6" Thick PCC (560-C-3250), Compact Top 6" to 95% Compaction 335 SF $65.00 $21,775.00 $88.00 $29,480.00 $58.00 $19,430.00 9 Adjust Manhole to Grade. City to Provide New MH Frame and Cover as Needed. 7 EA $2,000.00 $14,000.00 $3,940.00 $27,580.00 $650.00 $4,550.00 10 Construct Concrete Collar 7 EA $1,500.00 $10,500.00 $1,375.00 $9,625.00 $1,750.00 $12,250.00 11 Demobilization 1 LS $5,000.00 $5,000.00 $13,660.83 $13,660.83 $3,000.00 $3,000.00 Last Minute Additions/Deductions $0.00 $0.00 $0.00
Total Bid Price
*Arithmetic Error *Arithmetic Error
$643,170.00 $681,702.35 $968,000.00
CITY OF REDLANDS
MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT
BID ANALYSIS
Item
No. Bid Item Quantity Unit We R Builders, Inc. Martin Construction Inc. Onyx Paving Company, Inc.
Low Bidders #4, #5 and #6
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n
W COLTON AVE
E LUGONIA AVE
W PIONEER AVE
N
UNIVERSITY
ST
W FERN AVE
ORANGE
ST
W CYPRESS AVE
FORD
ST
CAJON ST
N
CE
NTER
ST
E PALM AVE
W REDLANDS BLVD
ALABAMA ST
BARTON RD
N CHURCH ST
E HIGHLANDAVE
E OLIVE AVE
JUDSON ST
E REDLANDSBLVD
BROOKSIDE AVE
W LUGONIA AVE
N CHURCH ST
TEXAS ST
W PALM AVE
E CYPRESS AVE
W CITRUS AVE
E SAN BERNARDINO AVE
E FERNAVE
5THAVE
N 6TH STORANGE ST
S SAN MATEO ST
W OLIVE AVE
E CITRUS AVE
W SAN BERNARDINO AVE
S CENTER ST
E REDLANDS BLVD
TENNESSEE
ST
ALABAMA ST
E PIONEER AVE
E COLTON AVE
0 750 1,500 2,250 3,000
Feet
I
2024 Alley Paving Project
Location Map
Legend:
2024 ALLEYS
ALLEY 1
ALLEY 3
ALLEY 2
ALLEY 5
ALLEY 4
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210
10 10
CITY OF REDLANDS
F-2452 ST 5
BENCHMARK
2024 ALLEY PAVING IMPROVEMENT PROJECT
CITY OF REDLANDS
CONSTRUCTION PLANS FOR
JUNE 2024
VICINITY MAP
NTS
PROJECT No. 211910
TITLE SHEET & VICINITY MAP
1 NORTH
SHEET INDEX:
DENISE DAVIS, COUNCIL MEMBER
PAUL BARICH, MAYOR PRO TEM
CHARLES M. DUGGAN JR., CITY MANAGER
MARIO SAUCEDO, COUNCIL MEMBER
EDDIE TEJEDA, MAYOR
JENNA GUZMAN-LOWERY, COUNCIL MEMBER
JEANNE DONALDSON, CITY CLERK
CITY COUNCIL:
CITY CLERK:
CITY STAFF:
PROJECT NO. 211910
2024 ALLEY PAVING
IMPROVEMENT PROJECT
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CITY OF REDLANDS
5 F-2452 ST
PROJECT NO. 211910
2024 ALLEY PAVING
IMPROVEMENT PROJECT
V-GUTTER TRANSITION DETAIL
N.T.S
2 5.0'
2.0'
0.04' LIP
0.00 FL
% PER PLAN
BACK OF
SIDEWALK
MATCH BACK
OF SIDEWALK
EXISTING
SIDEWALK
EXISTING
DRIVEWAY
V-GUTTER CROSS SECTION SHALL BE TAPERED
FLAT OVER A 5' DISTANCE, PRIOR TO MATCHING
BACK OF SIDEWALK, TO REMOVE 12" LIP
3 1' 1'
R/W
2.0%2.0%
COMPACT TOP 6" OF
SUBGRADE TO 95%
COMPACTION.
CL
2 1
ADJACENT AREA SHALL BE
GRADED FLUSH WITH PER PLAN
4:1 MAX
4:1 MAX
4:1 MAX
4:1 MAX
ADJACENT AREA SHALL BE
GRADED FLUSH WITH PER PLAN
NOTE:
CONTRACTOR TO FIELD VERIFY
ALL EXISTING UTILITIES.
EXISTING GAS
EXISTING SEWER
NOTE:
1. REMOVE ALL: TRASH & DEBRIS, SHRUBS,
BUSHES, TREE STUMPS,PAVEMENT GRINDINGS
AND OLD PAVEMENT FROM RIGHT-OF-WAY
2. CONTRACTOR TO PAVE UP TO DRIVEWAY/
VEHICLE ACCESS OR FENCE LINE EVEN
THOUGH OUTSIDE OF RIGHT OF WAY, WHERE
LESS THAN 2 FEET.
1' 1'
V-GUTTER DETAIL
N.T.S
CONSTRUCT 8" THICK, 2'-WIDE
CONCRETE GUTTER. CONCRETE
SHALL BE 560-C-3250.
CONTRACTION JOINTS EVERY 20'.
1 2" LIP
12" R
(TYP.)
6" WIDE STEEL
TROWEL FINISH
CL
8"
4" OF CRUSHED AGGREGATE BASE
(CAB), CRUSHED MISCELLANEOUS
BASE, FINE MIX (CMB) OR CLASS 2 BASE
(3/4” MAX.) @ 95% COMPACTION.
2 ”
GENERAL NOTES:
ALLEY TYPICAL SECTION
N.T.S1
NOTES AND DETAILS
ACCURACY DISCLAIMER:
ENGINEER'S NOTICE TO CONTRACTOR:
2 1
2 3
4 5
7 8
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3 3 4
2 2
25 3
4 1
1 CITY OF REDLANDS
5 F-2452 ST
PROJECT NO. 211910
2024 ALLEY PAVING
IMPROVEMENT PROJECT
ALLEY 1
1 2
3 4
5 3
1' 1'
R/W
2.0%2.0%
COMPACT TOP 6" OF
SUBGRADE TO 95%
COMPACTION.
CL
2 1
ADJACENT AREA SHALL BE
GRADED FLUSH WITH PER PLAN
4:1 MAX
4:1 MAX
4:1 MAX
4:1 MAX
ADJACENT AREA SHALL BE
GRADED FLUSH WITH PER PLAN
NOTE:
CONTRACTOR TO FIELD VERIFY
ALL EXISTING UTILITIES.
EXISTING GAS
EXISTING SEWER
NOTE:
1. REMOVE ALL: TRASH & DEBRIS, SHRUBS,
BUSHES, TREE STUMPS,PAVEMENT GRINDINGS
AND OLD PAVEMENT FROM RIGHT-OF-WAY
2. CONTRACTOR TO PAVE UP TO DRIVEWAY/
VEHICLE ACCESS OR FENCE LINE EVEN
THOUGH OUTSIDE OF RIGHT OF WAY, WHERE
LESS THAN 2 FEET.
ALLEY TYPICAL SECTION
N.T.S1
STUART AVENUE
ALLEY 1
1"=20'
NORTH
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CITY OF REDLANDS
5 F-2452 ST
PROJECT NO. 211910
2024 ALLEY PAVING
IMPROVEMENT PROJECT
DREKA AVENUE
SAN BERNARDINO AVE
ALLEY 2 & 3
PIONEER AVENUE
DREKA AVE
ALLEY 2
1"=20'
NORTH
ALLEY 3
1"=20'
NORTH
4 1' 1'
R/W
2.0%2.0%
COMPACT TOP 6" OF
SUBGRADE TO 95%
COMPACTION.
CL
2 1
ADJACENT AREA SHALL BE
GRADED FLUSH WITH PER PLAN
4:1 MAX
4:1 MAX
4:1 MAX
4:1 MAX
ADJACENT AREA SHALL BE
GRADED FLUSH WITH PER PLAN
NOTE:
CONTRACTOR TO FIELD VERIFY
ALL EXISTING UTILITIES.
EXISTING GAS
EXISTING SEWER
NOTE:
1. REMOVE ALL: TRASH & DEBRIS, SHRUBS,
BUSHES, TREE STUMPS,PAVEMENT GRINDINGS
AND OLD PAVEMENT FROM RIGHT-OF-WAY
2. CONTRACTOR TO PAVE UP TO DRIVEWAY/
VEHICLE ACCESS OR FENCE LINE EVEN
THOUGH OUTSIDE OF RIGHT OF WAY, WHERE
LESS THAN 2 FEET.
ALLEY TYPICAL SECTION
N.T.S1
1 2
3 4
5 7
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CITY OF REDLANDS
5 F-2452 ST
PROJECT NO. 211910
2024 ALLEY PAVING
IMPROVEMENT PROJECT
DREKA AVENUE
SAN BERNARDINO AVE
ALLEY 4 & 5
PIONEER AVENUE DREKA AVE
ALLEY 5
1"=20'
NORTH
ALLEY 4
1"=20'
NORTH
5 1' 1'
R/W
2.0%2.0%
COMPACT TOP 6" OF
SUBGRADE TO 95%
COMPACTION.
CL
2 1
ADJACENT AREA SHALL BE
GRADED FLUSH WITH PER PLAN
4:1 MAX
4:1 MAX
4:1 MAX
4:1 MAX
ADJACENT AREA SHALL BE
GRADED FLUSH WITH PER PLAN
NOTE:
CONTRACTOR TO FIELD VERIFY
ALL EXISTING UTILITIES.
EXISTING GAS
EXISTING SEWER
NOTE:
1. REMOVE ALL: TRASH & DEBRIS, SHRUBS,
BUSHES, TREE STUMPS,PAVEMENT GRINDINGS
AND OLD PAVEMENT FROM RIGHT-OF-WAY
2. CONTRACTOR TO PAVE UP TO DRIVEWAY/
VEHICLE ACCESS OR FENCE LINE EVEN
THOUGH OUTSIDE OF RIGHT OF WAY, WHERE
LESS THAN 2 FEET.
ALLEY TYPICAL SECTION
N.T.S1
1 2
3 4
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CITY OF REDLANDS
MUNICIPAL UTILITIES &
ENGINEERING DEPARTMENT
Bid Proposal, Contract Documents and Specifications
For
2024 Alley Paving Improvement Project
Project No. 211910
JUNE 2024
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CITY OF REDLANDS
MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT
Bid Proposal, Contract Documents and Specifications
for
2024 Alley Paving Improvement Project
Project No. 211910
For use in conjunction with specifications entitled: “Standard Specifications for Public Works Construction (Greenbook)” 2021 Edition; “Standard Plans for Public Works Construction” 20 21 Edition; Municipal Utilities and Engineering Department’s Water Systems Standard Specifications and Sanitary Sewer System Standard Specifications, latest editions; and General Permit Conditions and Trench Specifications.
City Council:
Eddie Tejeda, Mayor
Paul T. Barich, Mayor Pro Tem
Denise Davis, Councilmember
Jenna Guzman-Lowery, Councilmember
Mario Saucedo, Councilmember
City Clerk:
Jeanne Donaldson, City Clerk
City Staff:
Charles M. Duggan Jr., City Manager
JUNE 2024
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TOC 1
2024 Alley Paving Improvement Project
Project No. 211910
TABLE OF CONTENTS
(XX) REFLECTS PAGE IDENTIFICATION FOOTER ABBREVIATION
NOTICE INVITING SEALED PROPOSALS (NIB)
BID DOCUMENTS (BD)
INSTRUCTIONS TO BIDDERS .......................................................................................... 1 PROPOSAL ...................................................................................................................... 10 BID CERTIFICATION ........................................................................................................ 13 BID BOND ...................................................................................................................... 14 NON-COLLUSION AFFIDAVIT ...................................................................................... 15 STATEMENT BY BIDDER ............................................................................................... 16 OFFICERS OF CORPORATION (Members of Firm) ....................................................... 16 SUB-CONTRACTORS LIST ............................................................................................. 17 QUALIFICATION AND EXPERIENCE STATEMENT .................................................. 18 GENERAL INFORMATION ............................................................................................. 19
CONTRACT DOCUMENTS (CD)
PUBLIC WORKS CONSTRUCTION CONTRACT ........................................................... 2
GENERAL CONDITIONS (GC)
SECTION 1 – GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS ...................................................................... 1 SECTION 2 - SCOPE OF THE WORK ............................................................................... 2 SECTION 3 - CONTROL OF THE WORK ......................................................................... 3 SECTION 4 - CONTROL OF MATERIALS ....................................................................... 8 SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITES ...................................... 8 SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK .............................. 30 SECTION 7 - MEASUREMENT AND PAYMENT ......................................................... 32 SECTION 8 - FACILITIES FOR AGENCY PERSONNEL .............................................. 33 SECTION 9 - ASSIGNMENT OF UNFAIR BUSINESS PRACTICES CLAIMS ........... 33 SECTION 10 - TRENCHING AND EXCAVATION ........................................................ 34 SECTION 11 - REMOVAL, RELOCATION OR PROTECTION OF EXISTING UTILITIES ................................................................................................... 34 SECTION 200 - ROCK MATERIALS ............................................................................... 35 SECTION 201 - CONCRETE, MORTAR AND RELATED MATERIALS ..................... 36 SECTION 203 - BITUMINOUS MATERIALS ................................................................. 36 SECTION 206 - MISCELLANEOUS METAL ITEMS ..................................................... 38 Redlands Regular Meeting of 09-17-24
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SECTION 207 – GRAVITY PIPE ...................................................................................... 38 SECTION 211 - MATERIAL TESTS ................................................................................ 38 SECTION 214 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS ........................................................................... 39 SECTION 300 - EARTHWORK ........................................................................................ 39 SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS ............................................................................. 43 SECTION 302 - ROADWAY SURFACING ..................................................................... 49 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION .............................. 58 SECTION 304 - METAL FABRICATION AND CONSTRUCTION .............................. 62 SECTION 314 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS ........................................................................... 62
GENERAL REQUIREMENTS
SECTION 01110 COORDINATION OF WORK
SECTION 01112 DESCRIPTION OF WORK
SECTION 01200 MEASUREMENT AND PAYMENT
SECTION 01251 CHANGE ORDER REQUESTS
SECTION 01254 CHANGE ORDERS
SECTION 01298 SCHEDULE OF VALUES
SECTION 01321 CONSTRUCTION SCHEDULE
SECTION 01322 CONSTRUCTION PROGRESS PHOTOGRAPHY
SECTION 01323 CONSTRUCTION STATUS REPORTS
SECTION 01330 SUBMITTALS
SECTION 01571 STORMWATER POLLUTION PREVENTION PLAN
SECTION 01581 CONSTRUCTION INFORMATION SIGNS
SECTION 01721 MOBILIZATION
SECTION 01722 SURVEYING
SECTION 01732 POTHOLING
SECTION 01740 DEMOBILIZATION
TECHNICAL SPECIFICATIONS
SECTION 02222 PROTECTING EXISTING UNDERGROUND UTILITIES
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APPENDIX
APPENDIX A CHECKLIST OF LABOR LAW REQUIREMENTS
APPENDIX B CITY OF REDLANDS WORKDAY CONSTRUCTION SCHEDULE
APPENDIX C CITY OF REDLANDS STANDARD DRAWINGS
APPENDIX D PERMITS
APPENDIX E CITY OF REDLANDS TRASH COLLECTION SCHEDULE
APPENDIX F CITY OF REDLANDS CONTRACTOR SAFETY PROGRAM
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BID DOCUMENTS
(BD)
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BD 1
INSTRUCTIONS TO BIDDERS
For
2024 Alley Paving Improvement Project
Project No. 211910
Bids to receive consideration shall be made in accordance with the following instructions:
1. PROPOSALS:
a. Bids shall be made upon the form of proposal furnished by the City. All Bids shall be properly executed with all items filled in; the signatures of all persons signing shall be in longhand. If the unit price and the total amount named by a Bidder for any item are not in agreement, the unit price shall be considered as representing the Bidder's intention, and the totals may be corrected by the Engineer to conform thereto. If the sum of the individual bid item’s and the total amount named by a Bidder are not in agreement, the sum of the bid item’s shall be considered as representing the Bidder’s intention, and the totals may be corrected by the Engineer to conform thereto. If the total price written in words and the total price written in figures are not in agreement, then the total price written in words will be considered as representing the Bidder’s intention, and the totals will be corrected by the Engineer to conform thereto.
b. Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete Bids, erasures, or irregularities of any kind.
Mistakes shall be lined through and the correct amount written above a nd initialed by the authorized agent of the Bidder.
c. Bids shall be accompanied by a cashier's or a certified check or Bidder's admitted corporate surety bond, in an amount not less tha n ten percent (10%) of the bid, made payable to the City of Redlands. Said check or bond shall be given as a guarantee that the Bidder will enter into a contract if awarded the work. In the case of refusal or failure to enter into said Contract, within fourteen (14) days after Notice of Award by the City in writing, the security shall be applied by the City to the difference between such bid and next lowest acceptable bid and surplus, if any, shall be returned to Bidder if cash or check is used, or to Surety if bid bond is used.
d. Before submitting a bid, Bidders shall carefully examine the Plans; read the Specifications; read all other Contract documents; shall visit the site of the work; shall fully inform themselves as to all existing conditions and limitations; and include in the bid a sum to cover the cost of all items included in the Contract. No allowance will be made due to lack of examination or knowledge. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered as to character, quality and scope of work to be performed; the quantities of materials to be furnished; and as to the requirements of the Bid Proposal, plans and specifications.
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e. Pursuant to CA Labor Code Section 1770 et seq., the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are available at http://www.dir.ca.gov/OPRL/PWD/. Copies of the prevailing wage determination are also on file at the City of Redlands and shall be made available to any interested party upon request.
f. The bid must be submitted on or before the date and time specified in the Notice Inviting Sealed Proposals (Bids). The bid shall be submitted in a sealed envelope marked in the lower left corner as follows:
BID FOR: 2024 Alley Paving Improvement Project,
Project No. 211910
g. Bids will be opened and publicly read aloud at the time set in the Notice Inviting Sealed Proposals (Bids), in the Office of the City Clerk, Civic Center, 35 Cajon Street, Suite 4, Redlands, California.
2. AGREEMENT AND BONDS:
The form of Contract which the successful Bidder, as Contractor, will be required to execute is included in the Contract Documents (CD) of these specifications and should be carefully examined by the Bidder. The Agreement, admitted Corporate Surety Bonds and other documents to be executed by the Contractor shall be executed in original-duplicates stamped according to law, one of which original -duplicates shall be filed with the City Clerk of the City of Redlands. The successful Bidder, simultaneously wit h the execution of the Agreement, will be required to furnish a faithful performance bond and a labor and material bond, each in an amount equal to one hundred percent (100%) of the Contract price. Said bonds shall provide that if the Contractor or their Subcontractor fails to pay for any materials, provision, provender or other supplies or items used in, upon, for or about the performance of the work contracted to be done, or for any work of labor thereon of any kind, or for amounts due under the Unemploy ment Insurance Act or Workman's Compensation, with respect to such work or labor, that the surety or sureties will pay for the same. The amount shall not exceed the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. All bonds shall be secured from surety companies satisfactory to the City of Redlands and whose name is on file with the County Clerk of San Bernardino County, as an approved and financially sound surety company authorized to transact business in this state.
3. WITHDRAWAL OF BIDS:
a. Any Bidder may withdraw his Bid, only by written request, at any time prior to the scheduled time for Bid Opening.
b. No Bidder may withdraw his Bid for a period of sixty (60) days after the time of Bid Opening except as allowed by the California Public Contract Code.
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BD 3
4. INSURANCE AND HOLD HARMLESS REQUIREMENTS:
Before entering into a Contract, the Bidder to whom the Contract has been awarded shall furnish satisfactory evidence that they have secured all required insurance from a responsible insurance company authorized to do business in California and satisfactory to the City, and such insurance shall be maintained in full force and effect at the Contractor's own expense during the life of the Contract. Contractor shall furnish the City with the customary Certificates of Insurance for all required insurance listed below. General Liability Insurance shall name the City and the Consultant, as an additional insured and shall be primary and non-contributing to any insurance or self -insurance maintained by the City. All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered mail, return receipt requested, giving sufficient time before the date thereof to comply with any applicable law or statute, but in no event less than forty five (45) days before expiration or cancellation is effective.
The coverage shall provide the following minimum limits based on the type of work proposed under this Contract. The Contractor shall determine if the proposed work requires Tier 1 or Tier 2 Insurance Requirements as follows:
CONTRACTED OPERATIONS DESIGNATED AS TIER 1
Air Conditioning (HVAC)
Systems (installation)
Electric Light or Power Line
Construction Pipeline Construction
Airport Runways (paving,
repaving, etc.) Elevator Work Roofing
Blasting Operations Excavation Sandblasting
Bridge or Elevated Highway
Construction
Fire Suppression Systems
(installation)
Sewer and Water Main
Construction
Buildings Structural Work
(including elevators)
Gas Mains or Connections
Construction Sign Erection (streets)
Building Structure (raising or
moving) Geophysical Exploration Solar Energy
Cable Installation in Conduits
and Conduit Construction
(streets)
Grading of Land Street Cleaning
Caisson or Cofferdam Work Hazardous Materials
Contractors Street or Road Construction
Dam or Reservoir Construction Irrigation or Drainage
Construction
Tank Construction, Installation,
Erection or Repair
Demolition (structures) Landscape Construction (street
or street medians)
Telephone or Cable Line
Construction
Drilling Painting (exterior greater than
single story)
Tree Pruning, Dusting,
Spraying or Removal
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BD 4
TIER 1 DESIGNATED INSURANCE REQUIREMENTS
a. Commercial General Liability
➢ $1 Million Per Occurrence/ $2 Million Aggregate
▪ City listed as an Additional Insured on the coverage
▪ Coverage is primary and non-contributory
▪ If scope of work is within 50 feet of any railroad, endorsement citing inclusion of liability associated with this work is required
▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission
b. Business Auto Liability
➢ $1 Million Combined Single Limit
▪ City listed as an Additional Insured on the coverage
▪ Must include liability arising from all owned, leased, hired, and non-owned autos ▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission ➢ If Contractor or its subcontractors or suppliers haul hazardous material (including, without limitation, waste), Auto Liability insurance must be applicable to all hazardous waste hauling vehicles, and include MCS 90 and CA9948 Endorsements.
c. Commercial Umbrella/ Excess Liability
➢ $5 Million Per Occurrence/ Aggregate
▪ City listed as an Additional Insured on the coverage
▪ Coverage is primary and non-contributory
▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission
d. Workers Compensation
➢ $1 Million Per Occurrence for Bodily Injury by Accident ➢ $1 Million Each Employee for Bodily Injury by Disease ➢ $1 Million Policy Limit for Bodily Injury by Accident ▪ Waiver of Subrogation in favor of City
▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission
e. Pollution Policy (Hazardous Materials) [If Applicable] ➢ Required of Projects that involve Demolition and/or Excavation Activities ➢ $1 Million Per Occurrence/ $2 Million Aggregate
➢ City listed as an Additional Insured on the coverage
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BD 5
TIER 2 DESIGNATED INSURANCE REQUIREMENTS
a. Commercial General Liability
➢ $1 Million Per Occurrence/ $2 Million Aggregate
▪ City listed as an Additional Insured on the coverage
▪ Coverage is primary and non-contributory
▪ If scope of work is within 50 feet of any railroad, endorsement citing inclusion of liability associated with this work is required
▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission
b. Business Auto Liability
➢ $1 Million Combined Single Limit
▪ City listed as an Additional Insured on the coverage
▪ Must include liability arising from all owned, leased, hired, and non-owned autos ▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission ➢ If Contractor or its subcontractors or suppliers haul hazardous material (including, without limitation, waste), Auto Liability insurance must be applicable to all hazardous waste hauling vehicles, and include MCS 90 and CA9948 Endorsements.
c. Workers Compensation
➢ $1 Million Per Occurrence for Bodily Injury by Accident ➢ $1 Million Each Employee for Bodily Injury by Disease ➢ $1 Million Policy Limit for Bodily Injury by Accident ▪ Waiver of Subrogation in favor of City
▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission
d. Pollution Policy (Hazardous Materials) [If Applicable] ➢ Required of Projects that involve Demolition and/or Excavation Activities ➢ $1 Million Per Occurrence/ $2 Million Aggregate
➢ City listed as an Additional Insured on the coverage
CONTRACTED OPERATIONS DESIGNATED AS TIER 2
Air Conditioning (HVAC)
Systems (service and repair) Carpentry (building interiors) Fire Suppression Systems (service and repair)
Alarms and Alarm Systems Communications Equipment
Installation (interior) Landscape Construction
Building Interior Work (service,
repair and non-structural
remodeling)
Driveway, Parking Area or
Sidewalk (paving or repaving) Painting (exterior)
Cable Installation in Conduits
(buildings) Fence Erection All Other Job Types including Vendors
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BD 6
Contractor expressly waives all rights to subrogation against the City, its officers, employees and volunteers for losses arising from work performed by Contractor for City by expressly waiving Contractor’s immunity for injuries to Contractor’s employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extend to any claim brought by or on behalf of any employee of Contractor. This waiver is mutually negotiated by the parties. This shall not apply to any damage resulting from the sole negligence of City, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless are valid and enforceable only to the extent of the negligence of contractor, its officers, agents and employees.
Subcontractors. The prime contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements from each subcontractor.
The Contractor shall not assign or sublet the contract, in whole or in part, without the written consent of the City, nor shall the contractor assign any monies due to, or to become due to, Contractor hereunder without prior written consent of the City.
The Contractor shall be fully responsible to the City for the acts and omissions of the subcontractor and persons either directly or indirectly employed by the Contractor. Consent to subcontracting part of the work shall, in no way, release the Contractor from responsibility for performance of the work, and Contractor will be held, in all respects, accountable for the same as if no consent had been given. The Contractor shall give personal attention to this work which is sublet. Nothing contained in the contract documents shall create any contractual relation between any subcontractor and the City.
Hold Harmless and Indemnification. Contractor shall indemnify, hold harmless and defend City and its elected officials, agents and employees and the Consultant from and against any and all claims, losses or liability, including attorney’s fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure to act of Contractor, its subcontractors, and any officers, agents and employees in performing the work required by this Agreement. Contractor’s obligations under this provision shall not be limited in any way by any terms of this Agreement, or the insurance limits.
5. LICENSES AND PERMITS:
No bid will be accepted from a Contractor who is not licensed in accordance with the law under the provisions of Division III, Chapter 9 of the Business and Professions Code of the State of California.
The Contractor shall, at the time of bid opening, possess a valid "Class A" Contractor's license, and provide its California State Contractor’s License number to the City.
All subcontractors listed at the time of bid opening shall possess a valid Contractor’s license for the work in which they are specified to complete within the Bid Submittal Package.
The Contractor shall, prior to Notice to Proceed, procure all other permits and licenses as stipulated in the GENERAL CONDITIONS.
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BD 7
In addition, no contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015 or awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
Contractors shall submit proof of registration status with their bid submission to the City of Redlands. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
6. SUBSTITUTION OF SECURITIES:
In accordance with applicable provisions of State law, the Contractor will be permitted to substitute qualified securities in lieu of retention of withheld progress payments by the Owner.
7. SUBCONTRACTORS:
Pursuant to Section 4105 of the C alifornia Public Contract Code, t he bidder may not circumvent the requirement to list subcontractors by the device of listing one subcontractor, who in turn sublets portions constituting a majority of the work covered by the contract.
A. Pursuant to California Government Code section 4106, subcontractors who will perform work or labor or render services in an amount in excess of one-half of one percent of the Contractor’s total bid shall be set forth in a list of subcontractors within the bid documents. Such list shall be accompanied by an experienced statement with pertinent information regarding similar projects and other evidence of qualifications for each such subcontractor, supplier, individual, or entity if requested by City. If City or engineer, after doing an investigation, has reasonable objection to any proposed subcontractor, supplier, individual, or entity, City may, before the notice of award is given, request the apparent successful bidder to submit a substitute, without an increase in the bid.
B. If the apparent successful bidder declines to make any such substitution, City may award the contract to the next lowest bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities declining to make the request and substitutions will not constitute grounds for forfeiture of the bid security of any bidder. Any subcontractor, supplier, individual or entity so listed and against which City makes no written objection prior to the giving of the notice of award will be deemed acceptable by City subject to verification of such assessments after the effective date of the agreement as provided herein.
8. NON DEBARRED CONTRACTORS AND SUBCONTRACTORS
The Contractor and all of its subcontractors shall, at the time of bid opening and for performance of this public works contract, be non-debarred contractors and not be ineligible Contractors pursuant to Public Contract Code section 6109 and Labor Code sections 1777.1 and 1777.7.
9. LABOR LAW REQUIREMENTS
Prior to the start of construction, the Contractor and each subcontractor shall submit to the Redlands Regular Meeting of 09-17-24
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BD 8
City an executed Checklist of Labor Law Requirements, included within Appendix A, certifying that each Contractor and Subcontractor will comply with the foregoing Labor Law requirements; and fully understands that failure to comply with these requirements will subject it to the penalties cited herein.
By submitting a bid, the prime contractor and subcontractors involved in this project assure that they intend to comply with the labor law requirements noted within Appendix A, fully understanding that failure to comply may subject them to penalties as noted.
10. BID PROTEST PROCEDURES
Any bid protest must be in writing and received by the City Clerk’s Office at 35 Cajon Street, Suite 4, Redlands, CA 92373, before 5:00 p.m. no later than two working days following the bid opening (the “Bid Protest Deadline”) and must comply with the following requirements:
10.1 General. Only a bidder who has actually submitted a Bid Proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. If required by City, the protesting bidder must submit a non- refundable fee in the amount specified by City, based upon City’s reasonable costs to administer the bid protest. Any such fee must be submitted to City no later than the Bid Protest Deadline, unless otherwise specified. For purposes of this Section, a “working day” means a day that City is open for normal business, and excludes weekends and holidays as observed by the City.
10.2 Protest Contents. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the person representing the protesting bidder if different from the protesting bidder.
10.3 Copy to Protested Bidder. A copy of the protest and all supporting documents must be concurrently transmitted by fax or by email, by or before the Bid Protest Deadline, to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending on the outcome of the protest.
10.4 Response to Protest. The protested bidder may submit a written response to the protest, provided the response is received by the City Clerk’s Office before 5:00 p.m., within two working days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must include all supporting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and t elephone number of the person representing the protested bidder if different from the protested bidder.
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BD 9
10.5 Copy of Protesting Bidder. A copy of the response and all supporting documents must be concurrently transmitted by fax or by email, by or before the Bid Protest Deadline, to the protesting bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest.
10.6 Exclusive Remedy. The procedure and time limits set forth in this section are mandatory and are the bidder’s sole and exclusive remedy in the event of a bid protest. A bidder’s failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings.
10.7 Right to Award. The City Council reserves the right to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a notice to proceed with the Contract notwithstanding any pending or continuing challenge to its determination.
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BD 10
PROPOSAL
TO: THE CITY OF REDLANDS, SAN BERNARDINO COUNTY, CALIFORNIA herein called the “City”.
Pursuant to and in compliance with your Notice Inviting Bids, and the other documents relating thereto, the undersigned Bidder, having familiarized themselves with the terms of the Contract, the local conditions affecting the performance of the Contract and the cost of the work at the place where the work is to be done, and with the plans thereto, hereby proposes and agrees to perform within the time stipulated, the Contract, including all of its component parts and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, equipment and all utility and transportation services necessary to perform the contract, and complete in a workmanlike manner, all of the work covered by the contract in connection with the City’s Project identified as
2024 Alley Paving Improvement Project
Project No. 211910
NOTE: Bidders must bid each item in this schedule. All entries in the entire PROPOSAL must be made clearly and in ink. Mistakes shall be lined through and the correct amount written above and initialed by the authorized agent of the Bidder.
BID SCHEDULE
(See “Section 01200 – Measurement and Payment” for Bid Item description) Item
No. Brief Description Estimated
Quantity
Unit Price
(If Applicable) Total Price in Figures
1 Mobilization (Maximum 5%
of Total Bid Schedule Price)
LUMP
SUM N/A $______________________
2 Erosion Control LUMP
SUM N/A $______________________
3 Survey (Construction Stake) LUMP
SUM N/A $______________________
4 Removal of all trash and debris,
shrubs, bushes, tree stumps,
existing pavement, pavement
grindings from right away
LUMP
SUM N/A $______________________
5 Construct 2.5” AC Over 4”
Aggregate Base, Compact Top
6” to 95% Compaction
40,490 SF $_________/SF $______________________
6 Construct 2’ Wide V-Gutter 2,880 LF $_________/LF $______________________ Redlands Regular Meeting of 09-17-24
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BD 11
BID SCHEDULE (CONTINUED)
(See “Section 01200 – Measurement and Payment” for Bid Item description) Item
No. Brief Description Estimated
Quantity
Unit Price
(If Applicable) Total Price in Figures
7 Construct V-Gutter Transition 8 EA $_________/EA $______________________ 8 Remove and Replace Driveway,
6” Thick PCC (560-C-3250),
Compact Top 6” to 95%
Compaction
335 SF $_________/SF $______________________
9 Adjust Manhole to Grade. City
to Provide New MH Frame and
Cover as Needed.
7 EA $_________/EA $______________________
10 Construct New Concrete Collar 7 EA $_________/EA $______________________ 11 Demobilization LUMP
SUM N/A $______________________
TOTAL BID SCHEDULE PRICE $______________________
Last Minute Additions/Deductions*__________________________________________ Bid Item No.________ Last Minute Additions/Deductions*__________________________________________ Bid Item No.________ Last Minute Additions/Deductions*__________________________________________ Bid Item No.________
BID SCHEDULE TOTAL PRICE: $_______________________________________________________
BID SCHEDULE TOTAL PRICE WRITTEN IN WORDS: ________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________
* Provision is made here for the Bidder to include an addition or deduction in its bid, if it wishes, to reflect any last-minute adjustments in prices. The addition or deduction, if made, will be proportionately applied to the Progress Payments total for the respective item in the Schedule of Prices, the amount being added or deducted for each monthly payment. The unit prices entered in the Schedule of Prices will not be affected.
LOW BID DETERMINATION:
The low bid will be determined pursuant to Public Contract Code Section 20103.8 as the lowest bid price on the Bid Schedule Total Price on page BD 11. A responsible bidder who submits the lowest bid as determined by the above method shall be awarded the contract, if it is awarded, by the City Council of the City of Redlands.
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BD 12
ADDENDA
Receipt of the following addenda is hereby acknowledged and the same is included in the Bid Price:
Addendum #1___________ Addendum #2___________ Addendum #3____________ (initials) (initials) (initials)
Addendum #4___________ Addendum #5___________ Addendum #6____________ (initials) (initials) (initials)
ATTEST: (if Corporation)
(Corporation Seal)
___________________________________ _____________________________________ Company Name Signature
____________________________________ _____________________________________ Address Name
____________________________________ _____________________________________ City, State, Zip Title
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BD 13
BID CERTIFICATION
The undersigned certifies that they are familiar with the various State and local laws affecting labor, length of working days, employer's liabilities, Sunday work, alien labor, domestic materials, Subcontractors, etc.
It is understood and agreed that the work under the contract will be commenced by the undersigned Bidder, if awarded the contract, within ten (10) calendar days from the date in the Notice to Proceed and will be completed by the Contractor in the time set forth in the CONTRACT.
Enclosed find Bidders bond or certified or cashier's check No. _________________ on the __________________________________ Bank, in the amount of ______________________ _______________________ which is not less than ten percent (10%) of the Bid submitted by the undersigned, made payable to the City of Redlands, California and which is given as a guarantee that the Bidder agrees that in case of their default in executing said contract with necessary bonds, the bond or check accompanying this Bid and the mone y made payable shall become and remain the property of the City of Redlands.
It is understood and agreed that the City of Redlands has the right to waive defects or irregularities and to accept or reject any or all Bids. No Bidder may withdraw their Bid for a period of sixty (60) days after the time of the Bid Opening except as allowed by the California Public Contract Code.
The following information, required by State law under penalty of perjury, is true and correct. Failure to complete this information renders the bid non-responsive, and the bid must be rejected.
____________________________________ _______________________________________ Company Name Signature
____________________________________ _______________________________________ Address Signatory's Title
____________________________________ _______________________________________ City, State, Zip State License Number and Class
____________________________________ _______________________________________ Telephone Number License Expiration Date
Dated this ________________ day of ___________________, 20___.
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BD 14
BID BOND
KNOW ALL PERSONS BY THESE PRESENTS,
That ______________________________________________________________ as Principal, and ______________________________________ as Surety, are held and firmly bound unto the City of Redlands, hereinafter called City, in the sum of ____________________________ __________ dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, said Principal has submitted a bid to said City to perform all work required under the Project No. 211910.
NOW, THEREFORE, if said Principal is awarded a contract by said City and, within the time and in the manner required under the heading "Instructions to Bidders" bound with said Specifications, enters into a written contract on the form of agreement bound with said Specifications and furnishes the required bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials; then this obligations shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by said City and Judgment is recovered, said Surety shall pay all costs incurred by said City in such suit, including a reasonable attorney's fee to be fixed by the court.
SIGNED AND SEALED, this _________ day of _____________________________, 20____.
______________________________(SEAL) _______________________________(SEAL) (Principal) (Surety)
By:_________________________________ By:__________________________________ (Signature) (Signature)
Address:______________________________
_____________________________________
Telephone (___)________________________
(Seal and Notarial Acknowledgment of Surety)
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BD 15
STATEMENT BY BIDDER
NON-COLLUSION AFFIDAVIT
STATE OF )
) ss
COUNTY OF )
, being first duly sworn, deposes and says that
he is
(Sole Owner, a Partner, President, Secretary, etc.)
of
(Contractor)
the party making the foregoing bid on Project No. 211910 that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or of any other Bidder or to fix any overhead, profit, or cost element of the bid price or of that of another bidder, o r to secure any advantage against the public body awarding the Contract of anyone interested in the proposed contract; that all statements contained in such bid are true; and further, that the Bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
By: ______________________________ Title: ________________________________
Subscribed and sworn to before me this day of __________________________, 20 .
Signature of Officer Administering Oath
(Notary Public)
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BD 16
STATEMENT BY BIDDER
OFFICERS OF CORPORATION (Members of Firm)
The names of all persons interested in the foregoing proposals as principals, are as follows:
(IMPORTANT NOTICE - if Bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer and manager thereof; if a co-partnership, state true name of firm, also names of all individual co-partners composing firm; if Bidder or other interested person is an individual, state first and last names in full).
_____________________________________ _____________________________________
_____________________________________ _____________________________________
_____________________________________ _____________________________________
Licensed in accordance with an act providing for the Registration of Contractors, License
No. ______________________________________.
Signature of Bidder Dated
NOTE: If Bidder is a corporation, the legal name of the corporation shall be set forth above, together with the signature of the officer(s) authorized to sign contracts on behalf of the corporation; if Bidder is a co-partnership, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership, and if the Bidder is an individual, that signature shall be placed above.
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BD 17
STATEMENT BY BIDDER
SUB-CONTRACTORS LIST
Bidder supplies the following information for any Subcontractor who will perform work or labor or render services to the prime contractor, etc. to be used on Project No. 211910, all in accordance with Section 4104 of the California Public Contract Code.
LICENSED SUBCONTRACTOR’S NAME
AND BUSINESS ADDRESS
LICENSE #
SPECIFIC
DESCRIPTION
OF SUBCONTRACT
& BID ITEM #
% OF BID
ITEM TO BE
PERFORMED
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BD 18
STATEMENT BY BIDDER
QUALIFICATION AND EXPERIENCE STATEMENT
The following outline is a record of the undersigned Bidder's experience in construction of three (3) projects of a type similar in magnitude and character to that contemplated under Project No. 211910 within the past two years. Include the location of each project as well as the name, address, and phone number of the owner, and name of individual to contact.
Subcontractors performing in excess of one half of one percent of the prime Contractor’s total bid, or in the construction of streets or highways, one half of one percent of the prime contractor’s total bid or ten th ousand dollars ($10,000), which ever is greater shall provide a similar outline.
Additional pages outlining this portion of the Bid may be attached. Failure to provide this statement may result in rejection of the bid by the City of Redlands.
1. Owner's Name:
Contact Person: Phone: ( ) Address of Owner:
Project Description:
Amount of Contract: Completion Date:
2. Owner's Name:
Contact Person: Phone: ( ) Address of Owner:
Project Description:
Amount of Contract: Completion Date:
3. Owner's Name:
Contact Person: Phone: ( ) Address of Owner:
Project Description:
Amount of Contract: Completion Date:
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BD 19
STATEMENT BY BIDDER
GENERAL INFORMATION
1. Bidder's Mailing Address
2. Number of years engaged in the contracting business under your present firm or trade name:
3. Have you ever failed to complete any work awarded to you? (Yes or No) . If yes, provide details in the space provided in Item 10.
4. Have you ever defaulted on a contract? (Yes or No) . If yes, provide details in the space provided in Item 10.
5. Have you ever been a party to a lawsuit or gone to arbitration during the last 5 years? (Yes or No) . If yes, provide details in the space provided in Item 10.
6. Has any Stop Notice been filed against you during the last 5 years? (Yes or No) . If yes, provide details in the space provided in Item 10.
7. Has your contractor's license ever been suspended, revoked, or subject to disciplinary action? (Yes or No) . If yes, provide details in the space provided in Item 10.
8. Contracts currently on hand:
Agency Name Amount of Contract Start Date Completion Date
9. Enter the name of person(s) who inspected the site of the proposed work for your firm and the date of said site inspection.
Name: Date:
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BD 20
10. In the space provided, the Bidder shall provide details concerning any "Yes" answers provided in this "General Information" section. Details shall include, but not be limited to, the nature of dispute, name of the agency involved and the final outcome. I f requested by the City, the Bidder shall supply additional information, sufficiently detailed, to permit evaluation of the Bidder's ability to perform the work.
Question
Number Details
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CONTRACT DOCUMENTS
(CD)
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PUBLIC WORKS CONSTRUCTION CONTRACT
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PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract (“Contract”) is made and entered into this ___ day of ____________, 2024, by and between the City of Redlands , a municipal c orporation, organized and existing under the laws of the State of California (hereinafter “City”), and __________________ (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”
In consideration of the mutual promises contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: 2024 Alley Paving Improvement Project, complete all items as required by the Contract Documents (as herein defined) and Specifications for City’s 2024 Alley Paving Improvement Project, Project No. 211910 (the “Work”).
2. CONTRACT SUM: City shall pay Contractor the sum of ___________________ dollars ($___________) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300.
3. TIME FOR COMPLETION: The Work shall be completed within 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 being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of Five Hundred dollars/cents ($500) for each working day as defined in Section 1 -2 of the Standard Specifications for Public Works Construction “Greenbook” in excess of the specified time for completion of the Work. Execution of this Contract shall constitute agreement by City and Contractor that Five Hundred dollars ($500) per day is the estimated damage to City caused by the failure of Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs.
5. CONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice Inviting Bids, Instructions to Bidders, Contractor’s Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively, the “Contract Documents”).
6. ATTORNEYS' FEES: In the event any action is commenced to enforce or interpret the terms or conditions of this Contract, or the Contract Documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys’ fees, including fees for use of in-house counsel by a Party.
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 Redlands Regular Meeting of 09-17-24
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Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor.
8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project.
9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound.
10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents.
11. SEVERABILITY: Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor.
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IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above.
CITY OF REDLANDS
(SEAL)
By:____________________________________
Eddie Tejeda, Mayor
ATTEST:
____________________________________
Jeanne Donaldson, City Clerk
(SEAL)
__________________________________________
Name of Contractor
By:_______________________________________
Signature of Authorized Agent
__________________________________________
Title
__________________________________________
Signature of Authorized Agent (if necessary)
__________________________________________
Title
__________________________________________
Contractor's License No.
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WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities and Engineering Department
2024 Alley Paving Improvement Project
Project No. 211910
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
a. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. b. By securing from the Director of Industrial Relations, a certificate of consent to self - insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.
CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self -insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).
_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers’ compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.
Dated this day of , 2024. _____________________________________
(Contractor)
_____________________________________
(Signature)
_____________________________________
(Official Title)
(SEAL)
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.)
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FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands (“City”), State of California, and ______________ (hereinafter designated as "Principal") have entered into an agreement dated _____, 2024 (“Agreement”) whereby Principal agrees to install and complete certain public improvements (the “Work”), which said Agreement is identified as 2024 Alley Paving Improvement Project, Project No. 211910 and is hereby referred to and made a part hereof; and
Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Work, now, therefore, we, the Principal and , _____________________________, as Surety, are held and firmly bound unto the City in the penal sum of ________________________________ dollars ($_______________) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall faithfully fulfill the one -year guarantee of all materials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered.
As a condition precedent to the satisfactory completion of the Work, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains.
Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City’s option:
1. Complete the Work in accordance with its terms and conditions; or
2. Obtain a bid or bids for completing the Work in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the Redlands Regular Meeting of 09-17-24
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amount set forth above. The term “balance of the Agreement price,” as used in this paragraph, shall mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal.
Surety shall not utilize the Principal in completing the Work nor shall Surety accept a bid from the Principal for completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City’s objection to the Principal’s further participation in the completion of the Work.
No right of action shall accrue on the bond to or for the use of any person or corporation other than the City named herein or the successors or assigns of the City. Any suit under this bond must be instituted within the applicable statute of limitations period.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.
No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.
The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City’s reasonable attorneys’ fees incurred, with or without suit, in addition to the above sum.
In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on , 2024.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:___________________________________
__________________________________________
(Seal and Notarial Acknowledgment of
Surety)
Telephone ( )___________________________
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LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and ________________ (hereinafter designated as “Principal”) have entered into an agreement (the “Agreement”) whereby Principal agrees to install and complete certain designated public improvements (the “Work”), which said agreement, dated ____________, 2024, and identified as 2024 Alley Paving Improvement Project, Project No. 211910 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 ______________ dollars ($_____) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.
In witness whereof, this instrument has been duly executed by the Principal and surety above named, on _______________________, 2024.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:_____________________________
(Seal and Notarial Acknowledgement of Surety) ____________________________________ Telephone: ( )___________________
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GP 3
GENERAL CONDITIONS
(GC)
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GC 1
GENERAL CONDITIONS
The Standard Specifications for Public Works Constructions, 2021 Edition (Greenbook), together with supplements as published by Building News, Inc., are modified herein and comprise the Standard Specifications. For convenience, the section and subsection numbering system used in these modifications correspond to those used in the Greenbook. Unless specifically deleted or modified herein, all requirements of the Greenbook shall prevail.
SECTION 1 – GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS,
UNITS OF MEASURE, AND SYMBOLS
1-2 TERMS AND DEFINITIONS.
Agency - Amend as follows:
“The legal entity (City) for which the Work is being performed.”
Bidder - Amend as follows:
“Any individual, firm, partnership, corporation, or combination thereof, licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions Code, submitting a Bid for the Work, acting directly or through a duly authorized representative.”
City. The City of Redlands, San Bernardino County, California, being the legal entity for which the Work is being performed. Also referred to as Agency or Owner.
City Council. The City Council of the City of Redlands, San Bernardino County, California, being the body authorizing entrance into legal agreements and allowing work in public right -of- way or on public property controlled by the City of Redlands. Also referred to as Board.
Engineer - Amend as follows:
“The City Engineer of the Agency, or other person designated by the City Engineer, acting either directly or through authorized agents.”
Fabricated. An item specifically assembled or made out of selected materials to meet individual design requirements.
Guarantee. See Warranty.
Laboratory. The designated laboratory authorized by the City of Redlands to test materials and work involved in the Contract.
Manufactured. A standard mass-produced unit or item meeting design requirements.
Owner. The City of Redlands, San Bernardino County, California.
Pavement. The uppermost layer of material placed on the traveled way or shoulder. Also referred to as surfacing.
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Rain Day. A scheduled working day wh en you cannot perform work on the controlling activity for at least 50 percent of the day with at least 50 percent of the normal labor and equipment due to adverse weather-related conditions that cause the Contractor to dismiss the crew.
Street - Delete and replace with the following:
“Any road, highway, parkway, freeway, avenue, street, lane, alley, crossing, intersection, court, place, circle, walk, way, or any public right-of-way within the jurisdiction of the Agency.”
Surety - Delete and replace with the following:
“An admitted corporate surety as listed by the United States Department of Treasury and duly licensed to conduct business in the State of California and County of San Bernardino and acceptable to the City of Redlands, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred.”
Warranty. An extended insurance by the Contractor, of any product or item of work installed as a part of this project for replacement and/or repair for the time period specified, including but not limited to, all parts, labor, materials, tools, equipment costs, etc. necessary for the product or item of work to be in proper and acceptable working condition after completion of the project. For the purposes of this Contract, the period of coverage shall begin on the date of the Notice of Completion filed by the Owner.
Working Hours. Unless specified otherwise, working hours shall be from 7:00 AM to 4:00 PM, Monday through Friday, inclusive. Saturdays, Sundays, and City Holidays, as shown on the current year Construction Schedule, are excluded unless authorized by the City.
1-7.2 CONTRACT BONDS. - Add the following sentence to paragraph 1:
The warranty provisions set forth in Section 7-18 shall be secured by the Contract Performance Bond required under this section and said Bond shall remain in full force and effect for a period of one year from the date of completion as specified in the Notice of Completion.
SECTION 2 - SCOPE OF THE WORK
2-2 PERMITS. - Amend the following:
Amend the first sentence of paragraph 1 as follows:
“The Contractor will obtain all permits necessary to perform the work in streets, highways, railways or other rights-of-way.”
Add the following sentence between the first and second sentences of paragraph 1:
For all work within Caltrans right -of-way, the Contractor shall obtain their own Caltrans Encroachment Permit and pay all necessary permit and inspection fees as required by Caltrans.
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Add the following paragraph:
The Contractor shall, prior to the start of work, procure all permits and licenses, including but not limited to, a City Business License for itself, subcontractors, and all parties performing actions associated with this contract within the City of Redlands , City Truck Route Permit, City Street/Lane Closure Permit, City Encroachment Permit, USA Verification Number, DOSH Excavation Permit, other permits required by agencies and/or utilities having jurisdiction on the work, pay all charges and fees required by the City, other agencies and utilities, and give all notices necessary and incidental to the due and lawful prosecution of the work. All City permits associated with this project are no fee to the Contractor.
SECTION 3 - CONTROL OF THE WORK
3-7 CONTRACT DOCUMENTS.
3-7.1 General. – Add the following paragraphs:
Contractor’s working drawings or plans for any structure not included in the plans shall be approved by the Engineer before any work is performed. It is mutually agreed that approval by the Engineer of the Contractor’s working plans does not relieve the Contractor of any responsibility for accuracy of dimensions and details, and that the Contractor shall be responsible for agreement and conformity of their working plans with the approved plans and specifications.
Finished surfaces in all cases shall conform with the lines, grades, cross sections, and dimensions shown on the approved plans. Deviations from the approved plans will be determined by the Engineer and approved in writing. In the event of a discrepancy between any drawing and the figures written thereon, the figures shall be taken as correct.
Should it appear that the work to be done or any matter thereto is not sufficiently detailed or explained by the plans and specification, the Contractor shall apply to the Engineer for such further explanation as may be necessary and shall conform to such explanation or interpretation as part of the Contract so far as may be consistent with the intent of the original plans and specifications.
3-7.1.1 Preconstruction Meeting. The Contractor to whom the contract is awarded, and all his major subcontractors, shall attend a pre -construction meeting. The time and location of said meeting will be set by the City. Contractor will be given adequate notice of such meeting. It shall be the Contractor's responsibility to notify his subcontractors of the time and location of the meeting. All submittals as required under the General Requirements shall be submitted by the Contractor at the time of the meeting.
The Contractor will be provided with an electronic (.PDF file) of the conformed plans and specifications for their use throughout the project. Contractor is responsible for all costs of reproduction.
Progress meetings will be scheduled by the City. The Contractor will be given at least five working days notice of the time and location of said meetings. The Contractor has the responsibility of notifying his subcontractors, suppliers, and fabricators o f the time and location of said meetings.
Meetings will be held either at the job site, at the offices of the City of Redlands, or at any other Redlands Regular Meeting of 09-17-24
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location approved by the City. The Contractor may request, in writing, that a meeting be held.
The City will schedule a meeting at the Contractor’s request not more than five working days after receiving said written notice.
3-7.2 Precedence of Contract Documents. – Replace paragraph 2 with the following:
The precedence shall be (A. being highest, O. being lowest):
A. Permits from other Agencies as may be required by law.
B. Change Orders.
C. Contract.
D. Addenda.
E. Bid Schedule/Proposal.
F. General Requirements.
G. Technical Specifications.
H. Plans.
I. MUED General Permit Conditions and Trench Specifications.
J. City of Redlands Water & Sewer Systems Standard Specifications.
K. General Conditions.
L. City of Redlands Standard Specifications and Detail Drawings for Design and Construction of Public Improvements and all Supplements
M. Standard Specifications for Public Works Construction (SSPWC), 2018 Edition N. Standard Plans for Public Works Construction, 2012 Edition O. Reference Specifications.
3-8.7 Record Drawings. The Contractor shall maintain at the job site, a set of record drawings for the work showing: exact location information of all existing underground utilities encountered, final locations determined in the field, any deviations from the plans and specifi cations and new work performed within the work area; and all differences between the work as drawn and as installed for all concealed work as well as work added which is not shown on the drawings. Concealed work shall mean all work installed underground or in an area which cannot be readily inspected by use of access panels, inspection plates or other removable features. When vacuum excavation (potholing) services are required, contractor to provide report that identifies depth and alignment of underground utilities.
These record drawings shall be kept current and legible, and shall be available for inspection at all times by the Engineer, Architect and Contractor. All information, changes in the work or work added on these record drawings shall be marked in red. All markings shall use the same legends that are used on the drawings. Indicate locations by exact dimensions and elevations. Give dimensions and elevations from a permanent reference point and prepare all changes to scale.
At the end of construction, the contractor shall prepare one set of marked -up prints of the record drawings indicating any and all revisions and changes to the drawings reflecting As-Built conditions.
The drawings shall also contain a listing of all subcontractors who worked on the construction project.
The As-Built drawings will be submitted to the Municipal Utilities and Engineering Department for review and approval by the City Inspector and Engineer.
The design engineer or City staff shall prepare the final As-Built drawings for record purposes in one of the following two ways: (1) Check out the original drawings from the City and manually revise the Redlands Regular Meeting of 09-17-24
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drawings to reflect the As-Built condition; or (2) Re-plot the original drawings electronically on 4 mil mylars and make revision s electronically to reflect the As-Built conditions. The final As -Built drawings will be reviewed and approved by the City Inspector and Engineer
The construction related bonds will not be released by the City until the As-Built drawings are accepted by the Engineer and all City stipulated conditions for the release of the bonds have been satisfied.
3-10 SURVEYING.
3-10.3 Line and Grade. - Add the following sentences to paragraph 1:
All distances and measurements shown are and will be made in a horizontal plane. Construction line and grade staking shall be set at maximum intervals of 25 feet when the grade is 0.50 percent or greater. Construction line and grade staking shall be set at maximum intervals of 12 feet when the grade is less than 0.50 percent.
3-10.4 Permanent Survey Markers.
The Registered (licensed) Land Surveyor or Registered Civil Engineer authorized to practice land surveying in accordance with all provisions of Section 8771 of the Business and Profession Code shall be hired as a subcontractor or employed by the Contractor.
3-10.5 Survey Service.
Contractor shall be responsible for: furnishing all surveying and staking, horizontal and vertical, as shown on the plans and in accordance with the specifications; furnishing all staking for sub-grade and base course grades per typical sections; replacing any existing monuments and ties which have been destroyed by construction; identifying, locating and tying out all monuments and ties necessary within the work area; and shall reinstall all disturbed monuments and ties, supplying the Engineer with copies of monument and tie sheets recorded with the County Surveyor in accordance with applicable State law. Monuments shall be approved by the Engineer.
Surveying and staking shall be done by a Registered (licensed) Land Surveyor or Registered Civil Engineer authorized to practice land surveying in accordance with all provisions of Section 8771 of the Business and Professions Code.
Unless otherwise specified, stakes will be set and stationed by the Contractor’s surveyor for curbs, headers, sewers, storm drains, structures, rough grade and all other staking necessary for the construction of the work. A corresponding cut or fill to finished grade (or flowline) will be indicated on a grade sheet to be supplied to the Engineer. The Contractor shall dig all holes necessary for line and grade stakes.
3-13 COMPLETION, ACCEPTANCE, AND WARRANTY.
3-13.2 Acceptance. - Add the following paragraphs:
The Contractor shall submit written assertion that the work has been completed prior to the Engineer making final inspection. The Engineer will have 48 hours to inspect the work. If the Engineer determines that the work is not complete, written notice will be given.
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Until final acceptance of work by the Engineer, the Contractor shall have charge and care thereof from damage caused by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damage to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof.
All work which has been rejected shall be remedied or removed and replaced by the Contractor at their expense with work conforming to the plans and specifications. Any defective material or workmanship which may be discovered before final acceptance or within one year from the date of final acceptance shall be immediately corrected by the Contractor at their expense, notwithstanding that it may have been overlooked in previous inspections and estimates. Failure to inspect work at any stage shall not relieve the Contractor from any obligation to perform sound and reliable work as herein described. It is the Contractor ’s ultimate responsibility to deliver a complete, operational project that complies in all details with these specifications, at the time of final acceptance.
Any omission or failure on the part of the City to discover or notify the Contractor of or to condemn defective work or material at the time of construction shall not be deemed as acceptance, and the Contractor will be required to correct defective work or material prior to final acceptance.
The City will endeavor to locate any errors or defective materials or workmanship and call them to the attention of the Contractor prior to subsequent work being performed. However, the City is under no obligation to do so and shall not be held liable because errors or defective material or workmanship by the Contractor are not discovered prior to subsequent work.
Nothing in this section shall be construed to limit the rights of the City to immediately correct conditions which are unsafe or which pose a public health nuisance. Should said corrections later be found to be caused by defective material and/or workmanship, the Contractor and their surety shall reimburse the City for costs reasonably incurred while attending the situation.
In the event it is necessary for the City to file suit to enforce any liability of the Contractor pursuant to this Section, the City shall be entitled to recover from the Contractor, in addition to all other amounts found due and owing, costs of suit and reasonable expenses and fees including reasonable attorneys’ fees incurred by the City in successfully enforcing the Contractor’s obligation, all to be taxed as costs and included in any judgment rendered.
3-13.3 Warranty. - Amend the following:
Amend the first sentence of the paragraph 3:
“The warranty period for specific items covered under manufacturers’ or suppliers’ warranties shall commence from the date of the final acceptance, except where longer warranty periods are specified.”
Add the following paragraphs:
All start-up and testing shall be complete, approved and accepted before final acceptance, substantial completion, or beneficial occupancy.
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The warranty provided herein shall not be in lieu of, but shall be in addition to any warranties or other obligations otherwise imposed by the specifications or by law. The remedies provided herein shall not be exclusive and the City shall be entitled to any and all remedies provided by law.
3-14 INSPECTION.
The Contractor shall notify the Engineer at least 24 hours in advance before inspection is required.
Whenever the Contractor varies the period during which work is carried on each day, due notice shall be given to the Engineer so that proper inspection may be provided. Varied working hours may be allowed only upon written authorization from the Engineer.
Work financed in whole or in part with funds from another public entity or performed within the jurisdiction of another public entity shall be subject to inspection at all times by authorized representatives of that entity.
The work shall be ready for inspection, whether by City, other public entities or independent testing laboratories, at the scheduled times arranged by the Contractor. If, in the City’s sole judgment, the work is not ready and the inspection must be rescheduled, the Contractor shall be notified. The Contractor shall reschedule the inspection and provide the proper 24 hour notification for the rescheduled inspection. Any costs incurred by the City fo r rescheduled inspections shall be reimbursed prior to the release of Bonds.
In order to allow for inspection, the Contractor shall notify the City’s inspector sufficiently in advance of the permanent concealment of any materials or work. The City ’s inspector shall make the appropriate notifications to other public entities and independent testing laboratories for inspections.
All inspections required in the specifications for this project shall be coordinated through the City’s inspector.
If any work is concealed or performed without the prior notice specified, the work shall be subject to such tests or exposure as may be necessary to prove to the City, Architect and Engineer, that the materials used and the work performed are in conformity with the drawings and specifications. All labor, tools, materials and equipment necessary for exposing and testing shall be furnished by the Contractor at their expense. The Contractor shall replace at their expense, any materials or work damaged by exposure or testing.
Overtime inspection may be requested by the Contractor. Overtime inspection includes but is not limited to, any hours worked outside of the inspector’s normal working hours including weekends and holidays. Such requests shall be on a case-by-case basis as determined by the Engineer. If the Engineer so determines and approves, overtime inspection shall be paid for by the Contractor at the current City billing rate at the time of request or as billed by other public entities or independent testing laboratories. Any costs incurred by the City for overtime inspection shall be reimbursed prior to the release of Bonds.
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SECTION 4 - CONTROL OF MATERIALS
4-1 GENERAL. - Delete and replace with the following:
Should any work performed or material furnished under the Contract prove defective or not in accordance with the Plans and Specifications and in the opinion of the Engineer such defect is not of sufficient magnitude or importance to make the work dangerous or unusable, or if the removal of such work is impracticable or will create dangerous or undesirable conditions, the Engineer at his discretion shall have the right and authority to retain such work instead of requiring it to be removed and reconstructed, but he shall make such deductions therefore in the payment due the Contractor as may be just and reasonable.
4-1.1 Warranty of Title. No materials, supplies or equipment for the work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants clear and good title to all materials supplied and equipment installed and incorporated in the work and agrees, upon completion of all work, to deliver the premises, together with all improvements and appurtenances constructed or placed thereon by him, to the Owner free from any claims, liens, encumbrances or charges, and further agrees that neither he nor any person, firm, or corporation furnishing any material or labor for work covered by the Contract shall have any right to a lien upon the premises or any improvement or appurtenance thereon, provided that this shall not preclude the Contractor from installing metering devices or other equipment of utility companies the title of which is commonly retained by the utility company. Nothing contained in this article, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond given by the Contractor for their protection, or any right under any law permitting such persons to look to funds due the Contractor, which are in the hands of the Owner.
4-1.2 Clayton Act. In submitting a bid to the City, if the bid is accepted the Contractor agrees it will assign to the City all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Section 15) or under the Cartwright Act (chapter 2 [commencing with Se ction 16700] of Part 2 Division 7 of the Business and Professionals Code), arising from purchases of goods, materials, or services by the Bidder for sale to the City pursuant to the bid. Such assignment shall be made and become effective at the time the City tenders final payment to the Bidder.
SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITES
5-1.1 CONTRACTOR’S EQUIPMENT AND FACILITIES.
A noise level limit of 86 dbA at a distance of 15 m (50 feet) shall apply to all construction equipment on or related to the work whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided, except in those cases required for the protection of personnel.
5-1.2 General.
The enclosed toilets required by this section shall be located within an approved yard, if one is acquired by the Contractor. If a yard is not acquired by the Contractor or the project is not within a Redlands Regular Meeting of 09-17-24
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City owned property, the toilets must be installed on a trailer and removed from the jobsite each day.
At no times shall toilets be stored within the public right of way outside of working hours.
5-3 LABOR. - Amend the following:
5-3.1 General. - Add the following paragraphs:
Employment of apprentices are required on projects of $30,000 or more . Provisions in Sections 1777.5 of the California Labor Code fixes responsibility of compliance with that section for all apprenticeable occupations with the Contractor. Section 1777.5 provides that the Contractor and every Subcontractor shall submit contract award information to the applicable joint apprenticeship committee. One apprentice hour for every five journeymen hours worked is the minimum State requirement applicable to each apprenticeable trade. Section 1777.7 of said Labor Code provides that the Contractor shall forfeit as a civil penalty the sum of one hundred dollars ($100.00) for each calendar day of noncompliance with provision of said Section 1777.5.
The Contractor will observe all applicable health and safety requirements, including, but not limited to the California and Federal Occupational Safety and Health Acts. The Contractor shall submit for review by the City a Site Specific Health and Safety Plan prior to the commencement of construction activities. This Plan shall meet or exceed the requirements of 29 CFR 1910.120.
5-3.2 Prevailing Wages. - Add the following paragraphs:
Contractors are hereby notified that pursuant to Section 1770 of the Labor Code of the State of California, the City Council of the City of Redlands, California, by Resolution No. 2326, has ascertained the general prevailing rate of hourly wages and rates for legal holidays and overtime work in the locality where this work is to be performed, for each craft or type of workman or mechanic needed to execute the Contract which will be awarded to the successful Bidder. The Contractor shall comply with Sections 1770 to 1780 inclusive of the Labor Code and Master Labor Agreement of Southern California.
The Contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this Contract in full less legally required deductions and also deductions made pursuant to the regulations prescribed under the so-called “Kick- Back Statute” (48 Sta. 948; U.S.C. 875; 40 U.S.C. 276c).
In accordance with Section 1775 of the California Labor code, Contractor shall forfeit to City, as a penalty, a minimum of $40 for each day, or portion thereof, and a maximum of $200 for each day, or portion thereof, for each worker paid, either by Contrac tor, or any subcontractor, less than the prevailing rates as determined by the Director of the California Department of Industrial Relations for the work.
Contractor further agrees to fully comply with all applicable provisions of the California Labor Code including but not limited to Sections 1771, 1775, 1776, 1777.5, 1813 and 1815. Failure to abide by prevailing wages and laws by Contractor will be enforced.
The Contractor or subcontractor shall, as a penalty, to the State or political subdivision on whose behalf the contract is made or awarded forfeit twenty-five ($25) dollars for each worker employed in Redlands Regular Meeting of 09-17-24
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the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any calendar work in violation of Labor Code section 1813.
5-3.3 Payroll Records. – Delete and replace with the following:
The contractor and subcontractors shall submit electronic certified payroll on a weekly basis to the City of Redlands through LCPtracker. LCPtracker is a web -based labor compliance management system. The Prime Contractor and Subcontractors and lower-tier Subcontractors will receive an email from LCPtracker providing their log-on identification and temporary password. The Contractors will need to follow the instructions in the email to set -up their permanent password and activate their account. Once their account is setup, LCPtracker Inc. provides either computer based or web based training. Training can be accessed via the “Book Now” button located under the “Projects” tab. The prime contractor shall submit their certified payroll, along with any subcontractor who is performing any labor, on a weekly basis. The prime contractor is responsible for all communication with their subcontractors and shall submit their subcontractor’s certified payroll as part of their weekly payroll packet. All labor compliance correspondence and submissions will be made through the LCPtracker software.
All certified payroll shall be submitted no later than 7 days from the close of the pay period. The payroll records shall set out accurately and completely the name, social security number, classification and hourly wage rate of each employee, hours worked by employee during the payroll period and a full weekly wages and the actual weekly wages paid to the employee. Such certified payroll records shall be made available at all time for inspection by the City, the Department of Industrial Relations, the Department of Labor or authorized representatives within ten days of request. The contractor and subcontractor shall preserve weekly payroll records for a period of three (3) years from the date of completion of the Contract. In case on noncompliance with said Section 1776 and after a ten-day period following receipt of written notice, the Contractor shall forfeit to the California Department of Industrial Relations one hundred dollars ($100.00) for each calendar day or portion thereof, for each worker in non-compliance, until compliance is effectuated.
In order to meet labor compliance requirements, all contractors will be required to complete eDocuments which are accessed, submitted and approved through LCPtracker. All eDocuments are required to be signed by an owner/officer or authorized signer. The Pr ime Contractor and each Subcontractor and every lower-tier Subcontractor and any Vendors subject to this provision shall comply with Title 8, Section 16404 of the California Code of Regulations.
A Fringe Benefit Statement shall be submitted with the first payroll and is required for both the prime contractor and any subcontractors. A new Fringe Benefit Statement will be required when general determinations are issued in February and August. Please refer to the DIR website for additional details. Any weeks where no work was performed must be represented by the submittal of a Statement of Non-Performance covering the 7 day pay period where no hours were worked on the site. Final payroll on the project should state “Final” on the certified payroll, and must be marked as such in the LCPtracker system.
Failure by the Contractor to comply with the aforementioned requirements shall result in withheld progress payments until such time certified payroll documents have been received, reviewed, and Redlands Regular Meeting of 09-17-24
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accepted by the City. The City reserves the right to seek assistance from the State Department of Industrial Relations in determining the acceptability of certified payroll submittals before release of withheld progress payments. Prior to the release of retention monies, all certified payroll must be submitted on the project and any outstanding issues that may have occurred throughout the project must be resolved.
5-4 INSURANCE. - Delete Section 5-4.1, Section 5-4.2 and replace with the following:
Before entering into a Contract, the Bidder to whom the Contract has been awarded shall furnish satisfactory evidence that they have secured all required insurance from a responsible insurance company authorized to do business in California and satisfactory to the City, and such insurance shall be maintained in full force and effect at the Contractor's own expense during the life of the Contract.
Contractor shall furnish the City with the custo mary Certificates of Insurance for all required insurance listed below. General Liability Insurance shall name the City and the Consultant, as an additional insured and shall be primary and non -contributing to any insurance or self -insurance maintained by the City. All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered mail, return receipt requested, giving sufficient time before the date thereof to comply with any applicable law or statute, but in no event less than forty five (45) days before expiration or cancellation is effective.
The coverage shall provide the following minimum limits based on the type of work proposed under this Contract. The Contractor shall determine if the proposed work requires Tier 1 or Tier 2 Designated Insurance Requirements shown below.
CONTRACTED OPERATIONS DESIGNATED AS TIER 1
Air Conditioning (HVAC)
Systems (installation)
Electric Light or Power Line
Construction Pipeline Construction
Airport Runways (paving,
repaving, etc.) Elevator Work Roofing
Blasting Operations Excavation Sandblasting
Bridge or Elevated Highway
Construction
Fire Suppression Systems
(installation)
Sewer and Water Main
Construction
Buildings Structural Work
(including elevators)
Gas Mains or Connections
Construction Sign Erection (streets)
Building Structure (raising or
moving) Geophysical Exploration Solar Energy
Cable Installation in Conduits and
Conduit Construction (streets) Grading of Land Street Cleaning Caisson or Cofferdam Work Hazardous Materials Contractors Street or Road Construction Dam or Reservoir Construction Irrigation or Drainage
Construction
Tank Construction, Installation,
Erection or Repair
Demolition (structures) Landscape Construction (street or street medians)
Telephone or Cable Line
Construction
Drilling Painting (exterior greater than
single story)
Tree Pruning, Dusting, Spraying
or Removal
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TIER 1 DESIGNATED INSURANCE REQUIREMENTS
a. Commercial General Liability
➢ $1 Million Per Occurrence/ $2 Million Aggregate
▪ City listed as an Additional Insured on the coverage
▪ Coverage is primary and non-contributory
▪ If scope of work is within 50 feet of any railroad, endorsement citing inclusion of liability associated with this work is required
▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission
b. Business Auto Liability
➢ $1 Million Combined Single Limit
▪ City listed as an Additional Insured on the coverage
▪ Must include liability arising from all owned, leased, hired, and non-owned autos ▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission ➢ If Contractor or its subcontractors or suppliers haul hazardous material (including, without limitation, waste), Auto Liability insurance must be applicable to all hazardous waste hauling vehicles, and include MCS 90 and CA9948 Endorsements.
c. Commercial Umbrella/ Excess Liability
➢ $5 Million Per Occurrence/ Aggregate
▪ City listed as an Additional Insured on the coverage
▪ Coverage is primary and non-contributory
▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission
d. Workers Compensation
➢ $1 Million Per Occurrence for Bodily Injury by Accident ➢ $1 Million Each Employee for Bodily Injury by Disease ➢ $1 Million Policy Limit for Bodily Injury by Accident ▪ Waiver of Subrogation in favor of City
▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission
e. Pollution Policy (Hazardous Materials) [If Applicable] ➢ Required of Projects that involve Demolition and/or Excavation Activities ➢ $1 Million Per Occurrence/ $2 Million Aggregate
➢ City listed as an Additional Insured on the coverage
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TIER 2 DESIGNATED INSURANCE REQUIREMENTS
a. Commercial General Liability
➢ $1 Million Per Occurrence/ $2 Million Aggregate
▪ City listed as an Additional Insured on the coverage
▪ Coverage is primary and non-contributory
▪ If scope of work is within 50 feet of any railroad, endorsement citing inclusion of liability associated with this work is required
▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission
b. Business Auto Liability
➢ $1 Million Combined Single Limit
▪ City listed as an Additional Insured on the coverage
▪ Must include liability arising from all owned, leased, hired, and non-owned autos ▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission ➢ If Contractor or its subcontractors or suppliers haul hazardous material (including, without limitation, waste), Auto Liability insurance must be applicable to all hazardous waste hauling vehicles, and include MCS 90 and CA9948 Endorsements.
c. Workers Compensation
➢ $1 Million Per Occurrence for Bodily Injury by Accident ➢ $1 Million Each Employee for Bodily Injury by Disease ➢ $1 Million Policy Limit for Bodily Injury by Accident ▪ Waiver of Subrogation in favor of City
▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission
d. Pollution Policy (Hazardous Materials) [If Applicable] ➢ Required of Projects that involve Demolition and/or Excavation Activities ➢ $1 Million Per Occurrence/ $2 Million Aggregate
➢ City listed as an Additional Insured on the coverage
CONTRACTED OPERATIONS DESIGNATED AS TIER 2
Air Conditioning (HVAC) Systems
(service and repair) Carpentry (building interiors) Fire Suppression Systems (service and repair)
Alarms and Alarm Systems Communications Equipment
Installation (interior) Landscape Construction
Building Interior Work (service,
repair and non-structural
remodeling)
Driveway, Parking Area or
Sidewalk (paving or repaving) Painting (exterior)
Cable Installation in Conduits
(buildings) Fence Erection All Other Job Types including Vendors
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Contractor expressly waives all rights to subrogation against the City, its officers, employees and volunteers for losses arising from work performed by Contractor for City by expressly waiving Contractor’s immunity for injuries to Contractor’s employees a nd agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extend to any claim brought by or on behalf of any employee of Contractor. This waiver is mutually negotiated by the parties. This shall not apply to any damage resulting from the sole negligence of City, its agents and employees.
To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless are valid and enforceable only to the extent of the negligence of contractor, its officers, agents and employees.
Subcontractors. The prime contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements from each subcontractor.
The Contractor shall not assign or sublet the contract, in whole or in part, without the written consent of the City, nor shall the contractor assign any monies due to, or to become due to, Contractor hereunder without prior written consent of the City.
The Contractor shall be fully responsible to the City for the acts and omissions of the subcontractor and persons either directly or indirectly employed by the Contractor. Consent to subcontracting part of the work shall, in no way, release the Contractor from responsibility for performance of the work, and Contractor will be held, in all respects, accountable for the same as if no consent had been given.
The Contractor shall give personal attention to this work which is sublet. Nothing contained in the contract documents shall create any contractual relation between any subcontractor and the City.
Hold Harmless and Indemnification. Contractor shall indemnify, hold harmless and defend City and its elected officials, agents and employees and the Consultant from and against any and all claims, losses or liability, including attorney’s fees, arising from injury or death to persons or d amage to property occasioned by any act, omission or failure to act of Contractor, its subcontractors, and any officers, agents and employees in performing the work required by this Agreement. Contractor’s obligations under this provision shall not be limited in any way by any terms of this Agreement, or the insurance limits.
5-4.3 Worker’s Compensation Insurance. - Delete and replace with the following:
A. Contractor shall have worker’s compensation and employer’s liability insurance in force throughout the duration of the contract in an amount which meets the statutory requirement with an insurance carrier acceptable to the City. The insurance policy shall include a provision prohibiting cancellation of said policy except upon forty-five (45) days prior written notice to City. Certificates of Insurance shall be delivered to the City at the time of the Contractors’ execution of the agreement.
B. Contractor expressly waives all rights to subrogation against the City, its officers, employees and volunteers for losses arising from work performed by Contractor for City by expressly waiving Contractor’s immunity for injuries to Contractor’s employee s and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extend to Redlands Regular Meeting of 09-17-24
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any claim brought by or on behalf of any employee of Contractor. This waiver is mutually negotiated by the parties. This shall not apply to any damage resulting from the sole negligence of City, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless are valid and enforceable only to the extent of the negligence of contractor, its officers, agents and employees.
5-6 PATENT FEES OR ROYALTIES. Delete and replace with the following:
The Contractor shall include in its Bid the patent fees or royalties on any patented article or process which may be furnished or used in the Work. The Contractor shall indemnify and hold the City harmless from any legal action that may be brought for infringement of patents. The Contractor’s attention is directed to “Notice of Patents, Data, and Copyright Regulations” of the Federal Labor Standards.
The Contractor shall bear all costs arising from the use of patented goods and/or processes used on and/or incorporated into the Work. When use of these goods and/or processes is judged to be an infringement and the use is banned, the Contractor, at its own expense, shall, with concurrence of the Engineer, do one of the following:
A. Secure for the City the right to continue using goods and/or processes by suspension of the injunction or by procuring a license(s);
B. Replace said goods and/or processes with non-infringing goods and/or processes;
C. Modify said goods and/or processes so that they become non-infringing; or
D. Remove said goods and/or processes and refund the sum paid therefore without prejudice to any other rights of the City.
The preceding shall not apply to any goods manufactured to the detailed design of the City contained in the Contract Documents.
5-7 SAFETY.
5-7.1 Work Site Safety.
5-7.1.1 General. - Amend the following:
Add the following sentences to paragraph 1:
Should watering be the sole method utilized for roadway dust abatement purposes, the maximum time interval that shall elapse between applications thereof shall be no greater than 3 hours during normal working day, supplemented by an additional application thereof immediately prior to the conclusion of the workday and at such other times as may be required, including evenings, weekends and holidays as required by the Engineer. Should the Contractor be unable to furnish dust abatement as specified, the City may perform or cause to be performed the necessary service, the expense of which will be deducted from the payment due the Contractor.
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Add the following paragraphs:
To insure the protection of storm drain inlets, Best Management Practices (BMPs) shall be employed during cleanup and dust control operations. Refer to Section 7-8.6.
Compliance with this section is of extreme importance to the City and its citizens. The City may fine the Contractor $1,000 per incident if there are issues with dust, mud, unused equipment or materials and rubbish within the construction area that result in citizen complaints. A 24 hour notice shall be issued to the Contractor and failure to correct the problems will result in the fine being levied. This fine will be in addition to those fines potentially charged for NPDES violations.
5-8 AIR POLLUTION CONTROL.
Dust control shall be performed in accordance with Subsection 7-8 of the Standard Specifications, South Coast Air Quality Management District (SCAQMD) Rule 403, the general Provisions and the following Provision.
Dust resulting from the Contractor’s performance of the work, either inside or outside, the right-of- way shall be controlled by the Contractor. Dust control includes the action necessary to prevent, reduce or control dust within the work area as required to complete the work. The Contractor shall carry out proper and efficient measures to prevent his operations from producing dust in amounts damaging to property or causing a nuisance, or harm to persons living nearby or occupying buildings in the vicinity of the work. The Contractor shall control dust 24 hours a day, seven days a week. The methods to be used for controlling dust in the construction area and along haul roads shall be approved by the Engineer prior to starting any work. The Rule 403 Implementation Handbook published by the SCAQMD, contains a detailed listing of reasonably available dust control measures.
Dust control ordered by the Engineer to be applied on Saturdays, Sundays or holidays will be included in the Contract price for dust control and no additional compensation will be allowed therefore.
The full compensation for all direct and indirect costs incurred for work performed or materials used to control dust resulting from the Contractor’s performance of the work and caused by public traffic, either inside or outside the right-of-way shall be considered as included in the Contract prices paid for the various items of work involved and no additional compensation will be allowed therefore.
5-9 STORAGE OF EQUIPMENT AND MATERIALS.
The Contractor shall be required to provide and maintain as necessary, any additional property required for storage of equipment, materials, etc., to perform work on this project. Should the additional property be located within the city limits of the City of Redlands, the Contractor shall obtain written approval from the City of Redlands Development Services Department and comply with all conditions set therein prior to use. When private property is used for a yard area, the Contractor shall also secure written authorization from the private property owner and supply a copy of such to the City before any monthly progress payment is submitted. Contractor to propose designated areas of the project site, upon approval by the Engineer, suitable for material delivery, storage, and waste collection.
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The Contractor shall ensure the construction yard adheres to all local, State and Federal regulations, ordinances, codes and maintained in a neat and orderly manner throughout the duration of the project.
The contractor shall include the construction yard in the Erosion Control Plan or SWPPP and shall be inspected and approved prior to use of the yard. If at any time during the project the location of the construction yard changes from the approved site, the City shall be notified prior to relocation for inspection and approval. Should the Contractor fail to comply with these conditions, the Engineer may suspend the work per SSPWC section 6-3 until the condition is corrected.
At the end of the project or as required, the Contractor shall: clean up and remove all trash and debris, including all organic trash and debris; clean up and remove all hazardous and biochemical wastes from the property to the satisfaction of the agency ( City, County, State, or Federal) charged with overseeing these items; and provide to the City a written release from the private property owner that they are satisfied with all clean up and removal work.
5-9.1 Storage in Public Streets.
Construction materials and equipment shall not be stored within public streets or right of way without prior approval from the City. In order to seek approval, Contractor shall submit a location map with all equipment or materials identified including size, duration and any BMP’s installed and provide at least 7 days for review by the City.
5-10 WATER POLLUTION CONTROL.
The Contractor shall follow the City's guidelines for Storm Water Pollution Prevention in providing storm water pollution control at the project site, including the implementation of approved Erosion/Sediment Control Plans during construction as well as the implementation of approved Water Quality Management Plans.
Construction activities disturbing 1 acre or more of land shall comply with the State Water Resources Control Board’s NPDES General Construction Storm Water Permit. A copy of the Notice of Intent (NOI) to include the Waste Discharge Identification (WDID) number shall be submitted as part of the Storm Water Pollution Prevention Plan (SWPPP) to the Engineer for review. Call (909) 782- 4130 for NOI/WDID information.
All projects requiring grading shall submit to the City for review and approval an Erosion/Sediment Control Plan and a Grading Plan. Permit(s) will not be issued until plans are approved and may be revoked if work required in these specifications are not complied with.
Construction sites shall be maintained by implementation of BMPs in such manner that pollutants are not discharged from the site to the maximum extent practicable. A few references available to help with selection and implementation of applicable BMPs are:
1. California Storm Water Best Management Practice Handbook, American Public Works Association, March 1993;
2. The Construction Site Best Management Practices Manual, November 2000;
3. Storm Water Pollution Prevention Plan and Water Pollution Control Program Preparation Manual, November 2000;
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4. California Regional Water Quality Control Board’s San Francisco Bay Region, Guidelines for Construction Projects; and
5. California Regional Water Quality Control Board’s San Francisco Bay Region, Erosion and Sediment Control Field Manual, July 1999.
All discharges into the storm drain system are prohibited except for potable water, properly treated discharge, and those discharges specifically approved by the Engineer. The following are some of the prohibited discharges:
1. Discharges that could have an impact on human health or the environment, cause or threaten to cause pollution, contamination, or nuisance;
2. Discharges that exceed any applicable water quality standard contained in a statewide Water Quality Control Plan or local Basin Plan; and
3. Discharges containing hazardous substances equal to or in excess of a reportable quantity listed in Federal regulations 40 CFR, Parts 117 and 302.
Materials that can cause or contribute to pollution or a violation of any applicable water quality standard include, but are not limited to: sediments; solid or liquid chemical spills; wastes from paints, stains, sealants, glues, limes, pesticides or herbicides and wood preservatives or solvents; asbestos fibers, paint flakes or stucco fragments; fuels, oils, lubricants or hydraulic, radiator and battery fluids; fertilizers; vehicle and equipment wash water or concrete wash water; concrete, detergent or floatable wastes; wastes from any engine and equipment steam cleaning or chemical degreasing; and chlorinated potable water line flushings.
Unless exempted or authorized by an NPDES permit, all non-storm water discharges require prior approval by the Engineer or the State Water Resources Control Board with Engineer approval.
During construction, temporary storage of such materials as identified above, must occur in a designated area physically separated from potential storm water runoff, with ultimate disposal in accordance with local, state and federal requirements.
De-watering of contaminated groundwater or discharging contaminated soils via surface erosion is prohibited.
Unless indicated otherwise by the Engineer, all projects, regardless of size, shall submit for review and approval, a Water Quality Management Plan (WQMP). The WQMP shall consist of post construction BMPs which shall remain in effect throughout the life of the facility. Refer to WQMP guidelines.
5-11 TEMPORARY LIGHTS, POWER AND WATER.
Any water drawn from a City fire hydrant shall be via a City owned water meter. Said meter may be obtained from the Municipal Utilities & Engineering Department. Contractor is responsible for payment of a $1200 deposit fee. Said meter shall be returned in a condition like received, less normal wear and tear. All meters are loaned subject to the conditions of the Fire Hydrant Construction Meter Water Service Application. Contractor must provide proposed location of meter and notify Customer Redlands Regular Meeting of 09-17-24
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Service at (909) 798-7516 each time the meter is relocated during construction. Water reasonably used in connection with the construction contract will be provided at no cost to the Contractor. Water use determined to be wasteful or unreasonable will be charged for at the prevailing rate.
5-12 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS.
The Contractor shall relocate, re-establish, repair or replace all existing improvements within the work limits or right-of-way which are not designated for removal (e.g., sprinkler systems, curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations.
Relocations, re -establishments, repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension.
All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing or re- establishing existing improvements shall be included in the Bid.
The Contractor shall be responsible for the maintenance of the streets and roadways to be used by public and local traffic through and adjacent to the construction zone, from the date of "Notice to Proceed" until the date of acceptance of the completed construction improvements.
Street maintenance shall include filling of potholes, grading of subgrade and base, replacing signs, installing interim pavement striping and markers on the project streets and other side streets within the construction zone. Street maintenance shall also include sweeping and washing of streets, adjacent and connected to the construction zone on a weekly, or more frequent schedule, to prevent the accumulation of dust, dirt, gravel or other deleterious materials, all as necessary to maintain the construction roadways and adjacent streets in a safe, clean and drivable condition for use by public and local traffic.
Upon request from the City for information pertaining to a claim against the contractor, contractor shall provide a written/email response, including all requested information, within 14 calendar days of City’s request. If a response with all requested information is not provided to the City within 14 calendar days, a penalty of $500 per calendar day will be assessed to the Contractor by the City.
5-13 PUBLIC CONVENIENCE AND SAFETY.
5-13.1 General.
The Contractor may be allowed to close the roadway, or a portion thereof, to traffic during normal work hours upon approval from the Engineer. During any closure, the Contractor shall allow access for residents, schools, trash service trucks, churches and businesses within the affected portion of roadway, except as required for construction for a reasonable period of time. The Contractor shall notify residents as noted within Section 5-18.
The Contractor shall provide and install barricades, delineators, warning devices and construction signs in accordance with the Work Area Traffic Control Handbook (WATCH) prepared by the Southern California Chapter of the American Public Works Association. During adverse weather or Redlands Regular Meeting of 09-17-24
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unusual traffic or working conditions additional devices shall be placed as directed by the engineer.
All traffic signs and devices shall conform to the current State of California, Department of Transportation (CALTRANS), "Manual of Warning Signs, Lights , and Devices for Use in Performance of Work upon Highways", unless otherwise approved by the Engineer.
Fences, barriers, lights and signs shall be furnished, erected and maintained as necessary to give an adequate warning to the public at all times that the work is under construction and of dangerous conditions to be encountered as a result thereof, and warning and directional signs shall also be erected and maintained as may be required by the City. Should the Contractor fail to furnish a sufficient number of traffic and/or pedestrian safety devices within three (3) hours after being notified, the Owner will place such necessary items and the Contractor shall be liable to the Owner for providing such devices in accordance with the following provisions:
1. For placing of barricades - $15.00 per barricade for each day or part thereof.
For flashers - $15.00 per flasher for each day or part thereof.
For traffic cones - $7.50 per cone for each day or part thereof.
2. In the event that the services of the Owner are required outside the normal working hours and/or days or items not noted above are furnished by the City, all costs incurred by the City shall be the responsibility of the Contractor.
The Contractor shall relocate, preserve and maintain the visibility of all signs within the project limits which affect the flow of traffic, as directed by the engineer. Any signs that are missing or found damaged shall be replaced immediately by the Contractor at his expense.
The Contractor shall provide and maintain Class II barricades along excavation edges parallel to the flow of traffic at a spacing of twenty-five feet (25'). Class II barricades mounted with flashers shall be installed around work areas in parkways. Class II barricades shall have alternating black and reflectorized white (or yellow) stripes at an angle of 45 degrees. The stripe with shall be four to six inches.
During paving operations barricades may be supplemented with minimum size eighteen-inch (18") high traffic cones and delineators such that spacing between barricades and/or cones or delineators is no greater than twenty-five feet (25"). At all access poin ts such as intersecting streets, alleys and driveways, barricades and/or cones shall be provided at five -foot (5') intervals so as to prevent vehicular access to the paving area. Where access from an intersecting street is prohibited, a "Road Closed" sign shall be provided. "No Left Turn" sign shall be provided wherever required by the Engineer.
Clearances from traffic lanes shall be 5 feet to the edge of any excavation and 2 feet to the face of any curb, pole, barricade, delineator or other vertical obstruction.
A 4 foot wide pedestrian walkway shall be maintained in the parkway area on each side of all streets, unless otherwise authorized by the Engineer. The minimum clearance from: the edge of Redlands Regular Meeting of 09-17-24
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pedestrian walkways to any traffic l ane shall be 5 feet; the edge of pedestrian walkway s to any work zone shall be 3 feet; and the surface of pedestrian walkways to any over head obstruction shall be 7 feet.
The Contractor shall, at the end of each work day, have backfilled, compacted and placed a temporary drivable roadway surface on all work areas within traveled roadways prior to leaving the job site. Failure to comply to the satisfaction of the Engineer s hall result in immediate correction by City forces, and all costs shall be borne by the Contractor.
Traffic control devices shall be marked with the Contractor’s name as appropriate. At no time shall any traffic control devices marked with companies or agencies other than the Contractor or subcontractors, be utilized within the work area.
All said traffic controls and safety devices shall be maintained in clean condition, with any and all graffiti removed by the end of workday on which the graffiti was first reported to the Contractor.
If the traffic control devices are deemed unacceptable by the Engineer due to being damaged, dirty, or marked incorrectly, the Contractor shall replace the traffic control devices immediately. Should the Contractor fail to furnish traffic control devices within three (3) hours after being notified, the Owner will place such necessary items and the Contractor shall be liable to the Owner for providing such devices in accordance with the provisions above.
5-13.1.1 Vehicular Access.
At such times as driveways are inaccessible due to the Contractor's work they shall be blocked by two (2) Class II barricades or one (1) Class II barricades and two (2) delineators. Driveways that are ramped or planked for temporary access shall be provided with a delineator at each side.
5-13.1.2 Signage. The Contractor shall furnish, erect and maintain all construction traffic signage as required and specified.
All construction traffic signage shall be in place prior to commencing any work, placed as needed during construction, moved as necessary and removed only upon completion of all work.
All construction traffic signage and controls shall comply with the State of California Manual of Traffic Controls, Warning Signs, Lights and Devices for use in Performance of Work Upon Highways. All construction traffic signage used in the performance of the work shall be a minimum of the encapsulated lens (high intensity) type. All traffic controls and safety devices, equipment and materials, including but not limited to cones, channelizers, del ineators, flashing warning lights, barricades, high level warning devices, telescoping flag trees, flags, signs, markers, portable barriers, flashing arrow signs, changeable message signs, markings and flagging equipment shall be provided and maintained in like new condition.
When a Traffic Signal is constructed as a part of the project, the Contractor shall place and maintain for one calendar month, a message board for each approach leg to a new traffic signal. The message board shall read “CAUTION - NEW TRAFFIC SIGNAL”. The one month period shall Redlands Regular Meeting of 09-17-24
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begin from the day of activation. This requirement may be lessened or waived, on a case-by-case basis, by the Engineer.
The Contractor shall furnish and properly install, construct, erect, use and continuously inspect and maintain, twenty-four (24) hours per day, seven (7) days per week, including holidays, all said devices, equipment and materials and all temporary and permanent pedestrian and driving surfaces as necessary to provide for the safety and convenience of, and to properly warn, guide, control, regulate, channelize and protect the vehicular traffic, pedestrian traffic, project workers, and the public throughout t he entire limits of the work activity and beyond said limits as necessary to include areas affecting or affected by the work, from the date of notice to proceed to the completion and acceptance of the work. Any corrective work required to be performed by City forces shall be charged to the Contractor and paid in full before release of any bonds on the project.
All traffic cone s shall be no less than 28 inches in height, exc ept that shorter cones, 12 inches minimum height, may be permitted during striping maintenance operations where the only function of the cone is to separate traffic from the wet paint. All barricades used to delineate traffic at night or placed in or adjacent to the traveled roa dway at night, shall be equipped with flashing warning lights.
Channelizers shall be required when lane restrictions, detours or other work conditions need to be maintained for periods longer than normal work hours. Channelizers shall be surface -mounted type and shall be furnished, placed and maintained at the locati ons shown on the plans or as approved by the Engineer and shall conform to these specifications. Channelizers shall be, at the Contractor’s option, one of the following types, or approved equal: (1) Safe -Hit SH236SMA; (2) Repo “The Replaceable Post”; or (3) Carsonite, “Super Duck” SDF-436.SDF-436.
5-13.2 Traffic Control Plan
The Contractor shall provide a Traffic Control Plan to the agency for approval prior to the scheduled commencement of work. Comments and corrections shall be returned to the Contractor within five (5) working days.
The Contractor shall be required to maintain one lane in each direction when working on the roadway.
Access to schools, businesses, etc. shall be maintained as necessary for their operations. If closures are authorized by the Engineer, all detour signage shall be installed prior to closure of specified portion of roadway(s), and shall be maintained during closure.
The Contractor shall make provision to allow pedestrians full access across work areas at existing crosswalks, while working within those areas.
Traffic controls, including but not limited to vehicular and pedestrian traffic controls, maintenance of vehicular and pedestrian access, detours, and street closures shall be in accordance with Subsection 7-1, of the current edition of the "Standard Specifications for Public Works Construction," including all its subsequent amendments, and the current edition of the "Work Area Traffic Control Handbook."
Traffic control and the Traffic Control Plan shall conform to the following:
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a. All major streets shall remain open to through-traffic at all times, residential street will be closed to traffic only as long as it takes for material application and drying time.
b. The Traffic Control Plan shall indicate the traffic control requirements for the different types of work to be performed. The Contractor shall be responsible for the preparation of Plans as necessary for specific items of work. These Plans shall be approved by the City's Engineer.
c. All traffic controls and safety devices, equipment and materials, including but not limited to cones, delineators, flashing warning lights, barricades, high level warning devices (flag trees), flags, signs, markers, portable barriers, flashing arrow sig ns, markings, and flagging equipment shall be provided and maintained in "like new" condition.
d. The Contractor shall furnish and properly install, construct, erect, use, and continuously inspect and maintain, twenty -four (24) hours per day, seven (7) days per week, all said devices, equipment and materials and all temporary and permanent pedestria n and driving surfaces as necessary to provide for the safety and convenience of, and to properly warn, guide, control, regulate, channelize and protect the vehicular traffic, pedestrian traffic, project workers, and the public throughout the entire limits of the work activity and beyond said limits as necessary to include area affecting or affected by the work, from the start of work to the completion of the work.
In the event the slurry and cape seal ravels, a "loose gravel" (C6) sign shall be placed to adequately warn the public.
e. High-level warning devices (flag trees) are required at all times for any work being performed within the roadway unless otherwise specifically authorized by the City's Engineer.
f. All barricades shall be equipped with flashing warning lights, and all traffic cones shall be no less than twenty -eight inches (28") in height, except that shorter cones, twelve inches (12") high or higher, may be used during striping maintenance operations where the only function of the cones is to protect the wet paint from the traffic.
g. Type III barricades, no less than six feet (6') in length and equipped with two (2) Type "N" markers each and two (2) flashing warning lights each, shall be used to close streets, except as otherwise specifically authorized in advance by the City's Engineer for minor maintenance work of no more than one (1) working days duration on weekdays, or on holidays only, and between 8:00 a.m. and 3:30 p.m. only. Said barricades shall be placed across the full roadway at each point of closure with the distance be tween Redlands Regular Meeting of 09-17-24
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barricades or between barricades and curbs, not exceeding three feet (3'), except that one (1) eleven -foot (11')-wide gap between barricades shall be provided at the center of the street. Barricades to the right of the street's center, facing the inbound vehicular traffic, shall also be equipped with one (1) Type C2 "Road Closed" sign each or one (1) Type C3A "Road Closed to Thru Traffic" sign each.
h. Except for residential streets, as otherwise directed and/or authorized by the City's Engineer, two-way vehicular traffic shall be maintained at all times within two (2) eleven foot (11') -wide lanes on streets, having an effective roadway width of forty-four feet (44') or more with restricted parking, and other streets of lesser widths may be reduced to one (1) twelve -foot (12') wide lane with work activity being limited to one side at a time, and with one-way vehicular traffic being maintained at all ti mes by properly trained and experienced flaggers.
No reduction of the traveled way width shall be permitted on any City street before 8:00 a.m. nor after 3:30 p.m., on weekends or holidays, or when active work is not being done, unless prior authorization to do so is granted by the City's Engineer.
Arrow boards shall be required for all lane closures on major streets.
i. Properly trained and experienced flaggers shall be provided to traffic when said traffic is to be interrupted, when two -way traffic is to be reduced to one-way traffic, and at such other times as is necessary to safely pass the traffic through or around the work area, and when so directed by the City's Engineer.
j. Vehicular access to occupied residential property may be restricted on weekdays other than holidays between the hours of 8:00 a.m. to 3:30 p.m. while essential work activity is taking place, with specific prior written approval from the City's Engineer, providing the Contractor gives the owner and/or resident at least forty -eight (48) -hour advance written and oral notice. See Part 2, "Notification of Residents," herein.
Convenient and safe pedestrian access to occupied residential property shall be maintained at all times. Access to mailboxes must be maintained at all time, such that the postal delivery service is not interrupted.
Access to vacant and unused property may be restricted at the Engineer's discretion. Both vehicular and pedestrian access shall be maintained at all times to all other property except as otherwise specifically authorized in writing by the City's Engineer.
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k. Any traffic control and safety devices and equipment being used which becomes damaged, destroyed, faded, soiled, misplaced, worn out, inoperative, lost, or stolen shall be promptly repaired refurbished and/or replaced, and any traffic control and safety devices and equipment being used which are displaced or not in an upright position from any cause, shall be promptly returned or restored to their proper position.
l. An unobstructed view of all signs and warning devices including but not limited to stop signs, stop ahead signs, street names signs, and other regulatory, warning and construction signs, markers, and warning devices shall be maintained at all times. No trucks or other equipment or materials shall be stopped, parked, or otherwise placed so as to obscure said signs, markers, and devices from the view of vehicular and/or pedestrian traffic to which it applies.
m. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall yield to said public traffic at all times, except where the traffic is being controlled by police officers, fire officers, properly trained and experienced flaggers, or at traffic signalized intersections.
n. Stockpiling and/or storage of materials on any public right -of-way or parking areas will not be allowed without specific permission of the Engineer. Materials spilled along or on said right -of-way or parking areas shall be removed completely and prompt ly. All stockpile and/or storage areas shall be kept in a safe, neat, clean, and orderly fashion, and shall be restored to equal or better than original condition upon completion of the work.
o. Where vehicular access to abutting property must be restricted, the work shall be so selected, arranged, and scheduled that the person(s) requiring access to said abutting property and/or residents along said streets affected will be able to park within a reasonable distance of not more than five hundred feet (500') from their homes and/or destination. Residents must be supplied written notice of such restrictions a minimum of 48 hours in advance.
p. When work has been completed on a particular street or has been suspended or rescheduled, and said street is to be opened to vehicular traffic, all equipment, "NO PARKING" signs, other obstructions, and unnecessary traffic control devices and equipment shall be promptly removed from that street except as otherwise authorized or directed by the City's Engineer.
q. Should the Contractor be neglectful, negligent, or refuse, fail, or otherwise be unavailable to promptly, satisfactorily, and fully comply with the provisions specified and referred to hereinabove, the City reserves the right Redlands Regular Meeting of 09-17-24
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to correct and/or mitigate any situation, which in the sole opinion of the City's Engineer constitutes a serious deficiency and/or serious case of noncompliance, by any means at its disposal at the Contractor's and/or permittee's expense, and will deduct the cost therefore from the Contractor's progress and/or final payment. Such corrective action taken by the City shall not reduce or abrogate the Contractor's legal obligations and liability for proper traffic control and safety measures, and shall not serve to transfer said obligations and liabilities from the Contractor to the City or the City's agents.
r. Violations of any of the above Provisions and/or Provisions of the referenced publications, unless promptly and completely corrected to the satisfaction of the City's Engineer, shall at the sole discretion of the City, be grounds for termination of the Con tract, or shut down or partial shutdown of the work, without compensation to the Contractor and/or permittee, or liability to the City, all as prescribed by Contractual obligation or State law, whichever is applicable.
Full compensation for furnishing all labor, materials, tools, equipment, flaggers, lights, channelizers (surface mounted), temporary striping, barricades, portable flashing lights, flashing arrow signs, traffic control and detour plan, and incidentals required to comply with the provisions specified and referred to herein above, to provide all required traffic and pedestrian control for the duration of this contract, all as shown and as specified, shall be paid as specified in Section 01200 of the General Requirements and no other compensation shall be made therefore.
5-13.3 Edison Energized Conductors. The Contractor hereby promises and agrees that in the performance of the Work, he will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to Edison's secondary, primary and transmission facilities. The term "qualified person" is defined as follows:
"Qualified Person". A person by reason of experience or instruction is familiar with the operation to be performed and hazards involved.
Contractor further promises and agrees that the provisions of this paragraph shall be and are binding upon any Subcontractor or Subcontractors that may be retained by it, and that the Contractor shall take such steps as are necessary to insure compliance by said Subcontractor or Subcontractors with the requirements of this paragraph.
5-14 CONTRACTOR’S RESPONSIBILITY FOR DAMAGE.
5-14.1 Responsibility for Damage. The Contractor agrees to and does hereby indemnify, defend and hold harmless the City, its elected officials and the Consultant and their officers, agents and employees from every claim or demand made, and every liability, loss, damage, or expense of any nature whatsoever, including attorney's fees and costs, which may be incurred by reason of:
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(a) Liability for damages for (1) death or bodily injury to persons, (2) injury to loss or theft of property, (3) any other loss, damage or expense arising under either (1) or (2) above, sustained by the Contractor or any person, firm or corporation employed by the contractor upon or in connection with the work called for in this agreement, except for the liability resulting from the sole negligence or willful misconduct of the City, its elected officials and their officers, employees and agents who are directly employed by the City and the Consultant; and
(b) any injury to or death of persons or damage to property caused by any fault, neglect, default or omission of the Contractor, or any person, firm or corporation employed by the Contractor, either directly or by independent contract, including all damages due to loss or theft, sustained by any person, firm or corporation, including the City, arising out of, or in any way connected with the work covered by this agreement, whether said injury or damage occurs either on or off City property, provided that any of the foregoing (1) is attributable to personal injury, bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulting there from, and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, any supplier, anyone directly or indirectly employed by any of them or anyone for whose act or omissions any of them may be liable, regardless of whether or not caused in part by any act or omission (active, passive, or comparative negligence included, excepting the active negligence of the District) of a party indemnified hereunder.
(c) The Contractor, at its own expense, cost, and risk shall defend any and all actions, suits or other proceedings that may be brought or instituted against the City, its elected officials, officers, agents and employees and the Consultant, against any such claim, demand or liability, and shall pay or satisfy any judgment that may be rendered against the City, its elected officials, officers, agents or employees, in any such action, suit or other proceedings as a result thereof.
5-15 NO PERSONAL LIABILITY. Neither the City Council, the Engineer, the Consultant, nor any other officer or authorized assistant or agent shall be personally responsible for any liability arising under the contract.
5-16 CONTRACTOR'S RESPONSIBILITY FOR WORK. Except as provided above, until the formal acceptance of the Work by the City, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, wh ether arising from the execution or from the non -execution of the Work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the abov e causes before final acceptance and shall bear the expense thereof, except such injuries or damages occasioned by act of the federal government or the public enemy.
The City of Redlands shall not be held responsible for the care or protection of any material or parts of the work prior to final acceptance, except as expressly provided in these specifications.
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The City shall not be responsible for security of the Contractors equipment or materials at the site.
The City will not be responsible for theft or damage to any property or materials of the Contractor.
Security for Contractor’s property shall be the responsibility of the Contractor.
5-17 WARRANTY OF WORK. The Contractor shall guarantee the Work against defective materials or workmanship for a period of (1) year from the date of completion date specified in the Notice of Completion, except where longer warranty periods are specifically stated. As specified in Section 2-4 in the GENERAL CONDITIONS, the Performance Bond shall remain in full force and effect during the warranty period.
All work which has been rejected, shall be remedied, or removed and replaced, by the Contractor at his own expense, with work conforming to the Plans and Specifications. Any defective material or workmanship which may be discovered before final acceptance or within (1) one year from the completion date specified in the Notice of Completion shall be corrected immediately by the Contractor at his own expense notwithstanding that it may have been overlooked in previous inspections and estimates. Failure to inspect work at any stage shall not relieve the Contractor from any obligation to perform sound and reliable work as herein described. It is the Contractor's ultimate responsibility to deliver at the time of final acceptance a complete project that complies in all details with these Contract Documents. All items shall be ready to operate.
Any omission or failure on the part of the Owner to discover or notify the Contractor of or to condemn defective work or material at the time of construction shall not be deemed an acceptance, and the Contractor will be required to correct defective work or material prior to final acceptance.
The Owner will endeavor to locate any errors or defective materials or workmanship and call them to the attention of the Contractor prior to subsequent work being performed. However, the Owner is under no obligation to do so and shall not be held liable b ecause errors or defective material or workmanship by the Contractor are not discovered prior to subsequent work.
During the (1) one year warranty period, should the Contractor fail to remedy defective material and/or workmanship, or to make replacements within five (5) days after written notice by the Owner, it is agreed that the Owner may make such repairs and replacement and the actual cost of the required labor and materials shall be chargeable to and payable by the Contractor or his Surety.
Nothing in this section shall be construed to limit the rights of the Owner to immediately correct conditions which may be unsafe or which may pose a public health nuisance. Should said conditions later be found to be caused by defective material and/or workmanship, the Contractor and his Surety shall reimburse the Owner for costs reasonably incurred while attending the situation.
In the event it is necessary for the Owner to file suit to enforce any liability of the Contractor pursuant to this sections WARRANTY OF WORK, the Owner shall be entitled to recover from the Contractor, in addition to all other amounts found due and owing, costs of suit and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the Owner in successfully enforcing the Contractor's obligations, all to be taxed as costs and included in any judgment rendered.
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The warranty provided herein shall not be in lieu of, but shall be in addition to any warranties or other obligations otherwise imposed by the Contract Document or by law. The remedies provided herein shall not be exclusive and the Owner shall be entitled to any and all remedies provided by law.
5-18 NOTIFICATION OF RESIDENTS/BUSINESSES . The Contractor shall notify all residents, firms, institutions, agencies, and utility companies which may be affected by the work.
Notification shall be by hand delivery of an approved notice within the project limits approved by the City. The notification process shall consist of two notifications, one prior to the start of construction for all properties within the project area and a second notification at least seven days in advance of any activity which may impact each specific property. In the event of any work within the downtown area, the distribution of the second notification shall be at least fourteen days in advance of any activity. Activities impacting said properties and, therefore, requiring the above said notices include the following: the work itself; closure or partial closure of the street ; and disallowance of street parking and disallowance of vehicular ingress to or egress from the property.
Said firms, institutions, agencies, and utility companies which must be notified of proposed work shall include, but are not limited to the following: public schools, private schools, day care centers, postal service, hospitals, governmental services, police department, fire department, ambulance services, Omnitrans, solid waste collection, and City street sweeping.
The proposed notice shall be submitted to the Engineer at least seven calendar days prior to the date of distribution for review and approval. The submittal shall also include a map identifying the limits of the work and proposed limits of distribution. The printed notices shall contain a general description of the work to be done, the name of the street with limits, the day and date of the work and the name and telephone number of the Contractor. The notice shall also include a statement that there will be no disruption of trash collection schedules and that trash should be set out by 6:00 a.m. on the scheduled day of pickup. If on-street parking will be affected the notice shall include a statement that no on-street parking will be allowed between the hours of 7:00 a.m. and 5:00 p.m. on the day of work, and a statement that it will be necessary to tow away parked vehicles at the owner's expense per California Vehicle Code CVC 22651L and CVC 22654D.
The Contractor will provide City with the dates and addresses of when project notifications are delivered to affected properties. City will verify the notification process is completed in compliance with the requirements of the specifications. Work will commence when City approves Contractor’s compliance with the requirements set forth in the specifications.
If on-street parking is affected, the Contractor shall also post pre-approved "NO PARKING-TOW WAY" signs on 1 x 2 wood stakes or barricades at one hundred foot (100’) maximum spacing along the affected areas of the street, 48 hours prior to the start of the work. The "NO PARKING-TOW AWAY" signs shall contain the day, date, and hours that parking will be prohibited on that particular street and a statement that parked vehicles will be towed away at owner's exp ense per California Vehicle Code CVC 22651L and CVC 22654D. The Contractor shall maintain said signs throughout the day of work, and shall start the removal of said signs by 4:00 p.m. and complete the removal by 6:00 p.m. on said day of work or as otherwise directed by the Engineer.
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The Contractor shall document the day, date, and time the signs are installed because the no parking restriction cannot be enforced until the signs have been in place 24 hours. Posting of signs on trees, utility poles, light standards and other existing parkway improvement is strictly forbidden.
In the event of street resurfacing operations, the notices to residents shall contain a statement that the street to be resurfaced will be closed to vehicular traffic, and the suggestion that if they require the use of their vehicles on the day of the resurfacing work, they should consider parking their vehicle on a nearby street which is not scheduled for a resurfacing application.
In the event scheduled work is delayed, the Contractor shall immediately remove all "NO PARKING" signs. The contractor must notify all previously notified, in person and with printed notices, that the work will be rescheduled and that they will be re-notified 48 hours in advance. The Contractor shall have an adequate supply of approved notifications for distribution to residents.
Full compensation for conforming to these requirements shall be considered as included in the various Contract items of work involved, and no additional compensation will be allowed therefore.
Failure to comply with this section shall result in a penalty assessment imposed of up to $10,000 per violation at the City’s discretion.
SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK . - Add the following paragraph:
Contractor shall notify Underground Service Alert (USA) at 1 (800) 227-2600, two working days prior to starting work, and must submit verification number to the City prior to starting work.
6-1.2 Commencement of the Work. - Amend the second sentence as follows:
“The work shall start within 10 days thereafter, and be diligently prosecuted to completion within the Contract Time.”
6-3 TIME OF COMPLETION.
6-4.1 General. - Add the following paragraphs:
If saturated soil is encountered during construction due to leaks in an existing utility, contractor shall remove saturated material and replace with a suitable backfill material until adequate compaction can be attained by verification from the City's Geotechnical Engineer.
Prior to any removal of saturated material, contractor shall discuss the methods of remediation with the City's representative. Approval from the City, or the City's representative, shall be obtained for any amount of saturated material removal in which the contractor anticipates to be compensated for, if approval is not obtained all costs shall be borne by the contractor.
Up to a 14 day delay in paving operations may be requested after all leaks have been resolved to provide time for excess moisture to dissipate, at no additional cost to the city, in lieu of removing and Redlands Regular Meeting of 09-17-24
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replacing the saturated soil. A no cost change order will be prepared to provide the contractor with additional contract time if such delay is requested by the City.
6-9 LIQUIDATED DAMAGES. The value of liquidated damages noted in this section is amended to five hundred dollars ($500) per working day.
6-10 NOTICE AND SERVICE THEREOF. Any notice required or given by one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by duly authorized representative of such party. Any such notice shall not be effective for any purpose whatever unless served in the following manner:
Notice shall be given to the Contractor by personal delivery thereof to said Contractor or to his authorized representative at the project site, or by deposing the same in the United States Mail enclosed in a sealed envelope addressed to said Contractor at the address established for the conduct of work under this Contract, certified and with postage prepaid.
Notice shall be given to the Surety, or any other person, by personal delivery to said Surety or other person, or by depositing the same in the United States Mail, enclosed in a sealed envelope addressed to such Surety or persons at the address of said Surety or persons last communicated by him to the party giving the notice, certified and with postage prepaid.
Notice shall be given to the Owner by personal delivery thereof or by depositing the same in the United States Mail enclosed in a sealed envelope, certified and with postage prepaid. The address of record for the owner is:
City of Redlands
Municipal Utilities & Engineering Department
P.O. Box 3005
35 Cajon Street, Suite 15A
Redlands, CA 92373
6-11 PUBLIC RECORDS ACT. All documents, Plans, specifications and all other information relating to the conduct of the City’s business, including information submitted by the Contractor, shall become the exclusive property of the City and except as provided by law shall be deemed public records. Said information shall be subject to the provisions of the California Public Records Act (Government Code Sections 6250 et seq.).
Under no circumstances will the City be responsible or liable to the Contractor, submitter or any other party for the disclosure of any records or information submitted to the City, regardless of whether such records or information are labeled “Trade Secret”, “Confidential”, or “Proprietary” (or words to similar effect) and regardless of whether the disclosure is required by law or a court order or occurs through inadvertence, mistake, or negligence on the part of the City or its officers, employees, and/or Contractors.
The City will not advise as to the nature or content of documents entitled to protection from disclosure under the California Public Records Act, including interpretations of the Act or the definition of Redlands Regular Meeting of 09-17-24
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“Trade Secret”. The submitting party shall be solely responsible for all determinations made under the Act, and where appropriate for clearly and prominently marking each and every page or sheet of information with “Trade Secret”, “Confidential”, or “Proprietary”. Each submitting party is advised to contact its own legal counsel concerning the California Public Records Act and its applicability to the submitting party’s own circumstances.
In the event of litigation concerning the disclosure of any information submitted by the submitting party, the City’s sole involvement will be as a stakeholder, retaining the information until otherwise ordered by a court. The submitting party, at its sole expense and risk, shall be responsible for any and all fees and costs for prosecuting or defending any action concerning the information, and shall indemnify and hold the City harmless from all costs and expenses including attorneys’ fees, in connection with such action.
SECTION 7 - MEASUREMENT AND PAYMENT
7-3 PAYMENT.
7-3.2 Partial and Final Payment. - Delete and replace with the following:
The closure date for the purpose of making monthly progress payments shall be assigned by the Engineer during the pre -construction meeting. Payment, less deductions, unearned work and retention, will be made within 30 days of the closure date. If a dispute exists between the City and the Contractor regarding an item included in the Contractor's Monthly Progress Payment Request, progress payments will be withheld until said dispute is resolved, in which case longer period of time will be required to make such payment. No such payment shall be required to be made, when in the judgment of the Engineer, the total value of the work since the last estimate amounts to less than $500.
If, in the opinion of the Engineer, work is not progressing according to the approved schedule, payments may be withheld until the Contractor returns to the approved schedule.
Deductions will be made for: (1) amounts due the Owner for equipment or material furnished or services rendered; (2) amounts due the Owner under the terms of the Contract; (3) amounts of any claims of lien filed with the Owner; (4) accrued amounts of liquidated damages; (5) amounts required to be deducted by Federal, State or local governmental authorities. From the balance thus determined will be deducted the amounts of all previous payments, and the remainder shall constitute the monthly payment due the Contractor.
A retention of five percent (5%) will be withheld from each and every progress payment to the Contractor. This percentage will remain constant throughout the duration of the Contract. The City shall make a progress payment within thirty (30) days after r eceipt of an undisputed and properly submitted payment request from Contractor pursuant to Public Contract Code section 20104.50.
After completion of the work to the satisfaction of the Engineer, the Engineer shall make a final estimate of the amount of work done. The City shall pay the entire sum so found to be due after deducting there from all previous payments and all amounts to be retained under the provisions of the Contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of thirty-five (35) days from and after the recordation of the Notice of Completion filed by the City.
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As provided by paragraph 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the City to ensure performance under the Contract.
Substitute securities shall be deposited in a financial institution in a form acceptable to the City of Redlands. The financial institution shall be located within the City limits of the City of Redlands.
The Escrow Agreement to be used is set forth in Public Contract Code section 22300.
7-3.3 Delivered Materials. - Delete and replace with the following:
No payment will be made for materials or equipment delivered but not yet incorporated in the work.
7-4.2.6 Extras. Without invalidating the Contract, the City may order extra work or make changes by altering, adding or deducting from the work, the Contract sum being adjusted accordingly and the consent of the Surety being first obtained where necessary or desirable. All the Work of the kind bid upon shall be paid for at the price stipulated on the proposal, and no claims for any extra work or material shall be allowed unless the work is ordered in writing by the engineer and the price is stated in such order.
7-4.2.7 Claims for Extra Costs. No claim for extra work or cost shall be allowed unless the same was done in pursuance of a written order by the Engineer, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of the General Conditions, the Contractor shall furnish satisfactory bills, payrolls, and vouchers covering all items of cost and when requested by the City, give the City access to accounts relating thereto.
After completion of the work to the satisfaction of the Engineer, the Engineer shall make a final estimate of the amount of work done. The City shall pay the entire sum so found to be due after deducting there from all previous payments and all amounts to be retained under the provisions of the Contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of the thirty-five (35) days from and after the recordation of the Notice of Completion filed by the City.
SECTION 8 - FACILITIES FOR AGENCY PERSONNEL
This section is deleted in its entirety.
SECTION 9 - ASSIGNMENT OF UNFAIR BUSINESS PRACTICES
CLAIMS
9-1. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the City all rights, title and interest and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with section 16700 of part 2 of division 7 of the Business and Professions Code), arising from the purchase of goods, services, or materials pursuant to this public works agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the Parties.
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SECTION 10 - TRENCHING AND EXCAVATION
10-1. If this contract involves digging trenches or other excavations that extend deeper than (4) feet below the surface, the following shall be done pursuant to California Public Contract Code Section 7104:
A. That the Contractor shall promptly and before the following conditions are disturbed, notify the City in writing, of any:
(1) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law.
(2) Subsurface or latent physical conditions differing from those indicated.
(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.
B. That the City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of work shall issue a change order under the procedures described in the contract.
C. That, in the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. The Contractor shall retain any and all rights provided either by contrac t or by law which pertains to the resolution of disputes and protests between the contracting parties.
SECTION 11 - REMOVAL, RELOCATION OR PROTECTION OF
EXISTING UTILITIES
11-1. Pursuant to Government Code Section 4215 et seq, the City shall assume the responsibility between the parties to this contract, for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the site of the construction project for this contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids.
11-2. The Contractor shall be compensated for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not identified in the plans and specifications with reasonable accuracy and for equipment on the project necessarily identified during such work.
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11-3. The Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the City, or the owner of the utility to provide for removal or relocation of such utility facilities.
11.4. The City shall not be required to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on adjacent to the site of construction, provided, however, nothing herein shall relieve the City from identifying main or trunk lines in the plans and specifications.
11.5. Nothing herein shall preclude the City from pursuing appropriate remedy against the utility for delays which are the responsibility of the utility.
11.6. If the Contractor, while performing the contract, discovers utility facilities not identified by the City in the contract plans or specifications, Contractor shall immediately notify the City and the utility in writing.
11.7. The public utility, when it is the owner, shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price.
11.8. Contractor shall comply with Government Code Section 4216 through 4216.9.
11.9. Conduits from existing street light and traffic signal systems may be encountered during construction of this project. All removals, relocations, and/or replacements of existing conduit systems shall be performed in accordance with these specifications and City standards, by a qualified electrical contractor. All costs for said work shall be borne by the Contractor and paid as a part of the various items of work requiring such removals, reloca tions, and/or replacements, and no other compensation shall be made therefore.
SECTION 200 - ROCK MATERIALS
200-2 UNTREATED BASE MATERIALS.
200-2.1 General. - Amend the first paragraph as follows:
“Materials for use as untreated base or subbase shall be classified in the order of preference as follows:
Crushed Aggregate Base
Crushed Miscellaneous Base
Pulverized Miscellaneous Base.”
200-2.4.1 General. - Delete the second sentence and replace with the following:
“The material shall be free of deleterious material as defined in 200-1.1.”
200-2.4.2 Grading. - Amend the first sentence of paragraph 1 as follows:
“The material shall be uniformly graded and shall conform to the ‘fine’ gradations:”
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200-2.5.1 General. - Delete the third sentence and replace with the following:
“The material shall be free of deleterious material as defined in 200-1.1.”
200-2.8.1 General. - Amend as follows:
Delete the second sentence of paragraph 1 and replace with the following:
“Pulverized miscellaneous base may contain underlying base material.”
Delete the third sentence of paragraph 1 and replace with the following:
“The material shall be free of deleterious material as defined in 200-1.1.”
SECTION 201 - CONCRETE, MORTAR AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE.
201-1.1.1 General - Add the following paragraph:
The Contractor shall furnish the Engineer in the field with a copy of the mix design to be used, and with a legible certified weighmaster's certificate for each load of PCC delivered to the project.
PCC delivered to the project site having a water content and/or slump greater than that specified in the mix design, shall be rejected and removed from the project site.
201-1.1.2 Concrete Specified by Class and Alternate Class - Amend Table 201 -1.1.2.(A) as follows:
Street Surface Improvements section -
All concrete in this section shall have a minimum compressive strength at 28 days of 22,410 kPa (3,250 pounds per square inch), and meet the requirements of class 330 -C-23 (560-C-3250) concrete.
Sewer & Storm Drain Facilities section, Sidehill Surface Drainage Facilities subsection - All concrete in this subsection shall have a minimum compressive strength at 28 days of 22,410 kPa (3,250 pounds per square inch), and meet the requirements of class 330 -C-23 (560-C-3250) concrete.
201-1.4.3 Transit Mixers. - Replace the first sentence in paragraph 6 with the following:
The total elapsed time between addition of water at the batch plant and the completion of the discharge of the PCC from the mixer, shall not exceed ninety (90) minutes. All PCC remaining in the mixer, after said ninety (90) minutes time limit, shall be rejected and removed from the project site.
SECTION 203 - BITUMINOUS MATERIALS
203-3 EMULSIFIED ASPHALT.
203-3.1 General. - Modify the section by adding the following:
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Asphalt emulsion shall be a QUICKSET ANIONIC OR CATIONIC EMULSIFIED ASPHALT conforming to the requirements of Subsection 203 -1.3, “Test Reports and Certification”, and Subsection 203-1.2, “Testing Requirements” of the Standard Specifications.
The latex additive shall be Ultra Pave 70 (for anionic) or Ultra Pave 65 K (for cationic) or an approved equal. The latex shall be added at the emulsion plant after weighing the asphalt and before the addition of mixing water. The latex shall be added at a rate of two to two-and-one-half (2 to 225) parts to one-hundred (100) parts of emulsion by volume.
203-5 SLURRY SEAL.
203-5.1 General. - Delete the sentence and replace with the following:
Slurry seal shall be emulsion-aggregate slurry (EAS) conforming to 203-5.4.
203-5.2 Mix Design. - Modify the section by adding the following:
(f) Admixtures, such as Portland Cement or aluminum sulfate may be mixed into the slurry material to adjust curing time such that the applied slurry can support vehicular traffic within 60 minutes.
(g) Use of slag shall not be permitted.
(h) Deliveries of aggregate and emulsion shall not be made without the engineer present.
Emulsion is not to be transferred to an on -site storage tanker without the sieve test performed by the City.
203-5.3.2 Grading. - Delete the sentence and replace with the following:
The combined aggregate gradation shall be determined in accordance with ASTM C136 and conform to Type II requirements shown in Table 203-5.3.2 (A).
203-5.4.1 General. – Modify the paragraph and replace with the following:
EAS shall be a stable mixture of emulsified asphalt, aggregate, water, a set control agent, and latex.
EAS shall be Type II-CQS-1h-EAS.
203-5.4.2.1 Aggregate. – Delete the sentence and replace with the following:
Aggregate shall be Type II conforming to 203-5.3.
203-5.4.2.2 Emulsified Asphalt. – Modify the first paragraph and replace with the following:
Emulsified asphalt shall be quick -set, and contain latex. Quick -set emulsified asphalt shall be CQS-1h conforming to 203-3.
203-6 ASPHALT CONCRETE.
203-6.1 General. - Add the following paragraph:
Unless otherwise approved by the Engineer, asphalt concrete for paving shall be C2 -PG 64-10 (1/2”) for finish paving or B-PG 64-10 (3/4”) for base paving. A sphalt concrete for Type D1 or Type D2 curb shall be D2 –PG 70-10.
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SECTION 206 - MISCELLANEOUS METAL ITEMS
206-7 TRAFFIC SIGNS.
206-7.1 General. The Contractor shall furnish or relocate and erect all traffic signage as required and specified.
All new traffic signage shall be a minimum of the encapsulated lens (high intensity) type, have an anti-graffiti protective covering and be installed on new posts. All traffic signage to be relocated shall be installed on new posts.
206-7.2 Protective Covering. Anti-graffiti protective covering shall be Type 1150 -POF, manufactured by 3M Company, or approved equal.
206-7.3 Post and Base. New posts and bases shall be Ultimate Sign Support System as manufactured by Western Highway, or approved equal.
SECTION 207 – GRAVITY PIPE
207-2 REINFORCED CONCRETE PIPE (RCP).
207-2.1 General. - Add the following sentences to paragraph 2:
The minimum D-load for any RCP shall be 1,350. The minimum size for RCP shall be 18 inches (457 mm) unless otherwise approved by the Engineer.
SECTION 211 - MATERIAL TESTS
211-1 COMPACTION TESTS.
211-1.4 General. The Contractor shall be responsible for all quality control for all work. The Contractor shall complete all necessary testing to ensure the quality requirements within the specifications are achieved. The Contractor shall conduct the compaction testing by a geotechnical engineering firm and the results of the testing shall be made available to the Engineer.
The City will complete assurance testing throughout the project by an independent testing firm.
The City will perform the first compaction test required at any location. If such test does not meet the required specifications, the City will make additiona l tests until the required compaction is obtained and withhold from the final payment due the Contractor, the cost of all such additional tests. To be acceptable, tests must be ordered and witnessed by the City. Tests will be ordered by the City and performed at a location and depth as directed by the City. The Contractor shall assist the City in performing these tests as necessary. The Contractor shall provide to the City the maximum dry density and the optimum moisture content results of backfill an d bedding material when requested by the City.
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SECTION 214 - TRAFFIC STRIPING, CURB AND PAVEMENT
MARKINGS, AND PAVEMENT MARKERS
214-4 PAINT FOR STRIPING AND MARKINGS.
214-4.1 General. - Amend the first sentence in paragraph 4 as follows:
“Glass beads conforming to 214-3 shall be mechanically applied at a rate of 0.6 to 0.8 kg of beads per liter (5 to 7 pounds of beads per gallon).”
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING.
300-1.1 General. - Amend as follows:
Amend paragraph 3 as follows:
“The natural ground surface shall be cleared of all vegetable growth, such as trees, logs, upturned stumps, roots of downed trees, brush, grass, weeds, shrubs, ground cover, tree stumps, decorative landscape rocks, edging, railroad ties, other decorative landscape treatments, boulders, rock, portland cement concrete, and all other objectionable materials, within the limits of construction.”
Add the following paragraphs:
Grubbing and removal of organic debris shall include the repair and/or replacement of all parkway irrigation piping and systems necessary to perform work on this Contract and capping pipelines until such time that permanent repairs and/or replacements have been made.
All debris removed from the project site under this item shall be disposed of at an approved dump site. All transportation costs and dump fees shall be borne by the Contractor.
Clearing and Grubbing shall include, but is not limited to, the following:
1. Removal of existing AC berms.
2. Removal of all curb and gutter, cross gutters, and spandrels shall be replaced within three (3) calendar days. The Asphalt Concrete patch for areas with curbs and gutters removed and replaced shall be placed within two (2) working days after the curb a nd gutter, cross gutters, and spandrels are replaced. Removal of all sidewalks shall be replaced within three (3) calendar days.
3. Saw cut and removal of poles, posts, PCC pavements, curb, gutter, and sidewalk. Holes resulting from removal of existing poles and posts from existing PCC, AC pavements and curbs and gutters, shall be filled or patched with like materials. Self -propelled drop hammers will not be allowed for removals.
Redlands Regular Meeting of 09-17-24
662 of 790
GC 40
4. Removal of all raised pavement markers not conforming to the approved plan or conflicting with the proposed striping as shown on the plans in accordance with Subsection 312 -3, Removal, of the Standard Specifications.
5. Removal and disposal of boulders, rock or PCC.
6. All trees and shrubs less than 3m ( 9 ft) directly above the entire sidewalk surface shall be trimmed and removed by the contractor to allow a clear path of travel for pedestrians.
7. Irrigation system relocation:
Any irrigation systems in conflict with the proposed improvements that are removed, damaged, disturbed, or broken shall be modified, repaired, and/or replaced to be operable and provide full irrigation coverage to the areas requiring irrigation using new m aterials, equal or better than the original materials, with 20 mm (3/4 in) Schedule 40 PVC being the minimum acceptable for underground lines and 13 mm (1/2 in) Schedule 80 being minimum acceptable for risers and with the systems not being out of operatio n for more than two (2) days. No payment for work associated with the irrigation repair will be released, until all irrigation is complete, operable and accepted by the City.
All trees, shrubbery and lawns deprived of normal irrigation watering due to a disruption of service caused by the Contractor’s operations shall be regularly and thoroughly irrigated by the Contractor so that said plantings will not be damaged. If any tre es, shrubbery or lawns die or suffer unacceptable damage as a result of or precipitated by the Contractor’s operations the Contractor shall replace same with the same plant species and size. Existing grass lawns within areas that must be excavated and/or re-graded shall be cut into approximate 305 mm (1 ft) squares, removed, protected, cared for and replaced as soon as possible. Dead, dying, and unacceptably damaged grass shall be replaced with new grass sod.
8. Existing inlets, slotted drains, drainage pipes, concrete gutters, drainage pipes, where any portion of such structure is within 1m of the grading plane in the excavation areas, or within 300 mm (1 ft) of original ground in embankment areas, or where shown on the plans to be removed, shall be completely removed and disposed of accordingly.
9. Removal and disposal of existing drainage inlet structure and PCC or AC apron.
10. The Contractor shall dispose all materials not being salvaged outside of the right -of-way and shall pay for all costs for disposal.
11.Removal and disposal of any abandoned utilities that may interfere with the improvements.
12.Self-propelled drop hammers will not be allowed for removals. 300-1.3.1 General. - Add the following paragraphs:
The Contractor shall dispose portland cement concrete, stone rubble, and brick at an approved dump site.
Redlands Regular Meeting of 09-17-24
663 of 790
GC 41
All reprocessed asphaltic cement concrete may be placed as the lower course of crushed aggregate base material. If the Contractor chooses not to reprocess the material, disposal at an approved dump site shall be required. All costs for disposal shall be borne by the Contractor. If the Contractor chooses to reprocess material, it shall be protected and remain contaminate -free, otherwise disposal at an approved dump site will be required with all costs borne by the Contractor.
All reprocessed asphaltic cement concrete to be used as crushed aggregate base shall be ground to conform to Section 200-2.2.
300-1.3.2 (a) Bituminous Pavement. - Amend the following:
Amend the second sentence as follows:
“Saw cutting of edges to be joined shall be with a power-driven saw. The groove shall be cut to a minimum depth of 4 inches (102 mm).”
Amend the third sentence as follows:
“Where bituminous pavement is to be removed, a cold mill header cut of maximum 6 feet (1.8 m) in width perpendicular to the join line shall be made, and a minimum laying depth of 1 inch (25mm) of new pavement material shall be provided at the join line.”
Amend the fourth sentence as follows:
“The edges of existing concrete pavement adjacent to the trench shall be saw cut to neat straight lines for the purpose of removing the damaged pavement areas.”
Add the following sentence:
Work under this item shall include asphalt concrete berms.
300-1.3.2 (b) Concrete Pavement. - Amend the following:
Amend the second sentence as follows:
“Saw cuts shall be made to a minimum depth of 4 inches (102 mm).”
Amend the third sentence as follows:
“If a saw cut in concrete pavement falls within 5 feet (1.5 m) of a construction joint, cold joint, expansion joint, or edge, the concrete shall be removed to the joint or edge.”
300-1.3.2 (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways and Alley Intersections. - Amend the following:
Amend the first sentence as follows:
“Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of 4 inches (102 mm).”
Amend the third sentence as follows:
“No section to be replaced shall be smaller than 36 inches (1 m) in either length or width.”
Amend the fourth sentence as follows:
Redlands Regular Meeting of 09-17-24
664 of 790
GC 42
“If the saw cut in sidewalk or driveway would fall within 36 inches (914 mm) of a construction joint, expansion joint, or edge, the concrete shall be removed to the joint or edge, except that where the saw cut would fall within 12 inches (300mm) of a score mark, the saw cut shall be made in and along the score mark.”
Amend the fifth sentence as follows:
“curb and gutter shall be sawed to a depth of 4 inches (102 mm) on a neat line at right angles to the curb face.”
300-1.3.2 (d) Striping and Markings. All existing striping, markings and raised pavement markers shown to be removed or necessary to be removed from paving areas. This item includes removal in compliance with applicable laws and cleanup of residue from the operation.