Colton City Council
December 6, 2022

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, DECEMBER 6, 2022 – 5:00 P.M.

CITY HALL, COUNCIL CHAMBERS
CLOSED SESSION - 5:00 p.m.

NO CLOSED SESSION

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.

2 OPEN SESSION
6:00 P.M.

OPEN SESSION CALLED TO ORDER
INVOCATION Pastor Peter Tasaka- The Vineyard Church
FLAG SALUTE American Legion Post 155 Members Louie Barrera and Steve Ferrance

ROLL CALL

CEREMONIAL MATTERS
Presentations, Awards, Proclamations
 Introduction - A.t.T.i.C Board Members
 Grant Award - Southern California Gas Company

MAYOR AND COUNCIL ITEMS

GIFT DISCLOSURES
Prior to rendering a decision in any proceeding involving a license, permit, contract or other entitlement 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) 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
No Public Hearing Scheduled

BUSINESS ITEMS
(1) Ordinance - Feeding of Donkeys - Waive Full Reading, Read by Title Only and Pass First Reading of Ordinance No. O-18-22 Adding Chapter 7.20 to Title 7 of the City of Colton Municipal Code Prohibiting the Feeding, Watering, and Harassment of Undomesticated Burros, ORDINANCE NO. O-18-22. [Staff Person: Hank Dominguez]

3 PUBLIC COMMENT Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments regarding Consent 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.

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 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.

(2) Minutes - Approval of Minutes for the City Council Regular Meeting held on November 15, 2022. [Staff Person: Carolina Padilla]
(3) Warrants - Approve US Bank voucher dated 10/20/2022 totaling $46,269.70; voucher numbers 202183 to 202264 dated 10/26/2022 and totaling $73,866.87; voucher numbers 202265 to 202390 dated 10/27/2022 and totaling $511,748.78; voucher numbers 202391 to 202464 dated 11/03/2022 and totaling $6,035,094.03; voucher numbers 202465 to 202559 dated 11/10/2022 and totaling $1,640,497.27 and a payroll disbursement listing dated 10/01/2022 to 10/14/2022 and totaling $1,086,238.97. [Staff Person: Stacey Dabbs]
(4) Agreement - San Bernardino County Transportation Authority - Approve and Adopt Cooperative Agreement No.18-1001904-03 (Amendment No. 2) with the San Bernardino County Transportation Authority for the I-10/ Mt. Vernon Avenue Interchange Project, RESOLUTION NO. R-117-22. [Staff Person: Brian Dickinson]
(5) Contract Amendment - Willdan Engineering - Approve and Adopt Resolution R-120-22 for Contract Amendment with Willdan Engineering for Building and Safety Support Services and Corresponding Budget Amendment, RESOLUTION NO. R-120-22.
[Staff Person: Mark Tomich]
(6) Contract Amendment - ERSC - Approve Amendment to Professional Services Agreement (PSA) for Engineering Services with Engineering Resources of Southern California (ERSC) for Fiscal Year 22/23. [Staff Person: Brian Dickinson]
(7) Contract Amendment -Tule Ranch - Approve the First Amendment to the Contract with Tule Ranch in Order to Provide Hauling and Disposal Services for Class B Bio-Solids at the Wastewater Treatment Plant. [Staff Person: Brian Dickinson]
(8) Contract Award - Marina Landscape Inc. - Approve Contract Award to Marina Landscape, Inc. for the Cooley Drive Landscape Project.
[Staff Person: Brian Dickinson]
(9) Contract Award - Allan Slurry Seal Inc. - Approve Contract Award to Roy Allan Slurry Seal Inc. for the FY 22/23 Slurry Seal Project.
[Staff Person: Brian Dickinson]

4 (10) Grant Award - Southern California Gas Company - Approve and Adopt a Resolution Accepting a Climate Resiliency Grant Award from the Southern California Gas Company Community Investment Fund and the California Community Foundation, RESOLUTION NO. R-121-22. [Staff Person: Brian Dickinson]
(11) Lease Agreement Extension - Alliance Energy - Approve and Adopt Resolution and Approve the Extension of Land Lease Agreements at the Drews and Century Substations, RESOLUTION NO. R-122-22. [Staff Person: Brian Dickinson]
(12) Master Salary Table Amendment – Mandated Minimum Wage Increase - Approve Update to Part Time Staff Salary Table – Mandated Minimum Wage Increase to $15.50 Effective January 1, 2023. [Staff Person: Tom Cody]
(13) Sale of Excess Resource Adequacy - Receive and File Report on the Recent Sale of Excess Resource Adequacy.
[Staff Person: Brian Dickinson]
(14) Funding Application - CA Dept of Education - Approve and Adopt a Resolution Adopting the CA Department of Education FY 23-24 Continued Funding Application for the Early Care and Education Division, RESOLUTION NO. R-126-22.
[Staff Person: Deb Farrar]
(15) Second Reading of Ordinance No. O-14-22 - Waive Full Reading, Read by Title Only and Approve Second Reading of an Ordinance of the City Council of the City Of Colton Adopting by Reference the 2022 California Building Code, Incorporating the "International Building Code, Volumes 1 and 2, 2021 Edition Including Appendices Thereto; the 2022 California Fire Code, Incorporating the “International Fire Code” 2021 Edition Including Appendices there to; the 2022 California Residential Code, Incorporating the “International Residential Code” 2021 Edition Including Appendices thereto; the 2022 California Mechanical Code, Incorporating the "Uniform Mechanical Code", 2021 Edition; Including Appendices thereto; the 2022 California Plumbing Code, Incorporating the "Uniform Plumbing Code", 2021 Edition, Including Appendices thereto; the 2022 California Electrical Code, Incorporating the "National Electrical Code", 2020 Edition, Including Annexes Thereto; 2022 California Green Building Standards Co de Including Appendices thereto; 2022 California Energy Efficiency Standards Including Appendices thereto; Adopting By Reference the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition; and the International Property Maintenance Code, 2021Edition; with Appendices And Amendments thereto. Together with Certain Amendments, Deletions, Additions, and Exceptions, ORDINANCE NO. O-14-22. [Staff Person: Carolina Padilla]

MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor and Council on various issues and activities throughout the community. Comments shall be limited to 5 Minutes per speaker.

CITY MANAGER'S REPORTS

ADJOURNMENT

5 I, Stephanie Vargas, the Deputy City Clerk, hereby certify that a true and correct, accurate copy of the f oregoing 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 you 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 add ress 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 office r shall have certain discretion to extend or limit time as provided for in the City Council 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 dec orum 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 w ithout first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.

NOTICE TO PUBLIC

Staff reports or other written documentation relating t o each item referred to, on the Agenda, are available for public inspection at the following 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 Web site, www.coltonca.gov. Any person having questions 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 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 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.

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

6 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

LEGAL CHALLENGES

If you c hallenge 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 c onsideration 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: DECEMBER 6, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: HANK DOMINGUEZ, POLICE CHIEF
SUBJECT: WAIVE FULL READING, READ BY TITLE ONLY AND PASS FIRST READING OF ORDINANCE NO. O-18-22 ADDING CHAPTER 7.20
TO TITLE 7 OF THE CITY OF COLTON MUNICIPAL CODE

PROHIBITING THE FEEDING, WATERING, AND HARASSMENT
OF UNDOMESTICATED BURROS, ORDINANCE NO. O-18-22.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

It is recommended that the City Council waive full reading, read by title only and introduce Ordinance No. O -18-22, adding Chapter 7.20 to Title 7 of the City of Colton Municipal Code prohibiting the feeding, watering, and harassment of undomesticated burros.

BACKGROUND/DISCUSSION

The population growth of undomesticated burro herds, and the increased urbanization of the City’s jurisdiction, has resulted in an increase in injured wild burros from traffic accidents within the City. The herds ha ve migrated into populated areas using rail lines and roadways seeking food that is provided by well -meaning people. Food and water that is made available in more populated areas reduces or eliminates the burros’ fear of humans and cars and encourages the burros to abandon their natural instinct to graze. The change in the food seeking behaviors of the burros because of these well- meaning people presents a safety issue for the residents, and burros of the City.

The burros continue to move further into po pulated areas in search of food resulting in an increase in traffic accidents with serious injuries to citizens, burros, and the infrastructure of roadways and regional rail lines. In an attempt to bring this problem under control, it is necessary to (1) prohibit feeding, or providing food/water in any manner, to burros that are not 1 Packet Pg. 7
Staff Report to the Mayor and City Council
Ordinance - Feeding of Donkeys
December 6, 2022

within the legal possession of that person, (2) prohibit the harassment of the animals to reduce the human interaction that has resulted in the burros abandoning their grazing grounds.

The purpose of this ordinance is to establish reasonable and uniform regulations to protect the undomesticated burro population by encouraging the instinctual behavior of the undomesticated burros by reducing human interactions with them. This pu rpose will be fulfilled by enforcing restrictions on human and undomesticated burro interactions and will be enforced with infractions and administrative penalties and the resulting fines.

FISCAL IMPACTS

There is no anticipated fiscal impact as a result of this item.

ALTERNATIVES

1. Provide alternative direction to the City Manager and staff.

ATTACHMENT

1. Colton - Ordinance re Burros- O-18-22
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ORDINANCE NO. 0-18-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COLTON , CALIFORNIA ADDING CHAPTER 7.20 TO
TITLE 7 OF THE CITY OF COLTON MUNICIPAL CODE

PROHIBITING THE FEEDING, WATERING, AND

HARASSMENT OF UNDOMESTICATED BURROS

WHEREAS, the City of Colton finds that the population growth of undomesticated burro herds and the increased urbanization of the City has resulted in an increase in injured wild burros from traffic accidents within the City
WHEREAS, the wild burro herds have migrated into popu lated areas seeking food and water that is provided by well -meaning people. Food and water that is made available in more populated areas reduces or eliminates the burros’ fear of humans and cars and encourages the burros to abandon their natural instinct to graze; and
WHEREAS, the change in burros’ food seeking behaviors because of these well -meaning people presents a safety issue for the residents and burros in the City; and WHEREAS, the burros continue to move further into populated areas in search of f ood resulting in an increase in traffic accidents with serious injuries to citizens and burros; and WHEREAS, this ordinance is adopted pursuant to the authority granted by Article 11, Section 7 of the Constitution of the State of California, section 2156 a nd section 4600 of the California Fish and Game Code, section 53074.5 of the Government Code, and the California Code of Regulations, Title 14, Division 1, section 251.1 regarding the harassment of animals; and WHEREAS, generally the area of fish and game has been preempted by the state, however, Fish and Game Code section 2156 authorizes regulation of fish and game by local government in situations where the enacted ordinances relating to the possession or care of wild animals are more restrictive than the regulations. This ordinance is based on a regulation of the Department of Fish and Game, Cal. Code Regs. Title 14, § 251.1 and prohibits the harassment, including feeding of, undomesticated mammals, or birds. This ordinance is more restrictive than the regulation because it is specific to burros in Colton and focuses on prohibiting feeding as its primary objective, with a secondary goal of prohibiting the harassment as set forth in the regulation. The ordinance is not duplicative of state law, or preempted by state legislation; and WHEREAS, in attempt to bring this problem under control, it is necessary to (1) prohibit feeding, or providing food and water in any manner, to burros that are not within the legal possession of that person, (2) prohibit the har assment of the animals to reduce the human interaction that has resulted in the burros abandoning their grazing grounds.

NOW, THEREFORE, the City Council of the City of Colton, Californ ia, does ordain as follows:

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SECTION 1. Incorporation of Recitals . The City Council hereby finds that all of the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

SECTION 2. Adding Chapter 7 .20 to the Colton Municipal Code . Colton Municipal Code Chapter 7.20 “ Prohibition on the Feeding, Watering, and Harassment of Undomesticated Burros” is hereby added to Title 7 “Animals” of the Colton Municipal Code to read as follows:

“Chapter 7.20 – Prohibition on the Feeding, Watering, and Harassment of Undomesticated Burros.

7.20.010 – Purpose

The purpose of this chapter is to establish reasonable and uniform regulations to protect the undomesticated burro population by encouraging the instinctual be havior of the undomesticated burros by reducing human interactions with them. This purpose will be fulfilled by enforcing restrictions on human and undomesticated burro interactions and will be enforced with infractions and administrative penalties and resulting fines.

7.20.020 – Definitions
As used in this chapter, the following terms shall have the following definitions. “Animal Control Department” or “Department” means the City of Colton Animal Control Department, or whatever entity performs any of the animal control functions for the City of Colton, whether internally or pursuant to contract with the City. “Animal Control Director” means the person duly appointed by the City Manager to administer the Animal Control Department and/or the animal control contract of the City. “Animal rescuer” means any individual possessing a rescue permit from the Department, who routinely takes temporary possession of an animal from the rightful owner of said animal, or any animal from an animal shelter that has been retained by the city in accordance with this chapter.
“Animal rescue operation” means any building, structure, enclosure or premises run by an animal rescuer, whether or not a valid nonprofit corporation has been formed pursuant to the provisions of the California Corporations Code for the prevention of cruelty to animals.
“City” means City of Colton.
“Feeding” means the intentional act of providing food to any wild burro by a person in any location within the City without the approval of the City. “Harass” means an intentional act which disrupts an animal’s normal patterns, which includes, but is not limited to, breeding, feeding or sheltering. “Person” means any person, firm, cooperation, association, society or other organization.

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“Undomesticated Burro” means a wild burro or a burro which has not been tamed or domesticated for a period of three years after its capture and is not protected by the federal government under the federal Wild Free-Roaming Horses and Burros Act. (California Gov. Code, §53074.5.)
“Watering” means the intentional act of providing water to any wild burro by a person in any location within the City without the approval of the City.

7.20.030 – Prohibition on Feeding, Watering, and Harassment of Undomesticated Burros

A. Feeding and Wate ring of Undomesticated Burros . Except as provided in Section

7.20.040 of this chapter, it is unlawful for any person to feed, water or in any manner provide food or water to, a burro that is not owned or lawfully possessed by that person.

B. Harassment of Animals. Except as otherwise authorized in this chapter or in the California Fish and Game Code and regulations promulgated pursuant thereto, no person shall feed, harass, herd, drive capture, keep, or attempt to domesticate, any undomesticated burro.

7.20.040 – Exemptions

This chapter shall not apply to:

A. Any animal rescue operation or animal rescuer that is authorized to assist the Department in the care and relocation of undomesticated burro herds.

B. A landowner or tenant who drives or herds undo mesticated burros for the purpose of preventing damage to private or public property, including aquaculture and agriculture crops.

C. In order to be exempted from the provisions of this section, a person must provide notice to the Department of their acti on as soon as they are reasonably able, but no later than forty-eight (48) hours after the event.

7.20.050 – Enforcement
A. The Animal Control Director shall supervise the administration and enforcement of this chapter and the enforcement of the laws of the State of California pertaining to the care and control of animals.

B. The Animal Control Director is authorized to post signs advising the public that feeding undomesticated burros is prohibited by this chapter and the California Code, Regulations, Title 14, Division 1, Section 251.1 regarding the harassment of animals.

C. The City Council may enter into a written agreement or agreements with any veterinarian, organized humane society, association, person, corporation or organization which will provide assistance to the City in providing care for undomesticated burros.

D. It shall be unlawful for any person to interfere with, oppose, or resist any officer, employee or person empowered to enforce the provisions of this chapter while such officer,

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employee or person is engaged in the performance of his or her duties as provided in the Colton Municipal Code or state law.

E. Nothing in this chapter shall prevent the Animal Control Director from acting, when he or she deems it appropriate to do so, under the applicable provisions of the California Penal Code, Section 597, et seq.

7.20.060 – Violation
A. An administrative citation, infraction, civil action or other such authorized penalty may be issued to any person in violation of this chapter.

B. An infraction is punishable pursuant to Section 8.02.050.

C. In addition to any other remedy available at law, any person in violation of this chapter is subject to an administrative fine as defined below:
(1) A fine not exceeding one hundred dollars ($100) for a first violation. (2) A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.
(3) A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.

D. The City Council is authorized to bring a legal action in a court of competent jurisdiction to enforce the provisions of this chapter.

E. Each such person shall be guilty of a separate offense for each and every incident in which any violation of any provision of this chapter is committed, continued or permitted by any such person, and such person shall be punishable accordingly.”

SECTION 3. Except as amended above, all other sections of the Colton Municipal Code shall remain unchanged.

SECTION 4. Compliance with California Environmental Quality Act . Based on the entire record before the City Council, and all written and oral evidence presented to the City Council, the City Council hereby finds that this ordinance is exempt from review under the California Environmental Quality Act (“CEQA”), pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15 378) of the CEQA Guidelines, California Code of Regulations, Title 14, Article 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance . The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or

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portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 6. Effective Date. This ordinance shall become effective thirty (30) days after its adoption.

SECTION 7. Publication. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fiftee n (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a local newspaper of general circulation and which is hereby designated for that purpose.
//
PASSED, APPROVED AND ADOPTED this 6th day of December, 2022.

Frank Navarro, Mayor
ATTEST:

Carolina R. Padilla, City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

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Attachment: Colton - Ordinance re Burros- O-18-22 (3856 : Ordinance - Feeding of Donkeys)

ITEM NO. 2

STAFF REPORT

DATE: DECEMBER 6, 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 NOVEMBER 15, 2022.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approval of Minutes for the City Council Regular Meeting held on November 15, 2022.

BACKGROUND

Minutes for the City Council Regular Meeting held on November 15, 2022.

FISCAL IMPACTS

None

ATTACHMENT

1. 11-15-2022 Draft Minutes
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2022 NOVEMBER 15 CC/CUA/CPFA/CHA MEETING 1 -

CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

REGULAR MEETING MINUTES

November 15, 2022

Regular Meeting held on the above -given date at 6:0 0 p.m. in the Council Chamber of City Hall, with Mayor Navarro presiding.

INVOCATION: Pastor Johnny De La Rosa - Echoes of Love Ministry FLAG SALUTE: Councilmember David J. Toro (Veteran)

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, Mayor Pro Tem
Dr. Luis S. González
John R. Echevarria
Isaac T. Suchil

Council Members Absent
None

CEREMONIAL MATTERS
Presentations, Awards, Proclamations

 Proclamation - Small Business Saturday
Mayor Navarro read a Certificate declaring Small Business Saturday in the City of Colton ; designated the Saturday after Thanksgiving, November 26, 2022.

 Recognition - Kindness Ambassadors of Cooley Ranch
CM Echevarria presented You Make a Difference Certificate to each Kindness Ambassadors, students of Cooley Ranch Elementary: Selena Chairez; Mykel Cooper; Ariel Duenas ; Danielle Enriquez; Clara Flores; Gabriella Gonzales; Jamel Green; Adr iauna Hernandez; Daisy Hernandez; Daedyn Hill; Kaedyn Hill, Jessica Howard; Levi Larios; Ethan Montes; Vivianna Montes; Julieta Morales; Joshua Ochoa; Rhys Oliver; Valerie Ramirez; Domingo Raymundo-Lopez; Citialin Rochin Quintero; Lithsy Sarabia Favela; St ella Spence; Uyedon Vault, IV; and Delilah Zimpleman.

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MAYOR AND COUNCIL ITEMS

POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF NOVEMBER 15, 2022.

GIFT DISCLOSURES
Mayor Navarro asked the members present if there were any agenda items that were a conflict of interest pursuant to CMC Section 2.04.030. None disclosed.

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Attachment: 11-15-2022 Draft Minutes (3834 : Draft Minutes 11-15-22) 2022 NOVEMBER 15 CC/CUA/CPFA/CHA MEETING 2 -

AB 1234 ORAL REPORTS
Mayor Navarro asked the members present if there were any brief reports on meetings attended at the expense of the City. (GC Section 53232.3(d). None disclosed.

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PUBLIC HEARINGS

(1) 2022 Building Code Adoption – (Public Hearing Continued from November 1, 2022)

TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO INTRODUCE BY TITLE ONLY ORDINANCE NO. O-14-22, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, ADOPTING BY REFERENCE THE 2022 CALIFORNIA BUILDING CODE, INCORPORATING THE "INTERNATIONAL BUILDING CODE, VOLUMES 1 AND 2, 2021 EDITION INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA FIRE CODE, INCORPORATING THE “INTERNATIONAL FIRE CODE” 2021 EDITION INCLUDING APPENDICES THERE TO; THE 2022 CALIFORNIA RESIDENTIAL CODE, INCO RPORATING THE “INTERNATIONAL RESIDENTIAL CODE” 2021 EDITION INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA MECHANICAL CODE, INCORPORATING THE "UNIFORM MECHANICAL CODE", 2021 EDITION; INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA PLUMBING CODE, I NCORPORATING THE "UNIFORM PLUMBING CODE", 2021 EDITION, INCLUDING APPENDICES THERETO; THE 2022 CALIFORNIA ELECTRICAL CODE, INCORPORATING THE "NATIONAL ELECTRICAL CODE", 2020 EDITION, INCLUDING ANNEXES THERETO; 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE INCLUDING APPENDICES THERETO; 2022 CALIFORNIA ENERGY EFFICIENCY STANDARDS INCLUDING APPENDICES THERETO; ADOPTING BY REFERENCE THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION; AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 20 21 EDITION; WITH APPENDICES AND AMENDMENTS THERETO. TOGETHER WITH CERTAIN AMENDMENTS, DELETIONS, ADDITIONS, AND EXCEPTIONS, ORDINANCE NO. O-14-22.

Mayor Navarro declared the Public Hearing open.

City Clerk Padilla submitted the Notice of Continuance of the Public Hearing (on file in the City Clerk’s Office) and there were no reports of protests or objections thereto.

Staff Presentation
City Manager Smith presented for Council an update and overview of the agenda item and requested approval of staff’s recommendation.

Public Comment
None

Motion and Second by CM González/MPT Koperski to close the public hearing.

Vote: Unanimous

Motion and Second bu CM Cisneros/CM Toro to waive full reading, read by title only and introduce Ordinance No. O-14-22.

Vote: Unanimous

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PUBLIC COMMENT
The following community members addressed the Council: Christine Irish-Ré

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CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 2 through 11.

Councilmembers present selected items for discussion and clarification by staff: CM Echevarria, Item 9.

Motion and Second by CM González/MPT Koperski to approve consent calendar Item 2 through 11.

Vote: Unanimous.

(2) Minutes - Approval of Minutes for the City Council Regular Meeting held on November 1, 2022.

(3) Warrants - Approve US Bank voucher dated 9/23/2022 totaling $51,960.70; voucher numbers 201953 to 202047 dated 10/1 3/2022 and totaling $5,566,097.07; voucher numbers 202048 to 202182 dated 10/20/2022 and totaling $848,852.59; and a payroll disbursement listing dated 09/17/2022 to 09/30/2022 and totaling $894,215.16.

(4) City Treasurer's Report - Receive and File City Treasurer's Report for August 2022.

(5) Contract Award & Reimbursement Agreement - EcoTierra Consulting - Approve Contract for Environmental Services with EcoTierra Consultants and Reimbursement Agreement with Applicant for Colton Truck and Trailer Repair Entitlement Applications.

(6) Contract Award - D. M. Contracting, Inc. - Approve and Adopt Award of Construction Contract to D.

M. Contracting, Inc. for the South La Cadena Drive Sidewalk Improvement Project in the Amount of $326,600, RESOLUTION NO. R-116-22.

(7) Contract Amendment - KOA Corporation - Approve and Adopt Amendment No. 2 for the KOA Corporation Professional Service Agreement for the ATP Funded West Colton Class I Bicycle Route Project, RESOLUTION NO. R-117-22.

(8) Grant - CalRecycle - Approve and Adopt Resolution Authorizing Applications for CalRecycle Grants, RESOLUTION NO. R-118-22.

(9) Purchase - AXON Enterprise Inc. - Approve Five -Year Purchase Agreement for AXON Body Worn Cameras, Related Equipment and Evidence Storage.

(10) Second Reading of Ordinance No. O-16-22 - Waive Full Reading, Read By Title Only and Pass Second Reading of an Ordinance of the City Council of the City of Colton, Authorizing the Levy of Special Taxes in a Community Facilities District, Including Certain Annexati on Territory Identified as Annexation No. 1, into City of Colton Community Facilities District No. 2021 -2 (Maintenance Services), ORDINANCE NO. O-16-22.

(11) Second Reading of Ordinance No. O -17-22 - Waive Full Reading, Read By Title Only and Approve Second Reading of an Ordinance of the City Council of the City of Colton, Amending Chapter 2.30 of

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Title 2 (Administration And Personnel) to Adjust Local Rules for Appointment to and Service on City Appointive Boards, Commissions and Committees, in Order to Co nform to the New City Council Format Enacted by 2018 Measure “R” and Making Other Technical Amendments, ORDINANCE NO.

O-17-22.

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 6:36 p.m. Mayor Navarro adjourned the Regular Council Meeting in Memorium of Sal Ayala.

_________________________________
Carolina R. Padilla
City Clerk

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ITEM NO. 3

STAFF REPORT

DATE: DECEMBER 6, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE US BANK VOUCHER DATED 10/20/2022 TOTALING $46,269.70; VOUCHER NUMBERS 202183 TO 202264 DATED
10/26/2022 AND TOTALING $73,866.87; VOUCHER NUMBERS
202265 TO 202390 DATED 10/27/2022 AND TOTALING $511,748.78; VOUCHER NUMBERS 202391 TO 202464 DATED 11/03/2022 AND
TOTALING $6,035,094.03; VOUCHER NUMBERS 202465 TO 202559 DATED 11/10/2022 AND TOTALING $1,640,497.27 AND A
PAYROLL DISBURSEMENT LISTING DATED 10/01/2022 TO
10/14/2022 AND TOTALING $1,086,238.97.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve US Bank voucher dated 10/20/2022 totaling $46,269.70; voucher numbers 202183 to 202264 dated 10/26/2022 and totaling $73,866.87; voucher numbers 202265 to 202390 dated 10/27/2022 and totaling $511,748.78; voucher numbers 202391 to 202464 dated 11/03/2022 and totaling $6,035,094.03; voucher numbers 202465 to 202559 dated 11/10/2022 and totaling $1,640,497.27 and a payroll disbursement listing dated 10/01/2022 to 10/14/2022 and totaling $1,086,238.97.

BACKGROUND

The California Government Code requires that the legislative body ratif y 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. 3 Packet Pg. 19
Staff Report to the Mayor and City Council
Warrants - Accounts Payable
December 6, 2022

FISCAL IMPACTS

None.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Fund Number and Title Legend

2. Voucher lists

3. Voucher lists- continued

4. Payroll Registers
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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: DECEMBER 6, 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 COOPERATIVE AGREEMENT NO.18- 1001904-03 (AMENDMENT NO. 2) WITH THE SAN BERNARDINO
COUNTY TRANSPORTATION AUTHORITY FOR THE I-10/ MT.

VERNON AVENUE INTERCHANGE PROJECT, RESOLUTION NO.

R-117-22.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve Cooperative Agreement No.18-1001904-03 (Amendment No. 2) between the City of Colton (City) and the San Bernardino County Transportation Authority (SBCTA) for the I-10/ Mt. Vernon Avenue Interchange Project (Project); and

2. Authorize the City Manager to execute the agreement and the City Attorney to approve any minor non-substantive changes on the Cooperative Agreement No.18-1001904-03; and

3. Approve Resolution No. R -119-22 that establishes additional appropriation s for the I -10 Freeway/ Mt. Vernon Avenue Interchange Project in the amount of $ 3,288,790.

BACKGROUND

The Interstate 10 (I -10) Mount Vernon Avenue Interchange Project is ranked No.8 on the SBCTA Valley Interchange Program priority list. As directed by the SBCTA Board, project development is to commence on all the remaining interchange projects listed in the top ten - priority list. The scope for the project includes replacing the existing bridge with four lanes, two north bound left-turn pocket, sidewalk and bikelane. Attached as Exhibit A is the conceptual plan 4 Packet Pg. 116
Staff Report to the Mayor and City Council
Agreement - San Bernardino County Transportation Authority December 6, 2022

and Exhibit B is the project visual rendering. Included in the visual rendering is community identification (Colton name and logo), Caltrans approved this concept on 3/11/2021.

ISSUES/ANALYSIS

Cooperative Agreement No. 18-1001904 between the City of Colton and SBCTA defines each Agency’s roles and responsibilities for funding, project approval and environmental document (“PA/ED”), plans, specifications and estimate (“PS&E”), and right of way (“ROW”) phases of the I-10/ Mt. Vernon Avenu e Interchange Project. The Project’s final design and right of way phase is ongoing, and scheduled to be completed by July 2023. Bidding and construction phase will commence by August 2023 and completed by June 2026. During construction, two lanes (one lane each direction) along Mt. Vernon Avenue will remain open for vehicular traffic.

Cooperative Agreement No. 18 -1001904-3 (Amendment No. 2), attached as Exhibit C, incorporates the construction and landscape maintenance phases for the projects. It also incl udes the current estimated project cost and City’s share for the Project. The current estimated Project cost is $73,547,657. SBCTA (Public Share) is $69,759,647 (94.9% and $3,788,010 (5.10%) for Colton (Development Share). City’s share will be funded from development impact fees (traffic).

FISCAL IMPACTS

Approval of Resolution No. R -119-22 (Exhibit D) will appropriate the City’s share for the construction, landscape maintenance and other remaining phases of the I-10/ Mt. Vernon Avenue Interchange Project in the amount of $3,288,790.00. Sufficient reserve balance in the Traffic Impact Fee Fund is available to appropriate for the project. The City’s share is funded by Infrastructure (Nexus) Traffic Impact Fee and below is the funding breakdown:

Account No. Resolution No. Funding Amount
249-6150-1503-3890 R-114-16 $ 31,314.00
249-6150-1503-3890 R-67-18 $ 467,906.00
249-6150-1503-3890 R-119-22 $ 3,288,790.00
Total $ 3,788,010.00

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A -Conceptual Plan
4 Packet Pg. 117
Staff Report to the Mayor and City Council
Agreement - San Bernardino County Transportation Authority December 6, 2022

2. Exhibit B - Project Visual Rendering

3. Exhibit C - 18-1001904-3_Coperative Agreement Amendment No. 2

4. Exhibit D- Resolution R-119-22
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xMOUNT VERNON AVENUE IMPROVEMENTS PROJECT
AT INTERSTATE 10
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JUNE 2020
LAYOUT

4.a
Packet Pg. 119
Attachment: Exhibit A -Conceptual Plan (3849 : Agreement - San Bernardino County Transportation Authority)

4.b
Packet Pg. 120
Attachment: Exhibit B - Project Visual Rendering (3849 : Agreement - San Bernardino County Transportation Authority)

18-1001904-03 Pg. 1

SECOND AMENDED AND RESTATED

COOPERATIVE AGREEMENT NO. 18-1001904-03

BETWEEN

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY

AND

CITY OF COLTON

FOR

PROJECT INITIATION DOCUMENT (PID), PROJECT APPROVAL AND

ENVIRONMENTAL DOCUMENT (PA/ED),

PLANS, SPECIFICATIONS AND ESTIMATE (PS&E), RIGHT OF WAY (ROW),

CONSTRUCTION AND LANDSCAPE MAINTENANCE PHASES
FOR THE MOUNT VERNON AVENUE AT INTERSTATE 10 (I-10) INTERCHANGE

IN THE CITY OF COLTON

I. PARTIES AND TERM

A. THIS SECOND AMENDED AND RESTATED COOPERATIVE AGREEMENT (“AGREEMENT”) is made and entered into by and between the San Bernardino County Transportation Authority (hereinafter referred to as “SBCTA” or “AUTHORITY”) and the City of Colton (“CITY”), (SBCTA and CITY may be referred to herein individually as a “PARTY” and collectively as “PARTIES”).

B. Unless this AGREEMENT is terminated early as provided in Section V, Paragraph F, this AGREEMENT shall terminate upon completion of the PARTIES’ obligations associated with the project initiation document (“PID”), project approval and environmental document (“PA/ED”), plans, specifications and estimate (“PS&E”), right of way (“ROW”), Construction and Landscape Maintenance phases described herein or December 31, 2026 , whichever is earlier in time. The indemnification provisions identified in Section V, Paragraphs D through E shall survive the termination of this AGREEMENT. Should any claims arising out of this AGREE MENT be asserted against one of the PARTIES prior to the termination of this AGREEMENT, the AGREEMENT shall be extended until such time as the claims are settled, dismissed or paid.

II. RECITALS

A. WHEREAS, CITY intends to improve the Mount Vernon Avenue at Interstate 10 Interchange within the limits of the City of Colton; and

B. WHEREAS, planned improvements include improving local traffic operations by adding left turn lanes at the intersection of east Valley Boulevard and Mount Vernon Avenue, as further described in Attachment A-2 and depicted in Attachment B-1, attached hereto and made part of this AGREEMENT, and is defined as the “PROJECT”; and

4.c
Packet Pg. 121
Attachment: Exhibit C - 18-1001904-3_Coperative Agreement Amendment No. 2 (3849 : Agreement - San Bernardino County Transportation

18-1001904-03 Pg. 2

C. WHEREAS, the PARTIES acknowledge that further study will determine the final configuration and design of the interchange improvements; and

D. WHEREAS, the PROJECT is identified in the Measure I 2010-2040 Expenditure Plan and the most recent 10 -Year Delivery Plan and Nexus Study approved by the SBCTA Board of Directors; and

E. WHEREAS, the PARTIES consider the PROJECT to be high priority and are willing to participate in funding the PROJECT pursuant to the provisions of the Nexus Study; and

F. WHEREAS, on March 9, 2016, the PARTIES entered into Cooperative Agreement No. 15 - 1001228 (Agreement No. 15-1001228) which provided for SBCTA to be lead agency to study and document the PROJECT as part of the Project Study Report/Project Development Support (PSR/PDS) document; and

G. WHEREAS, on August 8, 2018, the PARTIES entered into Cooperative Agreement No. 18 - 1001904 (Agree ment No. 18 -1001904) which provided for SBCTA to be lead agency on Project Management, PA/ED, PS&E, and ROW phases for the PROJECT; and

H. WHEREAS, on December 31, 2018, the term of Agreement No. 15-1001228 expired; and

I. WHEREAS, on March 21, 2019, the PARTIES amended this AGREEMENT to combine the roles and responsibilities of Agreement No. 15-1001228 with Agreement No. 18-1001902 and to enter into this AGREEMENT (Agreement No. 18 -1001904-01) to delineate roles, responsibilities, and funding commitments relat ive to Project Management, PID, PA/ED, PS&E, and ROW activities of the PROJECT; and

J. WHEREAS, the SBCTA Board of Directors considered the 94.9% Public Share for the PROJECT and directed staff on May 6, 2015, to assume project management responsibilities for all phases of this PROJECT. Project management costs will be included as part of the PROJECT cost and will be distributed per the public and private share percentages established by the Nexus Study per SBCTA Policy 40005/VFI-32 and VFI-33; and

K. WHEREAS, on April 19, 2022, the PARIES amended this AGREEMENT (Agreement No. 18-1001904-02) to reconcile the underpayment and overpayment of Developer Share and Public Share funds, respectively, in the amount of $37,080 identified in the November 2021 Final Project Expenditure Summary (FPES) for the I-10/Pepper Avenue Interchange Project.

L. WHEREAS, by this AGREEMENT the PARTIES desire to amend and restate their understanding and agreements referenced above regarding the PROJECT and to delineate roles, responsibilities, and funding commitments relative to the Construction and Landscape Maintenance phases of the PROJECT; and

M. WHEREAS, the remaining PROJECT cost for the PID, PA/ED, PS&E , ROW, Construction and Landscape Maintenance phases, including SBCTA project manage ment costs, shall be funded with 5.1% Development Share funds and 94.9% Public Share funds, as defined by the

4.c
Packet Pg. 122
Attachment: Exhibit C - 18-1001904-3_Coperative Agreement Amendment No. 2 (3849 : Agreement - San Bernardino County Transportation

18-1001904-03 Pg. 3

Nexus Study and the SANBAG Measure I 2010 -2040 Strategic Plan and Policy 40005/VFI -

33. N. WHEREAS, the PARTIES desire to further amend this AGREEMENT to extend the expiration date by one year to December 31, 2026.

NOW, THEREFORE, for good and valuable consideration and the mutual promises contained herein, the PARTIES agree to the following:

III. SBCTA RESPONSIBILITIES

SBCTA agrees:

A. To be lead agency on Project Management, PID, PA/ED, PS&E , ROW, Construction and Landscape Maintenance and to diligently undertake and complete, the PID, PA/ED, PS&E, ROW, Construction and Landscape Maintenance work for the PROJECT, including the selection and retent ion of consultants. Performance of these services under the consultant contracts shall be subject to the technical direction of the SBCTA’s Director of Project Delivery, or his designee, with input and consultation from CITY.

B. To contribute towards the cost of the PID, PA/ED, PS&E, ROW, Construction and Landscape Maintenance phases of the PROJECT as shown in Attachment A -2. The actual cost of a specific phase may ultimately vary from the estimates provided in Attachment A-2, and should SBCTA’s total share of the PID, PA/ED, PS&E , ROW, Construction and Landscape Maintenance phases exceed the estimates as shown in Attachment A -2, SBCTA agrees to amend the AGREEMENT in good faith.

C. To prepare and submit to CITY signed invoices for reimbursement of allowable P ROJECT expenditures. Invoices may be submitted to CITY as frequently as monthly.

D. To establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (“GAAP”) to support SBCTA’s request for reimbursement, payment vouchers, or invoices which segregate and accumulate costs of Project Management, PID, PA/ED, PS&E, ROW, Construction and Landscape Maintenance work elements and produce monthly reports which clearly identify reimbursable costs, matching fund costs, indirect cost allocation, and other allowable expenditures by SBCTA.

E. To prepare a final accounting of expenditures, including a final invoice for the actual Project Management, PID, PA/ED, PS&E , ROW, Construction and Landscape Maintenance costs.

The final accounting and invoice shall be submitted no later than one hundred and twenty (120) calendar days following the completion of this AGREEMENT and shall be submitted to CITY.

The invoice shall include a statement that these PROJECT funds were used in conformance with this AGREEMENT and for those PROJECT-specific Project Management, PID, PA/ED, PS&E, ROW, Construction and Landscape Maintenance work activities.

F. To cooperate in having a PROJECT -specific audit completed by CITY, at its option, upon completion of Project Management, PID, PA/ED, PS&E, ROW, Construction and Landscape

4.c
Packet Pg. 123
Attachment: Exhibit C - 18-1001904-3_Coperative Agreement Amendment No. 2 (3849 : Agreement - San Bernardino County Transportation

18-1001904-03 Pg. 4

Maintenance work. The audit should justify and validate that all funds expended on the PROJECT were used in conformance with this AGREEMENT.

G. To reimburse CITY for costs that are determined by subsequent audit to be unallowable within ninety (90) calendar days of SBCTA receiving notice of audit findings, which time shall include an opportunity for SBCTA to respond to and/or resolve the finding. Should the finding not be otherwise resolved and SBCTA fails to reimburse monies due CITY within ninety (90) calendar days of audit finding, or within such other period as may be agreed between both PARTIES hereto, the CITY’s Council reserves the right to withhold future payments due SBCTA from any source under CITY’s control.

H. SBCTA’s Director of Project Delivery is authorized to act on behalf of SBCTA under this Section of the AGREEMENT.

I. To designate a responsible staff member that will be SBCTA’s representative in attending the Project Development Team (“PDT”) meetings, receiving day -to-day communication, and providing Project Management services.

J. To complete review and provide comments on PROJECT documents in a timely manner that is consistent with the schedule.

K. To include CITY in PDT meetings and related communications on PROJECT progress as well as to provide CITY with copies of PDT meeting minutes and action items.

L. To provide CITY, with a reasonable amount of review time, an opportunity to review and comment on PID, PA/ED, PS&E , ROW, Construct ion and Landscape Maintenance documents.

M. To provide all necessary ROW services to acquire rights -of-way for PROJECT through negotiated purchases of property, or if necessary, through Eminent Domain. If necessary, SBCTA will conduct Resolutions of Necessi ty hearings and acquire property in the name of SBCTA for the purposes of construction of the PROJECT and convey such property, or portions thereof, to CITY. The interest conveyed to CITY shall be a permanent easement or other required instrument for public street and/or utility purposes.

N. To identify the utilities within the PROJECT area and coordinate with utility companies to determine their location, and if necessary, their relocation.

IV. CITY RESPONSIBILITIES

CITY agrees:

A. To reimburse SBCTA for the CITY’s share of actual costs incurred towards the PID, PA/ED, PS&E, ROW, Construction and Landscape Maintenance phases of the PROJECT and for SBCTA’s Project Management as shown in Attachment A -2. The actual cost of a specific phase may ultimately vary from the estimates provided in Attachment A-2, and should CITY’s total share for the PID, PA/ED, PS&E, ROW, Construction and Landscape Maintenance phase

4.c
Packet Pg. 124
Attachment: Exhibit C - 18-1001904-3_Coperative Agreement Amendment No. 2 (3849 : Agreement - San Bernardino County Transportation

18-1001904-03 Pg. 5

with SBCTA’s Project Management exceed the estimates as shown in Attachment A-2, CITY agrees to amend the AGREEMENT in good faith and contribute these additional costs.

B. When conducting an audit of the costs claimed under the provisions of this AGREEMENT, to rely to the maximum extent possible on any prior audit of SBCTA performed pursuant to the provisions of State and Federal laws. In the absence of such an audit, work of other auditors will be relied upon to the extent that work is acceptable to CITY when planning on conducting additional audits.

C. To designate a responsible staff m ember that will be CITY’s representative in attending the PDT meetings, receiving day-to-day communication and reviewing the PROJECT documents.

D. To complete review and provide comments on PROJECT documents within two (2) weeks of receiving the review request from SBCTA.

E. CITY’s Public Works Director is authorized to act on behalf of CITY under this Section of the AGREEMENT.

F. To accept all PROJECT acquired right -of-way located within CITY’s jurisdictional boundaries. The Colton City Council, by approval of this AGREEMENT, authorizes and directs the City Clerk to execute an acceptance, in substantial conformance with the form attached hereto as Attachment C and made a part of this AGREEMENT , within t hirty (30) days of receipt of quit claim deeds for property acquired by SBCTA.

G. To provide permits, inspections, reviews, acceptance of the transfer of title of properties and oversight at no cost to SBCTA or to consultants and contractors contracted by SBCTA to work on the PROJECT.

H. To provide C ITY-owned right -of-way necessary for project construction at no cost to the PROJECT.

I. To provide SBCTA copies of the franchise/utility agreements for the utilities in the PROJECT area for the purpose of determining prior rights and estimating utility relocation costs.

J. To assist SBCTA as requested and when necessary exercise its rights under utility relocation law or under any franchise agreement, to cause each utility to relocate or rearrange its utility facility.

V. MUTUAL RESPONSIBILITIES

The PARTIES agree:

A. To abide by all applicable Federal, State and Local laws and regulations pertaining to the PROJECT, including policies in the applicable program in the Measure I 2010-2040 Strategic Plan, as amended, as of the Effective Date of this AGREEMENT. In the event SBCTA determines Project Management, PID, PA/ED, PS&E , ROW, Construction and Landscape Maintenance work may exceed the amounts identified in Attachment A -2 of this AGREEMENT, SBCTA shall inform CITY of this determination and thereafter the PARTIES

4.c
Packet Pg. 125
Attachment: Exhibit C - 18-1001904-3_Coperative Agreement Amendment No. 2 (3849 : Agreement - San Bernardino County Transportation

18-1001904-03 Pg. 6

shall work together in an attempt to agree upon an amendment to the amounts identified in this AGREEMENT. In no event, however, shall the PARTIES be responsible for PROJECT costs in excess of the amounts identified in this AGREEMENT without a written amendment that is approved by the PARTIES.

B. Eligible PROJECT reimbursements shall include only those costs incurred by SBCTA for PROJECT-specific work activities that a re described in this AGREEMENT and shall not include escalation or interest.

C. If CITY requests additional work that is beyond the scope of the original PROJECT, and not considered by both PARTIES to be a necessary part of the PROJECT, therefore considered a betterment, said work, if approved by both PARTIES, will be paid solely by the CITY.

D. Neither SBCTA nor any officer, director, employee or agent thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done o r omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save h armless SBCTA, its officers, directors, employees or agents from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omit ted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this AGREEMENT.

E. Neither CITY nor any officer, director, employee or agent thereof is responsible for any injury, damage or liability occurring o r arising by reason of anything done or omitted to be done by SBCTA and under or in connection with any work, authority or jurisdiction delegated to SBCTA under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, S BCTA shall fully defend, indemnify and save harmless CITY, its officers, directors, employees or agents from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SBCTA under or in connection with any work, authority or jurisdiction delegated to SBCTA under this AGREEMENT.

F. This AGREEMENT will be considered terminated upon completion of PROJECT closeout and reimbursement of eligible costs by CITY. Notwithstanding any other provision herein, to the extent consistent with the terms and obligations hereof, any PARTY may terminate this AGREEMENT at any time, with or without cause, by giving thirty (30) calendar days written notice to the other PARTY. In the event of a termination, the PARTY terminating this AGREEMENT shall be liable for any costs or other obligations it may have incurred under the terms of the AGREEMENT prior to termination.

G. The Recitals to this AGREEMENT are true and correct and are incorporated into this AGREEMENT.

4.c
Packet Pg. 126
Attachment: Exhibit C - 18-1001904-3_Coperative Agreement Amendment No. 2 (3849 : Agreement - San Bernardino County Transportation

18-1001904-03 Pg. 7

H. All signatories hereto warrant that they are duly authorized to execute this AGREEMENT on behalf of said PARTY and that by executing this AGREEMENT, the PARTIES hereto are formally bound to this AGREEMENT.

I. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California. All PARTIES agree to follow all applicable local, state, county and federal laws and ordinances with respect to performance under this AGREEMENT.

J. The PARTIES agree that each PARTY and any authorized representative, designated in writing to the PARTIES, and upon reasonable notice, shall have the right during normal business hours to examine all PARTIES’ financial books and r ecords with respect to this AGREEMENT. The PARTIES agree to retain their books and records for a period of five (5) years from the later of: a) the date on which this AGREEMENT terminates; or b) the date on which such book or record was created.

K. If any cl ause or provision of this AGREEMENT is illegal, invalid or unenforceable under applicable present or future laws, then it is the intention of the PARTIES that the remainder of this AGREEMENT shall not be affected but shall remain in full force and effect.

L. This AGREEMENT cannot be amended or modified in any way except in writing, signed by all PARTIES hereto.

M. Neither this AGREEMENT, nor any of the PARTIES’ rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either PARTY without the prior written consent of the other PARTY in its sole, and absolute, discretion. Any such attempt of assignment shall be deemed void and of no force and effect.

N. No waiver of any default shall constitute a waiver of any other default 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.

O. In the event of litigation arising from this AGREEMENT, each PARTY to this AGREEMENT shall bear its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or attorney(s) fees relative to paragraphs C and D of this Section.

P. This AGREEMENT may be signed in counterparts, each of which shall constitute an original.

This AGREEMENT is effective and shall be dated on the date executed by SBCTA (“Effective Date”), following execution by both PARTIES.

Q. Any notice required, authorized or permitted to be given hereunder or any other communications between the PARTIES provided for under the terms of this AGREEMENT shall be in writing, unless otherwise provided for herein, and shall be served personally or by reputable courier addressed to the relevant party at the address/fax number stated below:

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If to SBCTA: Henry Stultz
Director of Project Delivery
1170 West Third Street, Second Floor
San Bernardino, CA 92410-1715
Telephone: (909) 884-8276

If to CITY: Victor Ortiz, City Engineer
Public Works Department
160 South 10th Street
Colton, CA 92324
Telephone: (909) 370-5065

Q. There are no third party beneficiaries, and this AGREEMENT is not intended, and shall not be construed to be for the benefit of, or be enforceable by, any other person or entity whatsoever.

R. The PARTIES’ duly authorized signatories have signed this AGREEMENT below.

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY

CITY OF COLTON

By:___ ________________________

By:__________________________
Art Bishop William R. Smith
President, Board of Directors City Manager

Date:__________________________

Date:__________________________

APPROVED AS TO FORM: APPROVED AS TO FORM:

By:____________________________

By:____________________________
Juanda Daniel ___________
Assistant General Counsel City Attorney

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Attachment A-2

Project Scope:

Improve local traffic operations along Mount Vernon Avenue between East Valley Boulevard and south of the Interstate 10 (I-10) eastbound ramp intersection, by adding left-turn lanes at the five point intersection of Mount Vernon Avenue and East Valley Boulevard.

Project Cost Estimate and Funding Shares:

SBCTA’s Share: Public Share: 94.9%
City’s Share: Development Share or Local Share: 5.1% (City of Colton)

Phase Estimated Cost1 Public Share Development
Share
PID $539,000 $511,511 $27,489
PA/ED $2,165,711 $2,055,260 $110,451
PS&E $2,379,946 $2,258,569 $121,377
ROW $5,083,000 $4,823,767 $259,233
CONSTRUCTION $61,830,000 $58,676,670 $3,153,330

LANDSCAPE
MAINTENANCE $600,000 $569,400 $30,600
SBCTA Oversight $950,000 $901,550 $48,450 Adjustment for
I-10/Pepper FPES2 $0 -$37,080 $37,080
Total $73,547,657 $69,759,647 $3,788,010
1Estimated cost assumes analysis of one build alternative. 2The I-10/Pepper adjustment payment in the amount of $37,080 has been received and processed.

Project Milestones:

Milestone1 Actual
(Forecast)
Start of Project Approval and Environmental Document Phase (PA/ED) 01/2019 Environmental Approval 04/2022
Design Approved and ROW Certified (07/2023)
Complete for Beneficial Use (06/2026)
1Milestone assumes analysis of one build alternative with design variations. Environmental determination under CEQA is an IS/MND and under NEPA a Categorical Exclusion.

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RESOLUTION NO. R-119-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
AMENDING THE FISCAL YEAR 2022/2023 CAPITAL IMPROVEMENT
BUDGET

WHEREAS, the City of Colton (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and,

WHEREAS, the City intends to support the City’s goal to improve the City’s traffic safety and infrastructure; and,

WHEREAS, the City and San Bernardino County Transportation Authority (SBCTA) need to amend Cooperative A greement No.18-1001904 (Amendment No. 2) to incorporate the project construction and landscaping phase for the I -10/Mt. Vernon Av enue Interchange Project; and,

WHEREAS, the City of Colton needs to allocate additional funding for City share in the amount of $3,288,790 to complete the construction phase of the project and will be provided thru Infrastructure Traffic Impact Fee; and,

WHEREAS, a budget appropriation not listed in the Fiscal Year 2022/2023 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 above recitals are true and correct.

Section 2 The City Council authorizes the following amendment to the FY22/23 budget:

 Appropriate $3,288,790 from reserve balance in the Traffic Impact Fund to capital improvement account number 249-2140-6150-3890-0000-000 for the I-10/Mt. Vernon Avenue Interchange Project.

PASSED, APPROVED AND ADOPTED THIS 6th DAY OF DECEMBER 2022.

__________________________
FRANK J. NAVARRO
Mayor

ATTEST:

__________________________________
CAROLINA R. PADILLA
City Clerk

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Attachment: Exhibit D- Resolution R-119-22 (3849 : Agreement - San Bernardino County Transportation Authority)

ITEM NO. 5

STAFF REPORT

DATE: DECEMBER 6, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: APPROVE AND ADOPT RESOLUTION R-120-22 FOR CONTRACT

AMENDMENT WITH WILLDAN ENGINEERING FOR BUILDING

AND SAFETY SUPPORT SERVICES AND CORRESPONDING
BUDGET AMENDMENT, RESOLUTION NO. R-120-22.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Adopt City Council Resolution No. R -120-22 amending the Fisca l Year (FY) 2022 -23 budget for purposes of funding Building and Safety support services until January 31, 2023.

2. Authorize the City Manager to execute the attached Third Amendment to Professional Services Agreement (PSA) with Willdan Engineering to incre ase compensation to continue providing plan check, interim building inspection , permit technician support, and Code Compliance support services and extending the contract term from December 19, 2022 through January 30, 2023. (Attachment 5)

BACKGROUND

After many years of contracting with consultants to provide all services for the Building & Safety Division, these services were brought in-house in early 2014 with the authorized hiring of a Building Official and an Inspector, and subsequently, a Plans Examiner. Concurrent with hiring Building & Safety Division staff, the City entered into contracts for supplemental permit counter support services, plan review and building inspection functions, including building inspections associated with code enforcement cases.

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Contract Amendment - Willdan Engineering
December 6, 2022

On December 3, 2019, a contract was awarded to Willdan Engineering to provide said services for up to a 3 -year term for $120,000 per year (See Attachment 2) . Two contract amendments were approved this year to in order to maintain service levels due to staff vacancies (See Attachment 3 and 4). This third contract amendment is also to address staff vacancies, which exceeded the City’s initial cost estimates. (See Attachment 5)

The current contract also expires on December 19, 2022. Therefore, this request also includes a request to extend the December 19, 2022, Willdan En gineering contract expiration date to January 31, 2023, until a new contract is submitted to the City Council for approval to provide building support services for a 3-year term.

ISSUES/ANALYSIS

The annual budget for the Willdan Engineering contract is based on the estimated level of technical support services to be provided to the Building & Safety Division. However, the number and scope of building applications depends on market conditions in the building industry and follow-up from Planning permit entitlement activity. In addition, the level of permits counter and inspections support depends on the number of staff vacancies, the volume of construction activity and reques ts for support from other City departments and divisions, such as Code Compliance.

The City’s Building Inspector and Permit Technician positions are currently vacant and, therefore, service demands have been met in part by our current building support c onsultant.

The increased demand for interim staff support services will exceed the approved budget for the Willdan contract, including the two previous contract amendment s. It should be noted that the Building & Safety Division and Human Resources are actively recruiting to fill these positions in a very competitive job market.

In order to continue providing efficient and high quality service to our customers through the end of the contract term, a contract amendment of $55,000 is warranted. The cumulative amount of the amended contract will be $552,250 (3-year term).

FISCAL IMPACTS
An additional appropriation from General Fund reserves is necessary for the contract amendment. Plan check services are offset by revenue collected for building permits.

Resolution No. R -120-22 seeks to amend the FY2022 -23 budget to appropriate an additional $55,000 to continue providing building support services in through the contract period in General Fund Building Professional Services Account No. 100-6300-6302-2350-0000-000.

ALTERNATIVES

1. Provide alternative direction to staff.

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Contract Amendment - Willdan Engineering
December 6, 2022

ATTACHMENT

1. Resolution No. R-120-22_Budget Amendment_Building Professional Services

2. Executed PSA 12-19-9

3. Executed PSA First Contract Amendment_Willdan_08-16-2022

4. Executed Second Contract Amendment- Willdan_9-26-22

5. Third Contract Amendment Willdan - 12-6-22
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28 RESOLUTION NO. R-120-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON AMENDING THE FY20 22-23 BUDGET FOR PURPOSES OF FUNDING BUILDING & SAFETY

SUPPORT SERVICES

WHEREAS, on December 3, 2019, the City of Colton entered into a Professional Services Agreement (PSA) with Willdan Engineering to provide support services to the Building & Safety Division for an annual fee of $120,000 , including building plan review, inspection and permit technician support services, as needed; and

WHEREAS, as permitted by Section 3.1.2 of the 2019 Willdan PSA, the term of the PSA has been extended twice, with a final expiration date of December 19, 2022, unless extended further by City Council; and

WHEREAS, due to unforeseen increases in the volume of plan review services, extended Permit Technician and Building Inspector vacancies, and support requests from Code Compliance, additional professional services funds are required to provide essential Building services until the expiration date of the amended PSA (January 31, 2023); and

WHEREAS, the cumulative amount of the amended contract budget (3 year term) is $552,250 (120,000 x 3 + 85,000 + 22,250 + 55,000); and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Colton does hereby find, determine and declare as follows:

SECTION 1. The FY2022-23 budget is hereby amended to increase appropriations in General Fund Building Division Professional Services Expenditure Account No. 100-6300-6302-2350-000-0000 in the amount of $55,000.00.

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Attachment: Resolution No. R-120-22_Budget Amendment_Building Professional Services (3853 : Contract Amendment - Willdan Engineering)

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28 PASSED, APPROVED, AND ADOPTED this 6th day of December, 2022.

____________________________________

FRANK NAVARRO
Mayor

ATTEST:

______________________________
CAROLINA R. PADILLA
City Clerk

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23152.06000\32391457.2

THIRD AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON

AND WILLDAN ENGINEERING

1. PARTIES AND DATE.

This Third Amendment to the Professional Services Agreement (“Third Amendment”) is made and entered into this 6th day of December, 202 2 by and between the City of Colton (“City”) and Willdan Engineering , Inc. (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Third Amendment.

2. RECITALS.

2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated December 3, 2019 (“Agreement”), whereby Consultant agreed to provide Building & Safety support services for the Building & Safety Division of the Development Services Department at $120,000.00 annually.

2.2 First Amendment. On August 16, 2022, the City Council approved the First Amendment increasing compensation by $85,000.00.

2.3 Second Amendment. On City and Consultant desire to amend the Agreement for the Second time to increase compensation by $22 ,250.00 to accommodate increased contract staff support due to Inspector and Building Technician vacancies. This amount fell below 5% of the contract amount allowing City Manager to sign the contract amendment.

2.4 Third A mendment. On December 6, 2022, The City Council reviewed and approved the Third Amendment increasing compensation by $55,000.00.

2.5 Amendment Authority. This Third Amendment is authorized pursuant to Section

3.3.1 “Compensation” and Section 3.3.4 “Extra Work” of the Agreement.

3. TERMS.

3.1 Compensation. Section 3. 3.1 of the Agreement is hereby deleted in its entirety and replaced with the following:

“Consultant shall receive co mpensation, 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 Five - Hundred Fifty-Two Thousand Dollars and Two Hundred and Fifty Dollars ($552,250) without written approval of City Manager. The

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23152.06000\32391457.2
City Manager may authorize up to 5% in compensation without returning to City Council for authorization. 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 Continuing Effect of Agreement. Except as amended by this Third Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.

From and after the date of this Third Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Third Amendment.

3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consider ation for the performance of the obligations they have undertaken pursuant to this Third Amendment.

3.5 Severability. If any portion of this Third Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, t he remaining provisions shall continue in full force and effect.

3.6 Counterparts. This Third Amendment may be executed in duplicate originals, each of which is deemed to be an original , but when taken together shall constitute but one and the same instrument.

[SIGNATURES ON FOLLOWING PAGE]

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23152.06000\32391457.2

SIGNATURE PAGE FOR THIRD AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND WILLDAN ENGINEERING, INC.

IN WITNESS WHEREOF, the Parties have entered into this Third Amendment to the Professional Services Agreement as of the day and year first above written.

CITY OF COLTON

By: _________________________
William R. Smith
City Manager

Attest: _________________________
Carolina R. Padilla
City Clerk

Willdan Engineering
a Corporation

By: _________________________
Patrick Johnson
Director of Building and Safety

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Attachment: Third Contract Amendment Willdan - 12-6-22 (3853 : Contract Amendment - Willdan Engineering)

ITEM NO. 6

STAFF REPORT

DATE: DECEMBER 6, 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 AMENDMENT TO PROFESSIONAL SERVICES

AGREEMENT (PSA) FOR ENGINEERING SERVICES WITH

ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA (ERSC)
FOR FISCAL YEAR 22/23.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Authorize the increase of compensation to the P rofessional Services Agreement with Engineering Resources of Southern California (ERSC) by $35,000 for FY 22/23.

2. Authorize the City Manager to execute the First Amendment to the Professional Services Agreement (PSA) with Engineering Resources of Southern California (ERSC) for FY 2022-23.

BACKGROUND

The Public Works Engineering Division retains as -needed engineering services to assist with plan check reviews of various development projects in several different technical areas. These as-needed plan check services ensure timely project reviews and help maintain cost efficiency through competitive service costs.

In accordance with Colton Municipal Code Section 3.08.070 – Bidding requirements – Professional Services, on May 05, 2020 the City emailed a Reques t for Proposal s (RFP) for engineering plan check consulting services for private and public projects for the Fiscal Year (FY) 2020/2021 to six (6) local known engineering consulting firms. The selection of a consultant was made based on cost proposal comp etitiveness, company and staff qualifications 6 Packet Pg. 165
Staff Report to the Mayor and City Council
Contract Amendment - ERSC
December 6, 2022

and similar work experiences, ability to perform in a timely manner, and a thorough understanding of the work required in the RFP. The contract would be valid for the FY 20/21 with the option to renew for an additional two successive years and entitled for an increase based on the Consumer Price Index (CPI). Depending on the workload, the City had the option to increase the contract amount subject to City Council approval and in accordance with City Procurement Policies.

On July 20, 2020, the City of Colton entered into a Professional Services Agreement (PSA) with Engineering Resources of Southern California, Inc. (ERSC) to assist with engineeri ng plan checking services. On July 01, 2022, the City of Colton entered into its second successive renewal year PSA with ERSC to provide engineering plan checking services for various incoming development projects in the amount of $45,000.

ISSUES/ANALYSIS

Due to continued volume of plan check activities and expected engineering plan check activities in the current fiscal year, the Public Works Department is requesting to amend the existing PSA with ERSC by increasing the contract amount for the Fiscal Year (FY) 2022-23 from $45,000 to $80,000, in line with the increa sed influx of commercial development projects from previous fiscal year budgets. Large commercial construction projects have been submitted concurrently and they require extensive plan check reviews for grading, water quality, maps, hydrology, street improvements and storm drain. These projects include the finalization of the 900,000+ square foot warehouses at the Barton Road Logistics Center, as well as two large warehouses including a cold storage warehouse on Agua Mansa Road and the upcoming Roquet Ran ch residential development.

FISCAL IMPACTS

Sufficient appropriations for this agreement are available in General Fund Engineering Division Professional Services Account No. 100-6150-6151-2350-0000-000.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - 1st Amendment to Prof Svcs Agreement

2. ERSC Standard Hourly Billing Rates effective 07-01-22 6 Packet Pg. 166
1 FIRST AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.

1. PARTIES AND DATE.

This First Amendment to the Professional Services Agreement ( “First Amendment”) is made and entered into this 06th day of December, 2022 by and between the City of Colton (“City”) and Engineering Resources of Southern California, Inc., (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this First Amendment.

2. RECITALS.

2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated July 20, 2022 (“Agreement”), whereby Consultant agreed to provide professional plan check services for various development projects (“Services”).

2.2 Amendment Purpose. City and Consultant desire to amend the Agreement for the First time to increase compensation by $35,000.

2.3 Amendment Authority. This First Amendment is authorized pursuant to Section

3.6.13 of the Agreement.

3. TEMS.

3.1 Scope of Services and Term. Compensation. Section 3. 1.1 of the Agreement is hereby deleted in its entirety and replaced with the following:

3.1.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed Eighty Thousand Dollars and No Cents ($80,000.00) without written approval of the City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”

3.2 Continuing Effect of Agreement. Except as amended by this First Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this First Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this First Amendment.

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Attachment: Exhibit A - 1st Amendment to Prof Svcs Agreement (3855 : Contract Amendment - ERSC) 2 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this First Amendment.

3.4 Severability. If any portion of this First Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Counterparts. This First Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

[SIGNATURES ON FOLLOWING PAGE]

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Attachment: Exhibit A - 1st Amendment to Prof Svcs Agreement (3855 : Contract Amendment - ERSC) 3 SIGNATURE PAGE FOR FIRST AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.

IN WITNESS WHEREOF, the Parties have entered into this First Amendment to the Professional Services Agreement as of the 06th day of December, 2022.

CITY OF COLTON

By: ___________________________ Attest: ___________________________ William R. Smith Carolina R. Padilla
City Manager City Clerk

ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.,
A corporation

By: ___________________________ By: ___________________________ Signature Signature

John M. Brudin Moe Ahmadi .

Name (Print) Name (Print)

President Vice President .

Title (Print) Title (Print)

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SCOPE OF SERVICES

Provide Plan Check and Inspection Services. Scope of Services include but not limited to plan check services for:

1. Grading Plan

2. Storm Water Pollution Prevention (SWPPP)

3. Street Improvement

4. Water Quality Management Plan (WQMP)

5. Drainage plan

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SCHEDULE OF SERVICES

July 1, 2022 to June 30, 2023

1. Requested plan check reviews are at an as needed basis and are not guaranteed. They are at the discretion of the City.

2. Standard plan check review turn-around times are within two (2) weeks from the date emailed of such requested services.

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COMPENSATION

NOT TO EXCEED AMOUNT OF FORTY-FOUR THOUSAND DOLLARS AND NO CENTS ($80,000)

SEE ATTACHED ERSC SCHEDULE OF HOURLY BILLING RATES

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Attachment: Exhibit A - 1st Amendment to Prof Svcs Agreement (3855 : Contract Amendment - ERSC)

SCHEDULE OF HOURLY BILLING RATES
Effective July 1, 2022

Principals / Engineers / Technicians

Surveyors / Administration / Aides

Principal/President .....................................

$238.00

Principal Surveyor ..........................

$161.00
Principal/Vice President ............................. 211.00 Senior Surveyor ............................. 137.00 Senior Principal Engineer........................... 205.00 Principal Engineer ................................ ...... 200.00 Assistant Principal Engineer ...................... 187.00 Engineer V ................................ ................. 151.00 Admin. Services Manager .............. $76.00 Engineer IV ................................ ................ 135.00 Admin. Asst. II ................................ 68.00 Engineer III ................................ ................ 118.00 Admin Asst. I ................................ . 62.00 Engineer II ................................ ................. 105.00 Engineer I ................................ .................. 88.00 Senior Engineering Technician .................. 136.00 Engineering Aide II ......................... $46.00 Engineering Technician II ........................... 108.00 Engineering Aide I .......................... 39.00 Engineering Technician I ........................... 88.00 Engineering Technician ............................. 62.00

Construction Manager ................................ ................................ ................................ ........................ $151.00 Resident Engineer ................................ ................................ ................................ ..............................$200.00 Senior Construction Inspector .............................................................................................................$ 124.00 Construction Inspector ................................ ................................ ................................ ........................ $118.00

Mileage ............................................................................................................................................ $0.65 mile Direct Cost ................................ ................................ ................................ ................................ ..... Cost + 20%

Testimony under oath will be billed at $350 per hour
with a four (4) hour minimum

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Attachment: ERSC Standard Hourly Billing Rates effective 07-01-22 (3855 : Contract Amendment - ERSC)

ITEM NO. 7

STAFF REPORT

DATE: DECEMBER 6, 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 THE FIRST AMENDMENT TO THE CONTRACT WITH

TULE RANCH IN ORDER TO PROVIDE HAULING AND DISPOSAL

SERVICES FOR CLASS B BIO-SOLIDS AT THE WASTEWATER
TREATMENT PLANT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the First Amendment of the Professi onal Services Agreement with Tule Ranch in order to provide hauling and disposal service for Class B Bio -solids at the Wastewater Treatment Plant, and authorize the City Manager to execute the agreement. Approval will increase the amount of compensation by $59.94 per ton, and the contract amount not exceed $434,550.

BACKGROUND

Bio-solids are extracted from wastewater during treatment and must be disposed of in an environmentally safe method consistent with EPA regulation (CFR 503). The State of California and the County of San Bernardino govern the environmental manner in which bio -solids are disposed of. The City Wastewater Treatment Plant generates an average of 5,000 tons of Bio - solids annually. The hauling contractor must comply with all State, County, and EPA regulations.

On June 16, 2020, City Council awarded a contract to Tule Ranch to provide hauling and disposal services for the Wastewater Treatment Plant. The scope of the project included removing Class B bio -solids material from bio -solid material stockpiles and beds or dewatering devices. Furthermore, the scope included loading of bio-solid materials onto Contractor provided trucks and/or trailers; and, hauling and transportation of the bio -solid materials from the City’s 7 Packet Pg. 174
Staff Report to the Mayor and City Council
Contract Amendment -Tule Ranch
December 6, 2022

Wastewater Treatment Pl ant to Contractor’s permitted disposal sites and/or permitted storage facilities. Finally, Tule Ranch transports them directly to the Arizona sites. Once at the sites, the bio-solids are processed and either land applied or directly land applied. Then off -loaded at South Yuma County Landfill or delivered to a composting site in accordance to local ordinances.

ISSUES/ANALYSIS

The contract term allows for the agreement to be renewed for up to three (3) additional years upon mutual agreement between the City of Colton and Tule Ranch. The cost for the hauling and disposal is $46.25 per ton for the first and second year contract in the total amount of $346,875.

The term ended in June 30, 2022. Under the terms of the existing contract it allows both the parties to extend the term and agree to pricing increase. This amendment to increase the unit rate pricing will avoid much higher rates if the City went back out to bid. In addition, t he City’s Municipal Code also allows the City to not competitively bid work when no competitive advantage will be gained by a competitive bid process.

Tule Ranch agreed to renew the third year contract for Fiscal Year (FY) 2022 -2023, for a revised unit cost of $57.94 per ton. The $11.69 increase is based on current market prices due to inflation and increased fuel prices. There is an approximately 50% increase on fuel prices compared to the time of bid. Increased fuel prices per gallon translated to approximately $400.00 per truck load.

Staff recommend increasing the unit cost to $57 .94 per ton in the total contract amount of $434,550.00 each year for the next additional two years.

FISCAL IMPACTS

Sufficient funds are available in the FY2022 -23 adopted budget in Wastewater Department Professional Services Account #522 - 8200-8200-2350-0000-000 for the increase in the contract amount.

ALTERNATIVES

Provide alternative direction.
7 Packet Pg. 175

ITEM NO. 8

STAFF REPORT

DATE: DECEMBER 6, 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 CONTRACT AWARD TO MARINA LANDSCAPE, INC.

FOR THE COOLEY DRIVE LANDSCAPE PROJECT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Award a contract for the Cooley Drive. Landscape Rehabilitation Project to Marina Landscape, Inc., for $2,132,500; and

2. Authorize the City Manager to execute all contracts/documents necessary to proceed.

BACKGROUND

Governor Jerry Brown issued an Executive Order, B -29-15 on April 1, 2015, that in part, called for the State of California Water Board to prohibit irrigation wit h potable water of ornamental turf on public street medians in cities. To meet compliance the City Council approved the design of medians that were not in compliance on February 21st 2017.

On October 2, 2018 the City of Colton Council approved the followi ng priority list of landscape median rehabilitations:

1. Valley Blvd. (from 9th St. to R/R Crossing)

2. La Cadena Dr. (from Valley Blvd to Mt. Vernon Ave.)

3. Cooley Dr. (from Mt. Vernon to Washington)

4. N Street underpass (5th St. to 7th St.)

5. Washington St. (from Cooley Dr. to Waterman Ave.)
8 Packet Pg. 176
Staff Report to the Mayor and City Council
Contract Award - Marina Landscape Inc.

December 6, 2022

Valley Blvd. and La Cadena Dr. have been completed. Cooley Drive is the next priority to complete on the list, and funding for the project was included in the FY2022 -23 budget with the use of American Rescue Plan Act (ARPA) funds.

ISSUES/ANALYSIS

On September 15, 2022 , in accordance with Colton Municipal Code 3.08.090, staff issued a Request for Proposals (RFP) for the Cooley Drive Conservation Landscape Rehabilitation Project in the City of Colton. The RFP and related documents were distributed through BidNet, the City’s online bid system and went out to 133 professional landscape companies . The Notice was additionally advertised in The Press Enterprise on September 21, 2022 and October 1, 2022.

The bid due date was 2:00 p.m., on November, 3, 2022 and was opened publicly at the City of Colton Public Works Utility Services Department, 160 S. 10 th Street Colton , CA 92324. Two bids were received for the project.

Staff evaluated the bids based on meeting the bid submittal requirements. Once evaluated, staff concluded Marina Landscape, Inc. was the lowest responsive and responsible bidder meeting the requirements of the bid scope.

BID ANALYSIS
Name Bid Received
Southern CA Landscape Inc.
8636 Banana Avenue
Fontana CA 92335
909-350-3522
$2,755,000
Marina Landscape Inc.
3707 W. Garden Grove Blvd.

Orange CA 92868
714-704-935-0797
$2,132,500

FISCAL IMPACTS
Sufficient appropriations for the contract for the Cooley Landscape Rehabil itation Project are included in the adopted FY2022-23 budget, in Local Fiscal Recovery Fund Capital Improvement Account Number 219-2325-1000-3890-0000-000.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. RFP Cooley Dr WTR Conserv Landscape9-22
8 Packet Pg. 177
1 REQUEST FOR PROPOSALS

CITY OF COLTON COOLEY DRIVE WATER CONSERVATION LANDSCAPE

REHABILITATION PROJECT

CITY OF COLTON
Jessica Sutorus
Environmental Conservation
Supervisor
[email protected]
160 S. 10th Street, Colton, CA
92324
DUE BY: 2:00pm November 3, 2022

September 15, 2022

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Attachment: RFP Cooley Dr WTR Conserv Landscape9-22 (3863 : Contract Award - Marina Landscape Inc.) 2 Subject: Request for Proposal (RFP) for Cooley Drive Water Conservation Landscape Project for the City of Colton.

Dear Prospective Contractor:

The Purchasing Department for the City of Colton (“City”) is seeking proposals for the Cooley Drive Water Conservation Landscape Project for the City of Colton.

• Sealed Proposals will be received up to the hour of 2:00 p.m. on November 3, 2022, at the City’s Sustainability Office, 160 S. 10th Street, Colton, CA 92324. Colton will accept electronic copies by the due date and time with a hard copy following no later than the next business day. Email [email protected] and cc:
[email protected] .

• Non-Mandatory Site Walk October 6th at 9am location address:1430 Cooley drive, Colton CA 92324 (Curbside parking) to review drive approach modification not to scale on plans (less than 5% reduction in landscaping)

• A recommendation to award the contract will be made to the City Council at their next regular meeting.

• Contractors will be required to submit a 10% Bid Bond in the form of cash, cashier’s check or certified check signed by a responsible bank or by a bond in said amount and payable to the City, signed by the bidder and an admitted surety insurer.

• Successful contractor will be required to indemnify and hold harmless the City, its officials, officers, employees, volunteers and agents, in accordance with the Sample Contract Documents attached.

• At the time the contract is awarded, the Contractor shall possess the proper State of California Contractors License for Landscape and Irrigation Installation and Maintenance.

Contractors may request a complete RFP, including the required Proposal Forms, from the Purchasing Department at (909) 370-5047 or (909)370- 5048.

Questions regarding this RFP must be submitted in writing and will be received up to the hour of 2:00pm October 13, 2022 and shall be directed via email to Jessica Sutorus, Environmental Conservation Supervisor, at [email protected]. No phone questions will be taken. An updated plan holders list will go out after an addendum is sent.

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Attachment: RFP Cooley Dr WTR Conserv Landscape9-22 (3863 : Contract Award - Marina Landscape Inc.) 3 SCOPE OF SERVICES

CITY OF COLTON, CALIFORNIA

Cooley Drive Water Conservation Landscape Project

All installation of the landscape project shall follow the approved Landscape Architectural plans provided by Community Works Design Group, Landscape Architects for the Cooley Turf Removal and Landscape.

Note: Bidders should follow their due diligence to field verify any design plans not to scale or changes of drive approach reducing the landscape area less than 5%.

Improvement Project
Please note:
• The Complete Plan Set to bid on will be provided by the City electronically • There is no engineers cost estimate for the project

Scope of Work:
• Removal of existing turf, shrubs, trees, specific irrigation equipment • Protection of stamped concrete, specific site elements • Modernization of irrigation system
• Installation of water efficient plant material
• Construction of two City Monument signs
• Installation of decorative rock materials
• Trimming and replacement of dead trees as specified on plans

Demolition

1. Demolition as shown in LD-1-LD11 on the plans is a minimum requirement.

Contractor shall demolish, relocate and remove site elements necessary to achieve the work shown and specified, except where items are indicated to be protected in place.

2. Contractor to accommodate and facilitate continual occupancy of property and ensure safety of the public in and around the project area.

3. Cap and abandon unused irrigation elements inside the construction areas prior to the start of excavation.

4. Means and methods to locate existing items are the contractor’s responsibility.

5. All voids/holes depressions left from demolition must be filled and compacted.

6. Constructors shall be responsible for the repair and / or replacement of any existing site elements specified to remain that are damaged during construction operations.

7. Concrete and other materials to be demolished within the scope of this project shall be recycled per State of California Integrated Waste Management Board (CIWMB)

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Attachment: RFP Cooley Dr WTR Conserv Landscape9-22 (3863 : Contract Award - Marina Landscape Inc.) 4 guidelines. Contractor shall provide evidence of recycling and salvaging a minimum of 65% of nonhazardous construction and demolition waste generated from this project.

8. Contractor shall be responsible for security and safety of the public and employees accessing the site.

9. Contractor shall coordinate with the City regarding all permits and Building and Safety requirements including traffic circulation and lane closures.

10. Soil is to be removed to a depth of 3 inches below finish surface of maintenance band. Where stamped concrete exists soil is to be removed below the stamped concrete that acts as is known as the “maintenance band”. If stamped concrete is not present, the curb shall act as the reference point to lower the grade by 3 inches.

Irrigation Plan
Contractor to supply all equipment listed in the Equipment Legend as specified in the plans. All irrigation is to be new construction installation. The irrigation water POC and electrical connection points will be made know to the contractor.

There are no as-built drawings available. The existing irrigation is not operable.

Each controller is to be replaced. Per plan, new irrigation controllers and the associated components are to be installed in the specified vandal resistant enclosures. All associated construction and preparation to install the enclosures shall be responsibility of the contractor.

Scope of Work:
• Connect new controller to existing power supply
• Connect flow meter to controller using SD-210 Decoder • Piping and valves are shown in hardscape for clarity only • Contractor to locate existing irrigation equipment in the field prior to start of construction

1. All work shall be in accordance with applicable codes and these plans. The contractor shall apply for all permits and pay for them.

Scope of Work: Unless specified, the construction of irrigation systems shall include the furnishings, installation and testing of all mainline, points of connection, lateral lines, risers, and all fittings; and the furnishings and installation of sprinkler heads, controllers, electronic control valves, excavation and backfill, and all other work in accordance with these plans, details and notes. The contractor shall furnish all labor, material, equipment property, transportation, and perform all operations required for a complete and operable irrigation system as indicated on, or reasonably implied, by the drawings, details and notes. Included as part of the irrigation work, but not limited by it are the following:

A. Install complete operable independent irrigation systems per the plans, details, notes, and legends.

B. All irrigation work shall be guaranteed by the contractor as to material and

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Attachment: RFP Cooley Dr WTR Conserv Landscape9-22 (3863 : Contract Award - Marina Landscape Inc.) 5 workmanship as to material and workmanship, including settling of backfilled trenches below grade, for a period of one (1) year following the date of final acceptance of the work.

2. The landscape architect shall decide all questions relating to the interpretation of the drawings and the acceptable fulfilment of the contract.

3. Piping and valves shown on the plans are diagrammatic. Contractor shall route piping to avoid conflict with stationary elements and in such a manner as to conform to the various details and design intent of these plans.

4. The contractor shall at all times protect work from damage and theft and replace all damaged or stolen parts at own expense until the work is accepted in writing by the City.

5. Extreme care shall be exercised in the excavating and working near existing utilities. Contractor shall verify the location and condition of all utilities and be responsible for any damage. An active Underground Service Alert shall be in place at all times.

6. The Contractor shall keep the premises clean and free of excess equipment, materials, and rubbish incidental to tasked work.

7. Irrigation design is based on 60 PSI available water pressure at 20 GPM.

Contractor shall verify pressure prior to construction; should a discrepancy exist, notify the landscape architect prior to start of work.

8. Contractor shall make point (s) of connection as noted on the plans.

9. Irrigation contractor shall be responsible for installation of electrical conduit (1/2”sch 40 PVC) and wire (#12 AWG) from electric power source (120 volt) to the controller. Electric power will be provided by the owner (Electric Utility) in the area of controller location shown on the plans. Contractor shall be responsible for 120 volt connection to the controller, Electric Utility is responsible for connection at power source junction box.

10. Contractor to supply power for the monument sign locations. Utility power source may be across the street from median and will need to be connected to power the monument sign. Conduit, wire and junction box will have to be installed by contractor

11. All wires shall be solid copper, plastic insulated, U.F., Direct burial wire. All common wire shall be AWG #12 White; all control wire shall be AWG #14 red or black.

Controllers shall have separate color coded common wires when two or more controllers are on project.

12. All control wires and irrigation pipe lines that run under paving shall be encased in SCH 40 PVC pipe sleeves. Sleeves shall be sized according to the chart on the plans. There are existing sleeves between each of the medians as currently wired for irrigation. The exact location of the sleeves will be known to the contractor as they will be uncovered by City staff prior to the start of construction.

13. Final location of control valves shall be approved in the field by the landscape architect or the owners authorized representative. New irrigation

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Attachment: RFP Cooley Dr WTR Conserv Landscape9-22 (3863 : Contract Award - Marina Landscape Inc.) 6 control wires are required for each valve. No existing irrigation wires are to be used.

14. Contractor shall heat brand valve numbers on outside of all valve box lids.

15. All brass or galvanized connections shall be coated with Teflon tape or LED-Lube joint compound (of approved equal). All PVC threaded connections shall be coated with Teflon tape.

16. All PVC solvent-weld connections shall be made with solvent-weld materials as recommended by the pipe manufacturer. Solvent-weld primer shall be applied at all connections.

17. Low Head Drainage will not be allowed. Contractor to determine in the field which heads drain after the valve is shut off. Contractor shall provide and install additional in line check valves as needed at no additional cost to the owner.

18. All pressure supply lines and control wires to 18”-24” minimum cover (per detail). Lateral lines to have 12” minimum cover.

19. The radius of each head bubbler or emitter is to be adjusted to that proper coverage is maintained. Overspray or runoff is not permitted.

20. Upon completion of the project, the contractor is to turn over to the City the following:

A. A reproducible set of “As-Built” drawings and controller chart.

B. 2 keys for each controller and controller enclosure (As applicable).

C. 2 quick coupler keys and matching hose swivels.

D. 4 of each sprinkler head to specified.

21. As-Built drawings- The contractor shall provide and keep up to date a complete “As- Built” record set of prints which shall be corrected daily and show every change from the original drawings. Prior to final inspection, the contractor shall transcribe all information from the “As-Built” set to a reproducible Mylar print, procured from the owner. All work shall be neat and legible, locating the following items from permanent points of reference:

Shut-off valves, mainline and control wire routing, POC, backflow device, control valves, controller, quick couplers, and other pertinent underground items.

22. Controller chart- upon approval of the final “As-Built” drawings, provide one chart for each controller installed as follows:

A. The chart is to be a reduced copy of the approved “As-Built” drawings, (a blackline print reduced to the maximum size the controller door will allow, colored with a different color for each valve station).

B. When completed and approved, the chart shall be hermetically sealed between two (2) pieces of 20 MIL clear plastic and mounted on the inside of the controller door using Velcro tape or equal.

Planting Plan

1. All work shall be done in accordance with applicable local codes and these plans.

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Attachment: RFP Cooley Dr WTR Conserv Landscape9-22 (3863 : Contract Award - Marina Landscape Inc.) 7 A. The contractor shall carefully inspect the site and verify all conditions and dimensions shown on the plans prior to commencement of any work under this contract.

B. All irrigation work shall have been inspected and approved by the landscape architect prior to beginning any tree planting work.

C. The City’s superintendent and the landscape architect will inspect the planting work prior to starting work, during and after the planting. The contractor shall contact the landscape architect and coordinate all inspections.

D. The quality of workmanship and materials shall be of the highest standards. Cooperation and flexibility is expected of the contractor toward working with the owner/landscape architect in producing the best possible product.

E. Upon completion of each phase of work, the contractor shall thoroughly clean the site of all accumulated rubbish, debris, and other extraneous material.

2. Scope of Work- Contractor shall furnish all material, labor, transportation, equipment and property to complete the landscaping of the planting areas as indicated on, or reasonably implied by the drawings and or notes.

A. Included as part of the work, but not necessarily limited by it are the following items: Fine grading of all planting areas; preparation of all planting and tree holes; Furnishing and installation of all plant materials; providing maintenance throughout the project period; providing plant establishment work throughout the specified period; clean
–up and weeding of all landscape areas; guarantee of all plant material and workmanship for a period of one (1) year.

B. All trees within 6’ of hardscape to receive root barrier see detail ‘B’, sheet LP- 12 C. Plant water use values are per Wucols IV plant list

3. The contractor shall remove all weeds, rocks over 2” diameter, debris and other extraneous material from the job site in a legal manner prior to proceeding with any work under the contract.

4. The contractor shall provide rough grading to within 1/10th of 1 foot of finish grade, including any minor adjustments to earth berm and slope shapes. Provide finish grade in planting areas to 1% minimum flow. Finish grade shall be 2” below adjacent, curbs, hardscape, etc. in ground cover areas.

5. All trees and shrubs shall be planted per these notes and as detailed. All plant material shall be of the highest quality and the largest reasonable size available for the specified container size (without being root bound). Shrub materials shall be vigorously growing, healthy plant material, full and bushy; of Hines wholesale nursery / Monrovia Nursery Company quality or equal. The landscape architect will approve all plant material when spotted for planting, and will not hesitate to reject any material available.

All specimen material tagged by the Landscape Architect for this project will be available at Bright View Nursery, Sea Tree Nursery, or other source equal in quality.

Contractor shall purchase tagged material, arrange delivery, pay for same, and install per plan.

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Attachment: RFP Cooley Dr WTR Conserv Landscape9-22 (3863 : Contract Award - Marina Landscape Inc.) 8 6. The landscape architect shall approve the location of all of the one gallon, five gallon, and fifteen-gallon plant material as approximate spotted in the field by the contractor. All boxed material shall be staked for location approved prior to plant pit excavation.

Prior to planting, the owner’s representative will select the best side and face all specimen trees.

7. Tree ties shall be “Twist Brace” available from ‘V.I.T. Company’ of Escondido CA or like product. Install per manufacturers specifications.

8. All ground cover as noted in the legend shall be rooted tip cuttings from flats or liners unless otherwise specified, and shall be planted in staggered rows continuously under all trees and shrubs in areas as designated on the plans and at the spacing indicated in the legend. All ground cover and shrub areas shall have a minimum depth of 3” mulch, type per plan (wood mulch to be max 1” in diameter).

9. To all planting areas prior to irrigation system installation, cross RIP or otherwise till 12” deep. After cross ripping, roto-till soil prep amendments 6” deep (see soil prep/backfill note).

10. For backfill around trees and shrubs, use the formula as indicated in the soil prep/backfill note. Mixing shall be done at one location.

11. Weed abatement- to all planting areas, after earthwork, installation of irrigation systems and soil preparation. The following weed abatement work shall be done.

A. Keep areas moist by regular irrigations for a period of two weeks (minimum) to germinate existing weed seeds.

B. Kill weeds with contact weed kill, remove weed residue and top growth.

12. Pre-emergent program- prior to installation of ground cover, contractor shall install a per-emergent herbicide, EPTAM or equal, to all proposed ground cover areas per manufactures recommendations.

13. Maintenance- The contractor shall maintain all planted areas throughout the contract period. Maintenance shall consist of proper watering, fertilization, weeding, and general clean-up. Plants shall be kept in a healthy growing condition.

14. Plant establishment period- The plant establishment period shall commence upon the owners and the landscape architects written approval of all phases of planting installation and shall be for minimum ninety (90) continuous calendar days. Plant establishment work shall include three (3) fertilizer applications to all planted areas during thirty (30) day intervals during the plant establishment period (refer to fertilizer program note for type and application rates).

15. Plant establishment procedures- the general care and maintenance of all areas shall consist of proper watering, fertilization, weeding, clean-up, and as follows:

A. Cultivate and weed at not less than ten (10) working day intervals.

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Attachment: RFP Cooley Dr WTR Conserv Landscape9-22 (3863 : Contract Award - Marina Landscape Inc.) 9 B. Three (3) fertilizer applications per note above the fertilizer at the rate and formula as indicated in the soil prep/backfill note.

C. Contractor shall maintain the irrigation systems in a like new operating condition, adjusting head heights, throw and spray arcs as necessary.

D. The contractor is responsible for proper watering of all planted areas, and shall replace any material damaged due to improper moisture. Any concentrated development of weed growth that may appear in planting areas during plant establishment period shall be removed at thirty (30) day intervals. The contractor may elect to remove such concentrations of weeds manually or by an approved herbicide program.

E. During the course of the maintenance work, the contractor shall remove surplus materials and debris form the site and shall keep the premises in a neat and clean condition at all times.

F. During the plant establishment period the contractor shall be responsible for maintaining adequate protection for all planting areas. Any damaged areas shall be repaired at contractor’s expense.

Planting Details
A. Monument Signs
• Contractor to submit shop drawings for approval prior to fabrication • All welds to be ¼” Fillet welds, ground smooth

1. Cast in place natural gray concrete pedestal with sack finish

2. #4 per plans horizontal rebar both ways

3. #4 Vertical rebar as shown on plans

4. 90% Relative compacted subgrade

5. Finish grade

6. Continue sack finish 6” Min. below finish grade

7. 11” Wide X 6” high poured in place natural gray concrete wall cap with square edges. Light sandblast finish.

8. 30” Sq. X 3” High custom precast concrete cap with square edges. Edges color to be natural gray with light sandblast finish.

9. 33” Sq. X 3” High custom precast cap with square edges. Color to be natural gray with light sandblast finish with threaded inserts for maintenance access. a. Affix to angle frame
b. Epoxy to concrete base

10. 12 GA. X 3” angle aged steel frame

11. ¼” Dia. X 6” long bolts at 18” O.C.

12. 6”-9” Glass rocks in resin bed; Available from recycled rocks; (800) 681-5088.

Color to be ‘mixed blues’. Use 3”-6” glass rocks to fill voids between large rocks. Use form work only, laid flat, to lay rocks in resin. Flat worm side to face into the monument sign.

13. ½” SCH. 40 PVC Conduit with (2) #12 wire

14. 18” High ¼” thick plate steel letters, both sides, powder coated black; welded to ½” X 9” pins; drill holes though glass resin panel & bolt letters to panel; font to be “Georgia”.

15. “Saratoga” rustic ledgestone veneer or approved equal; available from El Dorado stone.

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Attachment: RFP Cooley Dr WTR Conserv Landscape9-22 (3863 : Contract Award - Marina Landscape Inc.) 10 16. Plate Steel ‘C’ Power coated black

17. 1”-2” Glass rocks in resin bed; available from recycled rocks; (800) 681-5088 color to be ‘mixed blues’. Use form work only to lay rocks in resin bed.

18. 16” Sq. CMU Pilaster block. Grout solid.

19. 8”X8”X16” CMU Block. Grout solid

20. Fill voids with Grout to make smooth battered side.

21. #4 Horizontal rebar ties

22. #4 Vertical rebar- center in corner cells.

23. 12 GA. X 3” angle aged steel corner frame. Weld to 24” SQ. ¼” steel plate bolt plate to base with ¼” DIA. X 6” long bolts. Epoxy to Pilaster cap.

24. 12 GA X 3” Aged steelplate. Weld to frame at top and bottom of plate.

25. 12 GA X 2” Aged steel edging. Weld to plate

26. 12 GA plate with ¾” DIA. Holes per plan; drill ¾” DIA through precast cap.

27. Decorative aged steel plate; Obtain electronic image file from landscape architect for logo. Submit shop drawings to City and landscape architect for approval prior to fabrication.

28. Philip eW graze MX Powercore lumiere. 2700 k 10’x 30’ beam angle, 6’ length

29. Econolight model tran-L230-BZ ‘elements’ LED directional flood light.

30. ½”Ø X 1” pin welded to aged steel frame. Drill 1” Ø hole in cap to accommodate pin (1 per corner)

SUBMITTALS
Provide the following submittals for approval to the City Representative for approval prior to commencing any irrigation construction:

• Written proof of available water pressure at the point-of- connections.

• Manufacturer’s product data for all proposed irrigation equipment indicated on the drawings -i.e.: driplines, bubblers, emitters, control valves, controller, wiring, piping, fittings, valve boxes, filtration, wire connectors, etc.

GUARANTEE

• General: All work done under this contract, shall be guaranteed against all defects and fault of material and workmanship for a period of one (l) year following the filing of the Notice of Completion. All materials used shall carry a manufacturer’s guarantee of one (l) year.

• Should any problem with the irrigation system be discovered within the guarantee period, it shall be corrected by the Contractor at no additional expense to the City within ten (10) calendar days of receipt of written notice from the City. When the nature of the repairs as determined by the City constitute an emergency (e.g. broken pressure line) the City may proceed to make repairs at the Contractor’s expense.

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Attachment: RFP Cooley Dr WTR Conserv Landscape9-22 (3863 : Contract Award - Marina Landscape Inc.) 11 Any and all damages to existing improvement resulting either from faulty materials or workmanship, or from the necessary repairs to correct same, shall be repaired to the satisfaction of the City by the Contractor, all at no additional cost to the City.

Form of Guarantee; Guarantee shall be submitted on Contractor’s own letterhead as follows:

GUARANTEE FOR IRRIGATION SYSTEM

We hereby guarantee that the irrigation system we have furnished and installed is free from defects in materials and workmanship, and the work has been completed in accordance with the drawings and specifications, ordinary wear and tear and unusual abuse, or neglect expected. We agree to repair or replace any defects in materials or workmanship which may develop during the period of one year from date of filing of the Notice of Completion and also to repair or replace any damage resulting from the repairing or replacing of such defects at no additional cost to the City. We shall make such repairs or replacements within 10 calendar days following written notification by the City. In the event of our failure to make suc h repairs or replacements within the Time specified after receipt of written notice from the City, we authorize the City to proceed to have said repairs or replacements made at our expense and we will pay the costs and charges therefore upon demand.

PROJECT:

LOCATION:

SIGNED:

ADDRESS:

PHONE:

.4 After the system has been completed; the Contractor shall instruct the City in the operation and maintenance of the system and shall furnish two complete sets of operating instructions.

.5 Any settling of trenches which may occur during the one-year period following acceptance shall be repaired to City’s satisfaction by the Contractor without any additional expense to the City. Repairs shall include the complete restoration of all damage to planting, paving or other improvements of any kind as a result of the work.

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Attachment: RFP Cooley Dr WTR Conserv Landscape9-22 (3863 : Contract Award - Marina Landscape Inc.) 12 ELECTRIC CONTROLLERS and ENCLOSURES

'SMART' CONTROLLER

The Controller shall be of a hybrid type that combines electro-mechanical and microelectronic circuitry capable of fully automatic or manual operation. The controller shall be housed in a mounted, weather-resistant cabinet with a key- locking cabinet door suitable for either indoor or outdoor installation or as per plans. The controller shall have the ability to be in a language without altering the programming or operation information.

The controller shall have a base station capacity of 8 or 12 stations as well as 3 expansion slots capable of receiving station modules of 4, 8, or 12 stations to create a controller capacity of up to 48 stations. All stations shall have the capability of independently obeying or ignoring the weather sensor as well as using or not using the master valve. Station timing shall be from 0 minutes to 12 hours.

The controller shall have a Seasonal Adjustment by program, whi ch adjusts the station run time from 0 to 300% in 1% increments. Seasonal Adjustment shall be from 1 second to 16 hours.

The controller shall have 4 separate and independent programs which can have different start times, start day cycles, and station run times. Each program shall have up to 8 start times per day for a total of 32 possible start times per day. The 4 programs shall be allowed to overlap operation based on user -defined settings which control the number of simultaneous stations per program a nd total for the controller. The controller shall allow up to 5 24 VAC solenoid valves to operate simultaneously per program and shall have an electronic, diagnostic circuit breaker that shall sense a station with an electrical fault.

The calendar shall include a permanent day off feature that allows a day(s) of the week to be turned off on any user selected program day cycle. (Custom, Even, Odd, Odd31, & Cyclical). Days set to Permanent Day Off shall override the normal repeating schedule and not allowing the user to select up to 5 dates up to 365-days in the future when the controller shall not of days the controller should remain off before automatically returning to the auto mode.

The controller shall have Cycle+Soak water management software, which is capable of operating cycle time, shall not be extended by Seasonal Adjustment.

The controller shall incorporate a FloManager feature providing real -time flow, power, and station management. FloManager shall manage the number of stations operating at any point in time instead operate the highest priority stations first and the lower priority stations last.

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Attachment: RFP Cooley Dr WTR Conserv Landscape9-22 (3863 : Contract Award - Marina Landscape Inc.) 13 The controller shall offer Water Windows for each program. This function sets the allowed start and stop time where watering is allowed. If the watering cannot be completed by the time the Water Window closes, the stations with remaining run time are paused and watering automatically resumes when the Water Window opens the next time.

Smart Module sensor input shall accept a direct input from a flow sensor with no flow scaling device required. Module features shall include a FloWatch Learn Flow Utility, which learns the normal flow rate of rate and takes user defined actions if high flow, low flow, or no flow is detected. FloWatch shall station or master valve. FloWatch shall be compatible with both normally closed and open master with the flow sensing. This Water Windows shall offer programmable days of the week and manual watering additional flow rate.

The controller shall have an alarm indicator light with an external case lens on the front panel visible through the outer door with the door closed and locked. The alarm light shall prompt the user to select the alarm softkey to review the alarm condition(s).

The controller shall be compatible with the IQ v3.0 Central Control System utilizing IQ -NCC Central Computer and other controllers via a variety of communication options (Direct Connect Cable, Phone, GPRS/Cellular, Ethernet, WiFi, Radio, and IQNet Communication Cable). The IQ v2.0 Central Control System shall provide remote computer control of the controller providing automatic or manual program adjustments.

The controller shall be as manufactured by Rain Bird Corporation or City approved like product.

ELECTRIC CONTROL VALVES

• The electric remote control valve shall be a normally closed 24 VAC 50/60 Hz (cycles/sec) solenoid actuated globe pattern design. The valve pressure rating shall not be less than 200 psi.

• The valve body shall be constructed of heavy -duty glass-filled UV-resistant nylon and have stainless steel studs and flange nuts; diaphragm shall be of nylon reinforced nitrile rubber.

• The valve shall have both internal and external manual open/close control (internal and external bleed) to manually open and close the valve without electrically energizing the solenoid. The valve’s internal bleed shall prevent flooding of the valve box.

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Attachment: RFP Cooley Dr WTR Conserv Landscape9-22 (3863 : Contract Award - Marina Landscape Inc.) 14 • The valve shall house a fully -encapsulated, one-piece solenoid. The solenoid shall have a captured plunger with a removable retainer for easy servicing and a leverage handle for easy turning. This 24 VAC 50/60 Hz solenoid shall open with 19.6 VAC minimum at 200 psi (13,80 bar). At 24 VAC, average inrush current shall not exceed 0.41 amps. Average holding current shall not exceed

0.28 amps.

• The valve shall have a brass flow control stem for accurate manual regulation and/or shut-off of outlet flow. The valve must open or close in less than 1 minute at 200 psi (13,80 bar), and less than 30 seconds at 20 psi (1,38 bar).

• The PESB valve shall have a self-cleaning stainless steel screen designed for use in dirty water applications.

• The valve construction shall be such as to provide for all internal parts to be removable from the top of the valve without disturbing the valve installation.

• When so indicated on the design, the 1", 1 1/2", and 2" electric remote control plastic valves shall have a pressure regulating module (PRS -D) capable of regulating outlet pressure between 15 and 100 PSI (+/- 3 PSI) (1,04 and 6,90 Bar +/-0,21 Bar). The PRS -D module shall have a n adjusting knob for setting pressure and Schrader valve connection for monitoring pressure. The pressure shall be adjustable from the PRS-D when the valve is internally manually bled or electrically activated.
• The valve shall be manufactured by Rainbird Corporation, Glendora, California.

Or City approved like product.

• Provide waterproof plastic marker tags for all remote control valves. Tags shall indicate the respective controller station of each valve.

DRIP IRRIGATION COMPONENTS

A. Drip Control Zone Kits

1. General Information

a. Provide Control Zone Kits as indicated on construction drawings manufactured by Rainbird or like approved by City.

b. Control Zone Kit assemblies, for dripline irrigation zones must include control valve, filtration, and pressure regulation components sized to meet the hydraulic demands and flow requirements of the zones that they service. Kits to be per plan manufactured by Rainbird or like approved by City.

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Attachment: RFP Cooley Dr WTR Conserv Landscape9-22 (3863 : Contract Award - Marina Landscape Inc.) 15 B. PC Dripline and drip emitters

1. The drip tubing shall be Netafim CV per irrigation or like.

2. Pressure Compensating Modules (PCT-05, PCT-
07 and PCT-10) Manufactured by Rainbird or
like approved by City.

QUICK COUPLER VALVES

• The quick coupling valve shall be a two piece type capable of having a discharge rate of 15 gallons per mi nute (G.P.M.) with a pressure loss not to exceed 4.3 pounds per square inch (PSI).

• The valve body shall be constructed of heavy cast brass. The cover shall be durable, protective self-closing rubber cover. When so specified, the cover shall be a locking rubber cover (LRC).

• The valve shall be opened and closed by a brass key of the same manufacturer having a 3/4" (MNPT) and 3/4 " (FNPT) outlet. The valve throat shall have a keyway with detent positions for regulating water flow. • The valve shall be manufactured by Rainbird Corporation, Glendora, California.

Or City approved like product.

WIRING, LOW VOLTAGE

• Connections between the controller and remote control valves shall be made with valve manufacturer’s wire chart and specifications.

• Wiring shall occupy the same trench and shall be installed along with the same route as the pressure supply lines wherever possible.

• Where more than one wire is placed in a trench, the wiring shall be taped together at intervals of 12 feet.

• All splices shall be made using Scotch Lok Unipack waterproof sealing packets, Pen-Tite Connectors, or equal. An expansion loop of 18” shall be provided at each wire connection and directional turn.

• Sizing of wire shall be according to manufacturer recommendations, in no case less than AWG #14 gauge armored direct burial rodent proof equal to Paige wire.

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Attachment: RFP Cooley Dr WTR Conserv Landscape9-22 (3863 : Contract Award - Marina Landscape Inc.) 16 • Use a continuous wire between controller and remote control valves. Under no circumstances shall splices exist without prior approval. Any splices allowed shall be installed in an approved box.

• All ground wires shall be white AWG #12 size.

• Provide spare orange wires from controller to the end each mainline branch in system as shown on the plans, to be used as required as a spare. Label these wires as spare in the controller .

Loop wires into each valve box along the mainline run.

• Provide a tracer wire over all new mainline installations.

BACKFLOW PREVENTERS

• Reduced pressure type per Irrigation Legend installed in an enclosure.

VALVE BOXES

A. 10” Round Valve Boxes

1. Valve boxes s hall be used as durable, rigid enclosures for valves or other irrigation system components requiring subsurface protection for installation or maintenance. The valve box shall be made of structural foam HDPE resin that is resistant to UV light, weather, moisture, and chemical action of soils .

2. The body shall have knock- outs molded into the sides that can easily be removed. The knock outs shall remain an integral part of the body unless to run pipes or wires through the valve box .

3. The valve box shall have corrugated sides. The valve box shall have a stepped feature on the bottom that securely interlocks two boxes together when mated bottom - to- bottom for use in a deep installation.

4. There shall be no hole in the valve box lid unless the bolt -hole knock-out is removed in order to use the locking bolt. Lids shall have beveled edges to minimize potential damage from lawn equipment. Lids shall be clearly marked with the words "Irrigation Control Valve" molded onto the top. Lids shall have a marking area measuring at least 6" by 2" that is suitable for branding or other means of identification.

5. The locking bolt, washer, and clip shall be made of stainless steel.

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Attachment: RFP Cooley Dr WTR Conserv Landscape9-22 (3863 : Contract Award - Marina Landscape Inc.) 17 6. The valve box shall be manufactured by Rain Bird Corporation, Azusa, California or approved equal.

B. Standard Valve Boxes

1. Valve boxes shall be used as durable, rigid enclosures for valves or other irrigation system components requiring subsurface protection for installation or maintenance. The valve box shall be made of structural foam HDPE resin that is resistant to UV light, weather, moisture, and chemical action of soils.

2. The standard rectangular body shall have knock-outs molded into the sides that can be readily removed. The knock- outs shall remain an integral part of the body unless removed to run pipes or wires through the valve box.

3. The valve box shall have corrugated sides. Rectangular valve boxes shall have a grooved feature on one side, just below the lid at the top of the box, for inserting a shovel blade or other prying tool to provide easy lid removal. This is useful following compaction of the surrounding soil or after the eventual accumulation of thatch over the valve box.

4. Extension models shall have vertical ribs inside that make them capable of being mounted directly over the top of another box.

5. Boxes shall have a stepped feature on the bottom that securely interlocks two boxes together when mated bottom-to-bottom for use in a deep installation.

6. There shall be no hole in the valve box lid unless the bolt -hole knock-out is removed i n order to use the locking bolt. Lids shall have beveled edges to minimize potential damage from lawn equipment. Lids shall be clearly marked with the words “Irrigation Control Valve” molded onto the top. Lids shall have a marking area measuring at least 6” by 2” that is suitable for branding or other means of identification.

7. The locking bolt, washer, and clip shall be made of stainless steel.

C. JUMBO VALVE BOXES

1. Valve boxes shall be used as durable, rigid enclosures for valves or other irrigation system components requiring subsurface protection for installation or maintenance. The valve box shall be made of structural foam HDPE resin that is resistant to UV light, weather, moisture, and chemical action of soils.

2. The jumbo rectangular body shall have knock -outs molded into the ends that can be readily removed. The knock- outs shall remain an integral part of the body unless removed to run pipes or wires through the valve box .

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Attachment: RFP Cooley Dr WTR Conserv Landscape9-22 (3863 : Contract Award - Marina Landscape Inc.) 18 3. The valve box shall have corrugated sides. Rectangular valve boxes shall have a grooved feature on one side, just below the lid at the top of the box, for inserting a shovel blade or other prying tool to provide easy lid removal. This is useful following compaction of the surrounding soil or after the eventual accumulation of thatch over the valve box.

4. Extension models shall have vertical ribs inside that make them capable of being mounted directly over the top of another box.

5. Boxes shall have a stepped feature on the bottom that securely interlocks two boxes together when mated bottom-to-bottom for use in a deep installation.

6. There shall be no hole in the valve box lid unless the bolt -hole knock-out is removed in order to use the locking bolt. Lids shall have beveled edges to minimize potential damage from lawn equipment. Lids shall be clearly marked with the words “Irrigation Control Valve” molded onto the top. Lids shall have a marking area measuring at least 6” by 2” that is suitable for branding or other means of identification.

7. The locking bolt, washer, and clip shall be made of stainless steel.

8. The valve box shall be manufactured by Rain Bird Corporation, Azusa, California. Or City approved like product.

EXECUTION

3.1 GENERAL

Layout:

• Layout irrigation systems and make minor adjustments required due to differences between site and drawings. Where piping is shown on drawings under paved areas, but running parallel and adjacent to planted areas, install the piping in the planted areas. Drawings are diagrammatic.

• Diagrammatic Intent:

The drawings are essentially diagrammatic. The size and location of equipment and fixtures are drawn to scale where possible. Provide offsets in piping and changes in equipment locations as necessary to conform to the Planting Plan, present and future structures, and to avoid obstructions or conflicts with other work.

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Attachment: RFP Cooley Dr WTR Conserv Landscape9-22 (3863 : Contract Award - Marina Landscape Inc.) 19 • Grades:

Before starting work, carefully check grades to determine that work may safely proceed, keeping within the specified material depths with respect to finish grade.

• Inspections:

Prior to all work of this section, carefully inspect the installed work of other trades and verify that all work is complete to the point where installation may properly commence. Verify that irrigation system may be installed in strict accordance with all pertinent codes and regulations, the origi nal design, the referenced standards, and the manufacturer’s recommendations.

• Discrepancies:

.1 In the event of discrepancy, notify the Landscape Architect and City’s Representative. The Landscape Architect shall be responsible for the interpretation of any irrigation design questions.

.2 Do not proceed with installation in areas of discrepancy until all discrepancies have been resolved.

• Field Measurements:

Make all necessary measurements in the field to ensure precise fit of items in accordance with the original design. Contractor shall coordinate the installation of all irrigation materials with all other work.

TRENCHING

• Dig trenches and support pipe continuously on bottom of ditch. Lay pipe to an even grade. Trenching excavation shall follow layout indicated on drawings to the depths below finished grade and as noted. Where lines occur under paved areas, these dimensions shall be considered below subgrade .

• Provide minimum cover of 18 inches on pressure supply lines 4 inches and larger.

• Provide minimum cover of 18 inches on pressure supply lines 3 inches and smaller.

• Provide minimum cover of 18 inches for wires.

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Attachment: RFP Cooley Dr WTR Conserv Landscape9-22 (3863 : Contract Award - Marina Landscape Inc.) 20 • Provide minimum cover of 12 inches for non-pressure lines.

• Provide minimum cover of 24 inches for all pipe sleeved under paving.

• Where it is necessary to excavate adjacent to existing trees, the Contractor shall avoid injury to trees and tree roots. Excavation, in areas where 1-inch and larger roots occur, shall be done by hand. All roots 1-inch and larger in diameter shall be tunneled under and shall be heavily wrapped with wet burlap to prevent scarring or drying. If roots, 1 -inch or larger, must be cut the contractor shall consult with the owner’s representative first to obtain direction. Where trenching machine is run close to trees having roots smaller than 1 -inch in diameter, the wall of the trench adjacent to the tree shall be, hand trimmed, making a clean cut through the roots. If roots 1- inch and larger in diameter are cut they shall be painted with two coats of Tree Seal or approved equal. Trenches adjacent to trees shall be closed within 24 hours. Any roots 1 -inch or larger cut without the owner’s written authorization shall result in the contractor taking full responsibility for the trees’ continued health public safety. In addition, if the roots are cut without the owner’s written authorization, it will become the contractor’s responsibility to hire a California Certified Arborist for a period of one year to closely monitor the trees health at no addition cost to the city. If a tree begins to show signs of deterioration within the one year time span the Arborist shall be consulted to determine cause. If it is determined that the tree is failing due to construction excavation the contractor shall be responsible for replacing said tree(s) at no additional cost to the city. Replacement tree(s) shall be a minimum of 36” box size or as agreed upon with the City. See Planting Specifications.

BACKFILLING

• Initial backfill on all lines shall be of fine granular material with no foreign matter larger than 2 inch in size.

• Backfill shall be tamped in 4 -inch layers under the pipe and uniformly on both sides for the full width of the trench and the full length of the pipe. Materials shall be sufficiently damp to permit thorough compaction, free of voids. Backfill shall be compacted to dry density equal to adjacent undisturbed soil and shall conform to adjacent grades.

• Flooding in lieu of tamping is not allowed without specific prior approval.

• Under no circumstances shall truck wheels be used to compact soil.

• Provide sand backfill a minimum of 4 inches over and under all piping under paved areas.

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Attachment: RFP Cooley Dr WTR Conserv Landscape9-22 (3863 : Contract Award - Marina Landscape Inc.) 21 PIPING

• Piping under existing pavement may be installed by jacking, boring, or hydraulic driving. No hydraulic driving is permitted under asphaltic concrete pavement.

• Cutting or breaking of existing pavement is not permitted.

• Carefully inspect all pipe and fittings before installation, removing dirt, scale, and burrs and reaming; install pipe with all markings up for visual inspection and verification.
• Exercise care in handling, loading, unloading, and storing plastic pipe and fittings; store plastic pipe and fittings under cover until ready to install; transport plastic pipe on a vehicle with a bed long enough to allow the pipe to lay flat, avoid undue bending and any concentrated external load.

• Remove all dented and damaged pipe sections

• All lines shall have a minimum clearance of 4 inches from each other and 6 inches from lines of other trades.

• Parallel lines shall not be installed directly over one another.

• In solvent welding, use only the specified primer and solvent cement and make all joints in strict accordance with the manufacturer’s recommended methods; allow solvent welds at least 15 minutes setup time before moving or handling and 24 hours curing time before filling.

• 360 degree applicators shall be used to apply primer and solvent on sizes 2- 1/2 inches and larger.

• Centerload all plastic pipe prior to pressure testing.

• All threaded plastic-to-plastic connections shall be assembled using Teflon tape.

• For plastic-to-metal connections, work the metal connections first. Use a non- hardening pipe dope on all threaded plastic-to-metal connections, except where noted otherwise.

ASSEMBLIES

• Install all assemblies specified herein according to the respective detail drawings or specifications, using best standard practice.

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Attachment: RFP Cooley Dr WTR Conserv Landscape9-22 (3863 : Contract Award - Marina Landscape Inc.) 22 FLUSHING THE SYSTEM

• Prior to installation of emitters and bubblers and sealing driplines the valves shall be opened and a full head of water used to flush out the lines and risers.

• Emitters and bubblers shall be installed and driplines sealed after flushing the system has been completed.

ADJUSTING THE SYSTEM

• Contractor shall adjust valves, align heads, and check coverage of each system prior to coverage test.

• If it is determined by the City’s Representative that additional adjustments or nozzle changes will be required to provide proper coverage, all necessary changes or adjustments shall be made prior to any planting at no additional cost to the city.

• The entire system shall be operating properly before any planting operations commence.

• Contractor to adjust all bubblers, emitters and driplines to assure no flooding occurs causing erosion to the slopes. The contractor at no additional cost to the City shall repair any erosion caused by incorrectly adjusted irrigation.

COMPLETION CLEANING

• Upon completion of each phase of work, Contractor shall smooth all ground surfaces; remove excess materials, rubbish, debris, etc.; sweep adjacent streets, curbs, gutters, wal kways, and trails; and remove construction equipment from the premises.

END SECTION

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Attachment: RFP Cooley Dr WTR Conserv Landscape9-22 (3863 : Contract Award - Marina Landscape Inc.) 23 PROPOSAL REQUIREMENTS

SUBMITTAL DEADLINE

Three (3) copies of your proposal must be received by mail or hand delivered no later than 2:00 PM November 3, 2022.

Proposals received after the scheduled closing time for receipt of proposals will be returned to the bidder unopened.

AUTHORIZATION

The proposal shall be signed by an official authorized on behalf of the firm and shall contain a statement to the effect that the proposal is valid for ninety (90) days.

The Documents and all attachments thereto shall be executed in the following manner: If the bidder is:

• An individual, in the name of the individual and if doing business by a fictitious name, the fictitious name and, if the document is the Proposal or Agreement, the business address and telephone number of the individual must be shown below the signature.

• A partnership, in the partnership name and signed by a general partner, whose title must appear under the signature and, if the document is the Proposal or Agreement, the business address and telephone number of the partnership must be shown below the signature.

• A corporation, in the corporate name by a duly authorized officer or agent accompanied by evidence of authority to sign and the corporate seal must be affixed.

SUBMITTAL REQUIREMENTS

Proposal Forms have been included as part of this RFP. Proposals must be submitted on the blank forms prepared and furnished as part of this RFP. See attachments. All blanks on the Proposal Forms must be appropriately responded to. If an answer or other response to a blank is not applicable, the blank shall be responded to with “N/A.” The Proposal must be completed in ink or in typewritten form.

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Attachment: RFP Cooley Dr WTR Conserv Landscape9-22 (3863 : Contract Award - Marina Landscape Inc.) 24 Prospective Contractors shall submit proposals in a sealed envelope. All Proposals must be clearly marked with the Contractor’s return address in the upper left hand corner of the envelope with the envelope addressed as follows, or the City will not be responsible for the receipt of the proposal:

City of Colton
Public Works and Utility Services Department
160 S. 10th Street Colton, Ca 92324
Attn: Jessica Sutorus, Environmental Conservation Supervisor

Proposal for:

Cooley Drive Water Conservation
Landscape Rehabilitation Project Due:

November 3, 2022
Time: 2:00 p.m.

An item by item response is required in the same sequence as listed below:

• Completion of Parts A, B, C, D, E, & F of Proposal Forms is Required.

• Provide names of your principals and other key personnel to be assigned to this project. Include experience and background. Provide also name and title of key contact person and the name and phone number of your company’s President.

• List your firm’s role and experience in providing similar services to other clients.

Include overall capabilities of your organization, a brief summary of the firm’s history and its recent related experience with similar projects.

• Include a preliminary work schedule of how you will accomplish the work.

• List any subcontractors you propose to use in carrying out this assignment. (A sub- contractor is defined as any outside entity performing more than 5% of the work). (Part C)

• The proposal shall be signed by an official authorized on behalf of the firm and shall contain a statement to the effect that the proposal is valid for ninety (90) days.

• Review attached sample City of Colton standard Maintenance Contract. List any and all exceptions to the standard contract language.

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Attachment: RFP Cooley Dr WTR Conserv Landscape9-22 (3863 : Contract Award - Marina Landscape Inc.) 25 • Proposal Form “A” requires a lump sum pricing however, prospective proposers are requested to submit a complete breakdown of the pricing structure for the landscape and irrigation installation and maintenance. Contract may not be awarded based on lump sum pricing.

WITHDRAWAL OF PROPOSAL

The bidder may withdraw his bid by an appropriate document duly executed in the manner that a proposal must be executed and delivered to the place where the proposals are to be submitted at any time prior to the opening of proposals.

NOTICES

By submitting a response to the RFP, the proposing firm waives all rights to protect or seek any legal remedies whatsoever, regarding any aspect of the RFP, the City’s selection of a contractor, and the City’s rejection of any and all proposals.

The City reserves the right to select and negotiate with any firm for any price or provisions, accept any part, or all parts of any or all proposals, whichever is in the best interest of the City and the public.

The City hereby reserves the right to reject any and all proposals and to waive any irregularities. No bidder may withdraw his proposal for a period of ninety (90) days after the date of proposal opening.

The City is not responsible for the payment of any costs incurred by any firm or persons submitting a proposal in response to this RFP. The City reserves the right to reject, or modify, or cancel, in part or in its entirety, this RFP. All data, documents, and other products used during the study will remain the public domain upon completion of the project. Similarly, all responses to this RFP shall become the property of the City and will be retained or disposed of accordingly.

PROPOSAL EVALUATION

The top Contractors may be interviewed by a selection committee created by the Purchasing Department. The City Council will approve final selection. Purchasing staff will review and evaluate all proposals after formal receipt. To receive proper consideration, your proposal should be fully responsive to the RFP. The evaluation process will provide credit only for those capabilities and advantages, which are clearly stated in the submitter’s written proposal. In other words, advantages, which are not stated, will not be considered in the evaluation process.

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Attachment: RFP Cooley Dr WTR Conserv Landscape9-22 (3863 : Contract Award - Marina Landscape Inc.) 26 Proposals will be evaluated on the following: Responsiveness and completeness of the RFP, the reputation of the firm, and cost.

SCHEDULE FOR SELECTION OF CONTRACTOR
The following is a tentative schedule for awarding the contract:

September 15, 2022 RFP Posting
October 6, 2022 – 900am Non-Mandatory Job Walk
October 13, 2022 – 2:00pm Close of Question and Answer period November 3, 2022 - 2:00 PM Deadline to Submit Proposals December 6, 2022 Recommendation Made to City
Council Or at one of the City Council
next regular Meetings as scheduled.

CONTRACTUAL REQUIREMENTS

Attached hereto is a Sample Contract that the successful candidate(s) will be asked to execute upon awarding of the contract. Please review the contract and insure that your proposal takes into consideration each of the requirements of the contract.

CONTRACT PERIOD

All work shall be completed within 120 calendar days following written Notice to Proceed from the City.

CONTRACTOR’S LICENSE & CITY OF COLTON BUSINESS LICENSE

• At the time the contract is awarded, the Contractor shall possess the proper State of California Contractors License for Landscape and Irrigation Installation and Maintenance and a City of Colton Business License.

INSURANCE & BONDS

The Contractor will be required to furnish with the executed contract, insurance requirements as detailed in Sections 3.2.11 of the attached sample contract.

PREVAILING WAGES

The Contractor is required to pay State Prevailing Wages to each workman needed to execute the work and further agrees to comply with the penalty provisions of Section 1775 of the Labor Code.

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Attachment: RFP Cooley Dr WTR Conserv Landscape9-22 (3863 : Contract Award - Marina Landscape Inc.) 27 Notice is further given that the legislative body has obtained the general prevailing rate of per-diem wages in accordance with law to be paid for the execution of this contract. The schedule has been obtained from the Director of the Department of Industrial Relations, pursuant to the provision of Section 1773 of the Labor Code of the State of California and is on file with the City Clerk’s Office. A copy shall be posted at the job site during the course of construction. Contractor’s proposal should include estimates based on State Prevailing Wages and should refer to Section 3.3.5 (page of the attached sample contract for more information).

FEDERAL REQUIREMENTS

If this Project involves federal funds, Proposers will be required to submit all pertinent federal information in the Proposal Forms, and the successful Contractor will be required to comply with the federal requirements for federal-aid projects located in the Special Provisions, as well as any other requirements set forth in the Contract Documents.

PAYMENTS

Payment will be made within 45 days receipt of original invoice and other related documentation, as well as any other requirements set forth in the Contract Documents.

AWARD AND EXECUTION

The Contractor shall execute the contract and provide all required insurance documents within fifteen (15) days after he has been notified in writing of the award, and shall commence the work within five (5) days after contract execution, receipt of Notice to Proceed and a City of Colton Purchase Order.

SAFETY STANDARDS

The minimum safety standards for employee safety shall be those regulations issued by CAL/OSHA: for construction zones, it shall be the “Work Area Traffic Control Handbook” published by Building News, Inc. Safety Standards for traffic control shall be the “Traffic Manual” issued by the State of California, Department of Transportation.

In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property in performance of the Work. This requirement shall apply continuously and shall not be limited to normal working hours. The Contractor's duty to preserve safety shall include, but shall not be limited to, the erection and maintenance of temporary fences, bridges, railings and barriers; the placement of guards; maintenance and operation of sufficient lights and signals; and all other precautions necessary to maintain safety in the vicinity of the Work. Any duty on the part of the City’s Representative or other City employee or agent to give general engineering supervision of the Contractor's performance is not intended to include the review of the adequacy of the Contractor's safety measures.

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Attachment: RFP Cooley Dr WTR Conserv Landscape9-22 (3863 : Contract Award - Marina Landscape Inc.) 28 Nothing herein shall relieve Contractor of his sole and complete responsibility for safety conditions on the Site.

Pursuant to Labor Code Section 6705, if the Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the Labor Code, including Section 6705.

As required by Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

Hazardous Conditions: The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his operations. Any hazardous condition noted by the Contractor, which is not a result of his operations, shall immediately be reported to the City’s Representative.

EMPLOYEES

Emergency Personnel: The Contractor shall furnish sufficient supervisory and working personnel capable of promptly accomplishing on schedule, to the satisfaction of the City, all work required under this contract during the regular prescribed hours.

Employees of Contractor: Personnel of the Contractor who carry on their work in a noisy or careless manner, or who violate the provisions of the State Motor Vehicle Code while working shall be dismissed upon demand of the City.

All personnel of the Contractor’s field collection operation shall wear and maintain a presentable uniform.

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PUBLIC CONTRACT CODE AND LABOR CODE COMPLIANCE

Pursuant to Public Contract Code Section 22300, the successful bidder may substitute certain securities for funds withheld by City to ensure his performance under the Contract.

The Director of Industrial Relations has determined the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract which will be awarded to the successful bidder, copies of which are on file and will be made available to any interested party upon request at Public Works Department of City of Colton or online at http://www.dir.ca.gov/dlsr. A copy of these rates shall be posted by the successful bidder at the job site. The successful bidder and all subcontractor(s) under him, shall comply with all applicable Labor Code provisions, which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Contract, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors. 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.

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No Bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In bidding on this Project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its Bid.

INSPECTION

City/Contractor Inspections: The Contractor shall accompany the City on an inspection tour of all areas of responsibility whenever the City deems necessary. Defective Work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have previously been inspected, accepted or estimated for payment.

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Proposing firms are encouraged to contact Nicole Mihld, Purchasing Manager, at [email protected] with any questions regarding this Request for Proposals. No phone questions will be taken.

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PROPOSAL FORM

Proposals due no later than 2:00 P.M., on November 3, 2022 at the City of Colton, Public Works & Utility Services Department, 160 S. 10th Street, Colton, CA. 92324.

TO: CITY OF COLTON, acting by and through its Governing Body, herein called the "City".

Pursuant to and in compliance with your Request for proposal, the undersigned has carefully examined the specifications for the work to be performed, located in the CITY OF COLTON, San Bernardino County, State of California, and is conversant with and understands the amount and character of same.

The undersigned hereby proposes to furnish all materials, labor, tools, equipment, apparatus, facilities and transportation necessary for the work to be performed as bid upon herein, in strict conformity with the specifications and to execute the Contract therefor to the satisfaction of and under the supervision of the Project Manager or other representative of the CITY OF COLTON, at the prices listed below. Escalation of price will not be permitted and all prices shall include all applicable taxes.

All in strict conformity with the drawings and specifications and other Contract Documents, including Addenda No. , on file at the Public Works & Utility Services Department, 160 S. 10 St. Colton, CA. 92324, for the:

Cooley Drive Water Conservation Landscape Project for the City of Colton.

Total Amount of Base Proposal in Numbers:
$
Total Amount of Base Proposal in Words:
$
Prospective proposers are requested to submit a complete breakdown of the pricing structure for the landscape and irrigation installation and maintenance. Contract may not be awarded based on lump sum pricing.

NOTE: Bid shall include sales tax and all other applicable taxes and fees. When discrepancies occur between words and figures, the words shall govern.

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CITY OF COLTON

TO THE HONORABLE MAYOR AND CITY COUNCIL
In compliance with the Request for Proposal, published by your City, the undersigned hereby proposes to furnish all materials, equipment and all labor and methods and do all things necessary for the proper furnishing of the equipment, in strict and complete accord with the Specifications now on file with the City of Colton, at the prices set forth in the attached Proposal Schedule.

The undersigned hereby declares, as bidder, that he/she has examined the Specifications and also understands that all equipment to be furnished shall be for the proposal price, and that the undersigned has also checked all figures shown and understands that neither the City of Colton nor any officer thereof will be responsible for any errors or omissions on the part of the undersigned in submitting this proposal.

The City Council reserves the right to reject any and all proposals, waive any irregularities in Proposal or to award the Contract to other than the lowest bidder.

Enclosed is the proposal guaranty, made payable to the City of Colton, for the sum of $ , which is not less than ten (10) percent of the total amount of this proposal.

In accordance with Subsection 2.3 of the Standard Specifications for Public Works Construction, (most recent edition), and pursuant to Se ction 4100 to 4108, inclusive, of the Government Code of the State of California, the undersigned hereby designates below, the names and locations of each subcontractor who will perform work or labor or render service to the undersigned in or about "The Work" in an amount in excess of one-half of one percent (0.5%) of the proposal.

Name and Business address
_______________________________________________________________________ _______________________________________________________________________ Items of Work to Be Subcontracted: Subcontractors:

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TIME OF COMPLETION

The undersigned agrees that all of the work included in the contract shall be completed in ONE HUNDRED AND TWENTY CALENDAR DAYS From the date specified in the NOTICE TO PROCEED and Issuance of a City of Colton Purchase Order.

Licensed in accordance with an act providing for the registration Of contractors, License No. Class
*CONTRACTOR

BY TITLE

BUSINESS ADDRESS

TELEPHONE FAX___________________________

*If an individual, so state. If a firm or co-partnership, state the firm name, and give the names and addresses of all individual co-partners composing the firm. If a corporation, state the legal name of the corporation, also names of the President, Secretary, Manager, and Treasurer thereof, with their business addresses:

Corporation chartered under the
Laws of the State of

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NON-COLLUSION STATEMENT

Attached hereto is a statement in proof that the undersigned has not colluded with any person in respect to this proposal or any other proposal, or the submitting of proposals for the Contract for which this proposal is submitted.

NON-COLLUSION STATEMENT

1. He/She is
(owner, partner, officer, representative or agent)
of , the Bidder that has submitted
the attached Proposal;

2. He/She is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal;

3. Such Proposal is genuine and is not a collusive or sham Proposal;

4. Neither th e said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm, or person to submit a collusive or sham Proposal in connection with the Contract for which the attached Proposal has been submitted or to refrain from bidding in connection with such agreement or collusion or communication or conference with any other Bidder, fi rm or person to fix the price or prices in that attached Proposal or of any other Bidder, or to fix any overhead profit or cost element of the proposal price or the proposal price of any other Bidder, or to secure through any collusion, conspiracy, conniva nce or unlawful agreement any advantage against the CITY OF COLTON or any person interested in the proposed Contract; and

5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owner, employees, or parties in interest, including this affiant.

Signed:

Title:

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WORKER'S COMPENSATION INSURANCE

CERTIFICATE

The Contractor shall execute the following form as required by the California Labor Code, Section 1860 and 1861:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.

DATE: (Contractor)
(By)

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FORM OF BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and
as Surety, are hereby and firmly bound unto
as Owner in the penal sum of for the payment
of which, will and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

Signed this day of , 2022.

The condition of the above obligation is such that whereas the Principal has submitted to the City of Colton, a certain Bid, attached hereto and hereby made a part hereof to enter into a Contract in writing for the:

Splicing and termination of existing fiber optic cable at various locations in the City of Colton.

NOW, THEREFORE,
a. If said Proposal shall be rejected, or in the alternate. b. If said Proposal shall be accepted and the Principal shall execute and deliver a Contract in the Form of Contract attached hereto (properly completed in accordance with said Proposal) and shall furnish a bond for his faithful performance of said Contract, and shall in all other respects perform the agreement created by said Proposal, then this obligation shall be void, otherwise, the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Proposal; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF,
the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first mentioned.

By:_
(Principal)
By:_
(Surety)

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[***MODEL MAINTENANCE SERVICES AGREEMENT- REMOVE THIS TITLE WHEN USED***]
[TO BE INSERTED ON CITY OF COLTON LETTERHEAD]
[***FOR MAINTENANCE SERVICES – DEFINED AS:
(1) Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes. (2) Minor repainting.
(3) Resurfacing of streets and highways at less than one inch. (4) La ndscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. (5) Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher.**]

CITY OF COLTON

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***] 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 92234, C ounty of San Bernardino, State of California (“City”) and [***INSERT NAME***] , a [***[INSERT TYPE OF ENTITY -

CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY]***] with its principal place of business at [***INSERT ADDRESS***] (“Contractor”).

City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in providing [***INSERT TYPE OF SERVICES***] services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement,

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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.

2.2 Project; Colton Utility Authority.

City desires to engage Contractor to render such services for the [***INSERT NAME OF PROJECT***] project (“Project”) as set forth in this Agreement. [***INCLUDE THE FOLLOWING 2 SENTENCES ONLY IF AGREEMENT INVOLVES WATER OR WASTEWATER UTILITIES – DELETE OTHERWISE; ALSO DELETE “COLTON UTILITY AUTHORITY FROM TITLE OF RECITAL***]Contractor understands that the City has entered into a Utility System Management Agreement, dated as of September 1, 2000, with the Colton Utility Authority (“CUA”) for the maintenance, management and operation of its Water Enterprise and Wastewater Enterprise (“CUA Management Agreement”). To the extent that this Agreement is deemed to be a "material contract" under the CUA Management Agreement, City enters into this Agreement on behalf of the CUA and subject to the terms of the CUA Management Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services . Contractor 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 [***INSERT TYPE OF SERVICES***] maintenance services necessary for the Project (“Services”). The Services are more 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 [***INSERT START DATE***] to [***INSERT ENDING DATE***] , unless earlier terminated as provided herein. [***INSERT THE FOLLOWING SENTENCE FOR MULTI-YEAR, AUTOMATIC RENEWAL NOT TO EXCEED THREE CONSECUTIVE YEARS; OTHERWISE, ALWAYS DELETE: The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than [INSERT NUMBER] additional one -year terms.***] Contractor shall complete the Services 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 Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor . The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor 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

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of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor 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. Contractor shall be respo nsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor 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. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon reques t of City, Contractor 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 Contractor shall be subject to the approval of City.

3.2.4 City’s Representative. The City hereby designates [***INSERT NAME OR TITLE***], or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates [***INSERT NAME OR TITLE***], or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agree ment.

The Contractor’s Representative shall supervise and direct the Services, using his 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.

3.2.6 Coordination of Services. Contractor 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.

3.2.7 Standard of Care; Performance of Employees. Contractor 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. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, 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, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services

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necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub- contractors 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 Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall 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 provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. [***INCLUDE THE FOLLOWING SENTENCE ONLY IF YOU’RE INCLUDING LD’S – DELETE OTHERWISE – DON’T SIMPLY INSERT $0; ALSO DELETE “AND LIQUIDATED DAMAGES” FROM TITLE OF SECTION ***]Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of one hundred and fifty Dollars ($150)) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.

3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.2.10 Laws and Regulations; Employee/Labor Certifications . Contractor 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, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Healt h & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless,

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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; Contractor . By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state 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 Contractor.

Contractor 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. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an elec tronic 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 in formation of newly hired employees, or by some other legally acceptable method. Contractor 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 Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.

3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants 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 Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub- subcontractors or consultants 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 Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any pers on found not to be in compliance with such requirements.

3.2.10.4 Labor Certification . By its signature hereunder, Contractor 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 Workers’ 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.

3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry,

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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. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.10.6 Air Quality. Contractor 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, Contractor 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. Contractor shall indemnify C ity against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); laws, rules and r egulations of the Environmental Protection Agency and the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or perm its issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non -Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor 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, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirement s of the laws, regulations and policies

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described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance. [***CITY RISK MANAGER TO REVIEW TO DETERMINE WHETHER REQUIREMENTS AND LIMITS ARE ACCEPTABLE***]

3.2.11.1 Time for Compliance . Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secu red all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

3.2.11.2 Minimum Requirements . Contractor 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 Contractor, its agents, representatives, employees or subcontractors.

Contractor shall also require all of its subcontractors 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 (occurr ence 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 . Contractor shall maintain limits no less than: (1) General Liability: [***INSERT AMOUNT - TYPICALLY $1,000,000 MINIMUM; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] 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 Li ability:[***INSERT AMOUNT - TYPICALLY $1,000,000 MINIMUM; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] 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 limits of [***INSERT AMOUNT - TYPICALLY $1,000,000 MINIMUM; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY.

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PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] 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, Contractor 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 Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement.

3.2.11.3 Insurance Endorsements . The insurance policies shall contain the following provisions, or Contractor 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 respec t to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverag e, 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 Contractor’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 Contractor’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 3.2.11.3(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 Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the Cit y, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be

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excess of the Contractor’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 i nsurance 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 3.2.11.3(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 Contractor. (D) All Coverages . Each insurance 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.

3.2.11.4 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 Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right 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 subcontractors.

3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor 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 Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.2.11.6 Subcontractor Insurance Requirements . Contractor shall not allow any subcontractors 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 Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

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3.2.11.7 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.

3.2.11.8 Verification of Coverage . Contractor 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.

3.2.11.9 Reporting of Claims . Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submi tted by Contractor in connection with the Services under this Agreement.

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor 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 as 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 subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined 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.

3.2.13 Bonds.
[***NOTE (READ AND DELETE THIS BLOCK BEFORE USING
MODEL): SOME maintenance projects of more than $25,000 will require payment bonds BY LAW. see generally Civil Code Section 9550 or speak to the city’s PURCHASING DEPARTMENT or city attorney***]

3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not -to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not -to-exceed compensation indicated in this Agreement, and in a form provided or

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approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.3 Bond Provisions . Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds sha ll further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13.4 Surety Qualifications . Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.2.14 Accounting Records . Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor 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. Contractor 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.

3.2.15 Work Sites.

3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and

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other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non- conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the co urse of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers w ith respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, t o the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non -conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor 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 [***INSERT WRITTEN DOLLAR AMOUNT***] ($[***INSERT NUMERICAL

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DOLLAR AMOUNT***]) without written approval of City’s [***INSERT TITLE***] . 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. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor.

The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.5 Extra Work . At any time during the t erm of this Agreement, City may request that Contractor 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. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California 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 “publi c works” and “maintenance” projects. [***INSERT “IF” OR “SINCE” AS APPROPRIATE***] the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and [***INSERT “IF” OR “SINCE” AS APPROPRIATE***] the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per 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 Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),

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employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and al l subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may a lso be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor 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 Contractor or any subcontractor.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.4.3 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.

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3.5 General Provisions.

3.5.1 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 a s the respective parties may provide in writing for this purpose:

Contractor:

[***INSERT NAME, ADDRESS & CONTACT PERSON***]
City:

City of Colton
650 North La Cadena Drive
Colton, CA 92324
Attn: [***INSERT NAME & DEPARTMENT***]
Such notice shall be deeme d 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.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity . To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding . Contractor shall also

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reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in e nforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.5.3 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 notic es of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the 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 Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.5 City’s Right to Employ Other Contractors . City reserves right to employ other contractors in connection with this Project.

3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.7 Assignment or Transfer ; Colton Utility Authority . Contractor 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. [***INCLUDE THE FOLL OWING 2

SENTENCES ONLY IF AGREEMENT INVOLVES WATER OR WASTEWATER UTILITIES – DELETE OTHERWISE; ALSO DELETE “COLTON UTILITY AUTHORITY FROM TITLE OF SECTION***]To the extent that this Agreement is deemed to be a "material contract" under the CUA Management A greement, Contractor has no right to terminate this Agreement, either with or without cause, based upon the existence or non- existence of the CUA Management Agreement. Therefore, if the CUA Management Agreement expires or terminates for any reason, Contractor shall remain fully obligated to perform under this Agreement on behalf of the CUA or another third party contracted by the CUA for the maintenance, management and operation of the Water Enterprise and/or Wastewater Enterprise.

3.5.8 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

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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 Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All ref erences 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 defi ne, limit, augment, or describe the scope, content or intent of this Agreement.

3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.10 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.

3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.12 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.

3.5.13 Prohibited Interests . Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic 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.

3.5.14 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.

3.5.15 Authority to Enter Agreement. Contractor 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, r ight, and authority to make this Agreement and bind each respective Party.

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3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the 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.

3.5.18 Federal Provisions .[***INCLUDE THIS SECTION ONLY IF APPLICABLE; DEL ETE OTHERWISE. IF APPLICABLE, YOU MAY ALSO NEED TO INCLUDE SOME INFORMATION IN THE RFP. CONSULT AGENCY COUNSEL IF NECESSARY***]When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also f ully and adequately comply with the provisions included in Exhibit “D” (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.
[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***].

CITY OF COLTON [*INSERT NAME OF CONTRACTOR*]
[*INSERT NAME OF LEGAL ENTITY*]

By: ____________________________ By: _________________________ [***INSERT NAME***] [***INSERT NAME***]
[***INSERT TITLE***] [***INSERT TITLE***]

Attest:

____ By: _________________________
[***INSERT NAME***] [***INSERT NAME***]
City Clerk [***INSERT TITLE***]

[***INCLUDE FOLLOWING SIGNATURE BLOCK ONLY IF AGREEMENT INVOLVES WATER OR WASTEWATER UTILITIES – DELETE OTHERWISE ***]
Recommended for Approval:

_________________________
Executive Director
Colton Utility Authority

[***NOTE (READ AND DELETE THIS BLOCK BEFORE USING MODEL): SIGNATURE BLOCKS CAN VARY DEPENDING UPON THE CONSULTANT’S TYPE OF LEGAL ENTITY (E.G. CORPORATION; GENERAL PARTNERSHIP; LIMITED PARTNERSHIP; LIMITED LIABILITY PARTNERSHIP OR COMPANY; OR AN INDIVIDUAL). THIS

MODEL CONTAINS A GENERAL FRAMEWORK WHICH WILL WORK FOR MOST

CORPORATIONS, INDIVIDUAL (NON-CORPORATE) PARTNERSHIPS AND

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INDIVIDUAL SOLE PROPRIETORSHIPS. PLEASE REFER TO THE CITY CLERK’S “SIGNATURE REQUIREMENT” MEMO ON THE CITY OF COLTON INFO WEB FOR COMPLETE INFORMATION***]

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Exhibit A-1

EXHIBIT “A”

SCOPE OF SERVICES
[***INSERT SCOPE***]

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Exhibit B-1

EXHIBIT “B”

SCHEDULE OF SERVICES
[***INSERT SCHEDULE***]

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Exhibit C-1

EXHIBIT “C”

COMPENSATION
[***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***] [***SEE SECTION 3.2.13 ABOVE AND IF APPLICABLE, INSERT
PERFORMANCE/PAYMENT BONDS ON THE NEXT PAGE; IF NOT REQUIRED, STATE THAT THEY ARE NOT REQUIRED***]

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Exhibit D-1

[***INCLUDE THIS EXHIBIT (AND CORRESPONDING AGREEMENT PROVISION) ONLY IF APPLICABLE; DELETE OTHERWISE. IF APPLICABLE, YOU MAY ALSO NEED TO INCLUDE SOME INFORMATION IN THE RFP. CONSULT THE CITY ATTORNEY IF NECESSARY***]
EXHIBIT “D”

FEDERAL REQUIREMENTS
[***INSERT ALL FORMS, PROVISIONS AND OTHER REQUIREMENTS OF THE FEDERAL FUNDING SOURCE***]

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ITEM NO. 9

STAFF REPORT

DATE: DECEMBER 6, 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 CONTRACT AWARD TO ROY ALLAN SLURRY SEAL INC. FOR THE FY 22/23 SLURRY SEAL PROJECT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Staff recommends that the City Council:

1. Authorize the award of construction contract for the FY 22/23 Slurry Seal on various city streets in Colton Project to Roy Allan Slurry Seal, Inc. as the lowest r esponsive and responsible bidder in the amount of $347,424.21; and

2. Authorize the City Manager to execute the contract agreement with Roy Allan Slurry Seal, Inc.

BACKGROUND

The FY 2022-23 Slurry Seal Project on various Colton city streets is a cost -effective type of pavement maintenance. This type of street maintenance program is designed in such a way that that major and local streets receive a slurry seal treatment (surfacing) before it needs major repair and reconstruction. This street maintenance method can prolong the life of various City streets in a very cost effective way. The cost to slurry seal is about 15 to 20% of the cost of pavement overlay and lasts around t hree (3) to five (5) years. The Rubberized Slurry Seal Project includes the following local streets:

1. Agua Mansa Rd. - Rancho Ave. to 5th St.

2. Avenida Capistrano Ave. - End to Michigan Ave.
9 Packet Pg. 238
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Contract Award - Allan Slurry Seal Inc.

December 6, 2022

3. Avenida Carmel Ave. - End to Michigan Ave.

4. Avenida Monterey Ave. - End to Michigan Ave.

5. Birch Street - 5th St. to end

6. Cameron St. - Colunga St to Jacobs St.

7. Colunga Street - Helena St. to Navano St.

8. Congress Street - 5th St. to Walnut St.

9. Duron Court - Cameron St. to end

10. Evelyn Circle - Johnston Street to Johnston Street

11. Fox Court - Cameron St. to end

12. Gray Street - Michigan ave. to Pennsylvania Ave.

13. Helena Street - Stewart St. to Colunga St.

14. Jacobs Street - Colunga St.to Cameron St.

15. Julie Street - Michigan Avenue to Pennsylvania Ave.

16. Kennedy Street - Michigan Ave. to Serrano Ct.

17. Maple Street - 5th St. to end

18. Mesa Drive - Canyon Vista to end

19. Michigan Avenue - Kennedy St. to Mill St.

20. Mountain Court - Glenwood Ave. to end

21. Navano Street - Colunga St. to Duron St.

22. O' Street - Rancho to East end

23. Olivia Court - Navano St. to end

24. Roberta Court - Johnston Street to end

25. Serenata Street - Meridian Avenue to East end

26. Serrano Court - Johnston St. to North end

27. Sunset Court - Wild Canyon Drive to end

28. Terrace Avenue - Johnston St. to North end

29. Wild Canyon Drive - Glenwood Dr to end

30. 4th Street - O' St. to 'N' St.

31. Adel Court - Full Length

32. Alida Street - Full Length

33. Bertha Court - Full Length

34. Beverly Court - Full Length

35. Citrus Street - West end to Watwood Ave.

36. Jennifer Court - Full Length

37. Kimberly Avenue - Teresa Ave. to Patricia Ave.

38. Leslie Court - Full Length

39. Long Beach Drive - Macy Ave. to Patricia Ave.

40. Macy Avenue - Kimberly Ave. to PL past Leslie Ct.

41. Martha Court - Full Length

42. Patricia Avenue - Kimberly Ave. to Long Beach Dr.

43. Stella Court - Full Length

44. Teresa Avenue - Alida St. to Adel Ct.

45. Altissimo Lane - Orquestra Ct. to Randall Ave.
9 Packet Pg. 239
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Contract Award - Allan Slurry Seal Inc.

December 6, 2022

46. Amador Lane - West end to John Juarez Way

47. Bel Canto Court - Serenata St. to North end

48. Campana Court - West end to Altissimo Ln.

49. Coro Drive - Poema Dr. to North end

50. Del Giorgio Drive - West end to John Juarez Way

51. Janes Way - Meridian Avenue to John Juarez Way

52. John Juarez Way - Del Giorgio Dr. to Reyes Hernandez Ln.

53. Julian Court - West end to Cantara St.

54. Lawrence Garrett Street - Randall Ave. to Reyes Hernandez Ln

55. Michael D'Arcy Street - West end to John Juarez Way

56. Orquesta Court - West end to Cantara St.

57. Poema Drive - West end to Meridian Ave.

58. Porfirio Elias Way - Meridian Avenue to End

59. Reyes Hernandez Lane - Lawrence Garrett St. to John Juarez Wy.

60. Robert Crites Way - Porfiro Elias Way to William McGrath St.

61. Solista Circle - West end to Altissimo Ln.

62. Visconti Drive - Meridian Avenue to Del Giorgio Drive

63. William McGrath Street - West end to John Juarez Way

64. Zaragoza Avenue - West end to John Juarez Way

ISSUES/ANALYSIS

In accordance with Colton Municipal Code Sect ion 3.08.090, a request for Notice Inviting Formal Bids was sent for publication on September 30, 2022 and October 7, 2022. The sealed bid opening took place on October 27, 2022 at 3:00 P.M. in the City Hall Conference Room.

Four (4) bid proposals were received from contractors. The sealed bids received are as follows:

1. Pavement Coatings Co. $477,928.00

2. All American Asphalt $549,249.00

3. American Asphalt South, Inc. $430,690.15

4. Roy Allan Slurry Seal, Inc. $347,424.21

Staff recommends award of a construction contract to Roy Allan Slurry Seal, Inc. as the lowest responsive and responsible bidder in the amount of $347,424.21. The Engineer’s Estimate for the Project is $471,073.

FISCAL IMPACTS

Sufficient appropriations are available in the ado pted FY2022 -23 budget. Below is the breakdown of the project funding:

9 Packet Pg. 240
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Contract Award - Allan Slurry Seal Inc.

December 6, 2022

Funding Source Account No. Roy Allan
Contract
CFD 88-1 450-2233-6985-3890-0000-000 $ 77,155.59
CFD 89-2 450-2235-6985-3890-0000-000 $118,566.32
Citywide/Measure l 218-2237-6150-3890-0000-000 $61,702.30 Host City 240-2133-6150-3890-0000-000 $90,000.00
Total $347,424.21

ENVIRONMENTAL IMPACTS

The Project is Categorically Exempt project under California Environmental Quality Act (CEQA) Section 15301 (c) – No expansion of use of ex isting street. A Notice of Exemption was filed on September 28, 2022.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - Contract

2. Exhibit B - Locations
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ITEM NO. 10

STAFF REPORT

DATE: DECEMBER 6, 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 A RESOLUTION ACCEPTING A CLIMATE

RESILIENCY GRANT AWARD FROM THE SOUTHERN

CALIFORNIA GAS COMPANY COMMUNITY INVESTMENT FUND

AND THE CALIFORNIA COMMUNITY FOUNDATION,
RESOLUTION NO. R-121-22.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve Resolution No. R -121-22 to authorize the acceptance of a grant award from the SoCal Gas Company Community Investment Fund at the CA Community Foundation; and

2. Amend the FY2023 budget increasing revenues and appropriations for $50,000 to accoun t for the grant acceptance; and

3. Authorize the City Manager or his designee to execute in the name of the City of Colton all grant documents, including but not limited to, applications, agreements, amendments and requests, necessary for this grant project.

BACKGROUND

The City of Colton received notice from SoCalGas Company that they have been the successful applicant to receive a Climate Adaptation Planning Grant in the amount of $50,000.

ISSUES/ANALYSIS

In 2021 Claremont Pitzer College, W.M. Keck S cience Department, partnered with the City of 10 Packet Pg. 320
Staff Report to the Mayor and City Council
Grant Award - Southern California Gas Company
December 6, 2022

Colton Sustainability Division to develop a Climate Vulnerability Assessment. From this study the following six factors were identified that made the City of Colton vulnerable to climate change:

1. Heatwaves: From the baseline 1961 - 1990, the City of Colton experienced an average of 4 days per year that exceeded 104.9 degrees Fahrenheit. Going forward, model projections indicate between 16 and 55 extreme heat days by mid -century under the high GHG emissions scenario (RCP 8.5) (California Energy Commission 2021)

2. Wildfires: The City of Colton has already identified that increases in drought conditions and the amount of dry vegetation can act as fuel for wildfires (Colton Electric Department 2019b)

3. Flooding: Significant flooding events will occur more frequently in the Santa Ana River area while the flow rate will increase to more than 100,000 cfs (cubic foot per second) (Blickenstaff et al. 2013)

4. Drought: Longer dry seasons, coupled with increased average temperature s are suspected to increase severity and longevity of droughts. Warmer temperatures decrease relative humidity and soil moisture and reduce snowpack

5. Strain on Energy Grid: Increasing temperatures are expected to drive up energy demand in Southern California due to increased use of air conditioning. By the end of the century, electricity demand is projected to exceed the peak load (highest power demand) for almost every summer days in California (Sathaye et al. 2011); and

6. Air Quality: Projected impacts of th is climate change in California are summarized in California’s Fourth Climate Change Assessment (Bedsworth et al. 2018). Briefly, annual average maximum daily temperatures are projected to warm 5.6 degrees Fahrenheit to 8.8 degrees Fahrenheit with the current rate of Green House Gas (GHG) emissions.

By receiving these funds the City of Colton will develop a Community Resiliency Study that will come up with solutions to help mitigate the vulnerabilities identified above and provide some guidance to achieve the following outcomes:

1. Strengthen emergency management capacity to respond to extreme heat

2. Improve capacity of the community to respond to extreme heat

3. Enhance reliability of the grid during high heat events; and

4. Decrease Urban Heat Island effect.

FISCAL IMPACTS

Amend the Fiscal Year 2022-23 budget to increase appropriations by $50,000 in Electric Utility Environmental Sustainability and Conservation Professional Services Expenditure Account 520- 8000-8005-2350-0923-000 and increase revenue in Electric Utility Fund Grant Account Number 520-7821-000 by $50,000.

ALTERNATIVES
10 Packet Pg. 321
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Grant Award - Southern California Gas Company
December 6, 2022

1. Provide alternative direction to staff.

ATTACHMENT

1. R-121-22 Climate Resiliency Grant Award

2. Colton Climate Vulnerability Assessment FINAL 11.10.22 10 Packet Pg. 322
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-1-

RESOLUTION NO. R-121-22

RESOLUTION OF THE COLTON CITY COUNCIL AUTHORIZING THE

ACCEPTANCE OF GRANT AWARD FROM SOCAL GAS COMPANY

COMMUNITY INVESTMENT FUND AT THE CA COMMUNITY
FOUNDATION AND AMEND THE FY2022-23 BUDGET IN THE AMOUNT OF $50,000

WHEREAS, The City of Colton received notice from SoCalGas Company that they have been the successful applicant to receive a Climate Adaptation Planning Grant in the amount of $50,000, and;
WHEREAS, In 2021 Claremont Pitzer College, W.M. Keck Science Department, partnered with the City of Colton Sustainability Division to develop a Climate Vulnerability Assessment.

From this study the following six factors were identified that made the City of Colton vulnerable to climate change, and;
WHEREAS, 1. Heatwaves: From the baseline 1961 - 1990, the City of Colton experienced an average of 4 days per year that exceeded 104.9 degrees Fahrenheit. Going forward, model projections indicate between 16 and 55 extreme heat days by mid-century under the high GHG emissions scenario (RCP 8.5) (California Energy Commission 2021), and; WHEREAS, 2.Wildfires: The City of Colton has already identified that increases in drought conditions and the amount of dry vegetation can act as fuel for wildfires (Colton Electric Department 2019b), and;
WHEREAS, 3. Flooding: Significant flooding events will occur more frequently in the Santa Ana River area while the flow rate will increase to more than 100,000 cfs (cubic foot per second) (Blickenstaff et al. 2013), and;
WHEREAS, 4. Drought: Longer dry seasons, coupled with increased average temperatures are suspected to increase severity and longevity of droughts. Warmer temperatures decrease relative humidity and soil moisture and reduce snowpack, and; WHEREAS, 5. Strain on Energy Grid: Increasing temperatures are expected to drive up energy demand in Southern California due to increased use of air conditioning. By the end of the century, electricity demand is projected to exceed the peak load (highest power demand) for almost every summer days in California (Sathaye et al. 2011), and;

WHEREAS, 6. Air Quality: Projected impacts of this climate change in California are summarized in California’s Fourth Climate Change Assessment (Bedsworth et al. 2018). Briefly, annual average maximum daily temperatures are projected to warm 5.6 degrees Fahrenheit to 8.8 degrees Fahrenheit with the current rate of Green House Gas (GHG) emissions, and; WHEREAS, By receiving these funds the City of Colton will develop a Community Resiliency Study that will come up with solutions to help mitigate the vulnerabilities identified above and provide some guidance to achieve the following outcomes:

1. Strengthen emergency management capacity to respond to extreme heat

2. Improve capacity of the community to respond to extreme heat

3. Enhance reliability of the grid during high heat events; and

4. Decrease Urban Heat Island effect.

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Attachment: R-121-22 Climate Resiliency Grant Award (3865 : Grant Award - Southern California Gas Company) 1 2
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NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BYTHE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:

SECTION 1. Approve Resolution No. R-121-22 to authorize the acceptance of a grant award from SoCal Gas Company Community Investment Fund at the CA Community Foundation;

SECTION 2. Amend the adopted FY2023 budget to:
 Increase appropriations by $50,000 in Electric Utility Fund Environmental Sustainability & Conservation Professional Services Expenditure Account 520-8000-8005-2350-0923- 000;
 Increase revenue in Electric Utility Fund Grant Account Number 520 -7821-000 by $50,000 and;

SECTION 3. Authorize the City Manager or his designee to execute in the name of the City of Colton all grant documents, including but not limited to, applications, agreements, amendments and requests, necessary for this grant project.

PASSED, APPROVED AND ADOPTED THIS 6TH DAY OF DECEMBER 2022.

__________________________________
FRANK J. NAVARRO
Mayor
ATTEST:

______________________________
CAROLINA R. PADILLA
City Clerk

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Attachment: R-121-22 Climate Resiliency Grant Award (3865 : Grant Award - Southern California Gas Company)

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 2 Prepared by
EA100 Global Climate Change, Fall 2021
Professor Branwen Williams, Evie Andrade, Caitlyn Arce, Anna Bagley, Hava Chishti, Sophia Cook, Kate DeMarsh, Lily Fillwalk, Mason Hernandez, Simone Henry, Kelly Keene, Olivia Klein, Nhi Phan, Max Proctor, Kati Tuemmler, Tate Tussing, Niklas Ugalde Recarte, Melia Waring, and Bryan Williams
In partnership with
Jessica Sutorus, City of Colton

Supported by
Professor Susan Phillips and Teresa Sabol Spezio
Robert Redford Conservancy for Southern California Sustainability, Pitzer College

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 3 Contents

Introduction ..................................................................................................................................... 5 City Background and Demographics .......................................................................................... 5 Climate Change ........................................................................................................................... 5 Climate Vulnerability and Resilience .......................................................................................... 6 Chapter 1: Climate Impacts ............................................................................................................ 7 Atmospheric pollution .................................................................................................................. 7 Climatology .................................................................................................................................. 8 Water Quality, Flooding, and Security ........................................................................................ 9 Chapter 2: Model Projections ....................................................................................................... 10 Stressors ................................................................................................................................... 10 Stressor 1: Temperature ....................................................................................................... 10 Stressor 2: Rainfall ................................................................................................................ 11 Stressor 3: Winds .................................................................................................................. 12 Stressor 4: Extreme Weather/Storms ................................................................................... 13 Risks .......................................................................................................................................... 13 Risk 1: Heat waves ................................................................................................................ 13 Risk 2: Wildfires ..................................................................................................................... 15 Risk 3: Flooding ..................................................................................................................... 16 Risk 4: Drought ...................................................................................................................... 17 Risk 5: Strain on energy grids ............................................................................................... 18 Risk 6: Air Quality .................................................................................................................. 18 Chapter 3: Social systems ............................................................................................................ 19 Social Vulnerabilities ................................................................................................................. 19 Human health and welfare .................................................................................................... 20 Economic Impacts ................................................................................................................. 20 Chapter 4. Built Environment ........................................................................................................ 21 Systems Infrastructure .............................................................................................................. 21 Buildings ................................................................................................................................ 24 Chapter 5. Pathways to resilience ................................................................................................ 28 Heatwaves ................................................................................................................................. 28 Flooding ..................................................................................................................................... 29 Drought .................................................................................................................................. 30

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 4 Strain on Energy Grid ................................................................................................................ 32 Air Quality .................................................................................................................................. 32 Additional Recommendations................................................................................................ 33 Works Cited................................................................................................................................... 35

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 5 Introduction
City Background and Demographics
The City of Colton, San Bernardino County, California has a population of 54,828, of which approximately 70% of the population is Hispanic (as of 2018) (Southern California Association of Governments 2019). The City of Colton has served as a hub of activity since the 1700s in the Inland Empire (History of Colton | Colton, CA - Official Website). Beginning as an agricultural city supplying the Los Angeles area with citrus fruits, the City of Colton transformed into a center of transportation with the introduction of the Southern Pacific Railroad in 1875. In the first decades of the 21st century, it has become a crucial part of the transportation and logistics industries with two freight railroad lines, eight trucking routes, and two freeways. The surrounding county has three major airports, six Interstate Highways, two U.S Highways, and eighteen State highways, which provides the infrastructure to make the City of Colton a distribution center point.

The 2018 median household income in the City of Colton was $47,256, which places it below the mediun income for San Bernardino and the broader region, including Imperial County, Los Angeles County, Orange County, Riverside County, San Bernardino County, and Ventura County (Southern California Association of Governments 2019). Furthermore, air pollution related to the influx in the transportation and logistics industries impacts community member health (Bluffstone and Ouderkirk 2007). Combined, these factors identify the City of Colton as a SB 535 Disadvantaged Community, calling upon the State of California to improve air quality and economic conditions (“Disadvantaged Communities” n.d.).

Climate Change
Human activities including greenhouse gas emissions (GHGs) and land use changes are warming our planet (IPCC 2014). Projected impacts of this climate change in California are summarized in California’s Fourth Climate Change Assessment (Bedsworth et al. 2018). Briefly, annual average maximum daily temperatures are projected to warm 5.6 °F to 8.8 °F with the current rate of GHG emissions. While California experiences high variability in year-to-year precipitation, models suggest that rainfall events will become more extreme while the number of dry years will increase (Swain et al. 2018). The higher temperatures combined with the dry years will stress California’s freshwater reservoirs while simultaneously increasing wildfire risk (Bedsworth et al. 2018). The rainfall events may encounter drier soil caused by drought conditions and/or wildfires could increase the risk of flash flood events (Modrick and Georgakakos 2015; Guilinger et al. 2020).

The Inland Empire’s climate is hot and dry, with geographic variability in the region largely related to elevation and distance from the ocean. Climate change will increase both the number

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 6 of extremely hot weather days (defined as temperature > 95 °F) and the average nighttime low temperature extremes (Hopkins 2018). Inland areas such as Colton will warm faster than areas that are closer to the ocean. Model projections suggest little change in average annual rainfall by the end of the century, but significant increases in year-to-year variability, such that drier years will become drier and wetter years will become wetter (Hopkins 2018). Higher temperatures will also increase evaporation, leading to decreasing soil moisture and amplify drought conditions.

Climate Vulnerability and Resilience
The City of Colton has progressively proposed measures to reduce its own environmental footprint, such as water efficient landscaping, green building ordinances, smart bus technologies, and urban tree planting (City of Colton 2015). Despite this, with projected future climate change, the residents of the City of Colton will experience dramatically different environmental conditions than today, impacting their quality of life (“San Bernardino County Community Indicators Report” 2020). In this report, we consider the vulnerability and resilience of the City of Colton to these future changes. Vulnerability describes the susceptibility of harm imposed by stresses associated with climate change and the absence of capacity to adapt.

Resilience considers the capacity to recover and adapt to the changes. Climate resilience not only represents the ability to recover from heat, drought, or extreme weather events, but also to anticipate and create frameworks so everyone in the community is supported and educated about the systems in place to act and respond. This climate vulnerability assessment creates a framework for the City of Colton to anticipate, learn from, and plan for the future. The document outlines the current, pressing issues affecting the environmental and public health of City of Colton residents. Ultimately, the main objective is to increase resilience to the risks that greenhouse gas concentrations present throughout the region through current and future impacts on temperature, rainfall, winds, and extreme weather and storms.

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 7 Chapter 1: Climate Impacts
Atmospheric pollution
Greenhouse gases (GHGs) and air pollution are primarily emitted in the City of Colton from transportation sources and land use changes (City of Colton 2015). Air pollutants released include lead, ozone, carbon monoxide, nitrogen dioxide, sulfur dioxide, and particulate matter (PM). In the City of Colton, the main atmospheric pollutants are PM2.5 and ground-level ozone.

PM2.5 is particulate matter that is roughly 2.5 micrometers, and is emitted through various sources, such as trucks and automobiles, coal-fired power plants, and other industry sectors, as well as reactions between chemicals such as nitrates, sulfates, and volatile organic compounds (VOCs) (Marshall 2013). Ground-level ozone is a secondary pollutant created by reactions between oxides of nitrogen, methane, and VOCs (Sicard et al. 2017). Air pollutants can lead to health impacts including cardiovascular and lung issues, and in extreme cases can lead to mortality (Dominici et al., 2000). Due to the transportation and logistics industry, some California communities are disproportionately burdened by air pollution, include the City of Colton (

Figure 1).

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 8 Figure 1. CalEnviroScreen 3.0. (Rodriquez and Zeise 2017). The black circle marks the approximate location of the City of Colton.

GHG emission mitigation also reduces air pollution, benefitting the health of residents (West et al. 2013). In the Inland Empire, vehicle emission policies since the 1960s have reduced ozone concentrations (Figure 2) (Garcia et al. 2019; Rowan 2019; Schwarzman et al. 2021). Even with these improvements, San Bernardino County has some of the worst ozone pollution in the United States: approximately 172.8 high ground-level ozone days a year placing over two million citizens in San Bernardino at high risk for conditions such as asthma, chronic obstructive pulmonary disease, lung disease, and cardiovascular disease (American Lung Association 2021).

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 9 Figure 2. Ozone exceedance days in California from 1990 to 2018 (Rowan 2019).

Climatology
Historical temperatures in the City of Colton range from average low temperatures in the low 40s during the winter months and increase to average high temperatures in the 90s in August.

The 30-year average temperature from 1961 to 1990 was 79.4°F (California Energy Commission 2021). The 30-year annual average rainfall (1961 to 1990) was 12.0 inches, with average daily maximum rainfall of 1. 283 inches and maximum length of dry spell within a given year was 121 days (California Energy Commission 2021). Prevailing winds are typically the westerlies, bringing winds from the Pacific Ocean onsho re, which carries the winter rains onshore. Thus, rainfall is most prevalent in the winter months. However seasonally during the fall and winter, the Santa Ana winds may dominate, which carry extremely dry air into Southern California. Occasionally, the North American Monsoon brings summer rains from the Pacific Ocean, the Gulf of California and the Gulf of Mexico into the region.

Due to the increased levels of atmospheric greenhouse gases, there has been a modern, post- industrial trend of increasing global temperatures (IPCC, 2014). This warming will lead to heatwaves, changed precipitation and wind patterns, which will in turn impact flooding/drought and wildfires (Guzman‐Morales and Gershunov 2019).

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 10 Water Quality, Flooding, and Security
The City of Colton relies on local groundwater drawn from the San Bernardino Basin Area, the Rialto-Colton sub-basin, and the Riverside North sub-basin. Emergency water supply can also be accessed through the cities of Riverside and San Bernardino, Riverside Highland Water Company, and West Valley Water District, respectfully. The drinking water is safe for consumers in City of Colton, passing federal and state requirements for the level of contaminants (City of Colton Water Department 2019).

Figure 3. Historical drought conditions of San Bernardino County and the city of Colton since 2000 (“Conditions for Colton, CA (San Bernardino County)” n.d.). From 2012 to 2017, there is a trend of prolonged and intensive drought conditions.

San Bernardino naturally experiences multiple consecutive years of low rainfall leading to drought conditions ( Figure 3). In 2015, in accordance with California’s Executive Order B-29- 15, the City of Colton enacted Ordinace O-09-14 to implement a water conservation plan (City of Colton, 2014). The purpose of the ordinance is to preserve water resources for the necessities of “human consumption, sanitation, and fire protection”. Efforts to reduce water consumption include rebate programs, usage restrictions, and penalty fees for violators.

Currently, the City of Colton is adapting a Water Shortage Contingency Plan that identifies shortage response actions when water supply is insufficient to meet expected water use (“Water / Wastewater | Colton, CA - Official Website” n.d.). Furthermore, the City of Colton worked with other water suppliers to develop an updated integrated regional urban water management plan to identify long term strategies to maintain sufficient groundwater (Water / Wastewater | Colton, CA - Official Website (coltonca.gov)). This plan considers water security under future climate projections (including drought scenarios) largely by balancing water use from the groundwater basins with recharge.

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 11 Chapter 2: Model Projections
Over the next few decades, the City of Colton faces four main climate stressors – these are the climatic changes that the City of Colton will face in the future: (1) temperature, (2) rainfall, (3) winds, and (4) extreme weather/storms. In addition, six main climate risks – adverse impacts that may result from these stressors – include (1) heatwaves, (2) wildfires, (3) flooding, (4) drought, (5) strain on energy grids, and (6) air quality. To understand how to respond and prepare for these changes, the report details two potential response scenarios. The high emissions scenario (RCP 8.5) presents a future with no climate change mitigation. The medium emissions scenario (RCP 4.5) presents a future with some mitigation resulting in a stabilization of atmospheric CO2 concentrations of ~ 650 parts per million (ppm) CO2-equivalents by the year 2100 (Thomson et al. 2011).

Stressors
Stressor 1: Temperature
Due to anthropogenic (human-caused) land surface changes and increased greenhouse gas emissions, the Earth’s atmosphere is increasingly retaining more of the energy re-emitted from the earth, which is experienced as increases in average temperatures. Without any changes in our current activities, the RCP 8.5 model projects the City of Colton to experience a 5.0 – 5.6°F increase in mean temperatures by 2050, and up to a 9.1°F increase by 2100 (Figure 4). While these projections assume a “worst case” climate scenario that is consistent with our current trajectory, more ambitious scenarios that reflect human mitigation activities still indicate a significant warming trend. For instance, under a moderate climate mitigation scenario (RCP 4.5 model), average temperatures in the City of Colton are expected to increase 4.0 - 4.7°F by 2050 and 5.2 - 5.8°F by 2100 (California Energy Commission 2021). Even with mitigation efforts, a substantial increase in average temperatures in the City of Colton over the next decades is projected. The effects of increasing temperatures include higher risk of wildfires (Risk 1), droughts (Risk 3), energy grid strain (Risk 5) and heat-related illnesses.

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 12 Figure 4. Annual average maximum temperatures in the City of Colton from recorded data from 1950 to projected data up to 2100. High emissions (purple) represents projections for temperatures without any climate change mitigation. Medium emissions (blue) represent projection temperatures with some mitigation.

Stressor 2: Rainfall
Human-induced alterations to the Earth’s climate system also cause changes to precipitation patterns as water evaporates more easily under higher temperatures.

Although average annual precipitation may increase with higher mean temperatures, the changes in rainfall are irregular across regions, which cause some areas to become wetter and others drier. Under a “business-as-usual” emissions scenario (RCP 8.5) and under emissions mitigation scenarios (RCP 4.5), the City of Colton is projected to receive slightly less annual precipitation, which could decrease by approximately 0.4 -

0.6 inches per year by mid-century and the end of century (Figure 5). However, significant uncertainty exists around those projections. In contrast, greater certainty exists with respect to future changes in precipitation intensities and dry spell periods.

Maximum rainfall in a day is projected to increase up to 12.7% (+0.125 inches) by mid- century and up to 20.6% (+0.244 inches) by 2100 (“Cal-Adapt”, 2021). Similarly, the maximum length of dry spells will increase from the current average of 121 days per

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 13 year up to an average of 129 days by mid-century. In 2100, the average dry spell period in the City of Colton will reach between 130 to 140 days per year (California Energy Commission 2021). The prolonged dry spell periods may exacerbate wildfire risk and increase the risk of flooding events during storms due to reduced capacity of soils to absorb water.

Figure 5. Annual average Precipitation in the City of Colton from recorded data from 1950 to projected data up to 2100 (California Energy Commission 2021).

Stressor 3: Winds
Changes in global climate, especially temperatures, alter the circulation of air in the atmosphere. As glaciers increasingly melt with rising temperatures, faster warming at high latitudes is expected, which reduces temperature differences between warm, tropical regions (low latitudes) and cold, glacial regions (high latitude). By reducing temperature differences, the atmospheric pressure gradient decreases, which causes winds to slow down on a global scale. More locally, both in the City of Colton and California, wind speeds are expected to decrease by approximately 2 - 8% from current averages (Pierce, Kalansky, and Cayan 2018). By 2050, the average number of extreme wind days in the City of Colton is projected to decrease by 2 - 3 days per year

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 14 compared to current averages (Western Riverside Council of Governments 2021).

While the slowing of wind speeds will reduce the risks of wildfires, it will also contribute to greater warming throughout the greater Los Angeles area since winds circulate cool air into cities. Reduced wind speeds may also have implications on air quality in the City of Colton and energy generation from wind power in California.

Stressor 4: Extreme Weather/Storms
Despite uncertainty in projections for wind speeds and annual precipitation in the City of Colton over the coming decades, extreme weather conditions are expected to intensify and become more frequent. By the end of the century, atmospheric cloud events with heavy rainfall are expected to double in frequency while also increasing by 40% in severity across Southern California (Hall, Berg, and Reich 2018). Similarly, the greater Los Angeles area is expected to experience a 60% to 100% increase in extreme dry-to- wet “whiplash” events by the end of the century (Swain et al. 2018). This leads to increased conditions of droughts followed by heavy precipitation events that cause floods.

Risks
Risk 1: Heat waves
With climate change, the City of Colton is at risk for intensive heat waves and short-term events of extremely hot temperatures (e.g., Figure 6). Historically, these events have become more humid and affected nighttime temperatures at a higher intensity than daytime temperatures (Gershunov and Guirguis 2012). From the baseline 1961 - 1990, the City of Colton experienced an average of 4 days per year that exceeded 104.9 °F.

Going forward, model projections indicate between 16 and 55 extreme heat days by mid-century under the high GHG emissions scenario (RCP 8.5) (California Energy Commission 2021). Heat-related deaths are predicted to increase in the future as a result, particularly in concentrated urban areas (Weinberger et al. 2017). Under an emission mitigation scenario (RCP 4.5), extreme heat days may increase to roughly 22 and 31 days per year by mid-century and end of century, respectively. Similarly, the average number of warm nights (above 69.1° F) in the City of Colton per year are projected to spike under both business-as-usual and mitigation scenarios. We project warm nights to increase six to seven-fold by mid-century from current averages of 5 days per year, and nine to eighteen-fold by the end of the century (California Energy Commission 2021). Hence, warm nights might exceed 35 days per year by 2050 and 90 days per year by 2100.

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 15 Figure 6. United States of America air temperature from September 6th, 2020 during a prevalent heatwave (“California Heatwave Fits a Trend” 2020).

Heat related days in cities are expected to double by 2050 (Figure 7), and triple or quadruple by 2090 as a result of increasing average temperatures (under both RCP 4.5 and 8.5 models), disproportionately impacting vulnerable populations (Weinberger et al. 2017). Elderly people and outdoor workers are at highest risk of potentially deadly heat- related illnesses, although other populations are also vulnerable. Associated illnesses include heat stroke, heat exhaustion, rhabdomyolysis, heat syncope, heat cramps, or heat rash. The symptoms of the illnesses can be as minimal as dehydration, but as extreme as death or permanent disability (“Heat Stress Related Illness” 2020). Elderly people without social networks and those with high blood pressure tend to be at highest risk for these illnesses. Additional information on impacts on health can be found below in the section: Human Health and Welfare.

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 16 Figure 7. Expected change in number of extreme heat days to 2050 (California Energy Commission 2021). The black circle marks the approximate location of the City of Colton.

Risk 2: Wildfires
Wildfires can occur frequently in the western United States, with fires ignited both naturally by lightning and by human causes including smoking, arson, downed or sparking powerlines, and vehicles (Keeley and Syphard 2018). Wildfire risk is increasing due to higher average temperatures and prolonged droughts which extends the wildfire season length and increases frequency of events (Sun et al. 2019; Westerling 2018).

The Inland Empire including San Bernardino is sometimes excluded from projected wildfire analysis (Keeley and Syphard 2018; Williams et al. 2019). In southern California, wildfire risk relates to temperature, vapor pressure deficit, grass and shrub cover, and the distance to roads and housing (Faivre et al. 2016; Li and Banerjee 2021).

The City of Colton has already identified that increases in drought conditions and the amount of dry vegetation can act as fuel for wildfires (Colton Electric Department 2019b). For San Bernardino County, models project an increase in area burned from an annual average of 9.5 acres to 12.3 acres by the end of the century. However, these models project a decrease in area burned for the City of Colton from an annual average of 48.5 acres to 6.8 acres (Figure 8) (California Energy Commission 2021), potentially as

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 17 a reflection of land use changes and reduced vegetation. In the City, only the Reche Canyon area is at substantial wildfire risk.

Air pollution from wildfires affects communities locally and regionally. As wildfires increase across the West Coast, air quality issues will increase in the City of Colton in the coming decades. Smoke from wildfires contains particulate matter, carbon monoxide, nitrogen oxides, and methane that affect human health and contributes to the formation of ozone. Wildfire pollutants lead to 339,000 additional deaths annually (Di Liberto 2018). The economic value of U.S. health impacts from short-term exposures to wildfire smoke is between $11 billion and $20 billion (2010 US dollars) per year and the value of long-term exposures is between $76 billion and $130 billion (2010 US dollars) per year (Neal Fann et al. 2018). Therefore, while wildfire risk in the City of Colton may be minimal, the secondary effects from regional fires will continue to be a risk for the local community.

Figure 8. Annual average area burned in acres from 1950 to projected 2100 in the city of Colton area (California Energy Commission 2021).

Risk 3: Flooding
Higher intensity precipitation and more extreme storms are expected to cause increased flooding events, especially in urban areas without sufficient natural water retention capacities. Furthermore, drier soil and soil in wildfire-burned areas is less absorbent,

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 18 causing more water to glide over the soil surface before it begins to be absorbed.

Significant flooding events will occur more frequently in the Santa Ana River area while the flow rate will increase to more than 100,000 cfs (cubic foot per second) (Blickenstaff et al. 2013). Santa Ana River flooding will become more frequent and stronger. Within the City of Colton, 428 people and several key facilities including a Fire Station and the city’s Water Reclamation Facility are in the 100-year flood plain and additional 7,700 people live in the 500-year flood plain (
Figure 9) (City of Colton 2019b). Most importantly, the City of Colton faces a significant inundation risk if the Seven Oaks Dam were to fail due to increased water retention behind the dam (City of Colton 2019b).

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 19 Figure 9. 100-year and 500-year flood plan marked in the City of Colton. Figure from (City of Colton 2019b)

Risk 4: Drought
Longer dry seasons, coupled with increased average temperatures are suspected to increase severity and longevity of droughts. Warmer temperatures decrease relative humidity and soil moisture and reduce snowpack. California has recently experienced the most intense drought conditions in California history from 2012 to 2017. This period led to a $1.7 billion crop loss, loss of 102 million forest trees, and inadequate water management (Howitt et al. 2015; Lund et al. 2018; U.S. Department of Agriculture 2016). The latest drought outlook for July 2021 puts San Bernardino County in severe to exceptional drought (National Drought Mitigation Center at the University of Nebraska- Lincoln, United States Department of Agriculture, and National Oceanic and Atmospheric Administration n.d.).

Climate change will intensify the impacts and increase the frequency of future droughts.

The projected mid-century drought will bring more extreme heat days, low snowpack,

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 20 increased soil drying, and forest loss (Ullrich et al. 2018). These conditions increase risk of poor drinking water, decreased air quality, inadequate nutrition, reduced sanitation, and disease. Drought may cause water shortages, urban forest loss (in part due to increased vulnerability of vegetation to disease), and an increased risk of poor air quality from wildfires within the City of Colton.

Risk 5: Strain on energy grids
Increasing temperatures are expected to drive up energy demand in Southern California due to increased use of air conditioning. By the end of the century, electricity demand is projected to exceed the peak load (highest power demand) for almost every summer days in California (Sathaye et al. 2011). A mean temperature increase of 5.0°F will decrease the capacity of transmission lines by 7.5% (Sathaye et al. 2011). Similarly, during extreme heat waves, electricity deficits as high as 17% are projected (Miller et al. 2008). The increase in heat days will drive a higher demand for electricity, increasing the stress on energy grids. However, the transmission line capacity will also decrease due to the increase in temperature causing further outages. Wildfires are projected to increase within San Bernardino County. This will lead to an increase in transmission lines exposure to wildfires, which is an issue in Colton’s Reche Canyon area. To address this risk, the City of Colton has adopted a fire mitigation plan and insulated its transmission lines.

Risk 6: Air Quality
Assessment of air quality includes factors such as pollution from burning of fossil fuels or greenhouse gas content to ozone density. Poor air quality has adverse effects on human health. Based on 2002 data, the Centers for Disease Control and Prevention estimated that poor air quality-related health issues cost $6.5 billion nationwide. Air pollution can cause respiratory and cardiovascular damage; diabetes, obesity, and reproductive, neurological, and immune system disorders. For San Bernardino County to meet the federal 8-hour ozone National Ambient Air Quality Standard, a reduction from over 250 ppm to below 150 ppm of NOx by 2023 is required (N. Fann et al. 2016).

With the current pollution output of trucks, rail, and factories, increases in temperature, and possible slowing of winds, the City of Colton will encounter worsening air quality in the future.

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 21 Chapter 3: Social systems
Social Vulnerabilities
To assess the City of Colton’s overall climate vulnerability, it is essential to consider the city’s social systems and their vulnerabilities in relation to the effects of climate change.

Social vulnerability factors include age, socioeconomic status, race, and disability status. Although the effects of climate change will be felt by everyone, racial-ethnic and socioeconomic disparities in climate change vulnerability are prevalent. Approximately 52% of households in the City of Colton earn less than $50,000 annually and about half of the city’s residents rent their homes. The majority of residents live in single-family detached homes that account for an average of 36.7% of their total household income (Southern California Association of Governments 2019). Lower income households often have limited access to emergency services and health care, which can be essential when faced with a natural disaster or extreme weather event. Generally, the inability to spend money on rebuilding, fixing damages, or replacing essential items will be disproportionately faced by lower income communities and increase with more frequent and extreme natural disasters or weather events.

With over 80% of the population traveling to work via car and with a commute greater than 30 minutes, the City of Colton’s residents are both creators and recipients of local air pollution due to transportation (Southern California Association of Governments 2019). The reliance on cars for long commutes has become more prevalent in recent years, and residents are carpooling 7.8% less than they did at the start of the 21st century. More environmentally conscious transportation choices such as biking may not be an option for many City of Colton residents, who have long distance commutes to their jobs. Often only those with short commutes can partake in sustainable alternatives to their normal transportation habits, and residents that rely on time-consuming or long- distance commutes to work usually have constraints that prohibit change.

Elderly populations are the most vulnerable to degraded air quality, often struggling with chronic health problems, or limited mobility. Additionally, elderly people are more likely to live alone, which decreases their ability to receive care in the event of a natural disaster or extreme weather event. Many elderly residents live on a fixed income with limited social networks. Natural disasters pose several other risks to the elderly due to greater difficulties they may have with finding adequate shelter or methods to evacuate.

Human health and welfare
The effects of climate change will negatively impact human health and welfare in many ways. In Southern California, heat, fire, and drought will contribute to increasing heat-

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 22 related illnesses, breathing troubles, heart issues, contamination of food and water, injuries, mental health challenges, and the spreading of infectious diseases (Constible 2019). In the City of Colton, the most relevant impacts to human health may be heat waves and poor air quality.

As the number of hot days increases, heat cramps, heat stroke, and heat-related heart attacks will become more common (Constible 2019). Heat also contributes to the photochemical reactions that produce smog and increased ground-level ozone and particulate matter (PM2.5). In urban areas, hotter temperatures are exacerbated by the urban heat island effect (Maizlish et al. 2017). The populations most vulnerable to heat are young children, older adults, people experiencing poverty, people with chronic illnesses, people experiencing homelessness, and people who work outdoors (Constible 2019).

Southern California wildfire smoke contributes to particulate matter which can worsen air quality hundreds or thousands of miles from the burn site. This particulate matter can lead to respiratory infections, cardiac arrests, low birth weight, poor mental health, asthma, and chronic obstructive pulmonary disease (Constible 2019). Wildfire smoke may compound health effects on very hot days and the existing poor air quality already present in the Inland Empire.

Economic Impacts
The impacts of climate change will impact the City of Colton’s economy in several ways.

Generally, increasing temperatures lead to a decrease in worker’s productivity, leading to economic losses and a reduction in overall social welfare (Heal and Park 2016). This impact is significant: high temperatures (defined as over 78°F) slow global economic growth roughly 0.25 percentage points per year and is expected to increase to 0.28 percentage points in future years (Hsiang et al. 2016). Economic impacts on businesses depend on the sector. For instance, transportation, retail, manufacturing, and wholesale industries comprise 28.5% of jobs in the City of Colton (Southern California Association of Governments 2019). These four sectors are vulnerable to climate changes that will negatively affect transportation infrastructure. These impacts to infrastructure can disrupt supply chains across the country and incur economic losses to businesses.

Some sectors, like retail (13%) and construction (4.2%), may benefit from an increase in warmer days in winter, although workers who work outside in the heat may also experience a decrease in productivity and suffer health impacts. The increased strain on energy grids and more frequent power outages in California will negatively affect businesses and production that are unable to operate without reliable power sources.

The economic losses of businesses in a variety of sectors will impact city tax revenues.

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 23 The economic costs of climate change will also be felt at an individual level. The health impacts of climate change increase healthcare costs and affect individuals’ ability to work. Households can remain comfortable in higher temperatures using air-conditioning units, which increase energy costs or increases health risks for those who cannot afford to use it. Infrastructure damage as a result of wildfires and floods place an economic burden on homeowners, landlords, and renters, and increase insurance rates (Roland- Holst and Kahrl 2008). With over 80% of the population relying on cars to get to work (Southern California Association of Governments 2019), damage to road infrastructure will be critical to worker economic productivity.

Chapter 4. Built Environment
Systems Infrastructure
Energy Plants
Energy in the City of Colton is distributed by local infrastructures, such as the City of Colton’s Electricity Utility and by regional utilities, SoCalGas and Southern California Edison. Maintaining the infrastructure (power plants, power lines, pipelines, etc.) to distribute these energy sources is critical to City of Colton’s residents. This becomes crucial, especially moving forward, as future energy usage is expected to increase with a warming climate. The City of Colton outlines their planning efforts to deal with future power supply issues in their 2019 Integrated Resource Plan (Colton Electric Department 2019a).

Electricity
Electric power infrastructure is comprised of transformers, power lines, and substations (Burillo et al. 2019). The components are spread across the City of Colton and they are exposed to a variety of climate change-induced hazards. Heat and wildfires in a semi- arid environment have multiple impacts on electric power infrastructure. The infrastructure is vulnerable to rising temperatures since warming reduces the components’ safe operating capacities and overusing air conditions or other cooling devices produces strain its capacity (Burillo et al. 2019). The Local Hazard Mitigation Plan (City of Colton 2018) reports that none of the City of Colton’s eight key electric facilities are in high risk wildfire areas; however, power lines are present in these areas.

Wildfires can destroy the power line infrastructure or make it inoperable by ionizing the surrounding air (Burillo 2018). The power lines located in Reche Canyon are in an area prone to wildfires and the area has a track record of high severity burns, such as the 1981 fire that burned 4,051 acres (City of Colton 2018). Infrastructure in Reche Canyon, Loma Linda, parts of the Grand Terrace, and an area contained within the Santa Ana River/Highway 215/Riverside are risk from wildfire (Figure 10).

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 24 Figure 10. Wildfire risk for the City of Colton. Figure from (City of Colton 2018)

Three of the eight key electric facilities may be in 500-year flood plains in Northern Colton, around East Washington, or along Agua Mansa Road/Santa Ana River. Though the Southern California region is arid and current warming trends are projected to decrease precipitation, flash flooding is a climate change hazard facing the City of Colton (Modrick and Georgakakos 2015). Excessive flooding and high rainfall impairs electrical infrastructure by damaging towers/lines through soil erosion, interfering with electrical delivery, and flooding components that are underground (Burillo 2018).

To maintain its electrical infrastructure, the City of Colton must meet high-electrical demand, regulate system temperatures, protect more dispersed components, and develop a blockage or drainage system to divert excessive water. In the City of Colton, equipment failures can occur when temperatures at night do not cool down enough to cool equipment causing power faults in the system. Distributed generation, such as solar photovoltaics (PVs) with smart inverters and storage, can efficiently help electric plants meet high demands (Burrilo et al., 2019). Moreover, planning the placement of air chillers and generators may prevent the components from overheating (Burillo 2018; City of Colton 2018).

Natural Gas

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 25 Though natural gas generates electricity, it is also used for heating and cooling. The thermoregulatory infrastructure is composed of wells, processing plants, pipelines, storage, and liquid natural gas (LNG) facilities. However, external sources reveal that there are pipelines distributed across the City of Colton. For the purpose of this study, the SoCalGas pipelines will be used to explore potential climate related risk on Natural Gas Infrastructures.

Natural gas is a flammable substance, making it an extreme heat and wildfire risk if it were to leak from pipelines (both high pressure and transmission) or from storage. By taking account of the Local Hazard Mitigation Plan (City of Colton 2018) and related pipeline maps, natural gas transmission are located in the City of Colton wildfire regions. For example, high pressure SoCalGas pipelines intercept at high-risk areas such as South La Cadena Drive and Loma Linda. Potential climate change risks include combustion-related damage to the surrounding infrastructure and power failure (City of Colton 2018).

A major transmission pipeline in northern part of the City of Colton crosses waterways and 100/500-year-flood plains. The location of the transmission pipeline, along with other high-pressure pipelines in northern Colton, makes natural gas facilities vulnerable during excessive precipitation and flooding events. Climate change-intensified rainfall can loosen soil surrounding the pipeline, which weakens the pipeline’s stability (AghaKouchak et al. 2020). The pipeline can also be weakened by direct influx from flooding, and runoff following excessive precipitation (AghaKouchak et al. 2020; Moftakhari and AghaKouchak 2019). Thus, protecting dispersed infrastructure is a strategy that can be applied for wet seasons and flooding. Constructing storm water drainage system and guards around transmission areas or pipelines may be a solution to protect them from flooding or intense precipitation (AghaKouchak et al. 2020; Moftakhari and AghaKouchak 2019).

Water
The City of Colton operates water retrieval facilities for the Rialto-Colton Basin, one of the largest potable aquifers in the State of California. The infrastructure that extracts water from the aquifer includes thirteen wells, four main booster pumping plants, five water storage reservoirs, two pressure reducing facilities, and over 169 miles of water transmission and distribution pipelines. Insufficient water, flooding and potentially dam failure are the largest risks to water infrastructure. Approaches to mitigate these risks are outlined in the Water Shortage Contingency Plan (draft - 2021) and the Integrated Regional Urban Water Management Plan (2020).

Wastewater

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 26 Risk of floods due to more frequent extreme wet weather events will increase the risk of damage to wastewater systems. Floods can cause system overflows which damage pipelines, treatment plants and increase risk of unintended wastewater release. The City of Colton is prepared for accidental wastewater release, and outlined an Overflow Emergency Response Plan, with specific steps for the containment of released wastewater and for the control of crowds and transportation. Floods can cause damage to storage sites for sanitation chemicals, leading to toxic release into municipal waterways. Under extreme rainfall conditions the City of Colton is permitted to discharge secondary treated wastewater directly to the Santa Ana River (https://www.ci.colton.ca.us/653/Wastewater-Information).

Solid Waste
The biggest threats to landfills are floods, which can rapidly transport large amounts of solid waste and contaminants and lead to leaching. The City of Colton’s primary waste collection facility, the Inland Regional Material Recovery Facility, located near the crossing of I-10 and I-215, is not in the 100- or 500-year floodplain nor in a wildfire risk area.

Buildings
Housing
Extreme heat poses one of the largest threats to housing. Extreme temperatures will put a strain on electrical supplies through increased reliance on air-conditioning and heating systems. The Colton Electric Utility department provides rebates for upgrades and replacements for air conditioning units (Air Conditioning Program | Colton, CA - Official Website 2021). Housing and air-conditioning play an especially important role for senior members of the community, because of their increased vulnerability to extreme heat.

Twelve percent (1,929) of the City of Colton’s households are elderly households (City of Colton 2014). The city has been working with San Bernardino County’s Senior Home Repair Program to help rehabilitate the homes of senior community members (City of Colton 2014). Weatherization programs have been developed to assist every homeowner in improving their household energy efficiency (City of Colton 2014). This not only reduces the energy bills for households, but also promotes the continued function of home energy systems in the face of increased extreme weather conditions.

Flood risk also has the potential to damage housing infrastructure. A relatively low number of City of Colton residents live within the 100-year floodplain, while thousands are in the 500-year floodplain. The City of Colton is a participating community in the National Flood Insurance Program (NPIP), which provides flood insurance for homeowners, renters and businesses (City of Colton 2018). The NPIP follows the City of Colton's Floodplain Management Regulations, with residences and businesses in the floodplains mapped in the City Code of Ordinances Chapter 15.22, are eligible. NPIP

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 27 also allows the City of Colton’s infrastructure to become more resilient against floods by regulating building construction in the 100-year floodplain and updating standards for new homes.

Other threats to housing include wildfires, landslides, and earthquakes. A little under one-fifth of City of Colton residents live in wildfire hazard zones, with the highest risk occurring in the La Loma Hills and the Reche Canyon areas (City of Colton 2018). The City of Colton Electric Department has developed plans for fighting fires in both areas in the 2019 Wildfire Prevention and Mitigation Plan (City of Colton 2019a). The La Loma Hills and Reche Canyon areas are also in areas of elevated landslide risk. A number of homes along the Alquist-Priolo fault zones in Northeast Colton are at elevated risks for earthquakes (City of Colton 2018).

Municipal Buildings
The City of Colton’s Capital Improvements Program prioritizes public works projects, including the retrofitting and maintenance of government buildings (City of Colton 2021).

In the case of future hazardous climatic events, the city can include projects to improve building resilience in the improvement program. The City of Colton’s Building Maintenance Department is equipped to maintain and update the infrastructure of government buildings. The Building Maintenance Department maintains buildings housing fire departments, libraries, police departments, community centers, and other municipal services. Fire Station 3 is in the dam failure hazard zone (City of Colton 2018). Since the Emergency Operations center is located in Firehouse 3, this is an especially important community asset. The City of Colton already identified in the 2018 Local Hazard Mitigation Plan that developing a backup location for the Emergency Operations Center is a priority (City of Colton 2018). Fire Station 4 is in the Alquist- Priolo fault zone which is a moderate wildfire risk zone (City of Colton 2018). The relocation of these two facilities outside the hazard zones was discussed as a mitigation strategy. Similar to the Reche Canyon neighborhoods, the Reche Canyon Elementary school is at high wildfire risk.

Hospitals
Among several healthcare centers, one key hospital facility exists in the City of Colton:
the Arrowhead Regional Medical Center. A hospital’s primary function is to provide medical services to their patients. Tasks to run an efficient facility include water and medicine distribution, waste disposal, treating wounds or infectious diseases, and generating enough power to run crucial equipment, such as life support (Watts et al. 2015). When climate change related risks impair hospital infrastructure, it impedes the facility from carrying out its tasks. The Arrowhead Regional Medical Center is not present in any of the flood plains or wildfire severity zones; however, it is susceptible to extreme temperatures or weather events. Hospitals require a constant supply of energy

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 28 for their operations (Benjamin 2016). The Arrowhead Regional Medical Center relies on an efficient and constant flow of energy. Heat waves and high temperature can impair hospital energy use and equipment, given its impacts on electricity infrastructure. Heat- related effects include limited access to cooling units and decreased energy supply for life support and similar medical technology (Cooley et al. 2012; Wilbanks and Fernandez 2014).

Various solutions exist to adjusting hospital infrastructure for extreme temperature and weather events. Infrastructure adaptations to heat events include installing air conditioners and natural ventilation, developing thermal insulation to limit temperature fluctuations, and adjusting building features (ex. windows) to maximize shading (Loosemore, Chow, and McGeorge 2014). Similar to energy infrastructures, providing solar panels with batteries can ensure hospitals maintain technological support during heat-related power outages and limit the refueling process required for back-up generators.

Transportation
The City of Colton has a wide array of transportation infrastructure, including roadways, railways, public transit options, and walkways. It has two major freeways, Interstate 10 running east-west and Interstate 215 running north-south (City of Colton, 2018).

Omnitrans which provides the primary public transit option in City of Colton maintains seven bus routes within the city that also connect to hubs in surrounding communities.

Railways are of major significance to the City of Colton’s history, serving as important industry in the community. The two major railways in the City of Colton include the Union Pacific railroad tracks running east-west alongside Interstate 10 and the BNSF railroad tracks running north-south alongside La Cadena Drive. Rail is also a key contributor to pollution, and as Colton faces increased expansion through the Intermodal Transfer Facility, this problem may worsen into the future.

The US Environmental Protection Agency articulates that burning fossil fuels such as gasoline and diesel releases carbon dioxide into the atmosphere, making the transportation industry the largest source of U.S. greenhouse gas emissions (28 percent of total U.S. greenhouse gas emissions). The City of Colton provides several public options for transportation that reduce overall pollution, such as busing and biking, decreasing its overall volume of carbon emissions that cause poor air quality and climate change. However, the use of these amenities in place of private automobiles is low. Furthermore, air pollution associated with the logistics and transportation industry contributes to local greenhouse gas emissions and air pollution, placing a disproportionate burden on sensitive communities.

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 29 Chapter 5. Pathways to resilience
City officials can take measures to anticipate, prepare, and lessen climate impacts in the future, especially on vulnerable populations. When combined with physical risk indicators like proximity to floodplains, socioeconomic factors can identify the populations most in need of support and critical preparedness infrastructure. Intentional measures involving multiple stakeholders throughout the city will help equitably combat the projected impacts of climate change. Intervention plans should be tailored to local needs, and require coordination between local health agencies, social services, voluntary agencies, school districts, ministries, universities, professional bodies, trade associations, and the National Weather Service. Engaging a wide range of stakeholders is crucial to accomplishing proper climate change mitigation. The City of Colton should consider the following recommendations based on these current risks: heat waves, flooding, drought, energy grid strain, and air quality.

Heatwaves
Review: The average number of extreme heat days (above 104.9°F) in the City of Colton are expected to increase over the next century. The rise in heatwaves and/or extreme weather events disproportionately impacts vulnerable populations and puts electrical systems at risk (refer to Models and Projections section for more information).

Investing in emergency heatwave management and heatwave prevention will pay long- term dividends for the City of Colton and its residence. The recommendations will prove critical so people, businesses, and the power grid can withstand extreme heat in the near future. The following recommendations address these issues. Recommendations were gathered from the Heatwave Planning Guide from the City of Victoria (Department of Health & Human Services 2012). The recommendations were selected based on their alignment with the City of Colton’s specific impacts:

Recommendations

1. Strengthen emergency management capacity to respond to extreme heat. a. Develop spatial maps of heat risk to maximize effectiveness of emergency management to respond to the most vulnerable people;
b. Create a heatwave response plan;
c. Further develop cooling centers;
d. Develop cool routes such as shaded walkways and promote awareness.

2. Improve capacity of the community to respond to extreme heat. a. Identify most vulnerable populations and the local temperature threshold at which heat becomes a threat;
b. Communicate with the public and businesses to raise awareness of heatwave risks and mitigation tools;

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 30 c. Invest in equity and social networks projects.

3. Enhance reliability of the grid during high heat events. a. Enhance modeling and analytics for forecasting impacts and facilitating response to grid conditions;
b. Expand grid automation to automatically respond to heat conditions; c. Build redundancy into the communication network;
d. Regularly test primary and backup communications capabilities to control and monitoring points on the grid.

4. Decrease Urban Heat Island effect.
a. Construct cool roofs, painted white or with highly reflective paint to absorb less heat;
b. Use lighter color paving options of roads and surfaces; c. Plant and maintain trees to shade the ground and surrounding structures.

Flooding
Extreme weather conditions in the City of Colton are expected to intensify and occur more often, with the amount of heavy rainfall to double in frequency and nearly double in severity. Additionally, the amount of extreme dry-to-wet conditions are expected to increase by at least 60% by the end of the century. Due to the higher intensity and frequency of storms and precipitation, flooding events are expected to increase in the City of Colton. Its location near the foothills of the San Bernardino mountains and proximity to the Santa Ana River makes the city at high risk for flooding. Although many of these recommendations require upfront costs, the payoffs in the future will be substantial with worsening weather. Resilient infrastructure, business, and energy will serve the City of Colton and its residents far into the future. Recommendations were gathered from the Comprehensive Flood Management Plan from the city of Sacramento, Ca (Perkins et al. 2017) and the Organization for Economic Cooperation and Development Climate Resilient Infrastructure policy perspectives (Organisation for Economic Co-operation and Development 2018). The recommendations were selected based on their alignment with the City of Colton’s specific impacts:

Recommendations

1. Improve local infrastructure to withstand the increase in storms. a. Build a strong foundation and maintain building infrastructure; b. Favor designs that support flexibility instead of robustness and redundancy;
c. Ensure city buildings are flood proof;
d. Consider buffer zones of habitat, tree belts, or urban agriculture; e. Increase climate change and extreme weather research.

2. Enhance resilience of local businesses to extreme weather. a. Implement standard building codes that will withstand severe weather. b. Increase insurance coverage.

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 31 c. Create a disaster recovery plan.
d. Encourage distributed generation with back up storage.

3. Increase the resilience of natural and built systems to adapt to increased time frames between precipitation and increased drought conditions a. Provide tools and equipment so local officials can be informed of hazardous conditions as soon as possible;
b. Encourage local land use decisions to maximize local recharge and reduce run off.

4. Strengthen emergency management capacity to respond to flood-related emergencies;
a. Ensure those located in floodplains understand the risk; b. Develop evacuation plans and practice evacuation scenarios regularly; c. Invest in emergency supply kits and shelter locations.

5. Increase the resilience of the natural and built environment to more intense rain events and associated flooding
a. Increase awareness of the importance of cleaning debris from gutters and downspouts.
b. Regularly inspect and monitor floodgates, drainage canals and basins, and clean drainage systems regularly.

6. Enhance resilience to fuel disruptions in transportation and mobility a. Plan to provide personnel and resources for road closures and traffic diversion.
b. Provide damage access for roads and bridges.
c. Open and close specific flood gates to channel the flooding and mitigate damage.
d. Securely anchor fuel tanks to a foundation to prevent movement and flotations
Drought
As a result of increasing average temperatures due to climate change, the impacts of drought on the City of Colton are expected to intensify. These impacts include water shortages, forest loss, and an increased wildfire risk within the Colton community. The City of Colton receives freshwater from their deep-water wells. Because of climate change and the increases in temperature, serious action needs to be taken to conserve water. Droughts will continue to last longer as temperatures continue to rise. Water basins will be depleted faster than they are capable of being replenished. Optimizing the City of Colton’s groundwater resources and management strategies will reduce the risk that droughts have on the city. Implementing city-wide or state-wide government policies will have long term benefits for the City of Colton. immediately. The timeframe of these recommendations will be dependent on systems’ quality and efficiency. After a review of the system, the city should have a clearer understanding of which problems should be targeted and the length of time the process should take. Water conservation relies heavily on the compliance of residents and providing the proper incentives will increase cooperation. Recommendations were gathered from the climate assessments

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 32 from the cities of Berkeley and Tacoma (deBoer, McNeilly, and Riordan 2017; Environment Services Department 2016) and from EPA Water Reuse and Groundwater Management from the Water Education Foundation (US EPA 2019; “Groundwater Management” n.d.). The recommendations were selected based on their alignment with the City of Colton’s specific impacts:

Recommendations

1. Increase the resilience of cities water supply in drier summers a. Update codes and ordinances to support water sustainability; b. Choose water- and energy-efficient options for capital improvements; c. Adopt a water waste ordinance and penalties;
d. Provide incentives for water conservation and water-use efficiency.

2. Improve groundwater management
a. Review groundwater management and improve sustainability of basins; b. Limit pumping in normal and wet years to ensure enough water in drought years.

3. Reduce water use and improve groundwater management
a. Implement pre-impact government programs and take actions that encourage groundwater supply management and continued water use reductions

4. Develop monitoring and early warning systems
a. Improve seasonal forecasts;
b. Establish comprehensive early warning and information systems; c. Improve knowledge of the landscape and expand access to reliable and timely data;
d. Increase the emphasis on water conservation and raise awareness.

5. Strengthen risk mitigating measures
a. Prevent contamination of water sources.
b. Expand the structure for local agencies to implement plans to manage groundwater resources sustainably.
c. Develop a system that prioritizes and addresses groundwater basins in need of the most restoration.

6. Promote water recycling
a. Educate businesses and homeowners on the benefits of water recycling; b. Increase City of Colton’s capacity to use recycled water at municipal facilities including for irrigation and other uses;
c. Consider investment, policy and/or subsidies for water catchment, graywater, composting toilets, etc. at residential, industrial, and municipal levels.

7. Investigate water systems expansion
a. Examine the feasibility of alternative water producing systems such as Atmospheric Water Generators

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 33 Strain on Energy Grid
The strain on energy grids is expected to rise due to a higher demand for electricity driven by an increase in heat days. Transmission line capacity is projected to decrease while the probability of exposure is expected to increase. This puts the residents of the City of Colton at risk for more frequent blackouts and power outages. Creating long term plans to ensure the reliability of the local power grids is a realistic first step toward reducing the likelihood of large outage events. It is important to maintain and monitor the balance of electricity demand while integrating energy from renewable sources.

While these potential long-term solutions can take time to implement, residents can apply simple energy-saving measures at home for short term energy conservation practices. Recommendations were gathered from California’s Desert Renewable Energy Conservation Plan (Commission 2021).The recommendations were selected based on their alignment with the City of Colton’s specific impacts:

Recommendations

1. Develop a Colton Community Renewable Energy Conservation Plan a. Increase awareness of the need to transition to renewable energy. b. Identify areas appropriate for the utility -scale development of wind, solar, and geothermal energy projects.

2. Plan for increased energy demand
a. Develop estimates of energy demand while taking heatwaves and unexpected outages into account.

3. Upgrade regular maintenance activities on the grid and transmission lines a. Resources should be maintained and managed accordingly to proactively plan for unexpected situations.
b. Depending on the current condition of the grid, prepare for the integration of more renewable energy sources.

4. Increase awareness of surrounding risks
a. Determine high-risk areas for wildfire threats and prepare to temporarily shut off transmission lines to reduce the chances of sparking a new blaze.

Air Quality
Decreased air quality stems from transportation and increased land use for logistics in the City of Colton. Failing to reduce air pollution impacts for residents may result in greater health consequences, including an increase in cardiovascular and lung issues.

The following table lists several interventions that the City of Colton can encourage or incentivize so individuals and companies can reduce their pollutant emissions. These recommendations require research to determine their effectiveness for the City of Colton. Recommendations were gathered from the climate assessments from the City of Bloomington, Indiana, and the City of Minneapolis, Minnesota (City of Bloomington

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 34 2020; City of Minneapolis 2015). The recommendations were selected based on their alignment with the City of Colton’s specific impacts:

Recommendations

1. Reduce pollution from automobiles, trains, and trucks a. Reduce auto-generated particulate matter, tailpipe pollutants, waste heat, and ozone formation by investing in clean powered vehicles and fuel technologies,
b. Implement toll roads in high trafficked areas near disadvantaged populations to reduce local air pollution effects
c. Develop alternative industries to reduce transportation impacts

2. Apply for government subsidies
a. Use subsidies to invest in air conditioning systems for lower income housing to reduce air pollution levels inside homes

3. Increase citizen and business awareness to change behaviors a. Through education or displaying information around the city to promote clean energy use
b. Calculate the costs of GHG emissions and health impacts associated with polluting infrastructure; calculate the benefits of land conservation, habitat preservation, and nature-based solutions to climate change;

4. Develop green infrastructure
a. Trees and greenbelts can contribute to phytoremediation, which is the nature-based reduction of air pollutants as well as promoting other benefits.
b. Community garden and urban agriculture projects can also contribute to remediation of air and water, while building soil and producing food, thus increasing local vulnerability to food insecurity.

5. Continue to move away from polluting infastructure
a. Continue to limit or eliminate warehouse growth and the expansion of logistics infrastructure;
b. Continue to advocate for the electrification of rail and trucking; c. Ensure that newer buildings adhere to high efficiency standards; d. Take steps regulate unregulated polluters, such as top-offender businesses, medium-duty trucks, implement ban of two-stroke leaf blowers, etc.

Additional Recommendations
The City of Colton can utilize the information within this assessment to advocate for a larger budget. In addition, the local government can adopt strategies and implement policies that work toward climate mitigation. Local governments as energy consumers have the potential to shift supply in favor of renewable energy, shifting demand toward more sustainable choices. This can be supported by regulatory and other financial instruments, such as renewable energy portfolio standards, feed-in tariffs, and energy

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 35 subsidies, grants and loans (de Schio 2013). We also advise using climate vulnerability assessments or related documents from other cities as a reference for future policy recommendations.

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Attachment: Colton Climate Vulnerability Assessment FINAL 11.10.22 (3865 : Grant Award - Southern California Gas Company) 36 Works Cited
AghaKouchak, A, N Berg, J Brouwer, A Hall, Z Heydarzadeh, H-Y Huang, Y-H Lin, et al. 2020. “Multihazard Investigation of Climate Vulnerability of the Natural Gas Energy System.” California Energy Commission. ww2.energy.ca.gov/2020publications/CEC-500-2020- 071/CEC-500-2020-071.pdf.
“Air Conditioning Program | Colton, CA - Official Website.” 2021. 2021. https://www.ci.colton.ca.us/662/Air-Conditioning-Program. “Air Pollution and Your Health.” n.d. National Institute of Environmental Health Sciences.

Accessed May 18, 2021. https://www.niehs.nih.gov/health/topics/agents/air- pollution/index.cfm.

American Lung Association. 2021. “State of the Air.” https://www.lung.org/getmedia/17c6cb6c- 8a38-42a7-a3b0-6744011da370/sota-2021.pdf.

Bedsworth, L, D Cayan, G. Franco, L Fisher, and S Ziaja. 2018. “Statewide Summary Report.

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ITEM NO. 11

STAFF REPORT

DATE: DECEMBER 6, 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 AND APPROVE THE

EXTENSION OF LAND LEASE AGREEMENTS AT THE DREWS
AND CENTURY SUBSTATIONS, RESOLUTION NO. R-122-22.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve the short term extension to the lease agreement between the City of Colton and Colton Power L.P. (C/O Alli ance Energy LLC) through December 31, 2027, exempted from a competitive bidding process in accordance with Colton Municipal Code §3.08.140(J).

2. Authorize the City Manager to execute the contract documents in accordance to Colton Municipal Code §3.08.160

BACKGROUND

In December 2000, the City Council approved a Lease Agreement between the City and Alliance Colton, LLC for the rental of surplus infrastructure at the City’s Drews and Century Substations to place four units of ~10 M Ws each on both Colton Owned sites (~40 MW at each site). The original term commencement date was January 31, 2001 expiring on January 31, 2016 with the ability to extend/renew.

Section 3.2 of both agreements provide:
“Provided Lessee is not in material default under any of the terms of this Agreement, Lessee may request renewal of this Agreement on the terms and conditions herein contained for 2 additional terms (“Renewal Term”) of 5 yea r periods upon written notice 11 Packet Pg. 365
Staff Report to the Mayor and City Council
Lease Agreement Extension - Alliance Energy
December 6, 2022