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HomeMy WebLinkAboutContracts & Agreements_197-2010_CCv0001.pdf AGREEMENT THIS AGREEMENT, made and entered into this 16thday: of September 2010, by and between the City of Redlands, a Municipal Corporation, organized and existing under the laws of the.State of California,hereinafter referred to as the "City",and Weka, Inc. of the City of RedlandsCountyof San Bernardino State of California, hereinafter referred to as the "Contractor". WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, agree as follows: 1. SCOPE OF WORK: The Contractor will fin-nish all materials and will perform all of the work for the following: Construction of the Redlands Municipal Airport Apron Rehabilitation, complete, as required by the Contract Documents and- Specifications for the REBLAND S MUNICIPAL AIRPORT APRON REHABILITATION,Project No. 64081. 1 THE CONTRACT SUM: $ 2 9 ,9 8 4.0 0 in accordance with the terms and conditions set forth in the Contract Documents. A. Pursuant to Section 22300 of the California Public Contract Code, Contractor has the option to deposit securities with an Escrow Agent as a substitute for retention of earnings requirement to be withheld by City pursuant to an Escrow Agreement as set forth in the Public Contract Code, Section 22')00. 3, TIME FOR COMPLETION: The work under this Contract is to be completed within twenty one(2 1)calendar days from and after the date of the Notice to Proceed. 4. LIQUIDATED DAMAGES- Failure of the Contractor to complete the work within the time allowed will result in damages being sustained by the City. Such damages are, and will continue to be,impracticable and extremely difficult to determine. The Contractor shall pay to the City., or have withheld from monies due it, the sum of$1000 for each consecutive calendar day in excess of the specified time for completion of the work. Execution of the Contract shall constitute agreement by the City and Contractor that S1000 per day is the minima and actual damage caused by the failure of the Contractor to complete the work- within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty,and mkv be deducted firom payments due the Contractor if such delay occurs. DI 5. CONTRACT DOCUMENTS: The complete contract documents, under the Agreement, includes all of the contract documents set forth herein,to wit:Notice Inviting Bids,Instructions to Bidders, Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Conditions, Special Provisions and Specifications and any addenda thereto, 6. CONTRACT PROVISIONS- A grantee's and subgrantee's contracts must contain provisions in paragraph(i) of this section. Federal agencies are permitted to require changes, remedies, changed conditions, access and records retention, suspension of work, and other clauses approved by the Office of Federal Procurement Policy. a) Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. (Contracts more than the simplified acquisition threshold) b) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of$10,000) c) Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 113)75 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CER chapter 60). (All construction contracts awarded in excess of$10,000 by grantees and their contractors or subgrantees) d) Compliance with the Copeland "AntiKickback"Act(18 U.&C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). (All contracts and subgrants for construction or repair) e) Compliance with the DavisBacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2000 awarded by grantees and subgrantee s when required by Federal grant program legislation) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-3330) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts awarded by gmmees and subgrantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers) g) Notice of awarding agency requirements and regulations pertaining to reporting. h) Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention Nvhich arises or is developed in the course of or under such contract. i) Awarding agency requirements and regulations pertaining to copyrights and right in 4:1 rights data. CD 2 j) Access by the grantee, the subgrantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. k) Retention of all required records for three years after grantees or subs antees malefinal payments and all other pending matters are closed, 1) Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.&C. 1857(h)), section 508 of the Clean Water Act (33 US.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts. subcontracts, and sub rants of amounts in excess of$100,000) in) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub,L. 94-163, 89 Stat. 871). 7. ATTORNEYS' FEES: In the event any legal action is commenced to enforce or interpret the terms or conditions of the contract documents, the prevailing party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attomevs'fees. 8, RESOLUTION OF CONSTRUCTION CLAIMS: Claims by the Contractor, in the amount of$375,000 or less, shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104), All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code, Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor. 9. ELIGIBILITY OF CONTRACTOR/SLTBCONTRACTOR: Contractor and any subcontractors agree to abide by California Public Contract Code, Section 6109,and California Labor Code, Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project. 10, ASSIGNMENT OF AGREEMENT: No assignment by a party hereto of any rights or interests under this agreement.will be binding on another party without the written consent of the party sought to be bound. IL SUCCESSORS AND ASSIGNS: City and Contractor each binds itself, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obli2ations contained in the Contract Documents. 12, SEVEX4,131LITY: Any provision or part of the contract documents held to be void or unenforceable tinder any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. CCS IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first %Titten above, City of Redlands (SEAL) (OAkme � By: Mayor,City o Redlands, County of San Bernardino,Califontia IN Ci C't,,rk,,City o -edlands County of San Bernardino,California (SEAL) Weka, Inc,, Name of Contractor By of Authorized Agent rs Jarmo Himle-F Trp-sident Title Signature of Authorized Agent(if necessaiy) Title 670100 Contractor's License No. CD 4 Description of Contract: City of Redlands Municipal Utilities&Engineering Department REDLANDS NIUNICIPAL AIRPORT APRON REHABILITATION Project No. 64081 Labor Code,Section 3700,provides,in part that: "Every employer except the Mate, shall secure the payment of compensation in one or more of the following ways: (a) By beim insured against liability to pay;compensation in one or more insurer 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 Clue to his or her employees. 1 am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's 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 of this contract.(Labor Code section 1 861) Elated this 16th day of Se temb g010, � t enc. (Contractor) (Si nature Jared Hi 1 e President (Official Title) (SEAL) (Labor Code Section 1861 provides that the abov=e certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.) D1 Bond issued in two(2) counterparts Premium: $4,305,00 Brand No, 0521568 Premium is for contract term and is subject to adjustment PERFORMANCE BOND band on final contract price. Whereas,the City Council of the City of Redlands,Mate of California,and Weka, inc. (hereinafter designated as"Principal")have entered into an agreement whereby Principal agrees to install and complete certain designated airport improvements,- which said agreement,dated September7_, 2010, and identified as Construction of the REDLANDS MUNICIPAL ORT APRON REHABILITATION, I>ro eet No 64081 is hereby referred to and made a part hereof; and Whereas, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said project. Now,therefore,said Principal and international Fidelity Insurance Company as surety, are held firmly bound lento the City,ofRedlands(hereinafter call"City"), in the penal sum of Two Hundred hlinet Bight Thousarsd mine Hundred Eighty Four< no/100 Dollars($-_--298;984.00®___ ) lawful money of the United States, for the payment of which sums well and truly to be made, we bind ourselves, our heirs, successors, executors,and administrators,jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his,or hers;heirs, executors, administrator; successors or assigns,shall in all things stared to and abide by,and well and truly beep and, perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, or his or their part, to be kept and performed at the time and in the spanner therein specified, and,in all respects according to their true intent and meaning,:and shall defend, indemnify and save harmless the City,.its elected officials, officers, agents and employees, as therein ,stipulated, then this obligation shall become null and.void;otherwise it shall be and remain in full force and effect, As a part of the obligation secured hereby and in addition the face amount specifier]therefore,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees incurred by the City in successfully enforcing such obligation, al l to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work;or to the specifications. In witness whereof,this instrument has been duly executed by the Principal and surety above named, on September 15 2010. (SEAL) (SEAL) elea, Inc. International Fidelity Insurance Company_ (Coptr ct) re (Signature) (Signature) Sh on M, lope Address: 233 Wilshire Blvd., Suite � Santa Monica, CA 00401 (Seal and Notarial Acknowledgment of Telephone( 877 )_q95-7887 Surety) CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT OWLEDGMENT State of California County of San Bernardino On September 1 , 010 before me S. Lynn Ewer,�,�otary Public , personally appeared Shannon M. Lopez who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature(s)on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the lags of the Mate of California.that the foregoing paragraph is true and correct: _ STI my hand and official seal. Z � c #107411 N.S NOTARY PIiG°4,C CAUfORXIi .. ........... $ANBERNARtINOCOU y My CcvraM,Exit.jUtB 26.2012 .. (deal) ,,,.� ....,. .. Signature OPTIONAL Though the data below is not required b law, it may prove valuable to persons relying on the document and could prevent fraudulent reattac ent of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT -r l Performance Bond Title(s) Title or Type of Document r nx-T-run grxT - 1 A.TTCt '-rN-FA.CT Dumber of Pages A September= 15, 201£1 Date of Document SIGNER IS REPRESENTING: International Fidelity Insurance CY mpanv ,-. eka, Inc. Signer(s) other than Darned Above Tel(973)624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE:ONE NEWARK CENTER,20TIl FLOOR NEWARK,NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey,and having its principal office in the City of Newark,New Jersey,does hereby constitute and appoint NNON M- LOPEZ, MARTIN M. DAVIS, GALE DELO, KENZIE K. THOMPSON, GEORGE A. DECRISTO, PETER M, DAVIS Redlands, CA. .... ............ ...... ........... i and lawful attorneys}-in-fact to execute,seal and deliver for and on its behalf as surety,a� a and all bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required orlermate, bj law,statute,rule,revlation,contract or otherwise,and ,in I the execution of such instrumcirt(s) in pursuance of these presents, shall te"as binding ing upon e said INTERNATI NAL FIDELITY INSURANCE COMPANY,as fully a-ad amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorne %is executed,and ma e revoked,pursuant to and by authority of Article 3-Section 3,of the By-Laws adoged by the Board of Directors of INTERNA ONAL FIDELITY 9SURNINCE COMPANY at a meeting called and held on the 7th day of February. 974. The President or any Viet President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority (1)To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, (2)To remove,at any time,any such attorney-in-fact and revoke the authority given. Further,this Power of Attornel is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th ay of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any suchower of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bindinj upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in e future with respect to any bond or undertaking to which it is attached. Ty IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be 0 signed and its corporate seal to be affixed by its authorized officer,this 16th day of October,A.D. 2007. SEAL r" INTERNATIONAL FIDELITY INSURANCE COMPANY 1904 STATE OF NEW JERSEY County of Essex Secretary On this 16th day of October 2007, before me came the individual who executed the din 'instrument, tgom�ersonajl known, and,being by me duly sworn,said the he is the therein described and,authorized officer of the INTERNAWirece ELI CE C MPANY;that the seat affixed to said instrument is the Corporate Seat of said Company-, that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF,I have hereunto scimy hand affixed my Official Seal. at the City of Newark,New Jersey the day and year first above written. 0 NOTARY P1113LIC �4;4-0 '�°' A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov,21.20 10 1,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF,I have hereunto set my hand this 15th day of September, 2010 Assistant Secretary ` Bond issued in two (2) counterparts premium: Included Bond No. OS215G8 LABOR AND MATERIAL BOND the City Council of thCity of Redlands, State nfCalifornia, d -'- "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated airport improvements,which said agreement,dated September 7 2010, and identified as REDLANDS MUNICIPAL AIRPORT APRON,REHABILITATION, Project No. 64A91 is hereby referred toand made upart hereof; and Whereas, under the terins of said agreement,Principal is required before entering upon the performance ofthe work,torile mgoodand outfiu|entpayment bond with the City ofRedlands tosecure the claims to which reference is made in Title 15 (commencing with Section 30Q2)of Part 4of Division 3 ofthe Civil Code ofthe State ufCalifornia. ' Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City of Redlands and all contractors, subcontractors, |ubnnerm mure/imJ men and other persons onp|ov*d in the performance of the aforesaid agreement and referred to inthe aforesaid Code ufCivil Procedure in the sum of Two Hundred Ni Dollars($298,984-00 for materials furnished or labor thereon of any kind, ur fhr amounts doe under the Y]neoiployment 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 udonn:9`o fees, incurred by the City of Redlands insuccessfully enforcing such obligation,tohe awarded and fizsd6vthe court,and tobutaxed umcosts and toheincluded in-the judgment therein nendured., It is hereby expressly stipulated and,u~oreed that this bond shall imou�o to the brmofi1 of any and all persons, companies and corporations entitled to file claims under Title 15 with Section 3O82)ofPart 4ofDivision,3ofthe Civil Code, so as to give uright-of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully oodornn:d then this obligation mbaU become null and void, otherwise itshall beand remain in full force and effect. The surety 8nne6v stipulates and agrees that uo change, ex1oouino of time, alteration o/ addition mthe terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond' and it does hereby waive nmduu of any such change, extension of time, a|inntimu or addition, In vvitnouu whereof, this instrument has been duly,executed by the Principal and surety abovo named, on September OlO. (SEAL) (SEAL) Weka, inc. International Fidelity Insurance Company Lo (Signature) (Signature) Sharvi M, Lopez Address: 233 Wilshire Blvd, Suite 826 Santa Monica, CA 9-1 (Seu)and Notarial Acknowledgment ofSurety) Telephone( 877 395-7887 CD "(1) Thousand Nine Hundred Eighty Four and no/1OO CALIFORNIA ALL PURPOSE A K;C OWLED MEN T State of California County of San Bernardino On September 15, 2010 before me S. Lynn Ewer, I'�otary Public --=.,.,,.,-,,,,, personally appeared Shannon M. Lopez ez who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity,;and that by her signature(s) on the instrument the person,or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY RY under the laws of the State of California that the foregoing paragraph is true and: correct'. WITNESS any hand"and official seal. s Co ls. 1s074il �s NOTARY PU$MI OAYAFORN9A p. ._..... ... "SAN BEAMARD NO 00ONTY 1 My Comm.Exp.July 25,2412 Signature .weal) OPTIONAL Though the data below is not re aired by law, it rn y prove valuable to persons relying on the document and cold prevent fraudulent retachnnt ofthis orm. CAPACITY CLAIMED BY SIGNER ER DE RIPTIO OF ATTACHED DOCUMENT INDIVIDUAL Labor and Material Bond Title(s) Title or Type of Document 1 . T ATTORNEY-TN-FACT lumber of Pages etatember 1.5,2010 Tate of Document SIGNER IS REPRESENTING: International Fidelity insurance Copan Wel . Inc. Signer(s) tither than Tamed Above Tel(973)624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE:ONE NEWARK CENTER,20TH FLOOR NEWARK,NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS. That INTERNATIONAL FIDELITY INSUR&NCE CONIPANY, a corporation organized and existing laws of the State of New Jersey,and having its principal office in the City of Newark,New Jersey,does hereby constitute and appoint SHANNON M. LOPEZ, MARTIN M. DAVIS, GALE DELO, KENZIE K. THOMPSON, GEORGE A. DECRISTO, PETER M. DAVIS Redlands, CA. its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,�n and all bonds and undertakings,contracts of indemnity and other Writings obligatory in the nature thereof,which are or may be allowed,required b law stature rule r lation,contract or otherwise,and the execution of such instrument(s) in pursuance of these presents, shall be as bio'Zieg"'U"gon by sand NTki&A:R8N1AL FIDELITY INSURANCE COMPANY,as fully and amply, to all intents and purposes, as if the sante had been duly executed and acknowledged by its regularly elected officers at its principal office, This Power of Abome %is executed,and may be revoked,pursuant to and by authority of Article 3-Section�3,of the B Laws ado ted by the Board of Directors of LNURNA ONAL FIDELITY 'NS TACE COMPANY at a meeting called and held on the 7th day of February, ?974. The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority (1)To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, (2)To remove,at any time,any such attorney-in-fact and revoke the authority given. Further,this Power of AttorrieLis signed and scaled b facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th flay of April, 1982 of by the following is a true excerpt: Now therefore the signatures of such officers and the seat of the Company may be affixed to any such ower of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile searsball be valid and bindM&upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in e future with respect to any bond or undertaking to which it is attached. TY r, IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCECONIPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 16th day of October,A.D.2007. INTERNATIONAL FIDELITY INSURANCE CO ANY . SEAL C*!X 1,904STATE OF NEW JERSEY County of Essex Secretary On this 16th day of October 2007,before me came the individual who executed the recedinginstrument to mwersonal known, and,being by me duly sworn,said the he is the therein described and authorized officer of the INTERNAWONAL ►ELITY NSU CE 8MPANY;that the seat affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal, at the City of Newark.New Jersey the day and year first above written, CO NOTARY PUBLIC JE A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission ENov."Expires 21,2010 1,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE CONIPANY do hereby certify that I have compared the foregoing copy of(be Power of Attorney and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with the ORIGIN AIS ON IN THE HOME OFFICE OF SAID COMPANY,and that the same are correct transcripts thereof.and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF,I have here-onto set my hand this 15th day of September, 2010 f. )449-pc� Assistant Secretary associated with the November 2. 2010 General Municipal Election Ballot Measure"A". Resolution No. 6989 - Street 'Improvement - tin motion of Councilmember Aguilar. seconded by Councilmember Ulan`iSon, the City Council approved Resolution No. 6989 adopting tile Five-Year Measure "I" Local Street Improvement Plam Mayor Pro Tem Bean and Councilmember Gallagher recused themselves from voting on the resolution due to the location of their respective residences. Airpog Anton Contract - On motion of'Mayor Pro Tem Bean, seconded by Councilaiernber Gallagher. the 0[y Council unanimously determined that approval of the agreement and construction of the Redlands Municipal Airport Apron Rehabilitation Project is categorically exempt from further environmental review in accordance with the California Environmental Quality Act and approved the award of a contract for the work to WLKA.Inc, Downtovn PadLiny_Structure-On motion of Mayor Pro Tem Bean,seconded by Mayor Gilbreath,the City Council unanimously agreed to direct staff to develop plans, specifications, environmental documents, and potential funding sources liar the implementation of parking structure to support the City of'Redlands Downtown Business District and the future Light Rail Downtown Station. Floodwater and Eco-Restoration Manap-ement - On motion of Councilmember Aguilar,seconded by Councilmember Harrison,the City Council voted to direct staff to pursue the use of U.S. Army Corps or Engineering, Santa Ana River Lake and Streams Improvement Prqjeclreturning to the Council for approval before entering into a co-sponsor agreement to fund the Mission Creek Zanja Floodwater and Eco-Restoration Management Program. Mayor Gilbreath voted No on the motion citing the funding requirements to proceed to the next level of effort involved in the Program. As a public comment, Bill Cunningham provided advice on how to proceed in dealing with the Corps of Engineering. Ordinance No.2738-Wireless Facilities Moratorium -On motion of Mayor Pro Tern Bean, seconded by Coincionember Gallagher. the City Council wianimoush, approved the introduction of' Ordinance No. 2738, an interim urgency ordinance of the City of Redlands establishing a temporary moratorium on the approval of specified permits for the installation of commercial wireless telecommunications facilities. Resolution No. 6987 - Tree Palette - Gin motion of Mayor Pro Tern Bean, seconded by Counci Imennber Gallagher.the City Council unanimously approved Resolution No. 6987 adopting an advisory parking lot tree palette for non- residential development for the City of Redlands, PUBLIC CQMNIErNVFS. Planning Process - Steve Rogers expressed criticism of the way the City of Redlands does strategic planning. Citing stalled programs and the lack of transit oriented development plans_ Bond Refnan"cin,- Bill Cunningham suggested the use ofcompetition to arrike --- at the best rate for refinancing city bonds, CL OSED SESSION: The Citi Council meeting recessed at 5.128 P.M. to a closed session to discuss the following. 1. Conference with labor negotiator-(Jovernment Code§54957.6 Agency Negotiator: City Councif Sub-Committee September 7,2010 Page 4