1 CITY OF COLTON
City Hall, Council Chambers
650 N. La Cadena Drive
Colton, CA 92324
Website: www.coltonca.gov
Mayor Frank J. Navarro
Council Members:
David J. Toro - District 1
Ernest R. Cisneros - District 2
Kenneth J. Koperski - District 3
Dr. Luis S. Gonzalez - District 4
John R. Echevarria - District 5
Isaac T. Suchil - District 6
City Treasurer Aurelio De La Torre
City Manager William R. Smith
City Attorney Carlos Campos
City Clerk Carolina R. Padilla
AGENDA
CITY COUNCIL,
COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,
COLTON HOUSING AUTHORITY
REGULAR MEETING
TUESDAY, MARCH 15, 2022 – 5:00 P.M.
CITY HALL, COUNCIL CHAMBERS
CLOSED SESSION - 5:00 p.m.
CLOSED SESSION CALLED TO ORDER
ROLL CALL
PUBLIC COMMENT Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments regarding Closed Session items; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meeting. The Council is prohibited by law from discussing or taking immediate action on items during this public comment period.
Persons desiring to submit paperwork to the City Council Members shall provide copy of any paperwork to the City Clerk for the Official Record.
Speakers will be limited to 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
2 A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Modern Pacific Homes, LLC. V. City of Colton, et al.,
San Bernardino Superior Court, Case No. CIVSB2120518
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation, Pursuant to Government Code Section 54956.9(d)(4) One (1) Potential Case
CITY ATTORNEY ORAL REPORT ON CLOSED SESSION ACTIONS
RULES OF DECORUM
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.
OPEN SESSION
6:00 P.M.
OPEN SESSION CALLED TO ORDER
INVOCATION Pastor Eric Strutz- The Door Chuch
FLAG SALUTE
ROLL CALL
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
MAYOR AND COUNCIL ITEMS
GIFT DISCLOSURES
Prior to rendering a decision in any proceeding involving a license, permit, contract or other entitleme nt pending before the city council, any council member who has received been promised a gift or gifts aggregating $50.00 or more in value within the preceding twelve months from a party or participant in the proceeding shall disclose that fact either orally or in writing during open session. This disclosure shall be made part of the official public record of the proceeding, either as part of the minutes of the meeting or as a separate writing filed with the city. (CMC Section 2.04.030)
3 AB 1234 ORAL REPORTS
Members of the city council shall provide brief reports on meetings attended at the expense of the city. (GC Section 53232.3(d))
APPOINTMENTS
MAYOR AND COUNCIL DISCUSSION ITEMS
PUBLIC HEARINGS
To speak on public hearing items, it is requested that you obtain a card from the City Clerk and complete it by noting the agenda item number, as well as whether you are in favor, opposition or neither, and give it to the City Clerk. The applicant will be allowed 5 minutes to address the Council and all other p ersons will be allowed 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure. (1) Public Hearing - Weed Abatement - TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO APPROVE THE CITY'S WEED ABATEMENT PROGRAM.
[Staff Person: Tim McHargue]
Mayor announces the Public Hearing Open.
City Clerk submits the Affidavit of Publication and reports on protests or objections thereto.
Staff Presentation.
Public Comment.
After hearing public comment, on motion by Councilmember __________, seconded by Councilmember _________, the Public Hearing is terminated.
MOTION __________ SECOND __________
BUSINESS ITEMS
There are no business items.
PUBLIC COMMENT Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments regarding C onsent Calendar items and other general comments about matters not on the agenda; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meeting. The Council is prohibited by law from discussing or taking immediate action on items during this public comment period.
Persons desiring to submit paperwork to the City Council Members shall provide copy of any paperwork to the City Clerk for the Official Record.
Speakers will be limited to 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
4 CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Counc il votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.
(2) Minutes - Approval of Minutes for the City Council Regular Meeting Held on March 01, 2022, on file in the Office of the City Clerk.
[Staff Person: Carolina Padilla]
(3) Warrants - Approve replacement check #197431 dated 02/17/2022 for $201.40; voucher numbers 197432 to 197556 dated 02/17/2022 and totaling $686,906.61; voucher numbers 197557 to 197627 dated 02/24/2022 and totaling $3,371,568.29; vouchers number 197628 to 197713 dated 02/28/2022 and totaling $77,824.07 and payroll disbursement listing dated 01/08/2022 to 01/21/2022 and totaling $1,988,390.31.
[Staff Person: Stacey Dabbs]
(4) Agreement - MS4 NPDES Common Interest Permittees - Approve MS4 NPDES Common Interest, Joint Defense, and Confidentiality Agreement Among Permittees. [Staff Person: Brian Dickinson]
(5) Contract Award - CalProMax Engineering Inc. - Approve and Adopt Resolution R-21-22, Award of Contract to CalProMax Engineering, Inc. for HSIP Funded Crosswalks Improvement Project in the amount of $308,300, RESOLUTION NO. R-21-22.
[Staff Person: Brian Dickinson]
(6) Contract Award - Diversified Utility Services Inc. - Approve and Adopt Resolution No. R-14-22 to Ratify an Emergency Contract for Line and Grid Infrastructure Repairs adjacent to Mt. Vernon and M Street, RESOLUTION NO. R-14-22.
[Staff Person: Brian Dickinson]
(7) Contract Amendment - GovernmentJobs.com, Inc. (dba NEOGOV) - Amend Contract to GovernmentJobs.com, Inc. (dba NEOGOV) for Applicant Tracking, Onboarding, Performance, Background Integration, eForms, and Learn System Modules.
[Staff Person: Tom Cody]
(8) Contract Award - KPFF Consulting Engineers - Approve and Adopt Resolution R-22-22, Award of Professional Service Agreement to KPFF Consulting Engineers for the Agua Mansa Road Bridge Replacement and Widening Project, RESOLUTION NO. R-22-22. [Staff Person: Brian Dickinson]
(9) Emergency Work - Hitachi Energy USA at Century Substation - Approve Additional Emergency Work Request with Hitachi Energy USA for Repair Work at Century Substation, RESOLUTION R-24-22. [Staff Person: Brian Dickinson]
(10) Modify Curb Markings - 7th/8th Streets - Approve Modification of Curb Markings along Seventh (7th) Street and Eighth (8th) Street in the Vicinity of Woodrow Wilson Elementary. [Staff Person: Brian Dickinson]
(11) MOU Side Letter - CPOA and CFFA - Approve Colton Police Officers Association (CPOA) MOU Side Letter #2 and Colton Firefighters Association (CFA) MOU Side Letter #1. [Staff Person: Tom Cody]
(12) Resolution - ARPA Stipend - Approve and Adopt a Resolution Adopting the American Rescue Plan Act (ARPA) Stipend, RESOLUTION NO. R-19-22.
[Staff Person: Deb Farrar]
5 (13) Second Reading of Ordinance No. O-04-22 - Waive full reading, and Approve Second Reading of Ordinance Amending Colton’s Municipal Code Section 2.02.090 Regarding By-District Elections, Adjusting the Boundaries of City Council Election Districts and Confirming such Revised Council District Boundaries, as Reflected in the Attached Map, ORDINANCE NO. O-04-22.
[Staff Person: Carolina Padilla]
MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor and Council on various issues and activities throughout the community.
CITY MANAGER'S REPORTS
ADJOURNMENT
6 I, Stephanie Vargas, the Acting Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted , at least seventy-two (72) hours prior to the meeting per Government Code 54954.2, at the following locations:
City of Colton City Hall 650 N. La Cadena Drive
City of Colton Website, www.coltonca.gov <http://www.coltonca.gov>
PROCEDURES FOR ADDRESSING CITY COUNCIL
For the Official Record, it is requested that y ou obtain a card from the City Clerk and complete it by noting a specific item number on the Agenda, if applicable, or you can identify the subject that you wish to address under the Public Comment portion of the Agenda. The City Council encourages public input on all City issues within the Rules of Decorum. Speakers will be limited to the time periods provided on the Agenda; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Coun cil Manual of Procedure.
RULES OF DECORUM
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Counc il will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks tha t all persons - including councilmembers, staff and the public - act and speak respectfully.
NOTICE TO PUBLIC
Staff reports or other written documentation relating to each item referred to, on the Agenda, are available for public inspection at the follo wing locations: Office of the City Clerk, 650 N. La Cadena Drive, Colton, CA; City of Colton Public Library, 656 9 th St., Colton, CA; or the City of Colton Internet Website, www.coltonca.gov. Any person having quest ions concerning any item on the Agenda may call the City Clerk at 370 -5191 to make inquiry concerning the nature of the item described on the Agenda. The City Clerk shall direct inquiries to the appropriate office.
All matters listed under the Consent Cal endar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.
7 In compliance with the American with Disabilities Act, if you need special assistance to participate in a City Meeting, please contact the City Clerk’s Office at 909 -370-5001. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
LEGAL CHALLENGES
If you challenge in court any discussion or action taken concerning an item on this Agenda, you may be limited to raising only those issues you or someone else raised during the meeting or in written correspondence delivered to the City at or prior to the City's consideration of the item at the meeting.
MANUAL OF PROCEDURE
The City Council adopted its Manual of Procedure pursuant to Resolution No. R -150-07; Amended by Minute Action on December 2, 2014 and adopted by Resolution No. R -03-15 on January 20, 2015. Copies are available in the Office of the City Clerk.
ITEM NO. 1
STAFF REPORT
DATE: MARCH 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TIM MCHARGUE, FIRE CHIEF
SUBJECT: TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO APPROVE THE CITY'S WEED ABATEMENT PROGRAM.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Conduct a Public Hearing for those property owners who wish to protest the abatement of weeds on their property.
2. Close the Public Hearing and direct the Fire Chief or his designee to abate the stated nuisance by having the weeds, rubbish, refuse, or dirt removed.
BACKGROUND
As allowed by the Government Code, each year the City conducts a comprehensive weed abatement program to address the annual growt h of weeds and the accumulation of trash and debris on the vacant lots located within the City. By means of the declaration by Resolution of a Public Nuisance, notification by mail and the Public Hearing, the City is authorized to abate the weeds.
Twice a year, in the spring and again in the f all, a list and mailing labels of all unimproved parcels within the City is obtained from D&W Consulting. Notices conforming to the Government Code are sent to approximately 850 parcels identified as unimproved wi thin the City. Property owners are given a due date to complete the abatement, after which a physical inspection of each parcel is conducted to check for compliance. Those properties not in compliance are then scheduled for abatement by the City’s appointed contractor.
1.1 Packet Pg. 8
Staff Report to the Mayor and City Council
Public Hearing - Weed Abatement
March 15, 2022
The properties that require abatement through the City are then invoiced for the cost of the contractor and an administrative charge of $856.00. The costs recovered through the direct billing method fluctuate from year to year, with an average collection rate of approximately 10%.
Those invoices which are not paid by the designated deadline are then placed upon the County Tax rolls for collection with the owner’s annual tax bill.
ISSUES/ANALYSIS
At the regular City Council Meeting on M arch 1, 2022, the City Council approved Resolution Number R -17-22 declaring weeds, rubbish and trash a public nuisance and directing the Fire Chief to give notice and provide for the abatement.
Currently, the City is entering into the Spring Program. Not ices have been sent to all vacant property owners as identified. Abatement proceedings are scheduled to begin June 1, 2022.
FISCAL IMPACTS
Total contractor fees for the 2022 Spring Weed Abatement Program ar e estimated at approximately $38,5 00. Addition al associated operating costs are estimated at $2,000 and include items such as mailings and like incidental costs. These “pass -through” costs are recouped through direct billing and the County Tax Rolls. Funds budgeted in 2021 -2022 Fiscal Year will cove r the initial program costs associated with office supplies. Funds yet to be budgeted for the 2022 -2023 Fiscal Year will cover those contractor costs billed beginning on July 1, 2022.
ALTERNATIVES
1. Provide alternative direction to staff.
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ITEM NO. 2
STAFF REPORT
DATE: MARCH 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CAROLINA PADILLA, CITY CLERK
SUBJECT: APPROVAL OF MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD ON MARCH 01, 2022, ON FILE IN THE OFFICE OF THE CITY CLERK.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approval of Minutes for the City Council Regular Meeting held on March 1, 2022.
BACKGROUND
Minutes for the City Council Regular Meeting held on March 1, 2022.
FISCAL IMPACTS
None
ATTACHMENT
1. 03-01-2022 Draft Minutes
2 Packet Pg. 10
2022 MARCH 01 CC/CUA/CPFA/CHA MEETING 1 -
CITY COUNCIL/COLTON UTILITY AUTHORITY/
COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY
CLOSED SESSION MINUTES
March 1, 2022
Closed Session Meeting held on the above given date at 5:00 p.m., in City Hall, located at 650 North La Cadena Drive, Colton, California with Mayor Navarro presiding.
CITY COUNCIL ROLL CALL
Councilmembers present were Toro, Cisneros, Koperski, González, Echevarria, Suchil; and Mayor Navarro.
STAFF PRESENT
City Manager Smith, City Attorney Campos, and City Clerk Padilla.
PUBLIC COMMENT
None
CLOSED SESSION
City Attorney Campos announced the City Council would meet in Closed Session to Discuss Item A/B/C.
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation, Pursuant to Govern ment Code Section 54956.9(d)(2)/(e)(1) One (1) Potential Case
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation, Pursuant to Government Code section 54956.9(d)(4) One (1) Potential Case
C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
Mayor Navarro adjourned the meeting to Closed Session at 5:01 p.m. and at 6:00 p.m., the meeting reconvened, with all members present heretofore.
City Attorney Campos announced that the City Council did meet in Closed Sessi on and discussed Item A/B/C; with direction to staff and no reportable action.
Reportable Action/Closed Session Agenda of October 19, 2021
C. CONFERENCE WITH LEGAL COUNSEL - WORKER'S COMPENSATION CLAIM Pursuant to California Government Code, Section 54956.95.
Case Name(s): Robert Zendejas v. City of Colton
City Attorney Campos announced a closed session report from a previous closed session that is now final and subject to disclosure. At the meeting of October 19, 2021 under item “C” under closed sessi on, titled Conference with Legal Counsel, in the Workers Compensation Claim of Robert Zendejas v. City of Colton, the City Council approved settlement of the claim in the amount of $195,242.50.
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Attachment: 03-01-2022 Draft Minutes (3534 : Draft Minutes 03-01-22) 2022 MARCH 01 CC/CUA/CPFA/CHA MEETING 2 -
CITY COUNCIL/COLTON UTILITY AUTHORITY/
COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY
REGULAR MEETING MINUTES
March 1, 2022
Regular Meeting held on the above-given date at 6:02 p.m. in City Hall, located at 650 North La Cadena Drive, Colton, California with Mayor Navarro presiding.
INVOCATION: Pastor Paul Stumpf – Colton Community Church FLAG SALUTE: American Legion Post 155 Members Louie Barrera and Steve Ferrance
CITY COUNCIL ROLL CALL
Council Members Present Staff Present
Frank J. Navarro, Mayor William R. Smith, City Manager David J. Toro Carlos Campos, City Attorney
Ernest R. Cisneros Carolina R. Padilla, City Clerk Kenneth J. Koperski
Dr. Luis S. González
John R. Echevarria
Isaac T. Suchil
Council Members Absent
None
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MAYOR AND COUNCIL ITEMS
POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF MARCH 1, 2022.
GIFT DISCLOSURES
Mayor Navarro asked the me mbers present if there were any agenda items that were a conflict of interest pursuant to CMC Section 2.04.030. None disclosed.
AB 1234 ORAL REPORTS
Mayor Navarro asked the members present if there were any brief reports on meetings attended at the expens e of the City. (GC Section 53232.3(d).
Councilmember Echevarria/Councilmember Suchil attended the League of California Cities Division Meeting on February 17, 2022 held at San Bernardino International Airport, located in San Bernardino, CA.
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PUBLIC HEARINGS
(1) Redistricting - Public Hearing #43
TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO INTRODUCE BY TITLE ONLY ORDINANCE NO. O -04-22, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
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Attachment: 03-01-2022 Draft Minutes (3534 : Draft Minutes 03-01-22) 2022 MARCH 01 CC/CUA/CPFA/CHA MEETING 3 -
COLTON, CALIFORNIA, AMENDING COLTON MUNICIPAL CODE SECTION 2.02.090
REGARDING BY-DISTRICT ELECTIONS, ADJUSTING THE BOUNDARIES OF CITY COUNCIL
ELECTION DISTRICTS AND CONFIRMING SUCH REVISED COUNCIL DISTRICT BOUNDARIES, AS REFLECTED IN THE ATTACHED MAP, ORDINANCE NO. O-04-22.
Mayor Navarro declared the Public Hearing open.
City Clerk Padilla submitted the Notice of the Public Hearing (on file in the City Clerk’s Office) and there were no reports of protests or objections thereto.
Staff Presentation
Attorney William Priest, BB&K, presented for Council consideration an overview of the agenda item; conduct a public hearing to receive public input on district boundaries; and receive a consensus of the Council to adopt a specific final Map Option.
Public Comment
None
Motion and Second by CM González/MPT Koperski to close the public hearing.
Vote: Unanimous
Council Discussion
Discernment and discussion between Mayor and Councilmembers present, with clarification provide by staff:
Attorney Priest.
Motion and Second by CM Toro/CM Cisneros to waive full reading, read by title only and introduce Ordinance No. O-02-22.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, AMENDING COLTON MUNICIPAL CODE SECTION 2.02.090 REGARDING BY -DISTRICT
ELECTIONS, ADJUSTING THE BOUNDARIES OF CITY COUNCIL ELECTION DISTRICTS AND
CONFIRMING SUCH REVISED COUNCIL DISTRICT BOUNDARIES, AS REFLECTED IN THE ATTACHED MAP.
Vote: Unanimous
Motion and Second by CM Cisneros/CM Toro to waive full reading, read by title only and introduce Ordinance No. O-02-22 to adopt Map Option Three (3).
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, AMENDING COLTON MUNICIPAL CODE SECTION 2.02.090 REGARDING BY -DISTRICT
ELECTIONS, ADJUSTING THE BOUNDARIES OF CITY COUNCIL ELECTION DISTRICTS AND CONFIRMING SUCH REVISED COUNCIL DISTRICT BOUNDARIES, MAP OPTION THREE (3).
Vote: Unanimous
(2) Subdivision Ordinance Update and SB 9
TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO INTRODUCE BY TITLE ONLY ORDINANCE NO. O-01-22, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, TO AMEND, REPEAL AND REPLACE TITLE 16 SUBDIVISION
ORDINANCE OF THE CITY OF COLTON MUNICIPAL CODE INCLUDING URBAN LOT SPLITS AND TWO -UNIT PROJECTS TO IMPOLEMENT LAWS ENAC TED BY SB 9 AND
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Attachment: 03-01-2022 Draft Minutes (3534 : Draft Minutes 03-01-22) 2022 MARCH 01 CC/CUA/CPFA/CHA MEETING 4 -
DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA. (FILE INDEX NO. DAP -001- 723), ORDINANCE NO. O-01-22.
Mayor Navarro declared the Public Hearing open.
City Clerk Padilla submitted the Notice of the Public Hearing (on file in the City Cler k’s Office) and there were no reports of protests or objections thereto.
Staff Presentation - PowerPoint
Mario Suarez, Planning Manager, Development Services, presented for Council consideration an overview of the agenda item and requested approval of staff’s recommendation
Public Comment
The following community members addressed the Council: Scott McKhann; Pamela Lemos.
Motion and Second by CM González/MPT Koperski to close the public heating.
Vote: Unanimous
Council Discussion
Discernment and discussi on between Mayor and Councilmembers present, with clarification provide by staff:
Director Tomich.
Full consensus by Council to continue the item and continue the public hearing to the second meeting of April (04-19-2022); previous motion and second to close the public hearing is moot.
*************************************************************************** Public Comment
General Public Comment
The following community members addressed the Council: Angel Delgado; Francisco Ceja; Celeste Carlos; Burney Irvin; Pamela Lemos; Scott McKhann; and Eugene Valdez
Consent Calendar Public Comment
The following community members addressed the Council: Pamela Lemos/Item 13.
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CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 3 through 15.
Councilmembers present selected items for discussion and clarification by staff: CM Echevarria, Item 6; CM Suchil, Item 13.
Motion and Second by CM González/CM Suchil to approve the consent calendar Item 3 through 15.
Vote: Unanimous
(3) Minutes - Approval of Minutes for the City Council Regular Meeting held on February 15, 2022, on file in the Office of the City Clerk.
(4) City Treasurer's Report - Receive and File City Treasurer's Report for December 2021.
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Attachment: 03-01-2022 Draft Minutes (3534 : Draft Minutes 03-01-22) 2022 MARCH 01 CC/CUA/CPFA/CHA MEETING 5 -
(5) Warrants - Approve voucher numbers 197203 to 197336 dated 02/03/2022 and totaling $264,656.09; voucher numbers 197337 to 197430 dated 02/10/2022 and totaling $3,003,823.51; voucher number 197338 dated 02/10/2022 and totaling $2, 000.00 and payroll disbursement listing dated 12/25/2021 to 01/07/2022 and totaling $985,434.42.
(6) Agreement - Operation New Hope - Approve collaboration with Operation New Hope for Davis Park Basketball Courts Renovation Donation.
(7) Agreement Amendment - SBCTA - Approve Amendment No. 1 to Cooperative Agreement between the City of Colton and San Bernardino County Transportation Authority (SBCTA) for the I -10 Freeway/Mt.
Vernon Avenue Interchange Project.
(8) Agreement - Blais and Associates - Approve Agreement with Blais & Associates for Grant Writing Services.
(9) Contract Award - Mike's Custom Flooring - Approve Award of Contract to Mike's Custom Flooring Inc. for Colton Police Department Project.
(10) Contract Amendment - Krieger and Stewart - Approve First Amendment to the Professional Services Agreement with Krieger and Stewart Engineering Consultants.
(11) Contract Amendment - Monument Row Inc. - Approve Amendment No. 1 to Professional Services Agreement with Monument Row, Inc. for the La Caden a Drive Bridge over Santa Ana River Replacement Project.
(12) Notice of Completion - Rancho/N Street Intersection Improvement Project - Approve Notice of Completion for Rancho Avenue and N Street Intersection Improvement Project.
(13) Resolution - CAL Cities to Oppose Initiative 21 -0042A1 - Approve and Adopt Resolution No. R -16-22 to Join CAL Cities to Oppose Initiative 21-0042A1, RESOLUTION NO. R-16-22.
(14) Set Public Hearing - Weed Abatement - Set Public Hearing for the Council meeting of March 15, 20 22, to Approve and Adopt Resolution No. R -17-22 Regarding the Annual Weed Abatement Program as Administered by the Colton Fire Department.
(15) Second Reading of Ordinance No. O -02-22 - Waive Full Reading, Read By Title Only and Pass Second Reading of An Ordinance of the City Council of the City of Colton, California, Adding Section
12.08.230 to the Colton Municipal Code, to Enact a Pavement Cut Moratorium to Preserve Newly Paved Streets, ORDINANCE NO. O-02-22.
MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor, Council and City Treasurer on various issues and activities throughout the community.
CITY MANAGER'S REPORTS
None
ADJOURNMENT
At 8:17 p.m.. Mayor Navarro adjourned the Regular Council Meeting in Memorium of Robert Carrasco.
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Attachment: 03-01-2022 Draft Minutes (3534 : Draft Minutes 03-01-22) 2022 MARCH 01 CC/CUA/CPFA/CHA MEETING 6 -
_________________________________
Carolina R. Padilla
City Clerk
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Attachment: 03-01-2022 Draft Minutes (3534 : Draft Minutes 03-01-22)
ITEM NO. 3
STAFF REPORT
DATE: MARCH 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE REPLACEMENT CHECK #197431 DATED 02/17/2022 FOR $201.40; VOUCHER NUMBERS 197432 TO 197556 DATED
02/17/2022 AND TOTALING $686,906.61; VOUCHER NUMBERS
197557 TO 197627 DATED 02/24/2022 AND TOTALING
$3,371,568.29; VOUCHERS NUMBER 197628 TO 197713 DATED
02/28/2022 AND TOTALING $77,824.07 AND PAYROLL
DISBURSEMENT LISTING DATED 01/08/2022 TO 01/21/2022 AND TOTALING $1,988,390.31.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve replacement check #197431 dated 02/17/2022 for $201.40; voucher numbers 197432 to 197556 dated 02/17/2022 and totaling $686,906.61; voucher numbers 197557 to 197627 dated 02/24/2022 and totaling $3,371,568.29; vouchers number 197628 to 197713 dated 02/28/2022 and totaling $77,824.07 and payroll disbursement listing dated 01/08/2022 to 01/21/2022 and totaling $1,988,390.31.
BACKGROUND
The California Government Code requires that the legislative body ratify all vouchers issued in the course of conducting City business.
ISSUES/ANALYSIS
All vouchers and related backup documentation have been reviewed by the City Treasurer.
FISCAL IMPACTS
3 Packet Pg. 17
Staff Report to the Mayor and City Council
Warrants - Accounts Payable
March 15, 2022
None.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Fund Number and Title Legend
2. Voucher lists
3. Payroll Registers
3 Packet Pg. 18
City of Colton
Fund Number and Title Legend
Fund Title Fund Title
100 GENERAL FUND 701 LLMD #2
150 TREASURERS ACCOUNT GROUP 702 LLMD #1
206 COMMUN ITY CHILD CARE 703 CFO 87-1 DEBT SERV ICE
209 DSF FLY CONSERVATION 704 CFO 87-1 CONSTRUCT ION
210 SPECIAL GAS TAX 707 CFO 88-1 DEBT SERV ICE
211 LIBRARY GRANT FUND 708 CFO 88-1 CONSTRUCTION
212 STATE TRAFFIC RELIEF FUND 709 DSF FLY CONSERVATION
213 S.Y.E.T .P. GRANT 722 STORM WATER
214 POLLUT ION REDUCT ION FUND 733 CFO 89-1 CONSTRUCT ION 215 COMMUNITY DEV ACT FUND 734 CFO 89-2 CONSTRUCT ION
216 CDBG HOUS ING REHAB FUND 744 CFO 89-1 DEBT SERV ICE 217 DRUG/GANG INTERVENTION 745 CFO 89-2 DEBT SERV ICE
218 MEASURE I FUND 750 AQUA MANSA CFO
219 STATE AID- CAPITAL PROJECTS 754 SB COUNTY HOSPITAL
220 Vi Tep 762 TRUST AND AGENCY
225 MISC GRANTS 766 DEFERRED COMPENSAT ION
240 HOST CITY FEES - CIP 781 CFO 90-1 DEBT SERVICE
247 Quimby In Lieu Fees 782 CFO 90-1 CONSTRUCT ION
248 PARK DEVELOPMENT FUND 850 Redeve lopment Obligation Retirement Fund 249 TRAFF IC IMPACT FUND 851 Successor Agency Administration 250 NEW FAC ILITIES DEVELOPMENT FEE 855 Hous ing Auth - RM PARK DEVELOPMENT 251 CIVIC CENTER DEVELOPMENT FEE 856 Housing Auth - RANCHO MED BOND PROCEEDS 252 FIRE FAC ILITY DEVELOPMENT FEE 857 LMI Asset Fund
253 POLICE FACILITY DEVELOPMENT FEE 864 Housing Auth - LOW/MOD BOND PROCEEDS 261 ASSET FORFEITURE 865 Housing Auth - RANCHO MED CHFA 326 AD 94-1 DEBT SERVICE 866 ECONOM IC DEVELOPMENT
332 1971 SEWER BONDS, A & C 867 Consolidation Proj_08 -09 350 PFA Debt Fund 870 Housing Auth - RM PARK OPERAT IONS 357 POB-Non Enterprise 871 Successor Agcy-RANCHO/M ILL PROJECT AREA 358 PENS ION OBLIGATION DEBT SERV ICE 872 Succe ssor Agcy-RANCHO/MILL DEBT SERV ICE 359 CORP YARD DEBT SERV ICE 873 Successor Agcy-RDA II PROJECT FUND 363 1978-2 ASSESSMENT DIST . 874 Housing Auth - LOW/MOD DEBT SERV ICE 364 WATER IMPRVMNT DIST A 875 Housing Auth - LOW/MOD BOND PROCEEDS 379 AD 1979-1 DEBT SERV ICE 876 Successor Agcy-SANTA ANA RIV BND PROCEED 427 AD 94-1 CONSTRUCT ION 877 Successor Agcy-SANTA ANA RIVER CIP 450 Capita l Improvement Project s 878 RDA FIXED ASSETS GROUP 451 Colton Crossing Fund 879 Successor Agcy-WEST VALLEY CIP 453 STREET IMPROVEMENTS PRGM 881 Successor Agcy-MT VERNON BOND PROCEEDS 457 CAP ITAL IMPROVEMENT 882 Successo r Agcy-MT VERNON CIP 469 EQU IPMENT REPLACEMENT 885 Successor Agcy -MT VERNON DEBT SERV ICE 520 ELECTR IC UTILITY 886 RDA ADM INISTRAT ION
521 WATER UTILITY 887 COOLEY RANCH - now 894
522 WAS TEWATER UTILITY 888 MT VERNON - now 882
523 SOLID WASTE 889 WEST VALLEY - now 879
524 CEMETERY 890 Successor Agcy-RDA - LONG TERM DEBT GRP 525 RECYCLING 891 Successo r Agcy-RDA I DEBT SERV ICE FUND 526 PUBLIC BENEFIT FUND 892 Successor Agcy-RDA I - CAP ITAL PROJECTS 527 WASTEWATER UTILITY - GRAND TERRACE 893 Successor Agcy -RDA II DEBT SERV ICE FUND 551 WATER DEVELOPMENT 894 Successor Agcy -COOLEY RANCH PRO JECT 552 SEWER DEVELOPMENT 895 Successor Agcy-COOLEY RANCH DEBT SERV 560 CEMETARY ENDOWMENT CARE 896 SANTA ANA RIVER - now 877 605 Facility & Equipment Maintenance Fund 897 Successor Agcy-SANTA ANA RIVER DEBT SVC 606 INFORMATION SERV ICES FUND 898 Housing Auth - LOW/MOD CAPITAL PROJECTS 607 INSURANCE FUND 899 Successor Agcy-WEST VALLEY PRJ - DBT SV 608 AUTOMOT IVE SHOP 941 GENERAL LONG -TERM DEBT
610 AUTOMOT IVE SHOPS 958 GENERAL FIXED ASSETS
990 GASB 34
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ITEM NO. 4
STAFF REPORT
DATE: MARCH 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE MS4 NPDES COMMON INTEREST, JOINT DEFENSE, AND CONFIDENTIALITY AGREEMENT AMONG PERMITTEES.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Staff recommends that City Council approve the MS4 NPDES Common Interest, Joint Defense, and Confidentiality Agreement among Permittees and authorize the City Manager to execute the Agreement.
BACKGROUND
The City of Colton is an entity identified to be regulated under a municipal stormwater permit expected to be adopted in 2022, the Municipal Separate Storm Sewer Sys tem Permit (the “2022 MS4 Permit”) by the California State Water Resources Control Board (“CSWRCB”). The MS4 National Pollutant Discharge Elimination System (“NPDES”) Permit expired by its terms on or about January 29, 2015, but has been subsequently exte nded administratively. The City of Colton has a common interest in addressing and negotiating the terms of the 2022 MS4 Permit.
To reduce costs and to more effectively represent its interest, the City of Colton desires to cooperate with neighboring jurisdictions in addressing the 2022 MS4 Permit issues.
ISSUES/ANALYSIS
The MS4 NPDES Common Interest, Joint Defense, and Confidentiality Agreement among Permittees is a proposed agreement by and between the San Bernardino County Flood Control District (SBCF CD), the “Principal Permittee” and the sixteen (16) adjacent neighboring cities and county known collectively as the “Co -Permittees”, including the City of Colton. The 4 Packet Pg. 92
Staff Report to the Mayor and City Council
Agreement - MS4 NPDES Common Interest Permittees
March 15, 2022
CSWRCB is planning to adopt a new “2022 MS4 Permit” which may affect the processes for stormwater regulation within the City. In anticipation of such new permit, Staff has been working collaboratively with the other permittees to best address the new permit’s proposed regulations. Additionally, Staff has worked with the City Attorney’s off ice to review the Agreement and obtain their concurrence.
FISCAL IMPACTS
Pursuant to the agreement, the City of Colton’s representative share of the San Bernardino County Areawide Stormwater Program budget for the MS4 NPDES Common Interest, Joint Defense, and Confidentiality Agreement for FY2022 -23 is 2.96%, or $33,332. The FY2022-23 amount was requested in the Stormwater Fund in the FY2022 -23 Budget in Account Number 722-6150-8215-2241-0000-000.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - FINAL Common Interest Agreement County District Co-Permittees (2022-01- 26)
2. Exhibit B - Budget Letter 2022-2023_20220112
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1 COMMON INTEREST, JOINT DEFENSE, AND
CONFIDENTIALITY AGREEMENT AMONG PERMITTEES
This Common Interest, Joint Defense, and Confidentiality Agreement (“Agreement”) effective on January 1, 2022 is entered into by and among San Bernardino County (“County”), the San Bernardino County Flood Control District (“District”), and the cities of Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa (“Cities”) (collectively the “Parties” or individually a “Party”).
RECITALS
A. The County, District, and Cities own and/or operate storm water and urban runoff conveyance systems, including flood control facilities, commonly referred to as municipal separate storm sewer systems or storm drains, through which storm water and urban runoff are discharged into waters of the United States that are located within the Santa Ana Regio n.
B. The District, as Permittee, and the Cities, as Co -Permittees (jointly “Permittees”), are subject to a National Pollutant Discharge Elimination System (“NPDES”) Permit and Waste Discharge Requirements, Order No. R8-2010-0036, NPDES No. CAS618036 (“Permit”).
C. The Santa Ana Regional Water Quality Control Board (“Regional Board”) issued the Permit on January 29, 2010 for a five -year term. The Permit designates the District as “Principal Permittee” under the Permit, and the District administers and coordinates many of the permit requirements on behalf of all the Permittees .
D. On June 28, 2011, the Parties entered into an Implementation Agreement to establish an integrated storm water management program (“Program”) that included development of a Management Committee to coordinate compliance, including establishing budgets, to set forth the duties of the Parties, to provide reimbursement to the District for administrative responsibilities, and to share costs to implement the Program . The Implementation Agreement, at tached hereto as Exhibit A, sets forth the percentage of costs that each Party agreed to contribute to implement the Program. The term of the Implementation Agreement coincides with the term of the Permit and expires six months after the Final Permit, as defined below, is approved.
E. To renew the Permit, the Permittees submitted a Report of Waste Discharge for renewal on August 1, 2014.
F. Though the Regional Board has not yet issued a renewal of the Permit, th e Permittees continue to implement and comply with the Permit.
G. The Parties believe that the Regional Board may be circulating a draft version of the new permit (“Draft Permit”) in approximately January 2022.
H. Each of the Parties has a shared common interest in proceedings related to the Draft Permit, including negotiating the terms of the Draft Permit with the Regional Board , participating in the administrative hearing to adopt the Draft Permit as the final permit (“Final Permit”), seeking administrative or judi cial review of any terms in the Final Permit that warrant reconsideration , defending any adverse future claims or actions related to the Final Permit , and addressing any and all types of legal challenges to the Draft or Final Permit (jointly “Permit Proceedings”). Each of the
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Attachment: Exhibit A - FINAL Common Interest Agreement County District Co-Permittees (2022-01-26) (3524 : Agreement - MS4 NPDES
2 Parties intends to appear in administrative hearings as well as any potential future actions related to the Draft or Final Permit to represent the common interests of the Parties as well as each Party ’s own separate interests, some of which may be unique. Such representation of separat e or unique interests is not inconsistent with the common interests of the Parties.
I. Nothing in this Agreement is meant or should be construed to affect a Party’s legal obligation to exercise its independent judgment as required by law concerning the Permit Proceedings.
J. Without admitting any individual or shared liability, and expressly denying same, the Parties here assert that it will best serve their common interests to coordinate their efforts and share certain privileged and confidential information, in order to respond effectively to and negotiate with the Regional Board as well as to address and/or defend claims during the Permit Proceedings by the Regional Board or any parties that become adverse parties. Such coordination of effort and sharing of information is not intended to waive and shall not waive any privilege or protection otherwise applicable.
K. By this Agreement, the Parties seek to establish a common interest group with respect to the Permit Proceedings, preserving to the fullest extent possible all applicable legal and evidentiary privileges, including the protections of the attorney-client privilege, the work product doctrine, the joint defense/common interest privilege, and the deliberative process and official information privileges.
L. The Parties and their respective legal counsel are referred to herein as “the Common Interest Group.”
M. The Parties intend for th is Agreement to allow for the inclusion of additional members of the Common Interest Group with the consent of all Parties.
N. The Parties intend for the scope of th is Agreement to include any later-filed related actions that raise or implicate similar interests of the Parties without the necessity of amending this Agreement.
TERMS AND CONDITIONS
Therefore, in consideration of the mutual promises contained and incorporated in the above Recitals in this Agreement, the Parties agree as follows:
1. Purpose. It is the purpose of this Agreement to memorialize the Parties’ intentions concerning the exchange of information during the Permit Proceedings , and to support a joint defense and/or common interest based upon the assertion by the Parties, or any Party, of the attorney-client privilege, work product doctrine, deliberative process and official information privileges, and any other privileges and protections that may apply to any Joint Defense Communications (as defined in Paragraph 3 below) that may be shared among members of the Common Interest Group. This Agreement addresses the flow, handling, security, and disclosure of documents, data, and oral and written information that are not produced pursuant to formal or informal discovery reque sts, and that may be exchanged by members of the Common Interest Group. It is the intention of the Parties that the exchange of Joint Defense Communications among the members of the Common Interest Group will not constitute a waiver of any privilege or protection, including without limitation the attorney -client privilege, the attorney work product
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3 doctrine, and the deliberative process and official information privileges. The Parties agree that any consultation between the Parties or among their counsel, and any exchange of work product or other Joint Defense Communications are in reliance on the Parties’ common interests, as described herein, and their intent to share information and cooperate in joint defense efforts without waiving any privilege or protection. In this regard, the Parties have agreed to provide reasonable cooperation in the execution of their respective duties under this Agreement. However, no obligation to share any documents, data or information is created by this Agreement.
2. Lawsuits. To the extent related to the Permit Proceedings, the Parties expressly state their intention to include in this Agreement any lawsuits related to adverse claims (other than a lawsuit by one Party or Parties against another Party or Parties), that have been or may be filed by or against any Party at any time during the pendency of this Agreement without the necessity of amending this Agreement.
3. Joint Defense Communications.
a. “Joint Defense Communication” means any documents, data, or information (including correspondence, reports, studies, memoranda of law and/or fact, factual material and summaries, mental impressions, transcripts, digests, and any other written material or oral information of any kind whatsoever) that relate to matters addressed by this Agreement that any Party receives from any other Party or its officers, partners, employees, agents, consultants, attorneys, representatives, or experts that would otherwise be protected from disclosure to third parties pursuant to applicable legal and evidentiary privileges, including the attorney-client privilege, work product doctrine, and/or the deliberative process and official information privileges. The Parties intend that all Joint Defense Communications shall remain privileged or protected when communicated to an y other Party or its elected officials, officers, partners, employees, agents, consultants, attorneys, representatives, or experts in accordance with the common purpose concepts in California Evidence Code § 912(d) and articulated in California Oak Foundation v. County of Tehama (2009) 174 Cal.App.4th 1217, Raytheon Co. v. Superior Court (1989) 208 Cal.App.3d 683, and Continental Oil Co. v. United States (9th Cir. 1964) 330 F.2d 347, and their progeny. Each of the Parties and counsel agree that all Joint Defense Communications they receive from any Party or its representative shall be treated and maintained by the receiving Party as privileged and confidential, and not disclosed to third parties, except as provided in this Agreement. b. Joint Defense Communications may be disclosed or transferred between any or all of the Parties orally or in writing and by any other appropriate means of communication. The Parties agree that all Joint Defense Communications shared pursuant to this Agreement shall be held in strict confidence by the Parties and by all persons to whom the Joint Defense Communications are disclosed and shall not be disseminated outside the Common Interest Group. All Joint Defense Communications received from Parties pursuant to this Agreement are subject to the joint defense and common interest privileges or protections and must be held in strict confidence by the receiving party and its counsel. The receiving party may disclose Joint Defense Communications only to its counsel, authorized representatives, and those of its board members, councilmembers, supervisors, directors, officers, employees, agents, independent contractors, consultants and retained experts who have a need to know. Each Party agrees that its independent contractors will agree to keep all Joint Defense Communications confidential in accordance with the terms of this Agreement before any Joint Defense Communications is provided to them. If a Party intends to disclose a Joint Defense
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Attachment: Exhibit A - FINAL Common Interest Agreement County District Co-Permittees (2022-01-26) (3524 : Agreement - MS4 NPDES
4 Communication only to certain members of the Common Interest Group, the disclosing Party shall specify the members who are entitled to review or receive that information or document. All Parties agree that they will not share or disclose such Joint Defense Communications to any Party or person who is not designated by the disclosing Party.
c. A Joint Defense Communication that is exchanged in written or document form and that is intended to be confidential shall be marked “Confidential: Privileged Communication” or with a similar heading indicating confidentiality. To the extent possible, the header or footer should further list all other privileges and protections that may be applicable to the particular Joint Defense Communication, including the attorney-client privilege, work product doctrine, and/or the deliberative process and official information privileges. However, failure to mark or identify a Joint Defense Communication as “Confidential: Privileged Communication” or a similar heading shall not constitute a waiver of any applicable legal or evidentiary privilege or protection that may apply.
d. Waiver of the joint defense and common interest privileges or protections are effective only when all Parties unanimously agree to the waiver. Any Party (the “Disclosing Party”) may, without permission from the other Parties , use, for the Disclosing Party’ s own purposes, any information that the Disclosing Party disclosed to and shared pursuant to this Agreement. e. Any Party who receives Joint Defense Communications shall not disclose such Joint Defense Communications or the information imparted thereby to any other third party without the express prior written consent of the other Parties. Any unauthorized disclosure of any Joint Defense Communication to any third party shall not constitute a waiver of any applicable privilege or protection. However, no provision in this Agreement shall be construed to limit the right of any Party to disclose any documents or information that such Party obtained through means other than a Joint Defense Communication.
f. Although documents and information that are not otherwise privileged will not gain the protection of any privilege by virtue of being a part of a Joint Defense Communication, each Party shall treat the information as privileged and confidential and shall not disclose to third parties the fact that any particular document or information was shared through a Joint Defense Communication.
4. Permitted Use of Joint Defense Communications . All of the Parties acknowledge and agree that cooperation in the shared purpose s and objectives necessarily involves the communication and sharing of confidential information and further agree that their interests are not currently adverse with regard to the subject of this Agreement. They further agree that all Joint Defense Communications received from any other Party shall be used exclusively in connection with the Permit Proceedings. Joint Defense Communications shall not be used or be admissible in any phase of any pre -litigation or litigation involving cross-claims or claims for contribution or indemnity between or among any of the Parties if such claims arise from or relate to adverse claims.
5. Permitted Disclosures. In the event that any Party receives a third-party request or demand for Joint Defense Communications received pursuant to this Agreement, by California Public Records Act (“CPRA”) request, subpoena, request for production or otherwise, the Party receiving such request or demand shall, prior to making such disclosure: (a) notify the Parties
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5 pursuant to the notice provision herein; and (b) assert and exercise diligence in supporting the joint defense and/or common interest doctrines and preserve any and all potentially applicable privileges or other protections from disclosure of the Joint Defense Communications, unless such privileges and protections have been knowingly waived by the Parties or Party who provided the Joint Defense Communications. Each Party shall take reasonable steps necessary to permit the assertion of all applicable rights and privileges with respect to any Joint Defense Communication and shall cooperate fully with all other Parties in any judicial proceeding relating to the disclosure of any Joint Defense Communications. However, the Parties understand and acknowledge that all Parties can still comply with their legal obligations under the CPRA and other document production statutes, if any, without breaching this Agreement, and no Party is required to seek a protective order or otherwise incur legal expense in efforts to oppose such a disclosure of a Joint Defense Communication.
6. Injunction to Prevent Improper Disclosure. The Parties agree that the unauthorized or improper disclosure of Joint Defense Communications to third parties not covered by this Agreement will result in irreparable harm to the Parties. In the event a Party or former Party believes that another Party or former Party is preparing to disclose Joint Defense Communications to third parties not covered by this Agreement, the Party or former Party objecting to such disclosure may seek an injunction to prevent the disclosure of such Joint Defense Communications. Each Party represents and warrants that it will not, in the future, assert that such an injunction is not necessary on the grounds that there is an adequate remedy at law.
7. Joint Consultants or Experts . The Parties agree that if a consultant or expert is jointly hired by the Common Interest Group, or retained by an individual Party for a matter on which a common interest exists with respect to the Permit Proceedings, that consultant or expert is covered by the joint defense and/or common interest doctrines and that privileges or protections applicable to the consultant or expert’s work product or to any Party’s communications with the consultant or expert shall not be waived by sharing such work product or communications with other Parties to this Agreement. The Parties agree not to seek disqualification of consultants or experts engaged by any other Party or Parties in connection with any future action based solely on the exchange of information pursuant to this Agreement.
8. Good Faith. Each Party agrees to exercise good faith and diligence to implement this Agreement and to maintain the confidentiality of discussions and exchanged Joint Defense Communications consistent with the purposes of this Agreement and the intent of the Party providing the information.
9. Independent Efforts. Nothing in this Agreement shall be construed to restrict the right of a Party to undertake separate investigative efforts or legal research in the defense of any action relating to the Permit Proceedings or any a dverse claims related to them. Any Party undertaking such separate efforts shall be free to disclose or use the results of the separate and independent efforts in any manner that Party desires, without the consent of the Parties or any other Party.
10. Withdrawal or Settlement . Any Party may withdraw from this Agreement by delivering written notice to all other Parties, in accordance with Section 13 of this Agreement .
Alternatively, one or more Parties may conclude their involvement in the Permit Proceedings by
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6 reason of settlem ent or otherwise. Any voluntary withdrawal or settlement does not relieve any Party’s obligation to continue to protect the confidentiality of all Joint Defense Communications, as though all Parties were still active in the Permit Proceedings. Such withdrawal or settlement shall be effective on the date that notice is deemed delivered to all Parties under the notice provision herein. Any Party withdrawing from this Agreement shall no longer have any right of access to any Joint Defense Communications after the date of withdrawal. The withdrawing Party shall either return or destroy all copies of Joint Defense Communications in its possession and shall certify in writing that all such materials have been returned or destroyed, as may be the case. All obligations under this Agreement shall continue to apply to the withdrawing and remaining Parties with respect to any Joint Defense Communications made to or by the withdrawing Parties prior to withdrawal.
11. Termination. This Agreement shall terminate upon the earlier of the following occurrences: (a) conclusion of all Permit Proceedings evidenced by a final judgment or settlement of administrative or judicial actions related to the Final Permit; (b) upon unanimous written consent to terminate among all then-current Parties; or (c) withdrawal from this Agreement by all of the Parties.
12. Survival of Obligations. Each Party agrees that all obligations herein, including the obligation to protect the confidentiality of Joint Defense Communications under this Agreement, shall survive the withdrawal from or termination of this Agreement, by settlement or otherwise, and shall remain binding on all Parties notwithstanding their withdrawal or the Agreement’s termination, even if the interests of the Parties later become adverse, and regardless of whether the joint defense and/or common interest doctrines become inapplicable with respect to later communications between the Parties.
13. Notices. Except for changes in contact information, all notices under this Agreement must be in writing and must be sent by e-mail to the addresses set forth in Appendix A or hand-delivered or sent by registered or certified mail, postage pre-paid, return receipt requested, or by FEDEX or other nationally recognized overnight delivery service to each Party. Any notice shall be deemed delivered five (5) business days after such mailing date, except that any notice hand-delivered or sent by e-mail or overnight delivery shall be deemed delivered one (1) business day after the dispatch date for overnight delivery service. Notices shall be addressed to each Party at the addresses shown for them in Appendix A , with a copy to i ts respective counsel of record .
Should the contact information for any Party change, then the Party shall provide written notification to all other Parties, either by e-mail or U.S. Mail within thirty (30) days of the change.
14. Engagement. Each Party agrees that it will not move to disqualify counsel from accepting future engagements unrelated to Permit Proceedings based solely upon counsel’s receipt of Joint Defense Communication. The Parties agree they will not seek to disqualify counsel from examining or cross-examining any Party who testifies at any proceeding, whether under a grant of immunity or otherwise, be cause of such attorney’s participation in this Joint Defense Agreement; and that such attorney may use any Joint Defense Communications provided by such Party while the Party was participating in this Agreement , but only consistent with the provisions of t his Agreement. Each undersigned counsel to this Agreement represents that he or she has specifically advised his or her respective client of this clause and that such client has agreed to its provisions.
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7 15. Entire Agreement. This Agreement sets forth the ent ire agreement of the Parties with respect to the subject matter contained herein, and no other terms are binding on the Parties.
16. Modifications. Any modification to this Agreement must be in writing and signed by all of the then-current Parties. This Section does not apply to changes in a Party’s contact information.
17. Remedies. The Parties expressly acknowledge and agree that no adequate remedy is available at law for a breach of this Agreement and that in addition to any other remedies available, performance of this Agreement may be specifically ordered and/or a breach hereof may be enjoined, or both.
18. No Admission of Liability or Responsibility . No recital, term, and/or provision in this Agreement shall be construed as an admission of liability or responsibility relating to the adverse claims by any Party.
19. Additional Parties . Additional parties and their counsel may be added to the Common Interest Group with prior written acceptance of such addition by all Parties, which may be provided by e -mail from counsel for the Parties. The addition of a new Party is effected by completion of the “Additional Party Signature Page,” attached hereto, and delivery of the completed signature page to all other Parties.
20. No Relationships Created . Nothing in this Agreement shall be construed to (a) create an attorney -client relationship between any Party and/or counsel to any other Party; (b) create any agency relationship among the Parties and/or their counsel, including a joint venture or partnership ; or (c) affect the separate and independent representation of each Party by its respective counsel according to what each such counsel believes to be in the client’s best interests.
Each Party is responsible for directing its respective counsel and, to the extent the research or work product of any Party’s counsel is disclosed to other Parties in furtherance of the Parties’ common interest, such disclosure shall not waive any privileges or protections that apply to the work product, and shall not entitle any Party to move to disqualify the other Party’s counsel due to the performance of such work or because of information obtained in the course of such work.
21. Reservation of Rights and Claims . Notwithstanding any provision of this Agreement, each Party reserves all c laims, causes of action, and any and all other rights it has or may have against any other Party, and the Parties do not intend or expect this Agreement to release or to waive those claims or rights.
22. Attorney’s Fees. Except by separate agreement, including but not limited to the Implementation Agreement, each Party shall be responsible for its own attorney’s fees related to this Agreement, any actions required under this Agreement, and actions during or related to the Permit Proceedings.
23. No Compensation. Except by separate agreement, including but not limited to the Implementation Agreement, no Party shall be entitled to any compensation, reimbursement or contribution from any other Party for the participation of its employees, officers, agents, or counsel in the Permit Proceedings.
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8 24. Jointly Drafted. The Parties agree that this Agreement was jointly drafted by each Party, and no inference or rule of construction shall be applied based on the assumption that any individual Party drafted any provision in this Agreement.
25. Counterparts and Signatures. The Parties agree that Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which together shall constitute one and the same instrument, and that a photocopy or facsimile may serve as an original.
If this Agreement is executed in counterparts, no signatory hereto shall be bound until both the parties have fully executed a counterpart of this Agreement. The Parties shall be entitled to sign and transmit an electroni c signature of this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Each Party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.
26. Severability. If any provision in this Agreement is deemed invalid or unenforceable, the balance of this Agreement shall remain effective and shall be enforced to the full extent permitted by law.
27. Authority. The undersigned individuals represent that they are authorized to execute this Agreement on behalf of their respective Parties.
28. Choice of Law. This Agreement will be interpreted in accordance with the laws of the State of California without regard to principles of conflicts of law; venue shall be San Bernardino County.
WHEREFORE, the Parties below have executed and entered into this Agreement as of the date indicated and within the jurisdiction noted.
SAN BERNARDINO COUNTY AND
SAN BERNARDINO COUNTY FLOOD
CONTROL DISTRICT
____________________________________
Tom Bunton
County Counsel
San Bernardino County and
San Bernardino County Flood Control District
Date: ______________________
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9 CITY OF BIG BEAR LAKE
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Approved as to Legal Form:
By:
Name:
Title:_______________________________
Date:_______________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date: ____________________________
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10 CITY OF CHINO
By: ________________________________
Name:______________________________
Title:_______________________________
Date:
Approved as to Legal Form:
By: _________________________________
Name:_______________________________
Title:________________________________
Date:
Attest:
By: _____________________________
Name:
Title:____________________________
Date:____________________________
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11 CITY OF CHINO HILLS
By:_________________________________
Name:
Title: _______________________________
Date: _______________________________
Approved as to Legal Form:
By:
Name:______________________________
Title:_______________________________
Date:_______________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date:_____________________________
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12 CITY OF COLTON
By: Bill R. Smith
Title: City Manager
Signature:
Date:
Attest:
By: Carolina R. Padilla
Title: City Clerk
Signature: ________________________
Date:_____________________________
Approved as to Legal Form:
By: Best Best & Krieger, LLP
Name: Marco Martinez
Title: City Attorney
Signature:
Date:
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13 CITY OF FONTANA
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Approved as to Legal Form:
By:
Name:______________________________
Title:_______________________________
Date:_______________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date:_____________________________
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14 CITY OF GRAND TERRACE
By: _________________________________
Name:
Title:________________________________
Date:________________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date:_____________________________
Approved as to Legal Form:
By: __________________________________
Name:________________________________
Title:
Date:_________________________________
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15 CITY OF HIGHLAND
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date:_____________________________
Approved as to Legal Form:
By: _________________________________
Name:_______________________________
Title:
Date:________________________________
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16 CITY OF LOMA LINDA
By:_________________________________
Name:
Title: _______________________________
Date: _______________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date:_____________________________
Approved as to Legal Form:
By: __________________________________
Name:________________________________
Title:
Date:_________________________________
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17 CITY OF MONTCLAIR
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Approved as to Legal Form:
By:
Name:______________________________
Title:_______________________________
Date:_______________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date: ____________________________
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18 CITY OF ONTARIO
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Approved as to Legal Form:
By:
Name:______________________________
Title:_______________________________
Date:_______________________________
Attest:
By:______________________________
Name:
Title: ____________________________
Date: ____________________________
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19 CITY OF RANCHO CUCAMONGA
By: ________________________________
Name:______________________________
Title:
Date:_______________________________
Approved as to Legal Form:
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Attest:
By:_____________________________
Name:
Title: ___________________________
Date: ___________________________
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20 CITY OF REDLANDS
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Attest:
By: _____________________________
Name:
Title:____________________________
Date:____________________________
Approved as to Legal Form:
By: ________________________________
Name:______________________________
Title:
Date:_______________________________
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21 CITY OF RIALTO
By:_______________________________
Name:
Title: _____________________________
Date: _____________________________
Approved as to Legal Form:
By:
Name:______________________________
Title:_______________________________
Date:_______________________________
Attest:
By: _____________________________
Name:
Title:____________________________
Date:____________________________
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22 CITY OF SAN BERNARDINO
By: ________________________________
Name:______________________________
Title:_______________________________
Date:_______________________________
Approved as to Legal Form:
By:________________________________
Name:
Title: ______________________________
Date: ______________________________
Attest:
By: _____________________________
Name:___________________________
Title:____________________________
Date:____________________________
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23 CITY OF UPLAND
By: ________________________________
Name:______________________________
Title:_______________________________
Date:_______________________________
Approved as to Legal Form:
By: ________________________________
Name:
Title:_______________________________
Date:_______________________________
Attest:
By: _____________________________
Name:___________________________
Title:____________________________
Date:____________________________
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24 CITY OF YUCAIPA
By: ________________________________
Name:______________________________
Title:_______________________________
Date:_______________________________
Approved as to Legal Form:
By:________________________________
Name:
Title: ______________________________
Date: ______________________________
Attest:
By: ___________________________
Name:_________________________
Title:__________________________
Date:__________________________
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25 ADDITIONAL PARTY SIGNATURE PAGE
WHEREFORE, the Party below has executed and entered into this Common Interest, Joint Defense, and Confidentiality Agreement as of the date indicated.
Date:______________________ By:____________________________________ Name:______________________________
Title:_______________________________
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PARTY CONTACT INFORMATION
Name and Address of Party and Counsel
Telephone and Facsimile
San Bernardino County
Jonathan Dillon, [email protected]
Elias Severo, [email protected]
825 East Third Street
San Bernardino, CA 92415
San Bernardino County Flood Control District
Arlene B. Chun, [email protected]
Anthony Pham, [email protected]
Chris Bland, [email protected]
825 East Third Street
San Bernardino, CA 92415
Meyers, Nave
Gregory J. Newmark, [email protected]
Viviana L. Heger, [email protected]
707 Wilshire Blvd., 24th Floor
Los Angeles, CA 90017
San Bernardino County Counsel
Sophie Akins, [email protected]
385 North Arrowhead Avenue, 4 th Floor
San Bernardino, CA 92415
(909) 387-8109
(909) 387-8109
(909) 387-0305 facsimile
(909) 387-8109
(909) 387-8109
(909) 387-8109
(909) 387-0305 facsimile
(213) 626-2906
(213) 626-0215 facsimile
(909) 387-5001
City of Big Bear Lake
Lynn Merrill, [email protected]
P.O. Box 10000
Big Bear Lake, CA 92315
[insert City Attorney]
(951) 217-1201 (mobile)
[insert ] facsimile
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2 Name and Address of Party and Counsel
Telephone and Facsimile
City of Chino
Ruben Valdez, [email protected]
Nathan Marlinski, [email protected]
13220 Central Ave.
Chino, CA 91710
[insert City Attorney]
(909) 334-3423
(909) 334-3345
(909) 334-3724 facsimile
City of Chino Hills
Nisha Wells, [email protected]
Andy Zummo, [email protected]
14000 City Center Drive
Chino Hills, CA 91709
[insert City Attorney]
(909) 364-2835
(909) 364-2792
[insert ] facsimile
City of Colton
Moises Peralta, [email protected]
Tanya Garcia, [email protected]
160 S. 10th Street
Colton, CA 92324
Best Best & Krieger, LLP
Marco Martinez
City Attorney
(909) 370-5065
(909) 370-5065
(909) 370-6104 facsimile
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3 City of Fontana
Abigail Gomez, [email protected]
Edwin Alonzo, [email protected]
8353 Sierra Ave.
Fontana, CA 92335
[insert City Attorney]
(909) 350-6772
(909) 428-8819
[insert ] facsimile
City of Grand Terrace
Lynn Merrill, [email protected]
Robert Eisenbeisz, reisenbeisz@grandterrace -ca.gov
22795 Barton Road
Grand Terrace, CA 92314
[insert City Attorney]
(951) 217-1201 (mobile)
(909) 824-6621, ext. 251
[insert ] facsimile
City of Highland
Melissa Morgan, [email protected]
Carlos Florez, [email protected]
27215 East Base Line
Highland, CA 92346
[insert City Attorney]
(909) 864-8732 x230
(909) 864-6861 x271
(909) 862-3180 facsimile
City of Loma Linda
T. Jarb Thaipejr, [email protected]
Jeff Peterson, [email protected]
25541 Barton Road
Loma Linda, CA 92354
[insert City Attorney]
(909) 799-4407
(909) 799-4407
(909) 799-2891 facsimile
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4 City of Montclair
Steve Stanton, [email protected]
Samantha Conteras, [email protected]
P.O. Box 2308
Montclair, CA 91763
[insert City Attorney]
(909) 625-9444
(909) 625-9447
[insert ] facsimile
City of Ontario
Alicia Espinoza, [email protected]
Nathan Pino, [email protected]
Raymond Lee, [email protected]
303 East B Street
Ontario, CA 91764
[insert City Attorney]
(909) 395-2188
(909) 395-2389
(909) 395-2104
(909) 395-2122 facsimile
City of Rancho Cucamonga
Linda Ceballos, [email protected]
Scott Rapp, [email protected]
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
[insert City Attorney]
(909) 774-4060
(909) 774-4064
(909) 477-2746 facsimile
City of Redlands
Aaron Ares, [email protected]
P.O. Box 3005
Redlands, CA 92373
[insert City Attorney]
(909) 798-7597 x5
(909) 798-7670 facsimile
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5 City of Rialto
Melanie Sotelo, [email protected]
Joe Rosales, [email protected]
Office: 1470 East Cooley Drive, Colton, CA 92324
City: 355 West Rialto Avenue, Rialto, CA 92376
[insert City Attorney]
(909) 835-0313 (mobile)
(909) 241-6212 (mobile)
[insert ] facsimile
City of San Bernardino
Ken Watson, [email protected]
Susan Pan, [email protected]
290 North “D” Street
San Bernardino, CA 92410
[insert City Attorney]
(909) 384-5154
(909) 384-5225
(909) 384-5080 facsimile
City of Upland
Nicole deMoet, [email protected]
Julian Chang, [email protected]
P.O. Box 460
406 N. Euclid Ave.
Upland, CA 91785
[insert City Attorney]
(909) 291-2970
(909) 291-2941
(909) 291-2774 facsimile
City of Yucaipa
Katrina Kunkel, [email protected]
Fermin Preciado, [email protected]
34272 Yucaipa Blvd.
Yucaipa, CA 92399
[insert City Attorney]
(909) 797-2489 x255
(909) 797-2489 x240
(909) 790-9203 facsimile
5050303.1
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4.b
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Attachment: Exhibit B - Budget Letter 2022-2023_20220112 (3524 : Agreement - MS4 NPDES Common Interest Permittees)
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ITEM NO. 5
STAFF REPORT
DATE: MARCH 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE AND ADOPT RESOLUTION R-21-22, AWARD OF CONTRACT TO CALPROMAX ENGINEERING, INC. FOR HSIP
FUNDED CROSSWALKS IMPROVEMENT PROJECT IN THE
AMOUNT OF $308,300, RESOLUTION NO. R-21-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Authorize the award of a construction contract for the Highway Safety Improvement Program (HSIP) Crosswalks Improvement Project - HSIPL-5065(029) to CalProMax Engineering, Inc., as the lowest responsive and responsible bid der for $308,300 and authorize the City Manager to execute the contract agreement; and
2. Approve Resolution R -21-22 amending the Fiscal Year 2021 -22 Capital Improvement Program budget for the Project.
BACKGROUND
On December 27, 2018, the City received approval from Caltrans to fund improvement s for thirteen (13) crosswalks for $249,800. This project is one of the 221 approved for funding in the State by the F ederally-funded Highway Safety Improvement Program ( HSIP) Cycle 9. The scope of the projects include installation of push button operated solar rapid rectangul ar flashing beacon (RRFB), crosswalk signs, ADA ramps and crosswalk restriping. The project plan is attached as Exhibit A. The crosswalks that will be improved are located on the following streets:
1. Four crosswalks along Rancho Ave in the vicinity of Colton HS
2. One crosswalk along Rancho Ave between Louise St. and Mill St. 5 Packet Pg. 133
Staff Report to the Mayor and City Council
Contract Award - CalProMax Engineering Inc.
March 15, 2022
3. One crosswalk along C Ct. at 2nd St. intersection
4. Two crosswalks along Johnson St. in the vicinity of McKinney ES
5. Two crosswalks along Laurel St. in the vicinity of Colton Middle School
6. Two crosswalks along Bordwell Ave. and Olive St. in the vicinity of Lincoln ES
7. One crosswalk along O St. in the vicinity of Wilson ES
ISSUES/ANALYSIS
In accordance with Colton Municipal Code Section 3.08. 090, a request for Notice Inviting Formal Bids was sent for publication on August 20, 2021 and August 27, 2021. The sealed bid opening took place on October 30, 2021 at 3:00 P.M. in the City Hall Conference Room. The sealed bids received are as follows:
Contractor’s Name Bid Amount
1. CalProMax Engineering, Inc. $308,300.00
2. California Professional Engineering, Inc. $312,711.00
3. Elecnor Belco Electric, Inc. $336,832.00
4. TSR Construction and Inspection, Inc. $341,100.00
5. LC Paving $418,037.15
6. PTM General Engineering, Inc. $482,858.00
Staff evaluated and reviewed each submitted bid. Staff recommends award of a construction contract (Exhibit B) to CalProMax Engineering, Inc. as the lowest responsive and responsible bidder with a bid of $308,300.
The HSIP available funding balance for t he construction phase of this project is $224,260.77.
Approval of Resolution R -21-22 (Exhibit C) will allocate the additional funding needed for this project of $110,675.91 (Traffic Impact Fee). Upon approval of the resolution, the total construction fund ing for the Project is $334,936.68. This total includes 5% contingencies and
3.6% construction engineering/management. City staff requested additional HSIP funding from Caltrans, but the request was denied because the project did not me et the Benefit Cost Ratio (BCR) analysis to qualify for project with federal HSIP funding of more than $250,000.
FISCAL IMPACTS
Approval of Resolution R -21-22 will amend the FY2021 -22 budget to appropriate $110,675.91 from the Traffic Impact Fund reserve balance in Capital Improvement Account Number 249 - 2025-6150-3890-0000-000 for the HSIP-Various Crosswalks Improvement Project. Below is the proposed breakdown of the project funding:
Funding Source Account No. Construction Phase
Funding Balance
5 Packet Pg. 134
Staff Report to the Mayor and City Council
Contract Award - CalProMax Engineering Inc.
March 15, 2022
HSIP Grant Funding 225-2025-6150-3890-0000-000 $224,260.77 Traffic Impact Fund 249-2025-6150-3890-0000-000 $110,675.91 Total $334,936.68
ENVIRONMENTAL IMPACTS
Documents for the California Environmental Quality Act (CEQA) and the National Environmental Quality Acts (NEPA) were prepared as part of the Preliminary Engineering phase for this Project. The Project is Categorically Exempt (no significant impacts) for both CEQA and NEPA.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - Project Plans
2. Exhibit B- CalProMax Construction Contract
3. Exhibit C- Resolution to Increase Funding
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3/15/21
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Attachment: Exhibit A - Project Plans (3530 : Contract Award - CalProMax Engineering Inc.)
RANCHO AVENUE
RANCHO AVENUE
SCALE:
180' 60'060'120'
1" = 60'
PUBLIC WORKS DEPARTMENT
SHEET OF
FY 17 - 18
ASPHALT PAVING PROJECT
1322-1
RANCHO AVENUE
DISPOSITION NOTES: CONSTRUCTION NOTES:
WEST "
H" ST.
WEST "
G" ST.
WEST "F" ST.
WEST "E" ST.
WEST VALLEY BLVD.
PEDESTRIAN SAFETY
IMPROVEMENT PLAN
1234
AHEAD
AHEAD
1 PROPOSED IMPROVEMENT:
PEDESTRIAN CROSSWALK
21 2
3/15/21
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"C" STREET
SCALE:
180' 60'060'120'
1" = 60'
PUBLIC WORKS DEPARTMENT
SHEET OF
FY 17 - 18
ASPHALT PAVING PROJECT
1322-1
"C" STREET
DISPOSITION NOTES: CONSTRUCTION NOTES:
NORTH LYNDON DR.
NORTH 2nd ST.
PEDESTRIAN SAFETY
IMPROVEMENT PLAN
5 NORTH 2nd ST.
NORTH LYNDON DR.
NORTH
NORTH 2nd ST.
2nd ST.
AHEAD
1 PROPOSED IMPROVEMENT:
AHEAD
PEDESTRIAN CROSSWALK
21 3
3/15/21
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Attachment: Exhibit A - Project Plans (3530 : Contract Award - CalProMax Engineering Inc.) SCALE:
180' 60'060'120'
1" = 60'
PUBLIC WORKS DEPARTMENT
SHEET OF
FY 17 - 18
ASPHALT PAVING PROJECT
1322-1
WEST LAUREL STREET
DISPOSITION NOTES: CONSTRUCTION NOTES:
7 6
PEDESTRIAN SAFETY
IMPROVEMENT PLAN
WEST LAUREL STREET
RANCHO AVENUE RANCHO AVENUE
WEST LAUREL STREET
AHEAD
1 PROPOSED IMPROVEMENT:
AHEAD
AHEAD
PEDESTRIAN CROSSWALK
21 4
3/15/21
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MILL STREET
MILL STREET
SCALE:
180' 60'060'120'
1" = 60'
PUBLIC WORKS DEPARTMENT
SHEET OF
FY 17 - 18
ASPHALT PAVING PROJECT
1322-1
RANCHO AVENUE
DISPOSITION NOTES: CONSTRUCTION NOTES:
8 WEST MILL ST.
RANCHO AVENUE
WEST MILL ST.
RANCHO AVENUE
PEDESTRIAN SAFETY
IMPROVEMENT PLAN
AHEAD
1 PROPOSED IMPROVEMENT:
AHEAD
PEDESTRIAN CROSSWALK
21 5
3/15/21
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Attachment: Exhibit A - Project Plans (3530 : Contract Award - CalProMax Engineering Inc.) JOHNSTON ST.
JOHNSTON ST.
JOHNSTON ST.
JOHNSTON ST.
N TERRACE AVE.
SCALE:
180' 60'060'120'
1" = 60'
PUBLIC WORKS DEPARTMENT
SHEET OF
FY 17 - 18
ASPHALT PAVING PROJECT
1322-1
WEST JONSTON STREET
DISPOSITION NOTES: CONSTRUCTION NOTES:
10 9
JOHNSTON STREET
JERYL AVE.
N. ROBERTA CT.
N. ROBERTA CT.
SERRANO CT.
TERRACE AVE.
EVELYN CIR.
JOHNSTON STREET
N TERRACE AVE.
JERYL AVE.
N. ROBERTA CT.
N. ROBERTA CT.
SERRANO CT.
TERRACE AVE.
EVELYN CIR.
PEDESTRIAN SAFETY
IMPROVEMENT PLAN
AHEAD
1 PROPOSED IMPROVEMENT:
AHEAD
AHEAD
PEDESTRIAN CROSSWALK
21 6
3/15/21
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11b
3/15/21
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Attachment: Exhibit A - Project Plans (3530 : Contract Award - CalProMax Engineering Inc.) 8TH ST
W "O" STREET
S 9TH ST
SCALE:
180' 60'060'120'
1" = 60'
PUBLIC WORKS DEPARTMENT
SHEET OF
FY 17 - 18
ASPHALT PAVING PROJECT
1322-1
"O" STREET
DISPOSITION NOTES: CONSTRUCTION NOTES:
LA CADENA AVE.
PEDESTRIAN SAFETY
IMPROVEMENT PLAN
AHEAD
1 PROPOSED IMPROVEMENT:
AHEAD AHEAD
1213
PEDESTRIAN CROSSWALK
21 12: Is not part of
part of this project.
Has been completed.
3/15/21
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Attachment: Exhibit A - Project Plans (3530 : Contract Award - CalProMax Engineering Inc.)
CONSTRUCTION CONTRACT
THIS CONTRACT is made this 16th day of March 2022, in the County of San Bernardino, State of California, by and between the City of Colton, hereinafter called City, and CalProMax Engineering, Inc., hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:
ARTICLE 1. SCOPE OF WORK . The Contractor shall perform all Work within the time stipulated the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:
HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) CROSSWALK
IMPROVEMENT PROJECT - HSIPL-5065(026)
The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within One Hundred Eighty (180) Working Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE . The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Three Hundred Eight Thousand Three Hundred Dollars and No Cents ($308,300.00) .
Payment shall be made as set forth in the General Conditions.
ARTICLE 4. LIQUIDATED DAMAGES . In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $850.00 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Contractor's Bid Forms
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
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Designation of Subcontractors
Information Required of Bidders
Non-Collusion Affidavit form
Contract
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Provisions (or Special Conditions)
Technical Specifications
Greenbook Standard Specifications (Sections 1-9 Excluded) Addenda
Plans and Contract Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract
The Contactor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.
ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at Public Works Department or may be obtained online at http// www.dir.ca.gov/dlsr. and which must be posted at the job site. If the Work involves federal funds or otherwise requires compliance with the Davis - Bacon Fair Labor Standards Act, the Contractor and all its subcontractors shall comply with the higher of the state or federal prevailing wage rates.
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
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Attachment: Exhibit B- CalProMax Construction Contract (3530 : Contract Award - CalProMax Engineering Inc.)
CITY OF COLTON
By:
Signature
Name
Title
Attest:
City Clerk
Recommended By:
Signature
Name
Title
CALPROMAX ENGINEERING, INC.
By:
Signature
Name
Title
License Number
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RESOLUTION NO. R-21-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLT ON AMENDING THE FISCAL YEAR 2021-22 CAPITAL IMPROVEMENT BUDGET.
WHEREAS, the City intends to support the City’s goal to improve the City’s traffic safety and infrastructure; and
WHEREAS, the City of Colton received Highway Safety Improvement Program (HSIP) funding through Caltrans for the HSIP-Various Crosswalks Improvement Project; and WHEREAS, the City of Colton needs to allocate additional funding in the amount of $110,675.91 to complete the project and will be provided thru Local Traffic Impact Fee; and WHEREAS, a budget appropriation not listed in the Fiscal Year 2021-22 budget is required and must be approved by resolution of the City Council.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1 The Recitals preceding in this Resolution are true and correct and are incorporated into this Resolution by reference.
Section 2 The City Council authorizes the following amendment to the FY2021-22 adopted budget:
Appropriate $110,675.91 from reserve balance to Traffic Impact Fund Capital Improvement Account Number 249-2025-6150-3890-0000-000 for the HSIP- Various Crosswalks Improvement Project.
PASSED, APPROVED AND ADOPTED THIS 15th DAY OF MARCH 2022.
___________________________________
FRANK J. NAVARRO, MAYOR
ATTEST:
__________________________________
CAROLINA R. PADILLA, CITY CLERK
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Attachment: Exhibit C- Resolution to Increase Funding [Revision 1] (3530 : Contract Award - CalProMax Engineering Inc.)
ITEM NO. 6
STAFF REPORT
DATE: MARCH 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE AND ADOPT RESOLUTION NO. R-14-22 TO RATIFY AN
EMERGENCY CONTRACT FOR LINE AND GRID
INFRASTRUCTURE REPAIRS ADJACENT TO MT. VERNON AND
M STREET, RESOLUTION NO. R-14-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Ratify an emergency contract with Dive rsified Utility Services, Inc . to repair lines and grid infrastructure adjacent to Mt Vernon and M Street under Colton Municipal Code §3.08.130(a).
BACKGROUND
On January 12 th, 2022, at approximately 2:10 pm, the Century Substation tripped offline due to the likely cause of either an SCE 115 kV Transmission line arcing , or a tree fire. This closed all circuits connected to the Century Substation, or the entire Southeast wing of the City. The nature of this outage created a major explosion and subsequent fire as well as a power line whiplash in the area of the outage. The result of these events caused major damage to Colton’s interconnecting 66 kV line and pole infrastructure. The damage to this line area span s across Transmission lines and critical dist ribution lines. Colton’s line crews do not have the capability to make the repairs to these higher voltage lines due to lack of equipment needed and manpower.
This repair work is critical to the safety and grid stability of the Century Substation area. Below is a map of the area and lines/poles/infrastructure in need of repair:
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Staff Report to the Mayor and City Council
Contract Award - Diversified Utility Services Inc.
March 15, 2022
The City Manager declared an emergency in accordance with Colton Municipal Code Section
3.08.130(a) to complete the necessary repair work. As defined in the Code, the City Man ager has the authority “ to declare a public Emergency and take any directly related and immediate action required by the Emergency, up to a total of one hundred thousand dollars, pursuant to Section 22035 of the Act and California Public Contract Code Sect ion 22050. ” Further, the Code outlines that subject emergency work under the City Manager’s authority may be performed “without the benefit of competitive bidding, either formal or informal, only so long as necessary under those sections.”
ISSUES/ANALYSIS
Public Works and Utility Services staff conducted a consolidated internal competitive process (not formal or informal) to remain in the spirit of competitive bidding. In order to mimic a competitive process, staff sent the request to five qualified con tractors and two responded.
Below is a summary of the offers:
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Staff Report to the Mayor and City Council
Contract Award - Diversified Utility Services Inc.
March 15, 2022
Throughout this internal request, field staff confirmed that each job quote offer met the needed work to repair the area. Furthermore, staff negotiated terms favorable to the City and has informed each respondent that the City’s Terms and Conditions will be req uired for an approved contract.
As such and in treating this process as a typical competitive process, Diversified Utility Services was selected to complete the repairs as permitted under Section 3.08.130(a). Diversified’s quote provided outage duration and cost impacts that are expected to be the least impact to the City.
As required by the Code , “ For Projects of more than fifty thousand dollars, a report on the Emergency and wor k performed Shall be provided at the next regular meeting of the City Council, and then at every meeting thereafter required by Section 22050. At such meetings, the City Council Shall determine, by a four -fifths vote, that there is a need to continue the action without the benefit of informal or formal competitive bidding in accordance with Section 22035 of the Act and California Public Contract Code Section 22050. The City Council Shall terminate the Emergency action at the earliest possible date that co nditions warrant, so that the remainder of the Emergency action May be completed pursuant to a Formal Bidding Procedure. ” The goal is to complete all work before summer if materials can arrive within 2-4 weeks.
The City will file a claim for damages with Southern California Edison to request reimbursement of costs.
FISCAL IMPACTS
The City expects to expend no more than $91,174 in total costs related the repairs to lines and grid infrastructure adjacent to Mt Vernon and M Street. Sufficient appropriations are available in the adopted FY2021-22 budget in Electric Utility Fund Professional Services Account Number 520-8000-8004-2350-0923-000. The work will be performed as described and if Colton internal staff can procure any of the parts in a quicker manner, the quotation provides a breakdown of that difference.
Any damages received from Southern California Edison will be returned to the Electric Utility Fund to reimburse for the additional costs.
ALTERNATIVES
Provide alternative direction to Staff.
ATTACHMENT
1. City of Colton Scope Letter 2.28.2022 Diversified
2. Resolution R-14-22 approve emergency repairs on M Street 3.15.2022 6 Packet Pg. 179
3105 Unicorn Road, Bakersfield, CA 93308 • P.O. Box 80417, Bakersfield CA 93380 • Phone (661) 325-3212 Fax (661) 325-3340 • Email: [email protected]
DIVERSIFIED
UTILITY SERVICES, INC.
February 28, 2022 ( Submittal via email)
Solomon Magturo
Electric Utility Department
City of Colton
909-370-5178
[email protected]
RE: Mt Vernon & M Street Transmission Lines repair
Dear Mr. Magturo:
We appreciate the opportunity to bid this project, after conducting a site visit, and based on limited RFP documents, we have prepared pricing to perform the Mt Vernon & M Street Transmission Lines repair. We are providing you with the attached estimate for the defined scopes of work on the project as per the scope breakdown sheet:
Including material procured and supplied by Diversified Utility Services, Inc.:
Ninety-One Thousand, One Hundred Seventy-Four Dollars even ($ 91,174.00)
Optional price if material procured and supplied by City of Colton to site:
Seventy-Nine Thousand, Three Hundred Eighty-Two Dollars even ($ 79,382.00)
Diversified Utility Services, Inc. is pleased to inform you that we are an approved SCE vendor and our construction workforce consists of union labor personnel from the International Brotherhood of Electrical Workers (IBEW Local 47). We are also certified by the Supplier Clearinghouse as a Minority Business Enterprise (MBE) issued under VON Id 97LS0012.
This proposal is based upon a mutually accepted subcontract between City of Colton (Contractor) and Diversified Utility Services, Inc. (Subcontractor). This proposal shall be valid for 30 days after receipt.
Payment terms are 30 Days from submitted date and zero retention to be withheld.
Should you have any questions or concerns, please feel free to contact us.
Respectfully,
Cody Anderson
Director Contract Administration
Diversified Utility Services, Inc.
[email protected]
Office 661.325.3212
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Attachment: City of Colton Scope Letter 2.28.2022 Diversified (3503 : Contract Award - Diversified Utility Services Inc.)
3105 Unicorn Road, Bakersfield, CA 93308 • P.O. Box 80417, Bakersfield CA 93380 • Phone (661) 325-3212 Fax (661) 325-3340 • Email: [email protected]
DIVERSIFIED
UTILITY SERVICES, INC.
City of Colton
Mt Vernon & M Street Transmission Lines repair
Scope Breakdown Sheet
Dated 2-16-2022
Bidding Qualifications:
Working time is portal to portal during off peak hrs or during the weekend. Includes drive time to and from site for (1) day.
Work to be scheduled once material is delivered.
Material to be provided by others.
All work is to be performed near de-energized lines, City of Colton to provide trouble man for switching. Wages and benefits per IBEW Local 47 labor agreement. Non-Prevailing Wage. Bid Bond Not Included.
Testing and commissioning of any type is excluded.
Any Traffic Control is included as required for our scope of work only, Permitting if required will be passed through Cost +10%
(1) Mobilization and Demobilization included, Additional Mob./Demob. would be T&E. Project is bid with T&E Billing, Net 30 Payment Terms with Zero retention withheld. Pricing is based on use of DUSI Field Contract.
Project Specific Exclusions:
Any scope of work not defined above.
Connection of any other utilities to poles.
Permitting / Environmental / Licensing and Fees.
Concrete or Asphalt Repairs or Patch back.
Delays due to outside sources will be charged at a T&E standby rate. Damages to existing utilities.
SCOPE QUANTITY PRICE
Provide Equipment, Material, and Manpower to complete work descried as:
Install (3 Conductor) 3 spans 636 kcmil wire from Pole 5158F to 4644F (approx. 1800’). Remove and replace damaged 636 kcmil west of structure 5158F. Replace damaged pistol grip shoe at 5158F and top arm on pole 5159F. We will need the parallel transmission circuit de energized. We will also need to reroute east bound lanes on E M St. from S. Mt. Vernon Ave. Cover will need to be installed on distribution crossings on 2-City of Colton and 1- SCE circuits and circuits put on a no test status at pole 4644F. This scope is based on information shared from City of Colton.
Lump Sum
$91,174.00
Outage Time anticipated to be 4 Hrs. with switching and coordination by City of Colton Material Lead Time 2-3 weeks utilizing or-equal substitutions for long lead time materials.
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23152.06020\32617662.1
RESOLUTION NO. R-14-22
RATIFY EMERGENCY CONTRACT WITH DIVERSIFIED UTILITY
SERVICES, INC. FOR THE AMOUNT NOT TO EXCEED $91,174.00 IN
ACCORDANCE WITH COLTON MUNICIPAL CODE SECTION
3.08.130(A) FOR EMERGENCY REPAIRS AS DESCRIBED IN CODE
SECTION 22050
WHEREAS, on January 12th, 2021 Century Substation Transformer sub tripped offline due line arcing; and
WHEREAS, the critical infrastructure is in need of emergency repair as soon as possible to mitigate outage and safety risks that increase during the summery months; and WHEREAS, Colton Municipal Code (CMC) Section 3.08.130(a) gives the City Manager the authority “to declare a public Emergency and take any directly related and immediate action required by the Emergency, up to a total of one hundred thousand dollars.” WHEREAS, the City Manager declared an emergency in accordance with CMC Section
3.08.130(a) for the repairs to lines and grid infrastructure adjacent to Mt Vernon and M Street.
WHEREAS, staff conducted a consolidated internal competitive process (not formal or informal) to remain in the spirit of competitive bidding, and selected an offer for less than one hundred thousand dollars; and
WHEREAS, in compliance with the requirements in the City’s Municipal Code, Section
3.08.130, City Council must ratify the approved emergency repair work around the Mt. Vernon and M Street area without a formal bid process.
NOW, THEREFORE, BE IT RESOLVED, that the Colton City Council hereby and authorizes the ratification of the emergency repair work contract to be performed by Diversified Utility Services, Inc. in the amount not to exceed $91,174.
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23152.06020\32617662.1 - 2 -
PASSED, APPROVED and ADOPTED by the City Council of the City of Colton at a regular meeting of said Council held on the 15th of March, 2022, by the following vote:
City of Colton
FRANK J. NAVARRO, Mayor
ATTEST:
CAROLINA R. PADILLA, City Clerk
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Attachment: Resolution R-14-22 approve emergency repairs on M Street 3.15.2022 (3503 : Contract Award - Diversified Utility Services Inc.)
ITEM NO. 7
STAFF REPORT
DATE: MARCH 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TOM CODY, HUMAN RESOURCES DIRECTOR
SUBJECT: AMEND CONTRACT TO GOVERNMENTJOBS.COM, INC. (DBA
NEOGOV) FOR APPLICANT TRACKING, ONBOARDING,
PERFORMANCE, BACKGROUND INTEGRATION, EFORMS, AND
LEARN SYSTEM MODULES.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Amend the professional services contract to include eForms and Learn Subscr iption to GovernmentJobs.com, Inc. (dba NEOGOV);
2. Authorize the City Manager to execute the amended professional services agreement for an additional amount of $23,867.50, for a total contract amount for FY2021-22 not-to- exceed $58,115.00.
3. Authorize the City Manager to extend their contract annually.
BACKGROUND
On May 1, 2018, the City approved a $42,576 Applicant Tracking, Onboarding, and Perform System Module Contract with GovernmentJobs.com, Inc. (dba NEOGOV) to assist the City with a new applicant tr acking system, automate the recruitment and selection process, and automate the entire hiring lifecycle. These modules have significantly enhanced the Human Resources Department recruiting efforts, and made the hiring process of new employees more efficien t. An additional module was included to conduct background checks as part of the Onboard hiring process through AssureHire.
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Staff Report to the Mayor and City Council
Contract Amendment - GovernmentJobs.com, Inc. (dba NEOGOV) March 15, 2022
The Perform platform is used to conduct employee performance evaluations and has been implemented for a few years. As we move forw ard going paperless, supervisors are able to generate online goal orientated performance evaluations and core competencies for each classification. The process allows us to track and respond faster to help reduce overdue performance reviews. The COVID -19 Pandemic changed many processes for in -person sessions and meetings. The use of on -line platforms to conduct business is the safest approach. The “new norm” has allowed Human Resources to look for other resources of contactless approaches of conducting training and handling of personnel information.
NEOGOV has become the leader in online workforce management in the public sector. They have added additional platforms for more streamline d processes from hiring to separation, to performance and training. The City has purchased the Insight platform, which is part of the automated recruitment module. Also included as part of the new hire and background process is AssureHire integration system, which conducts backgrounds on candidates ’ previous work history, educ ation, and criminal history. Once a candidate becomes a city employee they are uploaded into the Onboard and Perform platforms. The Onboard platform allows the newly hired employee to fill out employment forms, health enrollment forms, and review policies. These forms are kept in a software based environment, in which paper waste is reduced by not having to print each piece of paper an employee completes. Simultaneously the newly hired employee are added to the Perform module and uploaded to their respectiv e supervisors. The Perform platform allows management to provide timely performance evaluations to staff, and also reduces paper waste.
With the additional platform of eForms, employees are able to complete additional personnel forms without the need of receiving paper forms and reduce the handling of confidential information. NEOGOV’s Learn management system promotes employee training with an easy - to-use system for HR, department managers, and employees. Learn eliminates the administrative burden of mana ging multiple employee training programs by providing a centralized online platform designed for the specific needs of the public sector. The Human Resources Department continues to administer the NEOGOV system.
ISSUES/ANALYSIS
Funds for eForms and Lear n subscriptions were approved in the FY2021 -22 budget, and the NEOGOV contract needs to be amended for these purposes. NEOGOV’s eForms platform will allow contactless HR processes and reduce paper waste. The Learn subscription will be developed into a cit ywide training system for employees in multiple subjects and fields. These forms and training materials will be available to all staff any time of the day and any day of the week to make changes to their personal information, submit buy back requests, prov ide a centralized location to help train employees in their specific area and other human resource processes. These processes will help continue to keep employees safe from contracting COVID - 19 in a safe, secure environment.
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Contract Amendment - GovernmentJobs.com, Inc. (dba NEOGOV) March 15, 2022
Staff proposes to renew the co ntract annually , at the discretion of the City, for all of these services.
FISCAL IMPACTS
Sufficient appropriations for the $23,867.50 contract amendment are available in the adopted FY2021-22 budget in General Fund Human Resources Software/Licensing/Sup port Account Number 100-6030-6030-2315-0000-000.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Attachment Cover 1 - NeoGOV
2. Attachment Cover 2 - NeoGOV
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ITEM NO. 8
STAFF REPORT
DATE: MARCH 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE AND ADOPT RESOLUTION R-22-22, AWARD OF
PROFESSIONAL SERVICE AGREEMENT TO KPFF CONSULTING
ENGINEERS FOR THE AGUA MANSA ROAD BRIDGE
REPLACEMENT AND WIDENING PROJECT, RESOLUTION NO. R-
22-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve the award of a Professional Services contract to KPFF Consulting Engineers in the amount of $273,503 for the preparation of 35% design, and preliminary environmental and right of way documents for the Agua Mansa Road Bridge Replacement and Widening Project (Project) and authorize the City Manager to execute the contract agreement; and
2. Approve Resolution R -22-22 amending the Fiscal Year 2021 -22 Capital Improvement Program budget for the Project.
BACKGROUND
Agua Mansa Road Bridge Replacement and Widening Project is located along Agua Mansa Road in the City of Colton, 1.3 miles west of Rancho Avenue, 0.30 miles north of Santa Ana River. The project scope of work includes widening and/or replacement of the existing bridge/culvert over Rialto channel to accommodate a f our-lane road, Class II bike lanes and sidewalks on both sides of the road. Rialto Channel is owned and maintained by the San Bernardino County Flood Control District (SBCFCD). The project is located close to the habitat of federally listed endangered spec ies Santa Ana sucker fish and Delhi Fly habitat (see attached map as Exhibit A).
8 Packet Pg. 223
Staff Report to the Mayor and City Council
Contract Award - KPFF Consulting Engineers
March 15, 2022
ISSUES/ANALYSIS
On September 3, 2021, City staff issued the Request for Proposal (RFP) for the preparation of environmental documents, engineering design and right of way su pport for the Agua Mansa Road Bridge Replacement and Widening Project. The RFP was advertised on September 3, 2021 and September 10 , 2021. The deadline for the RFP submittal wa s September 30, 20 21, but the City did not receive any submittals on the RFP. The scope of work consists of preliminary design (35% and 65%) and estimate, preliminary environmental studies, right of way needs and permits, and project’s final PS&E.
On October 29, 2021, City staff reissued the Request for Proposal (RFP) for the prepar ation of environmental documents, engineering design and right of way support for the Agua Mansa Road Bridge Replacement and Widening Project. The RFP was advertised on October 29, 2021 and November 5, 2021. The deadline for the RFP submittal wa s November 23, 2021. This time, the City received one proposal and it was from KPFF Consulting Engineers (KPFF).
City staff reviewed the KPFF proposal. They have qualified staff with bridge design experience and have completed several bridge projects in the cities o f Los Angeles, San Diego, La Verne, Hesperia, Placentia and Santa Barbara. KPFF cost proposal is as follows:
Phase Fee
Project Management $48,380
Civil $36,600
Structural $42,800
Survey/R.O.W $17,900
Preliminary Environmental $21,760
Hydrology $46,965
Traffic $19,000
Geotechnical $16,996
Cost Estimation $ 8,102
Reimbursable Cost $15,000
TOTAL $273,503
The scope of work consist s of preliminary design (35%), and preliminary estimate, environmental studies and right of w ay. It is estimated that this task will be completed in eighteen (18) months. Contract for final design and environmental document will be awarded once the required technical studies are identified. Below is the anti cipated schedule of the Project.
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Staff Report to the Mayor and City Council
Contract Award - KPFF Consulting Engineers
March 15, 2022
FISCAL IMPACTS
In December 2018, the Agua Mansa Road Bridge Replacement and Widening Project received Fair Share fee contribution from a development project for $280,840. Approval of Resolution R- 22-22 will amend the FY2021 -22 budget to appropriate $280,840 in Traffic Impact Fee Capital Improvement Account 249-1816-6150-3890-0000-000.
ENVIRONMENTAL IMPACTS
Preparation of documents for the California Environmental Quality Act (CEQA) and the National Environmental Quality Acts (NEPA) is part of the Prelimi nary Engineering Phase for this Project.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A- Project Map
2. Exhibit B -KPFF PSA_Contract
3. Exhibit C- Resolution to Increase Funding
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Attachment: Exhibit A- Project Map (3532 : Contract Award - KPFF Consulting Engineers) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-1
CITY OF COLTON
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 16th day of March 2021, by and between the City of Colton, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 650 North La Cadena Drive, Colton, California 92324 ("City") and KPFF Consulting Engineers, a corporation, with its principal place of business at 700 South Flower Street, Suit e 2100, Los Angeles , CA 9 0017 ("Cons ultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assum e responsibility for the provision of certain professional consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing engineering, design and environmental consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional engineering design and environmental services for the Agua Mansa Road Bridge Replacement and Widening Project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional engineering design and environmental consulting services for the Agua Mansa Road Bridge Replacement and Widening Project ("Project "). The scope of services are mor e particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from May 1, 2022 to December 31, 2023, unless earlier terminated as provided herein. Consultant shall complete the Project within the term of this Agreement, and shall meet any other established schedules and deadlines.
The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Consultant or under its supervision. Consultant will determine the
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Attachment: Exhibit B -KPFF PSA_Contract (3532 : Contract Award - KPFF Consulting Engineers) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-2
means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disabil ity insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements . All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel . Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Rodrigo Toro, PE, SE, Associate/Project Manager.
3.2.5 City's Representative . The City hereby designates Brian Dickinson , or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept dir ection or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby Rodrigo Toro, P E, SE, Associate/Project Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full
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Attachment: Exhibit B -KPFF PSA_Contract (3532 : Contract Award - KPFF Consulting Engineers) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-3
authority to represent and act on behalf of the Consultant for all purposes under this Agreement.
The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represent s and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re -employed to perform any of the Services or to work on the Project.
3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.2.10 Laws and Regulations ; Employee/Labor Certification . Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, includi ng all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Consultant . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state
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Attachment: Exhibit B -KPFF PSA_Contract (3532 : Contract Award - KPFF Consulting Engineers) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-4
and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.
Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agr eement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.
3.2.10.2 Employment Eligibility; Subc ontractors, Consultants, Sub- subcontractors and Subconsultants . To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub- subcontractors or subconsultants to meet any of the requirements provided for in Sections
3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section
3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.2.10.4 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related progr ams or guidelines currently in effect or hereinafter enacted.
3.2.10.5 Air Quality . To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel - powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable
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Attachment: Exhibit B -KPFF PSA_Contract (3532 : Contract Award - KPFF Consulting Engineers) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-5
laws, rules and/or regulations by Consultant, its sub-consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, c onfined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Insurance.
Time for Compliance . Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this Section.
3.2.11.2 Minimum Requirements. Consultant shall , at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, repr esentatives, employees or subconsultants.
Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance . Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability :
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance . Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability
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limits $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may w ithhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.
3.2.11.3 Professional Liability . Consultant shall procure and maintain, and require its sub- consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. Defense costs shall be paid in addition to the limits.
3.2.11.4 Insurance Endorsements . The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and completed operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self -insurance shall be called upon to protect it as a named insured. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the mini mum limits set forth in Section
3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(A).
(B) Automobile Liability . The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage
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excess of the Consultant’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.
Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B). (C) Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages . Each i nsurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.
3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special li mitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own ri ght of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.2.11.6 Deductibles and Self-Insurance Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
3.2.11.7 Subconsultant Insurance Requirements. Consultant shall not allow any subconsultants to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.
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3.2.11.8 Acceptability of Insurers . Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.
3.2.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.2.11.10 Reporting of Claims. Consultant shall report to the City, in addition to Consul tant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.2.12 Water Quality Management and Compliance.
3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at var ious times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.
3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Co nsultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
3.2.12.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations an d policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
3.2.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.14.2 of this Agreement is a violation of federal and state law.
Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in
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connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs assoc iated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred Seventy Three Thousand Five Hundred Three Dollars and No Cents ($273,503.00) without written approval of the City Council or City Manager as applicable.
Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation . Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall giv e written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work . At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California
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Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of pe r diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require 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 agrees to comply with such provisions before commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection . Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
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3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination . City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective dat e thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compens ation. Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination . If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: KPFF Consulting Engineers
700 South Flower Street, Suite 2100
Los Angeles, CA 90017
Attn: Aaron Reynolds, SE, Managing Principal
City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
Attn: Brian Dickinson, PW/Utility Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall
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be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re- use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone appr oved by the Consultant.
3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any
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purposes other than the performance of the Services. N or shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the relat ed industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or o ther similar medium without the prior written consent of City.
3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Inf ormation.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.6.4 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.5 Indemnification.
3.6.5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, offic ers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by C onsultant, the City, its officials, officers, employees, agents, or volunteers.
3.6.5.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the
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parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.6.7 Governing Law; Government Code Claim Compliance . This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.
In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against t he City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.9 City's Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.
3.6.10 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.
3.6.11 Assignment or Transfer . Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
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3.6.15 No Third -Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Econo mic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.18 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6.20 Federal Provisions. When funding for the Services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit “A -1” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control
3.7 Subcontracting.
3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON NEXT PAGE]
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Attachment: Exhibit B -KPFF PSA_Contract (3532 : Contract Award - KPFF Consulting Engineers) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-16
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND KPFF CONSULTING ENGINEERS
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 16th day of March 2022.
CITY OF COLTON KPFF Consulting Engineers
A Corporation
By: ____________________________ By: _________________________ William R. Smith Name:
City Manager Title:
Attest:
____ By: _________________________
City Clerk Name:
Title:
Approved as to Form:
______________________________
Best Best & Krieger LLP
City Attorney
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Attachment: Exhibit B -KPFF PSA_Contract (3532 : Contract Award - KPFF Consulting Engineers) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-17
EXHIBIT "A"
SCOPE OF WORK
The scope of work will consist of the preparation of preliminary design 35%PS&E documents that includes the following (per revised proposal dated January 21, 2021):
1. Project Management including budgeting, cost accounting, scheduling, progress reporting, formation of Project Development Team (PDT) and overall contract administration with the City.
Preparation of project schedule, monthly progress reports and invoices.
2. Perform a topographic and property boundary survey as needed including aerial mapping.
3. Identify right-of way requirement by identifying parcels necessary for the project. Right of way requirements recommendations will be provided for consideration of permanent easements, temporary construction easements, slope easements, and staging areas as part of the 35%PS&E deliverables and will be further refined and discussed in the next phases of the project.
4. Prepare Type, Size and Location report for bridge design alternatives. The report will include recommendations for environmental studies to be performed during the 65%PS&E phase.
5. Prepare preliminary civil and structural 35% design plans and specifications.
6. Prepare Floodplain/Hydraulic Study memo.
7. Obtain SBCFCD channel as-builts, hydrology data and Storm Drain Master Plan data.
8. Create hydraulic modeling for existing and proposed conditions.
9. Prepare scour analysis and riprap conceptual design.
10. Prepare preliminary hydraulics report.
11. Prepare preliminary geotechnical report based on existing available data. Field investigation will be performed under 65%PS&E.
12. Prepare preliminary signing & stripping design plans.
13. Prepare Transportation Impact Assessment, Impact Assessment and Mitigation Measures.
14. Environmental investigations will be performed under 65%PS&E. As part of the 35%PS&E drawing development, KPFF will identify the key studies to be performed and the proposed approach for them once the preferred bridge alternative has been selected. KPFF proposes to do the Biological Resources survey in spring of 2022 in order to not delay the study to 2023.
15. Prepare preliminary cost estimate (including estimated right of way cost) based on the 35% drawings.
16. Prepare a Water Quality Management Plan in compliance with the latest San Bernardino County NPDES permit requirements
17. Research and obtain record copies of utility maps from each utility owner within the project limits for existing and/or proposed utility facilities.
18. Provide copies of all correspondence with utility companies and other utility related information to the City of Colton as part of the project development approach.
19. Prepare preliminary utility plans, which shall include all existing utilities (above ground and below ground) identified by location, size, type, and owner, as appropriate. In addition to information provided by the owning utility companies and research of other record maps, visual field surveys shall be used to locate utility features such as manholes, valves, fire hydrants, poles, risers, etc., which shall be reflected on the plans.
20. Additional utility survey in the form of GPR mapping and locating and potholing will be performed under 65% PS&E, as needed, based on utility conflicts determined during the review of as-built data in the 35% PS&&E phase. Preliminary utility plan shall indicate potential utility conflicts and pending action items to be addressed in the future phase of the project.
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Attachment: Exhibit B -KPFF PSA_Contract (3532 : Contract Award - KPFF Consulting Engineers) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-18
21. Initiation of utility coordination meetings, as needed, with utility owning companies to establish scope of work and schedule with respect to adjustments and relocations to resolve potential conflict issues.
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Attachment: Exhibit B -KPFF PSA_Contract (3532 : Contract Award - KPFF Consulting Engineers) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-19
EXHIBIT "A-I"
FEDERALLY REQUIRED PROVISIONS FOR SERVICES
No Federal Funding for this Project
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Attachment: Exhibit B -KPFF PSA_Contract (3532 : Contract Award - KPFF Consulting Engineers) (BB&K 2018)
23152.06000\30453088.2 Exhibit “B”-1
EXHIBIT "B"
SCHEDULE OF SERVICES
May 1, 2022 to December 31, 2023, a detailed schedule will be submitted upon issuance of Notice to Proceed
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Attachment: Exhibit B -KPFF PSA_Contract (3532 : Contract Award - KPFF Consulting Engineers) (BB&K 2018)
23152.06000\30453088.2 Exhibit “C”-1
EXHIBIT "C"
COMPENSATION
Not to Exceed Amount of $273,503
(Cost Breakdown with Unit Rate on the following page)
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Attachment: Exhibit B -KPFF PSA_Contract (3532 : Contract Award - KPFF Consulting Engineers)
GPA RIVER FOCUS FEHR & PEERS EMI (SBE) LENAX (SBE)
PM CIVIL STRUCTURAL SURVEY/R.O.W ENVIRONMENTAL HYDROLOGY TRAFFIC GEOTECHNICAL COST ESTIMATION Task 1 - Project Management 31,980$ - $ - $ - $ 5,620$ 3,494 $ 4,840 $ - $ - $ Task 2 - Environmental Studies 8,200$ - $ - $ - $ 16,140$ 3,690 $ 12,040 $ - $ - $ Task 3 - 35% PS&E 8,200$ 36,600 $ 42,800 $ 17,900 $ - $ 39,781$ 2,120 $ 16,996 $ 8,102 $ 1 SUBTOTAL 48,380$ 36,600 $ 42,800 $ 17,900 $ 21,760 $ 46,965 $ 19,000 $ 16,996 $ 8,102 $ 2 Reimbursable Expenses $15,000 - - - - - - - -
TOTAL ( 1 + 2 ) 63,380$ 36,600 $ 42,800 $ 17,900 $ 21,760 $ 46,965 $ 19,000 $ 16,996 $ 8,102 $ SUBTOTAL PHASE 1 258,503$
SUBTOTAL PHASE 1 - REIMBURSABLE EXPENSES 15,000$
TOTAL PHASE 1 273,503$
Agua Mansa Road Bridge - 01/21/2022
Phase 1 - 35% Plans
KPFF
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Attachment: Exhibit B -KPFF PSA_Contract (3532 : Contract Award - KPFF Consulting Engineers) (BB&K 2018)
23152.06000\30453088.2 Exhibit “B”-2
HOURLY RATE SCHEDULE
2022
PRINCIPAL-IN-CHARGE ............................................ $275.00
SENIOR PROJECT MANAGER ................................... $225.00
PROJECT MANAGER ................................................. $205.00
PROJECT ENGINEER ................................................. $170.00
DESIGN ENGINEER ................................................... $155.00
LEAD MODELER ....................................................... $180.00
MODELER ................................................................. $155.00
ADMINISTRATIVE/SECRETARY ................................. $105.00
Note: Hourly rates will be updated on an annual basis throughout the duration of the project, and services will be billed at the hourly rates in place at the time the service is provided.
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Attachment: Exhibit B -KPFF PSA_Contract (3532 : Contract Award - KPFF Consulting Engineers)
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RESOLUTION NO. R-22-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLT ON AMENDING THE FISCAL YEAR 2021/2022 CAPITAL IMPROVEMENT BUDGET.
WHEREAS, the City intends to support the City’s goal to improve the City’s traffic safety and infrastructure; and
WHEREAS, the City of Colton received Traffic Impact fee and Fair Share contribution from developers that can be used to fund transportation improvement projects; and WHEREAS, the City of Colton needs to allocate the funding received from a development project as Fair Share Fee for the Agua Mansa Road Bridge Replacement and Widening Project in the amount of $280,840; and
WHEREAS, a budget appropriation not listed in the Fiscal Year 2021/2022 budget is required and must be approved by resolution of the City Council.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1 The Recitals preceding in this Resolution are true and correct and are incorporated into this Resolution by reference.
Section 2 The City Council authorizes the following amendment for the FY2021-22 budget:
Appropriate $280,840 from reserve balance in Traffic Impact Fund Capital Improvement Account Number 249-1816-6150-3890-0000-000 for the Agua Mansa Road Bridge Replacement and Widening Project.
PASSED, APPROVED AND ADOPTED THIS 15th DAY OF MARCH 2022.
___________________________________
FRANK J. NAVARRO, MAYOR
ATTEST:
__________________________________
CAROLINA R. PADILLA, CITY CLERK
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Attachment: Exhibit C- Resolution to Increase Funding (3532 : Contract Award - KPFF Consulting Engineers)
ITEM NO. 9
STAFF REPORT
DATE: MARCH 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE ADDITIONAL EMERGENCY WORK REQUEST WITH
HITACHI ENERGY USA FOR REPAIR WORK AT CENTURY
SUBSTATION, RESOLUTION R-24-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Staff recommends that the City Council take the following action:
1. Amend the existing r epair service agreement with Hitachi Energy USA for the Century Substation Transformer No. 2 in order to include the additional repairs and cost in accordance with Colton Municipal Code §3.08.130.
2. Authorize the City Manager to execute contract documents.
BACKGROUND
On October 19, 2021, Resolution No. R -114-21 was approved by the City Council to amend previous Resolution No. R -110-21. Resolution No. R -114-21 authorized the amended purchase order and the additional emergency repairs of the Transformer No . 2 at the Century Substation by Hitachi Energy USA (Hitachi) in the amount not to exceed $165,240. On February 7, 2022, Hitachi initiated the repair of the Load Tap Changer (LTC) for Century Substation Transformer No. 2. After the completion of the LTC repair, preliminary testing revealed a higher than acceptable dew point test of 2.6% on 2/12/22. The industry upper limit for an aged transformer is 1%. The recommended vacuum drying was applied, and the moisture content was retested on 2/15/22. It show ed an improvement to 2.25%. On February 15, 2022, Hitachi recommended to continue applying vacuum to lower the moisture content. Hitachi submitted a revision (OPP -21- 9 Packet Pg. 251
Staff Report to the Mayor and City Council
Emergency Work - Hitachi Energy USA at Century Substation March 15, 2022
6646263 REV 2) to the original scope of work on 2/16/2022, identifying the additional scope and cost. The revision included the additional time required for LTC assembly, revised LTC material/part cost, additional rental fees of generator and boom lift, and the vacuum dry out for moisture content mediation.
On February 17, 2022, the submi ssion of Interoffice Memorandum for the additional emergency work request was completed. The vacuum drying continued through the weekend, and on 2/22/22, the moisture content tested at 0.93%. The vacuum resumed for the minimum of 8 hours before the refilling process could begin. On 2/23/22, oil refilling of the transformer began. After the completion of the oil filling, electrical testing of the transformer began. All test results were acceptable. On February 25, 2022, Century Substation Transformer No. 2 was energized. The transformer remained energized with no load for the rest of the weekend. On February 28, 2022, Century Substation Transformer No. 2 returned to normal service, carrying the loads of Washington 12kV, Barton 12kV, and Mojave 12kV circuits.
ISSUES/ANALYSIS
The repair work from Hitachi on Century Substation Transformer No. 2 identified unacceptable moisture content that needed immediate solutions to prolong the integrity of the equipment. The immediate solution of applying additional periods of vacuum required increase d cost. Hitachi recommended a dry out be performed using vacuum only, for a duration of approximately 48 - hours. This is a recommended duration; it is impossible to predict the duration of a dry out. Any additional drying beyond the stated 48 -hours will be performed for an additional cost, on time and material basis. Time and material basis includes labor, generator rental, generator fuel, and equipment charges, per the published Hitachi rate sheet. The labor for this s ervice also includes delays incurred on February 14 and 15, when short -duration dry out attempts were performed and initial dew point tests were performed, which is work performed outside of the previously quoted work scope. There were additional cost s included in the Hitachi revision (OPP -21- 6646263 REV 3). The actual time required to perform scope was greater than the quoted duration. Multiple issues occurred during the execution which extended the duration. In the time frame that Hitachi initially qu oted the City of Colton the rebuild of the LTC (quoted September 9, 2021) and when final approval and issuing of purchase order for the services (January 11, 2022), the cost of the LTC hardware had risen dramatically from the supplier. The Hitachi service quotation is only valid for 30 -days, and the span of time was over 120 days, so a change order for the increase in the cost of parts is required. Hitachi had both a rental boom lift and rental generator set at the site las t September for two (2) weeks, w hile they waited for the City of Colton to issue a purchase order for the LTC services. As stated above, the purchase order was issue d over 120 days. This rental equipment was returned September 16, 2021 and was re-rented in February of 2022 after the purchase order was issued. Therefore an a dditional two (2) weeks of rental for both the boom lift and generator was required.
9 Packet Pg. 252
Staff Report to the Mayor and City Council
Emergency Work - Hitachi Energy USA at Century Substation March 15, 2022
The additional scope and cost were required to fully restore Century Substation Transformer No. 2 into the system. This adds $87,775 to the originally approved $165,240 for a total repair cost of $253,015, where $53,250 has already been paid.
The City Manager declared an emergency existed and authorized the original emergency repairs to Transformer No. 2 without a customary bid ding process. On August 24, 2021, in accordance with Colton Municipal Code, Section 3.08.130(a), the City entered into an agreement with Hitachi to perform the emergency repairs. Furthermore, on September 7th, Council approved and ratified an emergency con tract with Hitachi. After initial commencement of work, Hitachi maintenance and repair crews determined that the original scope of work was not sufficient to bring the transformer to a stable and reliable condition. City staff has worked with Hitachi to fully determine that this amended repair agreement is best to provide the path to a stable return to service on Transformer No. 2.
In compliance with the requirements of the Public Contract Code and the City’s Municipal Code, Sections 3.08.060(h), City staf f respectfully requests that the City Council amend the agreement and ratify approval of the emergency repair of Transformer No. 2 at the Century Substation by Hitachi. This repair work will create a more stable system in the area and reduce outage risks related to the repaired equipment for the rest of the year. Any other necessary work will be identified after repairs are complete.
FISCAL IMPACTS
Sufficient appropriations for the $253,015 (including the original $165,240 - - $53,250 already paid) contract are available in the FY 2021/22 adopted budget, in Electric Fund, Substation Division, Capital Improvement, Account Number 520-8003-3890-0107-000 for the contractor to weld and repair the hole in the radiator and perform additional work to dry out the transformer.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. OPP-21-6646263-Quote Letter - REV 3
2. Resolution R-24-22 amend ABB Emergency Repairs to Transformer No. 2 3.15.2022 9 Packet Pg. 253
Offer Number: OPP-21-6646263 Rev 3
Date: 9/9/2021, 2/16/2022, 3/4/2022
TO: Justin Clifton – City of Colton
CC: Chris Roche, Rodger Falvey
Subject: Replacement of oil seals in the LTC
McGraw Edison 20MVA 66-12kV step down
Table of Contents
SECTION 1 — Scope of work
SECTION 2 — Pricing
SECTION 3 — Customer Responsibilities
SECTION 4 — Comments & Clarifications
SECTION 5 — Performance
SECTION 6 — Terms and Conditions
EXHIBIT A — Rate Sheet 1ZUL9520-001
EXHIBIT B — Terms and Conditions
The Value of Hitachi ABB Power Grids (HAPG) Transformer Service HAPG Transformer Service is the worldwide leader in the design, manufacture, and service of power transformers. With unparalleled resources, HAPG’s transformer field service organization is supported by a network of research and development facilities, field service engineers, transformer design experts, and material scientists able to meet the strictest standards in terms of timeliness, quality, and technical requirements allowing our customers to enhance their efforts, resources, and manpower.
Our skilled, professional workforce separates us from the competition. The personnel employed by the HAPG Transformer Service organization have an average work experience in excess of 25 years in the power transformer industry. These skilled craftsmen, most with extensive experience in transformer manufacturing facilities, service hundreds of transformers annually.
These transformers range from 500kVA to 1000MVA+ with voltages from 480V to 765kV, including all types of distribution and power transformers, in addition to HVDC converter transformers, phase-shifting transformers, rectifier transformers, as well as arc furnace, network distribution, and other industrial transformers.
Hitachi ABB Power Grids
Business Unit Transformers
ABB Enterprise Software Inc.
Transformer Service
A Hitachi ABB Joint Venture
Phone: +1 (800) 290-5290
Confidentiality Notice:
This document contains privileged and confidential information belonging to the sender. The information is intended only of the use of the individual or entity sent to name above. If you are not the intended recipient or addressee, you are notified that any disclosure, copying, distribution or taking any action based on the contents of this information is strictly prohibited. If you have received this document in error, please immediately notify the sender by telephone to arrange for return of the original documents.
.
.
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Attachment: OPP-21-6646263-Quote Letter - REV 3 (3531 : Emergency Work - Hitachi Energy USA at Century Substation) SECTION 1- SCOPE OF WORK
ITEM 10:
Provide up to three (3) Transformer Technicians, tools, generator set, forklift truck, oil storage tote tanks, dry air, and supplies.
Disassemble LTC mechanism and remove terminal board located between main tank and LTC compartment.
Provide new oil seals, associated hardware, and gasket for terminal board perimeter for one (1) McGraw Edison LTC mechanism Model 550CS. Provide gaskets for LTC doors.
Visually inspect all components prior to reassembly of LTC mechanism. All parts shall be reused, except for oil seals provided by HAPG. Advise Customer if any damaged or worn components are discovered. Such replacement parts are not included in this offering.
Reassemble LTC mechanism using new seals associated with the main terminal board.
Operate LTC mechanism to confirm proper operation.
Item 20:
Provide the following new parts. All parts to be installed at the same time the LTC is being serviced to install new oil seals.
1. Main and Reversing Contact Kit
2. Phase Panel Insulating Kit Stand-Offs, Collars and Tubes All existing parts, not listed above, shall be reused.
Item 30:
The actual time required to perform Item 10 was greater than the quoted duration. Multiple issues occurred during the execution which extended the duration. All time beyond what was initially quoted for Item 10 is reflected in Item 30, firm price.
Item 40:
In the time frame that Hitachi Energy initially quoted the Customer the rebuild of the LTC (quoted September 9, 2021) and when the Customer finally approved the work and issued the PO for these services (January 11, 2022), the cost of the LTC hardware had risen dramatically from our supplier. This was likely due to inflation. Since the Hitachi Energy service quotation to the Customer is only valid for 30-days, and the span of time was over 120 days, a change order for the increase in the cost of parts is required. Item 40 reflects the increase in costs and Hitachi Energy standard markup, firm price.
Item 50:
Hitachi Energy had both a rental boom lift and a rental generator set at site last September for two (2) weeks, while we waited for the Customer to issue a PO for LTC services. As stated above, the PO from the Customer was not issued to Hitachi until over 120 days later. This rental equipment was returned September 16 and was re-rented in February of 2022 after a PO from the Customer was received. Item 50 represents two (2) weeks of rental for both the boom lift and generator, firm price.
Item 60:
The transformer insulation was determined to be wet, likely as a result of being kept without oil for over three (3) months.
Additional drying was performed by Hitachi Energy to remove sufficient moisture from the insulation and reduce the average moisture content to below the 1% maximum limit recommended by the transformer industry.
Item 70:
Investigate Low Oil in LTC, Gen-Set, Forklift, Boom Lift Rental, Top-Off Oil. This description and associated price were submitted to the City of Colton via a letter from Nick Elder, Proposal Engineer, Hitachi Energy, on October 13, 2021. Approved by City of Colton Council on October 19, 2021. The City included this item on their Purchase Order dated January 11, 2022, PO# 22023073/005. Hitachi Energy is including this item in this quotation as a means of having it stated on an official quotation and not just a letter.
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Attachment: OPP-21-6646263-Quote Letter - REV 3 (3531 : Emergency Work - Hitachi Energy USA at Century Substation) SECTION 2- PRICING
Item Qty Description Execution
Year
Unit Price
(USD)
10 1 LTC leak repair 2021 $49,210.00
20 1 Provide Replacement Contacts
(During execution of LTC seal replacement) 2021 $33,530.00 30 1 Additional time required for LTC assembly 2022 $13,820.00 40 1 Revised LTC material/parts cost 2022 $1,493.00
50 1 Rental fees of generator and boom lift 2022 $5,772.00 60 1 Vacuum dry out 2022 $66,690.00
70 1
Investigate Low Oil in LTC, Gen-Set, Forklift, Boom Lift Rental, Top-Off Oil. Approved by City of Colton Council on October 19, 2021.
2021 $29,250.00
Prices are based on the performance of the work scope outlined in SECTION 1 only. Any change in scope of work, additional materials, and/or customer-imposed delays that are not identified in SECTION 1 would be invoiced per HAPG Field Service Rate Schedule, 1ZUL9520-001, dated March 2020, at time of execution.
SECTION 3- CUSTOMER RESPONSIBILITIES
Prior to HAPG arriving at site, isolate all bushings from the power system. Disconnect all lines, bus and flexible links terminating on all bushings so as to allow HAPG to perform the quoted work. Provide clearances from HAPG work areas to nearby live electrical lines/equipment as mandated by OSHA and other agency requirements. Remove all sources of AC and DC control and alarm power. As deemed necessary by HAPG, remove sections of bus duct and associated transition compartments so as to allow HAPG to perform the quoted work scope. As necessary, short all CT secondary leads. Apply suitable grounds to all lines and bus. Apply “Lock-Out Tag-Out” techniques as necessary to insure a safe environment for HAPG personnel. Isolate and apply LOTO as required to the deluge system. An isolation valve shall be closed and locked, to assure no water flow from the deluge system due to accidental operation. As necessary, disassemble deluge system prior to HAPG arriving at site, so as to allow HAPG to perform the specified work scope. Reconnect deluge system after completion of HAPG work scope. HAPG’s offering does not include any services to the deluge system. As deemed necessary by HAPG, provide, and install equipment grounding conductors of adequate size to the HAPG oil processing trailer, cranes, booms, tankers, etc. Restore transformer and site to original condition after HAPG has completed work operations. "Tenting and warming" of the transformer for dew point tests in very cold weather are excluded from this offering unless explicitly stated elsewhere in this proposal. As applicable, provide support to HAPG crews at night, including adequate lighting, etc. As deemed appropriate by HAPG, allow HAPG to enter the transformer as necessary by treating specific internal work areas as a non-permit confined space, thus not requiring a confined space rescue team to be at site during these work times.
A report of PCB concentration and DGA (dissolved combustible gas in oil) must be provided to HAPG at the time the Customer’s PO for services is provided to HAPG and at least one week prior to the start of any work operations. This proposal is based on the oil having a PCB content of “non-detectable” (0ppm) and unless otherwise stated, the proposal is based low levels (maximum concentration per Condition 2 of IEEE C57.104, Table 1) of combustible gas being present in the main tank and LTC oil. The Customer will incur additional costs if any oil has a detectable PCB content. In the event the PCB concentration is detectable or if the combustible gas concentration is deemed excessive, HAPG reserves the right to decline any or all portions of the work quoted. The PCB laboratory report must be dated within (90) days from the start of work being performed by HAPG. The DGA laboratory report must be dated after any failure or no older than 30-days from the date of the transformer service is to be performed.
Dispose of all waste (liquid and solid) generated by HAPG during all onsite work operations. If necessary, provide waste containers for HAPG's use. Both open-top and closed-top 55-gallon drums are recommended for waste disposal.
Provide power: 120V, 20A, 1-phase, within 20ft of transformer.
Provide a qualified safety person at site for all quoted work activity. If HAPG is performing work on a 24-hour per day basis or a 7-day per week basis, appropriate customer-provided safety personnel must be provided to night-time work and weekends.
Provide restroom and wash facility for HAPG crew, within 100ft of work location.
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Attachment: OPP-21-6646263-Quote Letter - REV 3 (3531 : Emergency Work - Hitachi Energy USA at Century Substation) Provide accurate as-built electrical schematics, elementary diagrams, outline diagram and instruction books as necessary to allow HAPG to perform the quoted work scope. All documents must be provided to HAPG at least 1 week prior to arriving at site to begin the quoted work scope.
Provide bottled dry nitrogen to allow HAPG to establish the oil preservation system and perform operations related to the quoted work scope. Nitrogen gas must conform to ANSI Standard 1933.
Provide two (2) qualified personnel to assist the HAPG Technician(s) at site during all quoted work activities, including support for safety-related tasks, as deemed necessary by HAPG. Provide minor tools and supplies as required. At least one Customer person must be trained and certified in first aid and CPR and have immediate access to remote emergency services via a local cell or land phone connection.
All Customer Responsibilities provided in HAPG quotation for damaged radiator repairs (Quote number OPP-21-6632242 Rev 3) apply to this current offering.
SECTION 4- COMMENTS & CLARIFICATIONS
HAPG quotation is based on performing the quoted work scope at a time and date that is mutually convenient and agreeable to both the Customer and HAPG. Customer may incur additional charges if the work is to be completed at a time not convenient and agreeable to HAPG.
On-site standby time caused by Customer delays, Customer’s contractors, weather, security issues, acts of God, etc. shall be considered as time worked, and billed to the Customer at HAPG’s current published rates. Additional charges may apply, including travel & living costs, rental equipment, usage fees, contracted services, etc. HAPG's quotation is based on a maximum of 1 hour for safety training, drug testing, security clearances, etc. Additional services and parts provided by HAPG will be invoiced on a Time and Material basis, using HAPG's current published rates, at HAPG's discretion, including usage fees, rental equipment, etc. A firm price quotation for additional labor, services and parts may also be provided, at HAPG's discretion, in lieu of Time and Material invoicing.
HAPG's offering is based on work being performed 7 days per week (Mon through Sun), as deemed necessary by HAPG, and working up to approximately 12 hours per day. Vacuum filling operations may require 24-hour per day work operations.
This quotation is based on HAPG making only one (1) visit to site to perform the work scope described in this offering. If HAPG is required to make additional visits to site, the Customer will incur additional charges for labor, materials, expense, rental equipment, etc.
This quotation is based on the transformer insulation system being acceptably dry after HAPG performing the work outlined in this quotation, up to the point of final filling. This quotation does not include a field dry out, should if the transformer be determined to be “wet.”
The quoted work scope and associated price offered in this quotation is based on a maximum on-site work duration of six (6) days, using one (1) 11 hour shift per day, using up to two (2) Technicians, and a maximum on-site work duration of four (4) days, using one (1) 11 hour shift per day, using one (1) Technician. This limitation is provided because of the uncertainty related to site conditions and the time required to complete the quoted work scope. If additional time and efforts are required to complete the work scope described in this quotation, all additional work shall be invoiced according to HAPG's current published rates for industrial services on a Time & Material basis.
HAPG's offering is based on the transformer being free of any vacuum leaks (including all gaskets, etc.). Leaks in the transformer discovered before or during the vacuum operation that require repair constitute a delay, and appropriate charges will apply, unless the leaks were a direct result of HAPG's workmanship during this project.
This quotation is based on the transformer containing conventional mineral oil, either Type I or Type II, as defined by ANSI C57.106-2002 and ASTM 3487. This quotation does not include working on transformers which contain silicone, FR3, R-Temp or other types of dielectric fluids other than conventional mineral oil.
Cleaning of LTC compartment and inspection to determine location of leaks was performed already by HAPG. Those services will be invoiced on a Time and Material basis and are not included in this quotation. New oil for the LTC compartment as well as the rental of a boom lift to access the LTC compartment was provided to support earlier efforts and is being provided on a time and material basis and is not included in this quotation. The weld repairs to the damaged radiator are being performed under a separate firm-price quotation and are not included in this current offering. Only those services explicitly described in the Work Scope section of this current proposal are offered on this firm price basis.
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Attachment: OPP-21-6646263-Quote Letter - REV 3 (3531 : Emergency Work - Hitachi Energy USA at Century Substation) All Comments and Clarifications provided in HAPG quotation for damaged radiator repairs (Quote number OPP-21-6632242 Rev 3) apply to this current offering.
SECTION 5- PERFORMANCE
Not withstanding anything herein to the contrary, in no event shall customer be entitled to request any amendments to the field schedule, unless said amendments are made in writing at least fourteen (14) days prior to HAPG's commencement of work at the customer's site. In the event that customer makes a request for a schedule change in the aforementioned delay of at least fourteen (14) days prior to the commencement of work, HAPG shall be entitled to recover the amount of 10% of the contract amount as compensation for each schedule change.
SECTION 6- TERMS AND CONDITIONS
This proposal is valid for 30 days from the latest revision date, unless otherwise authorized by ABB Enterprise Software Inc. (ABB ESI) The following terms and conditions will apply.
1. Payment is due net 30 days from invoice date.
2. Work is quoted per ABB ESI General Terms & Conditions of Sale
3. ABB Enterprise Software Inc. Quote number OPP-21-6646263 REV 3, must appear on the purchase order / contract.
4. The PO must be made to the new entity name, ABB Enterprise Software, Inc., and address: 305 Gregson Dr. Cary NC, 27511
Adjustments to Field Schedule
Notwithstanding anything herein to the contrary, in no event shall customer be entitled to request any amendments to the field schedule, unless said amendments are made in writing at least fourteen (14) days prior to HAPG's commencement of work at the customer's site. In the event that customer makes a request for a schedule change in the aforementioned delay of at least fourteen (14) days prior to the commencement of work, HAPG shall be entitled to recover the amount of 10% of the contract amount as compensation for each schedule change.
We thank you for the opportunity to offer this proposal and look forward to working with you on this project. We welcome the opportunity to speak directly with you concerning our proposal or other transformer service needs. Please feel free to give me a call anytime should you have any questions.
Regards,
Nick Elder
Proposal Engineer West Region
[email protected]
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Attachment: OPP-21-6646263-Quote Letter - REV 3 (3531 : Emergency Work - Hitachi Energy USA at Century Substation) rate sheet
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Attachment: OPP-21-6646263-Quote Letter - REV 3 (3531 : Emergency Work - Hitachi Energy USA at Century Substation) Terms and conditions
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Attachment: OPP-21-6646263-Quote Letter - REV 3 (3531 : Emergency Work - Hitachi Energy USA at Century Substation) terms and conditions 2
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Attachment: OPP-21-6646263-Quote Letter - REV 3 (3531 : Emergency Work - Hitachi Energy USA at Century Substation) terms and conditions 3
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Attachment: OPP-21-6646263-Quote Letter - REV 3 (3531 : Emergency Work - Hitachi Energy USA at Century Substation) terms and conditions 3
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Attachment: OPP-21-6646263-Quote Letter - REV 3 (3531 : Emergency Work - Hitachi Energy USA at Century Substation) 1 2
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23152.06020\32617662.1
RESOLUTION NO. R-24-22
APPROVE AMENDMENT TO THE EMERGENCY CONTRACT IN
ACCORDANCE WITH COLTON MUNICIPAL CODE SECTION §3.08.130(A) FOR EMERGENCY REPAIRS TO T2 AT THE CENTURY SUBSTATION.
WHEREAS, on August 4, 2021 Century Substation Transformer No. 2 was vandalized by a stray bullet causing an oil leak, and the Transformer was de-energized; and WHEREAS, on August 18, 2021 Transformer No. 1 tripped off due to low oil level; and WHEREAS, the intermediate repair commenced on September 1, 2021; and WHEREAS, on September 7, 2021 the Colton City Council approved an emergency service agreement to weld and repair transformer No. 2 at the Century Substation; and WHEREAS, on October 19, 2021 the Colton City Council approved the ratification of the previous service agreement to weld and repair transformer No. 2 at the Century Substation; and
WHEREAS, the approved intermediate repair work revealed that additional work and an amended agreement is required for the original work to be completed to allow the Transformer No. 2 to be re-energized and placed back into service; and WHEREAS, the crew performing the work incurred additional time and materials costs as a result of moisture above industry standard levels; and WHEREAS, in compliance with the requirements in the City’s Municipal Code, Section
3.08.060(h), City Council must amend the contract with ABB Enterprise Software, Inc. for additional emergency repair work of Transformer No 2 at the Century Substation without a formal bid process.
NOW, THEREFORE, BE IT RESOLVED, that the Colton City Council hereby rescinds resolution No. R-114-21 and authorizes the amended purchase order and additional emergency repairs of the Transformer No. 2 at the Century Substation by ABB Enterprise
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Attachment: Resolution R-24-22 amend ABB Emergency Repairs to Transformer No. 2 3.15.2022 (3531 : Emergency Work - Hitachi Energy 1 2
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Software, Inc. for an amount not to exceed $253,015.
PASSED, APPROVED and ADOPTED by the City Council of the City of Colton at a regular meeting of said Council held on the 15th of March, 2022, by the following vote:
City of Colton
FRANK J. NAVARRO, Mayor
ATTEST:
CAROLINA R. PADILLA, City Clerk
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Attachment: Resolution R-24-22 amend ABB Emergency Repairs to Transformer No. 2 3.15.2022 (3531 : Emergency Work - Hitachi Energy
ITEM NO. 10
STAFF REPORT
DATE: MARCH 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE MODIFICATION OF CURB MARKINGS ALONG
SEVENTH (7TH) STREET AND EIGHTH (8TH) STREET IN THE
VICINITY OF WOODROW WILSON ELEMENTARY.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Staff recommends that City Council approve the modification of curb markings along Seventh (7th) Street and Eight h (8th) Street in the vicinity of Woodrow Wilson Elementary per the recommendation of the Traffic Safety Committee.
BACKGROUND
At the request of the Woodrow Wilson Elementary School Principal, the City of Colton Traffi c Safety Committee reviewed the viability of modifying traffic curb markings along 7 th Street and 8th Street in the vicinity of the school to better improve traffic patterns within the area. On November 10th, 2021, the Traffic Safety Committee passed a mo tion to continue the item until the City’s Traffic Consultant conducted a study. On December 3, 2021, the Traffic Consultant completed and submitted the assessment to the City for review at the next available Traffic Safety Committee.
ISSUES/ANALYSIS
On February 9, 2022, the Traffic Safety Committee reviewed the assessment and carried a motion to recommend to the City Council the Traffic Engineering Consultant’s recommendation to implement the modification of the curb marking as per the attached design (Exhibit A). The discussed recommendation includes painting portions of the curbs red and post ing a sign 10 Packet Pg. 266
Staff Report to the Mayor and City Council
Modify Curb Markings - 7th/8th Streets
March 15, 2022
showing 15 minute parking for deliveries only. In accordance with Chapter 10.50 of the City of Colton Municipal Code, the purpose of the Traffic Saf ety Committee is to provide the City Council with recommendations on policy related to traffic safety and operational issues based on sound technical and practical criteria and to act as a sounding board for citizen’s concerns, including School Safety Issues and Traffic Control Requests.
FISCAL IMPACTS
Nominal expenses for the curb marking work along 7 th Street and 8 th Street in the vicinity of Woodrow Wilson Elementary School are budgeted and available in the Streets Maintenance budget. Street maintenance staff will complete the project during standard working hours.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - TO#292 - Modification of Curb Markings along 7th & 8th Sts near Wilson EH, Dec. 3, 2021 FM
2. Exhibit B - Traffic Safety Committee Meeting Minutes 020922 10 Packet Pg. 267
Technical Memorandum
Modification of Curb Markings along 7th St & 8th St near Woodrow Wilson Elementary School City of Colton, CA
0 12/3/2021
MINAGAR & ASSOCIATES, INC.
T
PREPARED BY:
PREPARED FOR:
CITY OF COLTON
Public Works Department
Engineering Division
160 S. Tenth Street
Colton, CA 92324
MINAGAR & ASSOCIATES, INC.
Traffic/Civil/Electrical Engineering – ITS – Transportation Planning – CEM 23282 Mill Creek Drive, Suite 120
Laguna Hills, CA 92653
Tel: (949)707-1199
TO#292
Modification of Existing Curb Markings along 7th St & 8th St in the vicinity of
Woodrow Wilson Elementary School
in the
City of Colton, CA
December 3, 2021
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Attachment: Exhibit A - TO#292 - Modification of Curb Markings along 7th & 8th Sts near Wilson EH, Dec. 3, 2021 FM (3527 : Modify Curb Technical Memorandum
Modification of Curb Markings along 7th St & 8th St near Woodrow Wilson Elementary School City of Colton, CA
1 12/3/2021
MINAGAR & ASSOCIATES, INC.
TECHNICAL MEMORANDUM
To: Mr. Victor Ortiz, PE
City Engineer, City of Colton
From: Fred Minagar, MS, PE, RCE, FITE
Contract City Traffic Engineer/President, Minagar & Associates, Inc.
Date: December 3, 2021
Re: TO#292: Modification of Curb Markings along 7th St & 8th St near Woodrow Wilson Elementary School
Executive Summary
Upon a request from Cynthia Coello, Principal of Woodrow Wilson Elementary School and, Council Member Dr. Gonzalez to modify the existing curb markings along 7 th St and 8th St near Woodrow Wilson Elementary School, Minagar & Associates, Inc. prepared this technical memorandum for the City of Colton to implement the proposed curb markings as requested by the City.
Furthermore, Minagar & Associates, Inc. recommend s to the City of Colton to implement the modification of curb markings as per the attached design.
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Attachment: Exhibit A - TO#292 - Modification of Curb Markings along 7th & 8th Sts near Wilson EH, Dec. 3, 2021 FM (3527 : Modify Curb Technical Memorandum
Modification of Curb Markings along 7th St & 8th St near Woodrow Wilson Elementary School City of Colton, CA
2 12/3/2021
MINAGAR & ASSOCIATES, INC.
Background – As Minagar & Associates, Inc. received a request from the City of Colton to modify the existing curb markings along 7th St and 8th St in the vicinity of Woodrow Wilson Elementary School, Minagar & Associates, Inc. prepared the following four (4) figures that depict the existing and proposed curb markings for 7th St and 8th St near Woodrow Wilson Elementary School.
• 7th Street – Existing Curb Markings
• 7th Street – Proposed Curb Markings
• 8th Street – Existing Curb Markings
• 8th Street – Proposed Curb Markings
7th St and 8th St are both residential local streets in the City of Colton. Both roadways follow the prima facie speed limits for residential areas of 25 miles per hour with on -street parking prohibited for some curb segments.
Design:
In this section, the design of the proposed curb markings modification is discussed. As aforementioned, curbs along 7 th St and 8 th St near Woodrow Wilson Elementary School are to be modified. Minagar & Associates, Inc. included reference points as well as lengths for the proposed modified curb segments for accurate implementation. The following Figures 1, 2, 3, and 4 depict the existing and proposed conditions of curb markings along 7th St and 8th St near Woodrow Wilson Elementary School.
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Attachment: Exhibit A - TO#292 - Modification of Curb Markings along 7th & 8th Sts near Wilson EH, Dec. 3, 2021 FM (3527 : Modify Curb Technical Memorandum
Modification of Curb Markings along 7th St & 8th St near Woodrow Wilson Elementary School City of Colton, CA
3 12/3/2021
MINAGAR & ASSOCIATES, INC.
Figure 1: 7th Street - Existing Curb Markings
7th St
Woodrow Wilson Elementary School
Existing red curb
Existing bare curb
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Attachment: Exhibit A - TO#292 - Modification of Curb Markings along 7th & 8th Sts near Wilson EH, Dec. 3, 2021 FM (3527 : Modify Curb Technical Memorandum
Modification of Curb Markings along 7th St & 8th St near Woodrow Wilson Elementary School City of Colton, CA
4 12/3/2021
MINAGAR & ASSOCIATES, INC.
Figure 2: 7th Street - Proposed Curb Markings
7th St
Woodrow Wilson
Elementary School
Modify existing red
curb to be a bare curb
by pressure washing
Install R28C (CA) (LT)
sign 2’ away from
Modify existing bare
curb to red curb -
Paint red curb as
shown
End of Curb Return
(ECR)
80’
Beginning of red curb
20’
Install R28C (CA) (RT)
sign 2’ away from
Install R26 (CA) sign 2’
away from curb
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Attachment: Exhibit A - TO#292 - Modification of Curb Markings along 7th & 8th Sts near Wilson EH, Dec. 3, 2021 FM (3527 : Modify Curb Technical Memorandum
Modification of Curb Markings along 7th St & 8th St near Woodrow Wilson Elementary School City of Colton, CA
5 12/3/2021
MINAGAR & ASSOCIATES, INC.
Figure 3: 8th Street - Existing Curb Markings
Existing red curb
8th St
Existing red curb
Existing green curb
Existing bare curb
Woodrow Wilson Elementary School
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Attachment: Exhibit A - TO#292 - Modification of Curb Markings along 7th & 8th Sts near Wilson EH, Dec. 3, 2021 FM (3527 : Modify Curb Technical Memorandum
Modification of Curb Markings along 7th St & 8th St near Woodrow Wilson Elementary School City of Colton, CA
6 12/3/2021
MINAGAR & ASSOCIATES, INC.
Figure 4: 8th Street - Proposed Curb Markings
Repaint existing red curb
8th St
Modify existing red curb
to be a bare curb by
pressure washing
Modify existing bare curb
to green curb
Modify existing green
curb to be a bare curb by
pressure washing
Woodrow Wilson Elementary School
South side of house
driveway (677 8th St)
97’
North side of school entrance
25’
67’
51’
Replace existing “24 Hour Parking
Monday-Friday” sign with
customized “15 minute parking –
CJUSD employees only.”
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Attachment: Exhibit A - TO#292 - Modification of Curb Markings along 7th & 8th Sts near Wilson EH, Dec. 3, 2021 FM (3527 : Modify Curb Technical Memorandum
Modification of Curb Markings along 7th St & 8th St near Woodrow Wilson Elementary School City of Colton, CA
7 12/3/2021
MINAGAR & ASSOCIATES, INC.
Furthermore, Minagar & Associates, Inc. recommend s to the City of Colton to implement the modification of curb markings as per the attached design.
Respectfully submitted,
MINAGAR & ASSOCIATES, INC.
Fred Minagar, MS, PE, RCE, FITE
Principal
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Attachment: Exhibit A - TO#292 - Modification of Curb Markings along 7th & 8th Sts near Wilson EH, Dec. 3, 2021 FM (3527 : Modify Curb Minutes
City of Colton
Traffic Safety
Committee
February 9, 2022
1:00 PM
Zoom Meeting
Minutes
A. CALL TO ORDER - Meeting was called to order at 1:00 p.m.
1. City Engineer – Victor Ortiz
2. City Council – Mayor Navarro
3. Development Services – Mario Suarez
4. Fire – Ray Bruno
5. Local Business – Art Morgan
6. Police – Greg Castillo
7. Public Works – Moises Peralta
B. APPROVAL OF MINUTES January 12, 2022 – Motion to approve minutes by Mayor Navarro, 2nd by Victor Ortiz
C. PUBLIC COMMENT – CM Suchil asked TSC if a traffic study analysis could done at Pennsylvania Ave & Valley Blvd
D. AGENDA
1) Modify curb markings along 7th and 8th St in the vicinity of Wilson ES – request from school principal.
At the request of the principal, paint curb and post sign to show 15 minute parking for deliveries only, based on information from traffic consultant. Motion by Mayor Navarro, 2nd by Victor Ortiz, motion carried.
2) Request all-way stop sign at 3rd St & H St
Request of traffic study for potential installation of stop light. Motion by Victor Ortiz, 2nd by Mario Suarez, motion carried.
E. OLD BUSINESS - None
F. COMMITTEE DISCUSSION - Via De Zanja and options regarding transients and trash. Group discussed putting up No Parking signs, painting the curb red or closing the road altogether.
G. NEXT MEETING DATE
The next meeting of the Traffic Safety Committee is sc heduled to be held on Wednesday, March 9, 2022 location TBD.
H. ADJOURNMENT – Meeting adjourned at 1:35 p.m.
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Attachment: Exhibit B - Traffic Safety Committee Meeting Minutes 020922 (3527 : Modify Curb Markings - 7th/8th Streets)
ITEM NO. 11
STAFF REPORT
DATE: MARCH 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TOM CODY, HUMAN RESOURCES DIRECTOR
SUBJECT: APPROVE COLTON POLICE OFFICERS ASSOCIATION (CPOA) MOU SIDE LETTER #2 AND COLTON FIREFIGHTERS
ASSOCIATION (CFA) MOU SIDE LETTER #1.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Amend the January 1, 2021 to June 30, 2024 Memorandums Of Understanding (“MOUs”) between the City of Colton and the Colton Police Officers Association (“CPOA”) and the Colton’s Firefighters Association (“CFFA”) by approving side letters for signing bonuses for new and lateral members as specified in the respective side letters.
BACKGROUND
The City of Colton has seen significant challenges recruiting, attracting and retaining qualified safety personnel for both the Police and Fire Departments. In recent years, the challenge has become more pronounced. Both departments have experienced Police Officers and Fire fighter Medics leave the City of Colton for other agencies for a variety of reasons. Many of Colton’s recruitments for police officers and firefighters have been frustrating due to t he lack of qualified applicants and competition with other local agencies , and the City has experienced alarmingly short tenures for recently on-boarded applicants.
Implementation of a signing bonus program would differentiate the City of Colton from many of our neighboring cities and counties. Especially at a time when there are many Police Officers and Firefighter Medics looking to relocate to the Inland Empire from larger coastal cities and counties that have been implementing strict mandates on their employees. The proposed signing bonus would be phased-in with a two year implementation period from the time of hire for newly hired safety members.
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Staff Report to the Mayor and City Council
MOU Side Letter - CPOA and CFFA
March 15, 2022
ISSUES/ANALYSIS
The issue is straightforward. The City of Colton has too many vacancies that are a result of unsuccessful recruitments and retention issues. This turnover creat es inefficiencies and additional costs for both departments, as they are in a constant state of re-training and evaluating new employees. It also creates a liability risk for existing employees who at times are forced to work excessive hours and are forced-hired to provide adequate safety coverage for the community. The City and the two safety associations, have met and conferred and are in agreement to put in -place a Signing Bonus Program for newly hired Police Officers and Firefighter Medics that may be interested in a career with the City of Colton.
The signing bonus disbursements are slightly different for each of the two groups and are as follows:
Newly hired CPOA Police Officers shall receive signing bonuses as follows:
1. The term “newly hired” refers to an employee that is hired by the CITY in the classification of Police Officer or Police Officer Trainee. The term “newly hired” does not include an employee that is hired by the CITY in the classifications Police Corporal, Police Detective or Police S ergeant. “Newly hired” shall not apply to a current CITY employee that promotes to a higher rank or classification.
2. The term “recently hired” refers to an employee that is hired by the CITY in the classification of Police Officer or Police Officer Traine e on or after September 1, 2019. The term “recently hired” does not include an employee that is hired by the CITY in the classifications Police Corporal, Police Detective or Police Sergeant. “Recently hired” shall not apply to a current CITY employee that promotes to a higher rank or classification.
3. The term “hired” refers to an employee that accepts an offer of employment from the CITY in the classification of Police Officer or Police Officer Trainee (not Police Corporal, Police Detective or Police Sergeant) and begins his/her first day of work for the CITY.
4. Newly hired CPOA members shall receive signing bonuses as follows:
a) $2,500.00 (two thousand and five hundred dollars) once hired, to be paid concurrently with employee’s first payroll check due to employee.
b) $2,500.00 (two thousand and five hundred dollars) at both a minimum of six (6) months of employment and after successfully passing the Field Training 11 Packet Pg. 278
Staff Report to the Mayor and City Council
MOU Side Letter - CPOA and CFFA
March 15, 2022
Officer (“FTO”) program, to be paid concurrently with the next payroll check due to employee after reaching this milestone.
c) $5,000.00 (five thousand dollars) upon successfully passing probation (typically 12 months for laterals and 18 months for academy graduates with no prior police experience), to be paid concurrently with the next payroll check due to employee after reaching this milestone.
d) $5,000.00 (five thousand dollars) on the 1 -year anniversary of successfully passing probation, to be paid concurrently with the next payroll check due to employee after reaching this milestone.
5. Recently hired CPOA members shall receive signing bonuses based on the same criteria set for newly hired CPOA members in Section 4 above; however, no bonuses will be retroactive. Specifically, a recently hired CPOA member does not qualify for any bonuses where the triggering events have occurred prior to the effective date of this side letter, as illustrated below:
a) If a recently hired CPOA member began working for the CITY on July 1, 2020 and has already completed his/her FTO program and passed probation, he/she is only eligible to collect the $5,000.00 bonus on the 1-year anniversary of successfully passing probation pursuant to Section 4(d) above, as all of the other bonus thresholds have occurred prior to the effective date of this side letter.
b) On the other han d, if a recently hired CPOA member began working for the City on March 1, 2022, he/she is eligible to collect all of the bonuses pursuant to Section 4 above.
6. This Side Letter of Agreement shall be in effect retroactively from March 1, 2022 through June 30, 2024 and shall sunset immediately thereafter.
7. All other provisions in Article II of the MOU shall remain in full force and effect.
Newly hired CFFA members shall receive signing bonuses as follows:
1. The term “newly hired” refers to an employee tha t is hired by the CITY in the classification of Fire Battalion Chief, Fire Captain, Fire Engineer, Firefighter, Firefighter Medic, or Fire Marshal. “Newly hired” shall not apply to a current CITY employee that promotes to a higher rank or classification.
2. The term “recently hired” refers to an employee that is hired by the CITY in the classification of Fire Battalion Chief, Fire Captain, Fire Engineer, Firefighter, 11 Packet Pg. 279
Staff Report to the Mayor and City Council
MOU Side Letter - CPOA and CFFA
March 15, 2022
Firefighter Medic, or Fire Marshall on or after March 1, 2020. “Recently hired” shall not apply to a current CITY employee that promotes to a higher rank or classification.
3. The term “hired” refers to an employee that accepts an offer of employment from the CITY in the classification of Fire Battalion Chief, Fire Captain, Fire Engineer, Firefighter, Firefighter Medic, or Fire Marshal and begins his/her first day of work for the CITY.
4. The term “lateral” refers to an employee that has previous work experience acceptable to the Human Resources department and accepts an offer of employment from the C ITY in the classification of Fire Battalion Chief, Fire Captain, Fire Engineer, Firefighter, Firefighter Medic, or Fire Marshal.
5. Newly hired CFFA members shall receive signing bonuses as follows:
a) $2,500.00 (two thousand and five hundred dollars) after su ccessfully passing the six (6) month probationary test, to be paid concurrently with the next payroll check due to employee after reaching this milestone.
b) $5,000.00 (five thousand dollars) upon successfully passing probation (typically 12 months from the date of hire), to be paid concurrently with the next payroll check due to employee after reaching this milestone.
c) $7,500.00 (seven thousand five hundred dollars) on the 1 -year anniversary of successfully passing probation, to be paid concurrently with the next payroll check due to employee after reaching this milestone.
6. Newly hired Lateral CFFA members shall receive signing bonuses as follows:
a) $5,000.00 (five thousand dollars) at time of hire to be paid concurrently with the first payroll check due to employee after reaching this milestone.
b) $5,000.00 (five thousand dollars) upon successfully passing probation (typically 12 months from the date of hire), to be paid concurrently with the next payroll check due to employee after reaching this milestone.
c) $5,000.00 (five thousand dollars) on the 1 -year anniversary of successfully passing probation, to be paid concurrently with the next payroll check due to employee after reaching this milestone.
7. Recently hired CFFA members shall receive signing bonuse s based on the same criteria in Section 5 and Section 6 above, depending on whether they are laterals; however, no bonuses will be retroactive. Specifically, a recently hired CFFA member 11 Packet Pg. 280
Staff Report to the Mayor and City Council
MOU Side Letter - CPOA and CFFA
March 15, 2022
does not qualify for any bonuses where the triggering events have occ urred prior to the effective date of this side letter, as illustrated below:
a) If a recently hired CFFA member began working for the CITY on July 1, 2020 and has already successfully passed his/her probation, he/she is only eligible to collect the $7,500 an d/or $5,000.00 bonus respectfully on the 1 - year anniversary of successfully passing probation pursuant to Section 5(c) or 6 (c) above, as all of the other bonus thresholds have occurred prior to the effective date of this side letter.
b) If a recently hired CFFA member who is not a lateral began working for the CITY on March 1, 2022, he/she is eligible to collect all of the bonuses pursuant to Section 5 above. If a recently hired CFFA member who is a lateral began working for the CITY March 1, 2022, he/she is eligible to collect all of the bonuses pursuant to Section 6 above.
8. This Side Letter of Agreement shall be in effect retroactively from March 1, 2022 thru June 30, 2024 and may be extended for an additional period of time at the sole discretion of the CITY.
9. All other provisions of the MOU shall remain in full force and effect.
FISCAL IMPACTS
Sufficient salary savings from vacant positions in each Department are available in the adopted Fiscal Year 2021 -22 budget to cover the cost of the first sign ing bonus disbursement for three newly hired Police Officers and three newly hired Firefighter Medics. Future disbursements will be estimated based on average vacant positions and estimates will be included in the Fiscal Year 2022-23 Police and Fire Department budgets.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Attachment 1 - CFFA 2021-2024 MOU Side Letter No. 1
2. Attachment 2 - CPOA 2021-2024 MOU Side Letter No. 2
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Attachment 1
CFF A 2021 - 2024 MOU Side Letter# 1
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Attachment: Attachment 1 - CFFA 2021-2024 MOU Side Letter No. 1 (3528 : MOU Side Letter - CPOA and CFFA) Letter of Agreement
Between City of Colton and
The Colton Fire Fighters Association
WHEREAS, the City of Colton ("CITY") and the Colton Fire Fighters Association ("CFFA") are parties to a Memorandum of Understanding ("MOU") that is in effect from January 1, 2021 to June 30, 2024, and governs generally the wages, hours and other terms and conditions of employment of the classifications represented by the CFFA; WHEREAS, Article II of the MOU provides for the terms of compensation for CFFA members;
WHEREAS, the parties wish to provide signing bonuses in the amount of $15,000.00 (fifteen thousand dollars) to newly hired employees and up to $12,500.00 (twelve thousand and five hundred dollars) to recently hired employees in the classifications of Fire Battalion Chief, Fire Captain, Fire Engineer, Firefighter, Firefighter Medic, and Fire Marshal, which will be represented by the CFFA;
WHEREAS, the signing bonuses will be paid incrementally upon the newly hired employees reaching certain milestones;
THEREFORE, IT IS AGREED AS FOLLOWS:
1 . The term "newly hired" refers to an employee that is hired by the CITY in the classification of Fire Battalion Chief, Fire Captain, Fire Engineer, Firefighter, Firefighter Medic, or Fire Marshal. "Newly hired" shall not apply to a current CITY employee that promotes to a higher rank or classification.
2. The term "recently hired" refers to an employee that is hired by the CITY in the classification of Fire Battalion Chief, Fire Captain, Fire Engineer, Firefighter, Firefighter Medic, or Fire Marshall on or after March 1, 2020. "Recently hired" shall not apply to a current CITY employee that promotes to a higher rank or classification.
3. The term "hired" refers to an employee that accepts an offer of employment from the CITY in the classification of Fire Battalion Chief, Fire Captain, Fire Engineer, Firefighter, Firefighter Medic, or Fire Marshal and begins his/her first day of work for the CITY.
4. The term "lateral" refers to an employee that has previous work experience acceptable to the Human Resources department and accepts an offer of employment from the CITY in the classification of Fire Battalion Chief, Fire Captain, Fire Engineer, Firefighter, Firefighter Medic, or Fire Marshal.
5. Newly hired CFFA members shall receive signing bonuses as follows:
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Attachment: Attachment 1 - CFFA 2021-2024 MOU Side Letter No. 1 (3528 : MOU Side Letter - CPOA and CFFA) a) $2,500.00 (two thousand and five hundred dollars) after successfully passing the six (6) month probationary test, to be paid concurrently with the next payroll check due to employee after reaching this milestone. b) $5,000.00 (five thousand dollars) upon successfully passing probation (typically 12 months from the date of hire), to be paid concurrently with the next payroll check due to employee after reaching this milestone. c) $7,500.00 (seven thousand five hundred dollars) on the 1-year anniversary of successfully passing probation, to be paid concurrently with the next payroll check due to employee after reaching this milestone.
6. Newly hired Lateral CFFA members shall receive signing bonuses as follows:
a) $5,000.00 (five thousand dollars) at time of hire to be paid concurrently with the first payroll check due to employee after reaching this milestone. b) $5,000.00 (five thousand dollars) upon successfully passing probation (typically 12 months from the date of hire), to be paid concurrently with the next payroll check due to employee after reaching this milestone. c) $5,000.00 (five thousand dollars) on the 1-year anniversary of successfully passing probation, to be paid concurrently with the next payroll check due to employee after reaching this milestone.
7. Recently hired CFFA members shall receive signing bonuses based on the same criteria in Section 5 and Section 6 above, depending on whether they are laterals; however, no bonuses will be retroactive. Specifically, a recently hired CFFA member does not qualify for any bonuses where the triggering events have occurred prior to the effective date of this side letter, as illustrated below:
a) If a recently hired CFFA member began working for the CITY on July 1, 2020 and has already successfully passed his/her probation, he/she is only eligible to collect the $7,500 and/or $5,000.00 bonus respectfully on the 1-year anniversary of successfully passing probation pursuant to Section 5(c) or 6 (c) above, as all of the other bonus thresholds have occurred prior to the effective date of this side letter. b) If a recently hired CFFA member who is not a lateral began working for the CITY on March 1, 2022, he/she is eligible to collect all of the bonuses pursuant to Section 5 above. If a recently hired CFFA member who is a lateral began working for the CITY March 1, 2022, he/she is eligible to collect all of the bonuses pursuant to Section 6 above. 2 11.a
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Attachment: Attachment 1 - CFFA 2021-2024 MOU Side Letter No. 1 (3528 : MOU Side Letter - CPOA and CFFA)
8. This Side Letter of Agreement shall be in effect retroactively from March 1, 2022 thru June 30, 2024 and may be extended for an additional period of time at the sole discretion of the CITY.
9. All other provisions of the MOU shall remain in full force and effect.
WE AGREE TO THE ABOVE:
CITY OF COL TON
Frank J. Navarro
Mayor
COLTON FIRE FIGHTERS ASSOCIATION
Tom Debellis
CFFA President
3 Date
Date
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Attachment: Attachment 1 - CFFA 2021-2024 MOU Side Letter No. 1 (3528 : MOU Side Letter - CPOA and CFFA) Attachment 2
CPOA 2021 - 2024 MOU Side Letter #2
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Attachment: Attachment 2 - CPOA 2021-2024 MOU Side Letter No. 2 (3528 : MOU Side Letter - CPOA and CFFA) Letter of Agreement
Between City of Colton and
The Colton Police Officers Association
WHEREAS, the City of Colton ("CITY") and the Colton Police Officers Association ("CPOA") are parties to a Memorandum of Understanding ("MOU") that is in effect from January 1, 2021 to June 30, 2024, and governs generally the wages, hours and other terms and conditions of employment of the classifications represented by the CPOA; WHEREAS, Article II of the MOU provides for the terms of compensation for CPOA members;
WHEREAS, the parties wish to provide signing bonuses in the amount of $15,000.00 (fifteen thousand dollars) to newly hired employees and up to $12,500.00 (twelve thousand and five hundred dollars) to recently hired employees in the classifications of Police Officer, Police Officer Trainee, which will be represented by the CPOA; WHEREAS, the signing bonuses will be paid incrementally upon the newly hired employees and recently hired employees reaching certain milestones; THEREFORE, IT IS AGREED AS FOLLOWS:
1 . The term "newly hired" refers to an employee that is hired by the CITY in the classification of Police Officer or Police Officer Trainee. The term "newly hired" does not include an employee that is hired by the CITY in the classifications Police Corporal, Police Detective or Police Sergeant. "Newly hired" shall not apply to a current CITY employee that promotes to a higher rank or classification.
2. The term "recently hired" refers to an employee that is hired by the CITY in the classification of Police Officer or Police Officer Trainee on or after September 1, 2019. The term "recently hired" does not include an employee that is hired by the CITY in the classifications Police Corporal, Police Detective or Police Sergeant. "Recently hired" shall not apply to a current CITY employee that promotes to a higher rank or classification.
3. The term "hired" refers to an employee that accepts an offer of employment from the CITY in the classification of Police Officer or Police Officer Trainee (not Police Corporal, Police Detective or Police Sergeant) and begins his/her first day of work for the CITY.
4. Newly hired CPOA members shall receive signing bonuses as follows:
a) $2,500.00 (two thousand and five hundred dollars) once hired, to be paid concurrently with employee's first payroll check due to employee.
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Attachment: Attachment 2 - CPOA 2021-2024 MOU Side Letter No. 2 (3528 : MOU Side Letter - CPOA and CFFA) b) $2,500.00 (two thousand and five hundred dollars) at both a minimum of six (6) months of employment and after successfully passing the Field Training Officer ("FTO") program, to be paid concurrently with the next payroll check due to employee after reaching this milestone. c) $5,000.00 (five thousand dollars) upon successfully passing probation (typically 12 months for laterals and 18 months for academy graduates with no prior police experience), to be paid concurrently with the next payroll check due to employee after reaching this milestone. d) $5,000.00 (five thousand dollars) on the 1-year anniversary of successfully passing probation, to be paid concurrently with the next payroll check due to employee after reaching this milestone.
5. Recently hired CPOA members shall receive signing bonuses based on the same criteria set for newly hired CPOA members in Section 4 above; however, no bonuses will be retroactive. Specifically, a recently hired CPOA member does not qualify for any bonuses where the triggering events have occurred prior to the effective date of this side letter, as illustrated below:
a) If a recently hired CPOA member began working for the CITY on July 1, 2020 and has already completed his/her FTO program and passed probation, he/she is only eligible to collect the $5,000.00 bonus on the 1-year anniversary of successfully passing probation pursuant to Section 4(d) above, as all of the other bonus thresholds have occurred prior to the effective date of this side letter.
b) On the other hand, if a recently hired CPOA member began working for the City on March 1, 2022, he/she is eligible to collect all of the bonuses pursuant to Section 4 above.
6. This Side Letter of Agreement shall be in effect retroactively from March 1, 2022 through June 30, 2024 and shall sunset immediately thereafter.
7. All other provisions in Article II of the MOU shall remain in full force and effect.
WE AGREE TO THE ABOVE:
CITY OF COL TON
Frank J. Navarro
Mayor
Date
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Attachment: Attachment 2 - CPOA 2021-2024 MOU Side Letter No. 2 (3528 : MOU Side Letter - CPOA and CFFA)
COL TON POLICE OFFICERS ASSOCIATION
Jason Hanna
CPOA President
3 Date
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Attachment: Attachment 2 - CPOA 2021-2024 MOU Side Letter No. 2 (3528 : MOU Side Letter - CPOA and CFFA)
ITEM NO. 12
STAFF REPORT
DATE: MARCH 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: DEB FARRAR, COMMUNITY SERVICES DIRECTOR
SUBJECT: APPROVE AND ADOPT A RESOLUTION ADOPTING THE
AMERICAN RESCUE PLAN ACT (ARPA) STIPEND, RESOLUTION
NO. R-19-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve and Adopt Resolution R -19-22, the American Recovery Plan Act (ARPA) Stipend for the Early Care and Education Division.
BACKGROUND
The City of Colton, Early Care and Education Di vision has two main components, the School Age Program (SAP) and the State Preschool Program (SPP). Both the SAP and SPP are funded by the California Department of Education (CDE). The SAP is for children in grades K thru 6 th grade, using the CDE Contract to provide services for before, after, and all -day care on CJUSD closure days. The SPP is for younger children, ages 3 to 5 years old. The SPP operates 180 days a year, part-time, with the desired result of preparing young children for elementary school, both in the classroom and the playground. As Executive Director of the Program, the City Manager is the designated authority to sign the State contract.
ISSUES/ANALYSIS
For Fiscal Y ear (FY) 202 1-2022, through the American Recovery Plan Act (ARPA) Stipend, CDE is awarding every contracted A gency additional funding, considered stipends. These stipend allocations have been distributed as direct payments, outside of the child developmen t contract and will not be subject to reporting requirements associated with the annual contract.
The funding will not be reported on CDNFS report forms, but will be subject to audit . Colton 12 Packet Pg. 290
Staff Report to the Mayor and City Council
Resolution - ARPA Stipend - CA Dept. of Education
March 15, 2022
has received $ 30,000.00 for any allowable expense to ensure pro grams are able to remain open and intact. Funds must be expended by September 30, 2022.
FISCAL IMPACTS
Adoption of Resolution R -19-22 amends the Fiscal Year 2021 -22 adopted budget to increase revenues and appropriations in the Child Care Fund to accept the award in the following accounts:
Revenue account:
206-5889-023 ARPA $30,000
Expenditure accounts:
206-7200-7207-2301-0000-023 Operating Equipment/Supplies $10,000 206-7200-7207-2304-0000-023 Instructional Materials $20,000
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. R-19-22 ECE PROGRAM
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RESOLUTION NO. R-19-22
A RESOLUTION OF THE CITY COUNCIL ALLOWING THE RECEIPT OF FUNDS
TO THE EARLY CARE AND EDUCATION DIVISION OF THE COMMUNITY
SERVICES DEPARTMENT VIA THE CALIFORNIA DEPARMENT OF EDUCATION, AMERICAN RECOVERY PLAN ACT STIPEND.
WHEREAS, the City of Colton, Early Childhood Education Division of the Community Services Department holds one (1 ) California Department of Education (CDE) Contract, and one (1) California Department of Social Services (CDSS) Contract, thus considered a CDE and CDSS Funded Agency.
WHEREAS, CDE, via American Recovery Plan Act (ARPA) and the 2021-2022 State Budget, is authorized to award the every CDE Funded Program in the State of California.
WHEREAS, CDE determined the amount of said stipend based off the number of CDE Funded Children in March of 2021.
NOW, THEREFORE, the City Council of the City of Colton does hereby resolve as follows:
Section 1: The staff report accompanying this resolution is found to be true, adopted as findings, and incorporated into this resolution.
Section 2: City approves the CA Department of Education ARPA Stipend.
Section 3 : Amend the Fiscal Year 2021 -22 budget to increase revenues and appropriations in the following Child Care Fund accounts:
Revenue account
206-5889-023 Misc Grants, shall be increased by $30,000
Expenditure accounts
206-7200-7207-2301-0000-023 Operating Supplies shall be increased by $10,000 206-7200-7207-2304-0000-023 Instructional Materials shall be increased by $20,000
PASSED, APPROVED AND ADOPTED this 15th day of March, 2022.
________________________________________
FRANK J, NAVARRO, Mayor
ATTEST:
CAROLINA R. PADILLA, City Clerk
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Attachment: R-19-22 ECE PROGRAM (3506 : Resolution - ARPA Stipend - CA Dept. of Education)
ITEM NO. 13
STAFF REPORT
DATE: MARCH 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CAROLINA PADILLA, CITY CLERK
SUBJECT: WAIVE FULL READING, AND APPROVE SECOND READING OF ORDINANCE AMENDING COLTON’S MUNICIPAL CODE
SECTION 2.02.090 REGARDING BY-DISTRICT ELECTIONS,
ADJUSTING THE BOUNDARIES OF CITY COUNCIL ELECTION
DISTRICTS AND CONFIRMING SUCH REVISED COUNCIL
DISTRICT BOUNDARIES, AS REFLECTED IN THE ATTACHED
MAP, ORDINANCE NO. O-04-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
It is recommended to that the City Council Waive full reading, and Approve Second Reading of Ordinance amending Colton’s Municipal Code Section 2.02.090 regarding by-district elections, adjusting the boundaries of City Council Election Districts and confirming such revised council district boundaries, as reflected in the attached map.
ATTACHMENT
1. Ordinance O-04-22
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ORDINANCE NO. O-04-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COLTON AMENDING COLTON MUNICIPAL CODE SECTION
2.02.090 REGARDING BY-DISTRICT ELECTIONS,
ADJUSTING THE BOUNDARIES OF CITY COUNCIL
ELECTION DISTRICTS AND CONFIRMING SUCH REVISED
COUNCIL DISTRICT BOUNDARIES, AS REFLECTED IN THE
ATTACHED MAP
WHEREAS, for many years, the City of Colton has been governed by a seven -number legislative body, with a Mayor elected at-large and the six members of the City Council elected by geographical election districts; and
WHEREAS, in November 2018, Colton voters adopted Measure R, which retains the at- large elected Mayor and will reduce the number of Council members elected by-district from 6 to 4, beginning with the November, 2022 election. A map identifying the four district boundaries was included with the text of the Measure; and
WHEREAS, Measure R provides that the boundaries of the four election districts may, by City Council ordinance, be adjusted from time to time as required by law and with each subsequent decennial census; and
WHEREAS, the United States Census Bureau is required by Article I, Section 2, of the United States Constitution to conduct an accurate count of the population every ten years; and
WHEREAS, California Elections Code § 21601 requires that following each decennial federal census, and using that census as a basis, the Council shall adjust the boundaries of any or all of the Council election districts of the City so that the districts shall be substantially equal in population as required by the United States Constitution, California Constitution, and the Federal Voting Rights Act . In establishing the boundaries of the districts the Council must give consideration to the following factors in the following priority : (a) contiguity of districts , (b) respecting communities of interest, (c) drawing easily identifiable districts through use of natural or artificial boundaries and (d) compactness of territory in districts; and
WHEREAS, California Elections Code § 21602 requires that the Council adopt an ordinance amending Council districts no later than April 17, 2022; and
WHEREAS, on September 27, 2021 the Census Bureau sent 2020 Census data to the State of California with an official population estimate of 54,129 residents for the City of Colton; and
WHEREAS, the City Council held four public hearings on November 16, 2021, January 4, 2022, February 1, 2022 and March 1, 2021, where the Council received briefings from the City’s demographic consultant relating to the redistricting process and state and federal redistricting criteria, including the California Elections Code, the Federal Voting Rights Act and the United States C onstitution, heard public testimony, and directed staff and the City's demographic consultant to prepare draft Council district maps for consideration; and
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Attachment: Ordinance O-04-22 (3535 : Second Reading of Ordinance No. O-04-22) Ordinance No.
WHEREAS, In addition, City staff conducted public outreach by way of print and digital advertisements. During the public hearings, public comment was received on redistricting criteria and communities of interest; and
WHEREAS, at the January 4, 2022, February 1, 2022 and March 1, 2021 public hearings, the Council received and reviewed a tot al of 3 draft maps prepared by the City's demographic consultant for compliance with applicable laws and standards and reviewed additional maps submitted by the public; and
WHEREAS, at the February 1, 2022 public hearing, the City Council agreed on Map Option 3, designating it as the preferred map and directed that it be introduced and adopted by Ordinance; and
WHEREAS, at each of the public hearings on redistricting, the Council heard testimony relating to “communities of interest,” which led the Council to reach the following determinations about communities of interest on the preferred map, as required under federal and state law:
(1) The election districts are geographically contiguous. The districts are arrayed in a simple and logical form without any islands and with minimal intrusions from the area of one district into another;
(2) To the extent practicable, the preferred map respects the geographic integrity of local neighborhoods and local communities of interest. The Council heard testimony about what constitutes communities of interest in the public’s view.
(3) The election districts are easily identifiable and understandable by residents. The districts in the preferred map form a relatively simple pattern.
(4) To the extent practicable, the election districts are geographically compact. Their configurations for the most part are compact, simple shapes, with nearby populations included in the same districts.
(5) The election districts are balanced in terms of total population and voting age population. The districts are well within the one -person/one-vote deviations permitted under federal and state voting rights laws.
(6) The election districts conform to concentration of minority voters. The preferred map creates two majority/minority voting districts.
WHEREAS, all information in the staff reports, maps, presentations, Council debate and public testimony referenced above is hereby incorporated into this decision and serves as evidentiary basis for these findings and legislative decision.
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Attachment: Ordinance O-04-22 (3535 : Second Reading of Ordinance No. O-04-22) Ordinance No.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES ORDAIN AS FOLLOWS:
Section 1: This Ordinance is adopted following four noticed City Council public hearings as required by California Elections Code section 21607.1.
Section 2. Section 2.02.090 of Chapter 2.02 ( Election of City Council Members by District) of Title 2 (Administrati on and Personnel) of the Colton Municipal Code is hereby amended as provided in attached Exhibit A.
Section 3. City Council elections shall continue to be conducted " by districts" in four districts as set forth in Exhibit A, with a Mayor separately elected at-large.
Section 4. All ordinances and resolutions, or parts thereof in conflict with this Ordinance are hereby repealed.
Section 5: The City Manager is directed to take all necessary steps to give effect to this Ordinance. If necessary to facilitate the implementation of this Ordinance, the City Manager or his or her designee is authorized to make technical adjustments to the election district boundaries that do not substantively affect the populations in the districts, the eligibility of ca ndidates, or the residence of elected officials within any district. The City Manager shall consult with the City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts.
Section 6. The City Clerk is hereby directed to provide a certified copy of this Ordinance to the San Bernardino County Registrar of Voters for use in subsequent Colton City Council Elections.
Section 7. Compliance with California Environmental Quality Act. This activity is exempt from environmental review under the California Environmental Quality Act (“CEQA”) (Pub. Resources Code, § 21000 et seq.) pursuant to State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) sections 15061(b)(3), 15320, and 15378(b)(3). The redistricting process is an organizational and administrative activity of the City, does not have the potential to result in either a direct or reasonably foreseeable indirect physical change in th e environment, and is therefore not a project for purposes of CEQA. (State CEQA Guidelines, §§ 15061(b)(3); 15378(b)(5).) In the event the transition process does constitute a project, it is categorically exempt under the Class 20 (Changes in the Organiz ation of Local Governments) categorical exemption. (State CEQA Guidelines, § 15320.) None of the exceptions to the exemptions found in State CEQA Guidelines section 15300.2 apply.
Section 8. Severability. If any section, subsection, subdivision, sente nce, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining porti ons of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
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Attachment: Ordinance O-04-22 (3535 : Second Reading of Ordinance No. O-04-22) Ordinance No.
Section 9. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.
Section 10. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Colton, pursuant to all legal requirements.
PASSED, APPROVED, AND ADOPTED this 15th day of March, 2022.
Frank Navarro, Mayor
I, Carolina Padilla, City Clerk of the City of Colton, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Colton held on the 1st day of March, 2022, and was adopted at a regular meeting of the City Council of the City of Colton on the 15th day of March, 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Carolina Padilla, City Clerk
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Attachment: Ordinance O-04-22 (3535 : Second Reading of Ordinance No. O-04-22) Ordinance No.
Exhibit “A”
Text Amendment to Section 2.02.090
“2.02.090 - Adjusted district numbers and boundaries for November 8, 2022 election and future elections.
A. For the November 8, 2022 General Municipal Election, Districts 1 through 6, as defined in Section 2.02.080 (A) through (F), shall cease to exist a s six separate electoral districts, and shall be replaced by four Districts 1 through 4, as those Districts are described in the map which is set forth in this chapter as Exhibit "2", attached hereto and incorporated herein by reference, and which are more particularly described as follows:
1. District 1. All that land located in the City lying within the following described boundaries:
Beginning at the intersection of the Rancho Ave. and the City of Colton Corporate Boundary, thence southerly along Ranc ho Ave. to Citrus Street, thence easterly along Citrus Street to Pennsylvania Ave, thence southerly on Pennsylvania Ave to Olive St., thence westerly along Olive St. to the City of Colton Corporate Boundary approximately 175 feet west of the intersection o f Olive St. and Rancho Ave., thence counter -clockwise along the Corporate Boundary to Agua Mansa Road, thence easterly along Agua Mansa Road to Rancho Avenue, thence southerly and easterly along Rancho Avenue to La Cadena Drive, thence southerly along La Cadena Drive to the north line of the San Bernardino County Flood Control District Right-of-Way as described in Official Records 7556-795, PCL. 61 Records of San Bernardino County, State of California, thence southerly and westerly along said north line through its various courses to its intersection with the City of Colton Corporate Boundary at Riverside Avenue, thence, clockwise along the City of Colton Corporate Boundary to the point of beginning.
All of that portion of San Bernardino County bounded and described as follows:
Beginning at the point of intersection of the Rialto/Colton city line and shoreline, and proceeding northerly alon g the Rialto/Colton city line to the San Bernardino/Colton city line, and proceeding easterly along the San Bernardino/Colton city line to N Rancho Ave, and proceeding southerly along N Rancho Ave to W Citrus St, and proceeding easterly along W Citrus St t o N Pennsylvania Ave, and proceeding southerly along N Pennsylvania Ave to W Olive St, and proceeding westerly along W Olive St to the Colton city line, and proceeding westerly along the Colton city line to W Agua Mansa Rd, and proceeding easterly along W Agua Mansa Rd to S Rancho Ave, and proceeding southerly along S Rancho Ave to S la Cadena Dr, and proceeding southerly along S la Cadena Dr to shoreline, and proceeding westerly along shoreline to the point of beginning.
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Attachment: Ordinance O-04-22 (3535 : Second Reading of Ordinance No. O-04-22) Ordinance No.
Excluding all unincorporated areas within this District boundary.
2. District 2. All that land located in the City lying within the following described boundaries:
Beginning at the intersection of the Rancho Ave and the City of Colton Corporate Boundary, thence southerly along Rancho Ave to Citrus Street, thence easterly along Citrus Street to Pennsylvania Ave, thence southerly on Pennsylvania Ave. to Olive St., thence easterly along Olive St. to Pennsylvania Ave.; thence proceeding southerly along Pennsylvania Ave. to B St.; thence proceeding easterly along B St. to La Cadena Ave; thence proceeding northerly along La Cadena Ave. to Olive St.; thence proceeding easterly along Olive St. to 10th St.; thence proceeding southerly along 10th St. to B St.; thence proceeding easterly along B St. to Colton Ave.; thence proceeding northeasterly along Colton Ave. to Mt. Vernon Ave.; thence proceeding southerly along Mt. Vernon A ve to Fairway Dr.; thence proceeding easterly along Fairway Dr. to the City of Colton Corporate Boundary; thence proceeding counterclockwise along the Corporate Boundary to the point of beginning.
All of that portion of San Bernardino County bounded and described as follows:
Beginning at the point of intersection of N Rancho Ave and W Citrus St, and proceeding northerly along N Rancho Ave to the San Bernardino/Colton city line, and proceeding northerly along the San Bernardino/Colton city line to E Fairway Dr, and proceeding westerly along E Fairway Dr to N Mount Vernon Ave, and proceeding northerly along N Mount Vernon Ave to E C St, and proceeding westerly along E C St to W C St, and proceeding westerly along W C St to N Pennsylvania Ave, and proceeding n ortherly along N Pennsylvania Ave to W Citrus St, and proceeding westerly along W Citrus St to the point of beginning.
Excluding all unincorporated areas within this District boundary.
3. District 3. All that land located in the City lying within the fol lowing described boundaries:
Beginning at the intersection of the City of Colton Corporate Boundary and Agua Mansa Road, thence northerly along the City of Colton Corporate Boundary through its various courses to Olive Street, thence easterly along Olive Street to Pennsylvania Avenue, thence southerly along Pennsylvania Avenue to B Street, thence easterly along B Street to Colton Ave; thence proceeding northeasterly along Colton Ave to Mt Vernon Ave; thence proceeding southerly along Mt. Vernon Ave. to Fairway Dr; thence proceeding easterly along Fairway Dr. to the City of Colton Corporate Boundary; thence proceeding counter -clockwise along the Corporate Boundary to Interstate 215; thence proceeding southerly along the Interstate 215
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Attachment: Ordinance O-04-22 (3535 : Second Reading of Ordinance No. O-04-22) Ordinance No.
Freeway to Washington St.; thence proceeding westerly along Washington St. to Santo Antonio Dr.; thence proceeding northerly along Santo Antonio Dr. to Porta Mediterranean; thence proceeding westerly along Porta Mediterranean to Porta Roma; thence proceeding northerly along Porta Roma and its northerly exten sion about 115 feet to the drainage canal thence westerly along the drainage canal and southwesterly along the south line of the San Bernardino County Flood Control District Right-of-Way as described in Official Records 7556-795, PCL. 61 Records of San Bernardino County, State of California, thence southerly and westerly along said south line through its various courses to its intersection with the Burlington Santa Fe Railroad; thence proceeding southerly along the Railroad to the Corporate Boundary; thence proceeding clockwise along the Corporate Boundary to the intersection of the Corporate Boundary with the north line of the San Bernardi no County Flood Control District Right-of-Way as described in Official Records 7556- 795, PCL. 61 Records of San Bernardino County, State of California, northerly and easterly along said north line through its various courses to its intersection with La Cadena Dr.; thence proceeding northerly along La Cadena Dr. to Rancho Ave; thence proceeding northwesterly along Rancho Ave. to Agua Mansa Rd.; thence proceeding westerly along Agua Mansa Rd. to the point of beginning.
All of that portion of San Bernardino County bounded and described as follows:
Beginning at the point of intersection of the Colton city line and the Riverside/San Bernardino county line, and proceeding northerly along the Colton city line to the Rialto/Colton city line, and proceeding northerly along the Rialto/Colton city line to shoreline, and proceeding easterly along shoreline to S la Cadena Dr, and proceeding northerly along S la Cadena Dr to S Rancho Ave, and proceeding westerly along S Rancho Ave to W Agua Mansa Rd, and proceeding westerly along W Agua Mansa Rd to the Colton city line, and proceeding northerly along the Colton city line to W Olive St, and proceeding easterly along W Olive St to N Pennsylvania Ave, and proceeding southerly along N Pennsylvania Ave to W C St, and proceeding easterly along W C St to E C St, and proceeding easterly along E C St to N Mount Vernon Ave, and proceeding southerly along N Mount Vernon Ave to E Fairway Dr, and proceeding easterly along E Fairway Dr to the San Bernardino/Colton city line, and proceeding easterly along the San Bernardino/Colton city line to I - 215, and proceeding southerly along I - 215 to stream/river, and proceeding w esterly along stream/river to S Mount Vernon Ave, and proceeding southerly along S Mount Vernon Ave to E Washington St, and proceeding westerly along E Washington St to nonvisible boundary, and proceeding westerly along nonvisible boundary to the Grand Ter race/Colton city line, and proceeding northerly along the Grand Terrace/Colton city line to the Riverside/San Bernardino county line, and proceeding westerly along the Riverside/San Bernardino county line to the point of beginning.
13.a
Packet Pg. 300
Attachment: Ordinance O-04-22 (3535 : Second Reading of Ordinance No. O-04-22) Ordinance No.