CITY OF REDLANDS
CITY COUNCIL
A G E N D A
OCTOBER 21, 2025
MARIO SAUCEDO
Mayor
MARC SHAW
Mayor Pro Tempore
PAUL BARICH
Council Member
EDDIE TEJEDA
Council Member
DENISE DAVIS
Council Member
***
JEANNE DONALDSON
City Clerk
PHILLIP DOOLITTLE
City Treasurer
CHARLES M. DUGGAN JR.
City Manager
YVETTE M. ABICH GARCIA
City Attorney
5:00 p.m. Open Public Meeting, Public Comment (Closed Session) 6:00 p.m. Open Session (Public Meeting)
* * *
City Council Chambers
Civic Center, 35 Cajon Street, Redlands, California
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A G E N D A
The following information comprises the agenda for the regular meeting of the City Council of the City of Redlands at the times noted below in the City Council Chambers, Civic Center, 35 Cajon Street, Redlands, California, on:
TUESDAY, OCTOBER 21, 2025
To join via Zoom on a computer, laptop, or smart device Please visit www.zoom.us, click on Join a Meeting
Enter the Meeting ID 896 2789 8341, then run the Zoom launcher To join via Zoom with audio only (cell phone or landline):
Dial 1-877-853-5247
Enter the Meeting ID 896 2789 8341
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In the event the City cannot reestablish Zoom connectivity in a reasonable amount of time, the mayor will adjourn the meeting to a future date.
PLEASE NOTE: Anyone desiring to speak on an agendized item at this meeting may do so during the consideration of that item. Due to time constraints and the number of persons who may wish to give oral testimony, public comments will be limited to three (3) minutes.
To provide comment while participating from Council Chambers:
Although it is not required, speakers are encouraged to submit a "Speaker Sign Up Sheet" before the meeting is convened. Forms are available in the Office of the City Clerk or in Council Chambers.
After the meeting has convened, you may place the speaker form in the basket at the table along the north wall of the Chambers. Please do not disturb the City Clerk while the meeting is in progress.
To provide comment through Zoom (on a computer, laptop, or smart device):
Click the "Raise Hand" button and the moderator will unmute you when it is your turn to speak To provide comment via audio only (cell phone or landline):
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PLEASE SILENCE CELL PHONES, PAGERS AND OTHER ELECTRONIC
COMMUNICATION DEVICES UPON ENTERING THE CHAMBERS
5:00 P.M.
A. Call City Council Meeting to Order.
B. Public Comment
(Any person wishing to provide public comment on a closed session matter may do so at this time.)
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C. Recess City Council Meeting to a Closed Session
1. Conference with Legal Council- Anticipated Litigation Pursuant to Government Code Sections 54956.9(d)(2) and (e)(3):
A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency, based on the receipt of a government claim from claimant Martha Farquhar threatening litigation (copy available for public inspection in City Clerk’s Office).
6:00
D. Reconvene City Council Meeting
E. Invocation by Council Member Davis
Pledge of Allegiance
(In keeping with long-standing traditions of legislative invocations, this City Council meeting may include a brief invocation. Such invocations are not intended to proselytize or advance any one, or to disparage any other, faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.)
F. Closed Session Report
(No reportable action taken in closed session unless otherwise announced by the City Attorney at this time.)
G. Public Comment - City Council
(At this time, the City Council will provide an opportunity for the public to address them on any subject, within the jurisdiction of the City Council, which is not already scheduled on this agenda.
However, any matter that requires action will be referred to staff for a report and possible action at a subsequent meeting. Comments will be limited to three {3} minutes.) H. Consent Calendar
(The following routine items have been recommended for approval and will be acted upon simultaneously unless separate discussion and/or action is requested by a Councilmember or a member of the audience.)
1. Approve minutes of the regular meeting of October 7, 2025 (City Clerk Donaldson)
2. Adopt Resolution No. 8728 pursuant to Government Code Section 54221 declaring that certain real property located at 21 N. Church Street (APN: 071-089-13-0000) is surplus land, authorizing the City Manager, or his designee, to send notices of availability as to the surplus land, and determining that approval of the resolution is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman)
3. Approve Memorandum of Understanding with CAL FIRE Conservation Camp Program for the provision of labor and support on conservation, fuels management and hazard reduction projects (Fire Chief Sessler)
4. Approve Resolution No. 8729 authorizing the City Manager to approve certain workers' compensation payments and settlements. (Human Resources Director Meteau)
5. Approve the First Amendment to the Agreement with Planetbids for an eProcurement Recycled Paper
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5. Approve the First Amendment to the Agreement with Planetbids for an eProcurement System (Management Services/Finance Director Garcia)
6. Approve a Sole Source Procurement Waiver and Professional Services Agreement with CDM Smith Inc. to provide construction engineering support services for the construction phase of the Joint Utilities Laboratory Building Renovation and Expansion Project Phase 1, and bidding support services for Phase 2 of this project for an amount not-to-exceed $155,420 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)
7. Approve the use of city resources and the request for in-kind support in the amount of $53,140.71 related to the Redlands Christmas Parade event hosted by the Kiwanis Club on December 6, 2025; approve temporary street closures related to the event; and determine that the event is categorically exempt from environmental review pursuant to Section 15311 (c) of the State's guidelines implementing the California Environmental Quality Act (Facilities and Community Services Director Crocker)
8. Approve an Agreement with Wildlife Control Service, Inc. for Pest Abatement Services for an amount not-to-exceed $225,000.60 (Facilities and Community Services Director Crocker) I. Communications
1. Conference Report- 2025 League of California Cities Annual Conference and Expo (Mayor Pro Tem Shaw and Council Member Davis)
J. New Business
1. Consideration of the following ordinances proposing to amend Title 15, Chapter 15.32 (Flood Damage Prevention) of the Redlands Municipal Code pertaining to floodplain management and flood damage prevention, and consideration of a determination of exemption from environmental review pursuant to Sections 15061(b)(3) and 15378(b)(5) of the California Environmental Quality Act Guidelines.
Adoption of Urgency Ordinance No. 2991,entitled, "An Urgency Ordinance of the City of Redlands Adopting Immediate Code Text Amendments to Title 15, Chapter 15.32 of the Redlands Municipal Code Relating to Flood Damage Prevention and Floodplain Management; and Declaring an Urgency for the Purpose of Protecting the Public Health, Safety, and General Welfare for Persons and Properties Within the City of Redlands;" and,
1. Introduce Ordinance No. 2992, entitled, "An Ordinance of the City of Redlands Amending Title 15, Chapter 15.32 of the Redlands Municipal Code Relating to Flood Damage Prevention and Floodplain Management." (Development Services Director Desatnik)
2. 2. Consideration of the adoption of Ordinance No. 2990 - Authorizing an amendment to the contract between the City Council of Redlands and the Board of Administration of the California Public Employees' Retirement System (Human Resources/Risk Management Director Meteau)
3. Consideration of a Public Works Construction Contract with Demo Leaders, Inc. for the WWTP Hillside Stabilization Project for an amount not-to-exceed $299,828.44, 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 (Municipal Utilities and Engineering Director Harris)
4. Consideration of a Public Works Construction Contract with Elegant Construction, Inc. for the Joint Recycled Paper
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4. Consideration of a Public Works Construction Contract with Elegant Construction, Inc. for the Joint Utilities Laboratory Building Renovation and Expansion Project for an amount not-to-exceed $3,097,000, and determination that this action is exempt from environmental review pursuant to Section 15301(e)(1) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
5. Consideration of a sole source Professional Services Agreement with Civil & Environmental Consultants, Inc. for engineering design and permitting services for the site integration of an ultra-low emissions flare at the California Street Landfill and Wastewater Treatment Plant in an amount not-to-exceed $268,200 (Facilities and Community Services Director Crocker)
6. Consideration of a $725,210.49 purchase order modification with Enterprise FM Trust for the vehicle lease and maintenance program resulting in a total purchase order amount not to exceed $3,791,433.53 and a total contract amount not-to-exceed $8,519,823.38 (Facilities and Community Services Director Crocker)
K. Individual Council Member Announcements and/or Reports on Activities (No collective discussion or action.)
L. Adjournment
The next regular meeting of the City Council will be held on November 4, 2025.
If you challenge any proposed development entitlement listed on this agenda in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Goutam Dobey, of the Municipal Utilities and Engineering Department at (909) 798-7584 ext 2. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
(28 CFR 35.102-35.104 ADA Title II)
Any writings or documents distributed to a majority of the City Council regarding an open session agenda item less than 72 hours before this meeting are available for public inspection at the City Clerk's Office or at the dais of the City Clerk once the open session begins.
Staff reports or other written documentation relating to items referred to on the agenda are available at the A. K. Smiley Public Library, 125 West Vine Street, Redlands, California, and on the City’s website referenced below.
Regular meetings are televised live on Redlands TV Channel 3 (Spectrum) and Channel 35 (Frontier) and re-broadcast at 7:00 P.M. the following Wednesday, Friday and Sunday; and at 9:00 A.M. Thursday, Saturday and Monday. Meetings are also streamed live and archived for later viewing on demand on the City’s website at www.cityofredlands.org. Agendas, staff reports and minutes of the City Council of the City of Redlands are available online at: www.cityofredlands.org.
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City Council Meeting H. 1.
DATE: 10/21/2025
TO: Honorable Mayor and City Council Members
SUBJECT: Approve minutes of the regular meeting of October 7, 2025 (City Clerk Donaldson)
MOTION:
I move to approve the regular meeting minutes of October 7, 2025.
Attachments
Regular Meeting Minutes of October 7, 2025
Redlands Regular Meeting of 10-21-25 6 of 1909
MINUTES
Regular meeting of the City Council of the City of Redlands held in the Council Chambers, Civic Center, 35 Cajon Street, on October 7, 2025 at 5:00 P.M.
Present: Mario Saucedo, Mayor
Marc Shaw, Mayor Pro Tempore
Paul Barich, Council Member
Eddie Tejeda, Council Member
Denise Davis, Council Member
Staff: Charles M. Duggan, Jr., City Manager; Yvette M. Abich Garcia, City Attorney; Jeanne Donaldson, City Clerk; Janice McConnell, Assistant City Manager; Chris Boatman, Assistant City Manager; Carl Baker, Public Information Officer; Danielle Garcia, Management Services/Finance Director; Brian Desatnik, Development Services Director; John Harris, Municipal Utilities and Engineering Director; Rich Sessler, Fire Chief; Rachel Tolber, Police Chief; Tabitha Crocker, Facilities and Community Services Director; Robert Meteau, HR/Risk Management Director
Mayor Saucedo called the meeting to order and explained that comments could be presented in-person, via Zoom, via cell phone or landline. He offered the public an opportunity to provide comment on any item on the agenda for the closed session.
PUBLIC COMMENT
None forthcoming
CLOSED SESSION
Conference with legal counsel: Existing Litigation - Government Code §54956.9(d)(1) (City Attorney Garcia)
Three Cases:
Rogers, et al. v. City of Redlands, San Bernardino Superior Court, Case No.
CIVSB2126031
a.
Holzer v. City of Redlands, et al., San Bernardino Superior Court, Case No.
CIVSB2322787
b.
Miller & Associates, Inc. v. City of Redlands, San Bernardino Superior Court, Case No.
CIVSB2203755
c.
RECONVENE CITY COUNCIL MEETING
The meeting reconvened at 6:00 P.M. with an invocation by Mayor Saucedo. The Pledge of Allegiance to the American flag was conducted by McKinley Elementary Peer Mediators.
CLOSED SESSION REPORT
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CLOSED SESSION REPORT
City Attorney Garcia announced the following report related to Closed Session actions:
Item C.1a. and C.1b. – There was no reportable action
Item C.1c. – Pursuant to government code section 54957.1(a)(3)(a) the City Council took action to approve a proposed settlement in the matter of Miller & Associates, Inc v City of Redlands, based on the following terms:
City of Redlands shall have the option to either purchase the property at 611 W Redlands Blvd for $3.4 million; or pay plaintiff $2.1 million to settle the lawsuit Plaintiff shall release all claims, known and unknown, against the City and dismiss its lawsuit against the City, with prejudice
The Mayor is authorized to sign the settlement agreement on behalf of the City; and a copy of the Agreement will be available in the City Clerk’s office once executed by all the parties Motion to approve the settlement was made by Mayor Pro Tem Shaw, seconded by Council Member Barich, and passed unanimously.
PRESENTATIONS
Redlands Pet Adoption
Animal Services Supervisor Joe Alcarez and Kennel Attendant Laura Contreras showed off "Autumn", a four-year-old female German Shepherd, who is available for adoption, along with thirty-eight other dogs at the Redlands Animal Shelter. Mr. Alcarez provided the Shelter statistics for September 2025, which included: 24 adopted dogs and 10 adopted cats.
National Fire Prevention Week Proclamation
Mayor Saucedo presented the National Fire Prevention Week Proclamation to Fire Chief Rich Sessler, Fire Marshal Vince Anderson, and Deputy Fire Marshal Justin Day.
Hindu Heritage Month Proclamation
Council Member Tejeda presented the Hindu Heritage Month Proclamation to Roop Goyal, Human Relations Commissioner.
PUBLIC COMMENT
Taxes - Dennis Bell was opposed to the Council raising any taxes and insisted the voters should be the ones to determine whether surcharges be increased.
School Shootings - Michael Paisner read aloud several names of student victims, ranging from kindergarten to twelfth grade, who were murdered during recent school shootings. He reminded the Council of their responsibility, noting that as elected leaders, their words and actions carry significant weight. He requested they be mindful about who and what they support and promote.
Litigation- Stephen Rogers said the court had ruled in his favor with regard to the litigation he brought against the City related to the solid waste surcharges found on utility users' solid waste CC_October 7, 2025
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bills. These PARIS surcharges should be removed as ordered by the court, but he was concerned that the city may not be meeting the requirements because there was no civil engineer managing the program.
Various - Robert Ceja said that many people were struggling to pay their bills and any additional taxes or surcharges would make things even more difficult. He pointed out that the impact of school shootings affects everyone in such a profound way. He supported gun ownership but thought that stricter gun regulations were needed.
CONSENT CALENDAR
Minutes
On motion of Council Member Paul Barich, seconded by Council Member Eddie Tejeda, the City Council unanimously approved, by roll call vote, the regular meeting minutes of September 16, 2025.
Vote: 5 - 0 Passed
Proclamation October 19-25, 2025 Childhood Lead Poisoning Prevention Week On motion of Council Member Paul Barich, seconded by Council Member Eddie Tejeda, the City Council unanimously authorized, by roll call vote, the issuance of a Proclamation declaring October 19-25, 2025 as Childhood Lead Poisoning Prevention Week.
Vote: 5 - 0 Passed
Proclamation National Fire Prevention Week
On motion of Council Member Paul Barich, seconded by Council Member Eddie Tejeda, the City Council unanimously authorized, by roll call vote, the issuance of a Proclamation recognizing National Fire Prevention Week from October 5-11, 2025.
Vote: 5 - 0 Passed
Proclamation October 2025 Hindu Heritage Month
On motion of Council Member Paul Barich, seconded by Council Member Eddie Tejeda, the City Council unanimously authorized, by roll call vote, the issuance of a Proclamation declaring the month of October 2025 Hindu Heritage Month in the City of Redlands.
Vote: 5 - 0 Passed
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Resolution No. 8721 National Opioids Settlement
On motion of Council Member Paul Barich, seconded by Council Member Eddie Tejeda, the City Council unanimously approved, by roll call vote, Resolution No. 8721 authorizing the City of Redlands’ participation in the National Opioids Settlement with Purdue Pharma and additional settling defendants: Alvogen, Amneal, Apotex, Hikma, Indivior, Mylan, Sun, and Zydus; and authorized the City Manager, or his designee, to execute any and all required participation documents through the Opioid Settlement Funds Portal, as this is the only method for execution and coordination of wet signatures would be impracticable.
Vote: 5 - 0 Passed
Resolution Nos. 8718 & 8719 Outside City Water Service Connection On motion of Council Member Paul Barich, seconded by Council Member Eddie Tejeda, the City Council unanimously adopted, by roll call vote, Resolution No. 8718 for a new water service connection to the City of Redlands water distribution system at 1320 Malachite Avenue (APN: 0298-145-30-0000) in the unincorporated community of Mentone; and adopted Resolution No. 8719 relating to Pre-Annexation Agreement No. 25-01.
Vote: 5 - 0 Passed
Annual Review Development Agreements
On motion of Council Member Paul Barich, seconded by Council Member Eddie Tejeda, the City Council unanimously approved, by roll call vote, to receive and file the Notice to conduct an annual review of approved Development Agreements in accordance with Chapter 18.220 of the Redlands Municipal Code. The following Development Agreements will be subject to an annual review for calendar year 2024: 1) Mountainview Power Company; 2) Robertson's Ready Mix, Ltd; 3) Cemex Construction Materials, L.P.; 4) Cal-Red Facility, LLC, a Delaware limited liability company, and Redlands Health Services and AV Associates; 5) Redlands Community Hospital; 6) ESRI (Environmental Systems Research Institute); 7) VPV State Street Village, LLC.
Vote: 5 - 0 Passed
First Amendment for Video Management System Replacement On motion of Council Member Paul Barich, seconded by Council Member Eddie Tejeda, the City Council unanimously approved, by roll call vote, the First Amendment to the Agreement with CelPlan Technologies Incorporated for Video Management System Replacement to expand camera coverage in the City. The proposed amendment, totaling $119,020, would fund the installation of these supplemental cameras and the necessary network enhancements, ensuring broader coverage and continued improvement of the City's surveillance capabilities.
Vote: 5 - 0 Passed
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Annual Maintenance Payment Computer Aided Dispatch/Records Management System
On motion of Council Member Paul Barich, seconded by Council Member Eddie Tejeda, the City Council unanimously authorized, by roll call vote, the annual maintenance payment to Motorola Solutions, Inc. in the amount of $118,649.92 for the Police Department's Spillman Computer Aided Dispatch/Records Management System.
Vote: 5 - 0 Passed
Pavement Condition Evaluation and Pavement Management System Agreement On motion of Council Member Paul Barich, seconded by Council Member Eddie Tejeda, the City Council unanimously determined, by roll call vote, that approval of the Professional Services Agreement with Bucknam Infrastructure Group, Inc. to update the Pavement Condition Evaluation and Pavement Management System is exempt from environmental review pursuant to section 15061(b)(3) of the guidelines implementing the California Environmental Quality Act; and approved the Professional Services Agreement with Bucknam Infrastructure Group, Inc. for an amount not-to-exceed $95,593 to update the Pavement Condition Evaluation and Pavement Management System.
Vote: 5 - 0 Passed
Contract Award Palo Alto Storm Drain Improvement Project On motion of Council Member Paul Barich, seconded by Council Member Eddie Tejeda, the City Council unanimously determined, by roll call vote, that approval of a Public Works Construction Contract with Metrocell Construction, Inc. for the Palo Alto Storm Drain Improvement Project is categorically exempt from environmental review pursuant to Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act; approved the Palo Alto Storm Drain Improvement Project plans and specifications, and awarded a Public Works Construction Contract to Metrocell Construction, Inc. for an amount not-to-exceed $83,093.80; and approved an additional appropriation of $13,093.80 from the Storm Drain Fund (405) unassigned fund balance.
Vote: 5 - 0 Passed
Water Utility and Wastewater Utility Rate Study Services Agreement On motion of Council Member Paul Barich, seconded by Council Member Eddie Tejeda, the City Council unanimously determined, by roll call vote, that approval of a Professional Services Agreement with Raftelis is exempt from environmental review pursuant to Section 15061(B)(3) of the State's guidelines implementing the California Environmental Quality Act; and approved the Professional Services Agreement with Raftelis to prepare a Water Utility and Wastewater Utility Rate Study for a value not-to-exceed $154,888.
Vote: 5 - 0 Passed
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PO Extension with USALCO for FY 25/26
On motion of Council Member Paul Barich, seconded by Council Member Eddie Tejeda, the City Council unanimously determined, by roll call vote, that approval of the annual Purchase Order extension with USALCO for FY 25/26 is exempt from environmental review pursuant to section 15301 of the State's guidelines implementing the California Environmental Quality Act; and approved the annual Purchase Order extension with USALCO for FY 25/26 for an amount not-to-exceed $150,000.00. The Water Utility Division operates and maintains two conventional surface water treatment plants that utilize an Aluminum Chlorohydrate solution for primary coagulation.
Vote: 5 - 0 Passed
Traffic Regulations Resolution No. 8717 STOP Control
On motion of Council Member Paul Barich, seconded by Council Member Eddie Tejeda, the City Council unanimously determined, by roll call vote, that the adoption of Resolution No. 8717 is exempt from environmental review pursuant to Section 15301(c) of the State's guidelines implementing the California Environmental Quality Act; and adopted Resolution No. 8717, to implement a STOP control on the eastbound Florida Street/17th Street intersection.
Vote: 5 - 0 Passed
In-Kind Support Citrus Valley Band Tournament
Facilities and Community Services Director Crocker reviewed the request for in-kind support in the amount of $2,250.00 related to the Citrus Valley Band Tournament hosted by the Citrus Valley Music Boosters on October 11, 2025. Mayor Saucedo introduced a few members of the Citrus Valley Band who described this event as the largest fundraiser of the year, and they invited everyone to attend and support the performing bands.
On motion of Mayor Pro Tempore Marc Shaw, seconded by Council Member Denise Davis, the City Council unanimously determined, by roll call vote, that the approval of the event is exempt from environmental review pursuant to Section 15311(c) of the State's guidelines implementing the California Environmental Quality Act; authorized the expenditure of city resources, in-kind support, in the amount of $2,250.00 related to the Citrus Valley Band Tournament, hosted by the Citrus Valley Music Boosters on October 11, 2025; approved temporary street closures related to this event to be held on October 11, 2025.
Vote: 5 - 0 Passed
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REVEL Big Bear Marathon Event Temporary Street Closure Request On motion of Council Member Paul Barich, seconded by Council Member Eddie Tejeda, the City Council unanimously determined, by roll call vote, that the approval of the event is exempt from environmental review pursuant to Section 15311(c) of the State's guidelines implementing the California Environmental Quality Act; and approved the request for the temporary street closure of San Bernardino Avenue and the sale and consumption of alcoholic beverages related to the REVEL Big Bear Marathon event hosted by the Brooksee Foundation on November 8, 2025.
Vote: 5 - 0 Passed
In-Kind Support Veterans Day Parade Event
Facilities and Community Services Director Crocker introduced the request for in-kind support in the amount of $21,301.00 related to the Veterans Day Parade event hosted by the Redlands Hometown Heroes Foundation on November 11, 2025. As public comment, Mick Gallagher, Board Chair of the Hometown Heroes Foundation, announced that this marks the twelfth year of the parade, which has proven to be a great success and honors all veterans.
This year also marks the 250th anniversary of the United States Army, U.S. Navy and Marine Corps, and the 50th anniversary of the end of the Vietnam War. He thanked the Council and the City, at large, for their ongoing support of veterans and invited everyone to attend.
On motion of Council Member Eddie Tejeda, seconded by Council Member Paul Barich, the City Council unanimously determined, by roll call vote, that the approval of the event, hosted by the Redlands Hometown Heroes Foundation, is exempt from environmental review pursuant to Section 15311(c) of the State's guidelines implementing the California Environmental Quality Act; authorized the expenditure of city resources, in-kind support in the amount of $21,301.00, and temporary street closures related to this event; and authorized the sale and consumption of alcoholic beverages during the Veterans Day Parade to be held on November 11, 2025.
Vote: 5 - 0 Passed
In-Kind Support Resident Expo hosted by Redlands Visitor Center On motion of Council Member Paul Barich, seconded by Council Member Eddie Tejeda, the City Council unanimously determined, by roll call vote, that the approval of the event is exempt from environmental review pursuant to Section 15311(c) of the State's guidelines implementing the California Environmental Quality Act; and authorized the expenditure of city resources, in-kind support in the amount of $900.00 related to the Resident Expo hosted by the Redlands Visitor Center; and approved temporary street closures related to the event to be held on November 8, 2025.
Vote: 5 - 0 Passed
COMMUNICATIONS
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Cancellation January 6, 2026 City Council Meeting
Mayor Saucedo opened the discussion and recommended the Council cancel the January 6, 2026, regular meeting of the City Council in light of the December holiday closure. The next regular meeting will be held on January 20, 2026.
On motion of Council Member Paul Barich, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the cancellation of the January 6, 2026, regular meeting of the City Council in light of the December holiday closure. The next regular meeting will be held on January 20, 2026.
Vote: 5 - 0 Passed
Paramedics Parcel Assessment and Analysis
Management Services/Finance Director Garcia presented the results of the preliminary analysis relating to Paramedics Parcel Assessment and outlined potential next steps. The report provided updated information on the cost of providing paramedic services vis-à-vis the revenue collected from the Paramedics Parcel Tax. Current paramedic program expenses include personnel (e.g., paramedic pay incentive for firefighter rank through captain rank, EMS Coordinator and Medical Director), required medications and equipment, and clinical consumables / patient care supplies (i.e., bandages, syringes, etc.).
This additional analysis is intended to clarify accounting and budgeting practices that may have complicated the way paramedic service costs have appeared in prior reports. Revenue in this category is collected from each non-vacant parcel within City limits. The City Council authorizes this levy every summer for placement on the tax roll for the ensuing fiscal year.
The County Assessor’s office collects this and all other property-related charges from property owners and remits corresponding amounts to the City directly through the special assessment process. As of the City's most recent request to add the paramedics tax to the County's tax roll for FY 2025-2026, there were 21,242 parcels upon which this levy was added. Vacant and irrigated parcels are excluded from this assessment.
Paramedics Services — Fiscal Year 2025 Analysis
- Program Costs: $1,276,000
- Program Revenue: $1,146,200
-Variance: +$129,800
Director Garcia pointed out that the variance of $129,800, can be managed within existing General Fund appropriations. She said staff can continue to periodically assess the costs of the paramedic program every 3 to 5 years. As public comment, Bill Blankenship thought the Paramedica Parcel Assessment program was structurally sound, and the numbers themselves were proof that a ballot measure was unnecessary. Andy Hoder questioned whether the city could establish an exemption or "benefit assessment" for veterans to adjust their Paramedic Parcel Assessment. Council Members thanked staff for their thorough analysis. They discussed their preferences, and it was determined that at this time, they were not inclined to put forward a ballot measure to the voters. With no motion made, the matter was tabled.
PUBLIC HEARINGS
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Resolution Nos. 8722 and 8723 CFD 2004-1 Annexation No. 28 Mayor Saucedo opened the public hearing and called on Development Services Director Desatnik for a report on Resolution Nos. 8722 and 8723 and a request from KL LB Buy 2, LLC and Tri Pointe Homes IE-SD, Inc., regarding the annexation of approximately 37.87 acres of land located at the southwest corner of San Bernardino Avenue and Wabash Avenue. If approved, the action would annex territory to Community Facilities District No. 2004-1 for the purposes of performing maintenance of street trees within the street right-of-way adjacent to Tract Map No 20473, and any other public services authorized by the act.
City Clerk Donaldson agreed to hold the special election within the annexing territory on October 7, 2025. As public comment, Stephen Rogers claimed that the Tri Pointe IE-SD development was processed fraudulently, which he reported as illegal activity to Police Chief Tolber and to the fraud division of the County DA's office. City Manager Duggan and City Attorney Garcia clarified to say the city takes these allegations seriously and has thoroughly reviewed and vetted the matter.
With no further comments, Mayor Saucedo closed the public hearing. City Clerk Donaldson conducted the special election and announced the results, with Tri Pointe Homes voting 2 Yes to 0 No and KL LB Buy 2, LLC voting 37 Yes and 0 No, for a total of 39 Yes votes to 0 No votes, determining the required two-thirds of the votes cast were in favor of levying the tax.
On motion of Mayor Mario Saucedo, seconded by Council Member Eddie Tejeda, the City Council unanimously determined, by roll call vote, that adoption of Resolution Nos. 8722 and 8723 are not subject to environmental review pursuant to Section 15061 (b)(3) of the California Environmental Quality Act, as the adoption of these Resolutions does not have the potential to cause a significant effect on the environment; On motion of Council Member Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously approved Resolution No. 8722, calling a special election of the question of levying special taxes within the territory to be annexed to CFD No. 2004-1 and On motion of Council Member Eddie Tejeda, seconded by Council Member Paul Barich, the City Council unanimously approved Resolution No. 8723 declaring t 8723 declaring the voting results (39 Yes to 0 No votes) of the special election of Annexation No. 28 to Community Facilities District No. 2004-1, were in favor of levying the tax, and therefore, the territory will be annexed to the CFD No. 2004-1.
Vote: 5 - 0 Passed
Resolution Nos. 8724 and 8725 CFD No. 2004-1 Annexation No. 30 Mayor Saucedo opened the public hearing and called on Development Services Director Desatnik for a report on Resolution Nos. 8724 and 8725 and a request from Meritage Homes of California, Inc., a California corporation, to annex approximately 12.05 acres of land located on the north side of West Pioneer Avenue and east of I-210. If approved the territory would be annexed to Community Facilities District No. 2004-1 (CFD) for the purposes of performing maintenance of a parking lot, infiltration basin, storm water treatment devices, landscaping, and street trees within lettered lot "I", lettered lot "F" and street right-of-way CC_October 7, 2025
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Redlands Regular Meeting of 10-21-25 15 of 1909
adjacent to Tract Map No 20528, and any other public services authorized by the act. The Notice of Hearing was published and mailed as required by law.
City Clerk Donaldson agreed to hold the special election within the annexing territory on October 7, 2025. With no further comments, Mayor Saucedo closed the public hearing. City Clerk Donaldson conducted the special election and announced that Meritage Homes of California voted 13 Yes to 0 No votes, determining the required two-thirds of the votes cast were in favor of levying the tax.
On motion of Mayor Mario Saucedo, seconded by Council Member Eddie Tejeda, the City Council unanimously determined, by roll call vote, that adoption of Resolution Nos. 8722 and 8723 are not subject to environmental review pursuant to Section 15061 (b)(3) of the California Environmental Quality Act, as the adoption of these Resolutions does not have the potential to cause a significant effect on the environment; On motion of Council Member Eddie Tejeda, seconded by Council Member Denise Davis, the City Council unanimously approved Resolution No. 8724, calling a special election of the question of levying special taxes within the territory to be annexed to CFD No. 2004-1 and On motion of Mayor Mario Saucedo, seconded by Council Member Eddie Tejeda, the City Council unanimously approved Resolution No. 8725 declaring the voting results (13 Yes to 0 No votes) of the special election of Annexation No. 30 to Community Facilities District No. 2004-1, were in favor of levying the tax, and therefore, the territory will be annexed to the CFD No. 2004-1.
Vote: 5 - 0 Passed
NEW BUSINESS
Ordinance No. 2990 Amendment to CalPERS Contract
Human Resources/Risk Management Director Meteau provided background on Ordinance No. 2990 authorizing an amendment to the contract between the City Council of the City of Redlands and the Board of Administration of the California Public Employees' Retirement System. On September 16, 2025, the City Council adopted a Resolution of Intention as the initial step in the formal contract amendment process with the Board of Administration of the California Public Employees' Retirement System (CalPERS). The proposed amendment seeks to remove the current language excluding hourly employees from CalPERS membership, which is currently embedded in the contract between the City and the CalPERS Board of Administration. The next step in the process is for the City to introduce and adopt an Ordinance authorizing the amendment to the contract, which then allows CalPERS to proceed with the preparation of the final amendment documents for consideration at a future City Council meeting. It is CalPERS' recommendation to remove the exclusion and utilize Government Code section 20305.
On motion of Mayor Pro Tempore Marc Shaw, seconded by Council Member Denise Davis, the City Council unanimously introduced, by roll call vote, Ordinance No. 2990 authorizing an amendment to the contract between the City Council of the City of Redlands and the Board of Administration of the California Public Employees' Retirement System.
Vote: 5 - 0 Passed
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Redlands Regular Meeting of 10-21-25 16 of 1909
WWTP Secondary Clarifier Rehabilitation Project Agreement Municipal Utilities and Engineering Director Harris explained the need for a Non-Professional Services Agreement with Sentry Equipment for the Wastewater Treatment Plant Secondary Clarifier Rehabilitation Project for an amount not-to-exceed $529,337.60, which includes a ten percent contingency allowance. Sentry Equipment Corp. submitted the lowest responsive and responsible bid for this project.
On motion of Mayor Mario Saucedo, seconded by Mayor Pro Tempore Marc Shaw, the City Council unanimously determined, by roll call vote, that the Wastewater Treatment Plant Secondary Clarifier Rehabilitation Project is exempt from environmental review in accordance with Section 15302(c) of the State's guidelines implementing the California Environmental Quality Act; and approved the Non-Professional Services Agreement with Sentry Equipment for the Wastewater Treatment Plant Secondary Clarifier Rehabilitation Project for an amount not-to-exceed $529,337.60.
Vote: 5 - 0 Passed
First Amendment to Contract for 2023 CIP Water Pipeline and Highline Replacement Project Municipal Utilities and Engineering Director Harris highlighted the salient facts of the First Amendment to the Public Works Construction Contract with MCC Pipeline, Inc. for the 2023 CIP Water Pipeline and Highline Replacement Project, which would increase the Contract contingency amount by $480,000. The additional work includes the installation of approximately 600 linear feet of 8-inch ductile iron pipe, 1,700 linear feet of PVC service pipe, and 225 linear feet of copper service pipe. Additionally, the street pavement conditions within the project corridor necessitated additional pavement restoration beyond the quantities originally anticipated in the contract. These adjustments were required to maintain service continuity and restore the impacted public rights-of-way to acceptable standards.
On motion of Mayor Pro Tempore Marc Shaw, seconded by Council Member Denise Davis, the City Council unanimously approved, by roll call vote, the First Amendment to the Public Works Construction Contract with MCC Pipeline, Inc. for the 2023 CIP Water Pipeline and Highline Replacement Project to increase the contract contingency amount by $480,000; and authorized an additional appropriation in the amount of $480,000 from Water Fund.
Vote: 5 - 0 Passed
Landscape Maintenance Services Agreement for Museum of Redlands Facilities and Community Services Director Crocker presented the Non-Professional Services Agreement with BrightView Landscape Services, Inc. for the Museum of Redlands Landscape Maintenance services for a two-year initial term and the option to extend the initial term by one additional one-year term, on the same terms and conditions, for an amount not to exceed $125,182.
On motion of Mayor Pro Tempore Marc Shaw, seconded by Council Member Paul Barich, the CC_October 7, 2025
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Redlands Regular Meeting of 10-21-25 17 of 1909
On motion of Mayor Pro Tempore Marc Shaw, seconded by Council Member Paul Barich, the City Council unanimously determined, by roll call vote, that approval of a Non-Professional Services Agreement with BrightView Landscape Services, Inc. for Museum of Redlands landscape maintenance services is exempt from the California Environmental Quality Act pursuant to Section 15301(h) of the CEQA Guidelines; and approved the Non-Professional Services Agreement with BrightView Landscape Services, Inc. for a two (2) year initial term and the option to extend the initial term by one (1) additional one-year term, on the same terms and conditions, for an amount not to exceed $125,182.
Vote: 5 - 0 Passed
Holiday Decor and Installation Services Agreement
Facilities and Community Services Department Director Crocker introduced an agreement with Southern California Lighting Inc., DBA The Christmas Kings for holiday decor and installation services for a one-year initial term and the option to extend the initial term by two additional one-year terms for the downtown area in an amount not-to-exceed $440,400.
On motion of Council Member Paul Barich, seconded by Council Member Eddie Tejeda, the City Council unanimously determined, by roll call vote, that approval of the agreement is exempt from environmental review pursuant to Section 15301(c) of the State’s guidelines implementing the California Environmental Quality Act; and approved the agreement with Southern California Lighting Inc., DBA The Christmas Kings for holiday decor and installation services for the downtown area for a one (1) year initial term and the option to extend the initial term by two (2) additional one-year terms, in an amount not-to-exceed $440,400.
Vote: 5 - 0 Passed
Citrus Grove Farming Services Agreement
Facilities and Community Services Director Tabitha Crocker detailed the agreement with Larry Jacinto Farming, Inc. for as-needed Citrus Grove Farming Services of City-owned citrus groves for an amount not-to-exceed $2,316,612 for a period of up to three years. The City employs a balanced approach, using a combination of in-house staff and specialized contractual services to meet operational needs in an efficient and cost-effective manner. The proposed agreement with Larry Jacinto Farming, Inc. establishes a comprehensive scope of services necessary to sustain the City’s citrus program.
On motion of Mayor Pro Tempore Marc Shaw, seconded by Mayor Mario Saucedo, the City Council unanimously determined, by roll call vote, that approval of a Non-Professional Services Agreement with Larry Jacinto Farming Inc. for as-needed Citrus Grove Farming Services is exempt from the California Environmental Quality Act pursuant to Section 15301(h) of the CEQA Guidelines; and approved the agreement with Larry Jacinto Farming, Inc. for as-needed Citrus Grove Farming Services of City-owned citrus groves for an amount not-to-exceed $2,316,612 for a period of up to three years.
Vote: 5 - 0 Passed
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Redlands Regular Meeting of 10-21-25 18 of 1909
Resolution No. 8727 Ceasing Transfers of Solid Waste Rate Revenues to PARIS Program Assistant City Manager Boatman provided context surrounding Resolution No. 8727 confirming solid waste rates and ceasing transfers of solid waste rate revenues to the PARIS program. In the case of Rogers v. City of Redlands, the Court ruled that the City could no longer use solid waste utility rates to fund the Pavement Accelerated Repair Implementation Strategy (PARIS), which has supported local street repair efforts. The Court’s order is now final, and the City must comply by removing the PARIS transfer from its solid waste rate structure.
In September 2025, R3 prepared updates to the 2024 Rate Study to reflect new operational and regulatory information. Key adjustments reflected in the 2025 update include: 1) Eliminating the annual $1,885,248 transfer from the Solid Waste Fund to the Pavement Accelerated Repair Implementation Strategy (PARIS) beginning in FY 2025-26; 2) Updating the vehicle replacement schedule so aging units are replaced at the end of their useful lives (reversing timelines that extended beyond normal expectations in the 2024 Rate Study); 3) Costs for CARB ACF compliance, including purchase of ZEV solid waste collection vehicles and charging infrastructure, which are currently projected at roughly twice the cost of conventional internal combustion engine collection vehicles.
With the updated analysis, R3 concluded that the Council-approved adjustments for January 1, 2026, 2027 and 2028 remain necessary and appropriate to fund projected expenses and maintain minimum working reserves. If approved, this resolution will:
Confirm compliance with the Court’s order by ending the PARIS transfer from solid waste rates
Confirm that existing rates are appropriate and necessary to fund ongoing costs Direct future funding toward vehicle replacement and State-mandated clean fleet requirements, rather than street repairs; and
Ensure compliance with the Court’s judgment while maintaining stable rates for customers and responsibly addressing the long-term sustainability of the solid waste utility.
As public comment, Dennis Bell was displeased this item was placed at the back of the agenda, and he thought the PARIS surcharge was based on a faulty premise that trash trucks were tearing up city streets. Instead, he thought it was due to the Council prioritizing cultural amenities over infrastructure. Stephen Rogers urged the Council to deny this resolution and what he called a short-sighted attempt to sidestep the fact that the Redlands utility rate payers have been overcharged over the last twelve years for an illegal surcharge. He thought the City should reimburse trash utility rate payers for this surcharge.
On motion of Mayor Mario Saucedo, seconded by Council Member Eddie Tejeda, the City Council adopted, by roll call vote, Resolution No. 8727 confirming solid waste rates and ceasing transfers of solid waste rate revenues to the PARIS program.
Vote: 4 - 1 Passed
NAY: Council Member Paul Barich
COUNCIL MEMBER ANNOUNCEMENTS AND ACTIVITIES
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Redlands Regular Meeting of 10-21-25 19 of 1909
Mayor Saucedo attended the SBCTA monthly meeting, participated in the Garner Holt Public Safety Awards event, and the Chaplin luncheon at the Redlands Community Hospital.
He was a part of the Dusshera Fest, highlighting Indian culture, dance and music, at Israel Beal Park, and he was honored to read to students at the Smiley Library Family Days in the Reading Room.
Mayor Pro Tem Shaw submitted his report of activities for the month of September 2025, as available online and attached to the staff report.
Council Member Barich enjoyed the Dinner at the Grove (held instead at Esri, due to rain), in support of Family Services of Redlands and attended the 14th Annual Redlands Optimist Club Oktoberfest Event at Sylvan Park.
Council Member Tejeda attended a luncheon, hosted by Assemblymember James Ramos, to celebrate the successful passage of AB 53. The bill created the first ever state tax exemption on military pensions for retirees and their survivors, enjoyed the Movies @ the Park, and represented the City at the US Bangla Association event.
Council Member Davis participated in the Annual Believe Walk event and presented a Certificate of Recognition to students at the School of Public Policy at UC Riverside.
ADJOURNMENT
There being no further action required the meeting adjourned at 7:37 P.M. The next regular meeting of the City of Redlands City Council will be held on October 21, 2025.
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Redlands Regular Meeting of 10-21-25 20 of 1909
City Council Meeting H. 2.
DATE: 10/21/2025
TO: Honorable Mayor and City Council Members
SUBJECT: Adopt Resolution No. 8728 pursuant to Government Code Section 54221 declaring that certain real property located at 21 N. Church Street (APN: 071-089-13-0000) is surplus land, authorizing the City Manager, or his designee, to send notices of availability as to the surplus land, and determining that approval of the resolution is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Assistant City Manager Boatman)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motions are provided:
I move that the City Council determine that adoption of Resolution No. 8728 is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and
1. 2. I move to adopt Resolution No. 8728.
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 8728, pursuant to Government Code Section 54221 declaring that certain real property located at 21 N. Church Street (APN: 071-089-13-0000) is surplus land, and finding that such declaration is exempt from environmental review pursuant to Section 15061(b)(3) under the California Environmental Quality Act.
Redlands Regular Meeting of 10-21-25 21 of 1909
DISCUSSION:
The City owns property in fee located at 21 N. Church Street and as more particularly described in Exhibit A of the attached resolution (the "Property").
In an effort to address the housing crisis throughout the state, the State Legislature revamped the Surplus Land Act (SLA) in 2019 to strengthen the right of first refusal for affordable housing developers to bid on local agency-owned surplus land. The SLA requires public agencies to comply with certain procedures when disposing of real property.
The SLA requires all local agencies to prioritize affordable housing, as well as parks and open space, when disposing of surplus land. Before a local agency may dispose of land subject to the SLA, the land must be declared either surplus land or exempt surplus land, as supported by written findings. For surplus land, the City must go through a formal process to offer the land to qualifying entities and negotiate with responsive parties.
Adoption of Resolution No. 8728 would declare the Property as surplus according to the findings supporting this determination. The Resolution also includes authorization for the City Manager, or his designee, to send written notices of availability to appropriate public agencies as designated by the SLA.
Recipients of the notice would then have 60 days to indicate their interest in the purchase of the surplus land. If a recipient expresses interest in purchasing the property, the City must enter into good-faith negotiations for a period of not less than 90 days. The City is not, however, required to sell the land to the interested party. If terms of sale are not agreed upon following good-faith negotiation, the land may otherwise be disposed of or sold by the City.
Approval of Resolution No. 8728 is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (CEQA). This section states that a project is exempt from CEQA if it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The recommended action is consistent with this Section as it only identifies certain property as surplus and will not have a physical effect on the environment. Any future project located on the properties will be subject to the appropriate environmental review.
ALTERNATIVES:
The Council may deny this request and provide direction to staff.
Redlands Regular Meeting of 10-21-25 22 of 1909
STRATEGIC PLAN:
Not Applicable
SUBMITTED BY:
Christopher Boatman, Assistant City Manager
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Tricia Swope, Manager, Facilities and Community Services Fiscal Impact
Fiscal Year: FY 2025-26
Discussion:
There are minimal costs relative to the recommended action. Some direct costs will be incurred due to notices that must be mailed to the State, other agencies, and registered developers notifying them of the City’s surplus property list.
Sufficient funding for these costs are included in the Facilities and Community Services budget (101300) for Fiscal Year 2025-26 as adopted by City Council.
Attachments
A. Resolution No. 8728
B. Map of Parcel 0171-089-13
Redlands Regular Meeting of 10-21-25 23 of 1909
I:\cmo\Resolutions\8728-Environmental Quality Act.docx-jl RESOLUTION NO. 8728
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS PURSUANT TO GOVERNMENT CODE SECTION 54221 DECLARING
THAT CERTAIN REAL PROPERTY (LOCATED ON THE SOUTH WEST
CORNER OF NORTH CHURCH STREET AND EAST STATE STREET IN
REDLANDS, CA; APN: 0171-089-13-0000) IS SURPLUS LAND, AND
FINDING THAT SUCH DECLARATION IS EXEMPT FROM
ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Redlands (the "City") acquired property located located on the South West corner of North Church Street and East State Street in Redlands, CA; APN 0169-321- 03-0000, as more particularly described in Exhibit A, attached hereto and incorporated herein by reference (the "Property"); and
WHEREAS, the City is the fee simple owner of that Property; and WHEREAS, the Surplus Land Act, Government Code sections 54220 et seq. (the “Act”) applies when a local agency disposes of “surplus land,” which is defined in the Act as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use.” (Government Code section 54221(b)(1)); and
WHEREAS, under the Act, “local agency” means “every city, whether organized under general law or by charter, county, city and county, district, including school, sewer, water, utility, and local and regional park districts of any kind or class, joint powers authority, successor agency to a former redevelopment agency, housing authority, or other political subdivision of this state and any instrumentality thereof that is empowered to acquire and hold real property.” (Government Code section 54221(a)(1)); and
WHEREAS, the Act requires local agencies such as the City to declare certain real property they own as either “surplus land” or “exempt surplus land,” as supported by written findings, prior to any disposition of the real property; and
WHEREAS, the City Council has reviewed this Resolution and now desires to declare the Property as surplus land under the Act, based on the findings and justifications contained in this Resolution; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:
SECTION 1: The above recitals are true and correct and are a substantive part of this Resolution and findings of the City Council.
SECTION 2: The City Council hereby declares that the Property is no longer necessary for the City’s use, and is therefore declared surplus pursuant to Government Code Section 54220 et. Seq. and based upon the following findings:
Finding: The land is surplus and is not necessary for the City’s use.
Redlands Regular Meeting of 10-21-25 24 of 1909
I:\cmo\Resolutions\8728-Environmental Quality Act.docx-jl Evidence: The property was purchased for potential expansion of water facilities. The property is no longer required for future expansion.
SECTION 3: This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”).
City staff has determined that the mere designation of the Property as surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to State CEQA Guidelines Section 15060(c)(3), because it is not a project as defined by the CEQA Guidelines, Section 15378. Adoption of the Resolution, in and of itself, does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Nothing in this Resolution commits the City to a particular course of action with respect to the proposed transfer of exempt surplus property.
SECTION 4: The City Manager or designee is hereby authorized and directed to send a copy of this Resolution to the California Department of Housing and Community Development in accordance with the requirements of Section 400(e) of the SLA Guidelines.
SECTION 5: If any section, subsection, paragraph, sentence, clause or phrase of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution.
SECTION 6: The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Redlands at a regular meeting held on the 21st day of October, 2025, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Mario Saucedo, Mayor
ATTEST:
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 10-21-25 25 of 1909
I:\cmo\Resolutions\8728-Environmental Quality Act.docx-jl
EXHIBIT A
Description of Property
APN 0171-089-13-0000
T1MMONS F1RST ADD E 45.42 FT LOT 15
Redlands Regular Meeting of 10-21-25 26 of 1909
Redlands Regular Meeting of 10-21-25 27 of 1909
City Council Meeting H. 3.
DATE: 10/21/2025
TO: Honorable Mayor and City Council Members
SUBJECT: Approve Memorandum of Understanding with CAL FIRE Conservation Camp Program for the provision of labor and support on conservation, fuels management and hazard reduction projects (Fire Chief Sessler)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:
I move that the City Council approve the Memorandum of Understanding between the City of Redlands and the California Department of Forestry and Fire Protection (CAL FIRE) Conservation Camp Program for the provision of labor and support on conservation, fuels management, and hazard reduction projects.
RECOMMENDATION:
Staff recommends that the City Council approve the Memorandum of Understanding (MOU) between the City of Redlands and the California Department of Forestry and Fire Protection (CAL FIRE) Conservation Camp Program for assistance with conservation, fuels management, and hazard reduction projects throughout the city.
DISCUSSION:
The CAL FIRE Conservation Camp Program utilizes inmate or ward crews to assist with public agency conservation and hazard reduction projects. This program provides labor, supervision, transportation, food, and tools for approved projects while prioritizing emergency fire suppression activities.
The City has identified a need for support in performing conservation and fuels management projects on City-owned lands to reduce wildfire risk and maintain public safety. Participation in this program allows the City to leverage CAL FIRE Redlands Regular Meeting of 10-21-25 28 of 1909
resources efficiently and cost-effectively.
The MOU establishes the responsibilities of both parties in carrying out conservation and fuels management projects. The City will submit project proposals for CAL FIRE’s evaluation and is responsible for project planning, securing necessary permits, providing technical guidance, and covering project-specific costs, excluding CAL FIRE’s labor, supervision, and tools. In turn, CAL FIRE will provide crews, supervision, tools, transportation, and food to complete approved projects. All improvements completed under the agreement will remain the property of the City, though CAL FIRE may place signage at project sites to acknowledge its participation. The agreement will remain in effect for two years from the effective date, unless terminated earlier by either party.
ALTERNATIVES:
The City Council may decide not to approve the MOU.
STRATEGIC PLAN:
Priority B - Public Health & Safety
SUBMITTED BY:
Rich A. 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
Redlands Regular Meeting of 10-21-25 29 of 1909
Fiscal Impact
Fiscal Year: FY 2025-26
Revenue Generating: N
Appropriation Required Y/N: N
Discussion:
Costs to the City are limited to project-specific expenses such as materials, permits, and technical supervision. CAL FIRE covers wages, food, transportation, and tools for its crews. No additional funding appropriation is required beyond the planned project budgets.
Attachments
MOU - Conservation Camp Program
Redlands Regular Meeting of 10-21-25 30 of 1909
I:\cmo\Agreements\Cal Fire MOU-FY2526-062.doc-jl
Westvalleyd3503!STATE OF CALIFORNIA
DEPARTMENT OF FORESTRY AND FIRE PROTECTION
CONSERVATION CAMP PROGRAM – MEMORANDUM OF UNDERSTANDING FC-31 (Rev. 11/10)
MOU #__________________ Master Agreement #_______________ This Memorandum of Understanding (MOU) is made and entered into by and between the California Department of Forestry and Fire Protection (CAL FIRE) and _____________________________________________ (Sponsor).
WHEREAS, CAL FIRE is authorized under Public Resources and Penal Codes to utilize inmates, or wards, assigned to conservation camps to perform the work of CAL FIRE;
WHEREAS, through contracts or cooperative agreement CAL FIRE may permit inmates, or wards to be used in the performance of conservation projects, fuels management and or hazard reduction (which could include slash and pile burning) for a public agency (local, state, or federal) or a qualified nonprofit organization under policies established by the Prison Industries Authority; and WHEREAS, the Sponsor has a need for assistance in performing such projects, The parties agree as follows:
A. The Sponsor shall submit project proposals on a form approved by CAL FIRE (currently an FC-32). By doing so, with reference to any such proposals subsequently approved by the CAL FIRE, Sponsor agrees to:
1. Pay for all costs directly related to and necessitated by such projects, except for wages, salaries, and other remuneration paid to CAL FIRE employees, inmates, or wards, and the cost of their support.
2. Demonstrate the availability of adequate plans and specifications, sufficient funds, materials, supplies, and equipment, adequate technical supervision and any special labor requirements to complete such projects.
3. Obtain the approvals, notification, and permits required by any state, federal, or local agency necessary to commence construction, fuels management, or operation of such projects.
4. Hold an orientation meeting with CAL FIRE at the commencement of such projects to explain the technical aspects, execution of, and need for such projects.
B. From proposals submitted by the Sponsor, CAL FIRE shall select those projects meeting the priorities and resources of CAL FIRE. CAL FIRE shall submit evaluations to Sponsor that set forth any special requirements or conditions related to the projects. By so doing, with reference to any such evaluations subsequently approved by Sponsor, CAL FIRE agrees to provide labor, crew, supervision, normal transportation, food, and such tools as CAL FIRE determines to be available. Upon receipt of Sponsor’s acceptance of such evaluations, projects shall be assigned to a conservation camp where they will be scheduled in accordance with the priorities and resources of CAL FIRE.
C. Timing
1. Sponsor recognizes that fire suppression and other emergency activities have priority over any other work for conservation camp crews.
2. Sponsor further recognizes that the resources of CAL FIRE are limited and the public service conservation work of CAL FIRE may be altered in priority form time to time.
3. Projects will be performed within the rules and regulations of CAL FIRE which may require temporary suspension or permanent cessation of projects due to emergency conditions as defined by such rules and regulations.
4. The Parties agree that any justified delays by either party shall be excused and costs caused by such delays shall be borne by the party incurring such costs.
D. Work performed under this MOU will be under the immediate supervision of CAL FIRE officials. The Sponsor will provide such operation supervision, technical assistance, guidance, and inspection, as it considers necessary to properly complete the work.
E. Nothing herein shall be construed as obligating the Sponsor to expend or to obligate funds in excess of appropriations authorized by law.
F. All improvements constructed in whole or in part on lands owned or controlled by Sponsor will remain the property of Sponsor.
G. Permission to perform work on lands owned or controlled by Sponsor does not in any way convey to CAL FIRE, its staff or any persons working with CAL FIRE in the performance of said work, employee status that would extend to them the benefits afforded to permanent employees of Sponsor.
Redlands Regular Meeting of 10-21-25 31 of 1909
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H. Upon completion of each project, or any phase thereof, permission is hereby granted to CAL FIRE to place upon the project site a sign or emblem consistent in size and design to its surroundings, indicating the participation of CAL FIRE and the year thereof.
I. Other than as indicated in Section H, neither party shall use the name of the other party in any form or manner in advertisements nor other information released to the public without the prior written approval of the other party. Sponsor may be, and CAL FIRE is, subject to the California Public Records Act. This Section I is not intended to prohibit either party from legally complying with the PRA.
J. Each party, to the extent permitted by law, agrees to indemnify and hold harmless the other party, its officers, agents and employees from all claims, demands, or liability arising out of the indemnifying party’s performance under this MOU except where such injury or damage arose from the sole negligent or intentional acts or omissions of the other party.
K. Neither party may assign this MOU or any interest herein without the written consent of the other party.
L. Subject to the provisions herein, all remedies allowed by law are available to either party for enforcement of this MOU. Any waiver of rights by either party on any matter related to this MOU shall not be deemed to be a waiver on any other matter relating to the MOU.
M. All provisions of this MOU constitute essential elements of the agreed exchange that is the subject matter of this MOU.
Accordingly, if any of these provisions are determined to be invalid, illegal, or unenforceable in any material respect, the remainder of this MOU is not enforceable against either of the Parties except as may be necessary to effect payment for services already rendered.
N. This MOU may be modified by mutual written agreement of the parties.
O. This MOU takes effect shall remain in effect until __________________, unless terminated prior to that date by 60 days written notice from one party to the other.
IT IS AGREED:
CAL FIRE SPONSOR ______________________________________ Date: ______________________ Date: ______________________ By: __________________________________________
By: _____________________________________________
Print Name: Print Name:
Title: Title:
Address: Address:
Redlands Regular Meeting of 10-21-25 32 of 1909
City Council Meeting H. 4.
DATE: 10/21/2025
TO: Honorable Mayor and City Council Members
SUBJECT: Approve Resolution No. 8729 authorizing the City Manager to approve certain workers' compensation payments and settlements. (Human Resources Director Meteau)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:
I move to adopt Resolution No. 8729 authorizing the City Manager to approve medical and workers' compensation settlement payments.
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 8729 authorizing the City Manager to approve medical and workers' compensation settlement payments.
DISCUSSION:
Resolution No. 8729 authorizes the City Manager, with approval of the City Attorney, to approve medical and worker's compensation settlement payments.
These payments are required by law and must be issued in accordance with statutory obligations. The City is responsible for ensuring timely payment of medical expenses and stipulated settlements related to employee injury claims.
Currently, the City's policies are silent on the delegation of authority to approve this category of workers' compensation payments.
Establishing clear authority for the City Manager to approve these payments will ensure compliance and provide timely support for employees receiving care under workers' compensation.
Adopting this resolution will delegate authority to the City Manager, up to an Redlands Regular Meeting of 10-21-25 33 of 1909
Adopting this resolution will delegate authority to the City Manager, up to an amount not to exceed Fifty Thousand Dollars ($50,000), to:
Approve workers' compensation medical payments.
Approve payments pursuant to stipulated settlement of workers' compensation claims.
Approve payments pursuant to compromise and release agreements related to workers' compensation claims.
This resolution establishes a clear framework for approving workers' compensation payments, while ensuring that the City fulfills its statutory obligations.
ALTERNATIVES:
N/A
STRATEGIC PLAN:
N/A
SUBMITTED BY:
Robert Meteau Jr., Director, Human Resources/Risk Management 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
Tabitha Crocker, Director, Facilities and Community Services PREPARED BY:
Kisha McDonald, Human Resources Manager
Fiscal Impact
Discussion:
N/A
Attachments
Resolution
Redlands Regular Meeting of 10-21-25 34 of 1909
1 I:\cmo\Resolutions\6420-Certain Workers' Compensation Payments and Settlements.doc-jl RESOLUTION NO. 8729
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS AUTHORIZING THE CITY MANAGER TO APPROVE CERTAIN WORKERS’
COMPENSATION PAYMENTS AND SETTLEMENTS
WHEREAS, the City’s existing policies are silent on the process and authority for approving medical and workers’ compensation settlement payments; and WHEREAS, certain workers’ compensation claims that are accepted require the payment of medical bills in order to provide necessary and reasonable medical treatment to injured employees; and
WHEREAS, certain workers’ compensation claims are resolved by way of stipulated settlements, whereby the City and the claimant agree to the resolution of specific issues within the claim, and payments are required to be made under such stipulated settlements; and
WHEREAS, certain workers’ compensation claims are resolved by compromise and release, whereby the City and the claimant agree to a full and final settlement of the claim, and certain payments are required to be made under such compromise and release agreements; and
WHEREAS, these payments are required by law and must be made in accordance with statutory or regulatory obligations, with no discretion exercised by the City; and WHEREAS, the authority granted by this Resolution is intended to ensure timely compliance with legal obligations and does not extend to discretionary settlements or payments beyond this specific category.
NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS;
Section 1. The Redlands City Council hereby authorizes the City Manager, with the approval of the City Attorney, to approve the following workers’ compensation payments and settlements, up to an amount not to exceed Fifty Thousand Dollars ($50,000):
a) Payment of medical bills for accepted workers’ compensation claims; b) Payments required pursuant to stipulated settlements of workers’ compensation claims; and
c) Payments required pursuant to compromise and release agreements related to workers’ compensation claims.
Redlands Regular Meeting of 10-21-25 35 of 1909
2 I:\cmo\Resolutions\6420-Certain Workers' Compensation Payments and Settlements.doc-jl Section 2. All prior workers’ compensation medical payments, required payments pursuant to stipulated settlement, and pursuant to compromise and release are hereby ratified and confirmed.
Section 3. This Resolution shall take effect immediately upon its adoption.
ADOPTED, SIGNED AND APPROVED, this 21st day of October 2025 ____________________________________
Mario Saucedo, Mayor
ATTEST:
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 10-21-25 36 of 1909
3 I:\cmo\Resolutions\6420-Certain Workers' Compensation Payments and Settlements.doc-jl I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting therof, held on the 21st day of October 2025.
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 10-21-25 37 of 1909
City Council Meeting H. 5.
DATE: 10/21/2025
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the First Amendment to the Agreement with Planetbids for an eProcurement System (Management Services/Finance Director Garcia)
MOTION(S):
I move to approve the first amendment to the agreement with PlanetBids system for an eProcurement system.
RECOMMENDATION:
Staff recommends that the City Council approve the first amendment to the agreement with PlanetBids for an eProcurement system.
DISCUSSION:
In February 2025, City Council approved an agreement with PlanetBids to provide an automated eProcurement system in the amount of $130,894.66 for a five-year term. Since then, the Homeless Solutions Division has been moved under the City Manager’s Department. To ensure continuity, efficiency, and compliance in our procurement process, we are requesting the addition of one authorized user within the PlanetBids system. This user will support the Homeless Solutions Division by managing solicitations, vendor communications, bid evaluations, and related documentation.
Adding multiple authorized users will:
Distribute workload across the procurement team
Provide backup coverage during absences or high-volume periods Maintain segregation of duties to meet internal control and audit standards Enable faster response times to vendors and internal departments Enhance collaboration and transparency in procurement activities Redlands Regular Meeting of 10-21-25 38 of 1909
With this addition, the total agreement amount for the five-year term will increase from $130,894.66 to $140,495.19.
ALTERNATIVES:
City Council may choose not to approve the First Amendment to the agreement with PlanetBids
STRATEGIC PLAN:
Not Applicable
SUBMITTED BY:
Danielle Garcia, Management Services/Finance Directo
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
PREPARED BY:
Dana Abramovitz-Daniel, Procurement Manager
Fiscal Impact
Fiscal Year: 2026
Revenue Generating: No
Appropriation Required Y/N: N
Budgeted Y/N: Y
Discussion:
The First Amendment to the PlanetBids Support Services Agreement increases the not-to-exceed (NTE) amount from $130,894.66 to $140,495.19, representing a total increase of $9,600.53 over the five-year term. The amendment adds one (1) additional Vendor and Bid Management license to support the Homeless Solutions Division.
The additional annual cost of $2,226.76 has been requested and budgeted under the Homeless Solutions Division operating budget for the current fiscal year. No additional appropriation is required, as sufficient funding exists within the approved FY2025-26 budget.
Redlands Regular Meeting of 10-21-25 39 of 1909
Attachments
Agreement with PlanetBids
First Amendment Planetbids
Redlands Regular Meeting of 10-21-25 40 of 1909
1 I:\cmo\Agreements\PlanetBids FY25-0013.docx-jm
Innovative eProcurement Solutions
13263 Ventura Blvd., Suite 101 • Studio City, CA, 91604 • (818) 992–1771 PB System™ SUPPORT SERVICES AGREEMENT
What is PlanetBids. PlanetBids provides a sustainable off-the-shelf modular suite of web-based eProcurement solutions to centralize, automate and manage the complete bidding processfor goods and services. All of the solutions are interconnected, comprehensive and streamlined to help fulfill operational tasks in a timely manner, increase productivity and significantly reduce an organization’s overall spend. Additional details and end User terms can be found at www.planetbids.com
This SUPPORT SERVICESAGREEMENT (“Agreement”), which describesthe terms and conditions applicable to use ofthePlanetBids Online Support Services, is made and entered as of the Service Period defined below, by and between PLANETBIDS, LLC, a Delaware Limited Liability Company (“PlanetBids”) and the following customer (“Customer”) as described below:
Customer Name: City of Redlands (CA)
Street Address: 35 Cajon Street
City, State ZIP: Redlands CA 92373
Department: Purchasing
Principal Contact: Dana Abramovitz-Daniel
Title: Procurement Manager
Phone & Email: 19097987525; [email protected] Method of Payment: Net 30 Days
Initial Service Period: 02/03/2025 - 02/02/2030
THEREFORE, PlanetBids and the Customer agree as follows:
PlanetBids Services. Upon acceptance of this Agreement, PlanetBids shall provide the following Support Services to Customer, subject to the terms and conditions of this Agreement and as more specifically described in Exhibit “A”. a. “Services” shall include one or more of the following PlanetBids PB System™ modules or features if, and only if, listed in Exhibit “A”. Customer shall not have access or use of any modules or features not listed in Exhibit “A”. b. PlanetBids will market on behalf of Customer to drive Vendor engagement to participate in Customer’s projects/bids as outlined in Exhibit “A”.
Fees and Payments.
Support Fees. Customer agrees to pay PlanetBids set up and services fees as set forth in Exhibit “B” hereto. a. Additional Services; Fees. If requested by Customer, PlanetBids will provide any or all of the following additional services at the fees set forth in Exhibit “B”:
1. Customization work in addition to standard setup shall be contracted in the following manner and at PlanetBids’ current standard rates: (a) Customer shall submit a written request describing the proposed project; (b) PlanetBids conduct a feasibility and assessment of the project and the work required, (c) if the projectistechnically feasible, PlanetBids willsubmitto Customer a written estimate setti ng forth the price, estimated schedule and any conditions of the project. PlanetBids shall not proceed until approval is received in writing from Customer.
Redlands Regular Meeting of 10-21-25 41 of 1909
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2. Training to Customer’s designated users, in addition to that provided pursuant to Section 2(a)(1), is available at rates set in Exhibit “B”.
3. Customer may, during the term of this Agreement, access and retrieve data in comma delimited format and documents, at no cost. Additional Services related to the retrieval or restoration of any of Customer’s data from such back-up files are available, if necessary, at rates set forth in Exhibit “B”. b. Purchase Orders/Billing. Purchase orders, billing or any related matters must be emailed to [email protected] or mailed to the following address; PlanetBids, LLC.,13263 Ventura Blvd., Suite 101, Studio City, CA 91604 Attn: Finance or other address as specified by Company
c. Payment Terms. Net 30, Please remit the full amount within 30 days from the date of thisinvoice. d. Tax. It shall be the responsibility of Customer to collect and pay any taxes, duties, imports, or tariffs that are applicable to sales via the Services.
e. Credit Cards: 3% credit card fee will be applied to alltransactions made through a credit card f. Late Fees: If Customer is overdue on any payment and fails to pay within specified payment term, then PlanetBids may assess, and Customer agrees to pay a late fee of either 1.5% per month, or the maximum amount allowable by applicable law, whichever is less.
g. Insurance: Insurance verification is provided for no cost, to be added as an “additional insured” is an additional fee as defined in Exhibit “B”.
No Guarantee. PlanetBids does not guarantee use of the Services will produce any quotes, business opportunities or other information helpful to the business of Customer, nor does it guarantee that any contact provided will be adequate or best suited for any transaction.
Permitted Use. Customershall not use, or permit any employee, consultant or other third party to use, the Services or any content or information accessible through the Services with any other e-procurement product or service including, but not limited to, use of the PB System’s vendor and contractor database to distribute requests for bids through a third-party product or service.
Third Party Codes. If Customer uses standard identification codes, PlanetBids shall have the right to request for inspection an original copy of such codes and any necessary authorizations for use. If such identification codes are proprietary codes of third parties, such as NIGP, SIC or CSI, or any other third-party identification codes, it shall be the responsibility of Customer to obtain the necessary licenses. It shall not be deemed a breach of this provision if after reasonable efforts, Customer is unable to obtain the necessary licenses for third-party identification codes. Customer indemnifies and holds harmless PlanetBids from the unauthorized use or publication of any such identification codes with respect to the Services.
Data. For its own internal retrieval and restoration purposes, PlanetBids will record and maintain for a limited time a back-up of all data appearing on Customer’s website on a daily basis. The standard duration of such data retained will be for a minimum of 7 years upon contract termination and determined by PlanetBids in its sole discretion thereafter. In the event PlanetBids finds it necessary to purge Customer’s data file prior to the standard 7 years, Customer’s data will be transmitted to Customer for Customer’s record keeping purposes
Disclaimer. PLANETBIDS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL
PROPERTY OR OTHER VIOLATION OF RIGHTS, EVEN IF PLANETBIDS HAS BEEN MADE AWARE IN ADVANCE OF SUCH POTENTIAL
RISK, NOR ANY WARRANTY REGARDING THE ACCURACY, LIKELY RESULTS, OR THE RELIABILITY OF ANY SITES LINKED INTO THE SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PLANETBIDS HEREUNDER EXCEED $1,000,000.00.
Indemnity. Each party will indemnify and defend and hold harmless the other party from and against all claims, liabilities, damages, and expenses, including reasonable attorney fees, arising out of any property damage, personal injury, or death, sustained by such other party as a result of the gross negligence or willful misconduct of the indemnifying party or its agents or employees. PlanetBids shall defend, indemnify and hold harmless Customer from any lawsuit, claim, loss, expense pr damage resulting from or caused directly or indirectly by PlanetBids’ alleged violation of intellectual property rights of any third party,as it relates to the performance of PlanetBids’ Statement of Work outlined in Exhibit “A” attached hereto.
Termination. a) Termination for Cause. This Agreement may be terminated by either party by providing the nonterminating party with no less than forty-five (45) business days written notice (and reasonable opportunity to cure) upon the occurrence of any breach of any material term or condition of this Agreement or any representation or warranty herein. b) Termination Other Redlands Regular Meeting of 10-21-25 42 of 1909
3 I:\cmo\Agreements\PlanetBids FY25-0013.docx-jm
Than for Cause. Customer may terminate this Agreement without cause by giving Company no less than sixty (60) days written notice before the effective date of such termination. In such case, the effective date of termination shall be the anniversary of the date for the current term of this Agreement that first occursfollowing the end of the foregoing notice period to each consecutive term year. Any payments made by Customer for actual or subsequent years are non-refundable.
Confidentiality and Non-Disclosure. To the extent authorized by law, each party to this Agreement agrees that it shall treat as confidential, information expressly marked “confidential”. It shall not be a breach of this provision if Customer is required to disclose confidential information in response to a subpoena, a court order or federal or state law requires disclosure as determined by Customer. Confidential information shall not include: (i) information in the public domain through no fault of the receiving party; (ii) known to the receiving party at the time of disclosure on a non-confidential basis; (iii) rightfully obtained by the receiving party on a non-confidential basis from a third party; or (iv) independently developed by the receiving party. The parties will use confidential information (a) solely to fulfill its obligations under this Agreement; (b) protect confidential information using the same degree of care it uses to protect its own confidential information of a like nature; (c) but in no event less than a reasonable degree of care.
Notices. PlanetBids shall provide notice to Customer via email, or (at its discretion) via certified U.S. Mail, to the address provided in this Agreement or such other address provided by Customer to PlanetBids. Customer shall provide notice to PlanetBids via email to [email protected], with a copy sent via certified U.S. Mail to the address on the membership registration. Notices will be effective 6 hours after sending ifsent via email (unlessthe sender receives a response indicating that the message was undelivered) or 3 business days after the mailing date, whether or not received.
Assignment. Neither party shall assign this Agreement or any of its rights or obligations without the prior written consent of the other party, and any such attempted assignment will be void, provided PlanetBids may transfer this Agreement without consent of Customer in connection with the sale or transfer of all or substantially all of its equity or assets. Subject to the above, this Agreement will be binding upon the parties' respective successors and permittedassigns.
No Waiver. The failure of PlanetBids to exercise or enforce any right or provision under this Agreement will not constitute a waiver ofsuch right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the terms and conditions shall remain in full force andeffect.
General. Each party to this Agreement agrees that any dispute arising under the Agreement shall first be attempted to be resolved through mediation. If mediation is unsuccessful, the parties may agree to submit the dispute to binding arbitration according to the rules and regulations of, and administered by, the American Arbitration Association, and that any award granted pursuant to such arbitration may be rendered to final judgment. Notwithstanding anything herein, either party may seek relief in any court of competent jurisdiction in San Bernardino County, California..
Force Majeure. PlanetBids will not be liable in any amount for failure to perform any obligation under this Agreement ifsuch failure is caused by Internet outages or delays, unauthorized access (hacking), earthquakes, communications outages, fire, flood, war, an act of God, pandemic, or the occurrence of any other unforeseen contingency beyond the reasonable control of PlanetBids.
Redlands Regular Meeting of 10-21-25 43 of 1909
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Authority to Sign. Customer represents and warrants (a) the Customer information provided is current, complete, and accurate, (b) that the person signing this Agreement is authorized to bind Customer, (c) Customer will update the information (including credit card information, if applicable) as required to keep such information current, complete and accurate. PlanetBids may, in itssole discretion, cancel or terminate this Agreement if Customer has willfully violated its obligations hereunder.
AGREED effective as of the date first written above.
PlanetBids
Signatory: David DiGiacomo
Email of signatory: [email protected]
Timestamp: Friday, December 6th, 2024 4:17 PM UTC
City of Redlands (CA)
Signatory: Mario Saucedo, Mayor
Email of signatory: [email protected]
Date:
CITY OF REDLANDS (CA)
ATTEST:
Jeanne Donaldson, City Clerk
Date:
Redlands Regular Meeting of 10-21-25 44 of 1909
5 I:\cmo\Agreements\PlanetBids FY25-0013.docx-jm
EXHIBIT "A"
STATEMENT OF WORK
FOR SETUP, IMPLEMENTATION AND TRAINING
1. Customer System Configuration:
Services available to Customer shall be utilized by the Purchasing Department and shall include:
A. Access for up to nine (9) full licensed users of Customer to the following module(s) of the PlanetBids “PB System™”:
i. Vendor Management and Bid Management Modules
ii. Project Evaluation Module
B. Access for up to one (1) licensed users of Customer to the following module(s) of the PlanetBids “PB System™”:
i. Read-Only
C. Access and use of the PlanetBids “Outreach” database for no additional cost.
2. PB System™ Access Services:
PlanetBids rate for maintaining the PB System™ vendor and bid management is based upon an unlimited number of monthly transactions (Bids) and the number of user licenses acquired by Customer. PB System™ Access Services include the following:
● System Administration – PlanetBids will be responsible for system and data backups, disaster recovery,system reliability, availability, privacy, and system security
● Hosting Infrastructure – PlanetBids will be responsible for hosting Services, maintaining the network, hardware, and software infrastructure
● Customer Service – Is available Monday through Friday, excluding statutory holidays (see Help Desk definition below) ● Account Management – PlanetBids will provide a dedicated Account Manager for post-sales support, Services questions.
3. PB System™ Setup, Implementation and Online Training:
● Online training will be provided as outlined below for only the PB Modules licensed and purchased by the Customer for the initial setup and configuration of the Service. PB Modules which were not purchased by Customer, training will be omitted. ● PlanetBids will initially install for Customer the specified number of licensed Services users and configure PB modules. ● PlanetBids will provide up to 3 months’ access, by request, to an online training sandbox for Customers to practice using the Service during the initial setup period.
● Vendor and Bid Management Modules: 2-hours and 45-minutes ● Advanced eBidding for Public Works add-on Module: 15-minutes ● PB System™ Project Evaluation Management Module: 45-minutes ● Insurance Certificate Management with My Insurance module: 30-minutes ● Contract Management Module: 45-minutes
● Includes training for DocuSign add-on to Contract Management. The DocuSign product or service is not included. Customer must purchase from DocuSign the required product or services access. ● Agency Contracts add-on Module to Contracts Management: 15-minutes ● Contract Compliance add-on module to Contract Management Module: 15-minutes ● Business Certification Module: 30-minutes
● Emergency Operations Module: 20-minute online training session Redlands Regular Meeting of 10-21-25 45 of 1909
6 I:\cmo\Agreements\PlanetBids FY25-0013.docx-jm
4. PB System™ setup, implementation and training consists of the following:
A. Initial progr am definition
The PlanetBids implementation manager will work with one (1) designated Customer project manager to develop a roadmap for system implementation. The implementation manager will define and present a project management schedule to the Customer project manager. Customer will be required to submit information according with the project management schedule. Upon completion and review of the Services by Customer, online training will be scheduled and performed.
B. Sy stem impl ementation andadministration
PlanetBids will enter and configure Customer requirements into Services for each licensed user access for Customer for only the Modules purchased by the Customer.
The following implementation services will be provided:
a. Account Manager assigned to manage implementation process. b. Press kit developed by PlanetBids Marketing team, including initial press release for publishing to attract Vendors to register for new system.
c. URL configured for Customer's procurement web page for Vendor registration. d. Customer shall publish official press releases to attract Vendors to new URL. PlanetBids will publish Customer press release to social media sites and other media outlets.
e. PlanetBids will create and send an initial email campaign to any existing Vendor lists Customer may have access to or has compiled. Data will be sent to PlanetBids in comma delimited format or excel. f. Configuration of Customer’s purchased Modules.
g. Testing of Customer’s purchased Modules
h. Customer specific databases will be established.
i. Complete bid management from bid submission to awarding. j. Electronic bidding tools configured.
k. Daily backups.
l. Services users and vendor support for the duration of the Agreement.
5. Professional Services
PlanetBids will provide consulting services for custom reports or Services customizations, specific to Customer, not covered by this Statement of Work at an additional charge. Additional consulting services requested in writing by Customer will be billed at the rates set forth in Exhibit “B”. No work will begin on professional services before a mutually agreed-upon statement of work is completed.
6. Help Desk
The PlanetBids Help Desk is available for support (as defined below) via our telephone number (818) 992-1771, from 8:00 am to 5:00 pm, Monday through Friday, excluding statutory holidays. Online support, as well as on-line help services are also available at https://solutions.planetBids.com/support (https://solutions.planetBids.com/support/) .
To ensure prompt assistance for licensed users of Customer's Services, PlanetBids requiresthe Customer to designate at least one, preferably two or three, Services Super Users. The Customer Super Users will be responsible to manage licensed user access,such as username and password, initiating or providing basic "Level 1" support to the licensed users of Customer's Services. While PlanetBids will offer Level 1 or Level 2 support, the designated Super Users will serve as the primary point of contact with PlanetBids.
Redlands Regular Meeting of 10-21-25 46 of 1909
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To provide instant service to vendors and contractors, PlanetBids recommends Customer to initiate or provide basic “Level 1” support although PlanetBids will provide Level 1 or Level 2 support at any time:
● Level 1 support representatives will attempt to answer most or all questions, including help to vendors with simple problems (edit profile, etc.) or general “how-to” questions (search functionality, bidding, etc.). Services related questions by Vendors/Contractors that cannot be answered or supported by Customer should be directed to a PlanetBids support representative. More complex, technical questions should be directed to a Level 2 PlanetBids support representative. ● Level 2 support is more technical in nature. Level 2 questions may, for example, deal with Customer users (i.e., PB System™ administrative users including buyers, project administrators, etc.) or with password issues requiring special assistance, or with possible product bugs or failures. In this case, some research and investigation may be required.
7. User License(s) Management
Customer is responsible for monitoring and maintaining Services licensed users and ensuring all usernames and passwords are always up-to-date. Usernames and passwords are for authorized individual use only.
Redlands Regular Meeting of 10-21-25 47 of 1909
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EXHIBIT "B"
FEES AND PAYMENTS
a. Support Fees. Customer agrees to pay PlanetBids a total of $24,730.81 for the first year. Payment for Year 1 shall be due and payable 30 days from the time of execution of this Agreement. The fee(s) for each of the following years are as outlined in Table (A) below and are payable in advance within 30 days of the first day of each such year:
1. Setup Fee. Customer agrees to pay a setup fee of $500 for the Services installation, configuration, and testing of the Services portal link to Customer’s website, plus administrator setup and one-time online user training for up to the number of user licenses and additional modules as outlined in this Agreement and Exhibit “A”.
2. Service Fee Payment. Customer agrees to pay for using the Services modules, a service fee of $24,230.81 for first year of this Agreement and each of the following years as outlined in Table (A). A (3%) percent fee increase applies upon renewal each year.
Table (A)
b. Additional Services. If requested by Customer in writing, PlanetBids will provide any or all of the following additional services. The following rates are current as of the date of this Agreement but are subject to an increase of not more than 10% per year after the first year of this Agreement.
1. Training: $975.00, for a single online training session of up to 2 hours.
2. For its own internal retrieval and restoration purposes, PlanetBids will record and maintain for a limited time a back-up of all data appearing on Customer’s website on a daily basis. The duration of such data retained will be for a minimum of 7 years and determined by PlanetBids in its sole discretion thereafter. However, Customer may, during the term of this Agreement, access and retrieve data in text delimited Microsoft Excel format and documents, at no cost. Additional Services related to the retrieval or restoration any of Customer’s data from such back-up files are available, if necessary, at PlanetBids current standard rates, which will vary depending on the level of services required, but not less than $250.00 per hour.
3. Customer to be added as an “Additional Insured” is $250/year.
Redlands Regular Meeting of 10-21-25 48 of 1909
Copyright © 2025 PlanetBids, LLC
1 Innovative eProcurement Solutions
13263 Ventura Blvd., Suite 101 • Studio City, CA, 91604 • (818) 992–1771 Amendment No.1
PB System™ - Support Services
Agreement Dated October 21, 2025
1. Standard Provisions
Under the PB System™ Support Services Agreement and any previous amendments thereto (referred to herein as “Agreement”) between PlanetBids, LLC (PlanetBids) and the City of Redlands, CA (referred herein as “Customer”) PlanetBids shall remain bound to the terms of the Agreement, except to the extent the terms of this Amendment conflict with the Agreement or a previous amendment, in which case this Amendment shall supersede. Nothing in this Amendment relieves PlanetBids of its obligation to perform as required by the Agreement or any previous amendment unless expressly stated herein.
2. Agreement Revisions
A. Scope of Work
PlanetBids and Customer agree that Section 1 of Exhibit “A” to the PlanetBids Support Services Agreement shall be amended as summarized in Revision 1 herein.
Revision 1:
As of October 21, 2025, PlanetBids and Customer has agreed to:
a) Add one (1) Additional Vendor and Bid Management License to the PB System™ B. Costs
PlanetBids and Customer agree that Fees and Payments, of Exhibit “B” to the PlanetBids Support Services Agreement shall be amended as summarized in Revision 2 herein.
Revision 2:
a) That the prorated fees for Year 1 and fees for Years 2 through 5 are amended as outlined in Table (A) below. A yearly fee escalation of three (3) percent applies.
Redlands Regular Meeting of 10-21-25 49 of 1909
Copyright © 2025 PlanetBids, LLC
2 Table (A)
C. Schedule of Services/Milestones/Deliverables
PlanetBids and Customer agree that there shall be no change to the term(s) of the Agreement and billing cycle.
3. Signatures
This Amendment may be executed and delivered by electronic or facsimile signature and an electronic or facsimile signature shall be treated as an original.
IN WITNESS WHEREOF, This Amendment has been executed under the provisions of the Agreement between PlanetBids and Customer. By signing below, the parties hereto agree that all terms and conditions of this Amendment and the Agreement and any previous amendments shall be in full force and effect.
The persons below assert that they are authorized to execute this Amendment.
PLANETBIDS, LLC
By:
David DiGiacomo, CEO
City of Redlands, CA
By:
Name:
Title:
Redlands Regular Meeting of 10-21-25 50 of 1909
City Council Meeting H. 6.
DATE: 10/21/2025
TO: Honorable Mayor and City Council Members
SUBJECT: Approve a Sole Source Procurement Waiver and Professional Services Agreement with CDM Smith Inc. to provide construction engineering support services for the construction phase of the Joint Utilities Laboratory Building Renovation and Expansion Project Phase 1, and bidding support services for Phase 2 of this project for an amount not-to-exceed $155,420 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 a Professional Services Agreement with CDM Smith Inc. is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act;
1. I move City Council approval to waive competitive procurement procedures and award a $155,420 Professional Services Agreement to CDM Smith Inc. for construction engineering support services for the construction phase of the Joint Utilities Laboratory Building Renovation and Expansion Project Phase 1, and bidding support services for Phase 2 of this project.
2. RECOMMENDATION:
Staff recommends that City Council determine that approval of the Professional Services Agreement with CDM Smith Inc. to provide construction engineering support services for the construction phase of the Joint Utilities Laboratory Building Renovation and Expansion Project Phase 1, and bidding support services for Phase 2 is exempt from environmental review pursuant to Section Redlands Regular Meeting of 10-21-25 51 of 1909
15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act, waive the competitive procurement process, and approve a Professional Services Agreement with CDM Smith Inc. for an amount non-to-exceed $155,420.
DISCUSSION:
The Joint Utilities Laboratory (JUL) is an Environmental Laboratory Accreditation Program (ELAP) certified facility responsible for analyzing the City’s water, wastewater, and biosolids to ensure compliance with regulatory standards and to safeguard public health. The facility was originally constructed in 1988 and has not been upgraded or expanded, even as regulatory agency-mandated testing requirements have substantially increased. The laboratory continues to operate with its original fixtures, furnishings, and infrastructure, and now needs to be expanded and modernized to meet current and future operational demands.
On June 18, 2024, the City Council approved a Professional Services Agreement with CDM Smith, Inc. (CDM Smith) to design the Joint Utilities Laboratory Building Renovation and Expansion Project (Project). CDM Smith completed the final design, which will be implemented in two (2) phases.
Phase 1 involves an expansion of the building footprint by approximately 1,990 square feet. Municipal Utilities and Engineering Department (MUED) staff, in collaboration with CDM Smith, developed the Phase 1 scope of services and solicited competitive bids and received responses from eleven (11) contractors on September 9, 2025. City Council will consider the MUED staff construction contract award recommendation separately.
As the Engineer/Architect of record, CDM Smith must provide limited specialized engineering support services to ensure the Project is constructed in substantial conformance with the plans and specifications. These services include reviewing and approving submittals, preparing construction-related documents, clarifying plans and specifications, and providing limited, on-site technical support during construction. To reduce the risk of design conflicts and minimize City liability, MUED staff recommends waiving the competitive procurement process and contracting directly with CDM Smith, Inc. for these services.
Following the completion of Phase 1 construction, CDM Smith will also prepare the bid package and provide bidding support for Phase 2 of the Project. Staff has negotiated a professional services fee of $155,420 with CDM Smith to perform these tasks.
Approval of this Agreement is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act, as the proposed action does not have the potential to cause any significant environmental impact.
Redlands Regular Meeting of 10-21-25 52 of 1909
ALTERNATIVES:
City Council may deny the staff recommendation and provide alternate direction.
STRATEGIC PLAN:
N/A
SUBMITTED BY:
John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Dana Abramovitz-Daniel, Procurement Manager
PREPARED BY:
Goutam K. Dobey, City Engineer
Fiscal Impact
Fiscal Year: FY 25/26
Appropriation Required Y/N: N
Budgeted Y/N: Y
Account No.: 501910 & 521910
Discussion:
There is no fiscal impact associated with this action. Sufficient funding for this project is included in the Fiscal Year 25/26 Water Projects (501910) and Wastewater Projects (521910) Budget.
Attachments
CDM Professional Services Agreement
Redlands Regular Meeting of 10-21-25 53 of 1909
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AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of Construction Support Service for Phase 1 and Bidding Support Services for Phase 2 of the Joint Utilities Laboratory Building Renovation & Expansion Project (“Agreement”) is made and entered in this 21st day of October, 2025 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and CDM Smith, Inc., a Massachusetts corporation (“Consultant”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:
ARTICLE 1 – ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide Construction Support Service for Phase 1 and Bidding Support Services for Phase 2 of the Joint Utilities Laboratory Building Renovation & Expansion Project services for City (the “Services”).
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services.
ARTICLE 2 – SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are more particularly described in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by this reference.
2.2 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this Agreement including, but not limited to, any applicable State prevailing wage laws.
ARTICLE 3 – RESPONSIBILITIES OF CITY
3.1 City designates John R. Harris, Municipal Utilities and Engineering Department Director, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.
ARTICLE 4 – PERFORMANCE OF SERVICES
4.1 Consultant shall complete the Services by June 30, 2027, unless the Services are terminated earlier as provided for herein.
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4.2 If Consultant’s Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to City, consistent with City Council-adopted policy for the same. It shall be the obligation of Consultant to obtain a copy of such policy from City staff.
ARTICLE 5 – PAYMENTS TO CONSULTANT
5.1 Total compensation for Consultant’s performance of the Services shall not exceed the amount of one hundred fifty-five thousand four hundred twenty dollars ($155,420). City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit “B,” titled (“Fee Proposal”) which is attached hereto and incorporated herein by reference.
5.2 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month. Consultant’s invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the Services. City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant’s invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:
CITY: CONSULTANT:
City Clerk Alberto Acevedo, Vice President
City of Redlands CDM Smith, Inc.
35 Cajon Street 32 Discovery, Suite 250
P.O. Box 3005 (mailing) Irvine, CA 92618
Redlands, CA 92373 Email: [email protected]
[email protected] Phone: (949) 930-7252
Phone: (909) 798-7531 Fax: (949) 515-9160
ARTICLE 6 – INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant. Consultant shall provide City with certificates of insurance and endorsements Redlands Regular Meeting of 10-21-25 55 of 1909
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evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City.
A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self-insured or exempt from the workers’ compensation laws of the State of California. Consultant shall execute and provide City with Exhibit “C,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.
B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.
C. Consultant shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim made.
D. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Consultant owned vehicles used in connection with Consultant’s provision of the Services, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.
E. Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City. In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the insurance policies required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor.
6.2 Consultant shall defend, indemnify and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses or liability, including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services.
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ARTICLE 7 – CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant’s Services. Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.
7.3 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk’s office pursuant to the written instructions provided by the City Clerk.
ARTICLE 8 – GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys’ fees, including fees for the use of in-house counsel by a Party.
8.2 Consultant shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, result in City’s immediate termination of this Agreement.
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8.3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any its agents shall have control over the conduct of Consultant or Consultant’s employees, except as herein set forth. Consultant shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City’s intent to terminate. If this Agreement is terminated by City, an adjustment to Consultant’s compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination.
8.5 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Consultant.
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.
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8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement.
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement.
CITY OF REDLANDS CDM SMITH, INC.
By: ___________________________ By: _________________________ Mario Saucedo Mayor Alberto Acevedo, Vice President
ATTEST:
___________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 10-21-25 59 of 1909
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EXHIBIT "A"
SCOPE OF SERVICES
Consultant will provide construction support services for phase 1 and bid support services for phase 2 of the Joint Utilities Laboratory Building Renovation & Expansion Project. The following scope of work outlines the tasks to be completed by the Consultant.
Task 1.0 – Engineering Services During Construction for Phase 1 Under Task 1.0 Consultant will provide Project Management, submittal and shop drawing review, review and respond to Contractor’s Requests for Information (RFIs), provide field support and attend meetings. Below is a detailed description of these services.
Task 1.1 – Project Management
Consultant will manage the Joint Laboratory Building Renovation and Expansion scope and budget including engineering services workflow. Consultant will prepare monthly invoices and project status reports that summarize budget, any onsite activities, and number of submittals and RFIs reviewed. Consultant will also maintain internal submittals and RFIs logs to track review progress.
Task 1.2 – Submittal and Shop Drawing Reviews
Consultant will review technical submittals for conformance to the project documents. Technical submittals will be reviewed by Consultant’s multi-discipline design team as defined in Section 01330. A comment form will be generated indicating disposition (No Exceptions, Exceptions Noted, Returned for Correction, Not Acceptable). The City will receive transmittals and verify completion of all submittals, returning incomplete or improper submittals to the Contractor.
Complete and compliant submittals will be provided to Consultant design team electronically for review by appropriate disciplines. Consultant has budgeted for an average of 1.5 reviews (one submittal + one re-submittal) per technical submittal. Items that require more than two reviews due to Contractor’s failure to provide adequate or complete information will be reviewed and time tracked so that the City can recover costs as defined in Section 01330 of the Specifications.
Procedural and administrative submittals (e.g., schedule of values, payment applications, schedule updates, contractual documents, etc.) are assumed to be handled by the City. The City will receive, file, and update the submittal log accordingly.
Consultant has assumed 60 original technical submittals submitted by the Contractor.
Task 1.3 – Requests for Information
Consultant will review and provide responses to City for Contractor-initiated RFIs. Based on the project scope/scale and complexity, we anticipate 38 RFIs.
Task 1.4 – Field Support, Site Visits, Construction Observations, and Meetings Consultant’s Architect of Record (Richard Chong), our local design team representative, and/or appropriate design discipline leads will conduct site visits, participate in onsite meetings, provide architectural/engineering oversight, as required and at the request of the City or its designated representative. For budgeting purposes, we have assumed the following efforts:
Attendance at onsite pre-construction meeting by Brian Leto.
Attendance at preparatory meetings for civil work – if required by the City, we assumed one (1) onsite meeting.
Attendance at preparatory meetings for structural work – if required by the City - assumed one (1) onsite meeting.
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Up to two (2) site visits, as requested by the City, for the Architect of Record.
Up to three (3) site visits for our Structural Engineer to conduct construction observations as required by the City.
Attendance at one virtual construction progress meeting per month by our designated Design Team Representative.
Management and Specialty Leaders Participation in up to six (6) virtual Meetings @ 1 hour each.
Up to three (3) special virtual meetings to resolve field issues or other project matters.
Task 2.0 – Bid Support Services for Phase 2
Task 2.1 – Project Management
Under this Task Consultant will manage the preparation of the Bid documents for Joint Laboratory Building Renovation and Expansion Phase 2. Consultant will provide onsite and office-based activities as described below.
Task 2.2 – Preparation of Bid Documents
This Task will involve supporting the City in the preparation of a Bid package for Phase 2.
Consultant will update the drawings and specifications based on construction completed in Phase
1. prepare the “Bid Schedule” and mark the updated drawings and specification sections to identify those drawings and specifications that will be used under Phase 2.
Assumptions:
Work will be completed within four (4) weeks.
Consultant 100% design documents affected by Phase 1 construction will be updated and become the basis for preparation of the Phase 2 bid package.
Deliverables:
Construction Bid Schedule for Phase 2
List of drawings to be used in Phase 2
List of specifications for Phase 2
Task 2.3 – Pre-Bid Meeting
Consultant Principal, Project Manager and Lead Architect (virtual) will attend the pre-bid meeting to provide an overview of the project and field questions from potential contractors.
Contractors will be directed to submit questions that cannot be easily referred to the contract documents through the bid questions process.
Assumptions:
The principal, project manager and lead architect (Architect of record) will attend the pre-bid meeting for up to four hours each.
Deliverables:
Meeting notes
Task 2.4 Engineering Support during Bid Phase
Consultant will provide support services during the bid phase period to provide response to any questions or clarifications requested by potential contractors.
Assumptions:
Response to ten (10) Requests for Clarification (RFCs) from potential bidders Redlands Regular Meeting of 10-21-25 61 of 1909
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Assist the City with preparation of up to two (2) addendums Deliverables:
Response to 10 RFCs
Two (2) addendums
Identify potential cost impacts associated with addenda changes Task 2.5 – Conformed Document Preparation
Within two (2) weeks after the Award recommendation Consultant will prepare a conformed documents set (drawings, specifications and other required material) that incorporates the addenda during the bid phase. These documents will be ready for the selected contractor to begin work immediately after Notice to Proceed (NTP).
Deliverables:
Conformed Documents for Construction
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EXHIBIT "B"
FEE PROPOSAL
Task WBS/Activity Name Amount
1.0 Phase 1 Engineering Support During Construction
1.1 Project Management $18,380
1.2 Submittal and Shop Drawing Reviews $56,870
1.3 Requests for Information $22,545
1.4 Field Support, Site Visits, Construction Observations, and Meetings $24,350
2.0 Phase 2 Bid Support Services
2.1 Project Management $1,665
2.2 Preparation of Bid Documents $13,325
2.3 Pre-Bid Meeting $2,180
2.4 Engineering Support During Bid Phase $7,660
2.5 Conformed Document Preparation $8,445
TOTAL $155,420
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EXHIBIT "C"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.
CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake selfinsurance 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.
CDM SMITH, INC.
By: Date: ___________________
Alberto Acevedo, Vice President
Redlands Regular Meeting of 10-21-25 64 of 1909
City Council Meeting H. 7.
DATE: 10/21/2025
TO: Honorable Mayor and City Council Members
SUBJECT: Approve the use of city resources and the request for in-kind support in the amount of $53,140.71 related to the Redlands Christmas Parade event hosted by the Kiwanis Club on December 6, 2025; approve temporary street closures related to the event; and determine that the event is categorically exempt from environmental review pursuant to Section 15311 (c) 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 recommendations are appropriate, the following motions are provided:
I move that the City Council determine that the approval of the event is exempt from environmental review pursuant to Section 15311(c) of the State's guidelines implementing the California Environmental Quality Act; and
1. I move to authorize and approve a request for in-kind support in the amount of $53,140.71 and the temporary street closures related to the event.
2. RECOMMENDATION:
Staff recommends that the City Council determine that authorization for the items associated with the Kiwanis Christmas Parade, scheduled on December 6, 2025, is exempt from environmental review pursuant to Section 15311(c) of the State's guidelines implementing the California Environmental Quality Act (CEQA). Staff further recommends that the City Council direct staff accordingly regarding the temporary street closures outlined in the staff report and the expenditure of city resources and in-kind support in the amount of $53,140.71, including costs for personnel, equipment, and related services.
Redlands Regular Meeting of 10-21-25 65 of 1909
DISCUSSION:
The Facilities and Community Services Department manages the administration and issuance of permits for special events held in public areas of the city. Upon the issuance of a special event permit, the event may take place contingent on the event organizer paying the required fees. The City recognizes the value of partnering with non-profit agencies and organizations to provide services beneficial to the community. In an effort to support programs that provide a community benefit, the City Council will, from time to time, consider the authorization of in-kind support including the use of city equipment, staff, and facilities for special events.
The Kiwanis Club of Redlands has requested the use of the downtown area for their annual Christmas Parade event to be held on December 6, 2025, from 6:00 p.m. to 9:00 p.m. with a rain-out date of December 13, 2025. The Kiwanis Club is requesting in-kind support and departmental resources, including personnel, services and equipment in the amount of $53,140.71 for this year's event. The group is requesting temporary street closures between 2:00 p.m. and 10:00 p.m.
Affected streets include Brookside/Citrus Avenue from Center Street to Olive Avenue, State Street from Orange Street to 8th Street, Orange Street from Redlands Blvd to Vine Street, Eureka Street from Olive Avenue to Redlands Blvd.
Per the application submitted, the Kiwanis Club, a long-standing registered non-profit organization in the City of Redlands, has been a cornerstone of community engagement since 1990 through its annual Kiwanis Christmas Parade. This year’s event, as outlined in the submitted application, is projected to attract an estimated 25,000 attendees to the downtown area, emphasizing its growing popularity and local impact to the community. Previously in 2024, the City supported this event by providing in-kind contributions, with the most recent allocation totaling $37,286.72.
The event is exempt from the requirements of the California Environmental Quality Act’s guidelines pursuant to Section 15311(c). Section 15311(c), accessory structures Class 11 facilities, consists of construction, or replacement of minor structure accessory to existing commercial, industrial, or institutional facilities, including placement of seasonal or temporary use items such as mobile food units, portable restrooms or similar items in generally the same locations from time to time in publicly owned parks or other facilities designed for public use.
ALTERNATIVES:
The City Council may elect to deny the request for in-kind support, deny the request for temporary street closure and direct staff accordingly.
Redlands Regular Meeting of 10-21-25 66 of 1909
STRATEGIC PLAN:
Priority A - Quality of Life, Beautification, Arts and Culture.
SUBMITTED BY:
Tabitha Crocker, Facilities and Community Services Department Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Christopher Boatman, Assistant City Manager
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Jaclyn Ramirez, Administrative Assistant II
Fiscal Impact
Fiscal Year: 2025/26
Revenue Generating: Y
Appropriation Required Y/N: N
Amount: $53,140.71
Budgeted Y/N: N
Discussion:
Please see the "Fiscal Impact" attachment for reference.
The event is exempt from the requirements of the California Environmental Quality Act’s guidelines pursuant to Section 15311(c). Section 15311(c), accessory structures Class 11, consists of construction, or replacement of minor structure accessory to existing commercial, industrial, or institutional facilities, including placement of seasonal or temporary use items such as mobile food units, portable restrooms or similar items in generally the same locations from time to time in publicly owned parks or other facilities designed for public use.
Redlands Regular Meeting of 10-21-25 67 of 1909
Attachments
In-Kind Request
Event Map
Verification of Non-Profit
Street Closure Permit
Fiscal Impact
Redlands Regular Meeting of 10-21-25 68 of 1909
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N
PL A
D
A I V
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I
N ST
C R A E D S
N D T E OO T
R W M
S E
N I
T GL C H
I G A
N O
R S W T T O
Check-In Routes
O R I E N T A L
A V E
R E D L A N D S B L V D
Exit - All Other
Participants
R E D L A N D S M A L L
Exit - Bands
O r a n g e
S t r e e t
A l l e y
E d H a l e s P a r k
C I T R U S A V E
o T h e A n n e x
V I N E S T
S m i l e y
L i b r a r y
Re d l a n d s B o w l
S m i l e y P a r k
Feet \ 0 100 200
Porta Potty
Trash Truck Barrier
All Other Participants
Bands
Large Entries
Parade Route
Equestrians
o Vehicles & Dignitaries
Bus Parking
r
Re dl ands Ch ri s tma s Pa r ade K E N D A L L 1 S T S T 3 R D S T
O R A N G E S T
5 T H S T
6 T H S
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7 T H S T
8 T H S T
r
Quiet Zone. No horns, no music.
All entrance cease noise.
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In anticipation of the City Council's consideration of this request, staff has compiled the following table outlining costs related to fees established by Resolution of the City Council and departmental charges pertaining to personnel and equipment resources necessary for the support of the event. The departmental charges are costs outside of normal City operations that would not be incurred by the City if the special event was not taking place.
Departmental Charges
(Personnel & Equipment)
2024-2025
Amount Type 2023-2024Amount
Police Personnel1 $42,989.00 Hard Cost $30,083.00
Fire Personnel1 $2,314.71 Hard Cost $1,836.72
Facilities & Community Services Personnel1 $4,725.00 Hard Cost $3,938.00 Personnel & Equipment Subtotal $50,028.71 $36,097.72
Fees Established by City Council
Resolution
Park Reservation $94.00 Soft Cost $94.00
FCS Equipment $2,335.00 Soft Cost $695.00
Fire Equipment $683.00 Soft Cost $400.00
Fees Subtotal $3,112.00 $1,189.00
Total Departmental Charges and Fees $53,140.71 $37,286.72 $50,028.71
$3,112.00
$53,140.71
Hard Cost
Soft Cost
Total
$36,097.72
$1,189.00
$37,286.72
1 Personnel costs are calculated conservatively assuming the highest staff cost scenario. Actual costs may vary on the day of the event based on the actual staff present. Actual costs will be confirmed following the event and will be included in a reconciliation report presented to the City Council.
The following table summarizes the total estimated costs associated with the use of City resources and waiver of fees approved for events scheduled during Fiscal Year 2024-25 to date:
TABLE 2: FY 2024-25 Fee Waivers to date
Hard Costs Soft Costs Deposits
Refunded
Waiver
Amount
Net
Amount
$100,803.12 $7,710.00 $0.00 $108,213.12 $108,213.12
Redlands Regular Meeting of 10-21-25 74 of 1909
City Council Meeting H. 8.
DATE: 10/21/2025
TO: Honorable Mayor and City Council Members
SUBJECT: Approve an Agreement with Wildlife Control Service, Inc. for Pest Abatement Services for an amount not-to-exceed $225,000.60 (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 agreement with Wildlife Control Service, Inc. to provide pest abatement services for an amount not-to-exceed $225,000.60 for a term of three years."
RECOMMENDATION:
Staff recommends City Council approve an agreement with Wildlife Control Service, Inc. to provide pest abatement services for various city facilities, medians, trails and parks for an amount not-to-exceed $225,000.60 for a term of three years.
DISCUSSION:
The Facilities and Community Services Department (FCS) is responsible for the daily maintenance of various city facilities, medians, trails and parks, involving the management of pest infestations. Due to the specific certifications and licenses required to apply pest control treatments, FCS contracts with external vendors to perform these services on a recurring maintenance schedule.
Utilizing these outside services ensures consistent pest control while allowing city staff to focus on more specialized tasks.
Staff followed the City's procurement protocol by preparing a Request for Bids for pest abatement services. Nineteen vendors were solicited, and on July 2, 2025, the City Clerk’s office received and opened four bids. Staff evaluated the Redlands Regular Meeting of 10-21-25 75 of 1909
bids for conformance with the purchasing ordinance, verified the total price as shown in the table below, and checked references. Wildlife Control Service, Inc., met all the bidding requirements and was deemed the apparent lowest responsive and responsible bidder.
Bidder Base Bid
Amount
Alternate
Bid
Amount
Total Bid
Amount
Wildlife Control Service, Inc,
Perris, CA $75,000.20 $0.00 $75,000.20
EagleShield Pest Control,
Inc., Clovis, CA $123,240.00 $32,640.00 $155,880.00
Dewey Pest Control, Colton,
CA $186,200.00 $0.00 $186,200.00
CDS Services, Inc dba Legion
Pest, Murrieta, CA $214,684.00 $47,304.00 $261,988.00
Staff is recommending that the City Council approve an agreement with Wildlife Control Service, Inc., in an amount not to exceed $225,000.60 for a term of three years.
ALTERNATIVES:
The Council may reject the award to Wildlife Control Services, Inc. and provide alternative direction to staff.
STRATEGIC PLAN:
Priority A - Parks, Recreation and Open Space
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
Christopher Boatman, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Dana Abramovitz-Daniel, Procurement Manager
Redlands Regular Meeting of 10-21-25 76 of 1909
PREPARED BY:
Jocelynn Butters, Senior Administrative Assistant
Fiscal Impact
Fiscal Year: FY 2025-26
Amount: $75,000.20
Budgeted Y/N: Yes
Account No.: 101303, 562900
Discussion:
Sufficient funding for this service is included in the Parks (101303) and Cemetery (562900) Division's budget for Fiscal Year 2025-26 as approved by City Council. Costs associated with future fiscal years will be included in subsequent budget requests prepared by the Department.
Attachments
A. Agreement with Wildlife Control Service
B. City Clerk Bid Opening
Redlands Regular Meeting of 10-21-25 77 of 1909
NPS-2.2 (2/22)
I:\cmo\Agreements\Wildlife Control Services-FY2526-056.doc-jl 1 AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS
This agreement for the provision of Gopher and Fire Ant Abatement and Control Services (“Agreement”) is made and entered in this 21st day of October, 2025 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Wildlife Control Services, Inc. a California corporation (“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:
ARTICLE 1 – ENGAGEMENT OF CONTRACTOR
1.1 City hereby engages Contractor to perform gopher and fire ant abatement control services for City (the “Services”). The Services that Contractor shall perform are more particularly described in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by this reference.
1.2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services.
ARTICLE 2 – RESPONSIBILITIES OF CONTRACTOR
2.1 Contractor shall comply with all applicable federal, state and local laws and regulations in the performance of the Services including, but not limited, to all applicable Labor Code and prevailing wage laws and non-discrimination laws, including the Americans with Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing rates of per diem wages as determined by the Director of the California Department of Industrial Relations for each craft, classification or type of worker needed to undertake the Services are on file at City’s Municipal Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A (Mailing: P.O. Box 3005), Redlands, California 92373.
2.2 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing wages that City may enforce such provisions by withholding payments to Contractor or its subcontractors pursuant to Labor Code section 1771.6.
2.3 If Contractor executes an agreement with a subcontractor to perform any portion of the Services, Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815. Contractor acknowledges that the statutory provisions establishing penalties for failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813.
2.4 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection.
Redlands Regular Meeting of 10-21-25 78 of 1909
NPS-2.2 (2/22)
I:\cmo\Agreements\Wildlife Control Services-FY2526-056.doc-jl 2 2.5 Contractor acknowledges that eight (8) hours constitutes a legal day’s work pursuant to Labor Code section 1810.
2.6 Contractor shall comply with the provisions of Labor Code section 1777.5 as to apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815.
2.7 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to assign to City all rights, title and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, goods or materials pursuant to this Agreement.
ARTICLE 3 – RESPONSIBILITIES OF CITY
3.1 City shall make available to Contractor information in its possession that may reasonably assist Contractor in performing the Services.
3.2 City designates Tabitha Crocker, Facilities and Community Services Director, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.
ARTICLE 4 – PERFORMANCE OF SERVICES
4.1 The Services shall commence as of the Effective Date of this Agreement. Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit “A,” which is attached hereto and incorporated herein by this reference.
4.2 The term of this Agreement shall be for a period of three (3) years from the Effective Date of this Agreement (the “Initial Term”).
ARTICLE 5 – PAYMENTS TO CONTRACTOR
5.1 Compensation: The compensation for Contractor’s performance of the Services shall not exceed the amount of Two-Hundred Twenty Five Thousand Dollars and Sixty Cents ($225,000.60). City shall pay Contractor on a time and materials basis up to the not to not-to-exceed amount in accordance with the rates specified in Exhibit “B,” titled “Fee Schedule,” which is attached hereto and incorporated herein by reference.
5.2 Contractor shall submit monthly invoices to City describing the Services performed during the preceding month. Contractor’s invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom. City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor’s invoice.
Redlands Regular Meeting of 10-21-25 79 of 1909
NPS-2.2 (2/22)
I:\cmo\Agreements\Wildlife Control Services-FY2526-056.doc-jl 3 5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:
CITY CONTRACTOR
City Clerk Jon Lorenz, President
City of Redlands Wildlife Control Service, Inc
35 Cajon Street 21200 Ridgedale Dr.
P.O. Box 3005 (mailing) Perris, CA 92570
Redlands, CA 92373 [email protected]
[email protected] (951) 780-2373
(909) 798-7531
ARTICLE 6 – INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services. Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor. Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City.
A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers’ compensation laws of the State of California. Contractor shall execute and provide City with Exhibit “C,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.
B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.
C. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Contractor owned vehicles Redlands Regular Meeting of 10-21-25 80 of 1909
NPS-2.2 (2/22)
I:\cmo\Agreements\Wildlife Control Services-FY2526-056.doc-jl 4 used in connection with Contractor’s provision of the Services, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.
6.2 Contractor shall defend, indemnify, and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses and liability, including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services.
ARTICLE 7 – CONFLICTS OF INTEREST
7.1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor’s Services. Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.
7.2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.
7.3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk’s office pursuant to the written instructions provided by the City Clerk.
ARTICLE 8 – GENERAL CONSIDERATIONS
Redlands Regular Meeting of 10-21-25 81 of 1909
NPS-2.2 (2/22)
I:\cmo\Agreements\Wildlife Control Services-FY2526-056.doc-jl 5 8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys’ fees, including fees for the use of in-house counsel by a Party.
8.2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City’s immediate termination of this Agreement.
8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor’s employees, except as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Contractor of City’s intent to terminate. If this Agreement is terminated by City, an adjustment to Contractor’s compensation shall be made, but (i) no amount shall be allowed for anticipated profit or unperformed Services, and (ii) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination.
8.5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor.
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor.
Redlands Regular Meeting of 10-21-25 82 of 1909
NPS-2.2 (2/22)
I:\cmo\Agreements\Wildlife Control Services-FY2526-056.doc-jl 6 8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.
8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement.
IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement.
CITY OF REDLANDS WILDLIFE CONTROL SERVICE, INC
By: ___________________________ By: _________________________ Mario Saucedo, Mayor Jon Lorenz, President
ATTEST:
___________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 10-21-25 83 of 1909
NPS-2.2 (2/22)
I:\cmo\Agreements\Wildlife Control Services-FY2526-056.doc-jl 7 EXHIBIT "A"
SCOPE OF SERVICES
1. Program Objectives
▪ Maintain 90% gopher control across designated City parks, medians, trails, facilities, and cemetery grounds.
▪ Provide integrated pest management (IPM) services for ground squirrels, moles, voles, and imported fire ants.
▪ Ensure compliance with San Bernardino County Agriculture permits and California Department of Pesticide Regulations.
▪ Provide courteous, safe, and professional service with full coordination with City staff.
2. General Requirements
▪ Contractor shall furnish all permits, labor, supervision, materials, and equipment. ▪ Carbon monoxide delivery devices may only be used with written authorization by the Parks Supervisor.
▪ Approved methods include: burrow fumigation with aluminum phosphide; rodenticide baiting (strychnine bait, anticoagulants).
▪ After each application, Contractor shall inspect sites and remove any exposed carcasses. ▪ Monthly reports documenting treatments, methods, and observations are required. ▪ Contractor shall attend quarterly review meetings with City staff.
3. Scope of Services by Location
Weekly Park Gopher Abatement (52 services per year)
▪ Community Park & Baseball Fields – 1535 N. Church St. (9.1 acres) ▪ Crafton Park – 601 N. Wabash Ave. (6.8 acres)
▪ Israel Beal Park – 255 Riverview Dr. (7.8 acres)
▪ Oakmont Park – 31212 Sutherland Dr. (15 acres)
▪ Prospect Park – 1352 Prospect Dr. (35 acres)
▪ Redlands Sports Park – 1790 N. Dearborn St. (48 acres) ▪ Texonia Park – 1321 Texas St. (11 acres)
▪ The Terrace – 106 & 500 E. Colton Ave. (2.5 acres)
▪ Brookside Park – 1630 Brookside Ave. (9.3 acres)
▪ Ford Park – 955 Parkford Dr. (20 acres)
▪ Heritage Park – 11126 Iowa St. (18 acres)
▪ Jennie Davis Park – 923 W. Redlands Blvd. (4 acres)
▪ Smiley Park (incl. Redlands Bowl, PD Annex, Smiley Library) – 168 S. Eureka St. (9.2 acres)
▪ Sylvan Park – Chapel St. (23 acres)
▪ Redlands Blvd. Median (Fern St. to Ford St.) – 3.23 acres ▪ Laramie Park – Lincoln & Laramie St. (0.5 acres)
Redlands Regular Meeting of 10-21-25 84 of 1909
NPS-2.2 (2/22)
I:\cmo\Agreements\Wildlife Control Services-FY2526-056.doc-jl 8 ▪ Caroline Park – 320 W. Sunset Dr. (17 acres)
▪ Barton/Brookside Median (Center St. to Cajon St.) – 0.50 acres ▪ Barton/Brookside Median (Price St. to Center St.) – 0.82 acres ▪ Barton/Brookside Median (Terracina Blvd. to Kansas St.) – 0.47 acres ▪ California St. Median (north of Orange Tree Ln.) – 0.17 acres ▪ Eureka St. Medians (Pearl St. to Redlands Blvd.) – 0.06 acres ▪ West State St. Medians (Tennessee St. to New York St.) – 0.16 acres ▪ Corporate Yard – 1270 W. Park Ave. (1.07 acres)
▪ Ed Hales Park – 101 E. State St. (0.79 acres)
▪ Orange Blossom Trail East – Grove St. to Wabash Ave. (8.47 acres) ▪ Simonds Parkway – 0.68 acres
▪ Redlands Blvd. Median (Alabama St. at Redlands Blvd.) – 0.49 acres ▪ Downtown Rail Station – Al Harris Ln. & Orange St. (0.03 acres) ▪ Gateway Freeway On/Off Ramps – Eureka/Orange to 6th St. (8.01 acres) ▪ Lincoln Park – Sylvan Blvd. & Lincoln St. (3.74 acres) ▪ Riverview Park/Bluff Trail – Cave St. to Riverbend Dr. (6.40 acres) ▪ University Rail Station – University St. to Cook St. (0.66 acres) ▪ West State St. Medians (New York St. to Tennessee St.) – 0.16 acres ▪ Zanja Trail – Lincoln St. to Wabash Ave. (4.27 acres) ▪ Zanja Trail – 9th St. to Church St. (1.12 acres)
Hillside Memorial Park (Weekly)
▪ Cemetery Grounds – 1540 Alessandro Rd.
As Needed (Monthly)
▪ Civic Center – 35 Cajon St.
▪ Orange Blossom Trail West – Alabama St. to California St./Redlands Blvd. ▪ YMCA Parking Lot – 500 E. Citrus Ave.
Fire Ant Abatement (Twice per month, 24 services per year) ▪ Brookside Park – 1630 Brookside Ave. (9.3 acres)
▪ Community Park & Baseball Fields – 1535 N. Church St. (9.1 acres) ▪ Crafton Park – 601 N. Wabash Ave. (6.8 acres)
▪ Ed Hales Park – 101 E. State St. (0.6 acres)
▪ Ford Park – 955 Parkford Dr. (20 acres)
▪ Israel Beal Park – 255 Riverview Dr. (7.8 acres)
▪ Jennie Davis Park – 923 W. Redlands Blvd. (4 acres)
▪ Lincoln Shrine – 125 W. Vine St.
▪ Police Annex – 30 Cajon St.
▪ Prospect Park – 1352 Prospect Dr. (35 acres)
▪ Redlands Bowl – 25 Grant St.
▪ Redlands Sports Park – 1790 N. Dearborn St. (48 acres) ▪ Smiley Library – 125 W. Vine St. (9.2 acres)
Redlands Regular Meeting of 10-21-25 85 of 1909
NPS-2.2 (2/22)
I:\cmo\Agreements\Wildlife Control Services-FY2526-056.doc-jl 9 ▪ Smiley Park – 168 S. Eureka St. (9.2 acres)
▪ Sylvan Park – 730 Chapel St. (23 acres)
▪ Texonia Park – 1321 Texas St. (11 acres)
4. Fire Ant Control Specifications
▪ Bi-Annual Treatments: Late spring/early summer and late summer/early fall. ▪ Monthly Inspections: All sites checked monthly; colonies treated as needed. ▪ Treatment Method: Bait-type insecticides to sterilize queens; contact insecticides for active colonies.
5. Deliverables
▪ Proof of permits and applicator certifications.
▪ Monthly service reports (treatments, products, locations, carcass removal). ▪ Annual summary of program effectiveness and recommendations.
Redlands Regular Meeting of 10-21-25 86 of 1909
NPS-2.2 (2/22)
I:\cmo\Agreements\Wildlife Control Services-FY2526-056.doc-jl 10 EXHIBIT "B"
“Fee Schedule”
WEEKLY SERVICE
Community Park & Baseball Fields 1535 N. Church St. $1,976.00 Crafton Park 601 N. Wabash Ave. $1,976.00
Israel Beal Park 255 Riverview Dr. $1,976.00
Oakmont Park 31212 Sutherland Dr. $1,976.00
Prospect Park 352 Prospect Dr. $1,976.00
Redlands Sports Park (field & perimeter) 1790 N. Dearborn St. $1,976.00 Texonia Park 1321 Texas St. $1,976.00
The Terrace 106 E. Colton Ave. & 500 E. Colton Ave. $1,976.00 Brookside Park 1630 Brookside Avenue $1,976.00
Ford Park 955 Parkford Drive $1,976.00
Heritage Park 11126 Iowa Street $1,976.00
Jennie Davis Park 923 W. Redlands Blvd $1,976.00
Smiley Park 168 S. Eureka St. (Includes Redlands Bowl, PD Annex & Smiley Library) $1,976.00
Sylvan Park Chapel Street $1,976.00
Redlands Blvd. Median (Fern Street to Ford Street) $1,976.00 Laramie Park (Grass/Play Area Only) Lincoln and Laramie Street $1,976.00 Caroline Park 320 W. Sunset Dr. $1,976.00
Barton/Brookside Median Center Street to Cajon St $1,976.00 Barton/Brookside Median Price Street to Center Street $1,976.00 Barton/Brookside Median Terracina Blvd to Kansas St $1,976.00 California Street Medians (First median north of Orange Tree Lane) $1,976.00 Eureka Street Medians (Pearl Street to Redlands Blvd) $1,976.00 Redlands Regular Meeting of 10-21-25 87 of 1909
NPS-2.2 (2/22)
I:\cmo\Agreements\Wildlife Control Services-FY2526-056.doc-jl 11 WEEKLY SERVICE
West State Street Medians (Tennessee St to New York St) $1,976.00 Corporate Yard 1270 W Park Ave $1,976.00
Ed Hales Park 101 E State St $1,976.00
Orange Blossom Trail East (Grove St to Wabash Ave) $1,976.00 Simonds Parkway Garden St at Rossmont Dr $1,976.00
Redlands Blvd. Median (Alabama at Redlands Blvd) $1,976.00 Downtown Rail Station (Al Harris Ln and Orange St) $1,976.00 Gateway Freeway On & Off ramps (Eureka St/Orange St to 6th St $1,976.00 Lincoln Park (Sylvan Blvd & Lincoln St) $1,976.00
Riverview Park/Bluff Trail (Cave St to Riverbend Dr on Riverview Dr) $1,976.00 University Rail Station (University St to Cook St on Park Ave) $1,976.00 West State Street medians (New York St to Tennessee St) $1,976.00 Zanja Trail (Lincoln St to Wabash Ave) $1,976.00
Zanja Trail (9th St to Church St) $1,976.00
Civic Center 35 Cajon St $629.40
Orange Blossom Trail West (Alabama St. to California St/Redlands Blvd.) $629.40
YMCA Parking Lot 500 E. Citrus Ave $629.40
Hillside Memorial Park 1540 Alessandro Rd $1,976.00
Redlands Regular Meeting of 10-21-25 88 of 1909
NPS-2.2 (2/22)
I:\cmo\Agreements\Wildlife Control Services-FY2526-056.doc-jl 12 ANT ABATEMENT INCLUDED IN GOPHER ABATEMENT PRICE
Brookside Park 1630 Brookside Ave
Community Park & baseball fields 1535 N. Church St.
Crafton Park 601 N. Wabash Ave.
Ed Hales Park 101 E. State St.
Ford Park 955 Parkford Dr.
Isreal Beal Park 255 Riverview Dr.
Jeannie Davis Park 923 W. Redlands Blvd.
Lincoln Shrine 125 W. Vine St.
Police Annex 30 Cajon St.
Prospect Park 352 Prospect Dr.
Redlands Bowl 25 Grant St.
Redlands Sports Park 1790 N. Dearborn St.
Smiley Library 125 W. Vine St.
Smiley Park 168 S. Eureka St.
Sylvan Park 730 Chapel St.
Texonia Park 1321 Texas St.
Redlands Regular Meeting of 10-21-25 89 of 1909
NPS-2.2 (2/22)
I:\cmo\Agreements\Wildlife Control Services-FY2526-056.doc-jl 13 EXHIBIT “C”
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.
CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake selfinsurance 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.
WILDLIFE CONTROL SERVICE, INC
By: Date: _______ __________
Jon Lorenz, President
Redlands Regular Meeting of 10-21-25 90 of 1909
Redlands Regular Meeting of 10-21-25 91 of 1909
City Council Meeting I. 1.
DATE: 10/21/2025
TO: Honorable Mayor and City Council Members
SUBJECT: Conference Report- 2025 League of California Cities Annual Conference and Expo (Mayor Pro Tem Shaw and Council Member Davis)
DISCUSSION:
Mayor Pro Tem Shaw and Council Member Davis will provide reports relating to their attendance at the 2025 League of California Cities Annual Conference and Expo held October 8-10, 2025 in Long Beach, California.
Redlands Regular Meeting of 10-21-25 92 of 1909
City Council Meeting J. 1.
DATE: 10/21/2025
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of the following ordinances proposing to amend Title 15, Chapter 15.32 (Flood Damage Prevention) of the Redlands Municipal Code pertaining to floodplain management and flood damage prevention, and consideration of a determination of exemption from environmental review pursuant to Sections 15061(b)(3) and 15378(b)(5) of the California Environmental Quality Act Guidelines.
Adoption of Urgency Ordinance No. 2991,entitled, "An
Urgency Ordinance of the City of Redlands Adopting
Immediate Code Text Amendments to Title 15, Chapter 15.32 of the Redlands Municipal Code Relating to Flood Damage Prevention and Floodplain Management; and Declaring an
Urgency for the Purpose of Protecting the Public Health, Safety, and General Welfare for Persons and Properties
Within the City of Redlands;" and,
1. Introduce Ordinance No. 2992, entitled, "An Ordinance of the City of Redlands Amending Title 15, Chapter 15.32 of the Redlands Municipal Code Relating to Flood Damage
Prevention and Floodplain Management." (Development
Services Director Desatnik)
2. MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motions are provided:
"I move to adopt Urgency Ordinance No. 2991, and further find that the Urgency Ordinance is exempt pursuant to Sections 15061(b)(3) and 15378(b)(5) of the California Environmental Quality Act Guidelines."
1. Redlands Regular Meeting of 10-21-25 93 of 1909
"I move to introduce Ordinance No. 2992, and further find that adoption of the ordinance is exempt pursuant to Sections 15061(b)(3) and 15378(b)(5) of the California Environmental Quality Act Guidelines."
2. RECOMMENDATION:
Staff recommends that the City Council adopt Urgency Ordinance No. 2991 (Attachment A), which requires a 4/5 vote of the Council for approval (Calif. Gov.
Code § 36937), for the immediate preservation of the public health, safety, and general welfare. Staff further recommends that the City Council introduce Ordinance No. 2992 (Attachment B) to amend Redlands Municipal Code Chapter 15.32 pertaining to flood damage prevention.
DISCUSSION:
The provisions of Redlands Municipal Code Chapter 15.32 (Flood Damage Prevention) provides development standards and processing requirements regarding building permits for structures located within areas of special flood hazard as identified by the Federal Emergency Management Agency (FEMA) in the applicable flood insurance studies, Flood Insurance Rate Maps (FIRMs), and flood boundary and floodway maps.
On May 8, 2025, staff from the California Department of Water Resources provided a review checklist identifying areas in the Redlands Municipal Code not in compliance with the current California Model Floodplain Management Ordinance for Non-Coastal Communities. The proposed amendment will bring Redlands Municipal Code Chapter 15.32 into compliance with the minimum National Floodplain Program requirements. Due to the immediate need to amend Redlands Municipal Code Chapter (thereby preserving the City's present ability to continue participating in the National Flood Insurance Program), an Urgency Ordinance is necessary in conjunction with the normal code amendment process.
The proposed text amendments are identified in Attachments A and B (underlined font indicates new text, and strikethrough font indicates deleted text).
The specific facts and findings are further explained in the ordinance recitals as follows:
The National Flood Insurance Act of 1968 was enacted by title XIII of the Housing & Urban Development Act of 1968 (“Act”) to provide previously unavailable flood insurance protection to property owners in flood-prone areas. Under the Act and the regulations promulgated, specifically 44 CFR § 59.2, in order to qualify for the sale of federally-subsidized flood insurance, the City must adopt and submit to the Federal Insurance Administrator an ordinance adopting flood plain management A.
Redlands Regular Meeting of 10-21-25 94 of 1909
Insurance Administrator an ordinance adopting flood plain management regulations that satisfy the requirements of 44 CFR Part 60 and that are designed to reduce or avoid future flood, mudslide or flood-related erosion damages and include enforcement provisions.
While the City of Redlands has adopted the most recent version of the California Building Code and has an ordinance for flood plain management regulations that previously satisfied the prerequisites for the National Flood Insurance Program or the regulations set forth at 44 CFR Part 60, amendments to the City’s ordinance are required to continue to satisfy the National Flood Insurance Program or the regulations set forth at 44 CFR Part 60.
B.
Pursuant to 44 CFR § 59.24, a government entity that is otherwise eligible for the sale of federal flood insurance shall be subject to suspension from the National Flood Insurance Program for failing to submit copies of adequate flood plain management regulations meeting the minimum requirements of 4 CFR Part 60. The Federal Insurance Administrator has provided a deadline of October 30, 2025, for the City of Redlands to adopt the required municipal code text amendment(s) to update the applicable flood plain management regulations contained in the Redlands Municipal Code.
C.
The City Council finds that the impending loss of community eligibility for discounted flood insurance under the National Flood Insurance Program poses a current and immediate threat to the public health, safety, and welfare presented by floods and related conditions during the upcoming rainy season(s). In the absence of this Urgency Ordinance's immediate effectiveness, the City would be unable to secure eligibility to purchase discounted federal flood insurance for affected community members, as well as to protect the public health, safety, and welfare from the potential adverse effects of lack of insurance coverage to recover from a flood or flood-related disaster.
D.
ALTERNATIVES:
If the City Council declines to adopt the Urgency Ordinance, then the municipal code will no longer be in compliance with applicable floodplain management regulations, and the City would be subject to suspension from the National Flood Insurance Program. In the absence of this Urgency Ordinance's immediate effectiveness, the City would be unable to secure eligibility to purchase discounted federal flood insurance for affected community members, as well as to protect the public health, safety, and welfare from the potential adverse effects of the lack of insurance coverage to recover from a flood or flood-related disaster.
Redlands Regular Meeting of 10-21-25 95 of 1909
STRATEGIC PLAN:
Not applicable.
SUBMITTED BY:
Brian Desatnik, Development Services Director
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Christopher Boatman, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
John Thompson, Chief Building Official
Fiscal Impact
Fiscal Year: 2025-26
Discussion:
There is no fiscal impact associated with this request.
Attachments
Attachment A-1: Urgency Ordinance No. 2991 (Legislative) Attachment A-2: Urgency Ordinance No. 2991 (Clean)
Attachment B-1: Ordinance No. 2992 (Legislative)
Attachment B-2: Ordinance No. 2992 (Clean)
Redlands Regular Meeting of 10-21-25 96 of 1909
1 ORDINANCE NO. 2991
AN URGENCY ORDINANCE OF THE CITY OF REDLANDS
ADOPTING IMMEDIATE CODE TEXT AMENDMENTS TO TITLE 15,
CHAPTER 15.32, OF THE REDLANDS MUNICIPAL CODE
RELATING TO FLOOD DAMAGE PREVENTION AND FLOODPLAIN
MANAGEMENT; AND DECLARING AN URGENCY FOR THE
PURPOSE OF PROTECTING THE PUBLIC HEALTH, SAFETY, AND
GENERAL WELFARE FOR PERSONS AND PROPERTIES WITHIN
THE CITY OF REDLANDS.
WHEREAS, on September 20, 2016, the City Council of the City of Redlands adopted Ordinance No. 2837 updating Title 15, Chapter 15.32 (Flood Damage Prevention), of the Redlands Municipal Code; and
WHEREAS, the City of Redlands desires to update Title 15, Chapter 15.32 (Flood Damage Prevention), of the Redlands Municipal Code to align with current applicable State and/or Federal guidance and regulations; and
WHEREAS, the City of Redlands maintains current eligibility and participation in the National Flood Insurance Program; and
WHEREAS, immediate adoption of certain necessary updates to Redlands Municipal Code Title 15, Chapter 15.32 (Flood Damage Prevention) by October 30, 2025, is necessary to maintain current eligibility for the National Flood Insurance Program; and WHEREAS, should the City of Redlands lose its participation in the National Flood Insurance Program, such loss of insurance will result in loss of community eligibility for discounted flood insurance under the National Flood Insurance Program, and therefore, present an immediate threat to the public health, safety, and welfare of persons and properties within the City; and
WHEREAS, California Government Code section 36937 authorizes the City Council to introduce and adopt an ordinance it declares to be necessary as an urgency measure to preserve the public peace, health, and safety at one and the same meeting if passed by at least four-fifths (4/5) vote of the City Council; and
WHEREAS, the City of Redlands is in compliance with the procedural requirements of California Government Code section 36937 pertaining to the adoption of this Urgency Ordinance; and
WHEREAS, the California Environmental Quality Act (CEQA), Sections 15061(b)(3) and 15378(b)(5) of the State CEQA Guidelines, provide for appropriate exemptions from further environmental review regarding the adoption of this ordinance; and Redlands Regular Meeting of 10-21-25 97 of 1909
2 WHEREAS, the City Council of the City of Redlands makes the following findings regarding the purpose and intent of this Urgency Ordinance:
A. The National Flood Insurance Act of 1968 was enacted by title XIII of the Housing & Urban Development Act of 1968 (“Act”) to provide previously unavailable flood insurance protection to property owners in flood-prone areas. Under the Act and the regulations promulgated under the Act, specifically 44 CFR § 59.2, in order to qualify for the sale of federally-subsidized flood insurance, the City must adopt and submit to the Federal Insurance Administrator an ordinance adopting flood plain management regulations that satisfy the requirements of 44 CFR Part 60 and that are designed to reduce or avoid future flood, mudslide or flood-related erosion damages and include enforcement provisions.
B. While the City of Redlands has adopted the most recent version of the California Building Code and has an ordinance for flood plain management regulations that previously satisfied the prerequisites for the National Flood Insurance Program or the regulations set forth at 44 CFR Part 60, amendments to the City’s ordinance are required by October 30, 2025, to continue to satisfy the National Flood Insurance Program or the regulations set forth at 44 CFR Part 60.
C. Pursuant to 44 CFR § 59.24, a government entity that is otherwise eligible for the sale of federal flood insurance shall be subject to suspension from the National Flood Insurance Program for failing to submit copies of adequate flood plain management regulations meeting the minimum requirements of 4 CFR Part 60. The Federal Insurance Administrator has provided a deadline of October 30, 2025, for the City of Redlands to adopt the required municipal code text amendment(s) to update the applicable flood plain management regulations contained in the Redlands Municipal Code.
D. The City Council finds that the impending loss of community eligibility for discounted flood insurance under the National Flood Insurance Program poses a current and immediate threat to the public health, safety, and welfare presented by floods and related conditions during the upcoming rainy season(s). In the absence of this Urgency Ordinance's immediate effectiveness, the City would be unable to secure eligibility to purchase discounted federal flood insurance for affected community members, as well as to protect the public health, safety, and welfare from the potential adverse effects of lack of insurance coverage to recover from a flood or flood-related disaster.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 15.32.020 of Chapter 15.32 of the Redlands Municipal Code, entitled “Definitions,” is hereby amended to read as follows:
“15.32.020: DEFINITIONS:
The following words shall have the meanings ascribed to them:
Redlands Regular Meeting of 10-21-25 98 of 1909
3 ACCESSORY STRUCTURE: A structure that is accessory to and incidental to that of the dwelling(s) and that is located on the same structure.
ACCESSORY USE: A use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
ALLUVIAL FAN: A geomorphologic feature characterized by a cone or fan shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.
APEX: The point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.
APPEAL: A request for a review of the chief building official's interpretation of any provision of this chapter.
AREA OF SHALLOW FLOODING: A designated AO or AH zone on the flood insurance rate map (FIRM) where the base flood depths range from one to three feet (3'), a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate, and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
ATTENDANT UTILITIES AND EQUIPMENT: Utilities, mechanical. Electrical, fuel gas, plumbing, HVAC, and related equipment, as well as services associated with new construction and substantial improvements.
BASE FLOOD: A flood which has a one percent (1%) chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this chapter.
BASE FLOOD ELEVATION (BFE): Elevation of flooding, including wave height, have a one percent (1%) chance of being equaled or exceeded in any given year.
BASEMENT: Any area of the building having its floor subgrade (below ground level) on all sides.
DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to, buildings, structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
DRY FLOODPROOFING: A combination of measures that results in a structure, including the attendant utilities and equipment, being watertight with all elements substantially impermeable and with structural components having the capacity to resist flood loads.
ENCROACHMENT: The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home Redlands Regular Meeting of 10-21-25 99 of 1909
4 park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION:
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM): The official map on which the federal emergency management agency or federal insurance administration has delineated both the areas of special flood hazard and the floodway.
FLOOD, FLOODING, OR FLOODWATER:
A. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, the unusual and rapid accumulation or runoff of surface waters from any source, and/or mudslides (i.e., mudflows); and B. The condition resulting from flood related erosion.
FLOOD HAZARD BOUNDARY MAP: The official map on which the federal emergency management agency or federal insurance administration has delineated the areas of flood hazards.
FLOOD INSURANCE RATE MAP (FIRM): The official map on which the federal emergency management agency or federal insurance administration has delineated both the areas of special flood hazards and the risk of premium zones applicable to the community.
FLOOD INSURANCE STUDY: The official report provided by the federal insurance administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map and the water surface elevation of the base flood.
FLOODPLAIN ADMINISTRATOR: The city's chief building official.
FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations and open space plans.
FLOODPLAIN MANAGEMENT REGULATIONS: This chapter, subdivision regulations, building codes, health regulations, ordinances (such as grading and erosion control) and other applications of police power regulations which control development in flood prone areas. This term describes federal, state or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage.
FLOODPLAIN OR FLOOD PRONE AREA: Any land area susceptible to being inundated by water from any source (see definition of Flood, Flooding, Or Floodwater).
Redlands Regular Meeting of 10-21-25 100 of 1909
5 FLOODPROOFING: Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1') (referred to as "regulatory floodway").
FLOODWAY FRINGE: That area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted.
FRAUD AND VICTIMIZATION: As related to sections 15.32.180 and 15.32.190 of this chapter, means that the variance granted must not cause fraud on or victimization of the public.
In examining this requirement, the city will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the city for fifty (50) to one hundred (100) years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the city as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.
FUNCTIONALLY DEPENDENT USE: A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water.
GOVERNING BODY: The city council of the city of Redlands that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.
HARDSHIP: As related to section 15.32.190 of this chapter, means the exceptional hardship that would result from a failure to grant a requested variance. The city council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE: Any structure that is:
A. Listed individually in the national register of historic places (a listing maintained by the department of interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the national register; B. Certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district; Redlands Regular Meeting of 10-21-25 101 of 1909
6 C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the secretary of the interior; or D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the secretary of the interior or directly by the secretary of the interior in states without approved programs.
LEVEE: A manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM: A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.
LOWEST FLOOR: The lowest floor of the lowest enclosed area, including basement (see definition of Basement), for:
A. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable nonelevation design requirements, but not limited to:
1. The wet floodproofing standard in subsection 15.32.110C of this chapter;
2. The anchoring standards in subsection 15.32.110A of this chapter;
3. The construction materials and methods standards in subsection
15.32.110B of this chapter; and
4. The standards for utilities in section 15.32.120 of this chapter.
B. Residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see definition of Basement). This prohibition includes below grade garages and storage areas.
MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
MARKET VALUE: The cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimation guide recognized by the building construction industry.
Redlands Regular Meeting of 10-21-25 102 of 1909
7 The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimation guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by written explanation of the differences.
MEAN SEA LEVEL: For purposes of the national flood insurance program, the national geodetic vertical datum (NGVD) of 1929 or other datum, to which base flood elevation shown on a community's flood insurance rate map are referenced.
MINIMUM NECESSARY: To afford relief with a minimum of deviation from the requirements of this chapter.
MUDSLIDE (MUDFLOW) PRONE AREA: An area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.
NEW CONSTRUCTION: For floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this city.
OBSTRUCTION: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill structure, vegetation or other material in, along, across or projection into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
PUBLIC SAFETY AND NUISANCE: As related to section 15.32.190 of this chapter, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake or river, bay, stream, canal, or basin.
RECREATIONAL VEHICLE: A vehicle which is:
A. Built on a single chassis;
B. Four hundred (400) square feet or less when measured at the largest horizontal projection;
Redlands Regular Meeting of 10-21-25 103 of 1909
8 C. Designed to be self-propelled or permanently towable by a light duty truck; and D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1'). Channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
REMEDY A VIOLATION: To bring a structure or other development into compliance with state and local floodplain management regulations, or, if that is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.
RIVERINE: Relating to, formed by, or resembling a river (including tributaries), stream or brook.
SPECIAL FLOOD HAZARD AREA (SFHA): An area in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year and is shown on an FHBM or FIRM as zone A, AO, A1-30, AE, A99, or AH.
START OF CONSTRUCTION: Includes substantial improvement, and other proposed new development and means the date the building permit was issued; provided, the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of manufactured home on a foundation. "Permanent construction" does not include land preparation, such as clearing, grading and filling, the installation of streets and/or walkways; nor does it include the excavation of basements, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE: A walled and roofed building that is principally above ground; including a gas or liquid storage tank or a manufactured home.
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent Redlands Regular Meeting of 10-21-25 104 of 1909
9 (50%) of the market value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
A. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
B. Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
VARIANCE: A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
VIOLATION: The failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certification, or other evidence of compliance required by this chapter is presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION: The height, in relation to the national geodetic vertical datum (NGVD) of 1929 (or the datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
WATERCOURSE: A lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.” SECTION 2. Section 15.32.040 of Chapter 15.32 of the Redlands Municipal Code, entitled “Establishing the Areas of Special Flood Hazard,” is hereby amended to read as follows:
“15.32.040: ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD:
The areas of special flood hazard identified by the federal insurance administration (FIA) of the federal emergency management agency (FEMA) in the flood insurance study (FIS) dated July 3, 1978, and the flood insurance rate map (FIRMs) and flood boundary and floodway maps (FBFMs), dated January 3, 1979, “Flood Insurance Study (FIS) for San Bernardino County, California and Incorporated Areas” dated January 17, 1997, with accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), dated January 3, 1979, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter. This flood insurance study (FIS) and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city council by the chief building official. The study, FIRMs and FBFMs are on file at 35 Cajon Street, Suite 20, department of building and safety.”
Redlands Regular Meeting of 10-21-25 105 of 1909
10 SECTION 3. Section 15.32.080 of Chapter 15.32 of the Redlands Municipal Code, entitled “Warning and Disclaimer of Liability,” is hereby amended to read as follows:
“15.32.080: WARNING AND DISCLAIMER OF LIABILITY:
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on occasions and flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards, or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any elected official, officer or employee thereof, the state of California, or the federal insurance administration, federal emergency management agency, for any flood damages that result from reliance on this chapter or any rule or regulation made pursuant to this chapter.
If any section, provision or portion of the ordinance is deemed unconstitutional or invalid by a court, the remainder of the ordinance shall be effective.” SECTION 4. Section 15.32.100 of Chapter 15.32 of the Redlands Municipal Code, entitled “Chief Building Official; Duties and Responsibilities,” is hereby amended to read as follows:
“15.32.100: CHIEF BUILDING OFFICIAL; DUTIES AND RESPONSIBILITIES:
The chief building official, as the designated floodplain administrator, shall administer, implement, and enforce this chapter by granting or denying development permits in accordance with its provisions and the chief building official duties and responsibilities shall include, but not be limited to:
A. Permit Review:
1. Review all development permits to determine that the permit requirements of this chapter have been satisfied;
2. Ensure that all other state and federal permits have been obtained;
3. Determine that the site is reasonably safe from flooding; and
4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot (1') at any point.
The proposed development within zones A1-30 and AE without a designated floodway does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated.
For purposes of this chapter, “adversely affects” means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot (1’) at any point.
B. Review, Use And Development Of Other Base Flood Data:
Redlands Regular Meeting of 10-21-25 106 of 1909
11 1. When base flood elevation data has not been provided in accordance with section 15.32.040 of this chapter, the chief building official shall obtain, review and utilize any base flood elevation and floodway data available from a federal, state or other sources, or if no base flood elevation data is available from a federal or state agency or other source, in order to administer section 15.32.110 of this chapter. Any such information shall be submitted to the city for adoption; or
2. If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of the two (2) methods from the FEMA publication "Managing Floodplain Development In Approximate Zone A Areas-A Guide Of Obtaining And Developing Base (100-Year) Flood Elevations" dated July 1995, in order to administer section 15.32.110 of this chapter.
a. Simplified method:
(1) 100-year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. geological survey publication, or the discharge-drainage area method; and (2) Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or
b. Detail method:
(1) 100-year or base flood discharge shall be obtained using the U.S. army corps of engineers' HEC-HMS computer program; and (2) Base flood elevation shall be obtained using the U.S. army corps of engineers' HEC-RAS computer program.
C. Notification Of Other Agencies:
1. In alteration or relocation of a watercourse:
a. Notify adjacent communities and the California department of water resources prior to alteration or relocation;
b. Submit evidence of such notification to the FEMA; and c. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.
2. Base Flood Elevation Changes Due To Physical Alterations:
a. Within six (6) months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR).
b. All LOMR’s for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on Conditional Letters of Map Revision (CLOMR’s). Approved CLOMR’s allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition.
Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and Redlands Regular Meeting of 10-21-25 107 of 1909
12 floodplain management requirements are based on current data.
3. Changes In Corporate Boundaries:
a. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.
D. Documentation Of Floodplain Development: Obtain and maintain for public inspection and make available as needed the following:
1. Certification required by sections 15.32.110 and 15.32.140 of this chapter (lowest floor elevations);
2. Certification required by subsection 15.32.110C4 of this chapter (elevation or floodproofing of nonresidential structures);
3. Certification of elevation required by subsection 15.32.110C5 of this chapter (wet floodproofing standards);
4. Certification of elevation required by section 15.32.130, "Subdivision Standards", of this chapter;
5. Certification required by section 15.32.160 of this chapter (floodway encroachments);
6. Reports required by section 15.32.170 of this chapter (mudflow standards).
E. Map Determinations: Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). Any person contesting the location of a boundary shall be given a reasonable opportunity to appeal the interpretation as provided in sections 15.32.180 and 15.32.190 of this chapter.
F. Remedial Action: Take action to remedy violations of this chapter.” SECTION 5. Section 15.32.110 of Chapter 15.32 of the Redlands Municipal Code, entitled “Construction Standards,” is hereby amended to read as follows:
“15.32.110: CONSTRUCTION STANDARDS:
In all areas of special flood hazards the following standards are required:
A. Anchoring:
1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
2. All manufactured homes shall meet the anchoring standards of section
15.32.140 of this chapter.
B. Construction Materials And Methods:
1. All new construction and substantial improvements shall be constructed with flood resistant materials and utility equipment resistant to flood damage;
2. All new construction and substantial improvements shall be constructed using Redlands Regular Meeting of 10-21-25 108 of 1909
13 methods and practices that minimize flood damage;
3. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and by elevating said equipment by at least one foot (1’) above the base flood elevation; and
4. If within zone AH or AO, adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
C. Elevation And Floodproofing:
1. Residential construction, new or substantial improvement of any structure in zone AE, AH, or A1-30 shall have the lowest floor, including basement, elevated two feet (2') above the base flood elevation. Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the chief building official to be properly elevated.
2. Residential construction, new or substantial improvement, of any structure in zone AO shall have the lowest floor, including basement, elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least two feet (2'), or elevated at least four feet (4') above the highest adjacent grade if no depth number is specified. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or by the chief building official to be properly elevated.
3. Residential construction, new or substantial improvement of any structure in zone A shall have the lowest floor, including basement, be elevated at least two feet (2') above the base flood elevation. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or by the chief building official to be properly elevated.
4. Nonresidential construction, new or substantial improvement, shall either be elevated in conformance with subsection C1 or C2 of this section or together with attendant utility and sanitary facilities be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water, have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, and be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the chief building official.
Nonresidential construction, new or substantial improvement, in AO zones shall either be elevated in conformance with subsection C1 or C2 of this section or together with attendant utility and sanitary facilities be floodproofed to at least two feet (2’) above the BFE so that below this level the structure is watertight with walls substantially impermeable to the passage of water, have structural Redlands Regular Meeting of 10-21-25 109 of 1909
14 components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, and be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the chief building official.
5. All new construction and substantial improvements, that fully enclose areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement shall either be certified by a registered professional engineer or architect and must meet or exceed the following minimum criteria:
a. Have a minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot (1') above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters; or
b. Be certified by a registered professional engineer or architect.
6. Manufactured homes shall satisfy the standards in section 15.32.140 of this chapter.”
SECTION 6. Section 15.32.130 of Chapter 15.32 of the Redlands Municipal Code, entitled “Subdivision Standards,” is hereby amended to read as follows:
“15.32.130: SUBDIVISION STANDARDS:
A. All preliminary subdivision proposals greater than 50 lots or 5 acres shall identify the special flood hazard area and the elevation of the base flood.
B. All final subdivision plans shall provide the elevation of proposed structures and pads. If the site is filled above the base flood elevation, the lowest floor and pad elevation shall be certified by a registered professional engineer or surveyor and provided to the chief building official.
C. All subdivision proposals shall be consistent with the need to minimize flood damage.
D. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage by dry floodproofing and elevating equipment by at least one foot (1’) above the base flood elevation.
E. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.”
SECTION 7. Section 15.32.140 of Chapter 15.32 of the Redlands Municipal Code, Redlands Regular Meeting of 10-21-25 110 of 1909
15 entitled “Standards for Manufactured Homes,” is hereby amended to read as follows:
“15.32.140: STANDARDS FOR MANUFACTURED HOMES:
A. All manufactured homes that are placed or substantially improved within zones A1- 30, AH, and AE on the community's flood insurance rate map, on sites located: 1) outside of a manufactured home park or subdivision; 2) in a new manufactured home park or subdivision; 3) in an expansion to an existing manufactured home park or subdivision; 4) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to at least two feet (2') above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation collapse and lateral movement.
B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH, and AE on the community's flood insurance rate map that are not subject to the provisions of subsection A of this section will be fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and to be elevated so that either:
1. The lowest floor of the manufactured home is at least two feet (2') above the base flood elevation; or.
2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty six inches (36") in height above grade. Upon completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the city building inspector to be properly elevated. Such certification and verification shall be provided to the chief building official.”
SECTION 8. Immediate threat to public health, safety, and welfare.
Based on the findings herein, this Urgency Ordinance is adopted pursuant to California Government Code section 36937 to address an immediate threat to the public health, safety, and welfare. The City Council has determined that failing to immediately adopt the necessary updates to Chapter 15.32 (Flood Damage Prevention) by October 30, 2025, will result in the loss of eligibility for the National Flood Insurance Program, and such loss of eligibility and insurance presents an immediate threat to the public health, safety, and welfare of persons and properties within the City of Redlands.
SECTION 9. Urgency Ordinance. In accordance with California Government Code sections 36934 and 36937, this ordinance is an Urgency Ordinance and shall take effect and be enforced immediately upon adoption.
SECTION 10. Conflicting Provisions. For the term of this ordinance, the provisions of this ordinance shall govern. To the extent that there is any conflict between the provisions of this ordinance and the provisions of the City’s Municipal Code, or any ordinance, resolution, or Redlands Regular Meeting of 10-21-25 111 of 1909
16 policy of the City, all such conflicting provisions shall be suspended or modified to the extent necessary to implement the provisions of this Urgency Ordinance.
SECTION 11. Environmental Determination. The City Council has reviewed the matter and, based upon the facts and information contained in the staff report, administrative record, and written and oral testimony, hereby finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) and 15378(b)(5) of the State CEQA Guidelines, in that it will not result in a direct or reasonably foreseeable indirect physical change on the environment nor have a significant impact on the environment.
SECTION 12. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Urgency Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Urgency Ordinance. The City Council hereby declares that it would have adopted this Urgency Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 13. Publication and Effective Date. This Urgency Ordinance is enacted pursuant to the authority conferred upon the City Council by Government Code Sections 36934 and 36937 and shall be in full force and effect upon its adoption by a four-fifths (4/5) vote of the City Council. The City Clerk shall cause this Urgency Ordinance to be published once in a newspaper of general circulation within fifteen (15) days after its adoption. _________________________________
Mario Saucedo, Mayor
Redlands Regular Meeting of 10-21-25 112 of 1909
17 ATTEST:
_____________________________
Jeanne Donaldson, City Clerk
I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing urgency ordinance was duly adopted by the City Council at a regular meeting thereof held on the 21st day of October, 2025.
AYES:
NOES:
ABSENT:
ABSTAINED:
___________________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 10-21-25 113 of 1909
1 I:\cmo\Ordinances\2991-Flood Damage Prevention and Floodplain Management.doc-jl ORDINANCE NO. 2991
AN URGENCY ORDINANCE OF THE CITY OF REDLANDS
ADOPTING IMMEDIATE CODE TEXT AMENDMENTS TO TITLE 15,
CHAPTER 15.32, OF THE REDLANDS MUNICIPAL CODE
RELATING TO FLOOD DAMAGE PREVENTION AND FLOODPLAIN
MANAGEMENT; AND DECLARING AN URGENCY FOR THE
PURPOSE OF PROTECTING THE PUBLIC HEALTH, SAFETY, AND
GENERAL WELFARE FOR PERSONS AND PROPERTIES WITHIN
THE CITY OF REDLANDS.
WHEREAS, on September 20, 2016, the City Council of the City of Redlands adopted Ordinance No. 2837 updating Title 15, Chapter 15.32 (Flood Damage Prevention), of the Redlands Municipal Code; and
WHEREAS, the City of Redlands desires to update Title 15, Chapter 15.32 (Flood Damage Prevention), of the Redlands Municipal Code to align with current applicable State and/or Federal guidance and regulations; and
WHEREAS, the City of Redlands maintains current eligibility and participation in the National Flood Insurance Program; and
WHEREAS, immediate adoption of certain necessary updates to Redlands Municipal Code Title 15, Chapter 15.32 (Flood Damage Prevention) by October 30, 2025, is necessary to maintain current eligibility for the National Flood Insurance Program; and WHEREAS, should the City of Redlands lose its participation in the National Flood Insurance Program, such loss of insurance will result in loss of community eligibility for discounted flood insurance under the National Flood Insurance Program, and therefore, present an immediate threat to the public health, safety, and welfare of persons and properties within the City; and
WHEREAS, California Government Code section 36937 authorizes the City Council to introduce and adopt an ordinance it declares to be necessary as an urgency measure to preserve the public peace, health, and safety at one and the same meeting if passed by at least four-fifths (4/5) vote of the City Council; and
WHEREAS, the City of Redlands is in compliance with the procedural requirements of California Government Code section 36937 pertaining to the adoption of this Urgency Ordinance; and
WHEREAS, the City Council of the City of Redlands makes the following findings regarding the purpose and intent of this urgency ordinance:
A. The National Flood Insurance Act of 1968 was enacted by title XIII of the Housing & Urban Development Act of 1968 (“Act”) to provide previously unavailable flood insurance protection to property owners in flood-prone areas. Under the Act and the Redlands Regular Meeting of 10-21-25 114 of 1909
2 I:\cmo\Ordinances\2991-Flood Damage Prevention and Floodplain Management.doc-jl regulations promulgated under the Act, specifically 44 CFR § 59.2, in order to qualify for the sale of federally-subsidized flood insurance, the City must adopt and submit to the Federal Insurance Administrator an ordinance adopting flood plain management regulations that satisfy the requirements of 44 CFR Part 60 and that are designed to reduce or avoid future flood, mudslide or flood-related erosion damages and include enforcement provisions.
B. While the City of Redlands has adopted the most recent version of the California Building Code and has an ordinance for flood plain management regulations that previously satisfied the prerequisites for the National Flood Insurance Program or the regulations set forth at 44 CFR Part 60, amendments to the City’s ordinance are required by October 30, 2025, to continue to satisfy the National Flood Insurance Program or the regulations set forth at 44 CFR Part 60.
C. Pursuant to 44 CFR § 59.24, a government entity that is otherwise eligible for the sale of federal flood insurance shall be subject to suspension from the National Flood Insurance Program for failing to submit copies of adequate flood plain management regulations meeting the minimum requirements of 4 CFR Part 60. The Federal Insurance Administrator has provided a deadline of October 30, 2025, for the City of Redlands to adopt the required municipal code text amendment(s) to update the applicable flood plain management regulations contained in the Redlands Municipal Code.
D. The City Council finds that the impending loss of community eligibility for discounted flood insurance under the National Flood Insurance Program poses a current and immediate threat to the public health, safety, and welfare presented by floods and related conditions during the upcoming rainy season(s). In the absence of this Urgency Ordinance's immediate effectiveness, the City would be unable to secure eligibility to purchase discounted federal flood insurance for affected community members, as well as to protect the public health, safety, and welfare from the potential adverse effects of lack of insurance coverage to recover from a flood or flood-related disaster.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 15.32.020 of Chapter 15.32 of the Redlands Municipal Code, entitled “Definitions,” is hereby amended to read as follows:
“15.32.020: DEFINITIONS:
The following words shall have the meanings ascribed to them:
ACCESSORY STRUCTURE: A structure that is accessory to and incidental to that of the dwelling(s) and that is located on the same structure.
ACCESSORY USE: A use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
Redlands Regular Meeting of 10-21-25 115 of 1909
3 I:\cmo\Ordinances\2991-Flood Damage Prevention and Floodplain Management.doc-jl ALLUVIAL FAN: A geomorphologic feature characterized by a cone or fan shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.
APEX: The point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.
APPEAL: A request for a review of the chief building official's interpretation of any provision of this chapter.
AREA OF SHALLOW FLOODING: A designated AO or AH zone on the flood insurance rate map (FIRM) where the base flood depths range from one to three feet (3'), a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate, and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
ATTENDANT UTILITIES AND EQUIPMENT: Utilities, mechanical. Electrical, fuel gas, plumbing, HVAC, and related equipment, as well as services associated with new construction and substantial improvements.
BASE FLOOD: A flood which has a one percent (1%) chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this chapter.
BASE FLOOD ELEVATION (BFE): Elevation of flooding, including wave height, have a one percent (1%) chance of being equaled or exceeded in any given year.
BASEMENT: Any area of the building having its floor subgrade (below ground level) on all sides.
DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to, buildings, structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
DRY FLOODPROOFING: A combination of measures that results in a structure, including the attendant utilities and equipment, being watertight with all elements substantially impermeable and with structural components having the capacity to resist flood loads.
ENCROACHMENT: The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION:
Redlands Regular Meeting of 10-21-25 116 of 1909
4 I:\cmo\Ordinances\2991-Flood Damage Prevention and Floodplain Management.doc-jl The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM): The official map on which the federal emergency management agency or federal insurance administration has delineated both the areas of special flood hazard and the floodway.
FLOOD, FLOODING, OR FLOODWATER:
A. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, the unusual and rapid accumulation or runoff of surface waters from any source, and/or mudslides (i.e., mudflows); and B. The condition resulting from flood related erosion.
FLOOD HAZARD BOUNDARY MAP: The official map on which the federal emergency management agency or federal insurance administration has delineated the areas of flood hazards.
FLOOD INSURANCE RATE MAP (FIRM): The official map on which the federal emergency management agency or federal insurance administration has delineated both the areas of special flood hazards and the risk of premium zones applicable to the community.
FLOOD INSURANCE STUDY: The official report provided by the federal insurance administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map and the water surface elevation of the base flood.
FLOODPLAIN ADMINISTRATOR: The city's chief building official.
FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations and open space plans.
FLOODPLAIN MANAGEMENT REGULATIONS: This chapter, subdivision regulations, building codes, health regulations, ordinances (such as grading and erosion control) and other applications of police power regulations which control development in flood prone areas. This term describes federal, state or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage.
FLOODPLAIN OR FLOOD PRONE AREA: Any land area susceptible to being inundated by water from any source (see definition of Flood, Flooding, Or Floodwater).
FLOODPROOFING: Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that Redlands Regular Meeting of 10-21-25 117 of 1909
5 I:\cmo\Ordinances\2991-Flood Damage Prevention and Floodplain Management.doc-jl must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1').
FLOODWAY FRINGE: That area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted.
FRAUD AND VICTIMIZATION: As related to sections 15.32.180 and 15.32.190 of this chapter, means that the variance granted must not cause fraud on or victimization of the public.
In examining this requirement, the city will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the city for fifty (50) to one hundred (100) years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the city as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.
FUNCTIONALLY DEPENDENT USE: A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water.
GOVERNING BODY: The city council of the city of Redlands that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.
HARDSHIP: As related to section 15.32.190 of this chapter, means the exceptional hardship that would result from a failure to grant a requested variance. The city council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE: Any structure that is:
A. Listed individually in the national register of historic places (a listing maintained by the department of interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the national register; B. Certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district; C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the secretary of the interior; or D. Individually listed on a local inventory of historic places in communities with Redlands Regular Meeting of 10-21-25 118 of 1909
6 I:\cmo\Ordinances\2991-Flood Damage Prevention and Floodplain Management.doc-jl historic preservation programs that have been certified either by an approved state program as determined by the secretary of the interior or directly by the secretary of the interior in states without approved programs.
LEVEE: A manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM: A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.
LOWEST FLOOR: The lowest floor of the lowest enclosed area, including basement (see definition of Basement), for:
A. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable nonelevation design requirements, but not limited to:
1. The wet floodproofing standard in subsection 15.32.110C of this chapter;
2. The anchoring standards in subsection 15.32.110A of this chapter;
3. The construction materials and methods standards in subsection
15.32.110B of this chapter; and
4. The standards for utilities in section 15.32.120 of this chapter.
B. Residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see definition of Basement). This prohibition includes below grade garages and storage areas.
MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
MARKET VALUE: The cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimation guide recognized by the building construction industry.
The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized Redlands Regular Meeting of 10-21-25 119 of 1909
7 I:\cmo\Ordinances\2991-Flood Damage Prevention and Floodplain Management.doc-jl building cost estimation guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by written explanation of the differences.
MEAN SEA LEVEL: For purposes of the national flood insurance program, the national geodetic vertical datum (NGVD) of 1929 or other datum, to which base flood elevation shown on a community's flood insurance rate map are referenced.
MINIMUM NECESSARY: To afford relief with a minimum of deviation from the requirements of this chapter.
MUDSLIDE (MUDFLOW) PRONE AREA: An area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.
NEW CONSTRUCTION: For floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this city.
OBSTRUCTION: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill structure, vegetation or other material in, along, across or projection into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
PUBLIC SAFETY AND NUISANCE: As related to section 15.32.190 of this chapter, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake or river, bay, stream, canal, or basin.
RECREATIONAL VEHICLE: A vehicle which is:
A. Built on a single chassis;
B. Four hundred (400) square feet or less when measured at the largest horizontal projection;
C. Designed to be self-propelled or permanently towable by a light duty truck; and D. Designed primarily not for use as a permanent dwelling but as temporary living Redlands Regular Meeting of 10-21-25 120 of 1909
8 I:\cmo\Ordinances\2991-Flood Damage Prevention and Floodplain Management.doc-jl quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOODWAY: Channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
REMEDY A VIOLATION: To bring a structure or other development into compliance with state and local floodplain management regulations, or, if that is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.
RIVERINE: Relating to, formed by, or resembling a river (including tributaries), stream or brook.
SPECIAL FLOOD HAZARD AREA (SFHA): An area in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year and is shown on an FHBM or FIRM as zone A, AO, A1-30, AE, A99, or AH.
START OF CONSTRUCTION: Includes substantial improvement, and other proposed new development and means the date the building permit was issued; provided, the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of manufactured home on a foundation. "Permanent construction" does not include land preparation, such as clearing, grading and filling, the installation of streets and/or walkways; nor does it include the excavation of basements, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE: A walled and roofed building that is principally above ground; including a gas or liquid storage tank or a manufactured home.
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
Redlands Regular Meeting of 10-21-25 121 of 1909
9 I:\cmo\Ordinances\2991-Flood Damage Prevention and Floodplain Management.doc-jl A. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
B. Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
VARIANCE: A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
VIOLATION: The failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certification, or other evidence of compliance required by this chapter is presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION: The height, in relation to the national geodetic vertical datum (NGVD) of 1929 (or the datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
WATERCOURSE: A lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.” SECTION 2. Section 15.32.040 of Chapter 15.32 of the Redlands Municipal Code, entitled “Establishing the Areas of Special Flood Hazard,” is hereby amended to read as follows:
“15.32.040: ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD:
The areas of special flood hazard identified by the federal insurance administration (FIA) of the federal emergency management agency (FEMA) in the “Flood Insurance Study (FIS) for San Bernardino County, California and Incorporated Areas” dated January 17, 1997, with accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), dated January 3, 1979, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter. This flood insurance study (FIS) and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city council by the chief building official. The study, FIRMs and FBFMs are on file at 35 Cajon Street, Suite 20, department of building and safety.” SECTION 3. Section 15.32.080 of Chapter 15.32 of the Redlands Municipal Code, entitled “Warning and Disclaimer of Liability,” is hereby amended to read as follows:
“15.32.080: WARNING AND DISCLAIMER OF LIABILITY:
The degree of flood protection required by this chapter is considered reasonable for regulatory Redlands Regular Meeting of 10-21-25 122 of 1909
10 I:\cmo\Ordinances\2991-Flood Damage Prevention and Floodplain Management.doc-jl purposes and is based on scientific and engineering considerations. Larger floods can and will occur on occasions and flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards, or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any elected official, officer or employee thereof, the state of California, or the federal insurance administration, federal emergency management agency, for any flood damages that result from reliance on this chapter or any rule or regulation made pursuant to this chapter.
If any section, provision or portion of the ordinance is deemed unconstitutional or invalid by a court, the remainder of the ordinance shall be effective.” SECTION 4. Section 15.32.100 of the Redlands Municipal Code, entitled “Chief Building Official; Duties and Responsibilities,” is hereby amended to read as follows:
“15.32.100: CHIEF BUILDING OFFICIAL; DUTIES AND RESPONSIBILITIES:
The chief building official, as the designated floodplain administrator, shall administer, implement, and enforce this chapter by granting or denying development permits in accordance with its provisions and the chief building official duties and responsibilities shall include, but not be limited to:
A. Permit Review:
1. Review all development permits to determine that the permit requirements of this chapter have been satisfied;
2. Ensure that all other state and federal permits have been obtained;
3. Determine that the site is reasonably safe from flooding; and
4. The proposed development within zones A1-30 and AE without a designated floodway does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated.
For purposes of this chapter, “adversely affects” means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot (1’) at any point.
B. Review, Use And Development Of Other Base Flood Data:
1. When base flood elevation data has not been provided in accordance with section 15.32.040 of this chapter, the chief building official shall obtain, review and utilize any base flood elevation and floodway data available from a federal, state or other sources, or if no base flood elevation data is available from a federal or state agency or other source, in order to administer section 15.32.110 of this chapter. Any such information shall be submitted to the city for adoption; or
2. If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of the two (2) methods from the FEMA publication "Managing Floodplain Development In Approximate Zone A Areas-A Guide Of Obtaining And Developing Base (100-Year) Flood Elevations" dated July 1995, in order to administer section 15.32.110 of this Redlands Regular Meeting of 10-21-25 123 of 1909
11 I:\cmo\Ordinances\2991-Flood Damage Prevention and Floodplain Management.doc-jl chapter.
a. Simplified method:
(1) 100-year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. geological survey publication, or the discharge-drainage area method; and (2) Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or
b. Detail method:
(1) 100-year or base flood discharge shall be obtained using the U.S. army corps of engineers' HEC-HMS computer program; and (2) Base flood elevation shall be obtained using the U.S. army corps of engineers' HEC-RAS computer program.
C. Notification Of Other Agencies:
1. In alteration or relocation of a watercourse:
a. Notify adjacent communities and the California department of water resources prior to alteration or relocation;
b. Submit evidence of such notification to the FEMA; and c. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.
2. Base Flood Elevation Changes Due To Physical Alterations:
a. Within six (6) months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR).
b. All LOMR’s for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on Conditional Letters of Map Revision (CLOMR’s). Approved CLOMR’s allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition.
Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.
3. Changes In Corporate Boundaries:
a. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.
D. Documentation Of Floodplain Development: Obtain and maintain for public inspection and make available as needed the following:
1. Certification required by sections 15.32.110 and 15.32.140 of this chapter (lowest floor elevations);
Redlands Regular Meeting of 10-21-25 124 of 1909
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2. Certification required by subsection 15.32.110C4 of this chapter (elevation or floodproofing of nonresidential structures);
3. Certification of elevation required by subsection 15.32.110C5 of this chapter (wet floodproofing standards);
4. Certification of elevation required by section 15.32.130, "Subdivision Standards", of this chapter;
5. Certification required by section 15.32.160 of this chapter (floodway encroachments);
6. Reports required by section 15.32.170 of this chapter (mudflow standards).
E. Map Determinations: Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). Any person contesting the location of a boundary shall be given a reasonable opportunity to appeal the interpretation as provided in sections 15.32.180 and 15.32.190 of this chapter.
F. Remedial Action: Take action to remedy violations of this chapter.” SECTION 5. Section 15.32.110 of Chapter 15.32 of the Redlands Municipal Code, entitled “Construction Standards,” is hereby amended to read as follows:
“15.32.110: CONSTRUCTION STANDARDS:
In all areas of special flood hazards the following standards are required:
A. Anchoring:
1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
2. All manufactured homes shall meet the anchoring standards of section
15.32.140 of this chapter.
B. Construction Materials And Methods:
1. All new construction and substantial improvements shall be constructed with flood resistant materials and utility equipment resistant to flood damage;
2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage;
3. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding by elevating said equipment by at least one foot (1’) above the base flood elevation; and
Redlands Regular Meeting of 10-21-25 125 of 1909
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4. If within zone AH or AO, adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
C. Elevation And Floodproofing:
1. Residential construction, new or substantial improvement of any structure in zone AE, AH, or A1-30 shall have the lowest floor, including basement, elevated two feet (2') above the base flood elevation. Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the chief building official to be properly elevated.
2. Residential construction, new or substantial improvement, of any structure in zone AO shall have the lowest floor, including basement, elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least two feet (2'), or elevated at least four feet (4') above the highest adjacent grade if no depth number is specified. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or by the chief building official to be properly elevated.
3. Residential construction, new or substantial improvement of any structure in zone A shall have the lowest floor, including basement, be elevated at least two feet (2') above the base flood elevation. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or by the chief building official to be properly elevated.
4. Nonresidential construction, new or substantial improvement, in AO zones shall either be elevated in conformance with subsection C1 or C2 of this section or together with attendant utility and sanitary facilities be floodproofed to at least two feet (2’) above the BFE so that below this level the structure is watertight with walls substantially impermeable to the passage of water, have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, and be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the chief building official.
5. All new construction and substantial improvements, that fully enclose areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement shall either be certified by a registered professional engineer or architect and must meet or exceed the following minimum criteria:
a. Have a minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to Redlands Regular Meeting of 10-21-25 126 of 1909
14 I:\cmo\Ordinances\2991-Flood Damage Prevention and Floodplain Management.doc-jl flooding. The bottom of all openings shall be no higher than one foot (1') above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters; or
b. Be certified by a registered professional engineer or architect.
6. Manufactured homes shall satisfy the standards in section 15.32.140 of this chapter.”
SECTION 6. Section 15.32.130 of Chapter 15.32 of the Redlands Municipal Code, entitled “Subdivision Standards,” is hereby amended to read as follows:
“15.32.130: SUBDIVISION STANDARDS:
A. All preliminary subdivision proposals greater than 50 lots or 5 acres shall identify the special flood hazard area and the elevation of the base flood.
B. All final subdivision plans shall provide the elevation of proposed structures and pads. If the site is filled above the base flood elevation, the lowest floor and pad elevation shall be certified by a registered professional engineer or surveyor and provided to the chief building official.
C. All subdivision proposals shall be consistent with the need to minimize flood damage.
D. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage by dry floodproofing and elevating equipment by at least one foot (1’) above the base flood elevation.
E. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.”
SECTION 7. Section 15.32.140 of Chapter 15.32 of the Redlands Municipal Code, entitled “Standards for Manufactured Homes,” is hereby amended to read as follows:
“15.32.140: STANDARDS FOR MANUFACTURED HOMES:
A. All manufactured homes that are placed or substantially improved within zones A1- 30, AH, and AE on the community's flood insurance rate map, on sites located: 1) outside of a manufactured home park or subdivision; 2) in a new manufactured home park or subdivision; 3) in an expansion to an existing manufactured home park or subdivision; 4) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to at least two feet (2') above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation collapse and lateral movement.
B. All manufactured homes to be placed or substantially improved on sites in an Redlands Regular Meeting of 10-21-25 127 of 1909
15 I:\cmo\Ordinances\2991-Flood Damage Prevention and Floodplain Management.doc-jl existing manufactured home park or subdivision within zones A1-30, AH, and AE on the community's flood insurance rate map that are not subject to the provisions of subsection A of this section will be fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and to be elevated so that either:
1. The lowest floor of the manufactured home is at least two feet (2') above the base flood elevation.”
SECTION 8. Immediate threat to public health, safety, and welfare.
Based on the findings herein, this Urgency Ordinance is adopted pursuant to California Government Code section 36937 to address an immediate threat to the public health, safety, and welfare. The City Council has determined that failing to immediately adopt the necessary updates to Chapter 15.32 (Flood Damage Prevention) by October 30, 2025, will result in the loss of eligibility for the National Flood Insurance Program, and such loss of eligibility and insurance presents an immediate threat to the public health, safety, and welfare of persons and properties within the City of Redlands.
SECTION 9. Urgency Ordinance. In accordance with California Government Code sections 36934 and 36937, this ordinance is an Urgency Ordinance and shall take effect and be enforced immediately upon adoption.
SECTION 10. Conflicting Provisions. For the term of this ordinance, the provisions of this ordinance shall govern. To the extent that there is any conflict between the provisions of this ordinance and the provisions of the City’s Municipal Code, or any ordinance, resolution, or policy of the City, all such conflicting provisions shall be suspended or modified to the extent necessary to implement the provisions of this Urgency Ordinance.
SECTION 11. Environmental Determination. The City Council has reviewed the matter and, based upon the facts and information contained in the staff report, administrative record, and written and oral testimony, hereby finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) and 15378(b)(5) of the State CEQA Guidelines, in that it will not result in a direct or reasonably foreseeable indirect physical change on the environment nor have a significant impact on the environment.
SECTION 12. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Urgency Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Urgency Ordinance. The City Council hereby declares that it would have adopted this Urgency Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 13. Publication and Effective Date. This Urgency Ordinance is enacted pursuant to the authority conferred upon the City Council by Government Code Sections 36934 and 36937 and shall be in full force and effect upon its adoption by a four-fifths (4/5) vote of the City Council. The City Clerk shall cause this Urgency Ordinance to be published once in a newspaper of general circulation within fifteen (15) days after its adoption.
Redlands Regular Meeting of 10-21-25 128 of 1909
16 I:\cmo\Ordinances\2991-Flood Damage Prevention and Floodplain Management.doc-jl _________________________________
Mario Saucedo, Mayor
ATTEST:
_____________________________
Jeanne Donaldson, City Clerk
I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing urgency ordinance was duly adopted by the City Council at a regular meeting thereof held on the 21st day of October, 2025.
AYES:
NOES:
ABSENT:
ABSTAINED:
___________________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 10-21-25 129 of 1909
ORDINANCE NO. 2992
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING TITLE 15, CHAPTER 15.32, OF THE REDLANDS MUNICIPAL CODE RELATING TO FLOOD DAMAGE PREVENTION AND FLOODPLAIN MANAGEMENT.
WHEREAS, California Government Code sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry, and the City of Redlands has previously adopted floodplain management regulations; and
WHEREAS, on September 20, 2016, the City Council of the City of Redlands adopted Ordinance No. 2837 updating Title 15, Chapter 15.32 (Flood Damage Prevention), of the Redlands Municipal Code; and
WHEREAS, the City of Redlands desires to update Title 15, Chapter 15.32 (Flood Damage Prevention), of the Redlands Municipal Code to align with current applicable State and/or Federal guidance and regulations; and
WHEREAS, the National Flood Insurance Act of 1968 was enacted by title XIII of the Housing & Urban Development Act of 1968 (“Act”) to provide previously unavailable flood insurance protection to property owners in flood-prone areas. Under the Act and the regulations promulgated under the Act, specifically 44 CFR § 59.2, in order to qualify for the sale of federally-subsidized flood insurance, the City must adopt and submit to the Federal Insurance Administrator an ordinance adopting flood plain management regulations that satisfy the requirements of 44 CFR Part 60 and that are designed to reduce or avoid future flood, mudslide or flood-related erosion damages and include enforcement provisions; and WHEREAS, while the City of Redlands has adopted the most recent version of the California Building Code and has an ordinance for flood plain management regulations that previously satisfied the prerequisites for the National Flood Insurance Program or the regulations set forth at 44 CFR Part 60, amendments to the City’s ordinance are required to continue to satisfy the National Flood Insurance Program or the regulations set forth at 44 CFR Part 60; and WHEREAS, pursuant to 44 CFR § 59.24, a government entity that is otherwise eligible for the sale of federal flood insurance shall be subject to suspension from the National Flood Insurance Program for failing to submit copies of adequate flood plain management regulations meeting the minimum requirements of 4 CFR Part 60 and, WHEREAS, the City Council finds that the impending loss of community eligibility for discounted flood insurance under the National Flood Insurance Program poses a current and immediate threat to the public health, safety, and welfare presented by floods and related conditions during the upcoming rainy season(s). In the absence of this ordinance's effectiveness, the City would be unable to secure eligibility to purchase discounted federal flood insurance for affected community members, as well as to protect the public health, safety, and welfare from Redlands Regular Meeting of 10-21-25 130 of 1909
the potential adverse effects of lack of insurance coverage to recover from a flood or floodrelated disaster; and WHEREAS, on October 21, 2025, the City Council held a regular public meeting at which interested persons had an opportunity to testify in support of, or opposition to, Ordinance No. 2992; and
WHEREAS, after closing public comment and deliberating upon the matter, the City Council finds that approval of the proposed amendment to Title 15, Chapter 15.32 (Flood Damage Prevention), of the Redlands Municipal Code will be in the best interests of the public health, safety, and general welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 15.32.020 of Chapter 15.32 of the Redlands Municipal Code, entitled “Definitions,” is hereby amended to read as follows:
“15.32.020: DEFINITIONS:
The following words shall have the meanings ascribed to them:
ACCESSORY STRUCTURE: A structure that is accessory to and incidental to that of the dwelling(s) and that is located on the same structure.
ACCESSORY USE: A use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
ALLUVIAL FAN: A geomorphologic feature characterized by a cone or fan shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.
APEX: The point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.
APPEAL: A request for a review of the chief building official's interpretation of any provision of this chapter.
AREA OF SHALLOW FLOODING: A designated AO or AH zone on the flood insurance rate map (FIRM) where the base flood depths range from one to three feet (3'), a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate, and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
ATTENDANT UTILITIES AND EQUIPMENT: Utilities, mechanical. Electrical, fuel gas, plumbing, HVAC, and related equipment, as well as services associated with new construction and substantial improvements.
BASE FLOOD: A flood which has a one percent (1%) chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this chapter.
Redlands Regular Meeting of 10-21-25 131 of 1909
BASE FLOOD ELEVATION (BFE): Elevation of flooding, including wave height, have a one percent (1%) chance of being equaled or exceeded in any given year.
BASEMENT: Any area of the building having its floor subgrade (below ground level) on all sides.
DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to, buildings, structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
DRY FLOODPROOFING: A combination of measures that results in a structure, including the attendant utilities and equipment, being watertight with all elements substantially impermeable and with structural components having the capacity to resist flood loads.
ENCROACHMENT: The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION:
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM): The official map on which the federal emergency management agency or federal insurance administration has delineated both the areas of special flood hazard and the floodway.
FLOOD, FLOODING, OR FLOODWATER:
A. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, the unusual and rapid accumulation or runoff of surface waters from any source, and/or mudslides (i.e., mudflows); and B. The condition resulting from flood related erosion.
FLOOD HAZARD BOUNDARY MAP: The official map on which the federal emergency management agency or federal insurance administration has delineated the areas of flood hazards.
FLOOD INSURANCE RATE MAP (FIRM): The official map on which the federal emergency management agency or federal insurance administration has delineated both the areas of special flood hazards and the risk of premium zones applicable to the community.
FLOOD INSURANCE STUDY: The official report provided by the federal insurance administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map and the water surface elevation of the base flood.
Redlands Regular Meeting of 10-21-25 132 of 1909
FLOODPLAIN ADMINISTRATOR: The city's chief building official.
FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations and open space plans.
FLOODPLAIN MANAGEMENT REGULATIONS: This chapter, subdivision regulations, building codes, health regulations, ordinances (such as grading and erosion control) and other applications of police power regulations which control development in flood prone areas. This term describes federal, state or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage.
FLOODPLAIN OR FLOOD PRONE AREA: Any land area susceptible to being inundated by water from any source (see definition of Flood, Flooding, Or Floodwater).
FLOODPROOFING: Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1') (referred to as "regulatory floodway").
FLOODWAY FRINGE: That area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted.
FRAUD AND VICTIMIZATION: As related to sections 15.32.180 and 15.32.190 of this chapter, means that the variance granted must not cause fraud on or victimization of the public.
In examining this requirement, the city will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the city for fifty (50) to one hundred (100) years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the city as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.
FUNCTIONALLY DEPENDENT USE: A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water.
GOVERNING BODY: The city council of the city of Redlands that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.
HARDSHIP: As related to section 15.32.190 of this chapter, means the exceptional hardship that would result from a failure to grant a requested variance. The city council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means Redlands Regular Meeting of 10-21-25 133 of 1909
without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE: Any structure that is:
A. Listed individually in the national register of historic places (a listing maintained by the department of interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the national register; B. Certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district; C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the secretary of the interior; or D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the secretary of the interior or directly by the secretary of the interior in states without approved programs.
LEVEE: A manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM: A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.
LOWEST FLOOR: The lowest floor of the lowest enclosed area, including basement (see definition of Basement), for:
A. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable nonelevation design requirements, but not limited to:
1. The wet floodproofing standard in subsection 15.32.110C of this chapter;
2. The anchoring standards in subsection 15.32.110A of this chapter;
3. The construction materials and methods standards in subsection
15.32.110B of this chapter; and
4. The standards for utilities in section 15.32.120 of this chapter.
B. Residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see definition of Basement). This prohibition includes below grade garages and storage areas.
Redlands Regular Meeting of 10-21-25 134 of 1909
MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
MARKET VALUE: The cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimation guide recognized by the building construction industry.
The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimation guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by written explanation of the differences.
MEAN SEA LEVEL: For purposes of the national flood insurance program, the national geodetic vertical datum (NGVD) of 1929 or other datum, to which base flood elevation shown on a community's flood insurance rate map are referenced.
MINIMUM NECESSARY: To afford relief with a minimum of deviation from the requirements of this chapter.
MUDSLIDE (MUDFLOW) PRONE AREA: An area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.
NEW CONSTRUCTION: For floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this city.
OBSTRUCTION: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill structure, vegetation or other material in, along, across or projection into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
Redlands Regular Meeting of 10-21-25 135 of 1909
PUBLIC SAFETY AND NUISANCE: As related to section 15.32.190 of this chapter, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake or river, bay, stream, canal, or basin.
RECREATIONAL VEHICLE: A vehicle which is:
A. Built on a single chassis;
B. Four hundred (400) square feet or less when measured at the largest horizontal projection;
C. Designed to be self-propelled or permanently towable by a light duty truck; and D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1'). Channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
REMEDY A VIOLATION: To bring a structure or other development into compliance with state and local floodplain management regulations, or, if that is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.
RIVERINE: Relating to, formed by, or resembling a river (including tributaries), stream or brook.
SPECIAL FLOOD HAZARD AREA (SFHA): An area in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year and is shown on an FHBM or FIRM as zone A, AO, A1-30, AE, A99, or AH.
START OF CONSTRUCTION: Includes substantial improvement, and other proposed new development and means the date the building permit was issued; provided, the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of manufactured home on a foundation. "Permanent construction" does not include land preparation, such as clearing, grading and filling, the installation of streets and/or walkways; nor does it include the excavation of basements, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first Redlands Regular Meeting of 10-21-25 136 of 1909
alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE: A walled and roofed building that is principally above ground; including a gas or liquid storage tank or a manufactured home.
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
A. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
B. Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
VARIANCE: A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
VIOLATION: The failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certification, or other evidence of compliance required by this chapter is presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION: The height, in relation to the national geodetic vertical datum (NGVD) of 1929 (or the datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
WATERCOURSE: A lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.” SECTION 2. Section 15.32.040 of Chapter 15.32 of the Redlands Municipal Code, entitled “Establishing the Areas of Special Flood Hazard,” is hereby amended to read as follows:
“15.32.040: ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD:
The areas of special flood hazard identified by the federal insurance administration (FIA) of the federal emergency management agency (FEMA) in the flood insurance study (FIS) dated July 3, 1978, and the flood insurance rate map (FIRMs) and flood boundary and floodway maps (FBFMs), dated January 3, 1979, “Flood Insurance Study (FIS) for San Bernardino County, California and Incorporated Areas” dated January 17, 1997, with accompanying flood insurance Redlands Regular Meeting of 10-21-25 137 of 1909
rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), dated January 3, 1979, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter. This flood insurance study (FIS) and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city council by the chief building official. The study, FIRMs and FBFMs are on file at 35 Cajon Street, Suite 20, department of building and safety.”
SECTION 3. Section 15.32.080 of Chapter 15.32 of the Redlands Municipal Code, entitled “Warning and Disclaimer of Liability,” is hereby amended to read as follows:
“15.32.080: WARNING AND DISCLAIMER OF LIABILITY:
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on occasions and flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards, or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any elected official, officer or employee thereof, the state of California, or the federal insurance administration, federal emergency management agency, for any flood damages that result from reliance on this chapter or any rule or regulation made pursuant to this chapter.
If any section, provision or portion of the ordinance is deemed unconstitutional or invalid by a court, the remainder of the ordinance shall be effective.” SECTION 4. Section 15.32.100 of Chapter 15.32 of the Redlands Municipal Code, entitled “Chief Building Official; Duties and Responsibilities,” is hereby amended to read as follows:
“15.32.100: CHIEF BUILDING OFFICIAL; DUTIES AND RESPONSIBILITIES:
The chief building official, as the designated floodplain administrator, shall administer, implement, and enforce this chapter by granting or denying development permits in accordance with its provisions and the chief building official duties and responsibilities shall include, but not be limited to:
A. Permit Review:
1. Review all development permits to determine that the permit requirements of this chapter have been satisfied;
2. Ensure that all other state and federal permits have been obtained;
3. Determine that the site is reasonably safe from flooding; and
4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of Redlands Regular Meeting of 10-21-25 138 of 1909
the base flood more than one foot (1') at any point.
The proposed development within zones A1-30 and AE without a designated floodway does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated.
For purposes of this chapter, “adversely affects” means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot (1’) at any point.
B. Review, Use And Development Of Other Base Flood Data:
1. When base flood elevation data has not been provided in accordance with section 15.32.040 of this chapter, the chief building official shall obtain, review and utilize any base flood elevation and floodway data available from a federal, state or other sources, or if no base flood elevation data is available from a federal or state agency or other source, in order to administer section 15.32.110 of this chapter. Any such information shall be submitted to the city for adoption; or
2. If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of the two (2) methods from the FEMA publication "Managing Floodplain Development In Approximate Zone A Areas-A Guide Of Obtaining And Developing Base (100-Year) Flood Elevations" dated July 1995, in order to administer section 15.32.110 of this chapter.
a. Simplified method:
(1) 100-year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. geological survey publication, or the discharge-drainage area method; and (2) Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or
b. Detail method:
(1) 100-year or base flood discharge shall be obtained using the U.S. army corps of engineers' HEC-HMS computer program; and (2) Base flood elevation shall be obtained using the U.S. army corps of engineers' HEC-RAS computer program.
C. Notification Of Other Agencies:
1. In alteration or relocation of a watercourse:
a. Notify adjacent communities and the California department of water resources prior to alteration or relocation;
b. Submit evidence of such notification to the FEMA; and Redlands Regular Meeting of 10-21-25 139 of 1909
c. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.
2. Base Flood Elevation Changes Due To Physical Alterations:
a. Within six (6) months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR).
b. All LOMR’s for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on Conditional Letters of Map Revision (CLOMR’s). Approved CLOMR’s allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition.
Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.
3. Changes In Corporate Boundaries:
a. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.
D. Documentation Of Floodplain Development: Obtain and maintain for public inspection and make available as needed the following:
1. Certification required by sections 15.32.110 and 15.32.140 of this chapter (lowest floor elevations);
2. Certification required by subsection 15.32.110C4 of this chapter (elevation or floodproofing of nonresidential structures);
3. Certification of elevation required by subsection 15.32.110C5 of this chapter (wet floodproofing standards);
4. Certification of elevation required by section 15.32.130, "Subdivision Standards", of this chapter;
5. Certification required by section 15.32.160 of this chapter (floodway encroachments);
6. Reports required by section 15.32.170 of this chapter (mudflow standards).
E. Map Determinations: Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). Any person contesting the location of a boundary shall be given a reasonable opportunity to appeal the interpretation as provided in sections 15.32.180 and 15.32.190 of this chapter.
Redlands Regular Meeting of 10-21-25 140 of 1909
F. Remedial Action: Take action to remedy violations of this chapter.” SECTION 5. Section 15.32.110 of Chapter 15.32 of the Redlands Municipal Code, entitled “Construction Standards,” is hereby amended to read as follows:
“15.32.110: CONSTRUCTION STANDARDS:
In all areas of special flood hazards the following standards are required:
A. Anchoring:
1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
2. All manufactured homes shall meet the anchoring standards of section
15.32.140 of this chapter.
B. Construction Materials And Methods:
1. All new construction and substantial improvements shall be constructed with flood resistant materials and utility equipment resistant to flood damage;
2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage;
3. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and by elevating said equipment by at least one foot (1’) above the base flood elevation; and
4. If within zone AH or AO, adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
C. Elevation And Floodproofing:
1. Residential construction, new or substantial improvement of any structure in zone AE, AH, or A1-30 shall have the lowest floor, including basement, elevated two feet (2') above the base flood elevation. Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the chief building official to be properly elevated.
2. Residential construction, new or substantial improvement, of any structure in zone AO shall have the lowest floor, including basement, elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least two feet (2'), or elevated at least four feet (4') above the highest adjacent grade if no depth number is specified. Upon the completion of the structure, the elevation of the lowest floor including basement shall be Redlands Regular Meeting of 10-21-25 141 of 1909
certified by a registered professional engineer or surveyor, or by the chief building official to be properly elevated.
3. Residential construction, new or substantial improvement of any structure in zone A shall have the lowest floor, including basement, be elevated at least two feet (2') above the base flood elevation. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or by the chief building official to be properly elevated.
4. Nonresidential construction, new or substantial improvement, shall either be elevated in conformance with subsection C1 or C2 of this section or together with attendant utility and sanitary facilities be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water, have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, and be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the chief building official.
Nonresidential construction, new or substantial improvement, in AO zones shall either be elevated in conformance with subsection C1 or C2 of this section or together with attendant utility and sanitary facilities be floodproofed to at least two feet (2’) above the BFE so that below this level the structure is watertight with walls substantially impermeable to the passage of water, have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, and be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the chief building official.
5. All new construction and substantial improvements, that fully enclose areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement shall either be certified by a registered professional engineer or architect and must meet or exceed the following minimum criteria:
a. Have a minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot (1') above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters; or
b. Be certified by a registered professional engineer or architect.
6. Manufactured homes shall satisfy the standards in section 15.32.140 of this chapter.”
Redlands Regular Meeting of 10-21-25 142 of 1909
SECTION 6. Section 15.32.130 of Chapter 15.32 of the Redlands Municipal Code, entitled “Subdivision Standards,” is hereby amended to read as follows:
“15.32.130: SUBDIVISION STANDARDS:
A. All preliminary subdivision proposals greater than 50 lots or 5 acres shall identify the special flood hazard area and the elevation of the base flood.
B. All final subdivision plans shall provide the elevation of proposed structures and pads. If the site is filled above the base flood elevation, the lowest floor and pad elevation shall be certified by a registered professional engineer or surveyor and provided to the chief building official.
C. All subdivision proposals shall be consistent with the need to minimize flood damage.
D. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage by dry floodproofing and elevating equipment by at least one foot (1’) above the base flood elevation.
E. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.”
SECTION 7. Section 15.32.140 of Chapter 15.32 of the Redlands Municipal Code, entitled “Standards for Manufactured Homes,” is hereby amended to read as follows:
“15.32.140: STANDARDS FOR MANUFACTURED HOMES:
A. All manufactured homes that are placed or substantially improved within zones A1- 30, AH, and AE on the community's flood insurance rate map, on sites located: 1) outside of a manufactured home park or subdivision; 2) in a new manufactured home park or subdivision; 3) in an expansion to an existing manufactured home park or subdivision; 4) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to at least two feet (2') above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation collapse and lateral movement.
B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH, and AE on the community's flood insurance rate map that are not subject to the provisions of subsection A of this section will be fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and to be elevated so that either:
1. The lowest floor of the manufactured home is at least two feet (2') above the base flood elevation; or.
2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty six inches (36") in height above grade. Upon completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered Redlands Regular Meeting of 10-21-25 143 of 1909
professional engineer or surveyor, and verified by the city building inspector to be properly elevated. Such certification and verification shall be provided to the chief building official.”
SECTION 8. Section 15.32.160 of Chapter 15.32 of the Redlands Municipal Code, entitled “Floodways,” is hereby amended to read as follows:
“15.32.160: FLOODWAYS:
Located within areas of special flood hazard established in section 15.32.040 of this chapter are areas designated as regulatory floodways. Because the regulatory floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:
A. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in the base flood levels during the occurrence of the base flood discharge.
B. If the above is satisfied, all new construction, substantial improvements, and proposed development shall comply with all other applicable flood hazard reduction provisions of this chapter.”
SECTION 9. Environmental Determination. The City Council has reviewed the matter and, based upon the facts and information contained in the staff report, administrative record, and written and oral testimony, hereby finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) and 15378(b)(5) of the State CEQA Guidelines, in that it will not result in a direct or reasonably foreseeable indirect physical change on the environment nor have a significant impact on the environment.
SECTION 10. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 11. The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and shall cause it, or a summary of it, to be published once in a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect as provided by law.
Redlands Regular Meeting of 10-21-25 144 of 1909
________________________
Mario Saucedo, Mayor
ATTEST:
________________________
Jeanne Donaldson, City Clerk
I, Jeanne Donaldson, City Clerk, City of Redlands, hereby certify that the foregoingOrdinance was duly adopted by the City Council at the regular meeting thereof, held on the ______ day of _______________, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 10-21-25 145 of 1909
Redlands Regular Meeting of 10-21-25 146 of 1909
I:\cmo\Ordinances\2992-Flood Damage Prevention and Floodplain Management.docx-jl ORDINANCE NO. 2992
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING TITLE 15, CHAPTER 15.32, OF THE REDLANDS MUNICIPAL CODE RELATING TO FLOOD DAMAGE PREVENTION AND FLOODPLAIN MANAGEMENT.
WHEREAS, California Government Code sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry, and the City of Redlands has previously adopted floodplain management regulations; and
WHEREAS, on September 20, 2016, the City Council of the City of Redlands adopted Ordinance No. 2837 updating Title 15, Chapter 15.32 (Flood Damage Prevention), of the Redlands Municipal Code; and
WHEREAS, the City of Redlands desires to update Title 15, Chapter 15.32 (Flood Damage Prevention), of the Redlands Municipal Code to align with current applicable State and/or Federal guidance and regulations; and
WHEREAS, the National Flood Insurance Act of 1968 was enacted by title XIII of the Housing & Urban Development Act of 1968 (“Act”) to provide previously unavailable flood insurance protection to property owners in flood-prone areas. Under the Act and the regulations promulgated under the Act, specifically 44 CFR § 59.2, in order to qualify for the sale of federally-subsidized flood insurance, the City must adopt and submit to the Federal Insurance Administrator an ordinance adopting flood plain management regulations that satisfy the requirements of 44 CFR Part 60 and that are designed to reduce or avoid future flood, mudslide or flood-related erosion damages and include enforcement provisions; and WHEREAS, while the City of Redlands has adopted the most recent version of the California Building Code and has an ordinance for flood plain management regulations that previously satisfied the prerequisites for the National Flood Insurance Program or the regulations set forth at 44 CFR Part 60, amendments to the City’s ordinance are required to continue to satisfy the National Flood Insurance Program or the regulations set forth at 44 CFR Part 60; and WHEREAS, pursuant to 44 CFR § 59.24, a government entity that is otherwise eligible for the sale of federal flood insurance shall be subject to suspension from the National Flood Insurance Program for failing to submit copies of adequate flood plain management regulations meeting the minimum requirements of 4 CFR Part 60 and, WHEREAS, the City Council finds that the impending loss of community eligibility for discounted flood insurance under the National Flood Insurance Program poses a current and immediate threat to the public health, safety, and welfare presented by floods and related conditions during the upcoming rainy season(s). In the absence of this ordinance's effectiveness, the City would be unable to secure eligibility to purchase discounted federal flood insurance for affected community members, as well as to protect the public health, safety, and welfare from Redlands Regular Meeting of 10-21-25 147 of 1909
I:\cmo\Ordinances\2992-Flood Damage Prevention and Floodplain Management.docx-jl the potential adverse effects of lack of insurance coverage to recover from a flood or floodrelated disaster; and WHEREAS, on October 21, 2025, the City Council held a regular public meeting at which interested persons had an opportunity to testify in support of, or opposition to, Ordinance No. 2992; and
WHEREAS, after closing public comment and deliberating upon the matter, the City Council finds that approval of the proposed amendment to Title 15, Chapter 15.32 (Flood Damage Prevention), of the Redlands Municipal Code will be in the best interests of the public health, safety, and general welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 15.32.020 of Chapter 15.32 of the Redlands Municipal Code, entitled “Definitions,” is hereby amended to read as follows:
“15.32.020: DEFINITIONS:
The following words shall have the meanings ascribed to them:
ACCESSORY STRUCTURE: A structure that is accessory to and incidental to that of the dwelling(s) and that is located on the same structure.
ACCESSORY USE: A use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
ALLUVIAL FAN: A geomorphologic feature characterized by a cone or fan shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.
APEX: The point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.
APPEAL: A request for a review of the chief building official's interpretation of any provision of this chapter.
AREA OF SHALLOW FLOODING: A designated AO or AH zone on the flood insurance rate map (FIRM) where the base flood depths range from one to three feet (3'), a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate, and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
ATTENDANT UTILITIES AND EQUIPMENT: Utilities, mechanical. Electrical, fuel gas, plumbing, HVAC, and related equipment, as well as services associated with new construction and substantial improvements.
BASE FLOOD: A flood which has a one percent (1%) chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this chapter.
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I:\cmo\Ordinances\2992-Flood Damage Prevention and Floodplain Management.docx-jl BASE FLOOD ELEVATION (BFE): Elevation of flooding, including wave height, have a one percent (1%) chance of being equaled or exceeded in any given year.
BASEMENT: Any area of the building having its floor subgrade (below ground level) on all sides.
DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to, buildings, structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
DRY FLOODPROOFING: A combination of measures that results in a structure, including the attendant utilities and equipment, being watertight with all elements substantially impermeable and with structural components having the capacity to resist flood loads.
ENCROACHMENT: The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION:
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM): The official map on which the federal emergency management agency or federal insurance administration has delineated both the areas of special flood hazard and the floodway.
FLOOD, FLOODING, OR FLOODWATER:
A. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, the unusual and rapid accumulation or runoff of surface waters from any source, and/or mudslides (i.e., mudflows); and B. The condition resulting from flood related erosion.
FLOOD HAZARD BOUNDARY MAP: The official map on which the federal emergency management agency or federal insurance administration has delineated the areas of flood hazards.
FLOOD INSURANCE RATE MAP (FIRM): The official map on which the federal emergency management agency or federal insurance administration has delineated both the areas of special flood hazards and the risk of premium zones applicable to the community.
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I:\cmo\Ordinances\2992-Flood Damage Prevention and Floodplain Management.docx-jl FLOOD INSURANCE STUDY: The official report provided by the federal insurance administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map and the water surface elevation of the base flood.
FLOODPLAIN ADMINISTRATOR: The city's chief building official.
FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations and open space plans.
FLOODPLAIN MANAGEMENT REGULATIONS: This chapter, subdivision regulations, building codes, health regulations, ordinances (such as grading and erosion control) and other applications of police power regulations which control development in flood prone areas. This term describes federal, state or local regulations, in any combination thereof, which provide standards for preventing and reducing flood loss and damage.
FLOODPLAIN OR FLOOD PRONE AREA: Any land area susceptible to being inundated by water from any source (see definition of Flood, Flooding, Or Floodwater).
FLOODPROOFING: Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1').
FLOODWAY FRINGE: That area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted.
FRAUD AND VICTIMIZATION: As related to sections 15.32.180 and 15.32.190 of this chapter, means that the variance granted must not cause fraud on or victimization of the public.
In examining this requirement, the city will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the city for fifty (50) to one hundred (100) years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the city as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.
FUNCTIONALLY DEPENDENT USE: A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water.
GOVERNING BODY: The city council of the city of Redlands that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.
HARDSHIP: As related to section 15.32.190 of this chapter, means the exceptional hardship that would result from a failure to grant a requested variance. The city council requires that the Redlands Regular Meeting of 10-21-25 150 of 1909
I:\cmo\Ordinances\2992-Flood Damage Prevention and Floodplain Management.docx-jl variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE: Any structure that is:
A. Listed individually in the national register of historic places (a listing maintained by the department of interior) or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the national register; B. Certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district; C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the secretary of the interior; or D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the secretary of the interior or directly by the secretary of the interior in states without approved programs.
LEVEE: A manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM: A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.
LOWEST FLOOR: The lowest floor of the lowest enclosed area, including basement (see definition of Basement), for:
A. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable nonelevation design requirements, but not limited to:
1. The wet floodproofing standard in subsection 15.32.110C of this chapter;
2. The anchoring standards in subsection 15.32.110A of this chapter;
3. The construction materials and methods standards in subsection
15.32.110B of this chapter; and
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4. The standards for utilities in section 15.32.120 of this chapter.
B. Residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see definition of Basement). This prohibition includes below grade garages and storage areas.
MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
MARKET VALUE: The cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimation guide recognized by the building construction industry.
The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimation guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by written explanation of the differences.
MEAN SEA LEVEL: For purposes of the national flood insurance program, the national geodetic vertical datum (NGVD) of 1929 or other datum, to which base flood elevation shown on a community's flood insurance rate map are referenced.
MINIMUM NECESSARY: To afford relief with a minimum of deviation from the requirements of this chapter.
MUDSLIDE (MUDFLOW) PRONE AREA: An area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.
NEW CONSTRUCTION: For floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this city.
OBSTRUCTION: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, Redlands Regular Meeting of 10-21-25 152 of 1909
I:\cmo\Ordinances\2992-Flood Damage Prevention and Floodplain Management.docx-jl fill structure, vegetation or other material in, along, across or projection into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
PUBLIC SAFETY AND NUISANCE: As related to section 15.32.190 of this chapter, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake or river, bay, stream, canal, or basin.
RECREATIONAL VEHICLE: A vehicle which is:
A. Built on a single chassis;
B. Four hundred (400) square feet or less when measured at the largest horizontal projection;
C. Designed to be self-propelled or permanently towable by a light duty truck; and D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
REGULATORY FLOODWAY: Channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
REMEDY A VIOLATION: To bring a structure or other development into compliance with state and local floodplain management regulations, or, if that is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.
RIVERINE: Relating to, formed by, or resembling a river (including tributaries), stream or brook.
SPECIAL FLOOD HAZARD AREA (SFHA): An area in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year and is shown on an FHBM or FIRM as zone A, AO, A1-30, AE, A99, or AH.
START OF CONSTRUCTION: Includes substantial improvement, and other proposed new development and means the date the building permit was issued; provided, the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of manufactured home on a foundation. "Permanent construction" does not include land preparation, such as clearing, grading and filling, the installation of streets and/or walkways; nor does it include the excavation of basements, footings, piers or foundations Redlands Regular Meeting of 10-21-25 153 of 1909
I:\cmo\Ordinances\2992-Flood Damage Prevention and Floodplain Management.docx-jl or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE: A walled and roofed building that is principally above ground; including a gas or liquid storage tank or a manufactured home.
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
A. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
B. Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
VARIANCE: A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
VIOLATION: The failure of a structure or other development to be fully compliant with this chapter. A structure or other development without the elevation certificate, other certification, or other evidence of compliance required by this chapter is presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION: The height, in relation to the national geodetic vertical datum (NGVD) of 1929 (or the datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
WATERCOURSE: A lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.” SECTION 2. Section 15.32.040 of Chapter 15.32 of the Redlands Municipal Code, entitled “Establishing the Areas of Special Flood Hazard,” is hereby amended to read as follows:
“15.32.040: ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD:
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I:\cmo\Ordinances\2992-Flood Damage Prevention and Floodplain Management.docx-jl The areas of special flood hazard identified by the federal insurance administration (FIA) of the federal emergency management agency (FEMA) in the “Flood Insurance Study (FIS) for San Bernardino County, California and Incorporated Areas” dated January 17, 1997, with accompanying flood insurance rate maps (FIRMs) and flood boundary and floodway maps (FBFMs), dated January 3, 1979, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter. This flood insurance study (FIS) and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city council by the chief building official. The study, FIRMs and FBFMs are on file at 35 Cajon Street, Suite 20, department of building and safety.” SECTION 3. Section 15.32.080 of Chapter 15.32 of the Redlands Municipal Code, entitled “Warning and Disclaimer of Liability,” is hereby amended to read as follows:
“15.32.080: WARNING AND DISCLAIMER OF LIABILITY:
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on occasions and flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards, or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any elected official, officer or employee thereof, the state of California, or the federal insurance administration, federal emergency management agency, for any flood damages that result from reliance on this chapter or any rule or regulation made pursuant to this chapter.
If any section, provision or portion of the ordinance is deemed unconstitutional or invalid by a court, the remainder of the ordinance shall be effective.” SECTION 4. Section 15.32.100 of Chapter 15.32 of the Redlands Municipal Code, entitled “Chief Building Official; Duties and Responsibilities,” is hereby amended to read as follows:
“15.32.100: CHIEF BUILDING OFFICIAL; DUTIES AND RESPONSIBILITIES:
The chief building official, as the designated floodplain administrator, shall administer, implement, and enforce this chapter by granting or denying development permits in accordance with its provisions and the chief building official duties and responsibilities shall include, but not be limited to:
A. Permit Review:
1. Review all development permits to determine that the permit requirements of this chapter have been satisfied;
2. Ensure that all other state and federal permits have been obtained;
3. Determine that the site is reasonably safe from flooding; and Redlands Regular Meeting of 10-21-25 155 of 1909
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4. The proposed development within zones A1-30 and AE without a designated floodway does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated.
For purposes of this chapter, “adversely affects” means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot (1’) at any point.
B. Review, Use And Development Of Other Base Flood Data:
1. When base flood elevation data has not been provided in accordance with section 15.32.040 of this chapter, the chief building official shall obtain, review and utilize any base flood elevation and floodway data available from a federal, state or other sources, or if no base flood elevation data is available from a federal or state agency or other source, in order to administer section 15.32.110 of this chapter. Any such information shall be submitted to the city for adoption; or
2. If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of the two (2) methods from the FEMA publication "Managing Floodplain Development In Approximate Zone A Areas-A Guide Of Obtaining And Developing Base (100-Year) Flood Elevations" dated July 1995, in order to administer section 15.32.110 of this chapter.
a. Simplified method:
(1) 100-year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. geological survey publication, or the discharge-drainage area method; and (2) Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or
b. Detail method:
(1) 100-year or base flood discharge shall be obtained using the U.S. army corps of engineers' HEC-HMS computer program; and (2) Base flood elevation shall be obtained using the U.S. army corps of engineers' HEC-RAS computer program.
C. Notification Of Other Agencies:
1. In alteration or relocation of a watercourse:
a. Notify adjacent communities and the California department of water resources prior to alteration or relocation;
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I:\cmo\Ordinances\2992-Flood Damage Prevention and Floodplain Management.docx-jl b. Submit evidence of such notification to the FEMA; and c. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.
2. Base Flood Elevation Changes Due To Physical Alterations:
a. Within six (6) months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR).
b. All LOMR’s for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on Conditional Letters of Map Revision (CLOMR’s). Approved CLOMR’s allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition.
Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.
3. Changes In Corporate Boundaries:
a. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.
D. Documentation Of Floodplain Development: Obtain and maintain for public inspection and make available as needed the following:
1. Certification required by sections 15.32.110 and 15.32.140 of this chapter (lowest floor elevations);
2. Certification required by subsection 15.32.110C4 of this chapter (elevation or floodproofing of nonresidential structures);
3. Certification of elevation required by subsection 15.32.110C5 of this chapter (wet floodproofing standards);
4. Certification of elevation required by section 15.32.130, "Subdivision Standards", of this chapter;
5. Certification required by section 15.32.160 of this chapter (floodway encroachments);
6. Reports required by section 15.32.170 of this chapter (mudflow standards).
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I:\cmo\Ordinances\2992-Flood Damage Prevention and Floodplain Management.docx-jl E. Map Determinations: Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). Any person contesting the location of a boundary shall be given a reasonable opportunity to appeal the interpretation as provided in sections 15.32.180 and 15.32.190 of this chapter.
F. Remedial Action: Take action to remedy violations of this chapter.” SECTION 5. Section 15.32.110 of Chapter 15.32 of the Redlands Municipal Code, entitled “Construction Standards,” is hereby amended to read as follows:
“15.32.110: CONSTRUCTION STANDARDS:
In all areas of special flood hazards the following standards are required:
A. Anchoring:
1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
2. All manufactured homes shall meet the anchoring standards of section
15.32.140 of this chapter.
B. Construction Materials And Methods:
1. All new construction and substantial improvements shall be constructed with flood resistant materials and utility equipment resistant to flood damage;
2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage;
3. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding by elevating said equipment by at least one foot (1’) above the base flood elevation; and
4. If within zone AH or AO, adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
C. Elevation And Floodproofing:
1. Residential construction, new or substantial improvement of any structure in zone AE, AH, or A1-30 shall have the lowest floor, including basement, elevated two feet (2') above the base flood elevation. Upon the completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the chief building official to be properly elevated.
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2. Residential construction, new or substantial improvement, of any structure in zone AO shall have the lowest floor, including basement, elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least two feet (2'), or elevated at least four feet (4') above the highest adjacent grade if no depth number is specified. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or by the chief building official to be properly elevated.
3. Residential construction, new or substantial improvement of any structure in zone A shall have the lowest floor, including basement, be elevated at least two feet (2') above the base flood elevation. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or by the chief building official to be properly elevated.
4. Nonresidential construction, new or substantial improvement, in AO zones shall either be elevated in conformance with subsection C1 or C2 of this section or together with attendant utility and sanitary facilities be floodproofed to at least two feet (2’) above the BFE so that below this level the structure is watertight with walls substantially impermeable to the passage of water, have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, and be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the chief building official.
5. All new construction and substantial improvements, that fully enclose areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement shall either be certified by a registered professional engineer or architect and must meet or exceed the following minimum criteria:
a. Have a minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot (1') above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters; or
b. Be certified by a registered professional engineer or architect.
6. Manufactured homes shall satisfy the standards in section 15.32.140 of this chapter.”
SECTION 6. Section 15.32.130 of Chapter 15.32 of the Redlands Municipal Code, entitled “Subdivision Standards,” is hereby amended to read as follows:
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I:\cmo\Ordinances\2992-Flood Damage Prevention and Floodplain Management.docx-jl “15.32.130: SUBDIVISION STANDARDS:
A. All preliminary subdivision proposals greater than 50 lots or 5 acres shall identify the special flood hazard area and the elevation of the base flood.
B. All final subdivision plans shall provide the elevation of proposed structures and pads. If the site is filled above the base flood elevation, the lowest floor and pad elevation shall be certified by a registered professional engineer or surveyor and provided to the chief building official.
C. All subdivision proposals shall be consistent with the need to minimize flood damage.
D. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage by dry floodproofing and elevating equipment by at least one foot (1’) above the base flood elevation.
E. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.”
SECTION 7. Section 15.32.140 of Chapter 15.32 of the Redlands Municipal Code, entitled “Standards for Manufactured Homes,” is hereby amended to read as follows:
“15.32.140: STANDARDS FOR MANUFACTURED HOMES:
A. All manufactured homes that are placed or substantially improved within zones A1- 30, AH, and AE on the community's flood insurance rate map, on sites located: 1) outside of a manufactured home park or subdivision; 2) in a new manufactured home park or subdivision; 3) in an expansion to an existing manufactured home park or subdivision; 4) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to at least two feet (2') above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation collapse and lateral movement.
B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH, and AE on the community's flood insurance rate map that are not subject to the provisions of subsection A of this section will be fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and to be elevated so that either:
1. The lowest floor of the manufactured home is at least two feet (2') above the base flood elevation.”
SECTION 8. Section 15.32.160 of Chapter 15.32 of the Redlands Municipal Code, entitled “Floodways,” is hereby amended to read as follows:
“15.32.160: FLOODWAYS:
Located within areas of special flood hazard established in section 15.32.040 of this chapter are areas designated as regulatory floodways. Because the regulatory floodway is an Redlands Regular Meeting of 10-21-25 160 of 1909
I:\cmo\Ordinances\2992-Flood Damage Prevention and Floodplain Management.docx-jl extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions shall apply:
A. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in the base flood levels during the occurrence of the base flood discharge.
B. If the above is satisfied, all new construction, substantial improvements, and proposed development shall comply with all other applicable flood hazard reduction provisions of this chapter.”
SECTION 9. Environmental Determination. The City Council has reviewed the matter and, based upon the facts and information contained in the staff report, administrative record, and written and oral testimony, hereby finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15061(b)(3) and 15378(b)(5) of the State CEQA Guidelines, in that it will not result in a direct or reasonably foreseeable indirect physical change on the environment nor have a significant impact on the environment.
SECTION 10. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 11. The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and shall cause it, or a summary of it, to be published once in a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect as provided by law.
________________________
Mario Saucedo, Mayor
ATTEST:
________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 10-21-25 161 of 1909
I:\cmo\Ordinances\2992-Flood Damage Prevention and Floodplain Management.docx-jl I, Jeanne Donaldson, City Clerk, City of Redlands, hereby certify that the foregoingOrdinance was duly adopted by the City Council at the regular meeting thereof, held on the ______ day of _______________, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 10-21-25 162 of 1909
City Council Meeting J. 2.
DATE: 10/21/2025
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of the adoption of Ordinance No. 2990 - Authorizing an amendment to the contract between the City Council of Redlands and the Board of Administration of the California Public Employees' Retirement System (Human Resources/Risk
Management Director Meteau)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:
I move to adopt Ordinance No. 2990.
RECOMMENDATION:
It is recommended the City Council consider adoption of Ordinance No. 2990, authorizing an amendment to the contract between the City Council of Redlands and the Board of Administration of the California Public Employees' Retirement System (CalPERS).
DISCUSSION:
The proposed ordinance and staff report prepared for the introduction of this ordinance is available in the City Clerk's office.
ALTERNATIVES:
The City Council may choose to take no action. However, this would result in no changes to the City's contract with CalPERS, and would not consider the recommendation provided directly by CalPERS.
Redlands Regular Meeting of 10-21-25 163 of 1909
STRATEGIC PLAN:
Not Applicable
SUBMITTED BY:
Jeanne Donaldson, City Clerk
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:
Altheresa Rothschild, Assistant City Clerk
Fiscal Impact
Discussion:
Codification: $22/per page affected by the change
Legal Publication: $290
Attachments
Ordinance No. 2990 Amendment to CalPERS Contract
Exhibit A - Contract Amendment
Redlands Regular Meeting of 10-21-25 164 of 1909
2990 Authorizing an amendment to the contract with CalPERS.docx-ms 1 ORDINANCE NO. 2990
AN ORDINANCE OF THE CITY OF REDLANDS AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE
CITY OF REDLANDS AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
WHEREAS, it is the desire of the City Council of the City of Redlands to amend its contract with the Board of Administration of the California Public Employees’ Retirement System (CalPERS) to remove language within its contract that excludes hourly employees from CalPERS membership; and
WHEREAS, at its regular meeting of September 16, 2025, the City Council of the City of Redlands adopted a Resolution of Intention to initiate the contract amendment process with the Board of Administration of the California Public Employees’ Retirement System for the above stated purpose;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS:
Section 1. That an amendment to the contract between the City Council of the City of Redlands and the Board of Administration of the California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit “A,” and by such reference made a part hereof as though herein set out in full.
Section 2. The Mayor of the City of Redlands is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said agency.
Section 3. This ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of fourteen (14) days from the passage thereof shall be published at least once in the Redlands Daily Facts, a newspaper of general circulation, published and circulated in the City of Redlands and thenceforth and thereafter the same shall be in full force and effect.
Mario Saucedo, Mayor
ATTEST:
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 10-21-25 165 of 1909
2990 Authorizing an amendment to the contract with CalPERS.docx-ms 2 I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular meeting thereof held on the 21st day of October, 2025.
AYES:
NOES:
ABSTAIN:
ABSENT:
Jeanne Donaldson, City Clerk
Redlands Regular Meeting of 10-21-25 166 of 1909
Redlands Regular Meeting of 10-21-25 167 of 1909
Redlands Regular Meeting of 10-21-25 168 of 1909
Redlands Regular Meeting of 10-21-25 169 of 1909
Redlands Regular Meeting of 10-21-25 170 of 1909
Redlands Regular Meeting of 10-21-25 171 of 1909
City Council Meeting J. 3.
DATE: 10/21/2025
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a Public Works Construction Contract with Demo Leaders, Inc. for the WWTP Hillside Stabilization Project for an amount not-to-exceed $299,828.44, 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 (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 that approval of a Public Works Construction Contract with Demo Leaders, Inc. for the WWTP Hillside Stabilization Project is categorically exempt from environmental review pursuant to Section 15301 of the State's guidelines implementing the California Environmental Quality Act; and
1. I move that the City Council approve the WWTP Hillside Stabilization Project plans and specifications, and award a Public Works Construction Contract to Demo Leaders, Inc. for an amount not-to-exceed $299,828.44.
2. RECOMMENDATION:
Staff recommends City Council determine approval of a Public Works Construction Contract with Demo Leaders, Inc. for the WWTP Hillside Stabilization and Stairway Improvements Project is categorically exempt from environmental review pursuant to Section 15301 of the State's guidelines implementing the California Environmental Quality Act. Staff further recommends City Council approval of the WWTP Hillside Stabilization and Stairway Improvements Project plans and specifications, and award a Public Works Construction Contract to Demo Leaders, Inc. for an amount Redlands Regular Meeting of 10-21-25 172 of 1909
not-to-exceed $299,828.44.
DISCUSSION:
The City of Redlands’ Wastewater Treatment Plant (WWTP) includes hillside and slope areas that have experienced progressive erosion, creating sediment runoff issues and impacting access routes for operational personnel. To address these concerns, the City tasked our on-call engineering service consultant, Hicks and Hartwick, to assess site conditions, develop conceptual alternatives, and deliver the final design, plans, and specifications for slope stabilization and access improvements.
The proposed improvements consist of constructing retaining walls of varying heights, v-ditch, v-drains, u-ditch, grate inlets, a concrete block slough wall, and a reinforced concrete stairway. Landscaping and irrigation will be incorporated to improve slope stability, control erosion, and integrate the improvements into the surrounding environment. This project will provide long-term slope stability, protect nearby infrastructure, and improve access for wastewater personnel. The improvements are consistent with industry standards and will reduce future maintenance while enhancing the overall functionality and aesthetics of the WWTP site.
In July 2025, the City's consultant finalized the plans and specifications, and MUED staff advertised the project for construction. On August 28, 2025, the City Clerk's office received and opened the following twelve (12) bids:
BID OPENING REPORT SUMMARY
BIDDER BID AMOUNT
1. Demo Leaders, Inc., Woodland Hills, CA *$299,828.44
2. R&J Construction LLC., Mentone, CA *$401,004.00
3. Inland Highway Services Corp., Upland, CA $496,490.00
4. Leonida Builders, Inc., Acton, CA $553,627.00
5. Seed Landcare, Inc., Los Angeles, CA $572,414.00
6. Tryco General Engineering, Rimforest, CA $610,280.00
7. H L Hitchcock Construction, Inc., Rancho Cucamonga, CA *$659,232.00
8. Jergensen Concrete, Inc., Phelan, CA **$753,489.90
9. Narrow Path Engineering, Inc., Beaumont, CA **$758,184.50
10. Wright Construction Engineering Corp, San Marcos, CA $761,315.00
11. Spec Construction Co., Inc., Ontario, CA *$817,692.00
12. Gentry General Engineering, Inc., Colton, CA $896,169.50 *An arithmetic error was discovered in the bid proposal. The total bid amount was corrected and Redlands Regular Meeting of 10-21-25 173 of 1909
*An arithmetic error was discovered in the bid proposal. The total bid amount was corrected and highlighted in the attached bid analysis, but it did not affect the ranking. **An arithmetic error was discovered in the bid proposal. The total bid amount was corrected and highlighted in the attached bid, which affected the ranking.
MUED staff reviewed each bid and determined that Demo Leaders, Inc. is the lowest responsive and responsible bidder. Therefore, staff recommends City Council approval of a Public Works Construction Contract with Demo Leaders, Inc. for an amount not-to-exceed $299,828.44. If approved, it is anticipated that the project will be completed within sixty (60) working days after a Notice to Proceed is issued.
This project is categorically exempt from environmental review pursuant to Section 15301 of the State's guidelines implementing the California Environmental Quality Act (CEQA) as the project involves negligible or no expansion of capacity.
ALTERNATIVES:
City Council may reject the staff recommendation and provide alternate direction.
STRATEGIC PLAN:
N/A
SUBMITTED BY:
John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Goutam K. Dobey, City Engineer
PREPARED BY:
Gerard Nepomuceno, Civil Engineer
Redlands Regular Meeting of 10-21-25 174 of 1909
Fiscal Impact
Fiscal Year: FY 25/26
Appropriation Required Y/N: No
Budgeted Y/N: Yes
Account No.: 521910
Discussion:
There is no fiscal impact associated with this action. The cost for this project is included in the FY 25/26 MUED Budget.
Attachments
A. Demo Leaders Public Works Contract
B. Bid Opening Report
C. Bid Analysis
D. Site Map
Project Plans
Project Specifications
Redlands Regular Meeting of 10-21-25 175 of 1909
I:\cmo\Agreements\Demo Leaders, Inc-FY2526-057.doc-jl
PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract (“Contract”) is made and entered into this 21st day of October, 2025, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter “City”), and Demo Leaders, Inc., a California corporation (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”
In consideration of the mutual promises contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: WWTP Hillside Stabilization and Stairway Improvements Project, Project No. 521038, complete all items as required by the Contract Documents (as herein defined) and Specifications for City’s WWTP Hillside Stabilization and Stairway Improvements Project, Project No. 521038 (the “Work”).
2. CONTRACT SUM: City shall pay Contractor the sum of two hundred ninety-nine thousand eight hundred twenty-eight dollars and forty-four cents dollars ($299,828.44) 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 in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of five hundred dollars ($500) for each working day as defined in Section 1-2 of the Standard Specifications for Public Works Construction “Greenbook” in excess of the specified time for completion of the Work. Execution of this Contract shall constitute agreement by City and Contractor that five hundred dollars ($500) per day is the estimated damage to City caused by the failure of Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs.
5. CONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice Inviting Bids, Instructions to Bidders, Contractor’s Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively, the “Contract Documents”).
6. ATTORNEYS' FEES: In the event any action is commenced to enforce or interpret the terms or conditions of this Contract, or the Contract Documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys’ fees, including fees for use of in-house counsel by a Party.
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 10-21-25 176 of 1909
I:\cmo\Agreements\Demo Leaders, Inc-FY2526-057.doc-jl
Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor.
8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project.
9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound.
10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents.
11. SEVERABILITY: Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor.
Redlands Regular Meeting of 10-21-25 177 of 1909
I:\cmo\Agreements\Demo Leaders, Inc-FY2526-057.doc-jl
IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above.
CITY OF REDLANDS
(SEAL)
By:____________________________________
Mario Saucedo, Mayor
ATTEST:
____________________________________
Jeanne Donaldson, City Clerk
(SEAL)
___Demo Leaders, Inc.___________________________
Name of Contractor
By:_______________________________________
Signature of Authorized Agent
___Yanir Ruham, CEO___________________________
Title
__________________________________________
Signature of Authorized Agent (if necessary)
__________________________________________
Title
__________________________________________
Contractor's License No.
Redlands Regular Meeting of 10-21-25 178 of 1909
I:\cmo\Agreements\Demo Leaders, Inc-FY2526-057.doc-jl
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities and Engineering Department
WWTP Hillside Stabilization and Stairway
Improvements Project
Project No. 521038
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
a. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. b. By securing from the Director of Industrial Relations, a certificate of consent to selfinsure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.
CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).
_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers’ compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.
Dated this day of , 2025.
__Demo Leaders, Inc.___________________
(Contractor)
_____________________________________
(Signature)
__ Yanir Ruham, CEO _________________
(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 10-21-25 179 of 1909
I:\cmo\Agreements\Demo Leaders, Inc-FY2526-057.doc-jl
FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands (“City”), State of California, and Demo Leaders, Inc. (hereinafter designated as "Principal") have entered into an agreement dated October 21, 2025 (“Agreement”) whereby Principal agrees to install and complete certain public improvements (the “Work”), which said Agreement is identified as WWTP Hillside Stabilization and Stairway Improvements Project, Project No. 521038 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 two hundred ninety nine thousand eight hundred twenty eight dollars and forty four cents dollars ($299,828.44) 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 10-21-25 180 of 1909
I:\cmo\Agreements\Demo Leaders, Inc-FY2526-057.doc-jl
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 , 2025.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:___________________________________
__________________________________________
(Seal and Notarial Acknowledgment of
Surety)
Telephone ( )___________________________
Redlands Regular Meeting of 10-21-25 181 of 1909
I:\cmo\Agreements\Demo Leaders, Inc-FY2526-057.doc-jl
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and Demo Leaders, Inc. (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 October 21, 2025, and identified as WWTP Hillside Stabilization and Stairway Improvements Project, Project No. 521038 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 two hundred ninety nine thousand eight hundred twenty eight dollars and forty four cents dollars ($299,828.44) 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 _______________________, 2025.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:_____________________________
(Seal and Notarial Acknowledgement of Surety) ____________________________________ Telephone: ( )___________________
Redlands Regular Meeting of 10-21-25 182 of 1909
Redlands Regular Meeting of 10-21-25 183 of 1909
ATTACHMENT "C"
PROJECT NO. 521038 BID DATE: 28-Aug-2025
WWTP Hillside Stabilization and Stairway Improvements Project EST. START DATE: 27-Oct-2025 Unit Price Item Price Unit Price Item Price Unit Price Item Price 1 Mobilization (Maximum 5% of total bid price) 1 LS $14,280.50 $14,280.50 $15,000.00 $15,000.00 $15,000.00 $15,000.00 2 SWPPP 1 LS $3,900.00 $3,900.00 $1,000.00 $1,000.00 $4,000.00 $4,000.00 3 Construction Staking 1 LS $5,200.00 $5,200.00 $3,000.00 $3,000.00 $20,000.00 $20,000.00 4 Retaining Wall (gray precision block) 352 LF $152.10 $53,539.20 $314.00 $110,528.00 $100.00 $35,200.00 5 Concrete Block Slough Wall 178 LF $132.63 $23,608.14 $120.00 $21,360.00 $80.00 $14,240.00 6 Reinforced Concrete Stairway 733 SF $70.20 $51,456.60 $62.00 $45,446.00 $40.00 $29,320.00 7 Metal Hand Railings 231 LF $110.50 $25,525.50 $60.00 $13,860.00 $30.00 $6,930.00 8 V-Ditch 336 LF $81.90 $27,518.40 $85.00 $28,560.00 $50.00 $16,800.00 9 U-Channel 25 LF $92.30 $2,307.50 $155.00 $3,875.00 $100.00 $2,500.00 10 Grate Inlets 8 EA $1,105.00 $8,840.00 $300.00 $2,400.00 $1,500.00 $12,000.00 11 Stairway Lights (Solar) 4 EA $1,560.00 $6,240.00 $4,000.00 $16,000.00 $12,500.00 $50,000.00 12 Landscape & Irrigation 1 LS $15,600.00 $15,600.00 $86,000.00 $86,000.00 $170,000.00 $170,000.00 13 Construct 4" thick Concrete Slab 83 SF $41.60 $3,452.80 $100.00 $8,300.00 $50.00 $4,150.00 14 Construct V-Drain 55 LF $95.26 $5,239.30 $85.00 $4,675.00 $80.00 $4,400.00 15 Remove and Dispose of Existing V-Drain 65 LF $41.60 $2,704.00 $100.00 $6,500.00 $30.00 $1,950.00 16 Construct Retaining Wall Utility Opening 5 EA $780.00 $3,900.00 $500.00 $2,500.00 $4,000.00 $20,000.00 17 Earthwork and/or Export Material 300 CY $32.50 $9,750.00 $0.00 $100.00 $30,000.00 18 Unforeseen Work 1 LS $30,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 19 Demobilization 1 LS $6,766.50 $6,766.50 $2,000.00 $2,000.00 $30,000.00 $30,000.00 Last Minute Additions/Deductions $0.00 $0.00 $0.00
Total Bid Price
License Status
Sub's License Status
Bid Bond Company
Submitted Entire Bid Package
Submitted Sub's Qualification Statement
DIR Status
Error in Bid
Multiplication error in bid
item 5 and 14. Total is
corrected per item unit price
Multiplication error in bid
item 6,14, and 17. Total is
corrected per item unit price
$299,828.44 $496,490.00
Yes Yes
Active
Active
Merchants National Bonding, Inc.
Active
Active
American Contractors Undemnity Co.
$401,004.00
CITY OF REDLANDS
MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT
BID ANALYSIS
Item
No.
Inland Highway
Bid Item Quantity Unit Services Corp. Demo Leaders, Inc. RJ Construction No
Yes Yes
Active Active
Yes
Active
Yes
Active
N/A
Old Republic Surety Company
Yes
N/A
Low Bidders #1, #2 and #3
Sheet 1 of 4
Redlands Regular Meeting of 10-21-25 184 of 1909
ATTACHMENT "C"
PROJECT NO. 521038 BID DATE: 28-Aug-2025
WWTP Hillside Stabilization and Stairway Improvements Project EST. START DATE: 27-Oct-2025 Unit Price Item Price Unit Price Item Price Unit Price Item Price 1 Mobilization (Maximum 5% of total bid price) 1 LS $27,000.00 $27,000.00 $28,700.00 $28,700.00 $25,000.00 $25,000.00 2 SWPPP 1 LS $14,000.00 $14,000.00 $11,514.00 $11,514.00 $14,000.00 $14,000.00 3 Construction Staking 1 LS $10,000.00 $10,000.00 $7,260.00 $7,260.00 $14,000.00 $14,000.00 4 Retaining Wall (gray precision block) 352 LF $350.00 $123,200.00 $428.00 $150,656.00 $340.00 $119,680.00 5 Concrete Block Slough Wall 178 LF $250.00 $44,500.00 $140.00 $24,920.00 $400.00 $71,200.00 6 Reinforced Concrete Stairway 733 SF $100.00 $73,300.00 $87.00 $63,771.00 $84.00 $61,572.00 7 Metal Hand Railings 231 LF $90.00 $20,790.00 $208.00 $48,048.00 $180.00 $41,580.00 8 V-Ditch 336 LF $50.00 $16,800.00 $92.00 $30,912.00 $113.00 $37,968.00 9 U-Channel 25 LF $80.00 $2,000.00 $317.00 $7,925.00 $300.00 $7,500.00 10 Grate Inlets 8 EA $1,000.00 $8,000.00 $921.00 $7,368.00 $600.00 $4,800.00 11 Stairway Lights (Solar) 4 EA $10,000.00 $40,000.00 $9,912.00 $39,648.00 $8,000.00 $32,000.00 12 Landscape & Irrigation 1 LS $85,000.00 $85,000.00 $81,111.00 $81,111.00 $102,000.00 $102,000.00 13 Construct 4" thick Concrete Slab 83 SF $14.00 $1,162.00 $42.00 $3,486.00 $100.00 $8,300.00 14 Construct V-Drain 55 LF $80.00 $4,400.00 $97.00 $5,335.00 $200.00 $11,000.00 15 Remove and Dispose of Existing V-Drain 65 LF $15.00 $975.00 $44.00 $2,860.00 $112.00 $7,280.00 16 Construct Retaining Wall Utility Opening 5 EA $500.00 $2,500.00 $988.00 $4,940.00 $200.00 $1,000.00 17 Earthwork and/or Export Material 300 CY $100.00 $30,000.00 $68.00 $20,400.00 $58.00 $17,400.00 18 Unforeseen Work 1 LS $30,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 19 Demobilization 1 LS $20,000.00 $20,000.00 $3,560.00 $3,560.00 $4,000.00 $4,000.00 Last Minute Additions/Deductions $0.00 $0.00 $0.00
Total Bid Price
CITY OF REDLANDS
MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT
BID ANALYSIS
Item
No. Bid Item Quantity Unit Leonida Builders, Inc. Seed Landcare, Inc. Tryco General Engineering
$553,627.00 $572,414.00 $610,280.00
Bidders #4, #5 and #6
Sheet 2 of 4
Redlands Regular Meeting of 10-21-25 185 of 1909
ATTACHMENT "C"
PROJECT NO. 521038 BID DATE: 28-Aug-2025
WWTP Hillside Stabilization and Stairway Improvements Project EST. START DATE: 27-Oct-2025 Unit Price Item Price Unit Price Item Price Unit Price Item Price 1 Mobilization (Maximum 5% of total bid price) 1 LS $18,750.00 $18,750.00 $38,000.00 $38,000.00 $13,800.00 $13,800.00 2 SWPPP 1 LS $6,500.00 $6,500.00 $12,000.00 $12,000.00 $8,050.00 $8,050.00 3 Construction Staking 1 LS $15,000.00 $15,000.00 $12,000.00 $12,000.00 $17,250.00 $17,250.00 4 Retaining Wall (gray precision block) 352 LF $468.00 $164,736.00 $530.00 $186,560.00 $625.05 $220,017.60 5 Concrete Block Slough Wall 178 LF $357.00 $63,546.00 $235.00 $41,830.00 $486.45 $86,588.10 6 Reinforced Concrete Stairway 733 SF $85.00 $62,305.00 $150.00 $109,950.00 $51.75 $37,932.75 7 Metal Hand Railings 231 LF $285.00 $65,835.00 $240.00 $55,440.00 $280.60 $64,818.60 8 V-Ditch 336 LF $95.00 $31,920.00 $60.00 $20,160.00 $46.00 $15,456.00 9 U-Channel 25 LF $65.00 $1,625.00 $400.00 $10,000.00 $51.75 $1,293.75 10 Grate Inlets 8 EA $850.00 $6,800.00 $2,000.00 $16,000.00 $1,840.00 $14,720.00 11 Stairway Lights (Solar) 4 EA $9,212.50 $36,850.00 $9,000.00 $36,000.00 $12,535.00 $50,140.00 12 Landscape & Irrigation 1 LS $110,000.00 $110,000.00 $100,000.00 $100,000.00 $126,500.00 $126,500.00 13 Construct 4" thick Concrete Slab 83 SF $45.00 $3,735.00 $100.00 $8,300.00 $20.70 $1,718.10 14 Construct V-Drain 55 LF $85.00 $4,675.00 $170.00 $9,350.00 $86.25 $4,743.75 15 Remove and Dispose of Existing V-Drain 65 LF $157.00 $10,205.00 $65.00 $4,225.00 $63.25 $4,111.25 16 Construct Retaining Wall Utility Opening 5 EA $550.00 $2,750.00 $200.00 $1,000.00 $2,185.00 $10,925.00 17 Earthwork and/or Export Material 300 CY $55.00 $16,500.00 $220.00 $66,000.00 $115.00 $34,500.00 18 Unforeseen Work 1 LS $30,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 19 Demobilization 1 LS $7,500.00 $7,500.00 $4,500.00 $4,500.00 $10,925.00 $10,925.00 Last Minute Additions/Deductions $0.00 $0.00 $0.00
Total Bid Price
CITY OF REDLANDS
MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT
BID ANALYSIS
Item
No. Bid Item Quantity Unit
HL Hitchcock
Construction, Inc.
Wright Construction
Engineering Corp.
Multiplication error in bid
item 7. Total is corrected per
item unit price
Multiplication error in bid
item 4. Total is corrected per
item unit price
Jergensen Concrete,
Inc.
$659,232.00 $761,315.00 $753,489.90
Bidders #7, #8 and #9
Sheet 3 of 4
Redlands Regular Meeting of 10-21-25 186 of 1909
ATTACHMENT "C"
PROJECT NO. 521038 BID DATE: 28-Aug-2025
WWTP Hillside Stabilization and Stairway Improvements Project EST. START DATE: 27-Oct-2025 Unit Price Item Price Unit Price Item Price Unit Price Item Price 1 Mobilization (Maximum 5% of total bid price) 1 LS $34,300.00 $34,300.00 $38,818.00 $38,818.00 $7,500.00 $7,500.00 2 SWPPP 1 LS $3,000.00 $3,000.00 $25,000.00 $25,000.00 $13,100.00 $13,100.00 3 Construction Staking 1 LS $17,000.00 $17,000.00 $18,000.00 $18,000.00 $21,700.00 $21,700.00 4 Retaining Wall (gray precision block) 352 LF $855.00 $300,960.00 $325.00 $114,400.00 $651.00 $229,152.00 5 Concrete Block Slough Wall 178 LF $200.00 $35,600.00 $145.00 $25,810.00 $325.00 $57,850.00 6 Reinforced Concrete Stairway 733 SF $55.00 $40,315.00 $67.00 $49,111.00 $85.00 $62,305.00 7 Metal Hand Railings 231 LF $87.00 $20,097.00 $225.00 $51,975.00 $273.00 $63,063.00 8 V-Ditch 336 LF $123.00 $41,328.00 $200.00 $67,200.00 $56.00 $18,816.00 9 U-Channel 25 LF $144.00 $3,600.00 $100.00 $2,500.00 $201.00 $5,025.00 10 Grate Inlets 8 EA $1,500.00 $12,000.00 $1,000.00 $8,000.00 $2,200.00 $17,600.00 11 Stairway Lights (Solar) 4 EA $12,000.00 $48,000.00 $13,700.00 $54,800.00 $14,950.00 $59,800.00 12 Landscape & Irrigation 1 LS $106,500.00 $106,500.00 $105,000.00 $105,000.00 $201,000.00 $201,000.00 13 Construct 4" thick Concrete Slab 83 SF $26.50 $2,199.50 $16.00 $1,328.00 $32.00 $2,656.00 14 Construct V-Drain 55 LF $122.00 $6,710.00 $150.00 $8,250.00 $118.00 $6,490.00 15 Remove and Dispose of Existing V-Drain 65 LF $55.00 $3,575.00 $80.00 $5,200.00 $52.50 $3,412.50 16 Construct Retaining Wall Utility Opening 5 EA $5,000.00 $25,000.00 $500.00 $2,500.00 $1,100.00 $5,500.00 17 Earthwork and/or Export Material 300 CY $60.00 $18,000.00 $666.00 $199,800.00 $291.00 $87,300.00 18 Unforeseen Work 1 LS $30,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 19 Demobilization 1 LS $10,000.00 $10,000.00 $10,000.00 $10,000.00 $3,900.00 $3,900.00 Last Minute Additions/Deductions $0.00 $0.00 $0.00
Total Bid Price
CITY OF REDLANDS
MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT
BID ANALYSIS
Item
No. Bid Item Quantity Unit
Narrow Path
Engineering, Inc.
Spec Construction Co,
Inc.
Multiplication error in bid
item 6. Total is corrected per
item unit price
Arithmetic error in total bid.
Total is corrected per item
unit price
Gentry General
Engineering, Inc.
$758,184.50 $817,692.00 $896,169.50
Bidders #10, #11 and #12
Sheet 4 of 4
Redlands Regular Meeting of 10-21-25 187 of 1909
Hillside Stabilization and Stairway Improvements Project Site Map
Redlands Regular Meeting of 10-21-25 188 of 1909
Redlands Regular Meeting of 10-21-25 189 of 1909
Redlands Regular Meeting of 10-21-25 190 of 1909
Redlands Regular Meeting of 10-21-25 191 of 1909
B B B B B B B B K K K K K R R K K R RR M MM M OM M M O M M M M O O M M M M M O K K R K B B B A A B BB B B B K K R K K R B B B BB RA B B B B B R R R R R R Y B BB B B B B B A R R R R RR R R 4 1" 12 1191" 3161"2 21" CSS FC FS MV 1 91" 3 1" 16 4 61" 2 1" 6 5211" 6181" C-2 I-102 I-103 I-104 I-104 I-101 I-105 SS I-106I-107 I-108 CW CP13 CW CP13 SYMBOL MANUFACTURER/MODEL/DESCRIPTION PSI DETAIL SYMBOL MANUFACTURER/MODEL/DESCRIPTION DETAIL M L O K G R B Y A 20F10F10H50H50Q25Q MV C-2CSSFCFS CW CPXX Valve Number Valve Flow Valve Size Valve Callout # #" # IRRIGATION SCHEDULE CODE DESCRIPTION I-101 I-102 I-103 I-104 I-105 I-106 I-107 I-108 IRRIGATION SCHEDULE North 20 0 20 40 60 Scale 1" = 20' ’ ’ ’ ’ UNDERGROUND SERVICE ALERT TWO WORKING DAYS BEFORE YOU DIG 811 CALL: TOLL FREE REFER TO SHEET 7 FOR IRRIGATION SPECIFICATIONS HILLSIDE STABILIZATION & STAIRWAY IMPROVEMENT PLANS CITY OF REDLANDS Municipal Utilities and Engineering Department Revisions SHEET OF SHEETS BENCHMARK WASTE WATER TREATMENT PLANT9 IRRIGATION PLAN 4 2475-PG/04/09exp. date signature date 10/26 7/21/25 REFER TO SHEET 5 FOR IRRIGATION DETAILS Redlands Regular Meeting of 10-21-25 192 of 1909
A FIXED RISER ROTATOR B TREE BUBBLER G AUTOMATIC CONTROLLER * C REMOTE CONTROL VALVE D QUICK COUPLER UNDERGROUND SERVICE ALERT TWO WORKING DAYS BEFORE YOU DIG 811 CALL: TOLL FREE HILLSIDE STABILIZATION & STAIRWAY IMPROVEMENT PLANS CITY OF REDLANDS Municipal Utilities and Engineering Department Revisions SHEET OF SHEETS BENCHMARK WASTE WATER TREATMENT PLANT9 IRRIGATION DETAILS 5 2475-PG/05/09exp. date signature date 10/26 7/21/25 E BALL VALVE F MASTER VALVE AND FLOW SENSOR H TRENCHING AND SLEEVING Redlands Regular Meeting of 10-21-25 193 of 1909
SYMBOL QTY SIZE WUCOLS BOTANICAL NAME COMMON NAME TREES SYMBOL QTY SIZE WULCOS BOTANICAL NAME COMMON NAME SHRUBS SHRUB COVER SYMBOL QTY SIZE WUCOLS BOTANICAL NAME COMMON NAME MULCHES PLANT SCHEDULE SYMBOL QTY SIZE WUCOLS BOTANICAL NAME COMMON NAME TREES SYMBOL QTY SIZE WULCOS BOTANICAL NAME COMMON NAME SHRUBS SHRUB COVER SYMBOL QTY SIZE WUCOLS BOTANICAL NAME COMMON NAME MULCHES PLANTBSCHEDULE SYMBOL MANUFACTURER/MODEL/DESCRIPTION QTY LIGHTING SCHEDULE CODE DESCRIPTION CONSTRUCTION NOTES A-01 A-02 A-03 A-04 A-05 REFERENCE NOTES SCHEDULE A-01 A-02 A-02 A-03 A-03 A-04 A-05 A-05 A-05 A-05 A-05 UNDERGROUND SERVICE ALERT TWO WORKING DAYS BEFORE YOU DIG 811 CALL: TOLL FREE REFER TO SHEET 8 FOR PLANTING SPECIFICATIONS HILLSIDE STABILIZATION & STAIRWAY IMPROVEMENT PLANS CITY OF REDLANDS Municipal Utilities and Engineering Department Revisions SHEET OF SHEETS BENCHMARK WASTE WATER TREATMENT PLANT9 PLANTING PLAN 6 2475-PG/06/09exp. date signature date 10/26 7/21/25 A TREE PLANTING B TREE STAKING C PLANTING ON SLOPES North 20 0 20 40 60 Scale 1" = 20'
Redlands Regular Meeting of 10-21-25 194 of 1909
“ ” ” “ ” ” ” ” ” UNDERGROUND SERVICE ALERT TWO WORKING DAYS BEFORE YOU DIG 811 CALL: TOLL FREE HILLSIDE STABILIZATION & STAIRWAY IMPROVEMENT PLANS CITY OF REDLANDS Municipal Utilities and Engineering Department Revisions SHEET OF SHEETS BENCHMARK WASTE WATER TREATMENT PLANT9 IRRIGATION SPECIFICATIONS7 2475-PG/07/09exp. date signature date 10/26 7/21/25
Redlands Regular Meeting of 10-21-25 195 of 1909
’ ’ ’ ’ ’ ’ ’ ’ “ ” ’ ’ ’ ’ “ ” “ ” “ — — ” ’ ’ ‘ ’ ’ ’ UNDERGROUND SERVICE ALERT TWO WORKING DAYS BEFORE YOU DIG 811 CALL: TOLL FREE HILLSIDE STABILIZATION & STAIRWAY IMPROVEMENT PLANS CITY OF REDLANDS Municipal Utilities and Engineering Department Revisions SHEET OF SHEETS BENCHMARK WASTE WATER TREATMENT PLANT9 PLANTING SPECIFICATIONS8 2475-PG/08/09exp. date signature date 10/26 7/21/25
Redlands Regular Meeting of 10-21-25 196 of 1909
HILLSIDE STABILIZATION & STAIRWAY IMPROVEMENT PLANS CITY OF REDLANDS Municipal Utilities and Engineering Departme SHEET OF SHEETS 37 East Olive Ave. Ste C Redlands, CA. 92373 909.793.2257 Hicks & Hartwick, Inc. No. 63494 S CIVIL A E T A T O F C NI A L I F O R REGISTER PROFESSIONA . M T T A ED C H S GINEER K LIC H EN EW Revisions BENCHMARK WASTEWATER TREATMENT PLANT9 DETAIL SHEET CONSTRUCTION NOTES 9 2475-PG-09/09
CITY OF REDLANDS
MUNICIPAL UTILITIES &
ENGINEERING DEPARTMENT
Bid Proposal, Contract Documents and Specifications
For
WWTP Hillside Stabilization and Stairway
Improvements Project
Project No. 521038
JULY 2025
CITY OF REDLANDS
MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT
Bid Proposal, Contract Documents and Specifications
for
WWTP Hillside Stabilization and Stairway Improvements
Project
Project No. 521038
For use in conjunction with specifications entitled: “Standard Specifications for Public Works Construction (Greenbook)” 2021 Edition; “Standard Plans for Public Works Construction” 2021 Edition; Municipal Utilities and Engineering Department’s Water Systems Standard Specifications and Sanitary Sewer System Standard Specifications, latest editions; and General Permit Conditions and Trench Specifications.
City Council:
Mario Saucedo, Mayor
Marc Shaw, Mayor Pro Tem
Paul Barich, Councilmember
Eddie Tejeda, Councilmember
Denise Davis, Councilmember
City Clerk:
Jeanne Donaldson, City Clerk
City Staff:
Charles M. Duggan Jr., City Manager
JULY 2025
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TOC 1
WWTP Hillside Stabilization and Stairway
Improvements Project
Project No. 521038
TABLE OF CONTENTS
(XX) REFLECTS PAGE IDENTIFICATION FOOTER ABBREVIATION
NOTICE INVITING SEALED PROPOSALS (NIB)
BID DOCUMENTS (BD)
INSTRUCTIONS TO BIDDERS.......................................................................................... 1 PROPOSAL ...................................................................................................................... 10 BID CERTIFICATION........................................................................................................ 14 BID BOND ...................................................................................................................... 15 NON-COLLUSION AFFIDAVIT ...................................................................................... 16 STATEMENT BY BIDDER............................................................................................... 17 OFFICERS OF CORPORATION (Members of Firm)....................................................... 17 SUB-CONTRACTORS LIST............................................................................................. 18 QUALIFICATION AND EXPERIENCE STATEMENT.................................................. 19 GENERAL INFORMATION ............................................................................................. 20
CONTRACT DOCUMENTS (CD)
PUBLIC WORKS CONSTRUCTION CONTRACT........................................................... 2
GENERAL CONDITIONS (GC)
SECTION 1 – GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS...................................................................... 1 SECTION 2 - SCOPE OF THE WORK ............................................................................... 2 SECTION 3 - CONTROL OF THE WORK......................................................................... 3 SECTION 4 - CONTROL OF MATERIALS....................................................................... 7 SECTION 5 – LEGAL RELATIONS AND 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........................................................ 33 SECTION 11 - REMOVAL, RELOCATION OR PROTECTION OF EXISTING UTILITIES................................................................................................... 34 SECTION 200 - ROCK MATERIALS............................................................................... 35 SECTION 201 - CONCRETE, MORTAR AND RELATED MATERIALS..................... 36 TOC 2
SECTION 203 - BITUMINOUS MATERIALS................................................................. 36 SECTION 206 - MISCELLANEOUS METAL ITEMS..................................................... 37 SECTION 207 – GRAVITY PIPE...................................................................................... 38 SECTION 211 - MATERIAL TESTS ................................................................................ 38 SECTION 214 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS ........................................................................... 38 SECTION 300 - EARTHWORK ........................................................................................ 39 SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS ............................................................................. 43 SECTION 302 - ROADWAY SURFACING ..................................................................... 48 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION .............................. 58 SECTION 304 - METAL FABRICATION AND CONSTRUCTION .............................. 61 SECTION 314 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS ........................................................................... 62
GENERAL REQUIREMENTS
SECTION 01110 COORDINATION OF WORK
SECTION 01112 DESCRIPTION OF WORK
SECTION 01200 MEASUREMENT AND PAYMENT
SECTION 01251 CHANGE ORDER REQUESTS
SECTION 01254 CHANGE ORDERS
SECTION 01298 SCHEDULE OF VALUES
SECTION 01321 CONSTRUCTION SCHEDULE
SECTION 01322 CONSTRUCTION PROGRESS PHOTOGRAPHY
SECTION 01323 CONSTRUCTION STATUS REPORTS
SECTION 01330 SUBMITTALS
SECTION 01571 STORMWATER POLLUTION PREVENTION PLAN
SECTION 01581 CONSTRUCTION INFORMATION SIGNS
SECTION 01721 MOBILIZATION
SECTION 01722 SURVEYING
SECTION 01732 POTHOLING
SECTION 01740 DEMOBILIZATION
TECHNICAL SPECIFICATIONS
SECTION 02222 PROTECTING EXISTING UNDERGROUND UTILITIES TOC 3
APPENDIX
APPENDIX A CHECKLIST OF LABOR LAW REQUIREMENTS
APPENDIX B CITY OF REDLANDS WORKDAY CONSTRUCTION SCHEDULE
APPENDIX C CITY OF REDLANDS CONTRACTOR SAFETY PROGRAM
APPENDIX D PERMITS
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BID DOCUMENTS
(BD)
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BD 1
INSTRUCTIONS TO BIDDERS
For
WWTP Hillside Stabilization and Stairway Improvements Project Project No. 521038
Bids to receive consideration shall be made in accordance with the following instructions:
1. PROPOSALS:
a. Bids shall be made upon the form of proposal furnished by the City. All Bids shall be properly executed with all items filled in; the signatures of all persons signing shall be in longhand. If the unit price and the total amount named by a Bidder for any item are not in agreement, the unit price shall be considered as representing the Bidder's intention, and the totals may be corrected by the Engineer to conform thereto. If the sum of the individual bid item’s and the total amount named by a Bidder are not in agreement, the sum of the bid item’s shall be considered as representing the Bidder’s intention, and the totals may be corrected by the Engineer to conform thereto. If the total price written in words and the total price written in figures are not in agreement, then the total price written in words will be considered as representing the Bidder’s intention, and the totals will be corrected by the Engineer to conform thereto.
b. Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete Bids, erasures, or irregularities of any kind.
Mistakes shall be lined through and the correct amount written above and initialed by the authorized agent of the Bidder.
c. Bids shall be accompanied by a cashier's or a certified check or Bidder's admitted corporate surety bond, in an amount not less than ten percent (10%) of the bid, made payable to the City of Redlands. Said check or bond shall be given as a guarantee that the Bidder will enter into a contract if awarded the work. In the case of refusal or failure to enter into said Contract, within fourteen (14) days after Notice of Award by the City in writing, the security shall be applied by the City to the difference between such bid and next lowest acceptable bid and surplus, if any, shall be returned to Bidder if cash or check is used, or to Surety if bid bond is used.
d. Before submitting a bid, Bidders shall carefully examine the Plans; read the Specifications; read all other Contract documents; shall visit the site of the work; shall fully inform themselves as to all existing conditions and limitations; and include in the bid a sum to cover the cost of all items included in the Contract. No allowance will be made due to lack of examination or knowledge. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered as to character, quality and scope of work to be performed; the quantities of materials to be furnished; and as to the requirements of the Bid Proposal, plans and specifications.
BD 2
e. Pursuant to CA Labor Code Section 1770 et seq., the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are available at http://www.dir.ca.gov/OPRL/PWD/. Copies of the prevailing wage determination are also on file at the City of Redlands and shall be made available to any interested party upon request.
f. The bid must be submitted on or before the date and time specified in the Notice Inviting Sealed Proposals (Bids). The bid shall be submitted in a sealed envelope marked in the lower left corner as follows:
BID FOR: WWTP Hillside Stabilization and Stairway
Improvements Project,
Project No. 521038
g. Bids will be opened and publicly read aloud at the time set in the Notice Inviting Sealed Proposals (Bids), in the Office of the City Clerk, Civic Center, 35 Cajon Street, Suite 4, Redlands, California.
2. AGREEMENT AND BONDS:
The form of Contract which the successful Bidder, as Contractor, will be required to execute is included in the Contract Documents (CD) of these specifications and should be carefully examined by the Bidder. The Agreement, admitted Corporate Surety Bonds and other documents to be executed by the Contractor shall be executed in original-duplicates stamped according to law, one of which original-duplicates shall be filed with the City Clerk of the City of Redlands. The successful Bidder, simultaneously with the execution of the Agreement, will be required to furnish a faithful performance bond and a labor and material bond, each in an amount equal to one hundred percent (100%) of the Contract price. Said bonds shall provide that if the Contractor or their Subcontractor fails to pay for any materials, provision, provender or other supplies or items used in, upon, for or about the performance of the work contracted to be done, or for any work of labor thereon of any kind, or for amounts due under the Unemployment Insurance Act or Workman's Compensation, with respect to such work or labor, that the surety or sureties will pay for the same. The amount shall not exceed the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court. All bonds shall be secured from surety companies satisfactory to the City of Redlands and whose name is on file with the County Clerk of San Bernardino County, as an approved and financially sound surety company authorized to transact business in this state.
3. WITHDRAWAL OF BIDS:
a. Any Bidder may withdraw his Bid, only by written request, at any time prior to the scheduled time for Bid Opening.
b. No Bidder may withdraw his Bid for a period of sixty (60) days after the time of Bid Opening except as allowed by the California Public Contract Code.
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
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
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 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.
BD 7
The Contractor shall, prior to Notice to Proceed, procure all other permits and licenses as stipulated in the GENERAL CONDITIONS.
In addition, no contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015 or awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
Contractors shall submit proof of registration status with their bid submission to the City of Redlands. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
6. SUBSTITUTION OF SECURITIES:
In accordance with applicable provisions of State law, the Contractor will be permitted to substitute qualified securities in lieu of retention of withheld progress payments by the Owner.
7. SUBCONTRACTORS:
Pursuant to Section 4105 of the California Public Contract Code, the bidder may not circumvent the requirement to list subcontractors by the device of listing one subcontractor, who in turn sublets portions constituting a majority of the work covered by the contract.
A. Pursuant to California Government Code section 4106, subcontractors who will perform work or labor or render services in an amount in excess of one-half of one percent of the Contractor’s total bid shall be set forth in a list of subcontractors within the bid documents. Such list shall be accompanied by an experienced statement with pertinent information regarding similar projects and other evidence of qualifications for each such subcontractor, supplier, individual, or entity if requested by City. If City or engineer, after doing an investigation, has reasonable objection to any proposed subcontractor, supplier, individual, or entity, City may, before the notice of award is given, request the apparent successful bidder to submit a substitute, without an increase in the bid.
B. If the apparent successful bidder declines to make any such substitution, City may award the contract to the next lowest bidder that proposes to use acceptable subcontractors, suppliers, individuals, or entities declining to make the request and substitutions will not constitute grounds for forfeiture of the bid security of any bidder. Any subcontractor, supplier, individual or entity so listed and against which City makes no written objection prior to the giving of the notice of award will be deemed acceptable by City subject to verification of such assessments after the effective date of the agreement as provided herein.
8. NON DEBARRED CONTRACTORS AND SUBCONTRACTORS
The Contractor and all of its subcontractors shall, at the time of bid opening and for performance of this public works contract, be non-debarred contractors and not be ineligible Contractors pursuant to Public Contract Code section 6109 and Labor Code sections 1777.1 and 1777.7.
BD 8
9. LABOR LAW REQUIREMENTS
Prior to the start of construction, the Contractor and each subcontractor shall submit to the City an executed Checklist of Labor Law Requirements, included within Appendix A, certifying that each Contractor and Subcontractor will comply with the foregoing Labor Law requirements; and fully understands that failure to comply with these requirements will subject it to the penalties cited herein.
By submitting a bid, the prime contractor and subcontractors involved in this project assure that they intend to comply with the labor law requirements noted within Appendix A, fully understanding that failure to comply may subject them to penalties as noted.
10. BID PROTEST PROCEDURES
Any bid protest must be in writing and received by the City Clerk’s Office at 35 Cajon Street, Suite 4, Redlands, CA 92373, before 5:00 p.m. no later than two working days following the bid opening (the “Bid Protest Deadline”) and must comply with the following requirements:
10.1 General. Only a bidder who has actually submitted a Bid Proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. If required by City, the protesting bidder must submit a nonrefundable fee in the amount specified by City, based upon City’s reasonable costs to administer the bid protest. Any such fee must be submitted to City no later than the Bid Protest Deadline, unless otherwise specified. For purposes of this Section, a “working day” means a day that City is open for normal business, and excludes weekends and holidays as observed by the City.
10.2 Protest Contents. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the person representing the protesting bidder if different from the protesting bidder.
10.3 Copy to Protested Bidder. A copy of the protest and all supporting documents must be concurrently transmitted by fax or by email, by or before the Bid Protest Deadline, to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending on the outcome of the protest.
10.4 Response to Protest. The protested bidder may submit a written response to the protest, provided the response is received by the City Clerk’s Office before 5:00 p.m., within two working days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must include all supporting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person representing the protested bidder if different from the protested bidder.
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.
BD 10_Rev1
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 WWTP Hillside Stabilization and Stairway Improvements Project Project No. 521038
NOTE: Bidders must bid on each item in this schedule. All entries in the entire PROPOSAL must be made clearly and in ink. Mistakes shall be lined through and the correct amount written above and initialed by the authorized agent of the Bidder.
BID SCHEDULE
(See “Section 01200 – Measurement and Payment” for Bid Item description) Item
No. Brief Description Estimated Quantity
Unit Price
(If Applicable) Total Price in Figures
1 Mobilization (Maximum 5%
of Total Bid Price)
LUMP
SUM N/A $______________________
2 SWPPP LUMP
SUM N/A $______________________
3 Construction Staking LUMP
SUM N/A $______________________
4 Retaining Wall (gray precision
block) 352 LF $_________/LF $______________________
5 Concrete Block Slough Wall 178 LF $_________/LF $______________________ 6 Reinforced Concrete Stairway 733 SF $_________/LF $______________________ 7 Metal Hand Railings 231 LF $_________/LF $______________________ 8 V-Ditch 336 LF $_________/LF $______________________
BD 11_Rev1
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
9 U-Channel 25 LF $_________/LF $______________________ 10 Grate Inlets 8 EA $_________/EA $______________________ 11 Stairway Lights (Solar) 4 EA $_________/EA $______________________ 12 Landscape & Irrigation LUMP
SUM N/A $______________________
13 Construct 4” Thick Concrete
Slab w/ #3 Bars @ 24”
O.C.E.W. & #3 Cont. Bar at
Edge
83 SF $_________/SF $______________________
14 Construct V-Drain Per Detail on
Sheet 3 55 LF $_________/LF $______________________
15 Remove and Dispose of
Existing V-Drain 65 LF $_________/LF $______________________ 16 Construct Retaining Wall
Utility Opening Per SPPWC
STD. 617-3
5 EA $_________/EA $______________________
17 Earthwork and/or Export
Material 300 CY $_________/CY $______________________
18 Unforeseen work not covered
within all other bid items
LUMP
SUM N/A $__________30,000_______
19 Demobilization LUMP
SUM N/A $______________________
TOTAL PRICE (ITEMS 1-19) $______________________
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: ________________________________ _______________________________________________________________________________________________ _______________________________________________________________________________________________ BD 12
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.
BD 13
ADDENDA
Receipt of the following addenda is hereby acknowledged and the same is included in the Bid Price:
Addendum #1___________ Addendum #2___________ Addendum #3____________ (initials) (initials) (initials)
Addendum #4___________ Addendum #5___________ Addendum #6____________ (initials) (initials) (initials)
ATTEST: (if Corporation)
(Corporation Seal)
___________________________________ _____________________________________ Company Name Signature
____________________________________ _____________________________________ Address Name
____________________________________ _____________________________________ City, State, Zip Title
BD 14
BID CERTIFICATION
The undersigned certifies that they are familiar with the various State and local laws affecting labor, length of working days, employer's liabilities, Sunday work, alien labor, domestic materials, Subcontractors, etc.
It is understood and agreed that the work under the contract will be commenced by the undersigned Bidder, if awarded the contract, within ten (10) calendar days from the date in the Notice to Proceed and will be completed by the Contractor in the time set forth in the CONTRACT.
Enclosed find Bidders bond or certified or cashier's check No. _________________ on the __________________________________ Bank, in the amount of ______________________ _______________________ which is not less than ten percent (10%) of the Bid submitted by the undersigned, made payable to the City of Redlands, California and which is given as a guarantee that the Bidder agrees that in case of their default in executing said contract with necessary bonds, the bond or check accompanying this Bid and the money made payable shall become and remain the property of the City of Redlands.
It is understood and agreed that the City of Redlands has the right to waive defects or irregularities and to accept or reject any or all Bids. No Bidder may withdraw their Bid for a period of sixty (60) days after the time of the Bid Opening except as allowed by the California Public Contract Code.
The following information, required by State law under penalty of perjury, is true and correct. Failure to complete this information renders the bid non-responsive, and the bid must be rejected. ____________________________________ _______________________________________ Company Name Signature
____________________________________ _______________________________________ Address Signatory's Title
____________________________________ _______________________________________ City, State, Zip State License Number and Class
____________________________________ _______________________________________ Telephone Number License Expiration Date
Dated this ________________ day of ___________________, 20___.
BD 15
BID BOND
KNOW ALL PERSONS BY THESE PRESENTS,
That ______________________________________________________________ as Principal, and ______________________________________ as Surety, are held and firmly bound unto the City of Redlands, hereinafter called City, in the sum of ______________________________________ dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, said Principal has submitted a bid to said City to perform all work required under the Project No. 521038.
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)
BD 16
STATEMENT BY BIDDER
NON-COLLUSION AFFIDAVIT
STATE OF )
) ss
COUNTY OF )
, being first duly sworn, deposes and says that
he is
(Sole Owner, a Partner, President, Secretary, etc.)
of
(Contractor)
the party making the foregoing bid on Project No. 521038 that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or of any other Bidder or to fix any overhead, profit, or cost element of the bid price or of that of another bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed contract; that all statements contained in such bid are true; and further, that the Bidder has not directly or indirectly, submitted his bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
By: ______________________________ Title: ________________________________ Subscribed and sworn to before me this day of __________________________, 20 .
Signature of Officer Administering Oath
(Notary Public)
BD 17
STATEMENT BY BIDDER
OFFICERS OF CORPORATION (Members of Firm)
The names of all persons interested in the foregoing proposals as principals, are as follows:
(IMPORTANT NOTICE - if Bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer and manager thereof; if a co-partnership, state true name of firm, also names of all individual co-partners composing firm; if Bidder or other interested person is an individual, state first and last names in full). _____________________________________ _____________________________________ _____________________________________ _____________________________________ _____________________________________ _____________________________________ Licensed in accordance with an act providing for the Registration of Contractors, License No. ______________________________________.
Signature of Bidder Dated
NOTE: If Bidder is a corporation, the legal name of the corporation shall be set forth above, together with the signature of the officer(s) authorized to sign contracts on behalf of the corporation; if Bidder is a co-partnership, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership, and if the Bidder is an individual, that signature shall be placed above.
BD 18
STATEMENT BY BIDDER
SUB-CONTRACTORS LIST
Bidder supplies the following information for any Subcontractor who will perform work or labor or render services to the prime contractor, etc. to be used on Project No. 521038, 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
BD 19
STATEMENT BY BIDDER
QUALIFICATION AND EXPERIENCE STATEMENT
The following outline is a record of the undersigned Bidder's experience in construction of three (3) projects of a type similar in magnitude and character to that contemplated under Project No. 521038 within the past two years. Include the location of each project as well as the name, address, and phone number of the owner, and name of individual to contact.
Subcontractors performing in excess of one half of one percent of the prime Contractor’s total bid, or in the construction of streets or highways, one half of one percent of the prime contractor’s total bid or ten thousand dollars ($10,000), whichever is greater shall provide a similar outline.
Additional pages outlining this portion of the Bid may be attached. Failure to provide this statement may result in rejection of the bid by the City of Redlands.
1. Owner's Name:
Contact Person: Phone: ( )
Address of Owner:
Project Description:
Amount of Contract: Completion Date:
2. Owner's Name:
Contact Person: Phone: ( )
Address of Owner:
Project Description:
Amount of Contract: Completion Date:
3. Owner's Name:
Contact Person: Phone: ( )
Address of Owner:
Project Description:
Amount of Contract: Completion Date:
BD 20
STATEMENT BY BIDDER
GENERAL INFORMATION
1. Bidder's Mailing Address
2. Number of years engaged in the contracting business under your present firm or trade name:
3. Have you ever failed to complete any work awarded to you? (Yes or No) . If yes, provide details in the space provided in Item 10.
4. Have you ever defaulted on a contract? (Yes or No) . If yes, provide details in the space provided in Item 10.
5. Have you ever been a party to a lawsuit or gone to arbitration during the last 5 years? (Yes or No) . If yes, provide details in the space provided in Item 10.
6. Has any Stop Notice been filed against you during the last 5 years? (Yes or No) . If yes, provide details in the space provided in Item 10.
7. Has your contractor's license ever been suspended, revoked, or subject to disciplinary action? (Yes or No) . If yes, provide details in the space provided in Item 10.
8. Contracts currently on hand:
Agency Name Amount of Contract Start Date Completion Date
9. Enter the name of person(s) who inspected the site of the proposed work for your firm and the date of said site inspection.
Name: Date:
BD 21
10. In the space provided, the Bidder shall provide details concerning any "Yes" answers provided in this "General Information" section. Details shall include, but not be limited to, the nature of dispute, name of the agency involved and the final outcome. If requested by the City, the Bidder shall supply additional information, sufficiently detailed, to permit evaluation of the Bidder's ability to perform the work.
Question
Number Details
THIS PAGE INTENTIONALLY LEFT BLANK
CONTRACT DOCUMENTS
(CD)
THIS PAGE INTENTIONALLY LEFT BLANK
\\files\Engineering\Capital Projects\521900 WASTEWATER FUND AND PROJECTS\WWTP Hillside Stabilization\6 DESIGN\6- 10 SPECIFICATIONS\Public Work Contract.PW-3.1(Work Days).doc
PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract (“Contract”) is made and entered into this ___ day of ____________, 2025, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter “City”), and __________________ (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”
In consideration of the mutual promises contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: WWTP Hillside Stabilization and Stairway Improvements Project, Project No. 521038, complete all items as required by the Contract Documents (as herein defined) and Specifications for City’s WWTP Hillside Stabilization and Stairway Improvements Project, Project No. 521038 (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 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 in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of five hundred dollars ($500) for each working day as defined in Section 1-2 of the Standard Specifications for Public Works Construction “Greenbook” in excess of the specified time for completion of the Work. Execution of this Contract shall constitute agreement by City and Contractor that five hundred dollars ($500) per day is the estimated damage to City caused by the failure of Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs.
5. CONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice Inviting Bids, Instructions to Bidders, Contractor’s Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively, the “Contract Documents”).
6. ATTORNEYS' FEES: In the event any action is commenced to enforce or interpret the terms or conditions of this Contract, or the Contract Documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys’ fees, including fees for use of in-house counsel by a Party.
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 \\files\Engineering\Capital Projects\521900 WASTEWATER FUND AND PROJECTS\WWTP Hillside Stabilization\6 DESIGN\6- 10 SPECIFICATIONS\Public Work Contract.PW-3.1(Work Days).doc 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. \\files\Engineering\Capital Projects\521900 WASTEWATER FUND AND PROJECTS\WWTP Hillside Stabilization\6 DESIGN\6- 10 SPECIFICATIONS\Public Work Contract.PW-3.1(Work Days).doc IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above.
CITY OF REDLANDS
(SEAL)
By:____________________________________
Mario Saucedo, 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.
\\files\Engineering\Capital Projects\521900 WASTEWATER FUND AND PROJECTS\WWTP Hillside Stabilization\6 DESIGN\6- 10 SPECIFICATIONS\Public Work Contract.PW-3.1(Work Days).doc
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities and Engineering Department
WWTP Hillside Stabilization and Stairway
Improvements Project
Project No. 521038
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
a. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. b. By securing from the Director of Industrial Relations, a certificate of consent to selfinsure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.
CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).
_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self-insure, or a certification of workers’ compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.
Dated this day of , 2025.
_____________________________________
(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 _____, 2025 (“Agreement”) whereby Principal agrees to install and complete certain public improvements (the “Work”), which said Agreement is identified as _________________ 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 \\files\Engineering\Capital Projects\521900 WASTEWATER FUND AND PROJECTS\WWTP Hillside Stabilization\6 DESIGN\6- 10 SPECIFICATIONS\Public Work Contract.PW-3.1(Work Days).doc amount set forth above. The term “balance of the Agreement price,” as used in this paragraph, shall mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal.
Surety shall not utilize the Principal in completing the Work nor shall Surety accept a bid from the Principal for completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City’s objection to the Principal’s further participation in the completion of the Work.
No right of action shall accrue on the bond to or for the use of any person or corporation other than the City named herein or the successors or assigns of the City. Any suit under this bond must be instituted within the applicable statute of limitations period.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.
No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.
The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City’s reasonable attorneys’ fees incurred, with or without suit, in addition to the above sum.
In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on , 2025.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:___________________________________
__________________________________________
(Seal and Notarial Acknowledgment of
Surety)
Telephone ( )___________________________
\\files\Engineering\Capital Projects\521900 WASTEWATER FUND AND PROJECTS\WWTP Hillside Stabilization\6 DESIGN\6- 10 SPECIFICATIONS\Public Work Contract.PW-3.1(Work Days).doc
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 ____________, 2025, and identified as WWTP Hillside Stabilization and Stairway Improvements Project, Project No. 521038 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 ______________ 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 _______________________, 2025.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:_____________________________
(Seal and Notarial Acknowledgement of Surety) ____________________________________ Telephone: ( )___________________
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GENERAL CONDITIONS
(GC)
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GC 1
GENERAL CONDITIONS
The Standard Specifications for Public Works Constructions, 2021 Edition (Greenbook), together with supplements as published by Building News, Inc., are modified herein and comprise the Standard Specifications. For convenience, the section and subsection numbering system used in these modifications correspond to those used in the Greenbook. Unless specifically deleted or modified herein, all requirements of the Greenbook shall prevail.
SECTION 1 – GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS,
UNITS OF MEASURE, AND SYMBOLS
1-2 TERMS AND DEFINITIONS.
Agency - Amend as follows:
“The legal entity (City) for which the Work is being performed.” Bidder - Amend as follows:
“Any individual, firm, partnership, corporation, or combination thereof, licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions Code, submitting a Bid for the Work, acting directly or through a duly authorized representative.” City. The City of Redlands, San Bernardino County, California, being the legal entity for which the Work is being performed. Also referred to as Agency or Owner.
City Council. The City Council of the City of Redlands, San Bernardino County, California, being the body authorizing entrance into legal agreements and allowing work in public right-ofway or on public property controlled by the City of Redlands. Also referred to as Board.
Engineer - Amend as follows:
“The City Engineer of the Agency, or other person designated by the City Engineer, acting either directly or through authorized agents.”
Fabricated. An item specifically assembled or made out of selected materials to meet individual design requirements.
Guarantee. See Warranty.
Laboratory. The designated laboratory authorized by the City of Redlands to test materials and work involved in the Contract.
Manufactured. A standard mass-produced unit or item meeting design requirements.
Owner. The City of Redlands, San Bernardino County, California.
Pavement. The uppermost layer of material placed on the traveled way or shoulder. Also referred to as surfacing.
GC 2
Rain Day. A scheduled working day when you cannot perform work on the controlling activity for at least 50 percent of the day with at least 50 percent of the normal labor and equipment due to adverse weather-related conditions that cause the Contractor to dismiss the crew.
Street - Delete and replace with the following:
“Any road, highway, parkway, freeway, avenue, street, lane, alley, crossing, intersection, court, place, circle, walk, way, or any public right-of-way within the jurisdiction of the Agency.” Surety - Delete and replace with the following:
“An admitted corporate surety as listed by the United States Department of Treasury and duly licensed to conduct business in the State of California and County of San Bernardino and acceptable to the City of Redlands, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred.”
Warranty. An extended insurance by the Contractor, of any product or item of work installed as a part of this project for replacement and/or repair for the time period specified, including but not limited to, all parts, labor, materials, tools, equipment costs, etc. necessary for the product or item of work to be in proper and acceptable working condition after completion of the project. For the purposes of this Contract, the period of coverage shall begin on the date of the Notice of Completion filed by the Owner.
Working Hours. Unless specified otherwise, working hours shall be from 7:00 AM to 4:00 PM, Monday through Friday, inclusive. Saturdays, Sundays, and City Holidays, as shown on the current year Construction Schedule, are excluded unless authorized by the City. 1-7.2 CONTRACT BONDS. - Add the following sentence to paragraph 1:
The warranty provisions set forth in Section 7-18 shall be secured by the Contract Performance Bond required under this section and said Bond shall remain in full force and effect for a period of one year from the date of completion as specified in the Notice of Completion.
SECTION 2 - SCOPE OF THE WORK
2-2 PERMITS. - Amend the following:
Amend the first sentence of paragraph 1 as follows:
“The Contractor will obtain all permits necessary to perform the work in streets, highways, railways or other rights-of-way.”
Add the following sentence between the first and second sentences of paragraph 1:
For all work within Caltrans right-of-way, the Contractor shall obtain their own Caltrans Encroachment Permit and pay all necessary permit and inspection fees as required by Caltrans.
GC 3
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 of the time and location of said meetings.
Meetings will be held either at the job site, at the offices of the City of Redlands, or at any other GC 4
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 specifications and new work performed within the work area; and all differences between the work as drawn and as installed for all concealed work as well as work added which is not shown on the drawings. Concealed work shall mean all work installed underground or in an area which cannot be readily inspected by use of access panels, inspection plates or other removable features. When vacuum excavation (potholing) services are required, contractor to provide report that identifies depth and alignment of underground utilities.
These record drawings shall be kept current and legible, and shall be available for inspection at all times by the Engineer, Architect and Contractor. All information, changes in the work or work added on these record drawings shall be marked in red. All markings shall use the same legends that are used on the drawings. Indicate locations by exact dimensions and elevations. Give dimensions and elevations from a permanent reference point and prepare all changes to scale.
At the end of construction, the contractor shall prepare one set of marked-up prints of the record drawings indicating any and all revisions and changes to the drawings reflecting As-Built conditions.
The drawings shall also contain a listing of all subcontractors who worked on the construction project.
The As-Built drawings will be submitted to the Municipal Utilities and Engineering Department for review and approval by the City Inspector and Engineer.
The design engineer or City staff shall prepare the final As-Built drawings for record purposes in one of the following two ways: (1) Check out the original drawings from the City and manually revise the GC 5
drawings to reflect the As-Built condition; or (2) Re-plot the original drawings electronically on 4 mil mylars and make revisions electronically to reflect the As-Built conditions. The final As-Built drawings will be reviewed and approved by the City Inspector and Engineer The construction related bonds will not be released by the City until the As-Built drawings are accepted by the Engineer and all City stipulated conditions for the release of the bonds have been satisfied.
3-10 SURVEYING.
3-10.3 Line and Grade. - Add the following sentences to paragraph 1:
All distances and measurements shown are and will be made in a horizontal plane. Construction line and grade staking shall be set at maximum intervals of 25 feet when the grade is 0.50 percent or greater. Construction line and grade staking shall be set at maximum intervals of 12 feet when the grade is less than 0.50 percent.
3-10.4 Permanent Survey Markers.
The Registered (licensed) Land Surveyor or Registered Civil Engineer authorized to practice land surveying in accordance with all provisions of Section 8771 of the Business and Profession Code shall be hired as a subcontractor or employed by the Contractor. 3-10.5 Survey Service.
Contractor shall be responsible for: furnishing all surveying and staking, horizontal and vertical, as shown on the plans and in accordance with the specifications; furnishing all staking for sub-grade and base course grades per typical sections; replacing any existing monuments and ties which have been destroyed by construction; identifying, locating and tying out all monuments and ties necessary within the work area; and shall reinstall all disturbed monuments and ties, supplying the Engineer with copies of monument and tie sheets recorded with the County Surveyor in accordance with applicable State law. Monuments shall be approved by the Engineer.
Surveying and staking shall be done by a Registered (licensed) Land Surveyor or Registered Civil Engineer authorized to practice land surveying in accordance with all provisions of Section 8771 of the Business and Professions Code.
Unless otherwise specified, stakes will be set and stationed by the Contractor’s surveyor for curbs, headers, sewers, storm drains, structures, rough grade and all other staking necessary for the construction of the work. A corresponding cut or fill to finished grade (or flowline) will be indicated on a grade sheet to be supplied to the Engineer. The Contractor shall dig all holes necessary for line and grade stakes.
3-13 COMPLETION, ACCEPTANCE, AND WARRANTY.
3-13.2 Acceptance. - Add the following paragraphs:
The Contractor shall submit written assertion that the work has been completed prior to the Engineer making final inspection. The Engineer will have 48 hours to inspect the work. If the Engineer determines that the work is not complete, written notice will be given.
GC 6
Until final acceptance of work by the Engineer, the Contractor shall have charge and care thereof from damage caused by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damage to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof.
All work which has been rejected shall be remedied or removed and replaced by the Contractor at their expense with work conforming to the plans and specifications. Any defective material or workmanship which may be discovered before final acceptance or within one year from the date of final acceptance shall be immediately corrected by the Contractor at their expense, notwithstanding that it may have been overlooked in previous inspections and estimates. Failure to inspect work at any stage shall not relieve the Contractor from any obligation to perform sound and reliable work as herein described. It is the Contractor’s ultimate responsibility to deliver a complete, operational project that complies in all details with these specifications, at the time of final acceptance.
Any omission or failure on the part of the City to discover or notify the Contractor of or to condemn defective work or material at the time of construction shall not be deemed as acceptance, and the Contractor will be required to correct defective work or material prior to final acceptance.
The City will endeavor to locate any errors or defective materials or workmanship and call them to the attention of the Contractor prior to subsequent work being performed. However, the City is under no obligation to do so and shall not be held liable because errors or defective material or workmanship by the Contractor are not discovered prior to subsequent work.
Nothing in this section shall be construed to limit the rights of the City to immediately correct conditions which are unsafe or which pose a public health nuisance. Should said corrections later be found to be caused by defective material and/or workmanship, the Contractor and their surety shall reimburse the City for costs reasonably incurred while attending the situation.
In the event it is necessary for the City to file suit to enforce any liability of the Contractor pursuant to this Section, the City shall be entitled to recover from the Contractor, in addition to all other amounts found due and owing, costs of suit and reasonable expenses and fees including reasonable attorneys’ fees incurred by the City in successfully enforcing the Contractor’s obligation, all to be taxed as costs and included in any judgment rendered.
3-13.3 Warranty. - Amend the following:
Amend the first sentence of the paragraph 3:
“The warranty period for specific items covered under manufacturers’ or suppliers’ warranties shall commence from the date of the final acceptance, except where longer warranty periods are specified.” Add the following paragraphs:
All start-up and testing shall be complete, approved and accepted before final acceptance, substantial completion, or beneficial occupancy.
GC 7
The warranty provided herein shall not be in lieu of, but shall be in addition to any warranties or other obligations otherwise imposed by the specifications or by law. The remedies provided herein shall not be exclusive and the City shall be entitled to any and all remedies provided by law. 3-14 INSPECTION.
The Contractor shall notify the Engineer at least 24 hours in advance before inspection is required.
Whenever the Contractor varies the period during which work is carried on each day, due notice shall be given to the Engineer so that proper inspection may be provided. Varied working hours may be allowed only upon written authorization from the Engineer.
Work financed in whole or in part with funds from another public entity or performed within the jurisdiction of another public entity shall be subject to inspection at all times by authorized representatives of that entity.
The work shall be ready for inspection, whether by City, other public entities or independent testing laboratories, at the scheduled times arranged by the Contractor. If, in the City’s sole judgment, the work is not ready and the inspection must be rescheduled, the Contractor shall be notified. The Contractor shall reschedule the inspection and provide the proper 24 hour notification for the rescheduled inspection. Any costs incurred by the City for rescheduled inspections shall be reimbursed prior to the release of Bonds.
In order to allow for inspection, the Contractor shall notify the City’s inspector sufficiently in advance of the permanent concealment of any materials or work. The City’s inspector shall make the appropriate notifications to other public entities and independent testing laboratories for inspections.
All inspections required in the specifications for this project shall be coordinated through the City’s inspector.
If any work is concealed or performed without the prior notice specified, the work shall be subject to such tests or exposure as may be necessary to prove to the City, Architect and Engineer, that the materials used and the work performed are in conformity with the drawings and specifications. All labor, tools, materials and equipment necessary for exposing and testing shall be furnished by the Contractor at their expense. The Contractor shall replace at their expense, any materials or work damaged by exposure or testing.
Overtime inspection may be requested by the Contractor. Overtime inspection includes but is not limited to, any hours worked outside of the inspector’s normal working hours including weekends and holidays. Such requests shall be on a case-by-case basis as determined by the Engineer. If the Engineer so determines and approves, overtime inspection shall be paid for by the Contractor at the current City billing rate at the time of request or as billed by other public entities or independent testing laboratories. Any costs incurred by the City for overtime inspection shall be reimbursed prior to the release of Bonds.
SECTION 4 - CONTROL OF MATERIALS
4-1 GENERAL. - Delete and replace with the following:
GC 8
Should any work performed or material furnished under the Contract prove defective or not in accordance with the Plans and Specifications and in the opinion of the Engineer such defect is not of sufficient magnitude or importance to make the work dangerous or unusable, or if the removal of such work is impracticable or will create dangerous or undesirable conditions, the Engineer at his discretion shall have the right and authority to retain such work instead of requiring it to be removed and reconstructed, but he shall make such deductions therefore in the payment due the Contractor as may be just and reasonable.
4-1.1 Warranty of Title. No materials, supplies or equipment for the work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants clear and good title to all materials supplied and equipment installed and incorporated in the work and agrees, upon completion of all work, to deliver the premises, together with all improvements and appurtenances constructed or placed thereon by him, to the Owner free from any claims, liens, encumbrances or charges, and further agrees that neither he nor any person, firm, or corporation furnishing any material or labor for work covered by the Contract shall have any right to a lien upon the premises or any improvement or appurtenance thereon, provided that this shall not preclude the Contractor from installing metering devices or other equipment of utility companies the title of which is commonly retained by the utility company. Nothing contained in this article, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond given by the Contractor for their protection, or any right under any law permitting such persons to look to funds due the Contractor, which are in the hands of the Owner. 4-1.2 Clayton Act. In submitting a bid to the City, if the bid is accepted the Contractor agrees it will assign to the City all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Section 15) or under the Cartwright Act (chapter 2 [commencing with Section 16700] of Part 2 Division 7 of the Business and Professionals Code), arising from purchases of goods, materials, or services by the Bidder for sale to the City pursuant to the bid. Such assignment shall be made and become effective at the time the City tenders final payment to the Bidder.
SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITES
5-1.1 CONTRACTOR’S EQUIPMENT AND FACILITIES.
A noise level limit of 86 dbA at a distance of 15 m (50 feet) shall apply to all construction equipment on or related to the work whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided, except in those cases required for the protection of personnel. 5-1.2 General.
The enclosed toilets required by this section shall be located within an approved yard, if one is acquired by the Contractor. If a yard is not acquired by the Contractor or the project is not within a City owned property, the toilets must be installed on a trailer and removed from the jobsite each day.
At no times shall toilets be stored within the public right of way outside of working hours. 5-3 LABOR. - Amend the following:
GC 9
5-3.1 General. - Add the following paragraphs:
Employment of apprentices are required on projects of $30,000 or more. Provisions in Sections 1777.5 of the California Labor Code fixes responsibility of compliance with that section for all apprenticeable occupations with the Contractor. Section 1777.5 provides that the Contractor and every Subcontractor shall submit contract award information to the applicable joint apprenticeship committee. One apprentice hour for every five journeymen hours worked is the minimum State requirement applicable to each apprenticeable trade. Section 1777.7 of said Labor Code provides that the Contractor shall forfeit as a civil penalty the sum of one hundred dollars ($100.00) for each calendar day of noncompliance with provision of said Section 1777.5.
The Contractor will observe all applicable health and safety requirements, including, but not limited to the California and Federal Occupational Safety and Health Acts. The Contractor shall submit for review by the City a Site Specific Health and Safety Plan prior to the commencement of construction activities. This Plan shall meet or exceed the requirements of 29 CFR 1910.120. 5-3.2 Prevailing Wages. - Add the following paragraphs:
Contractors are hereby notified that pursuant to Section 1770 of the Labor Code of the State of California, the City Council of the City of Redlands, California, by Resolution No. 2326, has ascertained the general prevailing rate of hourly wages and rates for legal holidays and overtime work in the locality where this work is to be performed, for each craft or type of workman or mechanic needed to execute the Contract which will be awarded to the successful Bidder. The Contractor shall comply with Sections 1770 to 1780 inclusive of the Labor Code and Master Labor Agreement of Southern California.
The Contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this Contract in full less legally required deductions and also deductions made pursuant to the regulations prescribed under the so-called “Kick- Back Statute” (48 Sta. 948; U.S.C. 875; 40 U.S.C. 276c).
In accordance with Section 1775 of the California Labor code, Contractor shall forfeit to City, as a penalty, a minimum of $40 for each day, or portion thereof, and a maximum of $200 for each day, or portion thereof, for each worker paid, either by Contractor, or any subcontractor, less than the prevailing rates as determined by the Director of the California Department of Industrial Relations for the work.
Contractor further agrees to fully comply with all applicable provisions of the California Labor Code including but not limited to Sections 1771, 1775, 1776, 1777.5, 1813 and 1815. Failure to abide by prevailing wages and laws by Contractor will be enforced.
The Contractor or subcontractor shall, as a penalty, to the State or political subdivision on whose behalf the contract is made or awarded forfeit twenty-five ($25) dollars for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any calendar day and 40 hours in any calendar work in violation of Labor Code section 1813. 5-3.3 Payroll Records. – Delete and replace with the following:
GC 10
The contractor and subcontractors shall submit electronic certified payroll on a weekly basis to the City of Redlands through LCPtracker. LCPtracker is a web-based labor compliance management system. The Prime Contractor and Subcontractors and lower-tier Subcontractors will receive an email from LCPtracker providing their log-on identification and temporary password. The Contractors will need to follow the instructions in the email to set-up their permanent password and activate their account. Once their account is setup, LCPtracker Inc. provides either computer based or web based training. Training can be accessed via the “Book Now” button located under the “Projects” tab. The prime contractor shall submit their certified payroll, along with any subcontractor who is performing any labor, on a weekly basis. The prime contractor is responsible for all communication with their subcontractors and shall submit their subcontractor’s certified payroll as part of their weekly payroll packet. All labor compliance correspondence and submissions will be made through the LCPtracker software.
All certified payroll shall be submitted no later than 7 days from the close of the pay period. The payroll records shall set out accurately and completely the name, social security number, classification and hourly wage rate of each employee, hours worked by employee during the payroll period and a full weekly wages and the actual weekly wages paid to the employee. Such certified payroll records shall be made available at all time for inspection by the City, the Department of Industrial Relations, the Department of Labor or authorized representatives within ten days of request. The contractor and subcontractor shall preserve weekly payroll records for a period of three (3) years from the date of completion of the Contract. In case on noncompliance with said Section 1776 and after a ten-day period following receipt of written notice, the Contractor shall forfeit to the California Department of Industrial Relations one hundred dollars ($100.00) for each calendar day or portion thereof, for each worker in non-compliance, until compliance is effectuated.
In order to meet labor compliance requirements, all contractors will be required to complete eDocuments which are accessed, submitted and approved through LCPtracker. All eDocuments are required to be signed by an owner/officer or authorized signer. The Prime Contractor and each Subcontractor and every lower-tier Subcontractor and any Vendors subject to this provision shall comply with Title 8, Section 16404 of the California Code of Regulations.
A Fringe Benefit Statement shall be submitted with the first payroll and is required for both the prime contractor and any subcontractors. A new Fringe Benefit Statement will be required when general determinations are issued in February and August. Please refer to the DIR website for additional details. Any weeks where no work was performed must be represented by the submittal of a Statement of Non-Performance covering the 7 day pay period where no hours were worked on the site. Final payroll on the project should state “Final” on the certified payroll, and must be marked as such in the LCPtracker system.
Failure by the Contractor to comply with the aforementioned requirements shall result in withheld progress payments until such time certified payroll documents have been received, reviewed, and accepted by the City. The City reserves the right to seek assistance from the State Department of Industrial Relations in determining the acceptability of certified payroll submittals before release of withheld progress payments. Prior to the release of retention monies, all certified payroll must be submitted on the project and any outstanding issues that may have occurred throughout the project must be resolved.
GC 11
5-4 INSURANCE. - Delete Section 5-4.1, Section 5-4.2 and replace with the following:
Before entering into a Contract, the Bidder to whom the Contract has been awarded shall furnish satisfactory evidence that they have secured all required insurance from a responsible insurance company authorized to do business in California and satisfactory to the City, and such insurance shall be maintained in full force and effect at the Contractor's own expense during the life of the Contract.
Contractor shall furnish the City with the customary Certificates of Insurance for all required insurance listed below. General Liability Insurance shall name the City and the Consultant, as an additional insured and shall be primary and non-contributing to any insurance or self-insurance maintained by the City. All liability insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the City shall be notified by registered mail, return receipt requested, giving sufficient time before the date thereof to comply with any applicable law or statute, but in no event less than forty five (45) days before expiration or cancellation is effective.
The coverage shall provide the following minimum limits based on the type of work proposed under this Contract. The Contractor shall determine if the proposed work requires Tier 1 or Tier 2 Designated Insurance Requirements shown below.
TIER 1 DESIGNATED INSURANCE REQUIREMENTS
a. Commercial General Liability
➢ $1 Million Per Occurrence/ $2 Million Aggregate
▪ City listed as an Additional Insured on the coverage
▪ Coverage is primary and non-contributory
CONTRACTED OPERATIONS DESIGNATED AS TIER 1
Air Conditioning (HVAC)
Systems (installation)
Electric Light or Power Line
Construction Pipeline Construction
Airport Runways (paving,
repaving, etc.) Elevator Work Roofing
Blasting Operations Excavation Sandblasting
Bridge or Elevated Highway
Construction
Fire Suppression Systems
(installation)
Sewer and Water Main
Construction
Buildings Structural Work
(including elevators)
Gas Mains or Connections
Construction Sign Erection (streets)
Building Structure (raising or
moving) Geophysical Exploration Solar Energy
Cable Installation in Conduits and
Conduit Construction (streets) Grading of Land Street Cleaning Caisson or Cofferdam Work Hazardous Materials Contractors Street or Road Construction Dam or Reservoir Construction Irrigation or Drainage
Construction
Tank Construction, Installation,
Erection or Repair
Demolition (structures) Landscape Construction (street or street medians)
Telephone or Cable Line
Construction
Drilling Painting (exterior greater than
single story)
Tree Pruning, Dusting, Spraying
or Removal
GC 12
▪ If scope of work is within 50 feet of any railroad, endorsement citing inclusion of liability associated with this work is required
▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission b. Business Auto Liability
➢ $1 Million Combined Single Limit
▪ City listed as an Additional Insured on the coverage
▪ Must include liability arising from all owned, leased, hired, and non-owned autos ▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission ➢ If Contractor or its subcontractors or suppliers haul hazardous material (including, without limitation, waste), Auto Liability insurance must be applicable to all hazardous waste hauling vehicles, and include MCS 90 and CA9948 Endorsements. c. Commercial Umbrella/ Excess Liability
➢ $5 Million Per Occurrence/ Aggregate
▪ City listed as an Additional Insured on the coverage
▪ Coverage is primary and non-contributory
▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission d. Workers Compensation
➢ $1 Million Per Occurrence for Bodily Injury by Accident ➢ $1 Million Each Employee for Bodily Injury by Disease ➢ $1 Million Policy Limit for Bodily Injury by Accident ▪ Waiver of Subrogation in favor of City
▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission e. Pollution Policy (Hazardous Materials) [If Applicable] ➢ Required of Projects that involve Demolition and/or Excavation Activities ➢ $1 Million Per Occurrence/ $2 Million Aggregate
➢ City listed as an Additional Insured on the coverage
CONTRACTED OPERATIONS DESIGNATED AS TIER 2
Air Conditioning (HVAC) Systems
(service and repair) Carpentry (building interiors) Fire Suppression Systems (service and repair) Alarms and Alarm Systems Communications Equipment
Installation (interior) Landscape Construction
Building Interior Work (service,
repair and non-structural
remodeling)
Driveway, Parking Area or
Sidewalk (paving or repaving) Painting (exterior)
Cable Installation in Conduits
(buildings) Fence Erection All Other Job Types including Vendors GC 13
TIER 2 DESIGNATED INSURANCE REQUIREMENTS
a. Commercial General Liability
➢ $1 Million Per Occurrence/ $2 Million Aggregate
▪ City listed as an Additional Insured on the coverage
▪ Coverage is primary and non-contributory
▪ If scope of work is within 50 feet of any railroad, endorsement citing inclusion of liability associated with this work is required
▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission b. Business Auto Liability
➢ $1 Million Combined Single Limit
▪ City listed as an Additional Insured on the coverage
▪ Must include liability arising from all owned, leased, hired, and non-owned autos ▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission ➢ If Contractor or its subcontractors or suppliers haul hazardous material (including, without limitation, waste), Auto Liability insurance must be applicable to all hazardous waste hauling vehicles, and include MCS 90 and CA9948 Endorsements. c. Workers Compensation
➢ $1 Million Per Occurrence for Bodily Injury by Accident ➢ $1 Million Each Employee for Bodily Injury by Disease ➢ $1 Million Policy Limit for Bodily Injury by Accident ▪ Waiver of Subrogation in favor of City
▪ If any policy forms of endorsements are cited to grant extension of coverage, they must be included with the Certificate of Insurance submission d. Pollution Policy (Hazardous Materials) [If Applicable] ➢ Required of Projects that involve Demolition and/or Excavation Activities ➢ $1 Million Per Occurrence/ $2 Million Aggregate
➢ City listed as an Additional Insured on the coverage
Contractor expressly waives all rights to subrogation against the City, its officers, employees and volunteers for losses arising from work performed by Contractor for City by expressly waiving Contractor’s immunity for injuries to Contractor’s employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extend to any claim brought by or on behalf of any employee of Contractor. This waiver is mutually negotiated by the parties. This shall not apply to any damage resulting from the sole negligence of City, its agents and employees.
To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless are valid and enforceable only to the extent of the negligence of contractor, its officers, agents and employees.
GC 14
Subcontractors. The prime contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements from each subcontractor.
The Contractor shall not assign or sublet the contract, in whole or in part, without the written consent of the City, nor shall the contractor assign any monies due to, or to become due to, Contractor hereunder without prior written consent of the City.
The Contractor shall be fully responsible to the City for the acts and omissions of the subcontractor and persons either directly or indirectly employed by the Contractor. Consent to subcontracting part of the work shall, in no way, release the Contractor from responsibility for performance of the work, and Contractor will be held, in all respects, accountable for the same as if no consent had been given.
The Contractor shall give personal attention to this work which is sublet. Nothing contained in the contract documents shall create any contractual relation between any subcontractor and the City.
Hold Harmless and Indemnification. Contractor shall indemnify, hold harmless and defend City and its elected officials, agents and employees and the Consultant from and against any and all claims, losses or liability, including attorney’s fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure to act of Contractor, its subcontractors, and any officers, agents and employees in performing the work required by this Agreement. Contractor’s obligations under this provision shall not be limited in any way by any terms of this Agreement, or the insurance limits.
5-4.3 Worker’s Compensation Insurance. - Delete and replace with the following:
A. Contractor shall have worker’s compensation and employer’s liability insurance in force throughout the duration of the contract in an amount which meets the statutory requirement with an insurance carrier acceptable to the City. The insurance policy shall include a provision prohibiting cancellation of said policy except upon forty-five (45) days prior written notice to City. Certificates of Insurance shall be delivered to the City at the time of the Contractors’ execution of the agreement.
B. Contractor expressly waives all rights to subrogation against the City, its officers, employees and volunteers for losses arising from work performed by Contractor for City by expressly waiving Contractor’s immunity for injuries to Contractor’s employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extend to any claim brought by or on behalf of any employee of Contractor. This waiver is mutually negotiated by the parties. This shall not apply to any damage resulting from the sole negligence of City, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless are valid and enforceable only to the extent of the negligence of contractor, its officers, agents and employees. 5-6 PATENT FEES OR ROYALTIES. Delete and replace with the following:
The Contractor shall include in its Bid the patent fees or royalties on any patented article or process which may be furnished or used in the Work. The Contractor shall indemnify and hold the City GC 15
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.
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.
GC 16
5-8 AIR POLLUTION CONTROL.
Dust control shall be performed in accordance with Subsection 7-8 of the Standard Specifications, South Coast Air Quality Management District (SCAQMD) Rule 403, the general Provisions and the following Provision.
Dust resulting from the Contractor’s performance of the work, either inside or outside, the right-ofway shall be controlled by the Contractor. Dust control includes the action necessary to prevent, reduce or control dust within the work area as required to complete the work. The Contractor shall carry out proper and efficient measures to prevent his operations from producing dust in amounts damaging to property or causing a nuisance, or harm to persons living nearby or occupying buildings in the vicinity of the work. The Contractor shall control dust 24 hours a day, seven days a week. The methods to be used for controlling dust in the construction area and along haul roads shall be approved by the Engineer prior to starting any work. The Rule 403 Implementation Handbook published by the SCAQMD, contains a detailed listing of reasonably available dust control measures.
Dust control ordered by the Engineer to be applied on Saturdays, Sundays or holidays will be included in the Contract price for dust control and no additional compensation will be allowed therefore.
The full compensation for all direct and indirect costs incurred for work performed or materials used to control dust resulting from the Contractor’s performance of the work and caused by public traffic, either inside or outside the right-of-way shall be considered as included in the Contract prices paid for the various items of work involved and no additional compensation will be allowed therefore. 5-9 STORAGE OF EQUIPMENT AND MATERIALS.
The Contractor shall be required to provide and maintain as necessary, any additional property required for storage of equipment, materials, etc., to perform work on this project. Should the additional property be located within the city limits of the City of Redlands, the Contractor shall obtain written approval from the City of Redlands Development Services Department and comply with all conditions set therein prior to use. When private property is used for a yard area, the Contractor shall also secure written authorization from the private property owner and supply a copy of such to the City before any monthly progress payment is submitted. Contractor to propose designated areas of the project site, upon approval by the Engineer, suitable for material delivery, storage, and waste collection.
The Contractor shall ensure the construction yard adheres to all local, State and Federal regulations, ordinances, codes and maintained in a neat and orderly manner throughout the duration of the project.
The contractor shall include the construction yard in the Erosion Control Plan or SWPPP and shall be inspected and approved prior to use of the yard. If at any time during the project the location of the construction yard changes from the approved site, the City shall be notified prior to relocation for inspection and approval. Should the Contractor fail to comply with these conditions, the Engineer may suspend the work per SSPWC section 6-3 until the condition is corrected.
GC 17
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;
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:
GC 18
1. Discharges that could have an impact on human health or the environment, cause or threaten to cause pollution, contamination, or nuisance;
2. Discharges that exceed any applicable water quality standard contained in a statewide Water Quality Control Plan or local Basin Plan; and
3. Discharges containing hazardous substances equal to or in excess of a reportable quantity listed in Federal regulations 40 CFR, Parts 117 and 302.
Materials that can cause or contribute to pollution or a violation of any applicable water quality standard include, but are not limited to: sediments; solid or liquid chemical spills; wastes from paints, stains, sealants, glues, limes, pesticides or herbicides and wood preservatives or solvents; asbestos fibers, paint flakes or stucco fragments; fuels, oils, lubricants or hydraulic, radiator and battery fluids; fertilizers; vehicle and equipment wash water or concrete wash water; concrete, detergent or floatable wastes; wastes from any engine and equipment steam cleaning or chemical degreasing; and chlorinated potable water line flushings.
Unless exempted or authorized by an NPDES permit, all non-storm water discharges require prior approval by the Engineer or the State Water Resources Control Board with Engineer approval.
During construction, temporary storage of such materials as identified above, must occur in a designated area physically separated from potential storm water runoff, with ultimate disposal in accordance with local, state and federal requirements.
De-watering of contaminated groundwater or discharging contaminated soils via surface erosion is prohibited.
Unless indicated otherwise by the Engineer, all projects, regardless of size, shall submit for review and approval, a Water Quality Management Plan (WQMP). The WQMP shall consist of post construction BMPs which shall remain in effect throughout the life of the facility. Refer to WQMP guidelines.
5-11 TEMPORARY LIGHTS, POWER AND WATER.
Any water drawn from a City fire hydrant shall be via a City owned water meter. Said meter may be obtained from the Municipal Utilities & Engineering Department. Contractor is responsible for payment of a $1200 deposit fee. Said meter shall be returned in a condition like received, less normal wear and tear. All meters are loaned subject to the conditions of the Fire Hydrant Construction Meter Water Service Application. Contractor must provide proposed location of meter and notify Customer Service at (909) 798-7516 each time the meter is relocated during construction. Water reasonably used in connection with the construction contract will be provided at no cost to the Contractor. Water use determined to be wasteful or unreasonable will be charged for at the prevailing rate. 5-12 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS.
GC 19
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 reestablishing existing improvements shall be included in the Bid.
The Contractor shall be responsible for the maintenance of the streets and roadways to be used by public and local traffic through and adjacent to the construction zone, from the date of "Notice to Proceed" until the date of acceptance of the completed construction improvements.
Street maintenance shall include filling of potholes, grading of subgrade and base, replacing signs, installing interim pavement striping and markers on the project streets and other side streets within the construction zone. Street maintenance shall also include sweeping and washing of streets, adjacent and connected to the construction zone on a weekly, or more frequent schedule, to prevent the accumulation of dust, dirt, gravel or other deleterious materials, all as necessary to maintain the construction roadways and adjacent streets in a safe, clean and drivable condition for use by public and local traffic.
Upon request from the City for information pertaining to a claim against the contractor, contractor shall provide a written/email response, including all requested information, within 14 calendar days of City’s request. If a response with all requested information is not provided to the City within 14 calendar days, a penalty of $500 per calendar day will be assessed to the Contractor by the City. 5-13 PUBLIC CONVENIENCE AND SAFETY.
5-13.1 General.
The Contractor may be allowed to close the roadway, or a portion thereof, to traffic during normal work hours upon approval from the Engineer. During any closure, the Contractor shall allow access for residents, schools, trash service trucks, churches and businesses within the affected portion of roadway, except as required for construction for a reasonable period of time. The Contractor shall notify residents as noted within Section 5-18.
The Contractor shall provide and install barricades, delineators, warning devices and construction signs in accordance with the Work Area Traffic Control Handbook (WATCH) prepared by the Southern California Chapter of the American Public Works Association. During adverse weather or unusual traffic or working conditions additional devices shall be placed as directed by the engineer.
All traffic signs and devices shall conform to the current State of California, Department of Transportation (CALTRANS), "Manual of Warning Signs, Lights, and Devices for Use in Performance of Work upon Highways", unless otherwise approved by the Engineer.
GC 20
Fences, barriers, lights and signs shall be furnished, erected and maintained as necessary to give an adequate warning to the public at all times that the work is under construction and of dangerous conditions to be encountered as a result thereof, and warning and directional signs shall also be erected and maintained as may be required by the City. Should the Contractor fail to furnish a sufficient number of traffic and/or pedestrian safety devices within three (3) hours after being notified, the Owner will place such necessary items and the Contractor shall be liable to the Owner for providing such devices in accordance with the following provisions:
1. For placing of barricades - $15.00 per barricade for each day or part thereof.
For flashers - $15.00 per flasher for each day or part thereof.
For traffic cones - $7.50 per cone for each day or part thereof.
2. In the event that the services of the Owner are required outside the normal working hours and/or days or items not noted above are furnished by the City, all costs incurred by the City shall be the responsibility of the Contractor.
The Contractor shall relocate, preserve and maintain the visibility of all signs within the project limits which affect the flow of traffic, as directed by the engineer. Any signs that are missing or found damaged shall be replaced immediately by the Contractor at his expense.
The Contractor shall provide and maintain Class II barricades along excavation edges parallel to the flow of traffic at a spacing of twenty-five feet (25'). Class II barricades mounted with flashers shall be installed around work areas in parkways. Class II barricades shall have alternating black and reflectorized white (or yellow) stripes at an angle of 45 degrees. The stripe with shall be four to six inches.
During paving operations barricades may be supplemented with minimum size eighteen-inch (18") high traffic cones and delineators such that spacing between barricades and/or cones or delineators is no greater than twenty-five feet (25"). At all access points such as intersecting streets, alleys and driveways, barricades and/or cones shall be provided at five-foot (5') intervals so as to prevent vehicular access to the paving area. Where access from an intersecting street is prohibited, a "Road Closed" sign shall be provided. "No Left Turn" sign shall be provided wherever required by the Engineer.
Clearances from traffic lanes shall be 5 feet to the edge of any excavation and 2 feet to the face of any curb, pole, barricade, delineator or other vertical obstruction.
A 4 foot wide pedestrian walkway shall be maintained in the parkway area on each side of all streets, unless otherwise authorized by the Engineer. The minimum clearance from: the edge of pedestrian walkways to any traffic lane shall be 5 feet; the edge of pedestrian walkways to any work zone shall be 3 feet; and the surface of pedestrian walkways to any overhead obstruction shall be 7 feet.
GC 21
The Contractor shall, at the end of each work day, have backfilled, compacted and placed a temporary drivable roadway surface on all work areas within traveled roadways prior to leaving the job site. Failure to comply to the satisfaction of the Engineer shall result in immediate correction by City forces, and all costs shall be borne by the Contractor.
Traffic control devices shall be marked with the Contractor’s name as appropriate. At no time shall any traffic control devices marked with companies or agencies other than the Contractor or subcontractors, be utilized within the work area.
All said traffic controls and safety devices shall be maintained in clean condition, with any and all graffiti removed by the end of workday on which the graffiti was first reported to the Contractor.
If the traffic control devices are deemed unacceptable by the Engineer due to being damaged, dirty, or marked incorrectly, the Contractor shall replace the traffic control devices immediately. Should the Contractor fail to furnish traffic control devices within three (3) hours after being notified, the Owner will place such necessary items and the Contractor shall be liable to the Owner for providing such devices in accordance with the provisions above.
5-13.1.1 Vehicular Access.
At such times as driveways are inaccessible due to the Contractor's work they shall be blocked by two (2) Class II barricades or one (1) Class II barricades and two (2) delineators. Driveways that are ramped or planked for temporary access shall be provided with a delineator at each side. 5-13.1.2 Signage. The Contractor shall furnish, erect and maintain all construction traffic signage as required and specified.
All construction traffic signage shall be in place prior to commencing any work, placed as needed during construction, moved as necessary and removed only upon completion of all work.
All construction traffic signage and controls shall comply with the State of California Manual of Traffic Controls, Warning Signs, Lights and Devices for use in Performance of Work Upon Highways. All construction traffic signage used in the performance of the work shall be a minimum of the encapsulated lens (high intensity) type. All traffic controls and safety devices, equipment and materials, including but not limited to cones, channelizers, delineators, flashing warning lights, barricades, high level warning devices, telescoping flag trees, flags, signs, markers, portable barriers, flashing arrow signs, changeable message signs, markings and flagging equipment shall be provided and maintained in like new condition.
When a Traffic Signal is constructed as a part of the project, the Contractor shall place and maintain for one calendar month, a message board for each approach leg to a new traffic signal. The message board shall read “CAUTION - NEW TRAFFIC SIGNAL”. The one month period shall begin from the day of activation. This requirement may be lessened or waived, on a case-by-case basis, by the Engineer.
The Contractor shall furnish and properly install, construct, erect, use and continuously inspect and maintain, twenty-four (24) hours per day, seven (7) days per week, including holidays, all said GC 22
devices, equipment and materials and all temporary and permanent pedestrian and driving surfaces as necessary to provide for the safety and convenience of, and to properly warn, guide, control, regulate, channelize and protect the vehicular traffic, pedestrian traffic, project workers, and the public throughout the entire limits of the work activity and beyond said limits as necessary to include areas affecting or affected by the work, from the date of notice to proceed to the completion and acceptance of the work. Any corrective work required to be performed by City forces shall be charged to the Contractor and paid in full before release of any bonds on the project.
All traffic cones shall be no less than 28 inches in height, except that shorter cones, 12 inches minimum height, may be permitted during striping maintenance operations where the only function of the cone is to separate traffic from the wet paint. All barricades used to delineate traffic at night or placed in or adjacent to the traveled roadway at night, shall be equipped with flashing warning lights.
Channelizers shall be required when lane restrictions, detours or other work conditions need to be maintained for periods longer than normal work hours. Channelizers shall be surface-mounted type and shall be furnished, placed and maintained at the locations shown on the plans or as approved by the Engineer and shall conform to these specifications. Channelizers shall be, at the Contractor’s option, one of the following types, or approved equal: (1) Safe-Hit SH236SMA; (2) Repo “The Replaceable Post”; or (3) Carsonite, “Super Duck” SDF-436.SDF-436. 5-13.2 Traffic Control Plan
The Contractor shall provide a Traffic Control Plan to the agency for approval prior to the scheduled commencement of work. Comments and corrections shall be returned to the Contractor within five (5) working days.
The Contractor shall be required to maintain one lane in each direction when working on the roadway.
Access to schools, businesses, etc. shall be maintained as necessary for their operations. If closures are authorized by the Engineer, all detour signage shall be installed prior to closure of specified portion of roadway(s), and shall be maintained during closure.
The Contractor shall make provision to allow pedestrians full access across work areas at existing crosswalks, while working within those areas.
Traffic controls, including but not limited to vehicular and pedestrian traffic controls, maintenance of vehicular and pedestrian access, detours, and street closures shall be in accordance with Subsection 7-1, of the current edition of the "Standard Specifications for Public Works Construction," including all its subsequent amendments, and the current edition of the "Work Area Traffic Control Handbook." Traffic control and the Traffic Control Plan shall conform to the following:
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 GC 23
responsible for the preparation of Plans as necessary for specific items of work. These Plans shall be approved by the City's Engineer. c. All traffic controls and safety devices, equipment and materials, including but not limited to cones, delineators, flashing warning lights, barricades, high level warning devices (flag trees), flags, signs, markers, portable barriers, flashing arrow signs, markings, and flagging equipment shall be provided and maintained in "like new" condition.
d. The Contractor shall furnish and properly install, construct, erect, use, and continuously inspect and maintain, twenty-four (24) hours per day, seven (7) days per week, all said devices, equipment and materials and all temporary and permanent pedestrian and driving surfaces as necessary to provide for the safety and convenience of, and to properly warn, guide, control, regulate, channelize and protect the vehicular traffic, pedestrian traffic, project workers, and the public throughout the entire limits of the work activity and beyond said limits as necessary to include area affecting or affected by the work, from the start of work to the completion of the work.
In the event the slurry and cape seal ravels, a "loose gravel" (C6) sign shall be placed to adequately warn the public.
e. High-level warning devices (flag trees) are required at all times for any work being performed within the roadway unless otherwise specifically authorized by the City's Engineer.
f. All barricades shall be equipped with flashing warning lights, and all traffic cones shall be no less than twenty-eight inches (28") in height, except that shorter cones, twelve inches (12") high or higher, may be used during striping maintenance operations where the only function of the cones is to protect the wet paint from the traffic.
g. Type III barricades, no less than six feet (6') in length and equipped with two (2) Type "N" markers each and two (2) flashing warning lights each, shall be used to close streets, except as otherwise specifically authorized in advance by the City's Engineer for minor maintenance work of no more than one (1) working days duration on weekdays, or on holidays only, and between 8:00 a.m. and 3:30 p.m. only. Said barricades shall be placed across the full roadway at each point of closure with the distance between 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.
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h. Except for residential streets, as otherwise directed and/or authorized by the City's Engineer, two-way vehicular traffic shall be maintained at all times within two (2) eleven foot (11')-wide lanes on streets, having an effective roadway width of forty-four feet (44') or more with restricted parking, and other streets of lesser widths may be reduced to one (1) twelve-foot (12') wide lane with work activity being limited to one side at a time, and with one-way vehicular traffic being maintained at all times by properly trained and experienced flaggers.
No reduction of the traveled way width shall be permitted on any City street before 8:00 a.m. nor after 3:30 p.m., on weekends or holidays, or when active work is not being done, unless prior authorization to do so is granted by the City's Engineer.
Arrow boards shall be required for all lane closures on major streets. i. Properly trained and experienced flaggers shall be provided to traffic when said traffic is to be interrupted, when two-way traffic is to be reduced to one-way traffic, and at such other times as is necessary to safely pass the traffic through or around the work area, and when so directed by the City's Engineer.
j. Vehicular access to occupied residential property may be restricted on weekdays other than holidays between the hours of 8:00 a.m. to 3:30 p.m. while essential work activity is taking place, with specific prior written approval from the City's Engineer, providing the Contractor gives the owner and/or resident at least forty-eight (48)-hour advance written and oral notice. See Part 2, "Notification of Residents," herein.
Convenient and safe pedestrian access to occupied residential property shall be maintained at all times. Access to mailboxes must be maintained at all time, such that the postal delivery service is not interrupted.
Access to vacant and unused property may be restricted at the Engineer's discretion. Both vehicular and pedestrian access shall be maintained at all times to all other property except as otherwise specifically authorized in writing by the City's Engineer.
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.
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l. An unobstructed view of all signs and warning devices including but not limited to stop signs, stop ahead signs, street names signs, and other regulatory, warning and construction signs, markers, and warning devices shall be maintained at all times. No trucks or other equipment or materials shall be stopped, parked, or otherwise placed so as to obscure said signs, markers, and devices from the view of vehicular and/or pedestrian traffic to which it applies.
m. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall yield to said public traffic at all times, except where the traffic is being controlled by police officers, fire officers, properly trained and experienced flaggers, or at traffic signalized intersections.
n. Stockpiling and/or storage of materials on any public right-of-way or parking areas will not be allowed without specific permission of the Engineer. Materials spilled along or on said right-of-way or parking areas shall be removed completely and promptly. All stockpile and/or storage areas shall be kept in a safe, neat, clean, and orderly fashion, and shall be restored to equal or better than original condition upon completion of the work.
o. Where vehicular access to abutting property must be restricted, the work shall be so selected, arranged, and scheduled that the person(s) requiring access to said abutting property and/or residents along said streets affected will be able to park within a reasonable distance of not more than five hundred feet (500') from their homes and/or destination. Residents must be supplied written notice of such restrictions a minimum of 48 hours in advance.
p. When work has been completed on a particular street or has been suspended or rescheduled, and said street is to be opened to vehicular traffic, all equipment, "NO PARKING" signs, other obstructions, and unnecessary traffic control devices and equipment shall be promptly removed from that street except as otherwise authorized or directed by the City's Engineer. q. Should the Contractor be neglectful, negligent, or refuse, fail, or otherwise be unavailable to promptly, satisfactorily, and fully comply with the provisions specified and referred to hereinabove, the City reserves the right 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 GC 26
said obligations and liabilities from the Contractor to the City or the City's agents.
r. Violations of any of the above Provisions and/or Provisions of the referenced publications, unless promptly and completely corrected to the satisfaction of the City's Engineer, shall at the sole discretion of the City, be grounds for termination of the Contract, or shut down or partial shutdown of the work, without compensation to the Contractor and/or permittee, or liability to the City, all as prescribed by Contractual obligation or State law, whichever is applicable.
Full compensation for furnishing all labor, materials, tools, equipment, flaggers, lights, channelizers (surface mounted), temporary striping, barricades, portable flashing lights, flashing arrow signs, traffic control and detour plan, and incidentals required to comply with the provisions specified and referred to herein above, to provide all required traffic and pedestrian control for the duration of this contract, all as shown and as specified, shall be paid as specified in Section 01200 of the General Requirements and no other compensation shall be made therefore.
5-13.3 Edison Energized Conductors. The Contractor hereby promises and agrees that in the performance of the Work, he will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to Edison's secondary, primary and transmission facilities. The term "qualified person" is defined as follows:
"Qualified Person". A person by reason of experience or instruction is familiar with the operation to be performed and hazards involved.
Contractor further promises and agrees that the provisions of this paragraph shall be and are binding upon any Subcontractor or Subcontractors that may be retained by it, and that the Contractor shall take such steps as are necessary to insure compliance by said Subcontractor or Subcontractors with the requirements of this paragraph.
5-14 CONTRACTOR’S RESPONSIBILITY FOR DAMAGE.
5-14.1 Responsibility for Damage. The Contractor agrees to and does hereby indemnify, defend and hold harmless the City, its elected officials and the Consultant and their officers, agents and employees from every claim or demand made, and every liability, loss, damage, or expense of any nature whatsoever, including attorney's fees and costs, which may be incurred by reason of:
(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 GC 27
(b) any injury to or death of persons or damage to property caused by any fault, neglect, default or omission of the Contractor, or any person, firm or corporation employed by the Contractor, either directly or by independent contract, including all damages due to loss or theft, sustained by any person, firm or corporation, including the City, arising out of, or in any way connected with the work covered by this agreement, whether said injury or damage occurs either on or off City property, provided that any of the foregoing (1) is attributable to personal injury, bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulting there from, and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, any supplier, anyone directly or indirectly employed by any of them or anyone for whose act or omissions any of them may be liable, regardless of whether or not caused in part by any act or omission (active, passive, or comparative negligence included, excepting the active negligence of the District) of a party indemnified hereunder.
(c) The Contractor, at its own expense, cost, and risk shall defend any and all actions, suits or other proceedings that may be brought or instituted against the City, its elected officials, officers, agents and employees and the Consultant, against any such claim, demand or liability, and shall pay or satisfy any judgment that may be rendered against the City, its elected officials, officers, agents or employees, in any such action, suit or other proceedings as a result thereof.
5-15 NO PERSONAL LIABILITY. Neither the City Council, the Engineer, the Consultant, nor any other officer or authorized assistant or agent shall be personally responsible for any liability arising under the contract.
5-16 CONTRACTOR'S RESPONSIBILITY FOR WORK. Except as provided above, until the formal acceptance of the Work by the City, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the Work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof, except such injuries or damages occasioned by act of the federal government or the public enemy.
The City of Redlands shall not be held responsible for the care or protection of any material or parts of the work prior to final acceptance, except as expressly provided in these specifications.
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.
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All work which has been rejected, shall be remedied, or removed and replaced, by the Contractor at his own expense, with work conforming to the Plans and Specifications. Any defective material or workmanship which may be discovered before final acceptance or within (1) one year from the completion date specified in the Notice of Completion shall be corrected immediately by the Contractor at his own expense notwithstanding that it may have been overlooked in previous inspections and estimates. Failure to inspect work at any stage shall not relieve the Contractor from any obligation to perform sound and reliable work as herein described. It is the Contractor's ultimate responsibility to deliver at the time of final acceptance a complete project that complies in all details with these Contract Documents. All items shall be ready to operate.
Any omission or failure on the part of the Owner to discover or notify the Contractor of or to condemn defective work or material at the time of construction shall not be deemed an acceptance, and the Contractor will be required to correct defective work or material prior to final acceptance.
The Owner will endeavor to locate any errors or defective materials or workmanship and call them to the attention of the Contractor prior to subsequent work being performed. However, the Owner is under no obligation to do so and shall not be held liable because errors or defective material or workmanship by the Contractor are not discovered prior to subsequent work.
During the (1) one year warranty period, should the Contractor fail to remedy defective material and/or workmanship, or to make replacements within five (5) days after written notice by the Owner, it is agreed that the Owner may make such repairs and replacement and the actual cost of the required labor and materials shall be chargeable to and payable by the Contractor or his Surety.
Nothing in this section shall be construed to limit the rights of the Owner to immediately correct conditions which may be unsafe or which may pose a public health nuisance. Should said conditions later be found to be caused by defective material and/or workmanship, the Contractor and his Surety shall reimburse the Owner for costs reasonably incurred while attending the situation.
In the event it is necessary for the Owner to file suit to enforce any liability of the Contractor pursuant to this sections WARRANTY OF WORK, the Owner shall be entitled to recover from the Contractor, in addition to all other amounts found due and owing, costs of suit and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the Owner in successfully enforcing the Contractor's obligations, all to be taxed as costs and included in any judgment rendered.
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 GC 29
area, the distribution of the second notification shall be at least fourteen days in advance of any activity. Activities impacting said properties and, therefore, requiring the above said notices include the following: the work itself; closure or partial closure of the street; and disallowance of street parking and disallowance of vehicular ingress to or egress from the property.
Said firms, institutions, agencies, and utility companies which must be notified of proposed work shall include, but are not limited to the following: public schools, private schools, day care centers, postal service, hospitals, governmental services, police department, fire department, ambulance services, Omnitrans, solid waste collection, and City street sweeping.
The proposed notice shall be submitted to the Engineer at least seven calendar days prior to the date of distribution for review and approval. The submittal shall also include a map identifying the limits of the work and proposed limits of distribution. The printed notices shall contain a general description of the work to be done, the name of the street with limits, the day and date of the work and the name and telephone number of the Contractor. The notice shall also include a statement that there will be no disruption of trash collection schedules and that trash should be set out by 6:00 a.m. on the scheduled day of pickup. If on-street parking will be affected the notice shall include a statement that no on-street parking will be allowed between the hours of 7:00 a.m. and 5:00 p.m. on the day of work, and a statement that it will be necessary to tow away parked vehicles at the owner's expense per California Vehicle Code CVC 22651L and CVC 22654D.
The Contractor will provide City with the dates and addresses of when project notifications are delivered to affected properties. City will verify the notification process is completed in compliance with the requirements of the specifications. Work will commence when City approves Contractor’s compliance with the requirements set forth in the specifications.
If on-street parking is affected, the Contractor shall also post pre-approved "NO PARKING-TOW WAY" signs on 1 x 2 wood stakes or barricades at one hundred foot (100’) maximum spacing along the affected areas of the street, 48 hours prior to the start of the work. The "NO PARKING-TOW AWAY" signs shall contain the day, date, and hours that parking will be prohibited on that particular street and a statement that parked vehicles will be towed away at owner's expense per California Vehicle Code CVC 22651L and CVC 22654D. The Contractor shall maintain said signs throughout the day of work, and shall start the removal of said signs by 4:00 p.m. and complete the removal by 6:00 p.m. on said day of work or as otherwise directed by the Engineer.
The Contractor shall document the day, date, and time the signs are installed because the no parking restriction cannot be enforced until the signs have been in place 24 hours. Posting of signs on trees, utility poles, light standards and other existing parkway improvement is strictly forbidden.
In the event of street resurfacing operations, the notices to residents shall contain a statement that the street to be resurfaced will be closed to vehicular traffic, and the suggestion that if they require the use of their vehicles on the day of the resurfacing work, they should consider parking their vehicle on a nearby street which is not scheduled for a resurfacing application.
In the event scheduled work is delayed, theContractor shall immediately remove all "NO PARKING" signs. The contractor must notify all previously notified, in person and with printed notices, that the GC 30
work will be rescheduled and that they will be re-notified 48 hours in advance. The Contractor shall have an adequate supply of approved notifications for distribution to residents.
Full compensation for conforming to these requirementsshall be considered as included in the various Contract items of work involved, and no additional compensation will be allowed therefore.
Failure to comply with this section shall result in a penalty assessment imposed of up to $10,000 per violation at the City’s discretion.
SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. - Add the following paragraph:
Contractor shall notify Underground Service Alert (USA) at 1 (800) 227-2600, two working days prior to starting work, and must submit verification number to the City prior to starting work. 6-1.2 Commencement of the Work. - Amend the second sentence as follows:
“The work shall start within 10 days thereafter, and be diligently prosecuted to completion within the Contract Time.”
6-3 TIME OF COMPLETION.
6-4.1 General. - Add the following paragraphs:
If saturated soil is encountered during construction due to leaks in an existing utility, contractor shall remove saturated material and replace with a suitable backfill material until adequate compaction can be attained by verification from the City's Geotechnical Engineer.
Prior to any removal of saturated material, contractor shall discuss the methods of remediation with the City's representative. Approval from the City, or the City's representative, shall be obtained for any amount of saturated material removal in which the contractor anticipates to be compensated for, if approval is not obtained all costs shall be borne by the contractor.
Up to a 14 day delay in paving operations may be requested after all leaks have been resolved to provide time for excess moisture to dissipate, at no additional cost to the city, in lieu of removing and replacing the saturated soil. A no cost change order will be prepared to provide the contractor with additional contract time if such delay is requested by the City. 6-9 LIQUIDATED DAMAGES. The value of liquidated damages noted in this section is amended to five hundred dollars ($500) per working day.
6-10 NOTICE AND SERVICE THEREOF. Any notice required or given by one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by duly authorized representative of such party. Any such notice shall not be effective for any purpose whatever unless served in the following manner:
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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 “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 GC 32
indemnify and hold the City harmless from all costs and expenses including attorneys’ fees, in connection with such action.
SECTION 7 - MEASUREMENT AND PAYMENT
7-3 PAYMENT.
7-3.2 Partial and Final Payment. - Delete and replace with the following:
The closure date for the purpose of making monthly progress payments shall be assigned by the Engineer during the pre-construction meeting. Payment, less deductions, unearned work and retention, will be made within 30 days of the closure date. If a dispute exists between the City and the Contractor regarding an item included in the Contractor's Monthly Progress Payment Request, progress payments will be withheld until said dispute is resolved, in which case longer period of time will be required to make such payment. No such payment shall be required to be made, when in the judgment of the Engineer, the total value of the work since the last estimate amounts to less than $500.
If, in the opinion of the Engineer, work is not progressing according to the approved schedule, payments may be withheld until the Contractor returns to the approved schedule.
Deductions will be made for: (1) amounts due the Owner for equipment or material furnished or services rendered; (2) amounts due the Owner under the terms of the Contract; (3) amounts of any claims of lien filed with the Owner; (4) accrued amounts of liquidated damages; (5) amounts required to be deducted by Federal, State or local governmental authorities. From the balance thus determined will be deducted the amounts of all previous payments, and the remainder shall constitute the monthly payment due the Contractor.
A retention of five percent (5%) will be withheld from each and every progress payment to the Contractor. This percentage will remain constant throughout the duration of the Contract. The City shall make a progress payment within thirty (30) days after receipt of an undisputed and properly submitted payment request from Contractor pursuant to Public Contract Code section 20104.50.
After completion of the work to the satisfaction of the Engineer, the Engineer shall make a final estimate of the amount of work done. The City shall pay the entire sum so found to be due after deducting there from all previous payments and all amounts to be retained under the provisions of the Contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of thirty-five (35) days from and after the recordation of the Notice of Completion filed by the City.
As provided by paragraph 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the City to ensure performance under the Contract.
Substitute securities shall be deposited in a financial institution in a form acceptable to the City of Redlands. The financial institution shall be located within the City limits of the City of Redlands.
The Escrow Agreement to be used is set forth in Public Contract Code section 22300. 7-3.3 Delivered Materials. - Delete and replace with the following:
No payment will be made for materials or equipment delivered but not yet incorporated in the work.
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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.
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:
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(1) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law. (2) Subsurface or latent physical conditions differing from those indicated. (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.
B. That the City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of work shall issue a change order under the procedures described in the contract.
C. That, in the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. The Contractor shall retain any and all rights provided either by contract or by law which pertains to the resolution of disputes and protests between the contracting parties.
SECTION 11 - REMOVAL, RELOCATION OR PROTECTION OF
EXISTING UTILITIES
11-1. Pursuant to Government Code Section 4215 et seq, the City shall assume the responsibility between the parties to this contract, for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the site of the construction project for this contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids.
11-2. The Contractor shall be compensated for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not identified in the plans and specifications with reasonable accuracy and for equipment on the project necessarily identified during such work.
11-3. The Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the City, or the owner of the utility to provide for removal or relocation of such utility facilities.
11.4. The City shall not be required to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on adjacent to the site of construction, provided, however, nothing herein shall relieve the City from identifying main or trunk lines in the plans and specifications.
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11.5. Nothing herein shall preclude the City from pursuing appropriate remedy against the utility for delays which are the responsibility of the utility.
11.6. If the Contractor, while performing the contract, discovers utility facilities not identified by the City in the contract plans or specifications, Contractor shall immediately notify the City and the utility in writing.
11.7. The public utility, when it is the owner, shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price.
11.8. Contractor shall comply with Government Code Section 4216 through 4216.9.
11.9. Conduits from existing street light and traffic signal systems may be encountered during construction of this project. All removals, relocations, and/or replacements of existing conduit systems shall be performed in accordance with these specifications and City standards, by a qualified electrical contractor. All costs for said work shall be borne by the Contractor and paid as a part of the various items of work requiring such removals, relocations, and/or replacements, and no other compensation shall be made therefore.
SECTION 200 - ROCK MATERIALS
200-2 UNTREATED BASE MATERIALS.
200-2.1 General. - Amend the first paragraph as follows:
“Materials for use as untreated base or subbase shall be classified in the order of preference as follows:
Crushed Aggregate Base
Crushed Miscellaneous Base
Pulverized Miscellaneous Base.”
200-2.4.1 General. - Delete the second sentence and replace with the following:
“The material shall be free of deleterious material as defined in 200-1.1.” 200-2.4.2 Grading. - Amend the first sentence of paragraph 1 as follows:
“The material shall be uniformly graded and shall conform to the ‘fine’ gradations:” 200-2.5.1 General. - Delete the third sentence and replace with the following:
“The material shall be free of deleterious material as defined in 200-1.1.” 200-2.8.1 General. - Amend as follows:
Delete the second sentence of paragraph 1 and replace with the following:
“Pulverized miscellaneous base may contain underlying base material.” Delete the third sentence of paragraph 1 and replace with the following:
“The material shall be free of deleterious material as defined in 200-1.1.” GC 36
SECTION 201 - CONCRETE, MORTAR AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE.
201-1.1.1 General - Add the following paragraph:
The Contractor shall furnish the Engineer in the field with a copy of the mix design to be used, and with a legible certified weighmaster's certificate for each load of PCC delivered to the project.
PCC delivered to the project site having a water content and/or slump greater than that specified in the mix design, shall be rejected and removed from the project site. 201-1.1.2 Concrete Specified by Class and Alternate Class - Amend Table 201-1.1.2.(A) as follows:
Street Surface Improvements section -
All concrete in this section shall have a minimum compressive strength at 28 days of 22,410 kPa (3,250 pounds per square inch), and meet the requirements of class 330-C-23 (560-C-3250) concrete.
Sewer & Storm Drain Facilities section, Sidehill Surface Drainage Facilities subsection - All concrete in this subsection shall have a minimum compressive strength at 28 days of 22,410 kPa (3,250 pounds per square inch), and meet the requirements of class 330-C-23 (560-C-3250) concrete.
201-1.4.3 Transit Mixers. - Replace the first sentence in paragraph 6 with the following:
The total elapsed time between addition of water at the batch plant and the completion of the discharge of the PCC from the mixer, shall not exceed ninety (90) minutes. All PCC remaining in the mixer, after said ninety (90) minutes time limit, shall be rejected and removed from the project site.
SECTION 203 - BITUMINOUS MATERIALS
203-3 EMULSIFIED ASPHALT.
203-3.1 General. - Modify the section by adding the following:
Asphalt emulsion shall be a QUICKSET ANIONIC OR CATIONIC EMULSIFIED ASPHALT conforming to the requirements of Subsection 203-1.3, “Test Reports and Certification”, and Subsection 203-1.2, “Testing Requirements” of the Standard Specifications.
The latex additive shall be Ultra Pave 70 (for anionic) or Ultra Pave 65 K (for cationic) or an approved equal. The latex shall be added at the emulsion plant after weighing the asphalt and before the addition of mixing water. The latex shall be added at a rate of two to two-and-one-half (2 to 225) parts to one-hundred (100) parts of emulsion by volume. 203-5 SLURRY SEAL.
GC 37
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. Asphalt concrete for Type D1 or Type D2 curb shall be D2 –PG 70-10.
SECTION 206 - MISCELLANEOUS METAL ITEMS
206-7 TRAFFIC SIGNS.
206-7.1 General. The Contractor shall furnish or relocate and erect all traffic signage as required and specified.
GC 38
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 additional tests until the required compaction is obtained and withhold from the final payment due the Contractor, the cost of all such additional tests. To be acceptable, tests must be ordered and witnessed by the City. Tests will be ordered by the City and performed at a location and depth as directed by the City. The Contractor shall assist the City in performing these tests as necessary. The Contractor shall provide to the City the maximum dry density and the optimum moisture content results of backfill and bedding material when requested by the City.
SECTION 214 - TRAFFIC STRIPING, CURB AND PAVEMENT
MARKINGS, AND PAVEMENT MARKERS
214-4 PAINT FOR STRIPING AND MARKINGS.
214-4.1 General. - Amend the first sentence in paragraph 4 as follows:
“Glass beads conforming to 214-3 shall be mechanically applied at a rate of 0.6 to 0.8 kg of beads per liter (5 to 7 pounds of beads per gallon).”
GC 39
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 and gutter, cross gutters, and spandrels are replaced. Removal of all sidewalks shall be replaced within three (3) calendar days.
3. Saw cut and removal of poles, posts, PCC pavements, curb, gutter, and sidewalk. Holes resulting from removal of existing poles and posts from existing PCC, AC pavements and curbs and gutters, shall be filled or patched with like materials. Self-propelled drop hammers will not be allowed for removals.
4. Removal of all raised pavement markers not conforming to the approved plan or conflicting with the proposed striping as shown on the plans in accordance with Subsection 312-3, Removal, of the Standard Specifications.
5. Removal and disposal of boulders, rock or PCC.
6. All trees and shrubs less than 3m (9 ft) directly above the entire sidewalk surface shall be trimmed and removed by the contractor to allow a clear path of travel for pedestrians.
7. Irrigation system relocation:
GC 40
Any irrigation systems in conflict with the proposed improvements that are removed, damaged, disturbed, or broken shall be modified, repaired, and/or replaced to be operable and provide full irrigation coverage to the areas requiring irrigation using new materials, equal or better than the original materials, with 20 mm (3/4 in) Schedule 40 PVC being the minimum acceptable for underground lines and 13 mm (1/2 in) Schedule 80 being minimum acceptable for risers and with the systems not being out of operation for more than two (2) days. No payment for work associated with the irrigation repair will be released, until all irrigation is complete, operable and accepted by the City.
All trees, shrubbery and lawns deprived of normal irrigation watering due to a disruption of service caused by the Contractor’s operations shall be regularly and thoroughly irrigated by the Contractor so that said plantings will not be damaged. If any trees, shrubbery or lawns die or suffer unacceptable damage as a result of or precipitated by the Contractor’s operations the Contractor shall replace same with the same plant species and size. Existing grass lawns within areas that must be excavated and/or re-graded shall be cut into approximate 305 mm (1 ft) squares, removed, protected, cared for and replaced as soon as possible. Dead, dying, and unacceptably damaged grass shall be replaced with new grass sod.
8. Existing inlets, slotted drains, drainage pipes, concrete gutters, drainage pipes, where any portion of such structure is within 1m of the grading plane in the excavation areas, or within 300 mm (1 ft) of original ground in embankment areas, or where shown on the plans to be removed, shall be completely removed and disposed of accordingly.
9. Removal and disposal of existing drainage inlet structure and PCC or AC apron.
10. The Contractor shall dispose all materials not being salvaged outside of the right-of-way and shall pay for all costs for disposal.
11.Removal and disposal of any abandoned utilities that may interfere with the improvements.
12.Self-propelled drop hammers will not be allowed for removals. 300-1.3.1 General. - Add the following paragraphs:
The Contractor shall dispose portland cement concrete, stone rubble, and brick at an approved dump site.
All reprocessed asphaltic cement concrete may be placed as the lower course of crushed aggregate base material. If the Contractor chooses not to reprocess the material, disposal at an approved dump site shall be required. All costs for disposal shall be borne by the Contractor. If the Contractor chooses to reprocess material, it shall be protected and remain contaminate-free, otherwise disposal at an approved dump site will be required with all costs borne by the Contractor.
All reprocessed asphaltic cement concrete to be used as crushed aggregate base shall be ground to conform to Section 200-2.2.
GC 41
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:
“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.”
GC 42
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.