3. Provide any temporary piping needed to carry the test fluid to the piping that is to be tested. After the test has been completed and demonstrated to comply with the Redlands Regular Meeting of 02-17-26
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specifications, disconnect and remove temporary piping. Do not remove exposed vent and drain valves at the high and low points in the tested piping; remove any temporary buried valves and cap the associated outlets. Plug taps or connections to the existing piping from which the test fluid was obtained.
4. Provide temporary drain lines needed to carry testing fluid away from the pipe being tested. Remove such temporary drain lines after completing the pressure testing.
Drain the pipes after they have been tested.
5. Prior to starting the test, the Contractor shall notify the Owner's Representative.
6. All appurtenances must be installed on the pipeline prior to pressure testing, service laterals shall be tested to the angle meter stop.
B. Cleaning
1. Before conducting hydrostatic tests, flush pipes with water to remove dirt and debris. Maintain a flushing velocity of at least 3 fps for water testing. Flush pipes for time period as given by the formula
T = 2L
3 in which:
T = flushing time (seconds)
L = pipe length (feet).
C. Testing and Disinfection Sequence for Potable Water Piping
1. Perform required disinfection after hydrostatic testing, except when pipeline being tested is connected to a potable waterline.
2. Locate and install test bulkheads, valves, connections to existing pipelines, and other appurtenances in a manner to provide an air gap separation between existing potable water pipelines and the pipeline being tested. Disinfect water and pipeline being tested before hydrostatic testing when connected to a potable waterline.
D. Length of Test Section for Buried Piping
The maximum length of test section for buried pipe of 12 inches or smaller in diameter is 3,500 feet; for buried pipe larger than 12 inches, 1 mile. Provide intermediate test bulkheads where the pipeline length exceeds these limits.
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E. Initial Pipeline Filling for Hydrostatic Testing
Maximum rate of filling shall not cause water velocity in pipeline to exceed 1 fps. Filling may be facilitated by removing automatic air valves and releasing air manually.
F. Testing New Pipe Which Connects to Existing Pipe
Prior to testing new pipelines which are to be connected to existing pipelines, isolate the new line from the existing line by means of test bulkheads, spectacle flanges, or blind flanges. After the new line has been successfully tested, remove test bulkheads or flanges and connect to the existing piping.
All bulkheads, flanges and the extents of testing shall be included in the Connection Submittal as described in Section 01110 of the General Requirements.
G. Hydrostatic Testing of Aboveground or Exposed Piping
1. Open vents at high points of the piping system to purge air while the pipe is being filled with water. Venting during system filling may also be provided by temporarily loosening flanges.
2. Subject the piping system to the test pressure indicated. Maintain the test pressure for a minimum of two (2) hours or for as long as required for proper inspection of the joint. Examine joints, fittings, valves, and connections for leaks. The piping system shall show zero leakage or weeping. Correct leaks and retest until zero leakage is obtained.
H. Hydrostatic Testing of Buried Piping
1. Where any section of the piping contains concrete thrust blocks or encasement, do not make the pressure test until at least 10 days after the concrete has been placed.
When testing mortar -lined or PVC piping, fill the pipe to be tested with water and allow it to soak for at least 24 hours to absorb water before conducting the pressure test.
2. Apply and maintain the test pressure by means of a positive displacement hydraulic force pump.
3. Maintain the test pressure for not less than two (2) hours, and for as much longer as necessary for proper inspection of the joint, by restoring it whene ver it drops an amount of 5 psi.
4. After the test pressure is reached, use a meter to measure the additional water added to maintain the pressure. This amount of water is the loss due to leakage in the piping system. The allowable leakage volume is defined by the formula:
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L = HND(P)1/2
C
in which:
L = allowable leakage (gallons)
H = specified test period (hours)
N = number of rubber-gasketed joints in the pipe tested D = diameter of the pipe (inches)
P = specified test pressure (psig)
C = 7,400
5. The allowable leakage for buried piping having threaded, brazed, or welded (including solvent welded) joints shall be zero.
6. Repair and retest any pipes showing leakage rates greater than that allowed in the above criteria.
I. Repetition of Test
If the actual leakage exceeds the allowable, locate and correct the faulty work and repeat the test. Restore the work and all damage resulting from the leak and its repair. Eliminate visible leakage.
J. Bulkhead and Test Facility Removal
After a satisfactory test, remove the testing fluid, remove test bulkheads and other test facilities, and restore the pipe coatings.
K. Test Pressure
1. Testing pressure (psig) shall be 225 or as specified on the drawings.
END OF SECTION
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DUCTILE-IRON PIPE 15240-1
SECTION 15240 DUCTILE-IRON PIPE
PART 1 - GENERAL
A. Description
This section describes materials, testing, and installation of ductile -iron pipe and fittings 30 inches and smaller.
B. Related Work Specified Elsewhere
1. Trenching, Backfilling, and Compacting: SSPWC Sections 200, 300, and 306
2. Painting and Coating: 09900.
3. General Piping Requirements: 15050.
4. Flexible Pipe Couplings and Expansion Joints: 15122.
5. Corporation Stops and Service Saddles: 15123.
6. Disinfection of Piping and Structures: 15141.
7. Pressure Testing of Piping: 15144.
C. Submittals
1. Submit shop drawings in accordance with the Special Conditions.
2. Provide an affidavit of compliance with standards referenced in this specification, e.g., AWWA C151. Submit copy of report of pressure tests for qualifying the designs of all sizes and types of AWWA C153 fittings that are being used in the project. The pressure test shall demonstrate that the minimum safety factor described in AWWA C153, Section 5.5 is met.
3. Provide the following information:
a. Mortar lining thickness.
b. Wall thickness.
c. Show deflections at push-on and mechanical joints.
d. Submit joint and fitting details and manufacturer’s data sheets.
4. Submit calculations and test data proving that the proposed restrained joint arrangement can transmit the required forces with a minimum safety factor of 1.5.
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5. Submit certificate that cement for mortar lining complies with ASTM C 150, designating type.
6. Submit test report on physical properties of rubber compound used in the gaskets.
7. Submit drawing or manufacturer's data sheet showing flange facing, including design of facing serrations.
D. Measurement and Payment
See Section 01200.
PART 2 - MATERIALS
A. Pipe
Pipe shall be cast ductile (nodular) iron, conforming to AWWA C151. Provide pipe in nominal 18- or 20-foot laying lengths.
B. Pipe Marking
Plainly mark each length of straight pipe and each fitting at the bell end to identify the design pressure class, the ductile -iron wall thickness, and the date of manufacture. Mark the spigot end of restrained joint pipe to show clearly the required depth of insertion into the bell.
C. Design Criteria
1. Obtain the following information from the contract documents:
a. Elevation of the pipe invert and of the completed ground. b. Alignment of the pipeline.
c. Field test hydraulic gradient elevation (HGL).
d. Nominal internal diameter, ID.
e. Design internal pressure class.
f. Joint types(s).
D. Pipe Wall Thickness
1. Minimum wall thicknesses for pipe having grooved -end joints shall be as shown in the following table:
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Pipe and Fitting Sizes
(inches) Wall Thickness*
16 and smaller Special Class 53
18 Special Class 54
20 Special Class 55
24 to 36 Special Class 56
*Special Class and Pressure Class per AWWA C151.
2. Minimum wall thickness for pipe having push -on or mechanical joints, restrained joints, plain ends, or cast flange ends shall be Class 150, unless otherwise shown in the drawings.
3. Minimum wall thickness for pipe having threaded flanges shall be Special Class 53.
4. Minimum pipe wall thickness required for corporation stops and tapped outlets shall be in accordance with Table A.1 of AWWA C151 for three full threads for design pressures up to 250 psi and four full threads for design pressures over 250 to 350 psi.
E. Fittings
1. Fittings 48 inches and smaller shall conform to AWWA C110 with a minimum pressure rating of 250 psi. Material shall be ductile iron. Flanges shall be flat faced.
2. Mechanical joint fittings conforming to AWWA C153 may be used in lieu of AWWA C110 fittings.
3. Grooved-end fittings shall conform to AWWA C110 with grooved ends conforming to AWWA C606, radius cut rigid joints. Fitting material shall conform to ASTM A 48, Class 30; ASTM A 126, Class B; or ASTM A 536, Grade 65 -42-
10. Wall thickness of ductile-iron (ASTM A 536) fittings shall conform to AWWA C110 or C153; wall thickness of cast -iron fittings shall conform to AWWA C110.
Fittings and couplings shall be furnished by the same manufacturer.
4. Material for fittings with welded-on bosses shall have a Charpy notch impact value of minimum 10 ft -lbs under the conditions defined in AWWA C151. Test completed welds by the liquid penetrant method per ASTM E 165.
F. Flanges
1. Flanges shall be solid back, Class 125 per AWWA C115. Flanges on pipe shall be either cast or threaded. Material shall be ductile iron.
2. Flanged pipe and fittings shall be shop fabricated, not field fabricated. Threaded flanges shall comply with AWWA C115. Flanges shall be individually fitted and machine tightened in the shop, then machined flat and perpendicular to the pipe Redlands Regular Meeting of 02-17-26
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DUCTILE-IRON PIPE 15240-4
barrel. Flanges shall be backfaced parallel to the face of flange. Prior to assembly of the flange onto the pipe, apply a thread compound to the threads to provide a leak-free connection. There shall be zero leakage through the threads at a hydrostatic test pressure of 250 psi without the use of the gasket.
G. Pipe Lining--Cement Mortar
1. Line pipe interior and fittings with cement -mortar per AWWA C104. Lining thickness shall be the single thickness listed in AWWA C104, Section 4.7. Lining material shall conform to ASTM C 150, Type II.
2. Line blind flanges per Section 09900, System No. 7.
3. Loose areas of cement -mortar lining are not acceptable. Remove and reconstruct lining in areas where quality is defective, such as sand pockets, voids over sanded areas, blisters, drummy areas, cracked areas, and thin spots. Longitudinal cracks in excess of 1/32 inch in width or where crack extends to metal shall be repaired.
Repair all cracks larger than 1/16 inch per AWWA C104.
H. Grooved-End Couplings
1. Grooved-end pipe couplings shall be ductile iron, ASTM A 536 (Grade 65 -45-12).
Gaskets shall be halogenated butyl rubber or EPDM and shall conform to ASTM D 2000.
2. Bolts in exposed service shall conform to ASTM A 193, Grade B8, Class 2. Bolts in buried or submerged service shall be ASTM A 193, Grade B8, Class 2.
3. Couplings for pipe 24 inches and smaller shall conform to AWWA C606 for flexible radius ductile-iron pipe, except where rigid radius couplings are required to connect to fittings. Couplings for pipe sizes 30 and 36 inches shall be in accordance with the coupling manufacturer's published literature for tolerances and dimensions for flexible and rigid radius cut joints. Couplings shall be Victaulic Style 31, Gustin-Bacon No. 500, or equal.
4. Couplings for pipe larger than 36 inches shall conform to AWWA C606 for shouldered end pipe. Couplings shall be Victaulic Style 44 or equal.
5. Grooved-end adapter flanges for piping 24 inches and smaller having an operating pressure of 150 psi and less shall be Victaulic Style 341 or 342 or equal. Flange dimensions shall conform to ANSI B16.1, Class 125.
6. Grooved-end transition couplings for connecting ductile -iron pipe 12 inches and smaller to steel pipe shall be Victaulic Style 307 or equal.
I. Gaskets for Flanges
See Section 15050.
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J. Gaskets for Mechanical, Push-On, and Restrained Joints Synthetic rubber in accordance with AWWA C111.
K. Bolts and Nuts for Flanges
See Section 15050.
L. Outlets and Nozzles
1. Provide outlets 2 inches and smaller by tapping the pipe and attaching a service clamp as specified in Section 15123 or use a threaded welded -on boss. Use Type 2 clamps for exposed piping. Use Type 2 clamps for buried and submerged piping.
2. For outlets larger than 2 inches, use a tee with a flanged outlet.
M. Joints
1. Joints in aboveground or s ubmerged piping or piping located in vaults and structures shall be grooved end or flanged.
2. Joints in buried piping shall be of the push -on type per AWWA C111 except where flanged joints are required to connect to valves, meters, and other equipment.
Provide unrestrained buried joints except where restrained joints are specifically shown in the drawings.
3. Restrained joints for piping 6 inches and larger shall be American Cast Iron Pipe "Lok-Ring" or "Flex-Ring," U.S. Pipe "TR -Flex," or equal. Field Lok 350 Gasket or approved equal and mechanical joint restraints as called out in Section 15240 Part 2.N may be used in lieu of restrained pipe joints.
4. Where thrust restraint is called for in the drawings, provide pipe with restrained joints capable of transmitting 1.5 times the thrust, as calculated by the following equation:
T = 1.5 * (0.785 * P * D2)
where:
P = Pressure class of pipe in psi.
D = Outside diameter of pipe in inches.
T = Thrust in pounds.
N. Mechanical Joint Restraint System Using Follower Ring and Wedges The restraining mechanism shall consist of a follower gland having a seal gasket and individually actuated wedges that increase their resistance to pullout as pressure or external forces increase. The system manufacturer shall provide all the components (follower ring, wedges, and gaskets) for the restraining device. The device shall be Redlands Regular Meeting of 02-17-26
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capable of full mechanical joint deflection during assembly, and the flexibility of the joint shall be maintained after burial. The joint restraint ring and its wedging components shall be constructed of ductile iron conforming to ASTM A 536, Grade 60 -42-10. The wedges shall be ductile iron, heat-treated to a minimum hardness of 370 BHN. Dimensions of the gland shall be such that it can be used with mechanical joint bells conforming to AWWA C111 and AWWA C153. The design shall use torque limiting twist -off nuts to provide actuation of the restraining wedges. The mechanical joint restraint shall be available in the size range of 3 through 48 inches. Minimum rated pressure shall be 350 psi for sizes 16 inches and smaller and 250 psi in sizes 18 inches and larger. Products: Megalug Series 1100 as manufactured by EBAA Iron, Inc., or equal.
O. Ductile-Iron Pipe Weldments
1. All welding to ductile-iron pipe, such as for bosses and joint restraint shall be done at the place of manufacture of the pipe. Perform welding by skilled welders experienced in the method and materials to be used.
PART 3 - EXECUTION
A. Delivery, Unloading, and Temporary Storage of Pipe at Site
1. Use unloading and installation procedures that avoid cracking of the lining.
2. Deliver the pipe alongside the pipe laying access road over which the pipe trailer -tractors can travel under their own power. Place the pipe in the order in which it is to be installed and secure it from rolling.
3. Do not move pipe by inserting any devices or pieces of equipment into the pipe barrel.
Field repair linings damaged by unloading or installation procedures.
B. Sanitation of Pipe Interior
1. During laying operations, do not place tools, clothing, or other materials in the pipe.
2. When pipelaying is not in progress, close the ends of the installed pipe by a child - and vermin-proof plug.
C. Installing Flanged Pipe and Fittings
Install in accordance with SSPWC Section 306 and as follows. Cut the bore of the gaskets such that the gaskets do not protrude into the pipe when the flange bolts are tightened.
D. Installing Grooved-End Pipe and Fittings
See Section 15050.
E. Installing Buried Piping
1. Install in accordance with Section 02223 and as follows.
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2. When installing piping in trenches, do not deviate more than 1 inch from line or 1/4 inch from grade. Measure for grade at the pipe invert.
3. Provide thrust blocks at fittings per Drawings.
4. Assemble restrained joints per manufacturer's instructions.
F. Joint Deflections for Buried Pipe
1. Do not exceed the following deflection angles for unrestrained buried pipe joints:
Pipe Size
(inches)
Maximum Deflection (degrees)
Push-On Joint Mechanical Joint
4 4 6-1/2
6 4 5-1/2
8 4 4
10 4 4
12 4 4
14 4 3
16 4 3
18 4 2-1/2
20 4 2-1/2
24 4 2
30 4 N/A
2. For restrained joints, do not exceed 80% of the manufacturer's recommended maximum deflections.
3. Small angular changes (less than 7 degrees) in horizontal alignment defined in the drawings by a point of inflection (PI) with no accompanying curve data shall be approximated as a curve by deflecting by equal amounts equal length pipe segments to create a curve equally distributed on both sides of the given PI.
Accomplish a larger (greater than or equal to 7 degrees) change in horizontal alignment where a curve is not called for in the drawings through the use of an elbow placed at the station of the PI shown in the drawings. Provide thrust restraint as required in the drawings.
4. Small angular changes (less than 5 degrees) in vertical alignment may be accomplished by the use of pulled joints. For larger vertical deflections, place an elbow at the station and elevation of the vertical PI shown in the drawings. Provide thrust restraint as required in the drawings.
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5. Assemble joints in accordance with AWWA C600 and the manufacturer's recommendations.
G. Installing Aboveground or Exposed Piping
See Section 15050.
H. Painting and Coating
1. Provide asphaltic coating on buried pipe per AWWA C151.
I. Polyethylene Encasement of Buried Pipe and Fittings
Not used.
J. Hydrostatic Testing
Test pressures are shown in Section 15144. Test in accordance with Section 15144.
END OF SECTION
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CEMENT MORTAR LINED & COATED STEEL PIPE 15250-1
SECTION 15250 CEMENT-MORTAR LINED & COATED STEEL PIPE
AND SPECIALS
PART 1 - GENERAL
1.01 DESCRIPTION
This section includes materials, design, fabrication, and installation of cement -mortar lined and coated steel pipe and specials.
1.02 REFERENCE STANDARDS
The publications listed below form part of this specification to the extent referenced and are referred to in the text by the basic designation only. Reference shall be made to the latest edition of said standards unless otherwise called for.
AWWA C200 Steel Water Pipe - 150 mm (6 inch) and Larger AWWA C205 Cement-Mortar Lining and Coating for Steel Water Pipe 100 mm (4 ") and larger Shop Applied
AWWA C206 Field Welding of Steel Water Pipe
AWWA C207 Steel Pipe Flanges For Waterworks Service 100 mm (4") and larger AWWA C208 Dimensions for Fabricated Steel Pipe Fittings AWWA C217 Cold-applied Petroleum Tape Coatings
AWWA C606 Grooved and Shouldered Joints
AWWA M11 Steel Pipe-Guide for Design and Installation
ASTM A47/A47M Standard Specification for Ferritic Malleable Iron Castings ASTM A36/A36M Standard Specification for Carbon Structural Steel ASTM A53 Standard Specification for Pipe, Steel, Black & Hot Dipped, Zinc -Coated, Welded, and Seamless
ASTM A105 Standard Specification for Carbon Steel Forgings for Piping Applications ASTM A183 Standard Specification for Carbon Steel Track Bolts and Nuts ASTM A216 Standard Specification for Steel Castings, Carbon, Suitable for Fusion Welding for High Temperature Service
ASTM A283/A283M Standard Specification for Low and Intermediate Tensile Strength Carbon Steel Plates
ASTM A307 Standard Specification for Carbon Steel Bolts and Studs ASTM A536 Standard Specification for Ductile Iron Castings ASTM A568/A 568M Standard Specification for Steel, Sheet and Strip, Carbon, Hot-Rolled, Structural Quality and Cold Rolled
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ASTM A1018 / A1018M - 10 Standard Specification for Steel, Sheet and Strip, Heavy - Thickness Coils, Hot -Rolled, Carbon, Commercial, Drawing, Structural, High-Strength Low -Alloy, High -Strength Low -Alloy with Improved Formability, and Ultra-High Strength
ASTM D2000 Standard Classification System for Rubber Products ANSI B1.1 Unified Inch Screw Threads
ANSI B1.2 Gages and Gauging for Unified Inch Screw Threads ANSI B1.20.1 Pipe Threads, General Purpose (Inch)
1.03 RELATED WORK SPECIFIED ELSEWHERE
A. City of Redlands Water Systems Specifications
B. Technical Specifications 15050, 15122, 15141 and 15144.
1.04 SERVICE APPLICATION
Cement-mortar lined and coated steel pipe and specials shall be used only for specific purposes as shown on the Approved Plans.
1.05 SPECIALS
A special is defined as any piece of pipe other than a normal full length of straight pipe. This includes, but is not limited to, elbows, short pieces, reducers, tees, crosses, spools, sections with outlets, beveled sections and manholes.
1.06 DESIGN REQUIREMENTS
A. All steel used for pipe or specials shall have a 248 MPa (36,000 psi) minimum yield point unless otherwise directed by the engineer. See material information concerning steel designation below.
B. Design stress in steel cylinders shall not exceed 50% of the specified minimum yield strength of the steel used. The internal operating pressure used for design sh all be a minimum 225 psi or as called for on the Approved Plans, whichever is greater. If no specific surge analysis has been performed, the internal operating pressure used in circumferential stress calculations shall include at least a 10% increase for surge conditions. No allowance shall be made for the tensile strength of the cement mortar lining and coating.
C. Specials shall be designed per AWWA M11 and as a minimum shall conform to the pressure rating, grade of steel and cylinder thickness of the adjoining standard pipe sections. Fitting dimensions shall conform to AWWA C208. Reinforcing collars, wrappers, crotch plates, and anchor rings shall be designed and fabricated per AWWA M11.
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CEMENT MORTAR LINED & COATED STEEL PIPE 15250-3
1. Outlets may be built into the wall of the pipe or may be fabricated as steel plate specials. Outlets to be installed on straight pipe lengths shall be welded to the steel cylinder of the pipe prior to application of mortar coating to the cylinder.
Outlets of size 50 mm (2 ") and smaller in piping 100 mm (4 ") and larger shall be of the threaded outlet type or shall be extra -heavy half couplings to fit the pipe in accordance with AWWA M11. Outlets shall be 1360 kg (3,000 lb.) WOG forged steel per ASTM A105. Threads shall comply with ANSI B1.20.1. Outlets larger than 50 mm (2") shall use a tee or nozzle with a flanged outlet. All outlets larger than 50 mm (2 ") in diameter shall be provided with steel reinforcing collars, wrapper plates, or crotch plates per AWWA M11. At the option of the manufacturer, wrappers may be used in place of collars, and crotch plates may be used in place of collars or wrappers.
2. On 50 mm (2 ") and smaller outlets where nylon insulation bushings are to be used, the outlet shall be increased in size to accept the bushing.
3. Tees, wyes, and crosses shall be dimensioned in accordance with AWWA C208, Table 1, or as modified on the Approved Drawings.
4. Bends shall have a minimum radius of not less than 2½ times the pipe diameter unless otherwise approved by the City. The maximum deflection at mitered girth seams shall be 22½ degrees. At the option of the Contractor, a bend may be welded to the adjacent pipe section.
5. All specials shall be marked at both ends of the fitting with "Field Top " indicators.
D. Nominal cylinder thickness for pipe and specials shall be 10 gage or as directed by the City.
E. Standard pipe sections shall not be less than 6m (20 ') nor more than 12m (40 ') in length, except where shorter lengths are required to fit horizontal and vertical alignment or are otherwise shown on the Approved Plans.
F. Pipe ends shall be as follows:
1. Lap Welded Joints: Use expanded bell with matching spigot end.
2. Flanges: Flanges for use in construction of Steel Pipe shall be as described below.
a. AWWA C207, Class D flanges (matching ANSI/ASME B16.1, Class 125 flanges for bolt hole size and drilling) shall be used for pressures up to
1.03 Pa (150 psi).
b. AWWA C207, Class E flanges (matching ANSI/ASME B16.1, Class 125 flanges for bolt hole size and drilling) shall be used for pressures between
1.03 MPa and 1.72 MPa (150 psi and 250 psi).
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c. AWWA C207, Class F flanges (matching ANSI/ASME B16.1, Class 250 flanges for bolt hole size and drilling) shall be used for pressures between
1.72 MPa and 2.07 MPa (250 psi and 300 psi) or when Class 250 butterfly valves or other appurtenances using flanges corresponding to AWWA C207 Class F are required.
d. Flanges shall be flat -faced type only . Segmented flanges shall not be used.
3. Butt Straps : Use two -piece ro lled steel straps with a nominal thickness of
6.35 mm (¼"), and a minimum width of 250 mm (10 "). Straps shall be fabricated to snugly fit over the plain pipe ends, and shall be centered over the ends of the pipe sections to be joined. Weld one or more standard 125 mm (5 "), 1361 kg (3000 lb.) threaded half -couplings to the butt strap section . Provide a threaded steel plug for each half-coupling.
4. Grooved-End or Shouldered Couplings: Use square -cut shouldered or grooved ends per AWWA C606. Grooved -end couplings shall be malleable iron per ASTM A 47, or ductile -iron per ASTM A 536. Gaskets shall be per ASTM D 2000. Nuts and bolts in exposed service shall conform to ASTM A 183, 758.43 MPa (110,000 psi) tensile strength.
5. Flexible Pipe Couplings : Use plain -end pipe with flexible pipe couplings per AWWA C200. Provide joint harnesses per AWWA M11 where indicated on the Approved Plans.
6. Bell and Spigot with Rubber Gasket : In accordance with AWWA C200 and AWWA M11. Bell ends that are pressed or rolled shall be limited to maximum pipe diameter of 525 mm (21”) nominal.
G. Angles or Curves in Alignment : Minor changes of direction in the grade or alignment may be made by a deflection in the joint up to a maximum of 19 mm (¾ ") on one side of the joint. For greater angular deflections, pipe with ends beveled up to a maximum of 5° measured from a plane perpendicular to the pipe 's axis may be used. The short point on the bevel shall be so marked on the pipe. Pipe length shorter than 6m (20 ') may be used on curves. Where curves that have a shorter radius than can be accommodated by beveled pipe are required, or where indicated on the Approved Plans, special short -radius bends shall be provided.
H. Mortar Coating and Lining : Use coatings and linings conforming to AWWA C205. All exterior metal surfaces intended for direct buried service shall be coated.
I. The exterior surfaces of areas of pipes and fittings that are not mortar coated, such as flanges, grooved ends, or plain ends for butt -straps or flexible couplings, shall be sandblasted in accordance with SSPC -SP10 - Near White Blast Cleaning, and coated in accordance with Section 09900.
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J. The term "diameter of pipe" as used in these specifications or as shown on the Approved Plans shall mean the net inside diameter of the mortar lining.
1.07 QUALITY ASSURANCE
A. In addition to the shop hydrostatic testing performed on pipe cylinders required per AWWA C200, all welds of specials and attachments (i.e., joint rings and nozzles) shall be tested by a dye -penetrate process or the hammer test in accordance with the Water Systems Standard Specifications, or as directed by the City . Certification of such testing shall be submitted to the City.
B. Field welders shall be certified under Section IX, Part A of the ASME Boiler and Pressure Vessel Code or in accordance with AWWA C206, Section 3. Welders shall present a copy of their certification to the City prior to performing any field welding.
Certifications shall be dated within three (3) years of the job to be performed.
C. Plainly mark each length of straight pipe and each special at the bell end to identify the proper location of the pipe item by reference to the layout schedule.
D. The top of all pipe and specials shall be clearly identified by marking the top with "T.O.P." for easy identification in the field.
1.08 DELIVERY, STORAGE, AND HANDLING
Delivery, storage, and handling of the pipe and specials shall be as follows:
A. Pipe and fittings shall be carefully handled and shall be protected against damage to linings and coatings due to impact shocks Pipe shall not be placed directly on rough ground but shall be supported in a manner which will protect the pipe against injury whenever stored at the site or elsewhere. Pipe shall be handled and stored per these requirements and in accordance with the Manufacturer's recommendations.
B. Temporary internal bracing shall be installed in all pipe 400 mm (16 ") and larger prior to shipment to the job site. Temporary internal bracing shall be 100 mm x 100 mm (4 " x 4") wooden struts installed in both the horizontal and vertical directions. Each set of struts shall be nailed together as a unit. Wooden wedges may be used to maintain the proper tight fit of the internal bracing. The bracing shall be located 300 mm (12 ") in from each end of the pipe section for all pipe, and additionally at the mid -point for piping 600 mm (24") and larger. Maintain internal bracing as specified under Pipe Installation.
C. Transport pipe to the job site on padded bunks with nylon tie -down straps or padded bonding to protect the pipe.
D. Pipes and specials shall only be handled with appropriate spreader bars and wide nylon slings. Chains or wire rope slings shall not be used . Under no circumstances shall pipe or specials be pushed or dragged along the ground. All pipe sections over 6m (20 ') in length shall be lifted at the quarter points from each end.
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CEMENT MORTAR LINED & COATED STEEL PIPE 15250-6
E. Store pipe on earth berms or timber cradles adjacent to the trench in the numerical order of installation. Place the supports at about the one-quarter point from the pipe ends.
F. Maintain plastic end caps on all pipe and specials in good condition until the pipe is ready to be installed in the trench. Periodically open the plastic end caps and spray potable water inside the pipe for moisture control.
1.09 SUBMITTALS
The following items shall be submitted to the City for review and approval prior to fabrication of steel pipe and specials:
A. An affidavit of compliance with AWWA C200 and C205.
B. Tabulated layout schedule including:
1. Order of installation and closures.
2. Pipe station and bottom of pipe (BOP) elevation at each change of grade and alignment.
3. Elements of curves and bends, both in horizontal and vertical alignment.
4. Pipe internal diameter, wall thickness, and internal design pressure.
5. Locations of bulkheads for field hydrostatic testing . (Testing against valves shall not be permitted).
6. Locations of closures, including cut -to-fit allowances, for length adjustment and for construction convenience.
7. Locations of valves, flanges, appurtenances and other mechanical equipment.
C. Details of all specials, and of the lining and coating.
D. Calculations supporting the sizing of reinforcing collar plates, wrapper plates or crotch plates.
E. Calculations supporting selected wall thickness of pipe and specials.
F. Calculations supporting welded joint design and joint welding details.
G. Current shop welder and field welder certifications.
H. Mill test reports on each heat from which steel is rolled, at the discretion of the City.
I. Certification of dye-penetrate shop-weld testing.
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CEMENT MORTAR LINED & COATED STEEL PIPE 15250-7
1.10 WARNING/IDENTIFICATION TAPE
Warning/Identification Tape shall be installed on all cement -mortar lined and coated steel potable mains in accordance with Water Systems Standard Specifications.
PART 2 - MATERIALS
2.01 STEEL PIPE AND SPECIALS
Steel pipe and specials shall conform to the requirements of the AWWA C200 and C205, and AWWA M11, except as modified herein.
A. Steel for fabricated cylinders shall conform to ASTM A 36/A 36M, ASTM A 283/ A 283M, Grade D, or ASTM A 1011/A 1011M, Grade 36. Other steel grades may be used only upon approval of the City.
2.02 MORTAR LINING AND COATING
A. Cement used in mortar lining and coating shall be Portland Cement per ASTM C 150, Type V for coating and Type II or Type V for lining.
B. Cement-mortar coating shall be reinforced in accordance with AWWA C205.
C. Cement mortar grout for field joints shall consist of a mixture of 1½ to 2 parts sand to 1 part Type II or Type V Portland Cement with enough clean, potable water to permit packing and troweling without crumbling. The sand shall be washed, well -graded sand such that all will pass a No. 8 sieve. The quantity of water to be used in the preparation of grout shall be the minimum required to produce a mixture sufficiently workable for the purpose intended. Grout shall attain a minimum compressive strength of 12.4 MPa (1,800 psi) in 28 days.
D. In certain circumstances, rapid -setting mortar may be required. Acceleration admixtures may be used in the mix as permitted by the City. Calcium chloride shall not be used in the mix.
2.03 PAINTING AND COATING
A. Paint and coating products for exterior surfaces of all pipe and appurtenances not otherwise mortar -coated shall be in accordance with Section 099 00 and the Water Systems Standard Specifications.
B. Paint and coating products for areas in contact with potable water such plain ends of pipe, grooved and shouldered ends of pipe and exposed inside surfaces of threaded outlets and blind flanges shall be in accordance with Section 09900 and selected from the Water Systems Standard Specifications.
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CEMENT MORTAR LINED & COATED STEEL PIPE 15250-8
2.04 BOLTS AND NUTS FOR FLANGES
Bolts and nuts shall be in accordance with Section 09900 and the Water Systems Standard Specifications.
2.05 GASKETS
A. Rubber-ring gaskets shall comply with AWWA C200 according to the applicable joint type and pressure rating of the piping system.
B. Flange gaskets shall comply with AWWA C207. Flange gaskets shall be 3.18 mm (1/8”) thick acrylic or aramid fibers bound with nitrile for all sizes of pipe. Gaskets shall be full face type with pre -punched holes or ring -type extending to the inner edge of the bolt circumference of the flange.
C. In the event of encountering organic solvents or petroleum products during the course of the work, alternate gasket materials or joint treatment will b e required as directed by the City.
2.06 IMPORTED GRANULAR MATERIAL FOR PIPE AND TRENCH ZONES The imported granular material for use in pipe and trench zones shall be in accordance with the Special Provisions Section of the specification book.
2.07 CONCRETE
Concrete used for thrust and anchor blocks shall be in accordance with Water Systems Standard Specifications.
2.08 WARNING/IDENTIFICATION TAPE
Warning/Identification Tape materials shall be in accordance with the Water Systems Standard Specifications.
PART 3 - EXECUTION
3.01 GENERAL
At all times when the work of installing pipe is not in progress, including worker break times, the ends of the pipe shall be closed with a vermin -proof and child-proof cap or plug. Do not permit trench water to enter the pipe. Do not place tools, clothing, or other materials in the pipe. The Contractor shall maintain the interior of the pipe in a sanitary condition free from foreign materials.
3.02 TRENCH EXCAVATION, BACKFILL AND COMPACTION
Trenching, backfilling and compaction shall be performed in acco rdance with the Special Provisions Section of the specification book.
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CEMENT MORTAR LINED & COATED STEEL PIPE 15250-9
3.03 DEWATERING
The Contractor shall provide, and maintain at all times during construction, ample means and devices to promptly remove and dispose of all water from any source entering trench excavations or other parts of the work in such manner as will not damage public or private property or create a nuisance or health menace . Any damage caused by flooding of the trench shall be the Contractors responsibility.
Dewatering shall be performed by methods that will maintain a dry excavation, preservation of the final lines and grades and protection of all utilities. If flooding of the trench does occur, the Contractor shall immediately dewater and restore the trench. Damaged or altered pipeline appurtenances shall be repaired or replaced as directed by the City.
3.04 PIPE INSTALLATION
When the work requires and the size of the pipe allows entry of personnel into the pipe, the Contractor shall comply with all Federal and State regulations for confined space entry. Work inside pipelines shall not be undertaken until all the tests and safety provisions of the Code of Federal Regulations 1910.146, and the General Industry Safety Orders of the California Code of Regulations, Title 8, Section 5159 for confined space entry have been performed and the area is verified as safe to enter . Generally, the aforementioned safety provisions apply to pipe 600 mm (24") and larger. Note that for pipe less than 600 mm (24 ") diameter, more stringent safety procedures apply.
The Contractor shall furnish and install all pipe, specials, fittings, closure pieces, valves, supports, bolts, nuts, gaskets, jointing materials, and all other appurtenances as shown on the Approved Plans and as required to provide a complete and workable installation. Pipe installation shall be as shown on the Approved Plans and Shop Drawings in accordance with the following:
A. No pipe shall be installed where the linings or coatings show cracks that may be harmful as determined by the City. Such damaged linings and coatings shall be repaired or new, undamaged pipe sections shall be provided.
B. Pipe damaged prior to Substantial Completion shall be repaired or replaced by the Contractor.
C. The Contractor shall inspect each pipe and fitting to insure that there are no damaged portions of the pipe. The Contractor shall remove or smooth out any burrs, gouges, weld splatter, or other small defects prior to laying the pipe.
D. Before placement of pipe in the trench, each pipe or fitting shall be thoroughly cleaned of any foreign substance which may have collected thereon and shall be kept clean at all times thereafter. For this purpose, the openings of all pipes and fittings in the trench shall be closed during any interruption to the work as noted above.
E. Pipe shall be laid directly on the bedding material . No blocking will be permitted, and the bedding shall be such that it forms a continuous, solid bearing for the full length of Redlands Regular Meeting of 02-17-26
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CEMENT MORTAR LINED & COATED STEEL PIPE 15250-10
the pipe. Excavations shall be made as needed to facilitate removal of handling devices after the pipe is laid . Bell holes shall be formed at the ends of the pipe to prevent point loading at the bells or couplings and to permit visual inspection of the joint. Excavation shall be made as needed outside the normal trench section at field joints to permit adequate access to the joints for field connection operations and for application of coatings on field joints.
F. Installation Tolerances: Each section of pipe shall be laid in the order and position shown on the approved layout schedule to the proper lines and grades in accordance with the following:
1. Each section of pipe having a nominal diameter less than 1200 mm (48 ") shall be laid not to vary more than 50 mm (2 ") horizontally or 25 mm (1 ") vertically from the alignment and elevations shown on the Approved Plans.
2. Each section of pipe having nominal diameter 1200 mm (48 ") and larger shall be laid not to vary more than five percent (5%) of the pipe diameter horizontally or two and one half percent (2.5%) of the pipe diameter vertically.
3. In addition to the horizontal and vertical tolerances above, lay the pipe so that no high or low points occur along the pipeline other than those shown on the approved layout schedule.
G. Where necessary to raise or lower the pipe due to unforeseen obstructio ns or other causes, the City may change the alignment and/or the grades. Such change shall be made by the deflection of joints, by the use of bevel adapters, or by the use of additional fittings. However, in no case shall the deflection in the joint exceed seventy five percent (75%) of the maximum deflection recommended by the pipe manufacturer. No joint shall be deflected any amount that will be detrimental to the strength and water tightness of the finished joint. In all cases the joint opening, before finishing with the protective mortar inside the pipe, shall be the controlling factor.
H. Pipes shall be laid uphill on grades exceeding 10 percent. Pipe that is laid on a downhill grade shall be blocked and held in place until the following pipe section has been installed to provide sufficient support to prevent movement.
I. Temporary internal pipe bracing shall be left in place in pipe sizes larger than 600 mm (24") until pipe zone compaction has have been completed. Bracing in pipe smaller than 600 mm (24") may be removed immediately after the pipe has been laid into the trench.
The Contractor shall employ a laboratory to monitor pipe deflection by measuring pipe inside diameter before bracing is removed and 24 hours after struts are removed. Pipe deflection shall not exceed 2 percent in 24 hours after the bracing has been removed.
After the backfill has been placed, the struts shall be removed.
J. Cold Weather Protection: No pipe shall be installed upon a foundation onto which frost has penetrated or at any time that there is a danger of the formation of ice or penetration of frost at the bottom of the excavation. No pipe shall be laid unless it can be established that the trench will be backfilled prior to formation of ice and frost.
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CEMENT MORTAR LINED & COATED STEEL PIPE 15250-11
K. Pipe and Specials Protection: The openings of all pipe and specials where the pipe and specials have been mortar -lined in the shop shall be protected with suitable bulkheads to maintain a moist atmosphere and to prevent unauthorized access by persons, animals, water, or any undesirable substance. The bulkheads shall be designed to prevent drying out of the interior of the pipe. The Contractor shall introduce water into the pipe to keep the mortar moist where moisture has been lost due to damaged bulkheads.
L. Pipeline must be installed parallel with the street centerline, otherwise Contractor shall have to remove and replace that portion of non-parallel pipeline at his/her own expenses.
3.05 FIELD WELDED JOINTS
A. Welded joints shall be completed in the trench per AWWA C206.
B. Both the bell and spigot ends shall be cleaned of foreign matter prior to welding.
C. For pipe diameters less than 600 mm (24 ") the exterior of the joint shall be welded. For pipe diameter 600 mm (24 ") and larger, the joint shall be welded in accordance with the approved submittal. All welded joints shall remain exposed until inspection has been performed.
D. Welding electrodes shall be as recommended by the pipe manufacturer. Typically, electrodes shall be E6010 for root passes and E7018 for additional passes. Do not deposit more than 3.2 mm (1/8") of throat thickness per pass.
E. Weld material shall be deposited in successive layers. Complete and clean each pass around the entire circumference of the pipe before commencing the next pass.
F. The minimum number of passes in the completed weld shall be as follows:
Steel Cylinder Thickness Fillet Weld Minimum
mm (inches) Number of Passes
6.35 or less (0.2500 or 1/4") 2
Greater than 6.35 (0.2500 or 1/4") 3
G. To minimize longitudinal stresses due to temperature variations, it is necessary to leave un-welded one joint per each 120m (400 ') of pipeline. This joint shall be left un -welded until all the joints on both sides of it are welded, and it shall be welded at the coolest time of the working day. The City shall decide if and when this procedure is warranted.
H. Tack-welding the joint may be permitted to hold the pipe in place. If the joint is to be circumferentially welded, sufficient time shall elapse to allow for an initial set of interior joint lining prior to proceeding with joint welding. Rapid -setting mortar may be used in accordance with this Section. In some cases, the City may require hand holes.
I. Field welders shall be certified in accordance with ASME Section 9 (pipe welders) or AWS D1.1 (plate welders). Welders shall present a copy of their certification to the City prior to performing any field welding.
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CEMENT MORTAR LINED & COATED STEEL PIPE 15250-12
J. Prior to butt -strap welding, the pipe and pipe joint shall be properly positioned in the trench using line -up damps so that, in the finished joint, the abutting pipe sections shall not be misaligned by more than 1.59 mm (1/16").
K. The pipe ends shall be cut straight on joints where butt straps are used for realignment, adjustment, or deflection, and fillet welds shall be made as indicated.
L. Inspection of Field Welded Joints:
1. The City shall arrange for the welds to be inspected. The Contractor shall request inspection of welds as soon as possible following the completion of the welds.
2. The Contractor shall coordinate and supply ventilation, lighting, and other equipment deemed necessary for inspection. The Contractor shall be responsible for providing safe entry into and out of the trench, safety of inspection personal, traffic control and other safety precautions deemed necessary for the inspections.
3.06 INTERIOR JOINT FINISH - PIPE LESS THAN 600 MM (24") Complete interior mortar joints for pipe sizes less than 600 mm (24 ") by drawing through a tight-fitting swab or squeegee. Coat the face of the cement mortar lining at the bell with a sufficient amount of stiff cement mortar to fill the gap. Immediately after joining the pipes, draw the swab through the pipe to remove all excess mortar and expel it from the open pipe end. Do not move the pipe after the swab has been pulled past the joint. See requirements under "Field Welded Joints" for these joints requiring welding.
3.07 INTERIOR JOINT FINISH - PIPE 600 MM (24") AND LARGER A. Complete interior mortar joints for pipe sizes 600 mm (24 ") and larger by the trowel method. Prior to applying interior mortar at the joints all backfill in the area shall be completed. After cleaning the interior joint, pack cement mortar into each joint. Finish the surface with a steel trowel to a smooth finish and equal thickness to match the adjoining pipe mortar.
B. Where more than a 100 mm (4") joint strip of mortar is required, place galvanized welded wire mesh reinforcement in 50 mm x 100 mm (2 " x 4") pattern of No. 13 gauge over the exposed steel. Install the mesh so that the wires on the 50 mm (2 ") spacing direction run circumferentially around the pipe. Crimp the wires on the 100 mm (4 ") spacing to support the mesh 9.5 mm (3/8 ") from the metal surface. Steel -trowel finish the interior mortar to match adjoining mortar-lined pipe sections.
3.08 EXTERIOR JOINT FINISH
A. The outside annular space between pipe sections shall be completely filled with grout formed by the use of polyethylene foam -lined fabric bands. The grout space shall be flushed with water prior to filling so that the surfaces of the joint to be in contact with the grout will be thoroughly moistened when the grout is poured. The joint shall be filled with grout by pouring from one side only. Grout shall be rodded with a wire or other Redlands Regular Meeting of 02-17-26
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CEMENT MORTAR LINED & COATED STEEL PIPE 15250-13
flexible rod or vibrated so that the grout completely fills the joint recess by moving down one side of the pipe, around the bottom of the pipe and up the opposite side. Pouring and rodding the grout shall be continued to allow completion of the filling of the entire joint recess in one operation. Care shall be taken to leave no unfilled space. Grouting of the outside joint spaces shall be kept as close behind the laying of the pipe as possible except that in no case shall grouting be closer than three joints of the pipe being laid.
B. The grout bands or heavy -duty diapers shall be polyethylene foam -lined fabric with steel strapping of sufficient strength to hold the fresh mortar, resist nodding of the mortar, and allow excess water to escape. The foam plastic shall be 100 percent closed cell, chemically inert, insoluble in water and resistant to acids, alkalis and solvents. Foam Plastic shall be Dow Chemical Company, Ethafoam 222, or equal.
The fabric backing shall be cut and sewn into 224 mm (9 ") wide strips with slots for the steel strapping on the outer edges. The polyethylene foam shall be cut into strips 150 mm (6") wide and slit to a thickness of 6.35 mm (¼ ") that will expose a hollow or open -cell surface on one side. The foam liner shall be attached to the fabric backing with the open or hollow cells facing towards the pipe. The foam strip shall cover the full interior circumference of the grout band with sufficient length to permit a 200 mm (8") overlap of the foam at or near the top of the pipe joint. Splices to provide continuity of the material will be permitted. The polyethylene foam material shall be protected from direct sunlight.
The polyethylene foam -lined grout band shall be centered over the joint space with approximately equal widths extending over each pipe end and securely attached to the pipe with the steel straps. After filling the exterior joint space with grout, the flaps shall be closed and overlapped in a manner that fully encloses the grout with polyethylene foam. The grout band shall remain in position on the pipe joint.
3.09 BUTT STRAP JOINTS
Butt strap closure joints shall be installed where shown on the Approved Plans in accordance with AWWA C206.
A. Butt straps shall be field welded to the outside plain end of the pipe along both edges with a full circumferential weld. A minimum of two weld passes shall be used.
B. The interior of the joints shall be filled with a rapid -set mortar and finished off smoothly to match the pipe interior diameter.
C. Clean the butt strap with a wire brush and apply a cement and water wash coat prior to applying cement mortar.
D. Galvanized wire mesh, 50 mm x 100 mm (2 " x 4") x No. 13 gauge shall be installed to the exterior of the joint prior to applying the mortar coating.
E. Coat the exterior of the closure assemblies with mortar to cover all steel with a minimum of 32 mm (1¼").
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CEMENT MORTAR LINED & COATED STEEL PIPE 15250-14
F. Seal weld the steel plug to the hand hole after the interior of the joint has been inspected and approved by the City.
3.10 FLANGED CONNECTIONS
Flanged connections shall be installed where indicated on the Approved Plans.
A. Bolt holes shall straddle the horizontal and vertical centerlines.
B. The bolts, nuts and flange faces shall be thoroughly cleaned by wire brush prior to assembly.
C. Bolts and nuts shall be lubricated with a City-approved anti-seize compound.
D. Nuts shall be tightened in an alternating "star" pattern to the manufacturer 's recommended torque.
E. Slip-on type flanges intended for field fit -up and welding shall be welded inside and outside in accordance with AWWA C207.
F. Coat the exterior of exposed flanges, bolts and nuts in accordance with Section 09900.
3.11 FLANGED COUPLING ADAPTERS
Flanged coupling adapters shall be installed in accordance with the manufacturer 's recommendations. Bolts shall be tightened with a torque wrench in the presence of the City to the torque recommended by the manufacturer.
3.12 CONCRETE
Where required, concrete thrust and anchor blocks shall be installed in accordance with Water Systems Standard Specifications and as shown on the Approved Plans.
3.13 WARNING/IDENTIFICATION TAPE
Warning/Identification Tape shall be installed in accordance with the Water Systems Standard Specifications.
3.14 DISINFECTION AND BACTERIOLOGICAL TESTING
Disinfection, bacteriological testing, and flushing shall be performed in accordance with Section 15141.
3.15 HYDROSTATIC TESTING
Field hydrostatic testing shall be performed in accordance with Section 15144.
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CEMENT MORTAR LINED & COATED STEEL PIPE 15250-15
3.16 FIELD PAINTING AND COATING
A. Exterior surfaces of all pipe and appurtenances not otherwise mortar -coated shall be field painted in accordance with Section 09900.
B. Areas in contact with potable water such plain ends of pipe, grooved and shouldered ends of pipe and exposed inside surfaces of threaded outlets and blind flanges shall be coated in accordance with Section 09900.
END OF SECTION
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A PRODUCT SHEET OF NEPTUNE TECHNOLOGY GROUP
T-10® METER
SIZES: 1 1⁄2” and 2”
Every Neptune® T-10® water meter meets or exceeds the latest AWWA C700 Standard. Its nutating disc, positive displacement principle has been time-proven for accuracy and dependability since 1892, ensuring maximum utility revenue.
T
he T-10 water meter consists of three major assemblies: a register, a lead free, high-copper alloy maincase, and a nutating disc measuring chamber.
The T-10 meter is available with a variety of register types. For reading convenience, the register can be mounted in one of four positions on the meter.
The corrosion-resistant maincase will withstand harsh service conditions:
internal water pressure, rough handling, and in-line piping stress.
The innovative floating chamber design of the nutating disc measuring element protects the chamber from frost damage while the unique chamber seal extends the low-flow accuracy by sealing the chamber outlet port to the maincase outlet port. The nutating disc measuring element utilizes corrosion-resistant materials throughout and a thrust roller to minimize wear.
PRODUCT SHEET
KEY FEATURES
Register
• Magnetic-driven, low-torque
registration ensures accuracy
• Impact-resistant register
• High-resolution, low-flow
leak detection
• Bayonet-style register mount allows
in-line serviceability
• Tamperproof seal pin deters theft
• Date of manufacture, size, and model
stamped on dial face
Lead Free Maincase
• Made from lead free,
high-copper alloy
• NSF/ANSI 61 Certified
• NSF/ANSI 372 Certified
• Lifetime guarantee
• Resists internal pressure stresses and
external damage
• Handles in-line piping variations
and stresses
• Provides residual value vs. plastic
• Electrical grounding continuity
Nutating Disc Measuring Chamber
• Positive displacement
• Widest effective flow range for
maximum revenue
• Proprietary polymer materials
maximize long-term accuracy
• Floating chamber design is
unaffected by in-line piping stresses
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1 1⁄2” Accuracy
1 1⁄2” Pressure Loss
2” Pressure Loss
2” Accuracy
These charts show typical meter performance. Individual results may vary.
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Meter
Size
A
in/mm
B
in/mm
C-Std.
in/mm
C-ARB
in/mm
C-
E-CODER®)
R900i™ or
ProCoder™)
R900i™
D-
Threads
per inch
D-
Thread
Type
E
in/mm
Weight
lbs/kg
1 1⁄2”
Screw End
12 5⁄8
321
8 1⁄16
205
8 1⁄8
206
8 13⁄16
220.3
8 3/8
213
11 1/2 1 1/2
NPT
2 9/16
65 31
14.1 1 1⁄2”
Flanged End
13 330
8 1⁄16
205
8 1⁄8
206
8 13⁄16
220.3
8 3/8
213 __ __ 2 9/16
65 35
15.9 2”
Screw End
15 1⁄4
387
9 7⁄16
240
9 5⁄16
237
9 15⁄16
248.4
9 1/2
241 11 1/2
2”
NPT
3 1/8
79 40
18.1 2”
Flanged End
17 432
9 7⁄16
240
9 5⁄16
237
9 15⁄16
248.4
9 1/2
241 __ __ 3 1/8
79 44
20.0 Meter
Size
Normal Operating Range
@100% Accuracy (±1.5%)
AWWA
Standard
Low Flow
@ 95% Accuracy
1 1⁄2” 2 to 100 US gpm
0.46 to 22.73 m3/h
5 to 100 US gpm
1.1 to 22.7 m3/h
3/4 US gpm
0.17 m3/h
2” 2 1/2 to 160 US gpm
0.57 to 36.36 m3/h
8 to 160 US gpm
1.8 to 36.3 m3/h
1 US gpm
0.23 m3/h
Operating Characteristics
Dimensions
T-10 With Standard Register
C
E
D
B
A
T-10 With E-CODER®)R900i™ or ProCoder™)R900i™ Pit Register C
E
D
B
A
Redlands Regular Meeting of 02-17-26
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Neptune Technology Group
1600 Alabama Highway 229
Tallassee, AL 36078
800-633-8754 f 334-283-7293
neptunetg.com
© 2023 Neptune Technology Group Inc. All Rights Reserved. The trademarks, logos and service marks displayed in this document herein are the property of Neptune Technology Group Inc., its affiliates or other third parties. Availability and technical specifications are subject to change without notice. 23-010382 PS T-10 INTERMEDIATE 07.23 Guaranteed Compatibility
All T-10 meters are guaranteed
adaptable to our ProRead™,
ProCoder™, E-CODER®,
E-CODER®)R900i™, E-CODER®)R450i™,
ProCoder™)R900i™, TRICON®/S,
TRICON/E®3, and Neptune Utility
Systems™ without removing the meter
from service.
Registration
ProRead Registration
(per sweep hand revolution) 1 1⁄2” 2”
100 US Gallons 3 3
100 Imperial Gallons 3 3
10 Cubic Feet 3 3
1 Cubic Metre 3
.01 Cubic Metre 3
Register Capacity
ProRead, ProCoder, and E-CODER 1
1⁄2” 2”
100,000,000 US Gallons 3 3
100,000,000 Imperial Gallons 3 3
10,000,000 Cubic Feet 3 3
100,000 Cubic Metres 3*
1,000,000 Cubic Metres 3** 3
E-CODER High Resolution (8-digit reading) 1 1⁄2” 2”
1 US Gallons 3 3
1 Imperial Gallons 3 3
0.1 Cubic Feet 3 3
0.01 Cubic Metres 3
0.001 Cubic Metres 3
ProCoder High Resolution (8-digit reading) 1 1⁄2” 2”
1 US Gallons 3 3
1 Imperial Gallons 3 3
0.1 Cubic Feet 3 3
0.01 Cubic Metres 3 3
Options
Sizes
• 1 1 ⁄2” flanged or threaded end
• 2” fl
anged or threaded end
Units of Measure
• U.S
. gallons, imperial gallons, cubic
feet, cubic metres
Register Types
• ProCoder, E-CODER,
E-CODER)R900i, ProCoder)R900i
Measuring Chamber
• Synthetic polymer
Companion Flanges
• Lead free, high-copper alloy
Environmental Conditions
• Operating temperature:
+3
3ºF to +149ºF (0ºC to +65ºC)
• Sto
rage temperature:
• +33
ºF to +158ºF (0ºC to +70ºC)
Test Ports
• 1” (optional)
Warranty
Neptune provides a limited warranty
for performance, materials, and
workmanship. See warranty statement
for details.
Specifications
Certification
• NSF/ANSI 61, NSF/ANSI 372
Application
• Cold water measurement of flow in
one
direction
Maximum Operating Water Pressure
• 150 psi (1,034 kPa)
Maximum Operating Water Temperature
• 80°F
Measuring Chamber
• Nutating disc technology design made
fr
om proprietary synthetic polymer
*ProRead and E-CODER only **ProCoder only
Redlands Regular Meeting of 02-17-26
794 of 976
A PRODUCT SHEET OF NEPTUNE TECHNOLOGY GROUP
T-10 Meter
SIZES 5⁄8”, 3⁄4”, AND 1”
Every T-10® water meter meets or exceeds the latest AWWA C700 Standard.
Its nutating disc, positive displacement principle has been time-proven for accuracy and dependability since 1892, ensuring maximum utility revenue.
The T-10 water meter consists of three major assemblies: a register, a lead free, high-copper alloy maincase, and a nutating disc measuring chamber.
The T-10 meter is available with a variety of register types. For reading convenience, the register can be mounted in one of four positions on the meter.
The corrosion-resistant maincase will withstand harsh service conditions; internal water pressure, rough handling, and in-line piping stress.
The innovative floating chamber design of the nutating disc measuring element is unaffected by meter position of in-line piping stresses while the unique chamber seal extends the low-flow accuracy by sealing the chamber outlet port to the maincase outlet port. The nutating disc measuring element utilizes corrosion-resistant materials throughout and a thrust roller to minimize wear.
PRODUCT SHEET
KEY FEATURES
REGISTER
Magnetic-driven, low-torque
registration ensures accuracy
Impact-resistant register
High-resolution, low-flow leak detection
Bayonet-style register mount allows
in-line serviceability
Tamperproof seal pin deters theft
Date of manufacture, size, and model
stamped on dial face
LEAD FREE MAINCASE
NSF/ANSI 372, NSF/ANSI 61
Lifetime guarantee
Resists internal pressure stresses and
external damage
Handles in-line piping variations
and stresses
Provides residual value vs.
plastic or composite
Electrical grounding continuity
NUTATING DISC
MEASURING CHAMBER
Positive displacement
Widest effective flow range for
maximum revenue
Proprietary polymer materials maximize
long-term accuracy
Floating chamber design is unaffected
by in-line piping stresses
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5 ⁄8” ACCURACY
3 ⁄4” ACCURACY
1” ACCURACY
5 ⁄8” PRESSURE LOSS
3 ⁄4” PRESSURE LOSS
1” PRESSURE LOSS
Specifications
• NSF/ANSI 372, NSF/ANSI 61
• National Type Evaluation Program
(NTEP) certification
Application
• Cold water measurement of flow
in one direction in residential
service applications
Maximum Operating Water Pressure
• 150 psi (1034 kPa)
Maximum Operating Water Temperature
• 80°F
Measuring Chamber
• Nutating disc technology design made
from proprietary synthetic polymer
Options
Sizes
• 5 ⁄8”, 5 ⁄8” x 3 ⁄4”
• 3 ⁄4”, 3 ⁄4” SL, 3 ⁄4” x 1”
• 1”, 1” x 11 ⁄4”
Units of Measure:
• U.S. gallons, imperial gallons, cubic
feet, cubic metres
Register Types
• Direct reading: bronze box
and cover (standard)
Remote Reading:
• ProCoder™, E-CODER®,
E-CODER®)R900i™,
ProCoder™)R900i™
Bottom Caps
• Synthetic polymer ( 5 ⁄8” only)
• Cast iron
• Lead free, high-copper alloy
Connections
• Lead free, high-copper alloy,
straight or bent
Environmental Conditions
• Operating temperature:
+33º F to +149º F (0º C to +65º C)
• Storage temperature:
+33º F to +158º F (0º C to +70º C)
These charts show typical meter performance. Individual results may vary.
Redlands Regular Meeting of 02-17-26
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8 7
5. 0511
6 5 3 2
NO.
09LL
REV ZN DESC RIPTION DATE AUTH
5, 7 4
II
SCALE 0 .350
··-··-··-··-··
NEPTUNE Technology Group, Inc.
CONFIDENTIAL AND PROPRIETARY
THIS DOCUMENT CONTAINS THE TRADE SECRETS AND CONFIDENTIAL INFORMATION OF NEPTUNE Technology Group, INC., WHICH EMBODY SUBSTANTIAL CREATIVE EFFORT, IDEAS, AND EXPRESSIONS WHICH ARE NOT TO BE DIVULGED TO THIRD PARTIES WITHOUT SPECIFIC WRITTEN PERMISSION FROM NEPTUNE Technology Group, INC.
NOTICE:
@COPYRIGHT _________ NEPTUNE Tec•nology Group, Inc.
4. 41
11 SPECIAL HANDLING MATERIAL SPEC.
SPECIFICATIONS
SAVED IN PRO-E AS: FINISH SPEC.
1150
�--3.45 11
DO NOT SCALE DRAWING DWN
UNLESS OTHERWISE SPECIFIED CKD
APPD
BRUii EDGES DECIMA LS FIN. SURF. APPD.oos,.m INCH ,2v 2 PL :t . 01 SCALE3 PL :t . 005 ft)
FRACTIONS MM ANGLES
:t ,, .. 1 PL :t . 1 -;r 2 PL :t . 05
3. 5 7 11
TITLE
5 I 8 11
T - 1 0
METER ASSEMBLY
w/E-CODER)R450i 0. 750
NO.
1150 ��D37FU��
TECHNOLOGY GROUP SHT. or
G
E
D
C
B
C
8 7
5. 0511
6 5 3 2
NO.
09LL
REV ZN DESC RIPTION DATE AUTH
5, 7 4
II
SCALE 0 .350
··-··-··-··-··
NEPTUNE Technology Group, Inc.
CONFIDENTIAL AND PROPRIETARY
THIS DOCUMENT CONTAINS THE TRADE SECRETS AND CONFIDENTIAL INFORMATION OF NEPTUNE Technology Group, INC., WHICH EMBODY SUBSTANTIAL CREATIVE EFFORT, IDEAS, AND EXPRESSIONS WHICH ARE NOT TO BE DIVULGED TO THIRD PARTIES WITHOUT SPECIFIC WRITTEN PERMISSION FROM NEPTUNE Technology Group, INC.
NOTICE:
@COPYRIGHT _________ NEPTUNE Tec•nology Group, Inc.
4. 41
11 SPECIAL HANDLING MATERIAL SPEC.
SPECIFICATIONS
SAVED IN PRO-E AS: FINISH SPEC.
1150
�--3.45 11
DO NOT SCALE DRAWING DWN
UNLESS OTHERWISE SPECIFIED CKD
APPD
BRUii EDGES DECIMA LS FIN. SURF. APPD.oos,.m INCH ,2v 2 PL :t . 01 SCALE3 PL :t . 005 ft)
FRACTIONS MM ANGLES
:t ,, .. 1 PL :t . 1 -;r 2 PL :t . 05
3. 5 7 11
TITLE
5 I 8 11
T - 1 0
METER ASSEMBLY
w/E-CODER)R450i 0. 750
NO.
1150 ��D37FU��
TECHNOLOGY GROUP SHT. or
G
E
D
C
B
C
IN
B
C
E
D
A
IN
B
C
E
D
A A
CC
A
E
D
B
Meter
Size
A B C D- E-
Weight
lbs/kgin/
mm
in/
mm
Std.
in/mm
ARB
in/mm
ProCoder ™
or
E-CODER ®
ProCoder ™)
R900 i™ or
ProCoder ™)
R450 i™
E-CODER ®)
R900 i™or
E-CODER ®)
R450 i™
NPSM
Thread
in/
mm
5⁄8” 7½
191
3⅝
92 43⁄8
111
5¼
133
5¼
133
5¼
133
5¼
133
3⁄4” - 14” 1½
38 3¼
1.4 5⁄8” x ¾” 7½
191
3⅝
92 43⁄8
111
5¼
133
5¼
133
5¼
133
5¼
133 1” - 11½” 1½
38 3⅜
1.5 Pre 2011
⅝”
7½
191
3⅝
92 4⅞
124
5½
146
5½
139
5½
139
5½
139
3⁄4” - 14” 1⅝
41 3¾
1.7 Pre 2011
⅝” x ¾”
7½
191
3⅝
92 4⅞
124
5½
146
5½
139
5½
139
5½
139 1” - 11½” 1⅝
41 4
1.8 3⁄4” 9
229
4⅜
111
5½
140
6¼
159
6¼
159
6¼
159
6¼
159 1” - 11½” 1⅞
48 6
2.7 ¾“ SL 7½
191
4⅜
111
5½
140
6¼
159
6¼
159
6¼
159
6¼
159 1” - 11½” 1⅞
48 5½
2.5 ¾” x 1” 9
229
4⅜
111
5½
140
6¼
159
6¼
159
6¼
159
6¼
159 11⁄4” - 11½” 1⅞
48 6½
2.9 1” 10¾
273
6½
165
6⅜
162
7 178
7 178
7 178
7 178 11⁄4” - 111⁄2” 2⅛
54 9¾
4.4 1” x 1¼” 10¾
273
6½
165
6⅜
162
7 178
7 178
7 178
7 178 11⁄2” - 111⁄2” 2⅛
54 10¼
4.6 Dimensions
Redlands Regular Meeting of 02-17-26
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Neptune Technology Group
1600 Alabama Highway 229
Tallassee, AL 36078
800-633-8754 f 334-283-7293
neptunetg.com
© 2023 Neptune Technology Group Inc. All Rights Reserved. The trademarks, logos and service marks displayed in this document herein are the property of Neptune Technology Group Inc., its affiliates or other third parties. Availability and technical specifications are subject to change without notice. 23-010383 PS T10 SMALL 07.23 Operating Characteristics
Meter
Size
Normal Operating
Range @ 100% Accuracy
(+/- 1.5%)
AWWA Standard Low Flow @ 95%
Accuracy
5⁄8”
1 ⁄2 to 20 US gpm
0.11 to 4.55 m3/h
1 to 20 US gpm
0.23 to 4.5 m3/h
1 ⁄8 US gpm
0.03 m3/h
3 ⁄4”
3 ⁄4 to 30 US gpm
0.17 to 6.82 m3/h
2 to 30 US gpm
0.45 to 6.8 m3/h
1 ⁄4 US gpm
0.06 m3/h
1” 1 to 50 US gpm
0.23 to 11.36 m3/h
3 to 50 US gpm
0.68 to 11.4 m3/h
3 ⁄8 US gpm
0.09 m3/h
Registration
ProRead Registration
(per sweep hand revolution)
5⁄8” 3⁄4” & 1”
10 US Gallons √ √
10 Imperial Gallons √ √
1 Cubic Foot √ √
0.1 Cubic Metre √ √
Register Capacity
ProRead, ProCoder, and E-CODER
5 ⁄8” 3 ⁄4” & 1”
10,000,000 US Gallons √ √
10,000,000 Imperial Gallons √ √
1,000,000 Cubic Feet √ √
100,000 Cubic Metres √ √
ProCoder and E-CODER High
Resolution (8-digit reading)
5 ⁄8” 3 ⁄4” & 1”
0.1 US Gallons √ √
0.1 Imperial Gallons √ √
0.01 Cubic Feet √ √
0.001 Cubic Metres √ √
Warranty
Neptune® provides a limited
warranty for performance,
materials, and workmanship. See
warranty statement for details.
Guaranteed Compatibility
All T-10 water meters are
guaranteed adaptable to
our ProRead™, AutoDetect,
ProCoder™, E-CODER®,
E-CODER®)R900i™, E-CODER®)R450i™,
ProCoder™)R900i™, TRICON®/S,
TRICON/E®3, and Neptune meter
reading systems without removing
the meter from service.
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APPENDIX
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APPENDIX A
CHECKLIST OF LABOR LAW REQUIREMENTS
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CHECKLIST OF LABOR LAW REQUIREMENTS
TO REVIEW AT JOB CONFERENCE MEETINGS
Name (print) Date
Company Project
The Federal and State labor law requirements applicable to the contract are composed of, but not limited to, the following:
1. Payment of Prevailing Wage Rates
The contractor to whom the contract is awarded and its subcontractors hired for the public works project are required to pay not less than the specified general prevailing wage rates to all workers employed in the execution of the contract. The contractor is responsible for ascertaining and complying with all current general prevailing wage rates for crafts and any rate changes that occur during the life of the contract.
Information on all prevailing wage rates and all rate changes are to be posted at the job site for all workers to view.
2. Apprentices
It is the duty of the contractor and subcontractors to employ registered apprentices on the public works project under Labor Code Section 1777.5.
3. Penalties
There are penalties required for contractor's/subcontractor's failure to pay prevailing wages and for failure to employ apprentices, including forfeitures and debarment under Labor Code Sections 1775; 1776; 1777.1; 1777.7 and 1813.
4. Certified Payroll Reports
Under Labor Code Section 1776, contractors and subcontractors are required to keep accurate payroll records showing the name, address, social security number and work classification of each employee and owner performing work; also the straight time and overtime hours worked each day and each week, the fringe benefits, and, the actual per diem wage paid to each owner, journey person, apprentice worker or other employee hired in connection with the public works project. Employee payroll records shall be certified and shall be made available for inspection at all reasonable hours at the principal office of the contractor/subcontractor, or shall be furnished to any employee, or his/her authorized representative on request, pursuant to Labor Code Section 1776. Each contractor and subcontractor shall submit its weekly certified payroll reports to the LCR from the agency no less than weekly or within ten days of request. In the event that there has been no work performed during a given week, the certified payroll report shall be annotated: "No work" for that week. Under Labor Code Section 1776(h) there are penalties required for contractor's/ subcontractor's failure to maintain and submit copies of certified payroll records on request. **For projects bidding after April 1, all contractors will need to upload their certified payroll to the Department of Labor Standards Enforcement website. Effective Jan. 1, 2016, ALL projects will require contractors to upload all certified payroll. This requirement is in addition to the request for payrolls by the City of Redlands;
5. Nondiscrimination in Employment
There exist prohibitions against employment discrimination under Labor Code Sections 1735 and 1777.6, the Government Code, the Public Contracts Code, and Title VII of the Civil Rights Act of 1964.
6. Kickbacks Prohibited
Contractors and subcontractors are prohibited from recapturing wages illegally or extracting "kickbacks" from employee wages under Labor Code Section 1778.
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7. Acceptance of Fees Prohibited
There exists a prohibition against contractor/subcontractor acceptance of fees for registering any person for p
ublic work under Labor Code Section 1779; or for filling work orders on public works contracts pursuant to Labor Code Section 1780.
8. Listing of Subcontractors
All prime contractors are required to list properly all subcontractors hired to perform work on the public w
orks projects covering more than one-half of one percent, pursuant to Government Code 4100 et seq.
9. Properly Licensed and Registered
Contractors are required to be licensed properly and to require that all subcontractors be properly licensed.
P
enalties are required for employing workers while unlicensed under Labor Code Section 1021 and under the California Contractor License Law found at Business and Professions Code Section 7000 et seq.
Contractors and subcontractors are also required to be registered with the Division of Labor Standards Enforcement to work on public works projects in California. Requirements for registration and penalties for not being registered are found in Labor Code 1773.3.
10. Unfair Competition Prohibited
Contractors and subcontractors are prohibited from engaging in unfair competition as specified under B
usiness and Professions Code Sections 17200 to 17208.
11. Workers Compensation Insurance
Labor Code 1861 requires contractors and subcontractors be insured properly for workers compensation.
12. OSHA
Contractors and subcontractors are required to abide by the Occupational, Safety and Health laws and r
egulations that apply to the particular construction project.
13. Undocumented Workers
Contractors and subcontractors are prohibited by the Federal government against hiring undocumented w
orkers, and must secure proof of eligibility/citizenship from all workers.
14. Itemized Wage Statements
Contractors and subcontractors must provide itemized wage statements to employees per Labor Code 226.
I
n accordance with Federal and State laws and with th e awarding agency contract documents, t he undersigned prime contractor wishes to assure the City of Redlands that it intends to comply with the above-referenced labor law requirements, fully understanding that failure to comply with the above requirements may subject it to penalties as provided above.
Co
ntractor City of Redlands
N
ame Printed Name Printed
Signature Signature
Title Title
D
ate Date
Redlands Regular Meeting of 02-17-26
804 of 976
IMPORTANT NOTICE
New Requirements for Contractors Working on California
P
ublic Works / Prevailing Wage Projects
Si
gnificant changes in prevailing wage law have recently been made that affect all contractors working on Public Works Projects within California. Please note the following important information:
CONTRACTOR REGISTRATION REQUIREMENT
By April 1, 2015, all contractors must be registered with the Division of Labor Standards Enforcement (DLSE) to work on public works projects in California.
WHO must register?
All contractors and subcontractors working on public works projects in California must be registered. This includes prime contractors, subcontractors and sole owner/operators- everyone performing labor on a public works project.
WHEN is registration required?
Contractors must be registered with the DLSE to bid on all public works projects that bid after March 1, 2015.
All contractors working on public works projects must be registered by April 1, 2015. Registration is valid until June 30 of each year and may be renewed annually. Registrations are currently being accepted.
WHERE do I register?
Registration is done online at:
https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm HO
W MUCH is the fee?
Contractor registration fee is currently set at $300 but may increase each year. This fee shall be paid during the initial registration and each annual renewal.
DO I qualify for registration?
Contractors will need to meet minimum qualification standards to be registered. These include:
• Be properly licensed with the Contractors State Licen se Board for your trade.
• Provide evidence of workers compensation insurance (i f applicable). • Be in good standing (Have no outstanding liabilities for wages, damages, penalties due to an employee or the State, may not be under State or Federal debarment).
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WHAT happens if I don’t register?
Unregistered contractors working on or bidding for public works projects will be subject to an immediate $2,000 fine and the $300 registration fee to continue working on the project. Unregistered contractors may be removed from the project by the Awarding Agency. Contractors found working on public works projects without being registered also risk not being approved for registration by DLSE.
ELECTRONIC CERTIFIED PAYROLL REPORTING REQUIREMENTS
Prevailing wage law has been changed to require contractors to submit certified payrolls electronically to the DLSE.
WHO is required to submit certified payrolls?
All contractors, subcontractors and sole owner/operators will be required to submit certified payrolls electronically to the DLSE.
WHEN do I need to submit certified payrolls electronically? If your project is awarded after April 1, 2015, electronic payroll submission is required immediately.
Otherwise, electronic payroll submission will be required for all projects awarded on or after January 1, 2016.
WHERE do I submit my certified payrolls?
For now, certified payrolls can be submitted by contractors to the DLSE at:
https://apps.dir.ca.gov/ecpr/DAS/AltLogin This website address will change when the DLSE implements their online electronic database system which still has not been developed. Alliant will notify contractors when this system is available.
DO I still need to submit hard copy certified payrolls? The City of Redlands will still require hard copy submission of certified payroll reports per your contract. The requirement to submit certified payrolls electronically to the DLSE does not replace the requirement for contractors to submit payrolls to the City of Redlands.
Contact the City of Redlands regarding any questions you may have regarding the new requirements for contractor registration or online submission of certified payroll: (909) 798-7698.
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PUBLIC WORKS CONTRACT AWARD INFORMATION (DAS-140)
This is not a request for dispatch of apprentices.
Contract award information must be sent to your Apprenticeship Committee if you are approved to train. If you are not approved to train, you must send the information (which may be this form) to ALL applicable Apprenticeship Committees in your craft or trade in the area of the site of the public work.
Go to: http://www.dir.ca.gov/das/PublicWorksForms.htm for information about programs in your area and trade. The information shall be provided to the applicable apprenticeship committee within ten (10) days of the date of the execution of the prime contract or subcontract, but in no event later than the first day in which the contractor has workers employed upon the public work.
Do not send this form to the Division of Apprenticeship Standards.
NAME OF YOUR COMPANY CONTRACTORS STATE LICENSE NO.
MAILING ADDRESS-NUMBER & STREET, CITY, ZIP CODE AREA CODE & TELEPHONE NO.
NAME AND ADDRESS OF PUBLIC WORKS PROJECT DATE YOUR CONTRACT WAS EXECUTED
DATE OF EXPECTED/ACTUAL START OF PROJECT
NAME & ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT ESTIMATED NUMBER OF JOURNEYMAN HOURS
OCCUPATION OF APPRENTICE
THIS FORM IS BEING SENT TO: (NAME AND ADDRESS OF APPRENTICESHIP PROGRAM(S) ESTIMATED NUMBER OF APPRENTICE HOURS
APPROXIMATE/ACTUAL DATES TO BE EMPLOYED
This is not a request for dispatch of apprentices.
*Contractors must make a separate request for actual dispatch, in accordance with Section 230.1(a) California Code of Regulations* Check One of the Boxes Below
1. We are already approved to train apprentices by the
Apprenticeship Committee. We will employ and train under their standards. (Enter name of Committee)
2. We will comply with the standards of
Apprenticeship Committee for the duration of this job only. (Enter name of Committee)
3. We will employ and train apprentices in accordance with the California Apprenticeship Council regulations, including § 230.1 (c) which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of journeyman/men.
Signature Date
Typed Name
Title
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2J
DAS-140 FORM - PUBLIC WORKS CONTRACT AWARD INFORMATION
(Title 8, California Code of Regulations, Section 230)
(California Labor Code, Section 1777.5 (e))
SUBMIT CONTRACT AWARD INFORMATION
Prior to commencing work on a contract for Public Works every Contractor shall provide contract award information to the apprenticeship committee for each applicable apprenticeable craft or trade in the area of the site of the public works project that has approved the contractor to train apprentices. Contractors who are not already approved to train by an apprenticeship program sponsor shall provide contract award information to all of the applicable apprenticeship committees whose geographic area of operation includes the area of the public works project. This contract award information shall be in writing on a DAS Form 140, Public Works Contract Award Information or a letter which includes the following information:
(1) Contractor's name, address, telephone number and state license number; (2) The full name and address of the public work awarding agency; (3) The exact location of the public work site;
(4) Date of the contract award;
(5) Expected start date of the work;
(6) Estimated journeyman hours;
(7) Occupation of Apprentice;
(8) Approximate number of apprentices to be employed; and (9) Approximate dates apprentices will be employed.
This information shall be provided to the applicable apprenticeship committee within ten (10) days of the date of the execution of the prime contract or subcontract, but in no event later than the first day in which the contractor has workers employed upon the public work.
Failure to provide contract award information, which is known by the awarded contractor, shall be deemed to be a continuing violation for the duration of the contract, ending when a Notice of Completion is filed by the Awarding Body, for the purpose of determining the accrual of penalties under Labor Code Section 1777.7.
THE TOP SECTION OF THE FORM COMPLETELY FILLED OUT will provide the information required pursuant to California Labor Code Section 1777.5 and California Code of Regulations Section 230.1.
LOWER SECTION OF THE FORM Check an appropriate box (#1, 2 or 3) for your status.
In addition to the “ORIGINAL(S)” mailed to all applicable Apprenticeship Committees, a copy of this information shall also be submitted to the City of Redlands.
NOTE: The filing of a DAS 140 is not a request for the dispatch of registered apprentices Redlands Regular Meeting of 02-17-26
808 of 976
CONTRACTOR FRINGE BENEFIT STATEMENT
Project Name: Project Location: Today’s Date:
Contractor / Subcontractor Name: Business Address:
In order that the proper Fringe Benefit rates can be verified when checking payrolls on the above contract, the hourly rates for fringe benefits, subsistence and/or travel allowance payment made for employees by the employer on the various classes of work are tabulated below. Please Include Apprentice Rates.
Classification: Effective Date:
Subsistence or Travel Pay:
$________________________
EMPLOYER PAID FRINGE BENEFITS
Health & Welfare
$_______________ hr
Paid To:
Name of Plan/Fund/Program:
Address:
__________________________________________________
__________________________________________________
Pension
$_______________ hr
Paid To:
Name of Plan/Fund/Program:
Address:
__________________________________________________
__________________________________________________
Vacation/Holiday
$_______________ hr
Paid To:
Name of Plan/Fund/Program:
Address:
__________________________________________________
__________________________________________________
Training
$_______________ hr
Paid To:
Name of Plan/Fund/Program:
Address:
__________________________________________________
__________________________________________________
Other
$_______________ hr
Paid To:
Name of Plan/Fund/Program:
Address:
__________________________________________________
__________________________________________________
Classification: Effective Date:
Subsistence or Travel Pay:
$________________________
EMPLOYER PAID FRINGE BENEFITS
Health & Welfare
$_______________ hr
Paid To:
Name of Plan/Fund/Program:
Address:
__________________________________________________
__________________________________________________
Pension
$_______________ hr
Paid To:
Name of Plan/Fund/Program:
Address:
__________________________________________________
__________________________________________________
Vacation/Holiday
$_______________ hr
Paid To:
Name of Plan/Fund/Program:
Address:
__________________________________________________
__________________________________________________
Training
$_______________ hr
Paid To:
Name of Plan/Fund/Program:
Address:
__________________________________________________
__________________________________________________
Other
$_______________ hr
Paid To:
Name of Plan/Fund/Program:
Address:
__________________________________________________
__________________________________________________
Supplemental statements must be submitted during the progress of the work should there be an increase or change in rates. Use additional sheets as necessary. (Attach a copy of your most recent premium transmittal (including copy of check submitted) into each of the above plans/funds/programs or a letter from the above plans/funds/programs reflecting current payment status).
I certify under penalty of perjury that fringe benefits are paid to the approved plans, funds or programs as listed above.
Print Name and Title Signature and Date (Wet Signature Required)
Redlands Regular Meeting of 02-17-26
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S = STRAIGHT TIME *OTHER – Any other deductions, contributions and/or payments whether or not included or required by prevailing C ERTIFICATION MUST be completed Form A-1-131 (New 2-80) O = OVERTIME wage determinations must be separately listed. Use extra sheet(s) if necessary (See reverse side)
SDI = STATE DISABILITY INSURANCE
California
Department of
Industrial Relations
Page ______ of ______
NAME OF CONTRACTOR: CONTRACTOR'S LICENSE NO.: ADDRESS:
OR SUBCONTRACTOR: SPECIALITY LICENSE NO.:
PAYROLL NO.:
FOR WEEK ENDING:
S
ELF-INSURED CERTIFICATE NO.:
PROJECT OR CONTRACT NO.:
(4)
DAY
(5)
(6)
WORKERS' COMPENSATION POLICY NO.:
PROJECT AND LOCATION:
(
2)
M
T
W
TH
F
S
S
(9)
DATE
(1)
NAME, ADDRESS AND
SOCIAL SECURITY NUMBER
OF EMPLOYEE
NO. OF WITH-
HOLDING
EXEMPTIONS
(3)
WORK
CLASSIFICATION
H
OURS WORKED EACH DAY
T
OTAL
HOURS
HOURLY
RATE
OF PAY
(7)
GROSS AMOUNT
EARNED
(8)
DEDUCTIONS, CONTRIBUTIONS AND PAYMENTS
NET WGS
PAID FOR
WEEK
C
HECK
NO.
THIS
P
ROJECT
ALL
P
ROJECTS
FED.
T
AX
FICA
(
SOC. SEC.)
STATE
T
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HEALTH
&
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ENSION
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F
UND
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TRAV/
S
UBS.
S
AVINGS
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TIONS
O
THIS
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T
AX
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(
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H
OLIDAY
HEALTH
&
WELF.
P
ENSION
S
T
RAING.
F
UND
ADMIN
D
UES
TRAV/
S
UBS.
S
AVINGS
O
THER*
TOTAL
D
EDUC-
TIONS
O
PUBLIC WORKS PAYROLL REPORTING FORM
Redlands Regular Meeting of 02-17-26
810 of 976
Statement of Compliance
Date:______________
I __________________, the undersigned, am the ________________________________ with the authority to act for and on (Print Name) (Position in Business) behalf of _______________________ certify under penalty of perjury that the records commencing on ______________ and ending on _______________ submitted herein and consisting of ____ pages are the originals, full and corrected documents, which depict the payroll record(s) of actual disbursements by way of cash, check, or whatever form to the individual or individuals names,
(1) That this employer has complied with the requirements of the California Labor Code Sections. 1771, 1811, and 1815 for all performed on this public works project, and that the classifications set forth therein for each trade rate conform with the work Performed.
(2) That any apprentices employed in the above period are duly registered to a bona fide apprenticeship program registered with the State of California’s Division of Apprenticeship Standards.
PAYROLL/OTHER DEDUCTIONS
1. I herein certify the full and complete Prevailing Wages were paid as currently published and posted by the Director of Industrial Relations, State of California and only deductions as authorized under the laws of the State of California or the laws of United States of America have been made from these sums.
2. All other deductions are clearly listed for each employee on an attachment as required by the Director of Industrial Relations, State of California.
OPTIONAL BENEFIT PLANS
I herein certify that all employee deductions for benefit plans are authorized and the employee(s) are signed up for the plan(s) and are receiving the benefit(s) of the plan(s) listed.
WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above payroll, payment of fringe benefits as listed in the contract have or will be made to the appropriate programs for the benefit of such employees, except as noted below.
WHERE FRINGE BENEFITS ARE PAID IN CASH
Each laborer or mechanic listed in the above payroll has been paid as indicated on the payroll, an amount not less the sum of the applicable basic hourly rate plus the amount of the required fringe benefits as listed in the determination for the craft, except as noted below,
Exception(s)
________________________________________________________________________________________________________ Craft Explanation ________________________________________________________________________________________________________ Craft Explanation ________________________________________________________________________________________________________ Craft Explanation
I herein certify under the penalty of perjury all of the above is true and correct as submitted. ________________________________________________________________________________________________________ Name Signature
________________________________________________________________________________________________________ Date Payroll #
Remarks
____________________________________________________________________________________________________ Redlands Regular Meeting of 02-17-26
811 of 976
2N
CONTRACTOR INFORMATION SHEET
Jo
b Name: _________________________________________ Category: ____________________________________ Prime Contractor: ___________________________________________________________________________________ Subcontractor: ______________________________________ License#: _____________________________________ Address: ____________________________________________________________________________________________ Phone #: ___________________________________________ Payroll Report Contact: _______________________ Email Address: _____________________________________________________________________________________ Fax #: ______________________________________________ Contract Amount: ____________________________ Estimated Start Date: _______________________________ Estimated End Date: _________________________ ANTICIPATED TRADES/CLASSIFICATIONS:
______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ SUB-CONTRACTORS (if applicable)
Name: License #: Phone/ Fax #: Contact:
______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ Redlands Regular Meeting of 02-17-26
812 of 976
APPENDIX B
CITY OF REDLANDS WORKDAY CONSTRUCTION
SCHEDULE
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CITY OF REDLANDS
MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT 2026
APPENDIX B
CONSTRUCTION WORKDAY CALENDAR
JANUARY
FEBRUARY
MARCH
S
M
T
W
T
F
S
S
M
T
W
T
F
S
S
M
T
W
T
F
S
1 2
3 1
2 3
4 5
6 7
1 2
3 4
5 6
7 1 2 3
32 33 34 35 36 37 38
60 61 62 63 64 65 66
4 5
6 7
8 9
10 8
9 10
11 12
13 14
8 9
10 11
12 13
14 4 5 6 7 8 9 10
39 40 41 42 43 44 45
67 68 69 70 71 72 73
11 12
13 14
15 16
17 15
16 17
18 19
20 21
15 16
17 18
19 20
21 11 12 13 14 15 16 17
46 47 48 49 50 51 52
74 75 76 77 78 79 80
18 19
20 21
22 23
24 22
23 24
25 26
27 28
22 23
24 25
26 27
28 18 19 20 21 22 23 24
53 54 55 56 57 58 59
81 82 83 84 85 86 87
25 26
27 28
29 30
31 29
30 31
25 26 27 28 29 30 31
88 89 90
APRIL
MAY
JUNE
S
M
T
W
T
F
S
S
M
T
W
T
F
S
S
M
T
W
T
F
S
1 2
3 4
1 2
1 2
3 4
5 6
91 92 93 94 121 122
152 153 154 155 156 157
5 6
7 8
9 10
11 3
4 5
6 7
8 9
7 8
9 10
11 12
13 95 96 97 98 99 100 101 123 124 125 126 127 128 129
158 159 160 161 162 163 164
12 13
14 15
16 17
18 10
11 12
13 14
15 16
14 15
16 17
18 19
20 102 103 104 105 106 107 108 130 131 132 133 134 135 136
165 166 167 168 169 170 171
19 20
21 22
23 24
25 17
18 19
20 21
22 23
21 22
23 24
25 26
27 109 110 111 112 113 114 115 137 138 139 140 141 142 143
172 173 174 175 176 177 178
26 27
28 29
30 24
25 26
27 28
29 30
28 29
30 116 117 118 119 120 144 145 146 147 148 149 150
179 180 181
31 151
JULY
AUGUST
SEPTEMBER
S
M
T
W
T
F
S
S
M
T
W
T
F
S
S
M
T
W
T
F
S
1 2
3 4
1 1
2 3
4 5
182 183 184 185 213 244 245 246 247 248
5 6
7 8
9 10
11 2
3 4
5 6
7 8
6 7
8 9
10 11
12 186 187 188 189 190 191 192 214 215 216 217 218 219 220 249 250 251 252 253 254 255 12 13
14 15
16 17
18 9
10 11
12 13
14 15
13 14
15 16
17 18
19 193 194 195 196 197 198 199 221 222 223 224 225 226 227 256 257 258 259 260 261 262 19 20
21 22
23 24
25 16
17 18
19 20
21 22
20 21
22 23
24 25
26 200 201 202 203 204 205 206 228 229 230 231 232 233 234 263 264 265 266 267 268 269 26 27
28 29
30 31
23 24
25 26
27 28
29 27
28 29
30 207 208 209 210 211 212 235 236 237 238 239 240 241 270 271 272 273
30 31
242
243
OCTOBER
NOVEMBER
DECEMBER
S
M
T
W
T
F
S
S
M
T
W
T
F
S
S
M
T
W
T
F
S
1 2
3 1
2 3
4 5
6 7
1 2
3 4
5 274 275 276
305 306 307 308 309 310 311 335 336 337 338 339
4 5
6 7
8 9
10 8
9 10
11 12
13 14
6 7
8 9
10 11
12 277 278 279 280 281 282 283
312 313 314 315 316 317 318 340 341 342 343 344 345 346 11 12
13 14
15 16
17 15
16 17
18 19
20 21
13 14
15 16
17 18
19 284 285 286 287 288 289 290
319 320 321 322 323 324 325 347 348 349 350 351 352 353 18 19
20 21
22 23
24 22
23 24
25 26
27 28
20 21
22 23
24 25
26 291 292 293 294 295 296 297
326 327 328 329 330 331 332 354 355 356 357 358 359 360 25 26
27 28
29 30
31 29
30 27
28 29
30 31
298 299 300 301 302 303 304
333 334 361 362 363 364 365
City Holiday
Closed
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1 2 3 4 7 8 9 10 11 14 15 16 17 18 21 22 23 24 25 28 29 30 31 1 4 5 6 7 8 11 12 13 14 15 18 19 20 21 22 25 26 27 28 29 1 2 3 4 5 8 9 10 11 12 15 16 17 18 19 22 23 24 25 26 29 30
H P P P H
H P P P H
1 2 3 6 7 8 9 10 13 14 15 16 17 20 21 22 23 24 27 28 29 30 31 3 4 5 6 7 10 11 12 13 14 17 18 19 20 21 24 25 26 27 28 1 2 3 4 5 8 9 10 11 12 15 16 17 18 19 22 23 24 25 26 29 30 31
P H M M M M M H H H H H H H H H H H H H
H H H H H H P H H H H H H H H
1 2 5 6 7 8 9 12 13 14 15 16 19 20 21 22 23 26 27 28 29 30 2 3 4 5 6 9 10 11 12 13 16 17 18 19 20 23 24 25 26 27 2 3 4 5 6 9 10 11 12 13 16 17 18 19 20 23 24 25 26 27 30 31
H H H H H H H H H M H H H H H H H
H H H H H H H H H H H H H H H H
1 2 3 6 7 8 9 10 13 14 15 16 17 20 21 22 23 24 27 28 29 30 1 4 5 6 7 8 11 12 13 14 15 18 19 20 21 22 25 26 27 28 29 1 2 3 4 5 8 9 10 11 12 15 16 17 18 19 22 23 24 25 26 29 30
H H H H M M P H
H H H H M P H
Attendance Days
Independence Day July 4 Quarter 1 October 3 (42 days) Trimester 1 October 31 (61 days) Semester 1 December 19 (89 days) Students Labor Day September 1 Quarter 2 December 18 (47 days) Trimester 2 February 27 (61 days) Semester 2 June 4 (91 days) Teachers Veteran's Day November 11 Quarter 3 March 20 (48 days) Trimester 3 June 4 (58 days) Thanksgiving Break November 24 - 28 Quarter 4 June 4 (43 days) Winter Break December 22 - January 9
Martin Luther King, Jr. Day January 19
Presidents' Day February 16
Spring Break March 23 - April 3
Memorial Day May 25
Juneteenth June 19
Elementary
Secondary
H Holiday (No Students in Attendance)
M Minimum Day (Conferences/Report Card Preparation)
P Staff Professional Day (No Students in Attendance) Board Approved: 04/22/25 November December
Redlands Unified School District
Student Attendance Calendar (All Schools)
2025-2026 School Year
July August September
October
January February March
April May June
180
185
Holidays (No Students in Attendance) End of Quarter Dates End of Trimester Dates End of Semester Dates Redlands Regular Meeting of 02-17-26
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1 2 3 4 6 7 8 9 10 11 13 14 15 16 17 18 20 21 22 23 24 25 27 28 29 30 31 1 3 4 5 6 7 8 10 11 12 13 14 15 17 18 19 20 21 22 24 25 26 27 28 29 31 1 2 3 4 5 7 8 9 10 11 12 14 15 16 17 18 19 21 22 23 24 25 26 28 29 30
H H P P P H
H H P P P H
1 2 3 5 6 7 8 9 10 12 13 14 15 16 17 19 20 21 22 23 24 26 27 28 29 30 31 2 3 4 5 6 7 9 10 11 12 13 14 16 17 18 19 20 21 23 24 25 26 27 28 30 1 2 3 4 5 7 8 9 10 11 12 14 15 16 17 18 19 21 22 23 24 25 26 28 29 30 31
P P H M M M M M M H H H H H H H H H H H H H H H H
P H H H H H H H P X H H H H H H H H H H
1 2 4 5 6 7 8 9 11 12 13 14 15 16 18 19 20 21 22 23 25 26 27 28 29 30 1 2 3 4 5 6 8 9 10 11 12 13 15 16 17 18 19 20 22 23 24 25 26 27 1 2 3 4 5 6 8 9 10 11 12 13 15 16 17 18 19 20 22 23 24 25 26 27 29 30 31
H H H H H H H H H M H H H H H H H H
H H H H H H H H H H H H H H H H H
1 2 3 5 6 7 8 9 10 12 13 14 15 16 17 19 20 21 22 23 24 26 27 28 29 30 1 3 4 5 6 7 8 10 11 12 13 14 15 17 18 19 20 21 22 24 25 26 27 28 29 31 1 2 3 4 5 7 8 9 10 11 12 14 15 16 17 18 19 21 22 23 24 25 26 28 29 30
H H H M P H
H H H M P H
Elementary H Holiday (No Students in Attendance) M Minimum Day (Conferences/Report Card Preparation) Students = 180 days Secondary P Staff Professional Day (No Students in Attendance) Teachers = 185 days Independence Day July 3 Quarter 1 October 9 (41 days) Trimester 1 November 5 (60 days) Semester 1 December 17 (84 days) Labor Day September 7 Quarter 2 December 17 (43 days) Trimester 2 February 26 (57 days) Semester 2 June 10 (96 days) Veteran's Day November 11 Quarter 3 March 19 (48 days) Trimester 3 June 10 (63 days) Thanksgiving Break November 23 - 27 Quarter 4 June 10 (48 days) Winter Break December 21 - January 8
Martin Luther King, Jr. Day January 18
Presidents' Day February 15
Spring Break March 22 - April 2
Memorial Day May 31
Juneteenth June 18
Board Approved: 02/11/25
Redlands Unified School District
Student Attendance Calendar (All Schools)
2026-2027 School Year
July August September
End of Trimester Dates End of Semester DatesHolidays End of Quarter Dates November DecemberOctober
April May June
January February March
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Thursday
Monday
Friday
Tuesday
Thursday
Wednesday
Friday
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Solid Waste Collection Days
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APPENDIX C
CITY OF REDLANDS CONTRACTOR
SAFETY PROGRAM
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CONTRACTOR
SAFETY PROGRAM
Rev. July 2024
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TABLE OF CONTENTS
I. POLICY ...................................................................................................................... 3 II. AUTHORITY .............................................................................................................. 3 III. SCOPE ..................................................................................................................... 3 IV. DEFINITIONS ........................................................................................................... 3 V. RESPONSIBILITIES .................................................................................................... 4 RISK MANAGEMENT .............................................................................................................................................. 4 PROJECT MANAGER (CITY) .......................................................................................................... 5 INSPECTOR (CITY) ..................................................................................................................... 5 EMPLOYEES (CITY) .................................................................................................................... 5 CONTRACTOR ......................................................................................................................................................... 5 PROJECT SAFETY OFFICIAL ..................................................................................................................................... 6 VI. PROGRAM .............................................................................................................. 6 SAFETY PREQUALIFICATION QUESTIONNAIRE ...................................................................................................... 6 APPEAL PROCESS .................................................................................................................................................... 7 CONSTRUCTION PROJECTS (TIER I AND TIER II) ................................................................................ 8 INSPECTIONS .......................................................................................................................................................... 9 TRAINING/DOCUMENTATION ............................................................................................................................... 9 NON-COMPLIANCE ................................................................................................................................................ 9 CITY PERSONNEL ..................................................................................................................................................... 9 VII. RECORDKEEPING ................................................................................................. 10 VIII. ADDITIONAL REFERENCES ................................................................................... 10 ACKNOWLEDGMENT OF RECEIPT (A) ........................................................................................... 11 SAFETY PREQUALIFICATION QUESTIONNAIRE (B) ............................................................................ 12 NOTICE OF NONCOMPLIANCE (C) ............................................................................................... 13 JOB HAZARD ANALYSIS (D) ........................................................................................................ 14 INCIDENT INVESTIGATION FORM (E) ............................................................................................ 15 Redlands Regular Meeting of 02-17-26
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3 I. Policy
The purpose of this Contractor Safety Program (“CSP”) is to ensure, as best as reasonably possible, the protection and safety of all persons and property during construction activities undertaken by private contractors on behalf of the City of Redlands (“City”). The City has a comprehensive and structured approach in outsourcing services performed on City facilities by third -party persons and entities (“Contractor(s)”). The first phase of this comprehensive approach includes actively screening Contractors based on safety records, safety performance, and safety compliance. After the qualified Contractor is awarded a contract, the Contractor must then ensure compliance with all local, state, federal and Cal/OSHA regulations applicable to the contracted scope of work, and requirements set forth within this CSP. The Contractor, its agents, and personnel must adhere to the policies and procedures set forth by this CSP and all applicable laws and regulations.
II. Authority
California Code of Regulations, Title 8, Section 336.10 “Determination of Citable Employer” California Code of Regulations, Title 8
“Greenbook” Standard Specifications for Public Works Construction Redlands Municipal Code
California Building Code
III. Scope
This CSP applies to all Contractors who provide or render construction or improvement services for City- owned property and facilities.
The Contractor services covered under this CSP include, but are not limited to, the following:
A. New construction;
B. Remodeling;
C. Facility maintenance or repair;
D. Equipment installation or maintenance; and
E. Services (i.e. janitorial, fleet operations, landscaping, etc.)
Consultants/ Professional service providers are exempt from having to submit a Safety Prequalification Questionnaire (“SPQ”), prior to the beginning of work, but they are expected to be compliant with industry best practices with regards to maintaining a safe work environment for their employees and others.
IV. Definitions
A. Contract – any written agreement between the City of Redlands and a Contractor, to perform a specified scope of work on City facilities. With respect to this policy, a contract includes, but is not limited to: awarded purchase orders, bids, and/ or project contracts.
B. Construction Work – construction, alteration, and/or repair, including painting and decorating.
C. Contractor – a person or entity (including all personnel) awarded a contract to perform work on City property or facilities.
D. D.A.R.T Rate – Injuries and illnesses severe enough to warrant: Days Away, Restrictions and Transfers. The DART rate is calculated using the following formula: Number of OSHA Recordable injuries and illnesses that resulted in Days Away x 200,000/divided by total hours worked by all employees during the year covered.
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4 E. Designated Work Area – an area where it is necessary to restrict or limit entry or access of nonessential personnel or the public. Examples include work areas involving remediation abatement, demolition, excavation, and overheadlifting.
F. Facilities – any building or property owned by the City of Redlands.
G. Hazard – source or situation with a potential for harm in terms of injury or health, damage to property, damage to workplace environment, or a combination ofthese.
H. Job Hazard Analysis (“JHA”) – a technique that focuses on job tasks as a way to identify hazards before they occur. It focuses on the relationship between the worker, the task, the tools, and the work environment. The objective is to eliminate the risk or to utilize control measures to reduce the risk.
I. North American Industry Classification System (“NAICS”) – is the standard used by Federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business economy.
J. Non-compliance – any deviation from standards, practices, processes, procedures, regulations etc. that could either directly or indirectly lead to injury or illness, property damage, damage to the workplace environment, or any combination of these criteria.
K. Notice of non-compliance – form provided to the Contractor by the City alerting the contractor of non-compliance with City specifications, Cal/OSHA regulations, or any other generally accepted safe work practice.
L. Non-compliant hazardous work condition – any hazard that is considered to be non -compliant with State or Federal safety and health regulations, City specifications, or any inconsistency with generally accepted work practices.
M. Personnel – all Contractor employees, contractors, sub-contractors and agents providedaccess to City property or facilities.
N. Recordable Incident – any injury or illness resulting in death, days away from work, restricted work or transfer to another job, medical treatment beyond first aid, or loss of consciousness per OSHA Section 1904.7(a).
O. Safety Tailgate – informal safety meeting generally conducted at the job site prior to the commencement of a job or work shift.
P. Services – any and all, labor, duties, functions and activities required to be performed by the Contractor under the contract and any subsequent addenda.
V. Responsibilities
RISK MANAGEMENT
A. Update, maintain, and administer this CSP;
B. Maintain centralized records of training, site visit data, written programs, tailgate meetings, permits, and all other necessary contractor related documentation;
C. Provide technical assistance to Engineering personnel; D. Attend Pre-construction meetings and progress meetings as needed; E. Provide assistance on safety inspections as needed;
F. Review safety submittals;
G. Provide guidance on pre-qualification determination; and H. Provide training to affected city personnel with responsibilities under thisprogram.
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5 PROJECT MANAGER (CITY)
The Project Manager has the authority to delegate any or all portions of this CSP to subordinates, but the Project Manager will be held accountable for their compliance. The Project Manager shall contact Risk Management, as necessary, for assistance in relation to this CSP.
A. Ensure safety hazards are addressed in a timely manner; B. Communicate safety concerns during pre-construction meetings and progress meetings; C. Inform impacted employees of construction activities scheduled in their work area; D. Enforce pre-qualification procedures in bidding process; and E. Ensure this CSP is properly executed.
INSPECTOR (CITY)
The City of Redlands construction inspector is not a safety professional and will only provide “Notice of Non- Compliance” for obvious and serious non-compliant conditions.
A. To the best of their abilities, inspect work sites for safety hazards; B. Communicate safety concerns to Contractor;
C. Provide Contractor with “Notice of Non-Compliance” when serious conditions occur or repeat violations; D. Collect documentation needed for construction worksites; E. Submit documentation to Risk Management for recordkeeping; F. Maintain photo documentation of safety hazards;
G. Never enter situations that can harm or endanger himself/ herself; H. Never use personal protective equipment (PPE) or enter situations, which they are not trained for; I. Contact Emergency Medical Services (911) and Risk Management in case of emergency; and J. Attend and communicate safety concerns in progress meetings.
EMPLOYEES (CITY)
A. Immediately notify the Project Manager, inspector, or Risk Management of any safety related concerns at a Contractor job site; and
B. Contact Emergency Medical Services (911) and Risk Management in case of emergency.
CONTRACTOR
Where relevant and applicable, the Contractor’s responsibilities shall include:
A. Compliance with requirements and responsibilities detailed within the Contractor Safety Program; B. Ensure all local regulatory requirements are met and all necessary permits are obtained before conducting work on behalf of the City;
C. Designate a Project Safety Official by name who shall always be available to abate safety hazards; D. Ensure all personnel have the appropriate qualifications and training to perform the contracted work (Copies of current training documentation and certifications must be on file with the City); E. Inform City Project Manager or inspector of any job site safety hazards or concerns; F. Inform City Project Manager if any suspected asbestos-containing material is located; G. Conduct and submit Job Hazard Analysis (JHA) before work and as required by change of tasks; H. Conduct and submit Safety Tailgates on a bi-weekly basis; I. Provide all required PPE necessary to conduct work safely and in accordance with required local regulations;
J. The safety of all individuals who enter work site;
K. Spill cleanup;
L. Immediately report any incidents, accidents, near misses, unsafe conditions, or unsafe acts involving any jobsite personnel;
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6 M. Arrange for the proper storage and removal of waste generated prior to the completion of job, and provide confirmation that the materials have been removed or disposed of in a manner compliant with all applicable environmental regulations;
N. Removing all equipment used during work activities and ensuring proper housekeeping of designated work area at the end of each workday and upon completion of the job; O. Contact Emergency Services (911) and Project Manager in the event of an emergency; and P. For the actions of their subcontractors, as they may pertain to this CSP, including their adherence to its contents and review of this document.
PROJECT SAFETY OFFICIAL (CONTRACTOR)
A. Shall always be at the work site;
B. Must be thoroughly familiar with the Contractor’s Injury and Illness Prevention Program (IIPP) and Code of Safe Practices;
C. Shall always be available to abate any potential safety hazards; and D. Shall have the authority and responsibility to shut down an unsafe operation, if necessary.
VI. Program
SAFETY PREQUALIFICATION PROCESS
A. The safety prequalification process is intended to:
• Provide the City with knowledge of past and current safety performance of Contractors working on City construction projects;
• Improve Contractor compliance with City safety rules, including safe work practices required by applicable regulations and laws; and
• Improve safety during Contractor activities.
B. A copy of the SPQ shall be provided to each person or entity bidding on a project, as part of the bidding process.
C. The completed questionnaire shall be returned and reviewed prior to awarding contract work, with supporting information provided as indicated by responses on the questionnaire.
D. The SPQ shall be submitted to 35 Cajon St., Suite 4
Redlands Ca, 92373
Attention: Project Name-Contractor Name-SPQ
E. The following criteria and information relating to the Contractor will be reviewed prior to awarding contract:
• Contractor License;
• Incident Rates;
• OSHA Citations;
• Safety Policies;
• Safety Programs and Procedures;
• Compliance History on City Projects; and
• Certification Statement.
F. Contractor must qualify in each section to be approved for the award of a contract.
G. If a Contractor fails to pass prequalification procedure, the City has the right to disqualify the Contractor’s proposal.
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7 H. All costs associated with compliance with City of Redlands prequalification requirements shall be at the sole expense of the Contractor.
I. If a Contractor provides information that is later determined to be false, or improperly withholds information, the Contractor will be immediately disqualified.
J. Any questions or information relating to filing this questionnaire may be answered by reaching:
• Engineering: (909) 798-7698; or
• Risk Management: (909) 798-7514
DISQUALIFICATION APPEAL PROCESS
This provision is established pursuant to Public Contract Code section 20101(d) which requires every public agency that requires prospective bidders to prequalify pursuant to the law to establish “a process that will allow prospective bidders to dispute their proposed prequalification rating prior to selection of an alternate bidder.” If the City intends to disqualify a bidder based upon the bidder’s safety record, the City will notify the bidder in writing and provide the bidder with any supporting evidence that has been received from others or adduced because of an investigation by the City. The notice of intention shall be sent by certified mail with return receipt requested or by overnight mail via a delivery service that provides online tracking which identifies the date of the prospective bidder’s receipt of the notice, and shall include notice that the bidder has the right to, and may request a hearing to rebut any evidence used as a basis for disqualification and to present evidence to the City as to why the prospective bidder should be found qualified. Requests for a hearing must be made by written request to the City within ten calendar days of the date of the prospective bidder’s receipt of the City’s notice of intention. If the bidder does not request a hearing within the time allowed, the City’s determination shall stand unchallenged and become final.
Within seven calendar days of receiving the bidder’s request for a hearing, the City shall notify the bidder in writing of the date, time and place of the hearing. The hearing shall be held no sooner than ten (10) calendar days and no later than fifteen (15) calendar days after the notice is given. The notice shall inform the bidder of its right to present testimony and documents in support of its position.
The hearing shall be conducted before the Redlands City Manager, which may be continued from time to time as reasonably determined by the City Manager but shall not exceed forty five (45) days. At the conclusion of the hearing, and after considering all testimony and documentation presented, the City Manager shall issue a written decision no later than five calendar days following the hearing. The City Manager’s decision shall be final and is not subject to further appeal to the City.
The bidder shall not be entitled to bid on any contracts with the City until it has met the safety pre -qualification standards. If the City Manager approves an appeal, the contractor will have been deemed to meet the qualification standards and it will be valid for one year. The bidder shall have the right to withdraw its application for prequalification or its appeal at any time before the City Manager’s decision becomes final. Such withdrawal will not preclude the bidder from re-applying for prequalification.
CONSTRUCTION PROJECTS
A. After a contract is awarded, the Contractor shall maintain, throughout the duration of the project, safety measures as necessary to protect the public and workers within, or in the vicinity of, the designated work zone. This includes an evaluation of the work to be performed and the hazards likely to be encountered.
Contractors are expected to follow, at a minimum, all pertinent laws, rules, and regulations for the location in which they will be working. Where applicable, Contractor Safety Programs will meet or exceed City programs/ procedures and are subject to review and approval by the City prior to contract execution.
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B. Job Hazard Analysis (“JHA”)
1. Prior to a notice to proceed a JHA must be completed utilizing the City’s form, or equivalent, to assess the hazards present in the designated work area. Any information requested on the City’s form, but not stated on the equivalent form utilized, shall be provided separately with the original submission.
2. All members of the construction unit must sign the JHA to acknowledge hazard abatement procedures.
3. JHA must be kept at job site accessible to all impacted personnel.
4. Failure to follow JHA procedures may lead to termination of the contract.
C. Personal Protective Equipment (“PPE”)
1. All required PPE must be always worn during work activities.
2. All mandatory PPE must be highlighted in the JHA.
3. The Contractor shall provide PPE.
4. Failure to follow PPE guidelines may lead to termination of the contract.
D. Safety Tailgates
1. Safety Tailgate Meetings must be held on a biweekly basis for all construction projects.
2. The first meeting shall take place on Day 1, Week 1 and every other week thereafter.
3. Tailgates shall be signed by all personnel and submitted to Construction Inspector for recordkeeping.
4. Tailgate topics should be specific to the scope of work of the project.
E. Injury Reporting
1. Contractors shall immediately report injuries or accidents to the Project Manager (regardless of severity). Additionally, contractors are responsible for and must also conduct accident investigations of any injuries that occur on site and provide results to the Project Manager.
2. Use the City Incident Investigation Form (Attachment E), or equivalent, to meet this requirement.
F. Spill Prevention
1. The Contractor is responsible for any spill within the confines of the project and those outside of the construction limits caused by the Contractor’s defective equipment, containers, or personnel.
2. Secondary spill containment systems shall be used to prevent contamination of the environment.
G. Construction in Occupied Buildings
1. When building occupants are present during construction projects additional safeguards must be implemented to eliminate exposures and complaints. Dust/ particulates from demolition, sanding and other construction activities must be controlled by adequate ventilation, or containment and negative air ventilation systems based upon the specific type of activity and particle. Similar controls must be utilized for odorous activities including, but not limited to, carpet adhesive, painting, welding, and coatings.
2. The Contractor shall ensure that the HVAC system is protected to prevent contamination. If an HVAC system is unprotected and contaminated by any construction/demolition materials, the Contractor shall be held responsible for the cost of cleaning the system and any subsequent repairs therein.
3. Negative air ventilation systems shall have appropriate filtration and be exhausted outside of the building.
INSPECTIONS
A. Follow-up inspections will be executed to enforce compliance with safety and health requirements.
B. Follow-up inspections will be conducted as part of routine site inspections by construction inspector and Risk Management employees.
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C. The SPQ aims to provide the City with knowledge of Contractor safety history and safety practices. This minimizes the need for an increased frequency of inspections. In addition, the City will take the following guidelines into consideration when determining the frequency of inspections.
1. Scale of project;
2. The frequency with which the number and types of hazards change as the work progresses;
3. More frequent inspections will be implemented in the beginning of the project; and
4. When the Contractor has never worked for the City.
TRAINING/DOCUMENTATION
A. The contractor will ensure that all personnel are trained for the scope of work they are assigned, as well as the equipment they will be utilizing.
B. Documentation shall be on file with the City prior to project start.
C. Personnel missing training documentation shall not be permitted to work on awarded City projects.
D. Training requirements are mandated by Federal and State Regulations. This may include, but is not limited to, the programs listed in the SPQ.
NON-COMPLIANCE
A. Contractor compliance issues shall be documented on the “Notice of Non -Compliance” form. A copy of this form shall be provided to the Contractor for completion.
B. Upon receipt of the completed “Notice of Non -Compliance” form, the Project Manager and Risk Management will evaluate, based on the incident, and identify, as appropriate, any additional corrective and/or preventive actions for completion.
C. If immediate correction is not feasible, the project will be temporarily stopped until the issue is adequately resolved.
D. City staff with authority to stop work are:
1. Construction Inspector;
2. City Project Manager;
3. City Manager; and
4. Risk Management staff.
E. Any violation or deviation from safety rules, procedures, or regulations, based on evaluation, may be subject to all disciplinary actions listed as follows:
1. Verbal warning
2. Written warning-Notice of Non-Compliance (work may not continue until approved corrections are implemented);
3. Dismissal of non-complying personnel; and/or
4. Termination of Contract.
The City of Redlands maintains the right to terminate any contract for the violation of safety issues without liability to the City.
CITY PERSONNEL
A. All affected City employees will be informed in advance of any construction related work or other contract work which has the potential for impacting their workplace. Notifications will be made to all affected employees via e-mail or written memo by the Project Manager or designee. Notifications must include the following information:
1. Start and end dates of the work to be completed;
2. Work areas to be affected;
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3. Description of work to be completed;
4. Name and phone number of Project Manager;
5. Name and phone number of Construction Inspector; and
6. Name and phone number of Risk Management.
B. Employees should be instructed to notify the Project Manager regarding logistical issues or other concerns. Safety and Health concerns should be directed to either the Project Manager, Inspector, or Safety Specialist.
VII. Recordkeeping
The City’s Human Resources / Risk Management Department will maintain all records prepared in association with this CSP, with copies also place on file with the office of the City Clerk.
VIII. Additional References
https://www.dir.ca.gov/title8/336_10.html
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Attachment A
11 City of Redlands
Acknowledgment of Receipt Statement
I acknowledge by signing this document, that I have received and reviewed the City of Redlands’ Contractor Safety Program and understand that it contains valuable information on the City’s policies and procedures regarding employee safety as it pertains to Contractor activities. Furthermore, I acknowledge that failure to comply with any of these procedures may lead to termination of the contract with the City.
Contractor Signature Contractor Title:
Contractor Name (Print) Date Signed
If you have any questions regarding this document, please contact the Risk Management Division at (909) 798-7514.
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Attachment B
12 Company Name:
Contractor License #: Expiration Date:
Address:
City: State: Zip Code:
Name of Person Submitting Application:
Title: Telephone #:
Email Address:
Identify the highest-ranking Safety/Health Professional in your Company:
Name:
Title: Telephone #:
CITY OF REDLANDS
SAFETY PREQUALIFICATION QUESTIONNAIRE
Omitting or reporting false information on this questionnaire may result in disqualification of bid.
The City of Redlands reserves the right to conduct random or for-cause audits of information stated in this questionnaire. If deemed necessary, additional documentation may be requested by the City to verify responses on this questionnaire.
SECTION 1 – GENERAL INFORMATION
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13 INCIDENT RATES
Provide your actual injury and illness data below:
Provide the NAICS Code Number that best represents
your Firm:
Provide any additional numbers here:
(Provide three full years of data) Last Calendar 2 Years Ago 3 Years Ago
Number of hours worked by all employees:
Total Recordable Incident Rate*:
D.A.R.T. Rate*:
Total Number of Fatalities:
WORKERS’ COMPENSATION INFORMATION
1. Provide your Workers’ Compensation Experience Modification Rate (EMR) Data:
Policy Year
EMR
* If your current EMR is greater than 1.25, initialing here certifies that you will provide a competent, full- time person or representative responsible for safety for all City projects:
Current EMR* * lnitialing here certifies that your firm does not have an EMR:
(Submit a copy of your firm's Loss Run Reports for the last three years if your firm does not have an EMR.)
1 Year Ago:
2 Years Ago: Name of your firm’s Workers’ Compensation carrier:
3 Years Ago: Phone Number of Workers’ Compensation carrier
2. Is your firm self-insured for Workers' Compensation claims? Yes No (If yes, please attach a copy of the latest Annual Report to the State of California Department of Industrial Relations and/or State of California Certificate of Self-Insurance.)
SECTION 3– CITATION HISTORY
1. Has your firm received any regulatory citations in the last threeyears? Yes No If yes, please answer the question below.
SECTION 2 – INCIDENT RATES & WORKER’S COMPENSATION INFORMATION
Incident Rate = [(Total Recordable Cases X 200,000 hours)/ Number of hours worked by all employees]
D.A.R.T. Rate = [(Total Number of entries for Days Away, Restricted and Job Transfer X 200,000 hours)/ Number of hours worked by all employees]
If your latest incident rates and D.A.R.T. rates are greater than 100% of the industry average for all your NAICS code Numbers Listed, your bid may be disqualified.
The industry average can be found at www.bls.gov
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14 2. Were any of the confirmed (Closed) citations classified as Serious, Willful, Repeat, or Failure to abate?
Yes No
3. If yes, please explain:
4. Have you abated all the citations issued to you in the last three years Yes No If no, please explain abatement action plan:
SECTION 4 – SAFETY POLICIES
Questions (Please check YES or NO) YES NO*
1. Does your company provide and adhere to a written Illness Prevention Program (IIPP) (CCR Title 8 §3203(a))? If yes, a copy of the program will be required on-hand at the job site throughout the duration of the contract. Please attach a copy to your bid proposal.
2. Does your company provide and conduct Tailgate Meetings or equivalent with employees at least every 10 working days? (CCR Title 8 §1509(e))
3. Does your company have a policy for disciplinary action for unsafe behavior ensuring employee compliance with safe and healthy work practices? (CCR Title 8 §3203(a)(2))
4. Does your company provide and abide by a written Code of Safe Practices that relates to your firm’s operations. (CCR Title 8 §1509(b)) If yes, a copy of the Code of Safe Practices will be required on -hand at the job site throughout the duration of the contract. Please attach a copy with your bid proposal.
5. Does your company perform JHAs? (CCR Title 8 §1511(b)
6. Does your company provide training and retraining programs for ensuring employee compliance with safe and healthy work practices? (CCR Title 8 §3203 (a)(2), (a)(7)
7. Does your company provide training and retraining programs for ensuring employee compliance *Please provide reason(s) for NO answer in the box below or on a separate sheet of paper.
Failure to provide the above-referenced documents will result in the contractor’s bid being disqualified.
PLEASE ANSWER ALL QUESTIONS BY CHECKING YES OR NO, AND ATTACHING APPROPRIATE DOCUMENTS THAT MAY APPLY OR AS REQUESTED.
SECTION 5 – SAFETY PROGRAMS AND PROCEDURES
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15 YES NO
1. Is Confined Space work anticipated in the scope of the work awarded? (If no, please proceed to Question 2)
If yes, please attach the following: Attached?
Copy of written Confined Space Entry Procedure
List of personnel authorized on jobsite to work in confined space(s) List of personnel authorized on jobsite to serve as Rescue Team Verification of personnel training (copies of certs, cards, etc.)
2. Is work requiring Lockout/Tagout protocols anticipated in the scope of the work awarded? (If no, please proceed to Question 3)
If yes, please attach the following: Attached?
Copy of written Lockout/Tagout (LOTO) Procedure
List of personnel authorized on jobsite to perform LOTO Verification of personnel training (copies of certs, cards, etc.)
3. Is work requiring a personal lift anticipated in the scope of the work awarded? (If no, please proceed to Question 4)
If yes, please attach the following: Attached?
List of personnel authorized on jobsite to use lifts
Verification of personnel training (copies of certs, cards, etc.)
4. Is work requiring a forklift anticipated in the scope of the work awar ded? (If no, please proceed to Question 5)
If yes, please attach the following: Attached?
List of personnel authorized on jobsite to use a forklift
Verification of personnel training (copies of certs, cards, etc.)
5. Is work requiring a crane anticipated in the scope of the work awarded? (If no, please proceed to Question 6)
If yes, please attach the following: Attached?
Copy of written Crane Program
Copy of all expected Crane operators’ Certifications List of personnel designated as Competent under Crane program
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16 6. Is Hot Work (as defined by OSHA) anticipated in the scope of the work awarded? (If no, please proceed to Question 7)
If yes, please attach the following: Attached?
Copy of written Hot Work Procedure
List of personnel authorized on jobsite to perform Hot Work Verification of personnel training (copies of certs, cards, etc.)
7. Is Trenching/ Excavation work anticipated in the scope of the work awarded? (If no, proceed to Question 8)
Is a plan in place for the disposal of all material that cannot be returned to the trench/ excavation? Are appropriate materials for barricading or securing work area at jobsite?
Has a permit from the Department of Industrial Relations for excavations deeper than 5 feet been obtained?
If yes, please attach the following: Attached?
Copy of written Trenching/ Excavation Procedure
Copy of Permit if trench is to exceed depth of 5 feet
List of personnel designated as Competent under Trenching/ Excavation Program
Verification of personnel training (copies of certs, cards, etc.) NOTE: If awarded bid, more documentation may be required
8. Is electrical work anticipated in the scope of the work awarded? (If no, proceed to Question 9) If yes, please attach the following: Attached?
Copy of written Electrical Safety Program
List of personnel designated as Competent under Electrical Safety Program Verification of personnel training (copies of certs, cards, etc.)
9. Is work that may have an arc flash potential anticipated in the scope of the work awarded? (If no, proceed to Question 10)
Are all materials required to safely perform arc flash present? If yes, please attach the following: Attached?
Copy of Arc Flash Procedure
List of personnel designated as Competent under Arc Flash Program Verification of personnel training (copies of certs, cards, etc.) Redlands Regular Meeting of 02-17-26
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17 10. Is work involving chemicals anticipated in the scope of the work awarded? (If no, proceed to Question 11)?
If yes, please attach the following: Attached?
Copy of written Hearing Conservation Program
List of personnel working in high noise areas
Verification of personnel training (copies of certs, cards, etc.)
11. Is work involving chemicals anticipated in the scope of the work awarded? (If no, proceed to Question 12)?
* Copies of SDS for Chemicals used must be kept at jobsite Please attach the following: Attached?
Copy of written Hazard Communication Program
List of personnel performing work with chemicals
Verification of personnel training (copies of certs, cards, etc.)
List trade names of all hazardous materials which you will be using on site:
12. Is work on or adjacent to public roadways anticipated in the scope of the work awarded? (If no, proceed to Question 13)
Do you have the appropriate provisions (signs, devices, barricades/) Please attach the following: Attached?
Please provide a list of personnel working in traffic areas. Verification of personnel training (copies of certs, cards, etc.) NOTE: If awarded bid, more documentation may be required
13. Is it anticipated in the scope of the work awarded that exposure to asbestos is possible? (If no, proceed to Question 14)
Please attach the following: Attached?
Copy of written procedure(s)
List of personnel working with potential exposure to asbestos Verification of personnel training (copies of certs, cards, etc.) Redlands Regular Meeting of 02-17-26
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18 14. Is it anticipated in the scope of the work awarded that exposure to silica is possible? (i.e. sandblasting, concrete demolition, concrete saw cutting, surface grinding, etc.) (If no, proceed to Question 15)
Please attach the following: Attached?
Copy of Silica Control Plan
List of personnel working with potential exposure to silica Verification of personnel training (copies of certs, cards, etc.)
15. Is work at heights anticipated in the scope of the work awarded? (If no, proceed to Question 16) Please attach the following: Attached?
Copy of written Fall Protection Program
List of personnel designated as Competent under Fall Protection Program Verification of personnel training (copies of certs, cards, etc.)
16. Is work requiring the use of respirators anticipated in the scope of the work awarded? (If no, proceed to Question 17)
Please attach the following: Attached?
Copy of written Respiratory Protection Program
List of personnel using respirators
Verification of personnel training (copies of certs, cards, etc.)
17. If the scope of work to be performed is not adequately represented by questions (1 -16), please list any additional Health & Safety concerns below.
In addition to the previous sections, Contractors that have previously been awarded work by the City, will be equally evaluated on their compliance history in relation to City projects.
SECTION 6 – COMPLIANCE HISTORY ON CITY PROJECTS
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19 I Certify under penalty of perjury that:
a. the information contained herein is true and correct to the best of my knowledge, and
b. no attempt has been made to give false or misleading information or to withhold any information.
Signature of Authorized Representative: Title of Authorized Representative Printed Name of Authorized Representative Date Signed:
SECTION 7 – CERTIFICATION STATEMENT
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20 Attachment C
NOTICE OF NON-COMPLIANCE
Project:
Contractor:
Notice of Non-Compliance was issued to Contractor’s representative, , Name
on at .
The following unsafe behaviors were observed at the Contractor’s job site:
If the unsafe condition is not immediately corrected, the City of Redlands may take disciplinary action in accordance with the Contractor Safety Program guidelines. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ To be completed by Contractor
Corrective action plan to abate hazards:
Unsafe Condition Resolved: Date: Time:
Remarks:
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21 Attachment D
Job Hazard Analysis
Project:
Company: Project Safety Official: Project Manager (City):
Scope of Work: Location: Date:
Tasks Potential Safety
Risks/Hazards
Safety
Controls/Mitigate
Required PPE
Hard Hat
Safety Vest
Safety Glasses/Goggles
Safety Boots
Respirator
Safety Gloves
Face Shield
Fall Protection
Other:
Signatures of Employees On-Site this JHA is applicable to:
Employee Signature: Print Name: Date:
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22 Attachment E
INCIDENT INVESTIGATION FORM
Date of Incident: Time of Incident: Date Reported:
Lead Investigator: Contact Information:
Contractor: Employee Name:
Witness 1 Name: Telephone:
Witness 2 Name: Telephone:
Incident Site/ Location
Incident Summary:
Near Miss Yes No Incident Severity: Minor Significant Major Critical Root Cause(s):
Corrective Actions:
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APPENDIX E
CITY OF REDLANDS MUED GENERAL PERMIT CONDITIONS
AND TRENCH SPECIFICATIONS
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CITY OF REDLANDS
MUNICIPAL UTILITIES AND
ENGINEERING DEPARTMENT
GENERAL PERMIT CONDITIONS
AND TRENCH SPECIFICATIONS
Revised
February 20, 2020
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TABLE OF CONTENTS
1 - GENERAL
1.1 Standards and Specifications
1.2 Changes or Additions to Per mit
1.3 Relocation
1.4 Utility Construction
1.5 Licensed Contractor
1.6 Permit Possession
1.7 Permittee Responsibility
1.8 Hold Harmless
1.9 Notification
1.10 Inspection
1.11 Failure to Comply
2 – PUBLIC CONVENIENCE & SAFETY
2.1 Traffic and Access
2.2 Traffic Control
2.3 Working Hours
2.4 Dewater Operations
2.5 Closing Roads
3 - PRESERVATION OF PROPERTY
3.1 Protection of Property
3.2 City Facilities
3.3 Traffic Signals
3.4 Survey Monuments
3.5 Underground Service Alert Markings
4 - PROJECT SITE MAINTENANCE
4.1 Clean-up and Dust Control
4.2 Truck Routes
4.3 Storage in City Roads
4.4 Emergency Response
4.5 Maintenance of Trenches
5 - MATERIALS AND EQUIPMENT
5.1 Pavement Traffic Markings & Striping
5.2 Asphalt Concrete
5.3 Rubberized Asphalt Concrete
5.4 Base Material
5.5 Grading Equipment
5.6 Track Equipment
5.7 Paving Equipment
6 - TRENCHING
6.1 Definition of Trenching
6.2 Cal OSHA
6. 3 New Roads
6.4 Pavement Removal
6.5 Open Trench
6.6 Trench Bridging
6.7 Protective Fencing
6.8 Trench Backfill
6.9 Bedding Zone
6.10 Narrow Trench
6.11 Inclement Weather
7 - COMPACTION
7.1 Relative Compaction (RC)
7.2 Compaction Frequency and Location
7.3 Test Reports
7.4 Mechanical Compaction
7.5 Water Densification
8 - TRENCH CONSTRUCTION & REPAIR
8.1 Temporary Pavement
8.2 Trench Pavement Repair - General
8.3 Permanent AC Paving Repair
8.4 Overlay Paving
8.5 Excessive Pavement Removal
8.6 Pavement Resurfacing
8.7 Driveway Approaches
8.8 Portland Cement Concrete
8.9 Trench Failure and Repair
STANDARD DRAWINGS
TITLE NUMBER
Trench Repair General Notes 190
T-Cut Trench Repair 191
Butt Joint Trench Repair 192
Trench Overlay Detail 193
Plate Bridging Detail 194
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1 1 - GENERAL
1.1 Standards and Specifications -- The work shall be done in accordance with the current City of Redlands Standards, Standard Specifications for Public Works Construction (Greenbook), latest edition, and these Conditions and Specifications. Any deviation from said requirements must
be approved in writing by the City Engineer.
1.2 Changes or Additions to Permit -- The City reserves the right to make any changes or additions to a permit after issuance if such changes or additions are believed necessary for the protection of roads or for the health and safety of the public.
1.3 Relocation -- If any part of an installation interferes with the present use of roads by the general public or is in conflict with future or current City improvement projects, it shall be removed or relocated as directed by the City at the expense of the Permittee or his successor in interest.
1.4 Utility Construction -- Permits for utility trenching, including utility service trenching, within City right-of-way, shall be issued to the respective utility purveyor or a California licensed contractor.
The Permittee shall warranty the trench repair in perpetuity.
1.5 Licensed Contractor -- All excavation, repair and restoration in City road right-of-way shall be performed by a contractor with the appropriate license issued by the State of California Contractors License Board or by utility purveyor's regular employees.
1.6 Permit Possession -- Other than emergency repairs, there shall be no work performed in City road right-of-way until an encroachment permit is issued. A copy of this permit, a set of approved plans and permits required by any other legally constituted authority shall be on site at all times construction is in progress. Permits that require excavation shall be valid only after an Underground Service Alert (USA) inquiry identification number is issued if an excavation is to take place.
1. 7 Permittee Responsibility -- In addition to all conditions herein, the Permittee is responsible for safety and construction requirements within the limits of the project. The Permittee and his employees shall abide by all the regulations of any legally constituted authority.
1. 8 Hold Harmless -- The Permittee shall preserve and save harmless the City and each officer and employee thereof, from any liability or responsibility for any accident, loss or damage to persons or property happening or occurring as a proximate result of Permittee’s negligence or the negligence of Permittees' agents, servants, employees or contractors in the design or performance of any work undertaken under any permit granted to Permittee pursuant to the application.
1. 9 Notification -- Except in emergencies, the Permittee shall notify the City one working day, excluding weekends and holidays, prior to starting a project and for each phase of construction.
In addition, the Permittee shall notify USA 48 hours prior to any excavation.
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2 1.10 Inspection -- All construction performed in relation to a road permit shall be inspected prior to and during installation by City personnel. Construction performed without inspection may be subject to removal and replacement. The entire cost of removal and replacement shall be borne by the Permittee, regardless of whether the installation removed was found to be defective.
1. 11 Failure To Comply -- Should a Permittee fail to comply with the provisions of the encroachment permit or the requirements of any legally constituted authority, the City Engineer may order the Permittee to stop work, wholly or in part, until the discrepancies have been resolved to the City's satisfaction. Upon satisfactory completion of corrections, written approval from the City shall be required before work may resume. Failure to comply with this requirement shall result in revocation of permits. The City
may perform work required or arrange for the work
to be done and the entire cost of the required work shall be borne by the Permittee.
2 - PUBLIC CONVENIENCE AND SAFETY
2.1 Traffic and Access -- The Permittee's operation shall cause no unnecessary inconvenience to the public. The access rights of the public shall be considered at all times and unless otherwise authorized, traffic shall be permitted to pass through the work area at all times.
Safe and adequate
pedestrian and vehicular access shall be provided and maintained to fire hydrants, residences, commercial and industrial establishments, churches, schools, parking lots, service stations, motels, fire and police stations, hospitals, and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the City Engineer.
2.2 Traffic Control -- Traffic Control shall conform to the current Work Area Traffic Control Handbook (WATCH) or other traffic control manuals may be used with approval of the City Engineer.
2.3 Working Hours -- Except for emergency repairs, no work shall be performed within C ity road right-of-way on weekends, City holidays, before 7 AM or after 4 PM unless authorized by the City Engineer.
2.4 Dewater Operations -- Release of, or the directing of water onto City roads shall be authorized only by the City and shall include traffic control per Section 2.2, clean -up per Section
4.1 and erosion control. If erosion occurs, grading shall be as required in Section 5.4. Discharges shall comply with the National Pollutant Discharge Elimination System (NPDES) and with federal law,
state law and local ordinance.
2.5 Closing Roads -- No road shall be closed without authorization from the City Engineer except in the case of an emergency. An authorized road closure will allow the detour of through traffic only. The Permittee shall provide a smooth dust controlled route that allows unimpeded access for emergency vehicles and residents at all times. A minimum of ten (10) working days are required to process the application.
To apply for a road closure authorization, submit the following to the City of Redlands One Stop Permit Center, 35 Cajon Street Suite 15A, Redlands, CA 92373 .
Written request for the closure with the time schedule included.
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3 Detour route and sign locations, a detour plan designed by a Registered Civil or Traffic Engineer, if required by the City.
3 - PRESERVATION OF PROPERTY
3.1 Protection of Property -- The Permittee shall be responsible for the protection of public and private property adjacent to the work and shall exercise due caution to avoid damage to such property.
The Permittee shall repair or replace all existing improvements damaged within the right-of-way which are not designated for removal on the approved plans to match the original in finish and dimension. Trees, lawns and shrubbery that are not designated for removal on the plans shall be protected from damage or injury. If damaged or removed because of the Permittee operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible as approved by City personnel. The Permittee shall give seven (7) days notice to occupants or owners of adjacent property to allow them to salvage or relocate plants, trees, fences, sprinklers and other improvements within the right-of-way which are designated for removal on the plans and would be destroyed because of the work.
3.2 City Facilities -- Prior to construction, the Permittee shall assess the condition of City facilities within project limits and report to the inspector all damaged, defaced or missing pavement, sidewalk, curb, gutter, traffic signs, pavement markings or hazardous conditions that may exist before work is started. Prior to final acceptance of the project, all City facilities shall be in the same or better condition as determined by City personnel.
3.3 Traffic Signals -- Traffic signal detector loops, wiring or appurtenant facilities damaged by the Permittee's operation shall be reported immediately to the City. Any damage shall be repaired immediately at no expense to the City as directed by the City.
3.4 Survey Monuments -- The Permittee shall locate, protect or tie-out all survey monuments which may be disturbed or destroyed. Survey monuments shall be located, referenced and a Corner Record filed with the County Surveyor prior to the start of construction. Following completion of the work, the monuments shall be reset in the surface of the new construction, a suitable monument box placed thereon, or permanent witness monuments set and a Corner Record filed with the County Surveyor prior to final project notice of completion issued by the City.
All work shall be performed under the direction of a licensed Land Surveyor or registered Civil Engineer at no expense to the City.
3. 5 Underground Service Alert Markings -- All Underground Service Alert (USA) markings shall be accomplished by the use of marking chalk only. It shall be the responsibility of the Permittee to verify the use of marking chalk when requesting USA services. Any USA markings resulting from Permittee activity shall be removed
by sandblasting, sodablasting or water blasting
ensuring all NPDES regulations are complied with. Markings must be removed by the Permittee within thirty (30) days from the completion of construction at no expense to the City. If the Permittee fails to remove the markings within the 30 days, the City will remove the markings.
The Permittee will be responsible for all costs incurred by the City in accordance with Section Redlands Regular Meeting of 02-17-26
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4 12.20.170 of the City of Redlands Municipal Code. If damage to existing improvements occurs during the removal of USA markings, it shall be repaired to the original condition by the Permittee and approved by the City. Utilizing paint to cover over markings will not be accepted.
4 - PROJECT SITE MAINTENANCE
Surplus dirt, debris, rocks or building materials shall be contained during permit work and the site broomed daily to reduce possibility of being carried by runoff into a storm drain, stream or natural drainage course or lake. At the completion of the permit work, the previous drainage patterns must be restored. Material shall not be placed in such a manner which might result in the blockage of any drainage structure at either the inlet or outlet.
4.1 Clean-up and Dust Control -- Throughout all phases of construction, including suspension of work, the Permittee shall keep the work site clean and free from rubbish and debris. The Permittee shall also abate dust nuisance by cleaning, sweeping and sprinkling with water or other means as necessary. The use of water resulting in mud on roads or drainage facilities will not be allowed as a substitute for sweeping or other cleaning methods.
All soil and construction material
shall be removed prior to that portion of the road being made available to traffic.
4.2 Truck Routes -- When required by the City, obtain a truck route permit before beginning work. Permits are issued approximately five (5) working days after filing of proper plans, fees and application to the City. Care shall be exercised to prevent spillage on, or damage to City roads. Any such spillage or damage shall be removed or repaired immediately. Dust control and traffic control shall be provided for all hauling operations.
4.3 Storage in City Roads -- There shall be no equipment or materials stored or stockpiled in road right-of-way. Equipment and materials shall be removed from road right-of-way when not in use and at the end of each working day, except as approved by the City Engineer. Offsite storage locations must be approved by City and property owner prior to occupation of the site.
4. 4 Emergency Response -- Before work is started, the Permittee shall furnish names and telephone numbers of persons on-call if emergency work is required by the City. The City, at its sole discretion, may elect to perform emergency work if it is judged as necessary for the protection of the roads or for the health and safety of the public. All emergency work shall be accomplished at no expense to the City.
4. 5 Maintenance of Trenches -- Permittee shall perform continuing maintenance of all trenches, including periods of suspension of work, during the course of construction and shall maintain the trench for the life of the installation.
5 - MATERIALS AND EQUIPMENT
5.1 Pavement Traffic Markings and Striping – All damaged or removed pavement traffic markings and striping shall be replaced in kind within calendar 14 days from the completion of resurfacing operations.
If the Permittee fails to replace damaged striping or markings within calendar 14 days, the City will complete the work and the Permittee will be responsible for all Redlands Regular Meeting of 02-17-26
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5 costs incurred by the City in accordance with Section 12.20.10 of the City of Redlands Municipal Code.
Visual uniformity, as determined by City personnel, may require that adjacent markings, additional length of marking on each side or all markings within an intersection be replaced by the Permittee at no cost to the City.
Partial replacement of transverse markings (i.e. stop bars, crosswalks) will not be allowed and must be replace in entirety.
5.2 Asphalt Concrete -- Paving asphalt shall be C2 or D1 – PG 64-10 (1/2” or 3/8”) for finish paving, depending on overlay thickness, and B – PG 64- 10 (3/4”) for base paving . Asphalt concrete for Type D1 or Type D2 curb shall be D2 - PG 70-10.
5.3 Rubberized Asphalt Concrete –
Rubberized asphalt concrete shall be Asphalt Rubber Hot Mix (ARHM) Wet Process per City of Redlands Standards and Standard Specifications for Public Works Construction (Greenbook), latest edition.
5.4 Base Material -- Base material shall be Crushed Aggregate Base (CAB), Crushed Miscellaneous Base, Fine Mix (CMB) per Greenbook, latest edition or Class 2 Base (3/4” Max,) per 2010 Caltrans Specifications or as approved by City personnel.
5. 5 Grading Equipment -- Grading of soil roads or soil shoulders may be accomplished by any means that will provide a smooth, compacted and uniform surface that varies less than 0.1 foot in 10 feet for line or grade up to 300 feet. Projects greater than 300 feet in length will require grading be performed by an approved motor grader.
5. 6 Track Equipment -- Track equipment and outriggers used on paved surfaces shall be equipped with street pads and be operated so as not to mar the surface or cause damage to any City facility. If pavement is marred, it shall be resurfaced over the entire width as required in Section 8, Trench Resurfacing. If City facilities are damaged, they shall be replaced or repaired as specified in Section 3, Preservation of Property.
5. 7 Equipment -- Paving 6 feet wide or wider in a driving lane shall be accomplished by use of a paving machine approved by City personnel. Shoulder paving and miscellaneous paving shall be as approved by the City.
6 – TRENCHING
6.1 Definition of Trenching -- Trenching shall be defined as any operation in which asphalt pavement, concrete pavement, earth, or other material on the surface is moved, removed, or otherwise displaced by means of hands, tools, or equipment in any of the following ways:
trenching, digging, ditching, drilling, augering, tunneling, cutting or any other method not specified.
6.2 CalOSHA -- All excavations shall conform to the requirements of the State of California Division of Occupational Safety and Health. The applicant for a road permit shall possess a Redlands Regular Meeting of 02-17-26
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6 permit to excavate from the Division of Industrial Safety, Department of Industrial Relations, State of California.
6. 3 New Roads – Per Section 12.20.030 of the City of Redlands Municipal Code, there shall be no trenching activity on streets paved or resurfaced within the previous 5 years unless otherwise authorized by the City Engineer.
If authorized, the Permittee shall be required to overlay the roadway to restore it to its original condition per Standard Drawing Number 193, Trench Overlay Detail or complete repair improvements as determined by City Engineer.
To determine if a street
is subject to a moratorium, visit www.cityofredlands.org/MUED/engineering/encroachment and access the Moratorium Streets Map. The map is updated regularly, however if conflicts or questions
arise please contact the One Stop Permit Center at (909) 798-7551.
6. 4 Pavement Removal -- Paving shall be cut for removal and excavated in a manner that does not disturb the adjacent pavement. Paving shall be sawcut or cold planed for permanent repair as specified in Section 8. Remnant strips of paving less than 5 feet wide shall be removed and included in the replacement paving. Replacement paving along the edge of paving that does not have curb and gutter, AC dike or AC berm shall be a minimum of 5 feet wide. When sidewall
slippage occurs within the trench under the pavement, the pavement in the affected area shall be removed and the area of slippage shall be recompacted, paving of this area shall be included in the replacement paving. Any voids under the pavement shall be filled by an appropriate method approved by the inspector.
6. 5 Open Trench -- The maximum length of open trench (excavation or backfill not resurfaced) allowed during construction shall be the distance of construction which can be reasonably installed in a single day. An open trench shall be attended by contractor's personnel at all time s.
Where pavement has been removed, a minimum of 2 inches of temporary paving shall be placed before that area is made available to traffic. Before leaving the project and at the end of each day, all areas of pavement removal, including sidewalk, drainage courses and driveway approaches shall be backfilled, compacted and surfaced with temporary asphalt. Upon approval of the City,
appropriate areas of the trench may be protected by plate bridging or protective fencing.
6. 6 Trench Bridging -- Plate bridging in the traveled way shall be per Standard Drawing Number 194, Plate Bridging Detail detail herein with traffic control per Section 2.2, Traffic Control.
6. 7 Protective Fencing -- When protective fencing is used to secure an area, it shall be constructed of 6 foot high, pipe framed chain link panels or equal material, secured into position and placed in a manner that there are no gaps larger than 3 inches. Fencing shall be placed a minimum of 4 feet from the nearest driving lane and shall be protected by appropriate signing and barriers per Section 2.2, Traffic Control.
6. 8 Trench Backfill -- Unless otherwise specified by the City, the trench shall be backfilled with Base Material, as defined within Section 5.4. Native soil backfill will not be allowed as backfill material and shall be disposed of at the cost of the Permitee. The backfill shall be installed per Standard Drawing Number 191, T-Cut Trench Repair.
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7 Any trenching that involves bundled conduits of more than five (5) 2 inch conduits shall be slurry backfilled with 1-1/2 sack slurry.
6.9 Bedding Zone -- Unless otherwise specified by the City, imported sand shall be used backfill within the bedding zone area as defined on the attached surface restoration and trench b
ackfill d etail. Select native soil from excavation may be used as a suitable backfill if the material is determined to provide a sand equivalent greater than 30 by use of California Test 217 (ASTM D2419-09).
6. 10 Narrow Trench -- Unless otherwise authorized, trenches in paved areas, 1-foot or less in width, shall be backfilled to pavement subgrade with 1-1/2 sack aggregate/cement slurry. The slurry shall be protected until cured and pavement placed per Section 8, Trench Resurfacing.
6. 11 Inclement Weather -- Other than emergency repairs or as directed by the City, there shall be no excavation within the traveled way of City roads during periods of inclement weather.
7 - COMPACTION
7.1 Relative Compaction (RC) -- RC of 95% minimum shall be required for asphalt pavement, paving base material and backfill material. RC of 90% minimum shall be required for all backfill within the bedding zone as defined in Section 6.9 . All compaction shall be in accordance with California Test No. 216 or No. 231 (ASTM D-1556 or D-1557 -70). Use of an alternate compaction test method (e.g. Dynamic Cone Penetrometer) must be approved in advance and will be approved on a case-by-case basis.
7.2 Compaction Testing Frequency and Location -- Trench backfill testing shall be at 250 foot maximum intervals. One test shall be performed for each 4 feet of depth or fraction thereof.
Pavement subgrade and pavement base material shall be tested at 500 foot intervals. Tests for backfill shall be taken at mid-depth of each 4 feet of backfill starting at the top of the installation. 20% of laterals and 100% of manholes shall be tested independently of the main line. Failure of a compaction test will result in the entire area represented by that test being uniformly reworked and retested at a random location.
7. 3 Test Reports -- Tests shall be certified by a registered California Civil or Geotechnical Engineer or testing laboratory in accordance with the State of California test requirements. Test locations shall be determined by City personnel. Test reports shall be listed individually for each trench or for each type and phase of construction that includes an accurate description of the test location. Compaction reports shall be submitted to Inspector prior to permanent paving. If an alternate compaction method is approved per Section 7.1, alternate test reports specified at time of permit issuance shall be submitted.
7.4 Mechanical Compaction -- Backfill shall be placed in horizontal layers of thickness compatible to the material being placed and the type of equipment being used. Each layer shall be evenly spread then tamped or rolled until the specified relative compaction is attained.
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8 7.5 Water Densification -- Densifying by ponding and jetting will not be allowed within 4-feet of finish grade unless confined to the pipe zone and approved by the Inspector. Water densification may be allowed when, as determined by City personnel, the base and backfill materials have a sand equivalent of 20 or greater (California Test No. 217) and are of such character that they will be self-draining when compacted and the foundation material will not soften, or otherwise be damaged by the applied water. For authorization to use water densification, submit request and test reports representing the foundation soils and backfil l material, at a maximum of 1000 foot intervals to the Inspector five (5) working days prior to starting work.
8 - TRENCH RESURFACING
8.1 Temporary AC Pavement -- Temporary asphalt compacted to 2 inches thick shall be placed and maintained in a smooth and compacted condition at all locations where paving has been removed and before traffic is allowed to pass over areas of pavement removal. Temporary asphalt shall be removed for permanent repair.
8.2 Pavement Repair-General – Any damaged paving shall be replaced in kind. Permittee shall ensure any areas with existing rubberized asphalt concrete are repaired with rubberized asphalt concrete, independent of the amount of repairs necessary. Damaged paving adjacent to the trench edges shall be sawcut and removed in rectangular sections. Remnant strips of paving 5
feet wide or less will be removed and that area included in the paving repair. Asphalt paving shall be placed in a minimum of two lifts and be a minimum of 95% RC. The repaired section shall be 1 inch thicker than the existing paving but not less than 3 inches thick. Paving shall be placed within thirty (30) days of completion of the subsurface installation in accordance with Section 1.5. Areas to be joined with asphalt paving shall be cleaned of all soil and foreign material and
tacked 100% coverage of asphaltic emulsion or paint binder.
8.3 Permanent Pavement Repair -- Base paving will be in compacted lifts a minimum of 2 inches and a maximum of 3 inches thick and shall be B – PG 64-10 (3/4”). Finish course shall be a minimum of 1 inch and a maximum of 2 inches thick of C2 or D1 – PG 64- 10 (1/2” or 3/8”), depending on overlay thickness, flush with the existing paving. In areas requiring rubberized asphalt concrete pavement repair the entire pavement section shall be replaced with ARHM Wet Process, per Section 5.3. Trench sections over 6 feet in width shall utilize a self-propelled vibrating screed paving machine (Barber-Greene or equivalent) and may be subject to additional requirements.
8. 4 Overlay Paving -- An overlay will be required for any roads paved or resurfaced within the previous 5 years per Section 6.3 , New Roads. Any roads with trenches that are classified as excessive pavement removal, as defined in Section 8.5 , will also be required to provide an overlay per Standard Drawing Number 193, Trench Overlay Detail. The determination of the overlay shall be made by the City at the prebid/preconstruction meeting or prior to issuance of the permit. Substantial damage to the roadway beyond the trench excavation as a result of negligence by the Permittee or their contractor shall meet or exceed prior street conditions and will be determined by the City.
The overlay, when required, shall be a minimum of 1 inch or 1 - 1/2 inches of C2 or D1 – PG 64-10 (1/2” or 3/8”), depending on overlay thickness, placed with a Redlands Regular Meeting of 02-17-26
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9 paving machine per Section 5.6 and shall extend beyond pavement removal a minimum of 18 inches laterally and 18 inches longitudinally from the sawcut edge and shall cover the driving lane or shoulder full width. Roads that have a superelevation or tilt cross section may require full road width overlay in the area of the superelevation or tilt section. When paving occurs where striping exists the paving joint shall be centered on the striping and all damaged striping replaced per Section 5.1, unless otherwise noted.
8. 5 Excessive Pavement Removal -- Any road subjected to removal of six or more separate areas of pavement, or the removal of 15% of the total area of a lane or shoulder, by a Permittee within a 300 foot length of street, shall be classified as excessive pavement removal and require an overlay per Section 8.4 and Standard Drawing Number 193, Trench Overlay Detail. Any trenching activities performed within 1 year , within a 300 foot length, by the same Permittee, shall be evaluated by City staff to determine if the trenching activities classifies as excessive pavement removal.
8.6 Pavement Surfacing -- Where there are existing surface coats on the existing paving, open graded paving, slurry seal, chip seal or any type of surfacing that has been removed, the surfacing and paving shall be replaced in kind to the extents of the pavement repair.
8. 7 Driveway Approaches -- Driveway approaches constructed of asphalt concrete shall be repaired as required and shall also be overlaid with a 1 -1/2 inch thick full width overlay to the property line or slurry sealed.
8. 8 Portland Cement Concrete -- Potholes or trenches in PCC shall be repaired by sawcutting or grinding and removed in full panels at the score lines or as directed by City personnel.
8. 9 Trench Failure and Repair -- When the City notifies Permittee of a failure of the trench (settlement, excessive cracking or alligatoring, etc.) Permittee shall coordinate the proposed trench repair method and schedule with the City.
If the Permittee fails to repair the trench within
calendar 14 days from the date of written notice, the City will complete the repair and the Permittee will be responsible for all costs incurred by the City in accordance with Section
12.20.17 0 of the City of Redlands Municipal Code.
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11 STANDARD DRAWINGS
Std. Dwg. No. Title
190 Trench Repair General Notes
191 T-Cut Trench Repair
192 Butt Joint Trench Repair
193 Trench Overlay Detail
194 Plate Bridging Detail
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TRENCH REPAIR GENERAL NOTES
TRENCH REPAIR GENERAL NOTES
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CITY OF REDLANDS MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT Redlands Regular Meeting of 02-17-26
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T-CUT TRENCH REPAIR
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CITY OF REDLANDS MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT NOTES
GRIND AND OVERLAY THICKNESS
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City Council Meeting H. 2.
DATE: 02/17/2026
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of the non-professional service agreement with Kirtley Construction, Inc. for On-Call Sewer Collection System Repair on an as-needed basis for an amount not-to-exceed $550,000, and determination that this action is exempt from environmental review pursuant to Section 15301(b) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Interim Director Casey) 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 non-professional service agreement with Kirtley Construction, Inc. is exempt from environmental review pursuant to section 15301(b) of the State's guidelines implementing the California Environmental Quality Act; and
1. I further move to approve the non-professional service agreement with Kirtley Construction Inc. for On-Call Sewer Collection System Repair on an as-needed basis for an amount not-to-exceed $50,000 for the initial term from effective date to June 30, 2026 with the option to extend the agreement for two (2) additional one (1) year terms at $250,000 each year.
2. RECOMMENDATION:
Staff recommends that City Council determine approval of the non-professional services agreement with Kirtley Construction, Inc. is exempt from environmental review pursuant to section 15301(b) of the State's guidelines implementing the California Environmental Quality Act, and approve the non-professional service agreement with Kirtley Construction, Inc. for an amount not-to-exceed $50,000 for a potential total amount not-to-exeed $550,000.
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DISCUSSION:
In accordance with California State Water Resource Control Order No. 2006-0003 DWQ, Statewide General Waste Discharge Requirements for Sanitary Sewer Systems under Waste Discharge Identification Number 8SSO10558, the City is required to properly maintain the wastewater collection system to minimize and prevent sanitary sewer overflows (SSOs), or other sewer related issues. Preventive maintenance and repairs of this system are necessary to avoid service interruptions, protect city assets, promote public health and safety, and protect the environment. Occasionally, emergency repairs and construction activities that exceed the City staff's capacity are required and quick support from a utility pipeline contractor significantly reduces risk for the City.
In accordance with Redlands Municipal Code 2.16.180, staff issued a Request for Bids (RFB) for On-Call Sewer Collection System Repair on an as-need basis in late 2025. The RFB requested unit prices for single quantities of typical services for bid comparison only. No minimum quantity or value of work is guaranteed and actual costs will be determined as services are needed throughout the year. The selected contractor is required to be available twenty-four (24) hours a day and must mobilize for emergency work within two (2) hours of notification. The City Clerk's office received the following Five (5) proposals on December 3, 2025:
BIDDER LOCATION AVERAGE UNIT PRICE
(BID ITEM 13-18)
Kirtley Construction Inc, dba
TK Constructions
San
Bernardino, CA
$1,660.00
MCC Pipeline, Inc. Yucaipa, CA $1,991.67
Tryco General Engineering Rimforest, CA $2,950.00
Big Ben Inc. Irvine, CA $2,964.83
Giles Engineering Lake Elsinore,
CA
$11,756.98
Staff reviewed the bid submitted by Kirtley Construction, Inc., and determined it was accurate and that Kirtley Construction, Inc. is the lowest responsive bidder.
Staff recommends City Council approval of the non-professional Services agreement with Kirtley Construction, Inc., with an initial term from the effective date to June 30, 2026, not to exceed a value of $50,000. If approved, the Agreement may be extended for two (2) additional one (1) year terms with an annual not-to-exceed value of $250,000, for a potential agreement value of $550,000.
Approval of the non-professional service agreement with Kirtley Construction, Redlands Regular Meeting of 02-17-26
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Approval of the non-professional service agreement with Kirtley Construction, Inc. is exempt from environmental review pursuant to section 15301(b) of the State's guidelines implementing the California Environmental Quality Act (CEQA), which exempts maintenance and repair of public utility systems.
ALTERNATIVES:
City Council may deny staff's recommendation and provide alternate direction.
STRATEGIC PLAN:
N/A
SUBMITTED BY:
Ray Casey, Interim 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:
Bryan Arellano, Assistant Engineer
Fiscal Impact
Fiscal Year: FY 25/26
Appropriation Required Y/N: N
Budgeted Y/N: Y
Account No.: 521900
Discussion:
There is no fiscal impact associated with this action. The cost for this service is included in the FY 25/26 Wastewater Service Fund Budget for the initial term.
The required funds for the extended terms will be allocated in the FY 26/27 and FY 27/28 budgets.
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Attachments
A. Service Agreement
B. Bid Report
C. Bid Proposal
D. Bid Analysis
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AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES
FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS
This agreement for the provision of On -Call Sewer Collection System Repair (“Agreement”) is made and entered in this 17 th day of February, 2026 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Kirtley Construction, 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 On-Call Sewer Collection System Repair 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.
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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 des ignates Ray Casey , Interim Municipal Utilities Engineering 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.
4.2 The term of this Agreement shall be for a period commencing on the Effective Date of this Agreement until June 30, 2026 (the “Initial Term”). The City shall have the option to extend the Initial Term of this Agreement by two (2) additional one- year terms (each, an “Extended Term”), on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term. The Initial Term and the Extended Terms are hereby collectively, referred to herein as the “Term” of this Agreement.
4.3 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit “B,” which is attached hereto and incorporated herein by this reference, in an amount equal to one hundred percent (100%) of the total compensation to be paid to Contractor pursuant to this Agreement.
ARTICLE 5 – PAYMENTS TO CONTRACTOR
5.1 The compensation for Contractor’s performance of the Services shall not exceed the amount of Fifty Thousand dollars ($50,000) for the Services provided during the Initial Term. Should this Agreement be extended , the compensation for Contractor ’s performance for the Services shall not exceed the amount of T wo Hundred F ifty Redlands Regular Meeting of 02-17-26
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Thousand dollars ($250,000) for the first Extended Term, and T wo Hundred F ifty Thousand dollars ($250,000) for the second Extended Term, bringing the total possible amount of compensation to a not-to-exceed amount of five hundred fifty thousand dollars ($550,000). For the Initial Term and Extended Term, City shall pay Contractor on a time and materials basis up to the not to not -to-exceed amount in accordance with the rates specified in Exhibit “ C,” titled “Price and Fee Bid,” which is attached hereto and incorporated herein by this 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.
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 Troy Kirtley, President
City of Redlands Kirtley Construction, Inc.
35 Cajon Street P.O Box 9608
P.O. Box 3005 (mailing) San Bernardino, CA 92427
Redlands, CA 92373 [email protected]
[email protected] Phone: (909) 473-8739
(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 Redlands Regular Meeting of 02-17-26
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of the State of California. Contractor shall execute and provide City with Exhibit “D,” 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 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.
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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
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.
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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.
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 KIRTLEY CONSTRUCTION, INC.
By: ___________________________ By: ________________________ Mario Saucedo, Mayor Troy Kirtley, President
ATTEST:
___________________________
Jeanne Donaldson, City Clerk
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EXHIBIT "A"
SCOPE OF SERVICES
The work to be performed consists of furnishing all labor, equipment, and material necessary to complete the requested service for the City as required by the Standard Drawings in the City of Redlands’ Sanitary Sewer Systems Standard Specifications.
City’s Sewer pipe material & length listed on Table ES.2 https://www.cityofredlands.org/sites/main/files/file-attachments/pw_standards_spec_2020.pdf?1606863175 Services may include but are not limited to:
• Main line sewer replacement of various sizes and material using SDR-35 pipe. • Main line sewer spot repair of various sizes and material using SDR-35 pipe. • Manhole invert flow line repair
• Manhole ring and cover repair and replacement (City to provide manhole ring and cover).
• Uncover and raise manholes
• Repair and install manhole bench, shaft, and cone
• Contractor to furnish all equipment, material, and personnel to perform sewer bypass (i.e., set up/take down) and maintain the bypass throughout the entire duration of repairs;
• Contractor must be able to conduct traffic control procedures at job site in roadways and pedestrian walkways at the job site during all phases of work. This includes access to all traffic control devices , and compliance per the California Manual on Uniform Traffic Control Devices (CA MUTCD)
• All work to be performed in a safe manner, using the appropriate personal protective equipment and in accordance with the City’s safety practices and CAL-OSHA standards
• Upon request, prepare, and submit for approval and acceptance, an Overflow Response Plan specific to the task and in accordance with the City’s Overflow Emergency Response Plan;
• Billing shall be in-line with the Price and Fee Bid sheet • Contractor is responsible for complete cleanup of job site immediately upon completion
• Contractor shall maintain throughout the life of the contract a valid contractor license issued by the California Contractor State License Board, and having appropriate class and classification for the types of services required by this contract include Class A General Engineering, C34 Pipeline, and/or C42 Sanitation Systems • Enter into a service agreement with the City for services provided above. The service agreement shall be for a period of one (1) year with the option to extend the initial term by two (2) additional one-year terms • Contractor must be available 24-hours a day, 7 days a week, and be able to respond onsite within 2-hours for an emergency call out • Contractor must be within 30 miles from the City of Redlands Municipal Utilities & Engineering Department: 35 Cajon St. Suite 15A, Redlands CA 92373
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Table ES.2
Size Material Length (ft.)
4"
Vitrified Clay Pipe 1910.47
Unknown 532.67
Total 2443.14
6"
PVC 379.45
Vitrified Clay Pipe 31828.09
Total 32207.54
8"
Asbestos Coated Pipe 1096.46
Cast Iron 809.5
Ductile Iron 4225.45
PVC 200844.2
Truss Pipe 1853.04
Vitrified Clay Pipe 234013.17
Unknown 6988.63
Total 449830.45
10"
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Concrete 1148.12
Ductile Iron 662.64
PVC 350.04
Vitrified Clay Pipe 32546.39
Total 34707.19
12"
Cast Iron 1627.02
PVC 4574.92
Truss Pipe 1317.96
Vitrified Clay Pipe 56755.83
Total 64275.73
14"
Ductile Iron 30.4
Vitrified Clay Pipe 626.1
Unknown 3
Total 659.5
15"
PVC 12103.75
Vitrified Clay Pipe 45310.53
Unknown 10
Total 57424.28
18"
Ductile Iron 219.37
Epoxy Lined and Coated Steel 671.27
PVC 1010.78
Vitrified Clay Pipe 43135.05
Total 45036.47
20"
Epoxy Lined and Coated Steel 663.51
Vitrified Clay Pipe 2180.28
Total 2843.79
21"
Vitrified Clay Pipe 141117.3
Total 141117.3
24"
Ductile Iron 358.13
Vitrified Clay Pipe 16588.33
Total 16946.46
27"
Epoxy Lined and Coated Steel 2337.67
Vitrified Clay Pipe 2137.77
Total 4475.44
30"
Ductile Iron 1471.37
Epoxy Lined and Coated Steel 1323.83
Vitrified Clay Pipe 9329.59
Total 12124.79
36"
Vitrified Clay Pipe 130.31
Total 130.31
48"
Reinforced Concrete Pipe 1432.34
Total 1432.34
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EXHIBIT "B"
LABOR AND MATERIAL BOND
Whereas, the City of Redlands, State of California, and Kirtley Construction, Inc. (hereinafter designated as “Principal”) have entered into an agreement (the “Agreement”) whereby Principal agrees to On - Call Sewer Collection System Repair (the “Work”), which said agreement, dated February 17, 2026, and titled as “Agreement to Perform Non- Professional Services for Improvement to Public Builds and Grounds” 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 Five Hundred Fifty Thousand dollars ($550,000) 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 _______________________, 2026.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:
_______________________________________
________________________________________
(Seal and Notarial Acknowledgment of
Surety)
Telephone( ) ___________________________
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EXHIBIT “C”
PRICE AND FEE BID
ITEM DESCRIPTION Unit of Measure Unit Price
1 Raise Sewer Manhole Each $8,500.00
2 Uncover and Raise Sewer Manhole Each $8,500.00
3 Repair Invert Flow Line of Manhole Each $8,500.00
4 Repair Manhole Bench Each $8,800.00
5 Install Manhole Bench Each $8,800.00
6 Repair Manhole Shaft and Cone Each $15,200.00
7 Replace Manhole Ring and Cover (City to Supply Ring & Cover) Each $7,000.00 8 Install new Manhole (City to supply Ring & Cover) Each $26,300.00 9 Main Sewer Line Spot Repair with 4” SDR-35 @ 3'-8' depth Per linear foot $1,200.00 10 Main Sewer Line Spot Repair with 4” SDR-35 @ 8'-15' depth Per linear foot $1,500.00 11 Main Sewer Line Spot Repair with 6” SDR-35 @ 3'-8' depth Per linear foot $1,200.00 12 Main Sewer Line Spot Repair with 6” SDR-35 @ 8'-15' depth Per linear foot $1,500.00 13 Main Sewer Line Spot Repair with 8” SDR-35 @ 3'-8' depth Per linear foot $1,500.00 14 Main Sewer Line Spot Repair with 8” SDR-35 @ 8'-15' depth Per linear foot $1,600.00 15 Main Sewer Line Spot Repair with 10” SDR-35 @ 3'-8' depth Per linear foot $1,600.00 16 Main Sewer Line Spot Repair with 10” SDR-35 @ 8'-15' depth Per linear foot $1,760.00 17 Main Sewer Line Spot Repair with 12” SDR-35 @ 3'-8' depth Per linear foot $1,600.00 18 Main Sewer Line Spot Repair with 12” SDR-35 @ 8'-15' depth Per linear foot $1,900.00 19 Main Sewer Line Spot Repair with 15” SDR-35 @ 3'-8' depth Per linear foot $3,400.00 20 Main Sewer Line Spot Repair with 15” SDR-35 @ 8'-15' depth Per linear foot $4,200.00 21 Main Sewer Line Spot Repair with 18” SDR-35 @ 3'-8' depth Per linear foot $4,800.00 22 Main Sewer Line Spot Repair with 18” SDR-35 @ 8'-15' depth Per linear foot $5,600.00 23 Main Sewer Line Spot Repair with 20” SDR-35 @ 3'-8' depth Per linear foot $5,200.00 24 Main Sewer Line Spot Repair with 20” SDR-35 @ 8'-15' depth Per linear foot $6,000.00 25 Main Sewer Line Spot Repair with 24” SDR-35 @ 3'-8' depth Per linear foot $5,600.00 26 Main Sewer Line Spot Repair with 24” SDR-35 @ 8'-15' depth Per linear foot $7,200.00 Redlands Regular Meeting of 02-17-26
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ITEM DESCRIPTION Unit of Measure Unit Price
27 Main Sewer Line Spot Repair with 27” SDR-35 @ 3'-8' depth Per linear foot $7,600.00 28 Main Sewer Line Spot Repair with 27” SDR-35 @ 8'-15' depth Per linear foot $9,000.00 29 Main Sewer Line Spot Repair with 30” SDR-35 @ 3'-8' depth Per linear foot $9,000.00 30 Main Sewer Line Spot Repair with 30” SDR-35 @ 8'-15' depth Per linear foot $10,000.00 31 Main Sewer Line Spot Repair with 36” SDR-35 @ 3'-8' depth Per linear foot $11,000.00 32 Main Sewer Line Spot Repair with 36” SDR-35 @ 8'-15' depth Per linear foot $12,000.00 33 Main Sewer Line Spot Repair with 48” SDR-35 @ 3'-8' depth Per linear foot $13,000.00 34 Main Sewer Line Spot Repair with 48” SDR-35 @ 8'-15' depth Per linear foot $16,000.00 35 Main Sewer Line Replacement with 4” SDR-35 Pipe @ 3'-8' depth Per linear foot $1,100.00 36 Main Sewer Line Replacement with 4” SDR-35 Pipe @ 8'-15' depth Per linear foot $1,200.00 37 Main Sewer Line Replacement with 6” SDR-35 Pipe @ 3'-8' depth Per linear foot $1,300.00 38 Main Sewer Line Replacement with 6” SDR-35 Pipe @ 8'-15' depth Per linear foot $1,400.00 39 Main Sewer Line Replacement with 8” SDR-35 Pipe @ 3'-8' depth Per linear foot $1,500.00 40 Main Sewer Line Replacement with 8” SDR-35 Pipe @ 8'-15' depth Per linear foot $1,600.00 41 Main Sewer Line Replacement with 10” SDR-35 Pipe @ 3'-8' depth Per linear foot $1,700.00 42 Main Sewer Line Replacement with 10” SDR-35 Pipe @ 8'-15' depth Per linear foot $1,800.00 43 Main Sewer Line Replacement with 12” SDR-35 Pipe @ 3'-8' depth Per linear foot $1,900.00 44 Main Sewer Line Replacement with 12” SDR-35 Pipe @ 8'-15' depth Per linear foot $2,000.00 45 Main Sewer Line Replacement with 15” SDR-35 Pipe @ 3'-8' depth Per linear foot $2,100.00 46 Main Sewer Line Replacement with 15” SDR-35 Pipe @ 8'-15' depth Per linear foot $2,200.00 47 Main Sewer Line Replacement with 18” SDR-35 Pipe @ 3'-8' depth Per linear foot $2,300.00 48 Main Sewer Line Replacement with 18” SDR-35 Pipe @ 8'-15' depth Per linear foot $2,400.00 49 Main Sewer Line Replacement with 20” SDR-35 Pipe @ 3'-8' depth Per linear foot $2,500.00 50 Main Sewer Line Replacement with 20” SDR-35 Pipe @ 8'-15' depth Per linear foot $2,600.00 51 Main Sewer Line Replacement with 24” SDR-35 Pipe @ 3'-8' depth Per linear foot $2,700.00 52 Main Sewer Line Replacement with 24” SDR-35 Pipe @ 8'-15' depth Per linear foot $2,800.00 Redlands Regular Meeting of 02-17-26
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ITEM DESCRIPTION Unit of Measure Unit Price
53 Main Sewer Line Replacement with 27” SDR-35 Pipe @ 3'-8' depth Per linear foot $2,900.00 54 Main Sewer Line Replacement with 27” SDR-35 Pipe @ 8'-15' depth Per linear foot $3,000.00 55 Main Sewer Line Replacement with 30” SDR-35 Pipe @ 3'-8' depth Per linear foot $3,100.00 56 Main Sewer Line Replacement with 30” SDR-35 Pipe @ 8'-15' depth Per linear foot $3,200.00 57 Main Sewer Line Replacement with 36” SDR-35 Pipe @ 3'-8' depth Per linear foot $3,300.00 58 Main Sewer Line Replacement with 36” SDR-35 Pipe @ 8'-15' depth Per linear foot $3,400.00 59 Main Sewer Line Replacement with 48” SDR-35 Pipe @ 3'-8' depth Per linear foot $3,500.00 60 Main Sewer Line Replacement with 48” SDR-35 Pipe @ 8'-15' depth Per linear foot $3,600.00 61 Sewer Bypass Set-up, Monitoring and Take Down Daily rate $20,000.00
AVERAGE UNIT PRICE OF BID ITEM 13 THROUGH 18 Bid Item #13 Unit Price $1,500.00 Bid Item #14 Unit Price $1,600.00
Bid Item #15 Unit Price $1,600.00
Bid Item #16 Unit Price $1,760.00
Bid Item #17 Unit Price $1,600.00
Bid Item #18 Unit Price $1,900.00
TOTAL $9,960.00
AVERAGE (Total ÷ 6) $1,660.00
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EXHIBIT “D”
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees.
CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self - insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).
_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers’ compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.
KIRTLEY CONSTRUCTION, INC.
By: Date: _______ __________
Troy Kirtley, President
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Bid # 20251203 BID DATE: 3-Dec-2025
On-Call Sewer Collection System Repair & Construction Services EST. START DATE:
1 Raise Sewer Manhole Each
2 Uncover and Raise Sewer Manhole Each
3 Repair Invert Flow Line of Manhole Each
4 Repair Manhole Bench Each
5 Install Manhole Bench Each
6 Repair Manhole Shaft and Cone Each
7 Replace Manhole Ring and Cover (City to Supply Ring & Cover) Each
8 Install new Manhole (City to supply Ring & Cover) Each 9 Main Sewer Line Spot Repair with 4” SDR-35 @ 3'-8' depth Per linear foot
10 Main Sewer Line Spot Repair with 4” SDR-35 @ 8'-15' depth Per linear foot
11 Main Sewer Line Spot Repair with 6” SDR-35 @ 3'-8' depth Per linear foot
12 Main Sewer Line Spot Repair with 6” SDR-35 @ 8'-15' depth Per linear foot
13 Main Sewer Line Spot Repair with 8” SDR-35 @ 3'-8' depth Per linear foot
14 Main Sewer Line Spot Repair with 8” SDR-35 @ 8'-15' depth Per linear foot
15 Main Sewer Line Spot Repair with 10” SDR-35 @ 3'-8' depth Per linear foot
16 Main Sewer Line Spot Repair with 10” SDR-35 @ 8'-15' depth
Per linear
foot
17 Main Sewer Line Spot Repair with 12” SDR-35 @ 3'-8' depth Per linear foot
18 Main Sewer Line Spot Repair with 12” SDR-35 @ 8'-15' depth
Per linear
foot
19 Main Sewer Line Spot Repair with 15” SDR-35 @ 3'-8' depth Per linear foot
20 Main Sewer Line Spot Repair with 15” SDR-35 @ 8'-15' depth
Per linear
foot
21 Main Sewer Line Spot Repair with 18” SDR-35 @ 3'-8' depth Per linear foot
22 Main Sewer Line Spot Repair with 18” SDR-35 @ 8'-15' depth
Per linear
foot
23 Main Sewer Line Spot Repair with 20” SDR-35 @ 3'-8' depth Per linear foot
24 Main Sewer Line Spot Repair with 20” SDR-35 @ 8'-15' depth
Per linear
foot
25 Main Sewer Line Spot Repair with 24” SDR-35 @ 3'-8' depth Per linear foot
26 Main Sewer Line Spot Repair with 24” SDR-35 @ 8'-15' depth
Per linear
foot
$1,850.00
$1,960.00
$1,600.00
Unit Price Unit Price Unit Price
Kirtley
Construction, Inc. MCC Pipeline, Inc. Tryco General
Engineeirng
$8,500.00
$8,500.00
$2,980.00
$3,980.00
$8,800.00
$8,800.00
$8,800.00
$15,200.00
$7,000.00
Item
No. Base Bid Quantity
$8,500.00
$1,600.00
$1,600.00
$1,760.00
$1,600.00
$1,900.00
$3,400.00
$26,300.00
$1,200.00
$1,500.00
$1,200.00
$1,500.00
$1,500.00
$7,200.00
$4,200.00
$4,800.00
$5,600.00
$5,200.00
$6,000.00
$5,600.00
$2,200.00
$1,300.00
$2,297.00
$1,310.00
$2,475.00
$1,325.00
$2,450.00
$4,050.00
$2,600.00
$1,600.00
$9,250.00
$1,250.00
$4,400.00
$2,415.00
$6,550.00
$2,650.00
$1,350.00
$2,840.00
$1,475.00
$3,200.00
$2,000.00
$9,800.00
$12,800.00
$14,800.00
$2,980.00
$18,000.00
$680.00
$740.00
$880.00
$1,020.00
$4,200.00
$2,150.00
$16,000.00
$16,500.00
$17,000.00
$29,200.00
$29,300.00
$18,800.00
$19,800.00
$2,500.00
$2,600.00
$3,000.00
$3,100.00
$3,200.00
$3,300.00
$17,800.00
CITY OF REDLANDS
MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT
BID ANALYSIS
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Unit Price Unit Price Unit Price
Kirtley
Construction, Inc. MCC Pipeline, Inc. Tryco General
Engineeirng Item
No. Base Bid Quantity
27 Main Sewer Line Spot Repair with 27” SDR-35 @ 3'-8' depth Per linear foot
28 Main Sewer Line Spot Repair with 27” SDR-35 @ 8'-15' depth
Per linear
foot
29 Main Sewer Line Spot Repair with 30” SDR-35 @ 3'-8' depth Per linear foot
30 Main Sewer Line Spot Repair with 30” SDR-35 @ 8'-15' depth
Per linear
foot
31 Main Sewer Line Spot Repair with 36” SDR-35 @ 3'-8' depth Per linear foot
32 Main Sewer Line Spot Repair with 36” SDR-35 @ 8'-15' depth
Per linear
foot
33 Main Sewer Line Spot Repair with 48” SDR-35 @ 3'-8' depth Per linear foot
34 Main Sewer Line Spot Repair with 48” SDR-35 @ 8'-15' depth
Per linear
foot
35 Main Sewer Line Replacement with 4” SDR-35 Pipe @ 3'-8' depth
Per linear
foot
36 Main Sewer Line Replacement with 4” SDR-35 Pipe @ 8'-15' depth
Per linear
foot
37 Main Sewer Line Replacement with 6” SDR-35 Pipe @ 3'-8' depth
Per linear
foot
38 Main Sewer Line Replacement with 6” SDR-35 Pipe @ 8'-15' depth
Per linear
foot
39 Main Sewer Line Replacement with 8” SDR-35 Pipe @ 3'-8' depth
Per linear
foot
40 Main Sewer Line Replacement with 8” SDR-35 Pipe @ 8'-15' depth
Per linear
foot
41 Main Sewer Line Replacement with 10” SDR-35 Pipe @ 3'-8' depth
Per linear
foot
42 Main Sewer Line Replacement with 10” SDR-35 Pipe @ 8'- 15' depth
Per linear
foot
43 Main Sewer Line Replacement with 12” SDR-35 Pipe @ 3'-8' depth
Per linear
foot
44 Main Sewer Line Replacement with 12” SDR-35 Pipe @ 8'- 15' depth
Per linear
foot
45 Main Sewer Line Replacement with 15” SDR-35 Pipe @ 3'-8' depth
Per linear
foot
46 Main Sewer Line Replacement with 15” SDR-35 Pipe @ 8'- 15' depth
Per linear
foot
47 Main Sewer Line Replacement with 18” SDR-35 Pipe @ 3'-8' depth
Per linear
foot
48 Main Sewer Line Replacement with 18” SDR-35 Pipe @ 8'- 15' depth
Per linear
foot
49 Main Sewer Line Replacement with 20” SDR-35 Pipe @ 3'-8' depth
Per linear
foot
50 Main Sewer Line Replacement with 20” SDR-35 Pipe @ 8'- 15' depth
Per linear
foot
51 Main Sewer Line Replacement with 24” SDR-35 Pipe @ 3'-8' depth
Per linear
foot
52 Main Sewer Line Replacement with 24” SDR-35 Pipe @ 8'- 15' depth
Per linear
foot
53 Main Sewer Line Replacement with 27” SDR-35 Pipe @ 3'-8' depth
Per linear
foot
54 Main Sewer Line Replacement with 27” SDR-35 Pipe @ 8'- 15' depth
Per linear
foot
$7,600.00
$9,000.00
$9,000.00
$10,000.00
$11,000.00
$1,400.00
$1,500.00
$1,600.00
$1,700.00
$1,800.00
$1,900.00
$12,000.00
$13,000.00
$16,000.00
$1,100.00
$1,200.00
$1,300.00
$2,600.00
$2,700.00
$2,800.00
$2,900.00
$3,000.00
$2,000.00
$2,100.00
$2,200.00
$2,300.00
$2,400.00
$2,500.00
$2,600.00
$2,050.00
$825.00
$2,300.00
$1,450.00
$530.00
$1,650.00
$620.00
$1,900.00
$720.00
$1,090.00
$430.00
$1,200.00
$440.00
$1,300.00
$29,800.00
$470.00
$11,600.00
$407.00
$893.00
$413.00
$990.00
$420.00
$6,730.00
$2,700.00
$6,800.00
$3,000.00
$8,800.00
$5,850.00
$29,300.00
$29,400.00
$29,500.00
$29,500.00
$10,000.00
$10,500.00
$11,500.00
$11,800.00
$30,000.00
$31,000.00
$32,000.00
$6,000.00
$6,500.00
$14,000.00
$16,000.00
$16,000.00
$16,000.00
$18,000.00
$17,000.00
$12,000.00
$12,500.00
$12,000.00
$12,000.00
$13,400.00
$13,800.00
$9,500.00
$9,800.00
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Unit Price Unit Price Unit Price
Kirtley
Construction, Inc. MCC Pipeline, Inc. Tryco General
Engineeirng Item
No. Base Bid Quantity
55 Main Sewer Line Replacement with 30” SDR-35 Pipe @ 3'-8' depth
Per linear
foot
56 Main Sewer Line Replacement with 30” SDR-35 Pipe @ 8'- 15' depth
Per linear
foot
57 Main Sewer Line Replacement with 36” SDR-35 Pipe @ 3'-8' depth
Per linear
foot
58 Main Sewer Line Replacement with 36” SDR-35 Pipe @ 8'- 15' depth
Per linear
foot
59 Main Sewer Line Replacement with 48” SDR-35 Pipe @ 3'-8' depth
Per linear
foot
60 Main Sewer Line Replacement with 48” SDR-35 Pipe @ 8'- 15' depth
Per linear
foot
61 Sewer Bypass Set-up, Monitoring and Take Down Daily rate Total Base Bid Item 13 Through 18
Average Bid ( Total ÷ 6)
License Status
Sub's License Status
Bid Bond Company
Submitted Entire Bid Package
Submitted Sub's Qualification Statement
DIR Status
Error in Bid
$3,100.00
$11,950.00
Active Active Active
N/A
$3,200.00
$3,300.00
$3,400.00
$3,500.00
$3,600.00
$20,000.00 $11,200.00
$9,960.00
$1,660.00 $1,991.67
$17,700.00
$2,950.00
Active Active
No No No
N/A N/A
Yes Yes Yes
N/A N/A N/A
Active
$855.00
$2,445.00
$1,125.00
$2,650.00
$1,900.00
$3,175.00
$18,000.00
$17,000.00
$17,000.00
$18,000.00
$19,000.00
$19,000.00
$20,000.00
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Bid # 20251203 BID DATE: ########
On-Call Sewer Collection System Repair & Construction Services EST. START DATE:
1 Raise Sewer Manhole Each
2 Uncover and Raise Sewer Manhole Each
3 Repair Invert Flow Line of Manhole Each
4 Repair Manhole Bench Each
5 Install Manhole Bench Each
6 Repair Manhole Shaft and Cone Each
7 Replace Manhole Ring and Cover (City to Supply Ring & Cover) Each
8 Install new Manhole (City to supply Ring & Cover) Each 9 Main Sewer Line Spot Repair with 4” SDR-35 @ 3'-8' depth Per linear foot
10 Main Sewer Line Spot Repair with 4” SDR-35 @ 8'-15' depth Per linear foot
11 Main Sewer Line Spot Repair with 6” SDR-35 @ 3'-8' depth Per linear foot
12 Main Sewer Line Spot Repair with 6” SDR-35 @ 8'-15' depth Per linear foot
13 Main Sewer Line Spot Repair with 8” SDR-35 @ 3'-8' depth Per linear foot
14 Main Sewer Line Spot Repair with 8” SDR-35 @ 8'-15' depth Per linear foot
15 Main Sewer Line Spot Repair with 10” SDR-35 @ 3'-8' depth Per linear foot
16 Main Sewer Line Spot Repair with 10” SDR-35 @ 8'-15' depth
Per linear
foot
17 Main Sewer Line Spot Repair with 12” SDR-35 @ 3'-8' depth Per linear foot
18 Main Sewer Line Spot Repair with 12” SDR-35 @ 8'-15' depth
Per linear
foot
19 Main Sewer Line Spot Repair with 15” SDR-35 @ 3'-8' depth Per linear foot
20 Main Sewer Line Spot Repair with 15” SDR-35 @ 8'-15' depth
Per linear
foot
21 Main Sewer Line Spot Repair with 18” SDR-35 @ 3'-8' depth Per linear foot
CITY OF REDLANDS
MUNICIPAL UTILITIES & ENGINEERING DEPARTMENT
BID ANALYSIS
Item
No. Base Bid Quantity
Big Ben Inc. Giles Engineering
Unit Price
$14,756.00 $100,000.00
$16,120.00 $65,000.00
$3,697.00 $15,000.00
$7,593.00 $15,000.00
Unit Price
$7,886.00 $12,000.00
$7,886.00 $12,000.00
$1,869.00 $10,862.30
$3,660.00 $12,607.90
$1,824.00 $10,862.30
$3,615.00 $12,607.90
$7,393.00 $12,000.00
$40,272.00 $100,000.00
$2,185.00 $10,927.90
$3,990.00 $12,673.60
$2,078.00 $10,862.30
$3,884.00 $12,607.90
$1,930.00 $10,862.30
$3,722.00 $12,607.90
$3,364.00 $11,059.20
$2,461.00 $10,927.90
$4,266.00 $12,673.60
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Item
No. Base Bid Quantity
Big Ben Inc. Giles Engineering
Unit Price Unit Price
22 Main Sewer Line Spot Repair with 18” SDR-35 @ 8'-15' depth
Per linear
foot
23 Main Sewer Line Spot Repair with 20” SDR-35 @ 3'-8' depth Per linear foot
24 Main Sewer Line Spot Repair with 20” SDR-35 @ 8'-15' depth
Per linear
foot
25 Main Sewer Line Spot Repair with 24” SDR-35 @ 3'-8' depth Per linear foot
26 Main Sewer Line Spot Repair with 24” SDR-35 @ 8'-15' depth
Per linear
foot
27 Main Sewer Line Spot Repair with 27” SDR-35 @ 3'-8' depth Per linear foot
28 Main Sewer Line Spot Repair with 27” SDR-35 @ 8'-15' depth
Per linear
foot
29 Main Sewer Line Spot Repair with 30” SDR-35 @ 3'-8' depth Per linear foot
30 Main Sewer Line Spot Repair with 30” SDR-35 @ 8'-15' depth
Per linear
foot
31 Main Sewer Line Spot Repair with 36” SDR-35 @ 3'-8' depth Per linear foot
32 Main Sewer Line Spot Repair with 36” SDR-35 @ 8'-15' depth
Per linear
foot
33 Main Sewer Line Spot Repair with 48” SDR-35 @ 3'-8' depth Per linear foot
34 Main Sewer Line Spot Repair with 48” SDR-35 @ 8'-15' depth
Per linear
foot
35 Main Sewer Line Replacement with 4” SDR-35 Pipe @ 3'-8' depth
Per linear
foot
36 Main Sewer Line Replacement with 4” SDR-35 Pipe @ 8'-15' depth
Per linear
foot
37 Main Sewer Line Replacement with 6” SDR-35 Pipe @ 3'-8' depth
Per linear
foot
38 Main Sewer Line Replacement with 6” SDR-35 Pipe @ 8'-15' depth
Per linear
foot
39 Main Sewer Line Replacement with 8” SDR-35 Pipe @ 3'-8' depth
Per linear
foot
40 Main Sewer Line Replacement with 8” SDR-35 Pipe @ 8'-15' depth
Per linear
foot
41 Main Sewer Line Replacement with 10” SDR-35 Pipe @ 3'-8' depth
Per linear
foot
42 Main Sewer Line Replacement with 10” SDR-35 Pipe @ 8'- 15' depth
Per linear
foot
43 Main Sewer Line Replacement with 12” SDR-35 Pipe @ 3'-8' depth
Per linear
foot
44 Main Sewer Line Replacement with 12” SDR-35 Pipe @ 8'- 15' depth
Per linear
foot
45 Main Sewer Line Replacement with 15” SDR-35 Pipe @ 3'-8' depth
Per linear
foot
$3,604.00 $11,059.20
$5,053.00 $12,804.80
$4,814.00 $12,804.80
$6,754.00 $11,321.70
$5,876.00 $13,067.30
$6,849.00 $11,321.70
$5,972.00 $13,067.30
$5,712.00 $11,124.80
$4,821.00 $12,870.40
$396.00 $10,862.30
$785.00 $12,607.90
$12,195.00 $12,516.10
$11,331.00 $14,261.70
$8,480.00 $11,714.40
$7,602.00 $13,461.10
$483.00 $10,862.30
$883.00 $12,607.90
$422.00 $10,862.30
$811.00 $12,607.90
$409.00 $10,862.30
$798.00 $12,607.90
$629.00 $10,927.90
$505.00 $10,927.90
$906.00 $12,673.60
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Item
No. Base Bid Quantity
Big Ben Inc. Giles Engineering
Unit Price Unit Price
46 Main Sewer Line Replacement with 15” SDR-35 Pipe @ 8'- 15' depth
Per linear
foot
47 Main Sewer Line Replacement with 18” SDR-35 Pipe @ 3'-8' depth
Per linear
foot
48 Main Sewer Line Replacement with 18” SDR-35 Pipe @ 8'- 15' depth
Per linear
foot
49 Main Sewer Line Replacement with 20” SDR-35 Pipe @ 3'-8' depth
Per linear
foot
50 Main Sewer Line Replacement with 20” SDR-35 Pipe @ 8'- 15' depth
Per linear
foot
51 Main Sewer Line Replacement with 24” SDR-35 Pipe @ 3'-8' depth
Per linear
foot
52 Main Sewer Line Replacement with 24” SDR-35 Pipe @ 8'- 15' depth
Per linear
foot
53 Main Sewer Line Replacement with 27” SDR-35 Pipe @ 3'-8' depth
Per linear
foot
54 Main Sewer Line Replacement with 27” SDR-35 Pipe @ 8'- 15' depth
Per linear
foot
55 Main Sewer Line Replacement with 30” SDR-35 Pipe @ 3'-8' depth
Per linear
foot
56 Main Sewer Line Replacement with 30” SDR-35 Pipe @ 8'- 15' depth
Per linear
foot
57 Main Sewer Line Replacement with 36” SDR-35 Pipe @ 3'-8' depth
Per linear
foot
58 Main Sewer Line Replacement with 36” SDR-35 Pipe @ 8'- 15' depth
Per linear
foot
59 Main Sewer Line Replacement with 48” SDR-35 Pipe @ 3'-8' depth
Per linear
foot
60 Main Sewer Line Replacement with 48” SDR-35 Pipe @ 8'- 15' depth
Per linear
foot
61 Sewer Bypass Set-up, Monitoring and Take Down Daily rate Total Base Bid Item 13 Through 18
Average Bid ( Total ÷ 6)
License Status
Sub's License Status
Bid Bond Company
Submitted Entire Bid Package
Submitted Sub's Qualification Statement
DIR Status
Error in Bid
$701.00 $11,059.20
$1,186.00 $12,804.80
$1,103.00 $12,673.60
$1,122.00 $11,321.70
$1,643.00 $13,067.30
$801.00 $11,124.80
$1,287.00 $12,870.40
$749.00 $11,059.20
$1,234.00 $12,804.80
$2,501.00 $12,546.10
$3,076.00 $14,261.70
$1,386.00 $11,714.40
$1,950.00 $13,461.10
$1,228.00 $11,321.70
$1,792.00 $13,067.30
N/A N/A
$2,964.83 $11,756.98
Active Active
$14,267.00 $8,000.00
$17,789.00 $70,541.90
Active Active
No No
Yes Yes
N/A N/A
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City Council Meeting H. 3.
DATE: 02/17/2026
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of Ordinance No. 3000 of the City of Redlands Amending Chapter 10.56 of the Redlands Municipal Code Relating to Electric Bicycles (Police Chief Tolber)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motion is provided:
"I move to introduce Ordinance No. 3000 amending Chapter 10.56 of the Redlands Municipal Code."
RECOMMENDATION:
Staff recommends that the City Council introduce Ordinance No. 3000 amending Chapter 10.56 of the Redlands Municipal Code.
DISCUSSION:
The proposed amendment to Chapter 10.56 of the Redlands Municipal Code establishes regulations governing the operation of electric bicycles (e-bikes) within the City of Redlands. The ordinance is intended to address public safety concerns associated with increased e-bike usage, align local regulations with California state law, and provide clear operational standards for e-bike users.
With the increased usage of e-bikes, the Redlands Police Department has reported a significant rise in calls related to e-bike incidents, highlighting the necessity for these regulations. This ordinance not only serves to enhance public safety but also provides a platform for community engagement. Educating residents about safe e-bike usage and compliance with the ordinance will be paramount. In collaboration with the Redlands Unified School District, we aim to implement educational initiatives geared towards young riders, as a substantial portion of e-bike users are young adults. This collaborative effort will foster a culture of responsibility and awareness among e-bike riders.
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Further, the ordinance aligns with California state laws regarding e-bike operation, ensuring consistency and facilitating enforcement. This alignment is crucial for maintaining public safety and supporting state objectives. The ordinance categorizes e-bikes into three distinct classes based on their operational characteristics, allowing for tailored regulations that enhance safety.
As the city invests in expanding its bike lanes and pedestrian pathways, the ordinance will facilitate the seamless integration of e-bikes into this infrastructure. E-bikes offer an environmentally friendly alternative to traditional vehicles, contributing to reduced traffic congestion and lower emissions. By implementing this ordinance, the city can encourage safe e-bike usage as a viable and sustainable mode of transportation.
In addition, the proposed fines for violations are comparable to those imposed by neighboring jurisdictions. This consistency supports fairness, reinforces compliance, and improves the effectiveness of enforcement efforts. Adoption of the proposed e-bike ordinance will enhance public safety, promote sustainable transportation, and provide clear and consistent regulations for e-bike users. The ordinance aligns with state law, supports infrastructure investments, and addresses the growing use of e-bikes within the community.
ALTERNATIVES:
The Council may elect not to introduce Ordinance No. 3000 and direct staff accordingly.
STRATEGIC PLAN:
Not applicable.
SUBMITTED BY:
Rachel Tolber, Police Chief
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Christopher Boatman, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
PREPARED BY:
Jeremy Floyd, Deputy Police Chief
Jimmy Nguyen, Management Analyst
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Fiscal Impact
Fiscal Year: 2025-26
Discussion:
There is no fiscal impact associated with this ordinance.
Attachments
Ordinance No. 3000 Legislative
Ordinance No. 3000 Clean
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ORDINANCE NO. 3000
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER
10.56 (“BICYCLES”) OF TITLE 10 OF THE REDLANDS MUNICIPAL
CODE TO ESTABLISH REGULATIONS GOVERNING THE USE OF
ELECTRIC BICYCLES
Section 1. The Table of Contents of Chapter 10.56 of the Redlands Municipal Code, titled “Bicycles,” is hereby amended to read as follows:
“CHAPTER 10.56
BICYCLES
SECTION:
10.56.010: License Required
10.56.020: License; Issuance
10.56.030: License; Condition Of Bicycle
10.56.040: License; Effect
10.56.050: License Plate And Registration
10.56.060: License; Bicycle Attachment
10.56.070: License Plate Removal
10.56.080: License; Recordation
10.56.090: License; Notification Of Bicycle Destruction
10.56.100: Fees; Initial Purchase And Renewal
10.56.110: Fees; Penalty For Late Renewal
10.56.120: Fees; Payment
10.56.130: Fees; Transfer
10.56.140: Dealer; Secondhand Dealer Purchase Report
10.56.150: Dealer; Report Of Sale
10.56.160: Registration Transfer; Report
10.56.170: Registration Transfer; Application
10.56.180: Impoundment
10.56.190: Citation; Issuance
10.56.200: Bicycle Operation
10.56.210: Electric Bicycles
10.56.220: Electric Bicycles Operation
10.56.230: Electric Bicycles Penalty for Violation”
Section 2. Chapter 10.56 of the Redlands Municipal Code, titled “Bicycles,” is hereby amended by adding Sections 10.56.200 through 10.56.230 to read as follows:
“10.56.200: BICYCLE OPERATIONS:
A. Riding in group. Persons operating bicycles within a bicycle lane or upon a bicycle path shall ride in single file except as provided for in Vehicle Code § 21202(a).
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B. Direction of travel. Persons riding or operating a bicycle on a bicycle trail or path may proceed in either direction except on those trails or paths designated for one-way traffic by appropriate markings or signs defined by the direction of adjacent vehicular traffic.
C. Walking bicycles. Bicycles may be walked subject to all provisions of law applicable to pedestrians.
D. Yielding right-of-way. Whenever any person is riding a bicycle upon a sidewalk, such person shall yield right-of-way to any and all pedestrians. A person riding a bicycle, upon entering a roadway or driveway from a sidewalk, shall yield to all traffic.
E. Riding on sidewalks. Bicycles may be ridden on all sidewalks, at a speed not to exceed five miles per hour, except upon sidewalks within a business district, upon sidewalks adjacent to any public school building when school is in session, upon a sidewalk a t a recreation center when in use, upon a sidewalk at a church during services, over any pedestrian overcrossing or upon any other sidewalk where prohibited by posted signs.
10.56.210: ELECTRIC BICYCLES:
An electric bicycle, or "E -Bike”, which is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts, and is categorized by the following:
A. Class 1 – an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour.
B. Class 2 – an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches a speed of 20 miles per hour.
C. Class 3 - an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches a speed of 28 miles per hour and is equipped with a speedometer.
10.56.220: ELECTRIC BICYCLES OPERATION:
All references to this section 10.56.220 shall include section 10.56.200. These requirements are in addition to the other regulations for bicycle operation set forth in section 10.56.200.
A. No person shall ride an electric bicycle in an unsafe manner on any publicly owned property, including but not limited to a public roadway, highway, sidewalk, park; nor on any private property open to the public.
1. "Unsafe manner" means any act or acts in violation of the Redlands’ Municipal Code, California Vehicle Code, or other existing law. An "unsafe manner" can also Redlands Regular Meeting of 02-17-26
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be defined as operating an electric bicycle in such a way as to constitute a danger to the operator, a passenger, other motorists, other riders, or pedestrians in the area.
2. Examples of riding in an unsafe manner may include, but are not limited to, the following actions:
a) Intentionally lifting one or more wheels into the air while riding on a highway, sidewalk, bicycle lane, or bike path. It is not a violation of this subsection if one or more wheels lose contact with the ground briefly due to the condition of the road surface or other circumstances beyond the control of the rider. b) Riding on the sidewalk without due caution for pedestrians. c) Riding on the highway, or bicycle lane against the flow of traffic. d) Intentionally swerving or riding around stopped or slowed traffic. e) Operating an electric bicycle in a manner it was not designed for, including carrying passengers when not designed for carrying passengers, or standing on the seat of the bicycle.
f) Not obeying posted signs or traffic lights.
g) A person under the age of 18 riding without a properly fitted and fastened helmet.
B. No person shall operate an electric bicycle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and co nfigured to allow voice-operated and hands-free operation, and it is used in that manner while riding.
1. An "electronic wireless communications device" includes, but is not limited to, a broadband personal communication device, a handheld device, or pager.
10.56.230: ELECTRIC BICYCLES PENALTY FOR VIOLATION:
Any violation of this article is deemed an infraction punishable by a fine of one thousand dollars ($1,000). A second or subsequent violation of this article shall be punishable by a fine of two thousand dollars ($2,000).”
Section 2. If any section, sentence, clause or phrase of this ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provisions or application, and to this end the provisions of this ordinance are severable. The City Council of the City of Redlands hereby declares that it would have adopted this ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
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Section 3. 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
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I, Jeanne Donaldson, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was duly adopted by the City Council at the regular meeting thereof, held on the 17th day of February, 2026, by the following vote:
AYES:
NOES:
ABSENT:
__________________________________
Jeanne Donaldson City Clerk
Redlands Regular Meeting of 02-17-26
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OR
DINANCE NO. 3000
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER
10.56 (“BICYCLES”) OF TITLE 10 OF THE REDLANDS MUNICIPAL
CODE TO ESTABLISH REGULATIONS GOVERNING THE USE OF
ELECTRIC BICYCLES
Section 1. The Table of Contents of Chapter 10.56 of the Redlands Municipal Code, titled “Bicycles,” is hereby amended to read as follows:
“CHAPTER 10.56
BICYCLES
SECTION:
10.56.010: License Required
10.56.020: License; Issuance
10.56.030: License; Condition Of Bicycle
10.56.040: License; Effect
10.56.050: License Plate And Registration
10.56.060: License; Bicycle Attachment
10.56.070: License Plate Removal
10.56.080: License; Recordation
10.56.090: License; Notification Of Bicycle Destruction
10.56.100: Fees; Initial Purchase And Renewal
10.56.110: Fees; Penalty For Late Renewal
10.56.120: Fees; Payment
10.56.130: Fees; Transfer
10.56.140: Dealer; Secondhand Dealer Purchase Report
10.56.150: Dealer; Report Of Sale
10.56.160: Registration Transfer; Report
10.56.170: Registration Transfer; Application
10.56.180: Impoundment
10.56.190: Citation; Issuance
10.56.200: Bicycle Operation
10.56.210: Electric Bicycles
10.56.220: Electric Bicycles Operation
10.56.230: Electric Bicycles Penalty for Violation”
Section 2. Chapter 10.56 of the Redlands Municipal Code, titled “Bicycles,” is hereby amended by adding Sections 10.56.200 through 10.56.230 to read as follows:
“10.56.200: BICYCLE OPERATIONS:
A. Riding in group. Persons operating bicycles within a bicycle lane or upon a bicycle path shall ride in single file except as provided for in Vehicle Code § 21202(a).
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B. D
irection of travel. Persons riding or operating a bicycle on a bicycle trail or path may proceed in either direction except on those trails or paths designated for one-way traffic by appropriate markings or signs defined by the direction of adjacent vehic ular traffic.
C. Walking bicycles. Bicycles may be walked subject to all provisions of law applicable to pedestrians.
D. Yielding right-of-way. Whenever any person is riding a bicycle upon a sidewalk, such person shall yield right-of-way to any and all pedestrians. A person riding a bicycle, upon entering a roadway or driveway from a sidewalk, shall yield to all traffic.
E. Riding on sidewalks. Bicycles may be ridden on all sidewalks, at a speed not to exceed five miles per hour, except upon sidewalks within a business district, upon sidewalks adjacent to any public school building when school is in session, upon a sidewalk a t a recreation center when in use, upon a sidewalk at a church during services, over any pedestrian overcrossing or upon any other sidewalk where prohibited by posted signs.
10.56.210: ELECTRIC BICYCLES:
An electric bicycle, or "E -Bike,” which is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts, and is categorized by the following:
A. Class 1 – an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour.
B. Class 2 – an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches a speed of 20 miles per hour.
C. Class 3 - an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches a speed of 28 miles per hour and is equipped with a speedometer.
10.56.220: ELECTRIC BICYCLES OPERATION:
All references to this section 10.56.220 shall include section 10.56.200. These requirements are in addition to the other regulations for bicycle operation set forth in section 10.56.200.
A. No person shall ride an electric bicycle in an unsafe manner on any publicly owned property, including but not limited to a public roadway, highway, sidewalk, park; nor on any private property open to the public.
1. "Unsafe manner" means any act or acts in violation of the Redlands’ Municipal Code, California Vehicle Code, or other existing law. An "unsafe manner" can also Redlands Regular Meeting of 02-17-26
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b
e defined as operating an electric bicycle in such a way as to constitute a danger to the operator, a passenger, other motorists, other riders, or pedestrians in the area.
2. Examples of riding in an unsafe manner may include, but are not limited to, the following actions:
a) Intentionally lifting one or more wheels into the air while riding on a highway, sidewalk, bicycle lane, or bike path. It is not a violation of this subsection if one or more wheels lose contact with the ground briefly due to the condition of the road surface or other circumstances beyond the control of the rider. b) Riding on the sidewalk without due caution for pedestrians. c) Riding on the highway, or bicycle lane against the flow of traffic. d) Intentionally swerving or riding around stopped or slowed traffic. e) Operating an electric bicycle in a manner it was not designed for, including carrying passengers when not designed for carrying passengers, or standing on the seat of the bicycle.
f) Not obeying posted signs or traffic lights.
g) A person under the age of 18 riding without a properly fitted and fastened helmet.
B. No person shall operate an electric bicycle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and co nfigured to allow voice-operated and hands-free operation, and it is used in that manner while riding.
1. An "electronic wireless communications device" includes, but is not limited to, a broadband personal communication device, a handheld device, or pager.
10.56.230: ELECTRIC BICYCLES PENALTY FOR VIOLATION:
Any violation of this article is deemed an infraction punishable by a fine of one t housand dollars ($1,000). A second or subsequent violation of this article shall be punishable by a fine of t wo thousand dollars ($2,000).”
Section 2. If any section, sentence, clause or phrase of this ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provisions or application, and to this end the provisions of this ordinance are severable. The City Council of the City of Redlands hereby declares that it would have adopted this ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
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S
ection 3. 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
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I
, Jeanne Donaldson, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was duly adopted by the City Council at the regular meeting thereof, held on the 17th day of February, 2026, by the following vote:
AYES:
NOES:
ABSENT:
__________________________________
Jeanne Donaldson City Clerk
Redlands Regular Meeting of 02-17-26
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City Council Meeting H. 4.
DATE: 02/17/2026
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a Purchase and Sale Agreement with Miller & Associates, LLC., and Christopher Collinsworth, Including Assignment of the City’s Purchase Rights for the Property Located at 611 W. Redlands Boulevard (Assessor Parcel Numbers
0171-031-08 and -09-0000); Authorization of an additional appropriation from the General Fund Unassigned Fund Balance in the amount of $1,820,000; and determine that approval of the Agreement 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 find that approval of the Purchase and Sale Agreement with Miller & Associates, LLC., and Christopher Collinsworth, including assignment of the City’s purchase rights, is exempt from environmental review pursuant to Section 15061(b)(3) of the State’s guidelines implementing the California Environmental Quality Act; and
1. I move that the City Council approve the Purchase and Sale Agreement with Miller & Associates, LLC., and Christopher Collinsworth, including assignment of the City’s purchase rights, for the property located at 611 W.
Redlands Boulevard.
2. I move to authorize an additional appropriation in the amount of $1,820,000 from the General Fund's unassigned fund balance to finance the City's portion of this agreement.
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RECOMMENDATION:
Staff recommends that the City Council determine that approval of the Purchase and Sale Agreement with Miller & Associates, LLC., and Christopher Collinsworth, including assignment of the City’s purchase rights, is exempt from environmental review pursuant to Section 15061(b)(3) of the State’s guidelines implementing the California Environmental Quality Act.
Staff further recommends that the City Council approve the Purchase and Sale Agreement with Miller & Associates, LLC., and Christopher Collinsworth, authorize assignment of the City’s purchase rights, and approve the City’s financial participation in the amount of $1,820,000.
DISCUSSION:
This property transaction stems from an inverse condemnation lawsuit filed by the owner, Miller & Associates, Inc. As part of the settlement of that lawsuit, the City was provided the opportunity to purchase the property. This was done in an attempt to offset some of the costs incurred as part of the settlement. The property is located at 611 W. Redlands Boulevard, and is situated above a City-owned stormwater facility known as the Mill Creek Zanja. The lawsuit involved claims of damage to the property as a result of the Zanja. In 2025, the City and the property owner entered into a Settlement and Release Agreement to resolve claims related to alleged settlement impacts associated with the stormwater channel. The settlement amount agreed to with the property owner was $2,100,000. Additionally, as part of that settlement, the City obtained an option to purchase the property.
The attached Purchase and Sale Agreement implements that option by allowing the City to assign its purchase rights to a third-party buyer. Under the agreement, the seller will convey the property to the buyer, and the City will participate in the transaction through an Assignment and Assumption Agreement that provides a portion of the purchase funds consistent with the previously approved settlement framework.
The total purchase price for the property was previously negotiated at $3.4 million. Of that amount, the buyer will purchase the property for $1.6 million, with the remaining portion of $1,800,000 funded by the City pursuant to the assignment agreement. An additional $20,000 is authorized from the City in the assignment agreement to cover the costs of escrow. The buyer will submit an initial deposit and proceed through a short feasibility period, after which escrow is scheduled to close within the timeframes established in the agreement. The agreement reflects the buyer acquiring the property in its existing condition.
Approval of this agreement allows the City to complete implementation of the Redlands Regular Meeting of 02-17-26
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Approval of this agreement allows the City to complete implementation of the prior settlement, facilitates transfer of the property to private ownership and resolves outstanding issues related to the site, in a manner consistent with Council direction.
ALTERNATIVES:
The City Council may elect not to approve the agreement and direct staff accordingly.
STRATEGIC PLAN:
Not Applicable.
SUBMITTED BY:
Chris 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 & Community Services
Fiscal Impact
Fiscal Year: FY 2025-26
Discussion:
The total purchase price for the property was previously negotiated at $3.4 million. Of that amount, the buyer will purchase the property for $1.6 million, with the remaining portion of $1,800,000 plus escrow costs not to exceed $20,000 funded by the City pursuant to the assignment agreement. The buyer will submit an initial deposit and proceed through a short feasibility period, after which escrow is scheduled to close within the timeframes established in the agreement. The agreement reflects that the buyer is acquiring the property in its existing condition.
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Attachments
Miller Settlement - additional appropriation
Purchase and Sale Agreement
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D
ATE OF REQUEST:
A
n additional appropriation is hereby requested as follows:
Department:
JUSTIFICATION:
Requested By:
Recommended By Finance Director: Recommended:
Yes No Signed
Comments: Approved by City Council:
Date:
Signed:
City Clerk
REVENUE APPROPRIATION INCREASE (if applicable)
EXPENDITURE APPROPRIATION INCREASE (if applicable)
$
-
$
-
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ANSACTION NO:
ACCOUNTING PERIOD:
A
ccount Description Orgkey Object Code Job Ledger (If
applicable) Amount
Job Ledger (If
applicable) AmountAccount Description Orgkey Object Code Department Head
City Manager
CIT
Y OF REDLANDS
R
EQUEST FOR ADDITIONAL APPROPRIATION
FINAN
CE USE ONLY
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age 1 of 1
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P
URCHASE AND SALE AGREEMENT WITH ASSIGNMENT OF RIGHTS
AND JOINT ESCROW INSTRUCTIONS
(611 W. REDLANDS BLVD., REDLANDS, CA)
Th
is Purchase and Sale Agreement With Assignment of Rights and Joint Escrow Instructions (this “Agreement”) is made as of February 17, 2026 (“Effective Date”), between the City of Redlands, a California municipal corporation (the "City"), Miller & Associates LLC, a California limited liability company (the "Seller"), and Christopher Collinsworth, an individual (the "Buyer"). The City, Seller, and Buyer may be collective ly referred to as the "Parties" or individually as a "Party".
RECITALS
A. WHEREAS, Seller and the City entered into a Settlement and Release Agreement dated October 14, 2025 to resolve claims that the Seller made regarding a City-owned stormwater channel commonly known as the Mill Creek Zanja. The Mill Creek Zanja underlies the Property which is the subject of this Purchase and Sale Agreement and Seller has alleged, and has provided the City with evidence of, settlement on and under the Property. The City has an option to purchase that certain Property, as defined herein, pursuant to the Settlement and Release Agreement with the Seller.
B. WHEREAS, the City desires to assign its right to purchase the Property to Buyer, and Buyer desires to assume the right to purchase the Property, in accordance with the Assignment and Assumption Agreement entered into as part of this Agreement, pursuant to which the City will fund a portion of the Purchase Price, as further defined.
C. WHEREAS, the Seller desires to sell, and the Buyer desires to purchase, the Property, on the terms and conditions of this Agreement.
ARTICLE 1. AGREEMENT OF SALE.
Subject to and on the terms and conditions of this Agreement, Seller shall sell to Buyer and Buyer shall purchase from Seller all of the following (collectively, the “Property”):
1.1 Land. T he real property located at 611 West Redlands Boulevard, Redlands, California 92373, San Bernardino County, as more particularly described in Exhibit A, together with (a) all privileges, rights, easements and appurtenances belonging to the real property, including without limitation all minerals, oil, gas and other hydrocarbon substances on and under the real property, (b) all development rights, air rights, water, water rights and water stock relating to the real property, and (c) all right, title and interest of Seller in and to any streets, alleys, passages, other easements and other rights -of-way or appurtenances included in, adjacent to or used in connection with such real property, before or after the vacation thereof (collectively, the “Land”);
1.2 Improvements. A ny and all structures, systems, facilities, fixtures, fences and parking areas located on the Land and any and all machinery, equipment, apparatus used in connection with the operation or occupancy of the Land (such as heating and air conditioning systems and facilities used to provide utility services, refrigeration, ventilation, garbage disposal Redlands Regular Meeting of 02-17-26
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or
other amenities on the Land) and other improvements located upon the Land (collectively, the “Improvements”). The interest in the Improvements is further set forth in Exhibit A.
The Land and the Improvements are sometimes collectively referred to in this Agreement as the “Property.”
1.3 Personal Property. A ll personal property listed in the Schedule of Personal Property, and agreed to by the Buyer and Seller, and which shall be completed prior expiration of the Feasibility Period as part of the Feasibility Investigation (the "Personal Property").
1.4 Assumed Contracts. All of the contracts for services on or relating to the Property that Buyer has expressly agreed to assume in writing upon the Closing pursuant to a written notice by Buyer delivered to Seller prior to the expiration of the Feasibility Period (together, the “Assumed Contracts”). In the event Buyer fails to deliver to Seller Buyer’s written election to assume one or more contract s pursuant to this Section 1.4, such failure shall be deemed to constitute Buyer’s election not to assume any such contracts and upon such failure, Seller shall terminate all contracts Buyer has not elected to assume effective no later than the Closing Date.
1.5 Permits and Entitlements . All of Seller’s right, title and interest in, to and under the following in Seller’s possession or control: (i) all permits, licenses, certificates of occupancy, approvals, authorizations and orders obtained from any governmental authority and relating to the Land or the business of owning, maintaining and/or managing the Land ; (ii) all preliminary, proposed and final drawings, renderings, blueprints, plans and specifications (including “as-built” plans and specifications), and tenant improvement plans and specifications for the Improvements (including “as-built” tenant improvement plans and specifications ); (iii) all maps and surveys for any portion of the Land ; (iv) all items constituting the Seller’s Deliveries, and all changes, additions, substitutions and replacements for any of the foregoing, free and clear of any and all liens and claims (together, the “Permits and Entitlements”).
1.6 Other Assets . To the extent owned by Seller, (a) all warranties upon the Improvements to the full extent such warranties are assignable, (b) copies of all plans, specifications, engineering drawings and prints relating to the construction of the Improvements, Except as expressly stated herein, this paragraph does not convey any rights or interests in the business of Seller, any intellectual property rights of Seller, or similar non-tangible interests.
1.7 Together, the Land, the Improvements, the Personal Property, the Assumed Contracts, the Permits and Entitlements, and all other assets and interests set forth herein are referred to as the "Property."
ARTICLE 2. PURCHASE PRICE.
2.1 Amount. The purchase price (the “Purchase Price”) for the Property shall b e Three Million Four Hundred Thousand Dollars ($3,400,000.00).
2.2 Deposit/Purchase Price. Within 10 business days after the Effective Date, Buyer shall deposit Fifty Thousand Dollars ($50,000.00) into Advantage Escrow (as further defined below) into an account for the benefit of the Buyer (the “ Deposit”). The deposit shall be refundable to the Buyer unless Buyer waives all contingencies by the expiration of the Feasibility Redlands Regular Meeting of 02-17-26
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P
eriod. The Deposit shall be disbursed to Seller if the Buyer approves the Due Diligence Investigation prior to expiration of the Feasibility Period, and shall be applied to the Purchase Price at Closing. The failure of Buyer to make the Deposit within the time frame specified in this Section shall be material breach of this Agreement and Seller may terminate the Agreement. Buyer shall pay the balance of the Purchase Price to Seller through escrow at the Closing described in Section
9.1. On or before th e Closing Date (as defined below), Buyer shall deposit into Escrow the Purchase Price, subject to adjustment by reason of any applicable prorations and the allocation of closing costs described below. For purposes of this Agreement, Buyer's deposit of the Purchase Price includes the City's deposit of the Purchase Money Funds, in accordance with the Assignment and Assumption Agreement. The Deposit and Purchase Price shall be made by wire transfer of federal funds, cashier’s check or in another immediately available form. Notwithstanding anything herein to the contrary, One Hundred Dollars ($ 100.00) of the Deposit (the “ Independent Consideration”) shall not be refundable to Buyer, but shall represent consideration for this Agreement and shall be paid to Seller. The Independent Consideration shall be paid to Seller within three ( 3) days of the Effective Date. The Independent Consideration shall serve as consideration for the granting of the time periods herein contained for Buyer to exercise Buyer’s right to satisfy and approve all of Buyer’s conditions herein contained. If the Deposit is refunded to Buyer for any reason pursuant to this Agreement, the Independent Consideration shall be subtracted from the Deposit pursuant to this Section.
ARTICLE 3. FEASIBILITY.
3.1 Feasibility Period; Inspection and Access.
3.1.1 Feasibility Period. The “ Feasibility Period” means the period beginning with the Effective Date and ending fourteen (14) days later . The Feasibility Period may be extended only by written consent of the Parties.
3.1.2 Access to Information and the Property. Buyer acknowledges that Seller resolved a claim for underground settlement that Seller alleges caused damage to the Property.
Seller has had limited contact with Buyer during the negotiation process and Seller has no information regarding what the City has told Buyer about the Property. Notwithstanding, the Buyer waives its rights to conduct an investigation of the Property during the Feasibility Period .
EXCEPT AS OTHERWISE PROVIDED FOR HEREIN, BUYER AGREES AND ACKNOWLEDGES THAT IT WAIVES THE RIGHT TO CONDUCT THE FOLLOWING: a physical inspection of the Land and all Improvements thereon, including, but not limited to, soil, subsurface conditions, hydrologic conditions, volatile organic compounds, geological and other tests, engineering evaluations of the extant and future settlement on the Property, and, mechanical, electrical, HVAC and other systems in the Improvements; review of all governmental matters affecting the Property, including zoning, environmental and building permit and occupancy matters; review and verification of all other information previously provided by Seller relating to the operation of the Property; and review of the condition of title to the Property, including the building, structural system and roof inspection; and review of such other matters pertaining to an investment in the Property as Buyer deems advisable, including any covenants, conditions and restrictions recorded against the Property or other similar limitation on ownership of the Property.
In addition to the Preliminary Documents delivered to Buyer pursuant to Section 3.2, Buyer and its representatives shall have the right of access during reasonable business hours to all files, books Redlands Regular Meeting of 02-17-26
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a
nd records, to the extent possessed or maintained by Seller or its agents , (including, without limitation, all of the Additional Documents to be made available to Buyer at the Property pursuant to Section 3.3), wherever located, relating to the purchase of the Property, including the right to copy the same. Seller agrees that the rights granted to Buyer herein and the results of its Feasibility Investigation shall not relieve Seller of any obligations Seller may have under any other provisions of this Agreement, or under other documents entered into concurrently herewith, or implied by law, nor shall they constitute a waiver by Buyer of the right to enforce any of the same. Seller shall cooperate with Buyer in its investigation activities and provide access to the Property, its records, or provide information so long as it is within Seller’s control.
3.2 Delivery of Preliminary Documents . Within three (3) business days after the Effective Date, Seller shall deliver to Buyer, at Seller’s expense, all of the documents described in the remaining subsections of this Section 3.2 (collectively, the “ Preliminary Documents ”) in Seller’s possession or control.
3.2.1 Title Report and Survey. A preliminary title report or commitment for title insurance (the “ Preliminary Title Report ”), dated no earlier than ten ( 10) days before the Effective Date, covering the Property and issued by a title insurance company or companies acceptable to Buyer (the “Title Company”), together with a legible copy of each document, map and survey referred to in the Preliminary Title Report.
3.2.2 Leases. Any and all leases affecting the Property (the "Existing Leases") and a rent roll reflecting the currents, security deposits, and any other matters reasonably requested by Buyer;
3.2.3 Natural Hazards Disclosure Report. A natural hazards disclosure report.
3.2.4 Tax Bills. Copies of all real property tax bills for the Property in Seller’s possession, custody, or control, if any; and,
3.2.5 Licenses, Etc. Copies of any licenses, permits or certificates required by governmental authorities in connection with construction or occupancy of the Improvements that are in possession of the Seller , including, without limitation, building permits, certificates of completion, certificates of occupancy and environmental permits and licenses.
3.3 Additional Documents and Information. From the Effective Date through the Closing Date, Seller shall make available to Buyer at the Property in accordance with Section 3.1, the documents and information described in this Section 3.3 (collectively, the “ Additional Documents”):
3.3.1 Agreements. Copies of written, and written descriptions of oral, easements, covenants, restrictions, agreements, contracts and other documents, whether existing or, to the knowledge of Seller, proposed as of the Effective Date, including without limitation any agreements relating to the insurance, service, operation, repair, supply, advertising, promotion, sale, leasing or management of the Property, which (a) affect the Property, (b) are not disclosed by the Preliminary Title Report, and (c) have not been delivered to Buyer pursuant to Section 3.2.
If no such documents exist, Seller shall furnish its certification to that effect; Redlands Regular Meeting of 02-17-26
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3.3.2 Warranties/Roof Inspections/HVAC Inspections. Copies of any and all guarantees or warranties and other rights given to Seller in connection with the construction, maintenance, repair or remodeling of the Improvements, periodic inspections, or the purchase of any of the Personal Property. If no suc h documents exist, Seller shall furnish its certification to that effect;
3.3.3 Insurance Policies. Copies of certificates evidencing the insurance carried by Seller of the Property;
3.3.4 Other Documents. All data, correspondence, documents, agreements, waivers, notices, applications and other records with respect to the Property relating to transactions with taxing authorities, governmental agencies, utilities, vendors and others with whom Buyer may be dealing from and after the Closing Date; and
3.3.5 Requested Information. Such other documents and information concerning the Property as Buyer may reasonably request.
3.4 Approval/Disapproval of Feasibility Investigations . Buyer shall approve or disapprove the results of Buyer’s Feasibility Investigation, in the exercise of Buyer’s sole discretion, by written notice delivered to Seller no later than the expiration of the Feasibility Period. Buyer’s disapproval shall terminate this Agreement unless, at the time Buyer gives notice of its disapproval, Buyer also notifies Seller of Buyer’s desire to enter into negotiations with Seller for the purpose of reaching an accommodation concerning the disapproval. If Buyer so notifies Seller and they do not a written agreement satisfactory to both of them regarding the disapproval within 10 days after the date of the disapproval notice, Buyer, at its option, may either (a) elect to terminate this Agreement by so notifying Seller, or (b) elect to proceed with the transactions contemplated by this Agreement notwithstanding its earlier disapproval. If Buyer fails to deliver to Seller notice of its approval or disapproval of the results of its Feasibility Investigation, then Buyer shall be deemed to have disapproved such results. If Buyer elects to terminate the Agreement, Buyer shall return to Seller all of the Preliminary Documents and Additional Documents previously delivered by Seller to Buyer within 5 business days of such termination.
3.5 Title Review.
3.5.1 Monetary Liens. At its expense, Seller shall remove all liens on the Property at or prior to the Closing (collectively, “ Monetary Liens”): (i) all delinquent taxes, bonds and assessments and interest and penalties thereon (it being agreed that Seller shall not be required to remove any non-delinquent taxes and assessments imposed by any governmental agency that are paid with the property taxes for the Property); and (ii) all other monetary liens, including without limitation all those shown on the Preliminary Title Report (including judgment and mechanics’ liens, whether or not liquidated, and mortgages and deeds of trust, with Seller being fully responsible for any fees or penalties incurred in connection therewith).
3.5.2 Approval/Disapproval of Title Review. Buyer shall approve or disapprove of the Preliminary Title Report, the Survey and any exceptions to title shown thereon (other than the Monetary Liens) in the exercise of Buyer’s sole discretion, within five (5) days prior to the expiration of the Feasibility Period, including the extension provided for in Section 3.1.1, if any, Redlands Regular Meeting of 02-17-26
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r thirty (30) days of delivery of the Preliminary Title Report, whichever is later . If Buyer disapproves, Buyer may either (a) terminate this Agreement by giving Seller written notice of termination or (b) give Seller a written notice (“Disapproval Notice”) identifying the disapproved title matters (“Disapproved Title Matters”). With respect to any Disapproved Title Matters, other than the Monetary Liens, Seller shall notify Buyer in writing within five ( 5) days after Seller’s receipt of the Disapproval Notice whether Seller will cause the Disapproved Title Matters to be removed or cured at or prior to Closing. If Seller elects not to remove or cure all Disapproved Title Matters, Buyer may, at its option: (i) subject to satisfaction of the other conditions to Closing, close the purchase of the Property and take title subject to the Disapproved Title Matters which Seller elects not to remove or cure; or (ii) terminate this Agreement in accordance with Section
9.6.1. 3.5.3 Buyer’s Options. If any Disapproved Title Matters (including the Monetary Liens) have not been removed at least five (5) days prior to Closing or provision for their removal at the Closing has not been made to Buyer’s satisfaction, Buyer may, at its option: (i) close the purchase of the Property and take title subject to the Disapproved Title Matters which have not been removed; (ii) close the purchase of the Property and cure or remove the Disapproved Title Matters which have not been removed. Buyer may credit the costs of such cure or removal against the Purchase Price by reducing the amount of cash payable by Buyer at the Closing, but only to the extent such costs are expended to remove (A) Monetary Liens referred to in Section 3.5.1 or (B) Disapproved Title Matters which Seller agreed to remove; or (iii) terminate this Agreement in accordance with Section 9.6.1.
3.5.4 Failure to Disapprove. If Buyer fails to notify Seller of its approval or disapproval of the Preliminary Title Report, the Survey or the exceptions shown thereon by the end of the Feasibility Period, then Buyer shall be deemed to have disapproved the same.
ARTICLE 4. CONDITIONS PRECEDENT.
4.1 Buyer’s Conditions. Buyer’s obligations under this Agreement are expressly subject to the timely fulfillment of the conditions set forth in this Section 4.1 on or before the Closing Date, or such earlier date as is set forth below. Each condition may be waived in whole or in part by Buyer by written notice to Seller.
4.1.1 Feasibility. Buyer having approved of the results of its Feasibility Investigation pursuant to Section 3.4;
4.1.2 Title Review. Buyer having approved of the results of its review of title pursuant to Section 3.5.
4.1.3 Title Policy. The Title Company delivering to Buyer, for Buyer's expense:
(a) an ALTA Standard Owner’s policy of title insurance, or at Buyer's election, an ALTA Owner’s Policy for ALTA Extended coverage (“Title Policy”) for the Property, or (b) the Title Company’s irrevocable commitment to issue such policy of title insurance, (including such coinsurance, reinsurance and endorsements as Buyer shall require), with liability equal to the Purchase Price showing fee title to the Property vested in Buyer and subject only to: (i) the matters and exceptions which were approved by Buyer pursuant to Section 3.5; and (ii) the standard printed exceptions in Redlands Regular Meeting of 02-17-26
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e form of title policy called for (collectively, “ Conditions of Title ”). Buyer shall be solely responsible for the costs of endorsements on the Title Policy.
4.1.4 Performance of Covenants. Seller performing and complying in all material respects with all of the terms of this Agreement to be performed and complied with by Seller prior to or at the Closing.
4.1.5 Representations and Warranties . The representations and warranties of Seller set forth in Article 5 being true and accurate on the Closing Date, as if made on such date.
4.1.6 Non-Foreign Certification. Seller having executed and delivered to Buyer on or prior to the Closing Date a certification (the “Non-Foreign Certification”), substantially in the form of Exhibit C.
4.1.7 California Certification. Seller having furnished the residency certification required pursuant to Sections 18805 and 26131 of the California Revenue and Taxation Code (“Form 593”) or having authorized Escrow Holder in writing to withhold from the Purchase Price the amounts required to be withheld by such Sections.
4.1.8 Removal of Personal Property. All articles of personal property including the furniture, shall be removed by the Seller from the Premises, at Seller’s sole cost and expense, on or before the Closing Date. Seller shall repair any damage caused by such removal.
4.1.9 Assignment of Leases ; Tenant Estoppels . An assignment of all Existing Leases to Buyer, and estoppels from each of the tenants for the Existing Leases, in a form subject to Buyer's review and approval. Each tenant estoppel shall contain representations that the Existing Leases are currently in effect, the term, the rent or other charges paid, and any dispute with the Seller or relating to the Property or condition thereof.
4.1.10 Assignment and Assumption Agreement between Buyer and City. Buyer and City shall have executed a final Assignment and Assumption Agreement, in a form substantially similar hereto as Exhibit F, and City shall have confirmed in writing that it is prepared to provide the Purchase Money Funds in accordance with the Assignment and Assumption Agreement.
4.2 Seller’s Conditions. Seller’s obligations under this Agreement are expressly subject to the timely fulfillment of the conditio ns set forth in this Section 4.2 on or before the Closing Date, or such earlier date as is set forth below. Each condition may be waived in whole or part by Seller by written notice to Buyer.
4.2.1 Covenants. Buyer performing and complying in all material respects with all of the terms of this Agreement to be performed and complied with by Buyer prior to or at the Closing.
4.2.2 Representations and Warranties. The representations of Buyer set forth in Article 6 being true and accurate on the Closing Date, as if made on such date.
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RTICLE 5. SELLER’S REPRESENTATIONS AND WARRANTIES.
Seller hereby makes the following representations and warranties to Buyer with the understanding that each such representation and warranty is material and is being relied upon by Buyer:
5.1 Defects. Seller makes no representations as to defects on the Property. This Purchase and Sale Agreement is an “as is” sale. Seller has alleged that the Mill Creek Zanja is causing damage to the Property, the scope of which is likely to increase. The City disputed Seller's claims in whole or in part . The Property will have all of the defects attendant with a stormwater channel that underlies the Property. The Seller makes no representation as to the level of maintenance and repair that will be conducted on the Mill Creek Zanja. The site is a former manufactured gas plant site subject to a closure report by Southern California Edison, and may have also been operated as a battery facility . Other than the aforementioned disclosures , Seller shall make no other disclosures.
5.2 Compliance. To the best of Seller’s knowledge, the Property, and the operation thereof, are in compliance with all applicable laws, ordinances, rules, regulations, judgments, orders, covenants, conditions, restrictions, whether federal, state, local, foreign or private and Seller has not received any notice of any violation of the same. Seller has not received any request either formal or informal, oral or written, that Seller modify or terminate any use of the Property.
The zoning of the Property permits the current Improvements and use of the Property, and, there is no pending or to Seller’s knowledge, contemplated rezoning. The Property complies with all applicable subdivision laws and all local ordinances enacted thereunder and no subdivision or parcel map not already obtained is required to transfer the Property to Buyer.
5.3 Documents. All of the Preliminary Documents and the Additional Documents which have been delivered or made available to Buyer pursuant to Article 3, and all other documents delivered to Buyer by or on behalf of Seller (a) are true, correct and complete copies of what they purport to be, (b) represent truly the factual matters stated therein, (c) are in full force and effect, (d) have not been modified, except as set forth therein and (e) do not omit any information required to make the submission thereof accurate and complete in all material respects.
5.4 Taxes and Condemnation. To the best of Seller’s knowledge, there are no presently pending or contemplated special taxes or assessments which will affect the Property. There are no presently pending or, to Seller’s knowledge, contemplated proceedings to condemn or demolish the Property or any part of it.
5.5 Utilities. All water, sewer, gas, electric, telephone and drainage facilities, and all other utilities required by law or by the normal operation of the Property, are (a) installed to the property lines of the Property, (b) connected to the Property, (c) adequate to service the Property in its present use and to permit full compliance with all requirements of law and normal usage by the occupants of the Property and (d) in good working order and repair. All such utilities and storm and sanitary sewers req uired for the operation of the Property enter the Land through adjoining public streets or through adjoining private land in accordance with valid public or private easements that will inure to the benefit of Buyer.
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5.6 Licenses. Seller has all required licenses, permits (including, without limitation, all building permits and occupancy permits), easements and rights -of-way which are required in order to continue the present use of the Property. Seller has no knowledge of any law or regulation of any governmental authority having jurisdiction which might require the Property to be improved beyond its present state or which might restrict the use and enjoyment of the Property in the manner it is presently being used and enjoyed.
5.7 Leases. The Existing Leases are the only leases affecting the Property. Except for Seller, no person or entity has a right to occupancy, tenancy, or a license to use or enter the Property.
5.8 Litigation. There are no actions, suits, proceedings, judgments, orders, decrees or governmental investigations pending or threatened against the Property or Seller which could affect the Property or the purchase, use or enjoyment thereof by Buyer, with the exception of the pending case, Miller & Associates v. City of Redlands.
5.9 Agreements with Governmental Authorities. To Seller’s knowledge , there are no agreements with governmental authorities, agencies, utilities or quasi-governmental entities which affect the Property except those agreements which are identified in the Preliminary Title Report and those matters which are disclosed by the Survey.
5.10 Title to the Property. Seller has good and marketable title to the Property, subject to the Conditions of Title. There are no outstanding rights of first refusal or first look, options to purchase, rights of reverter, or claim of right relating to the transfer or sale of the Property or any interest therein. To Seller’s knowledge, there are no unrecorded or undisclosed documents or other matters which affect title to the Property. No person holding a security interest in the Property or any part thereof has the right to consent or deny consent to the sale of the Property as contemplated herein, and Seller has the right to pay off such person and to remove all such liens as of the Closing Date. Seller has enjoyed the continuous and uninterrupted quiet possession, use and operation of the Property.
5.11 Seller’s Authority. Seller has the requisite power and authority to own and operate the Property and conduct its business where the same is now owned or operated. The execution, delivery and performance of this Agreement by Seller have been duly and validly authorized by all necessary action and proceedi ngs, and no further action or authorization is necessary on the part of Seller (or its trustees, executors, board of directors, or shareholders) in order to consummate the transactions contemplated herein. This Agreement and the other documents executed by Seller in connection herewith are legal, valid and binding obligations of Seller, enforceable in accordance with their respective terms. Neither the execution and delivery of this Agreement by Seller, nor performance of any of its obligations hereunder, nor consummation of the transactions contemplated hereby, shall conflict with, result in a breach of, or constitute a default under, the terms and conditions of the organizational documents pursuant to which Seller was organized, or any indenture, mortgage, deed of trust, agreement, undertaking, instrument or document to which Seller or any affiliate thereof is a party or is bound, or any order or regulation of any court, regulatory body, administrative agency or governmental body having jurisdiction over Seller.
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5.12 Zoning. Seller has received no written notice from any governmental agency that the Property is not in compliance with zoning requirements and laws.
5.13 Foreign Person. Seller is not a “foreign person” within the meaning of Section 1445(f) of the Internal Revenue Code.
5.14 Misstatements and Omissions . To the best of Seller’s knowledge , neither the representations and warranties made by Seller in this Article 5 nor elsewhere in this Agreement contain any untrue statement or any omission of a material fact. Seller has no documents in its possession, nor has any knowledge, that omits material facts related to the property or which would contradict or negate any of its rep resentations contained in this A greement. Buyer acknowledges that the City has engaged in negotiations with Buyer to which Seller was not a party. Seller does not and cannot confirm any representations, if any, made by the City to the Buyer in the course of separate negotiations.
5.15 Accuracy of Recitals. The Parties agree the recitals to this Agreement are true and correct in all material respects.
5.16 Disclaimer of Warranties; “AS IS” Purchase. Buyer acknowledges that it will have had an opportunity to conduct its Feasibility Investigation of the Property and will acquire the Property in its current condition based thereon. Buyer further acknowledges and confirms it voluntarily waived its right to conduct building inspections, environmental assessments, and other investigation or inspections, and that Buyer assumes all of the risk s of such waiver. Buyer acknowledges and agrees that the Property is to be conveyed by Seller to Buyer “as is, with all faults, known and unknown” and substantially in its current condition. Buyer further acknowledges and agrees that, except for the representations and warranties by Seller set forth in this Section 5, the sale of the Property to Buyer is made without any warranty or representation of any kind by Seller, either express or implied or arising by operation of law, and Seller shall have no liability with respect to the nature, value, uses, habitability, merchantability, suitability, condition, design, operation, rents, financial condition or prospects, fitness for purpose or use, or the manner, construction, condition or state of repair or lack of repair of the improvements of the Property (or any part thereof), or any other aspect, portion or component of the Property whatsoever, it bei ng specifically understood and agreed that Buyer shall have full opportunity, during the Feasibility Investigation, to determine for itself the condition of the Property. It is expressly understood that Seller is not providing any further disclosures in connection with thi s Agreement.
BUYER’S INITIALS: _________
ARTICLE 6. BUYER’S REPRESENTATIONS AND WARRANTIES.
Buyer makes the following representation and warranties to Seller with the understanding that each such representation and warranty is material and is being relied upon by Seller:
6.1 Buyer’s Authority. The execution, delivery and performance of this Agreement by Buyer have been duly and validly authorized by all necessary action and proceedings, and subject to Buyer’s rights to complete the Feasibility Investigation and any condition set forth in Section Redlands Regular Meeting of 02-17-26
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4 .1 of this Agreement, no further action or authorization is necessary on the part of Buyer in order to consummate the transactions contemplated herein.
6.2 No Conflict. Neither the execution nor delivery of this Agreement by Buyer, nor performance of any of its obligations hereunder, nor consummation of the transactions contemplated hereby, shall conflict with, result in a breach of, or constitute a default under, the terms and conditions of the organizational documents pursuant to which Buyer was organized, or any agreement to which Buyer is a party or is bound, or any order or regulation of any court, regulatory body, administrative agency or governmental body having jurisdiction over Buyer.
6.3 Accuracy of Recitals. Buyer agrees the recitals to this Agreement are true and correct in all material respects.
6.4 Waiver of Inspections and Due Diligence . Except as provided for herein, Buyer expressly waives the right to conduct any further inspections or due diligence regarding the Property. Buyer acknowledges and agrees that, by and through this waiver, Buyer releases and waives any claims it may have against Seller or City, in accordance with the release and waiver set forth in Article 9, below. Buyer further acknowledges receipt of certain documents and information from the City in regard to the Property, including but not limited to information that the Property may at one point have been used as or in connection with a former manufactured gas plant or battery facility, and that Buyer has had the opportunity conduct due diligence, investigations, or other inquiry into the condition of the Property or any matters affecting the Property and that Buyer shall defend, indemnify, and hold harmless the Seller and the City in connection with Buyer's purchase of the Property, as further provided in Article 9. Seller shall make no further disclosures under this Agreement.
ARTICLE 7. SURVIVAL OF REPRESENTATIONS AND WARRANTIES AND INDEMNIFICATION.
7.1 Survival of Warranties . Buyer and Seller agree that each representation and warranty, covenant by the respective Parties contained herein or made in writing pursuant to this Agreement are intended to and shall be deemed made as of the date of this Agreement or such writing and again at the Closing, shall be deemed to be material, and unless expressly provided to the contrary shall survive the execution and delivery of this Agreement, the Deed and the Closing.
7.2 Notice of Changed Circumstances . If Buyer or Seller becomes aware of any fact or circumstances which would render false or misleading a representation or warranty made by such Party, then Buyer or Seller shall immediately give notice of such fact or circumstance to the other Party, but such notice shall not relieve any Party of any liabilities or obligations with respect to any representation or warranty.
ARTICLE 8. SELLER’S PRE-CLOSING COVENANTS.
Seller shall comply with the covenants contained in this Article 8 from the Effective Date through the Closing Date unless Buyer consents otherwise in writing. Buyer may grant or withhold any such consent requested by Seller in Buyer’s sole discretion.
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8.1 Contracts and Documents. Seller shall not, without Buyer’s approval, not to be unreasonably withheld or delayed, (a) amend or waive any right under any Service Contract, Preliminary Document or Additional Document, or (b) enter into any material agreement of any type affecting the Property that would survive the Closing Date.
8.2 Insurance. Seller shall maintain or cause to be maintained in full force and effect its present insurance policies for the Property.
8.3 Compliance with Obligations. Seller shall fully and timely comply with all obligations to be performed by it under the s ervice contracts currently serving the Property, the Leases, the other Preliminary Documents, the Conditions of Title and all permits, licenses, approvals and laws, regulations and orders applicable to the Property.
8.4 No Transfers. Seller shall not sell, encumber or otherwise transfer any interest in all or any portion of the Property, or agree to do so.
8.5 Termination of Contracts. Except for the Assumed Contracts, Seller at its sole cost and expense shall transfer to Buyer or t erminate all of the s ervice contracts currently serving the Property at or before the Closing Date.
8.6 Maintenance. At its sole cost and expense, Seller shall operate and maintain the Property such that on the Closing Date the Property shall be in at least as good a condition and repair as on the Effective Date, reasonable wear and tear excepted. Without limiting the generality of the foregoing, Seller shall, at a minimum, spend such amounts for repair and maintenance as are consistent with its prior practice. Seller shall promptly advise Buyer of any significant repair or improvement required to keep the Property in such condition. Seller shall not make any material alterations to the Property, without Buyer’s prior consent.
8.7 Best Efforts. Seller shall use its best efforts to cause the conditions set forth in Section 4.1 to be satisfied by the Closing Date, and Seller shall not take or permit any action that would result in any of the representations and warranties set forth in Article 5 becoming false or incorrect.
ARTICLE 9. CLOSING.
9.1 Time. Provided all conditions set forth in Article 4 have been either satisfied or waived, the Parties shall close this transaction (the “Closing”), on the date which is no greater than 30 days after the expiration of the Feasibility Period (the “Closing Date”), as such date may be extended by the provisions of Article 10; provided, however, if the Feasibility Period is extended pursuant to Section 3.1.1 and Buyer approves the Feasibility Investigations or otherwise elects to proceed, then the Closing shall occur within ten (10) days from the end of the extended Feasibility Period.
9.2 Escrow. This Article 9, together with such additional instructions shall be transmitted to [Advantage Escrow] (“Escrow Holder”), and shall constitute the escrow instructions to Escrow Holder. If there is any inconsistency between this Agreement and the Escrow Holder’s additional escrow instructions, this Agreement shall control unless the intent to amend this Agreement is clearly stated in said additional instructions. Buye r and Seller shall cause Escrow Redlands Regular Meeting of 02-17-26
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older to execute and deliver a counterpart of this Agreement to each of them. The title company shall be Fidelity Title Company.
9.3 Seller’s Deposit of Documents and Funds Into Escrow . Seller shall deposit into escrow on or before Closing the following documents:
9.3.1 A duly executed and acknowledged grant deed, in the form acceptable to Buyer, conveying the Property to Buyer (“Grant Deed”) in the form attached as Exhibit D;
9.3.2 A duly executed assignment, in the form of Exhibit D, assigning to Buyer all of Seller’s interest in all warranties of which Seller is the beneficiary with respect to the Property and in all Personal Property, Intangible Assets, Permits and Entitlements, and other assets of the Property, (the “General Assignment”);
9.3.3 Buyer shall pay the costs of Closing, including, but not limited to, all of the transfer taxes, the CLTA premium for the Title Policy, the recording fees (if any), and the escrow fees, plus or minus prorations as provided in Section 9.8; provided that, subject to Section 9.6, Buyer and Seller shall bear their own attorneys’ fees and costs in connection with the negotiation and preparation of this Agreement and the transactions completed by this Agreement;
9.3.4 Seller’s Non-foreign Certification in the form attached as Exhibit C;
9.3.5 All records and files relating to the current management or operation of the Property, including, without limitation, keys and security codes, property tax bills, insurance, and property taxes;
9.3.6 Such additional documents, including written escrow instructions consistent with this Agreement, as may be necessary or desirable for conveyance of the Property in accordance with this Agreement;
9.3.7 A valid trust certificate, if required; and,
9.3.8 Form 593 as required by Escrow.
9.4 Deliveries Outside of Escrow. Notwithstanding Section 9.3, Seller and Buyer may elect to deliver the documents described in Section 9.3 outside of escrow (other than documents which are to be recorded) by giving Escrow Holder a joint written notice of such election, specifying the documents which will be so delivered outside of escrow. Upon receipt of such notice, Escrow Holder shall have no further obligation concerning such specified documents.
9.5 Buyer’s Deposit of Documents and Funds. Buyer shall deposit into escrow:
9.5.1 The Purchase Price, including the Initial Deposit, in accordance with the provisions of Article 2, plus or minus prorations as provided in Section 9.8, by electronic transfer of federal funds to Escrow Holder, on or before the Closing Date; and Buyers Closing costs in accordance with Section 9.3.3. A portion of the Purchase Price will be paid by the City pursuant to the Assignment and Assumption Agreement.
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9.5.2 Such additional documents, including written escrow instructions consistent with this Agreement, as may be necessary or desirable for conveyance of the Property in accordance with this Agreement.
9.6 Default, Termination and Remedies.
9.6.1 Buyer’s Termination. This Agreement shall automatically terminate without further notice or action by Buyer upon the occurrence of any of the following events, provided that Buyer is not then in material breach of this Agreement: (a) any condition to Closing contained in Section 4.1 has not been satisfied or waived by Buyer by the Closing Date; or (b) Buyer having exercised its right to terminate this Agreement pursuant to Section 3.4 (disapproval of Feasibility Investigation), Section 3.5 (disapproval of title) or Article 10 (damage or condemnation). In such event, the Parties shall have no further obligation to each other except for those obligations that specifically survive the termination of this Agreement. If this Agreement terminates as a result of Seller’s material breach of this Agreement, Buyer shall have all remedies it may have hereunder or at law as a result of such occurrence, including the remedy of specific performance.
9.6.2 Seller’s Termination. Provided that Seller is not then in material breach of this Agreement, this Agreement shall automatically terminate without further notice or action by Seller if any condition to Closing contained in Section 4.2 has not been satisfied or waived by Seller by the Closing Date.
9.6.3 Release from Escrow . Upon termination of this Agreement pursuant to Section 9.6.1 or 9.6.2, Escrow Holder shall promptly return to Buyer and Seller, respectively, all documents and monies deposited by them into escrow without prejudice to their rights and remedies hereunder . Notwithstanding the foregoing, upon termination of this Agreement or if Closing does not occur within ten (10) business days from the deposit of the Purchase Money Funds, Escrow Holder shall return to the City any Purchase Money Funds deposited by the City in accordance with the Assignment and Assumption Agreement, without any deduction for Closing costs or other charges or fees from escrow.
9.6.4 Remedies.
(a) Buyer’s Remedies. If Seller breaches this Agreement, Buyer shall be entitled to pursue all remedies permitted herein and by law, including the remedy of specific performance. No termination of the escrow by Buyer following a breach by Seller shall be deemed to waive such breach or any remedy otherwise available to Buyer. (b) Seller’s Remedies/Liquidated Damages. IF BEFORE THE CLOSE OF ESCROW, BUYER FAILS TO COMPLY WITH OR PERFORM BUYER’S OBLIGATIONS
UNDER THIS AGREEMENT AND (EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH 9.6) DOES NOT CURE SUCH FAILURE WITHIN TEN BUSINESS DAYS AFTER SELLER’S WRITTEN NOTICE OF SUCH FAILURE, THEN SELLER MAY THEREAFTER: (I) TERMINATE THIS AGREEMENT; (II) RECEIVE AND RETAIN THE
INITIAL DEPOSIT AS LIQUIDATED DAMAGES IF SUCH DEFAULT OCCURS AFTER BUYER’S APPROVAL PERIOD; AND (III) EXERCISE THE OTHER RIGHTS AND Redlands Regular Meeting of 02-17-26
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EMEDIES RESERVED BY SELLER AS PROVIDED IN THIS PARAGRAPH. IN THE EVENT SELLER TERMINATES THIS AGREEMENT BY REASON OF BUYER’S
DEFAULT, BUYER , SELLER AND CITY SHALL BE RELIEVED OF ANY FURTHER
OBLIGATION TO EACH OTHER WITH RESPECT TO THIS AGREEMENT, EXCEPT THAT
EACH PARTY SHALL RESERVE ITS RIGHTS UNDER THE SETTLEMENT AND
RELEASE AGREEMENT AND THE PROPERTY EXCEPT FOR ANY OBLIGATIONS WHICH EXPRESSLY SURVIVE. IT IS EXPRESSLY UNDERSTOOD AND AGREED BY BUYER AND SELLER: THAT SELLER WILL INCUR DAMAGES AS A RESULT OF ANY FAILURE BY BUYER TO COMPLY WITH OR PERFORM BUYER’S OBLIGATIONS UNDER THIS AGREEMENT; THAT IT IS EXTREMELY DIFFICULT AND IMPRACTICAL
TO CALCULATE AND ASCERTAIN AS OF THE EFFECTIVE DATE OF THIS
AGREEMENT THE ACTUAL DAMAGES WHICH WOULD BE SUFFERED IN SUCH EVENT BY SELLER; AND THAT THE DEPOSIT IS A REASONABLE ESTIMATE OF THE EXTENT TO WHICH SELLER MAY BE DAMAGED BY BUYER’S DEFAULT IN LIGHT OF THE DIFFICULTY THE PARTIES WOULD HAVE IN DETERMINING SELLER’S ACTUAL DAMAGES AS A RESULT OF SUCH DEFAULT BY BUYER.
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SELLER’S INITIALS BUYER’S INITIALS
(c) Waiver of Specific Performance. SELLER HEREBY WAIVES THE RIGHT TO MAINTAIN AN ACTION FOR SPECIFIC PERFORMANCE OF BUYER’S
OBLIGATION TO PURCHASE THE PROPERTY, OR CITY'S DEPOSIT OF PURCHASE
MONEY FUNDS, AND SELLER AGREES THAT SELLER CAN BE ADEQUATELY
COMPENSATED IN MONEY DAMAGES PAID AS LIQUIDATED DAMAGES AS
PROVIDED FOR HEREIN IF BUYER FAILS TO PURCHASE THE PROPERTY IN BREACH OF THIS AGREEMENT. SELLER ACKNOWLEDGES THAT THE PROVISIONS OF THIS
PARAGRAPH ARE A MATERIAL PART OF THE CONSIDERATION BEING GIVEN TO
BUYER FOR ENTERING INTO THIS AGREEMENT AND THAT BUYER WOULD BE
UNWILLING TO ENTER INTO THIS AGREEMENT IN THE ABSENCE OF THE PROVISIONS OF THIS PARAGRAPH.
____________________ ____________________
SELLER’S INITIALS BUYER’S INITIALS
9.7 Closing. When Escrow Holder has received all documents and funds identified in Sections 9.3 and 9.5, and notification from Buyer and Seller that all conditions to Closing to be satisfied outside of escrow have been satisfied or waived and Title Company is irrevocably committed to issue the Title Policy, then, and only then, Escrow Holder shall:
9.7.1 Record the Grant Deed;
9.7.2 Cause the Title Company to issue the Title Policy to Buyer;
9.7.3 To the extent not otherwise delivered to Buyer outside of escrow, deliver to Buyer: (a) a conformed copy (showing all recording information thereon) of the Grant Deed; (b) fully executed original counterparts of the General Assignment; and (c) the Seller’s Certificate, and the Non-foreign Certification;
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9.7.4 Deliver the Purchase Price (as adjusted pursuant to Section 9.8) to Seller; Escrow Holder shall prepare and sign closing statements showing all receipts and disbursements and deliver copies to Buyer and Seller and, if applicable, shall file with the Internal Revenue Service (with copies to Buyer and Seller) the reporting statement required under Section 6045(e) of the Internal Revenue Code.
9.8 Prorations. Subject to the other provisions of this Section 9.8, all receipts and disbursements of the Property will be prorated as of 11:59 p.m. on the day immediately preceding the Closing Date. Not less than five (5) business days prior to the Closing, Seller shall submit to Buyer for its approval a tentative prorations schedule showing the categories and amounts of all prorations proposed, including all rents and operating expenses. Security deposits shall be credited to Buyer from Seller proceeds . Seller and Buyer shall agree on a final prorations schedule prior to the Closing and shall deliver the same to Escrow Holder. If , following the Closing, Buyer or Seller discover an error in the prorations statement, it shall notify the other Party and the affected Party shall promptly make any adjustment required. Buyer and Seller agree that any trailing bills that pertain to the Property operations before the Closing Date , which are not available as of Closing, may be presented to Buyer for proration and reimbursement up to forty five (45) days after Closing. Failure to provide any bills by such date shall be a waiver by Seller of such reimbursement and Buyer shall have no further obligation for any such bills and Property expenses.
This section 9.8 shall survive closing.
SELLER’
S INITIALS: _________ BUYER’S INITIALS: _________
9.8.1 Capital Expenditures and Accounts Payable. All capital and other improvements (including labor and material) which have been performed or contracted for, by or on behalf of Seller prior to the Closing Date, and all sums due for accounts payable which have been incurred with respect to the Property prior to the Closing Date shall be paid by Seller. Seller shall defend, indemnify, and hold harmless the other Parties for any claims, actions, damages, liabilities, or other losses arise for amounts owed by Seller under this Section 9.8.1. Buyer shall furnish to Seller for payment any bills for such period received after the Closing Date, and Buyer shall have no further obligation with respect thereto.
9.8.2 Property Taxes. All real and personal property ad valorem taxes and special assessments, if any, whether payable in installments or not, including without limitation, all supplemental taxes attributable to the period prior to the Closing Date for the calendar year in which the Closing occurs, shall be paid current to the Closing Date, based on the latest available tax rate and assessed valuation, so that Seller shall pay all property taxes current through Closing.
Buyer shall be responsible for all such payments following Closing.
9.8.3 U
tility Charges. All utility charges shall be prorated as of the Closing Date and Seller shall obtain a final billing therefor. All utility security deposits, if any, shall be retained by Seller.
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9.9 Possession. Seller shall deliver exclusive right of possession of the Property to Buyer on the Closing Date, subject only to the Conditions of Title and the Existing Leases.
ARTICLE 10. DAMAGE, DESTRUCTION AND CONDEMNATION.
This Agreement shall be governed by the Uniform Vendor and Purchaser Risk Act as set forth in Section 1662 of the California Civil Code as supplemented and modified by this Article 10. Seller shall promptly notify Buyer in writing of any other material damage to the Property, separate and apart from the settlement and damage Seller alleges is caused by the Mill Creek Zanja, and of any taking or threatened taking of all or any portion of the Property. Within a reasonable period of time after receipt of such notice, Buyer shall determine whether a material part of the Property has been damaged or whether such taking or threatened taking has affected or will affect a material part of the Property. As used herein, (a) the destruction of a “material part” of the Property shall be deemed to mean an insured or uninsured casualty to the Property having an estimated cost of repair which in the reasonable judgment of Buyer equals or exceeds $100,000.00 and (b) a taking by eminent domain of a portion of the Property shall be deemed to affect a “material part” of the Property if in the reasonable judgment of Buyer the estimated value of the portion of the Property taken exceeds $100,000.00. Upon making its determination, Buyer shall notify Seller in writing of the results of such determination. Buyer may elect, by written notice delivered to Seller within 30 days after giving Seller notice of such determination, to terminate this Agreement in accordance with Section 9.6.1 if a material part of the Property has been damaged or if such taking has affected or will affect a material part of the Property. If Buyer does not so terminate, (i) in the case of damage to a material part of the Property, Seller shall assign to Buyer at the Closing its right to recover under any insurance policies covering such damage and shall pay Buyer at the Closing the amount of the deductible, if any, and (ii) in the case of a threatened or actual taking of a mater ial part of the Property, Seller shall assign to Buyer at the Closing Seller’s entire right, title and interest in the proceeds thereof. If between the Effective Date and the Closing Date the Property suffers damage which is not material, Seller shall repair such damage at its expense prior to the Closing, and the Closing Date shall be extended for a reasonable period of time not to exceed 30 days to allow for completion of such repairs. The Closing Date shall be extended as necessary to permit Buyer to exercise its rights under this Article
10. ARTICLE 11. CITY'S LIMITATION OF LIABILITY; WAIVER, RELEASE AND
INDEMNITY
11.1 LIMITATION OF LIABILITY FOR CITY. Buyer and Seller each agree and acknowledge that their remedies and recourse for any claims that relate to or arise from this Agreement shall be limited to the terms and conditions set forth herein, and that the City's sole obligations are to deposit the Purchase Money Funds with Escrow Holder in accordance with the terms and conditions of this Agreement and the Assignment and Assumption Agreement and to indemnify and defend the Seller against any and all future claims by the Buyer, its successors and assigns, related to the damages Seller alleges continue to the Property and caused by the Mill Creek Zanja.
11.2 RELEASE AND WAIVER. Buyer hereby agrees and represents that it does not presently have any claims, allegations, or demands, and represents that it will make no claims, Redlands Regular Meeting of 02-17-26
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llegations, or demands, against the City, except for claims or demands for violation of City's obligation to provide the Purchase Money Funds under the Assignment and Assumption Agreement. Buyer specifically disclaims , waive s, and relinquishes any claims, allegations, or demands against the City relating to the transfer of the Property, including but not limited to: the condition of the Property, any other condition that may affect the Property, the Property's use or fitness for any particular matter, or any claim that relates to or arises from the City's status as a public entity. In connection with the release made herein, Buyer acknowledge s it may hereafter discover facts different from or in addition to the facts which it may know or believe to be true with respect to the Property or the Agreement, but that they intend to hereby fully and forever settle all disputes with the City regarding the Property, and that provisions of this Section 11.2 survive the Closing. In furtherance of such intention, the release given herein shall be and remain in effect as a full and complete release, notwithstanding discovery of any such different or additional facts. Therefore, Buyer acknowledges they have been informed of and are familiar with the provisions of Civil Code section 1542, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.
BUYER’S INITIALS: _________
11.3 INDEMNITY.
11.3.1 Buyer agrees to defend (with counsel reasonably acceptable to the City) , indemnify, and hold harmless the City (inclusive of its individual officers, employees, contractors, representatives, and agents) for any and all claims, actions, damages, liabilities, or other losses arising from or relating to the Property or this Agreement, except to the extent required by law for the City's negligence or willful misconduct.
11.3.2 City agrees to defend (with counsel selected by the City and approved by the Seller in the exercise of reasonable discretion ), indemnify and hold harmless the Seller (inclusive of its individual officers, employees, contractors, representatives, and agents) for any and all claims, actions, damages, liabilities, or other losses arising from or relating to the sale of the Property, the condition of the Property at the time of Closing, or this Agreement, except to the extent required by law for the Seller’s negligence or willful misconduct.
ARTICLE 12. GENERAL.
12.1 Notices. All notices, demands, approvals, and other communications provided for in this Agreement shall be in writing and shall be effective (a) when personally delivered to the recipient at the recipient’s address set forth below; (b) five (5) business days after deposit in a sealed envelope in the United States mail, postage prepaid, by registered or certified mail, return receipt requested, addressed to the recipient as set forth below; or (c) one business day after deposit with a recognized overnight courier or delivery service, addressed to the recipient as set forth Redlands Regular Meeting of 02-17-26
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low, whichever is earlier. If the date on which any notice to be given hereunder falls on a Saturday, Sunday or legal holiday, then such date shall automatically be extended to the next business day immediately following such Saturday, Sunday or legal holiday. Email notices may be used for convenience only, unless otherwise agreed by the Parties in writing, and shall be deemed delivered one (1) business day after delivery if sent after 5:00 p.m., or received the same day if sent on a business day between 8 am and 5 pm, and a duplicate shall be sent via USPS on the same day as the email.
The addresses for notice are:
SELLER: Miller & Associates LLC
Attn: Joe Miller
908 Melbury Court
Redlands, CA, 92373
Wi
th a copy to: Saiki Law Group
Attn: Stacey R. Aldstadt
21515 Ha
wthorne Blvd., Suite 200
Torrance, CA 90503
BUYE
R: Christopher Collinsworth
P.O. Box 768
Highland CA 92346
Wi
th a copy to: Intentionally Omitted
CIT
Y: City of Redlands
Attn: City Manager
35 Cajon Street
Redlands, California 92373
With a copy to: City of Redlands
Attn: City Attorney
35 Cajon Street
Redlands, California 92373
Eith
er Party may change its address by written notice to the other given in the manner set forth above.
12.2 Entire Agreement. This Agreement and the Schedules and Exhibits hereto contain the entire agreement and understanding between the Parties concerning the subject matter of this Agreement and supersede all prior agreements, including any previous letter of intent or terms, understandings, conditions, representations and warranties, whether written or oral, made by Buyer or Seller concerning the Property or the other matters which are the subject of this Agreement.
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12.3 Amendments and Waivers. No addition to or modification of this Agreement shall be effective unless set fort h in writing and signed by the Party against whom the addition or modification is sought to be enforced. The Party benefited by any condition or obligation may waive the same, but such waiver shall not be enforceable by another Party unless made in writing and signed by the waiving Party.
12.4 Invalidity of Provision. If any provision of this Agreement as applied to either Party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole.
12.5 References. Unless otherwise indicated, (a) all Article, Section, Schedule and Exhibit references are to the articles, sections, schedules and exhibits of this Agreement, and (b) all references to days are to calendar days. All the Schedules and Exhibits attached hereto are incorporated herein by this reference. Whenever under the terms of this Agreement the time for performance of a covenant or condition falls upon a Saturday, Sunday or California state holiday, such time for performance shall be extend ed to the next business day. The headings used in this Agreement are provided for convenience only and this Agreement shall be interpreted without reference to any headings. The masculine, feminine or neuter gender and the singular or plural number shall be deemed to include the others whenever the context so indicates or requires.
12.6 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California applicable to contracts made and to be performed in California.
12.7 Confidentiality and Publicity . The City is a public entity and as such, this Agreement, upon its presentation for approval by the City Council at a duly called and agendized public meeting, shall be subject to the Public Records Act and the Freedom of Information Act.
No press release or other public disclosure may be made by Buyer or Seller or any of its agents regarding the sale of the Property, as provided hereunder, without the prior consent of the City.
12.8 Time. Time is of the ess ence in the performance of the Parties’ respective obligations under this Agreement.
12.9 Interpretation. This Agreement has been negotiated at arm's length and between persons (or their representatives) sophisticated and knowledgeable in the matters dealt with in this Agreement. Accordingly, any rule of law (including California Civil Code § 1654 and any successor statute) or legal decision that would require interpretation of any ambiguities against the party that has drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable manner to effect the purpose of the parties and this Agreement.
12.10 Attorneys’ Fees. In the event of any legal or equitable proceeding to enforce any of the terms or conditions of this Agreement, or any alleged disputes, breaches, defaults or misrepresentations in connection with any provision of this Agreement, each Party shall bear its own attorneys' fees and costs.
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12.11 Assignment. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. No Party shall assign any rights or benefits under this Agreement without the written consent of the other Parties. This paragraph does not apply to or govern the Assignment and Assumption Agreement as between Buyer and the City.
12.12 Further Assurances. Seller, at any time before or after Closing, shall, at its own expense, execute, acknowledge and deliver any further deeds, assignments, conveyances and other assurances, documents and instruments of transfer reasonably requested by Buyer and shall take any other action consistent with the terms of this Agreement that may reasonably be requested by Buyer for the purpose of transferring and confirming to Buyer, or reducing to Buyer’s possession, any or all of the Property or otherwise carrying out the terms of this Agreement.
12.13 No Third-Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any person other than the Parties to it and their respective permitted successors and assigns, nor is anything in this Agreement intended to relieve or discharge any obligation of any third person to any Party hereto or give any third person any right of subrogation or action over against any Party to this Agreement.
12.14 Remedies Cumulative. The remedies set forth in this Agreement are cumulative and not exclusive to any other legal or equitable remedy available to a Party.
12.15 Commissions, Indemnity, Disclosure. Each Party represents to the other Party that there is no broker representing such Party in the current transaction, except to the extent that Seller is a licensed real estate broker, and that the representing Party has incurred no liability to any broker not identified herein for any brokerage commission or finder’s fee arising from or relating to the transactions contemplated by this Agreement. Each Party hereby indemnifies and agrees to protect, defend and hold harml ess the other Party from and against all liability, cost, damage or expense (including without limitation attorneys’ fees and costs incurred in connection therewith) on account of any brokerage commission or finder’s fee which the indemnifying Party has agreed to pay or which is claimed to be due as a result of the actions of the indemnifying Party . This Section 12.15 is intended to be solely for the benefit of the Parties hereto and is not intended to benefit, nor may it be relied upon by, any person or entity not a Party to this Agreement.
12.16 Counterparts/Facsimile/PDF Signatures . This Agreement may be executed in counterparts and when so executed by the Parties, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument that shall be binding upon the Parties, notwithstanding that the Parties may not be signatories to the same counterpart or counterparts. The Parties may integrate their respective counterparts by attaching the signature pages of each separate counterpart to a single counte rpart. Signatures transmitted by email in portable document format and signatures electronically signed in accordance with the Uniform Electronic Transaction Act (UETA) or the substantive equivalent of the UETA, as adopted in the State of California, and with the United States ESIGN Act shall have the same effect as the delivery of original signatures and shall be binding upon and enforceable against the P arties hereto as if such transmittal were an original executed counterpart. The Parties intend to be bound by signatures provided electronically in accordance with this paragraph, are aware that each other Redlands Regular Meeting of 02-17-26
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arty will rely on the electronic signatures, and hereby waive any defenses to the enforcement of the terms of this Agreement based on the form of signature.
12.17 Venue. In the event that suit is brought by either Party to this Agreement, the Parties agree that venue must be exclusively vested in the state courts of the County of San Bernardino, or if federal jurisdiction is appropriate, exclusively in the United States District Court within the district embracing the County of San Bernardino. [SIGNATURES ON FOLLOWING PAGES]
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I
N WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
BUYER:
Christopher Collinsworth, an individual
Date:
SELLER:
Miller & Associates LLC, a California limited
liability company
By:
Its:
Date:
CITY:
City of Redlands, a California municipal
corporation
By:
Its:
Date:
ATTES
T:
________________________________
J
eanne Donaldson, City Clerk
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A
cceptance by Escrow Holder
Escrow Holder acknowledges receipt of the foregoing Agreement and accepts the instructions contained therein.
Dated: ______________, 2026, TO BE ADDED
By:
Name:
Title:
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LI
ST OF EXHIBITS
EX
HIBIT A: Legal Description
EXHIBIT B: Form of Schedule of Personal Property
EXHIBIT C: Form of Transferor’s Certification of Non-Foreign Status EXHIBIT D: Form of General Assignment
EXHIBIT E: Form of Grant Deed
EXHIBIT F: Assignment and Assumption Agreement
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EX
HIBIT A
LEGAL DESCRIPTION
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EX
HIBIT A
LE
GAL DESCRIPTION
(CONTINUED)
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EX
HIBIT B
FORM OF SCHEDULE OF PERSONAL PROPERTY
[TO
BE COMPLETED DURING FEASIBILITY PERIOD]
Se
ller, Miller & Associates LLC, a California limited liability company, and Buyer, Christopher Collinsworth, an individual, hereby agree that the following Personal Property, as defined in the Purchase Sale Agreement (the "Agreement") for 611 W. Redlands Blvd, Redlands, California, includes the items listed below.
UNIT/ADDRESS DESCRIPTION
If no pr
operty is transferred in the above, each party agrees by initialing here:
Se
ller: _______ Buyer: _______
In
addition to the foregoing, the Personal Property transferred includes any and all claims, rights, or interests that Seller may have in the personal property belonging to any tenants under Existing Leases; provided, however, unless otherwise specified herein or in the Agreement, this is not a representation or warranty that Seller possesses any claims, rights, or interests.
BUYER:
Christopher Collinsworth, an individual
Date:
SELLER:
Miller & Associates LLC, a California limited
liability company
By:
Its:
Date:
IF APPLICABLE:
TENANT:
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EX
HIBIT C
FOR
M OF TRANSFEROR’S CERTIFICATION OF NON-FOREIGN STATUS
Section 1445 of the Internal Revenue Code of 1986, as amended (the “Code”), provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform the [BUYER] (the “Transferee”), that withholding of tax under Section 1445 of the Code will not be required upon the transfer of a U.S. real property interest to the Transferee by ___________________ (the “Transferor”), the undersigned hereby certifies the following on behalf of the Transferor:
1. The Transferor is not a foreign corporation, foreign partnership, foreign trust or f
oreign estate (as those terms are defined in the Code and the Income Tax Regulations promulgated thereunder);
2. The Transferor’s U.S. employer identification number is _______________; and
3. The Transferor’s office address is ______________________________________.
The Transferor understands that this Certificate may be disclosed to the Internal Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment, or both.
Under penalty of perjury I declare that I have examined this Certification and, to the best of my knowledge and belief, it is true, correct and complete, and I further declare that I have authority to sign this document on behalf of the Transferor.
DATED: ________________, 202__
[EXHIBIT DO NOT SIGN]
_________________________
SELLER
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EX
HIBIT D
FORM OF GENERAL ASSIGNMENT
This Assignment (the “Assignment”) is made as of _________________, by Miller & Associates LLC, a California limited liability company (collectively “Assignor”).
FOR VALUABLE CONSIDERATION, as set forth in that certain Purchase Sale Agreement with Assignment of Rights and Joint Escrow Instructions dated _______________, 202_ (the “Agreement”), Assignor hereby assigns and transfers to Christopher Collinsworth, an individual (“Assignee”), all permits, licenses, consents, registrations and other similar approvals applicable to the Property, all as-built plans and specifications for: (1) the Land; and (2) any and all improvements used in connection with the operation or occupancy of the Land or located upon the Real Property (the “Improvements”) (collectively, the “Plans”); and all warranties of which Assignor is the beneficiary (the “Warranties”) with respect to the Improvements or Personal Property.
This Assignment shall not supersede the Agreement and, in the event of conflict between this Assignment and the Agreement, the Agreement shall control.
This Assignment shall be binding upon and inure to the benefit of Assignor and Assignee and their respective heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF, Assignor has executed this Assignment as of the date first above written.
ASSIGNOR:
[EXHIBIT DO NOT SIGN]
SELLER
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EXHIBIT E
FORM OF GRANT DEED
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
[ADD BUYER INFO]
SPACE ABOVE THIS LINE FOR RECORDER’S USE
APN: ______________
Grant Deed
DO
CUMENTARY TRANSFER TAX $________________
□ Computed on full value of property conveyed, or
□ Computed on full value less liens & encumbrances remaining thereon at time of sale. _______________________________________________________________________ Signature of declarant or agent determining tax, firm name FO
R A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MILLER & ASSOCIATES LLC, a California limited liability company (“Grantor”), hereby GRANTS to CHRISTOPHER COLLINSWORTH, an individual, (“Grantee”), the real property situated in the County of San Bernardino, State of California, described as follows:
See Exhibit A attached hereto and incorporated by reference herein. [G
rantor signatures to Grant Deed on next page.]
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EXH
IBIT A TO GRANT DEED
LEGAL DESCRIPTION
[TO BE ADDED]
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ACKNOW
LEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF )
On _____________________, 2026, before me, _____________________________________, Notary Public, personally appeared ___________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: (SEAL)
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EX
HIBIT F
ASS
IGNMENT AND ASSUMPTION AGREEMENT
Thi
s Assignment and Assumption Agreement (this “Assignment”) is made and entered into as of _____________, 202_, by and between City of Redlands, a California municipal corporation (“Assignor”) and Christopher Collinsworth, an individual (“Assignee”), with reference to the following:
A. As
signor is a party a Settlement and Release Agreement, dated on or about October 14, 2025, which provides Assignor with an option to purchase real estate (the "Option Right") that is located at and commonly known as 611- 721 West Redlands Boulevard, Redlands, California 92373, San Bernardino County, California (the "Property").
B. As
signee desires to purchase the Property.
C. As
signor desires by this Assignment to assign the Option Right to Assignee.
NO
W, THEREFORE, in consideration of the foregoing and the mutual covenants and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as follows:
1. The
Option Right. To exercise the Option Right, Assignee must purchase the Property in accordance with a Purchase Sale Agreement with Assignment of Rights and Escrow Instructions (the "Purchase Sale Agreement") , executed on or about the same date of this Assignment. The Purchase Sale Agreement provides for a purchase price of Three Million Four Hundred Thousand Dollars and Zero Cents ($3,400,000.00) (the "Purchase Price"), among other terms and conditions for the sale of the Property to Assignee. The Purchase Price shall be paid as follows:
a. As
signor will contribute One Million Eight Hundred Thousand Dollars ($1,800,000.00) towards the Purchase Price due under the Purchase Sale Agreement, plus escrow costs not to exceed Twenty Thousand Dollars ($20,000.00) (collectively, (the "Purchase Money Funds"), subject to Assignor's approval of a closing statement from escrow. Assignor's agreement to pay for escrow costs as provided for herein is limited to the cost of a standard CLTA policy of title insurance, and Assignee shall pay the costs of any extended coverage or endorsements.
b. As
signee will contribute One Million Six Hundred Thousand Dollars ($1,600,000.00) ("Assignee's Contribution") towards the Purchase Price, plus all escrow costs and fees required by the Buyer, as provided for under the Purchase Sale Agreement.
2. Di
sbursement of Assignor's Purchase Money Funds. The Purchase Money Funds shall be deposited by Assignor to escrow, and disbursed for purchase of the Property, subject to 35 I:\cmo\Agreements\611 W. Redlands Blvd Purchase Sale Agreement.02.11.2026.bm.FY2526-117.docx Redlands Regular Meeting of 02-17-26
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the
satisfaction of the following conditions.
a. The Buyer and Seller shall have each provided written confirmation to the Assignor and Escrow Officer, in accordance with the Purchase Sale Agreement, that Buyer and Seller elect to proceed to Closing for a transfer of the Property from Seller to Buyer;
b. Seller and Buyer shall not be in default of the Purchase Sale Agreement; c. Assignor shall have not less than five (5) business days from the date of written confirmation set forth in sub- paragraph (a) to deposit the Purchase Money Funds into Escrow; and,
d. The Purchase Money Funds shall only be disbursed upon Closing and, if the Closing does not occur within ten (10) business days from the deposit into Escrow, the Purchase Money Funds shall be returned to the Assignor in their entirety, without offset or deduction.
3. As
signment of Interests. Assignor hereby assigns and transfers to Assignee the Option Right.
4. As
sumption of Obligations . Assignee hereby accepts the Option Right, and Assignee hereby assumes all duties and obligations of Buyer under the Purchase Sale Agreement.
5. Limita
tion of Remedies; Waiver; Release.
a. As
signee agrees and acknowledges that the sole and exclusive remedy for a breach of the obligations under this Assignment shall be an action to require payment of the Purchase Money Funds for purposes set forth in the Purchase Sale Agreement, and that Assignor is not the seller of the Property and shall have no liability to Assignee for any claims or damages which arise from or relate to the Purchase Sale Agreement, except to the extent for the obligations set forth herein. Assignee acknowledges and agrees that it is waiving the right to conduct certain investigations or due diligence activities with respect to the purchase of the Property and that Assignee has not relied on any statements, representations, or information provided by the Assignor or the Seller in connection with the Property, and neither the Assignor nor the Seller has provided any representations or warranties about the Property, any condition of the Property, any matter affecting the Property, or the Property's usefulness for any particular purpose, and that Assignee agrees and covenants not to pursue any claim against the Assignor or the Seller regarding the Property, the condition of the Property, or any matters affecting the Property, except to the extent limited by law for gross negligence or willful misconduct by the Assignor or the Seller, respectively.
b. As
signee hereby waives, releases, and relinquishes any and all remedies and recourse for any claims or damages that relate to or arise from this Assignment , except for the limited purposes set forth in sub-paragraph (a) above. Assignee hereby agrees and represents that Assignee does not presently have any claims, allegations, or demands against Assignor, and represents that Assignee will make no claims, allegations, or demands, against Assignor , except for claims or demands for violation of Assignor's obligation to provide the Purchase Money Funds under this Assignment . Assignee specifically disclaim s, waive s, and relinquis hes any claims, allegations, or demands that relate to or arise from Assignee's status as a public entity. Assignee Redlands Regular Meeting of 02-17-26
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agr
ees that this is a negotiated agreement between the parties hereto . Assignee intends that this release shall be a full and final settlement of and bar to any and all claims and/or causes of action arising against Assignee, except to the extent such claim or cause of action is based on a breach of Assignor's obligations hereunder and is limited to an order for payment of the Purchase Money Funds as required by the Purchase Sale Agreement , except to the extent required by law for Assignee's negligence or willful misconduct. In connection with the release made herein, Assignee acknowledges Assignee may hereafter discover facts different from or in addition to the facts which Assignee may know or believe to be true with respect to the Property or the Purchase Sale Agreement, but that Assignee intends to hereby fully and forever settle all disputes with Assignor regarding the Property. In furtherance of such intention, the release given herein shall be and remain in effect as a full and complete release, notwithstanding discovery of any such different or additional facts.
c. As
signee acknowledges it has been informed of and is familiar with the provisions of Civil Code section 1542, which provides as follows:
A G
ENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.
ASSIGNEE'S INITIALS: ________
6. In
demnity. Assignee agrees to defend (with counsel reasonably acceptable to the Assignor), indemnify, and hold harmless the Assignor for any and all claims, actions, damages, liabilities, or other losses arising from or relating to the Property or this Agreement, except to the extent required by law for the Assignor's negligence or willful misconduct.
7. Gen
eral.
a. Ref
erences to the Assignor. Unless otherwise provided in this Agreement, all references to the Assignor include the Assignor, its officers, employees, contractors, representatives, or other agents.
b. Inv
alidity of Provision. If any provision of this Agreement as applied to either Party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole.
c. Gove
rning Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California applicable to contracts made an d to be performed in California.
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d. Time.
Time is of the essence in the performance of the Parties’ respective obligations under this Agreement.
e. Int
erpretation. This Agreement has been negotiated at arm's length and between persons (or their representatives) sophisticated and knowledgeable in the matters dealt with in this Agreement. Accordingly, any rule of law (including California Civil Code § 1654 and any successor statute) or legal decision that would require interpretation of any ambiguities against the party that has drafted it is not applicable and is waived. The provisions of this Agreement shall be interpreted in a reasonable manner to effect the purpose of the parties and this Agreement. f. At
torneys’ Fees. In the event of any legal or equitable proceeding to enforce any of the terms or conditions of this Agreement, or any alleged disputes, breaches, defaults or misrepresentations in connection with any provision of this Agreement, each Party shall bear it s own attorneys' fees and costs.
g. As
signment. No Party shall assign any rights or benefits under this Agreement without the written consent of the other Party. h. No T
hird-Party Beneficiaries . Nothing in this Agreement, express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any person other than the Parties hereto , nor is anything in this Agreement intended to relieve or discharge any obligation of any third person to any Party hereto or give any third person any right of subrogation or action over against any Party to this Agreement. i. Co
unterparts/Facsimile/PDF Signatures. This Agreement may be executed in counterparts and when so executed by the Parties, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument that shall be binding upon the Parties, notwithstanding that the Parties may not be signatories to the same counterpart or counterparts. The Parties may integrate their respective counterparts by attaching the signature pages of each separate counterpart to a single counte rpart. Signatures transmitted by email in portable document format and signatures electronically signed in accordance with the Uniform Electronic Transaction Act (UETA) or the substantive equivalent of the UETA, as adopted in the State of California, and with the United States ESIGN Act shall have the same effect as the delivery of original signatures and shall be binding upon and enforceable against the Parties hereto as if such transmittal were an original executed counterpart. The Parties intend to be bound by signatures provided electronically in accordance with this paragraph, are aware that each other Party will rely on the electronic signatures, and hereby waive any defenses to the enforcement of the terms of this Agreement based on the form of signature. j. Ve
nue. In the event that suit is brought by either Party to this Agreement, the Parties agree that venue must be exclusively vested in the state courts of the County of San Bernardino, or if federal jurisdiction is appropriate, exclusively in the United States District Court within the district embracing the County of San Bernardino.
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IN
WITNESS WHEREOF, the parties hereto have executed this Assignment as of the date above.
SI
GNATURES ON FOLLOWING PAGE
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ASSIGNOR:
City of Redlands, a California municipal
corporation
By:
Its:
Date:
ASSIGNEE:
Christopher Collinsworth, an individual
Date:
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