• Bringing people together. Artist volunteers will paint the mural. As an organizing tool, the artwork can unite local citizens a nd reinforce the idea that collectively, people can come together and make their community a better place.
• Providing a meaningful message. Not only will the mural be aesthetically beautiful, but is intended to educate, challenge and inspire. Its artistic components will be layered with meaning and speak to wide audiences, with some messages literal, symbolic and abstract. • Celebrating a multidimensional local history. The artwork will celebrate the community's history beyond written text. The artist's depic tion of the City of Colton will deepen audience understanding of local history by integrating research, oral histories and photos.
ISSUES/ANALYSIS
On October 20, 2015, the City awarded the professional agreement with mural artist (Mr. Eliseo Silva) to d esign and paint murals for three locations: La Cadena Drive/I -10 Underpass, 9 th Street/I-10 Underpass and BNSF Bridge over Santa Ana River. The murals at the La Cadena Drive/I-10 Underpass and the 9th Street/I-10 Underpass were already completed.
On June 24, 2022, the City’s Beautification Committ ee met to discuss the location of the third mural for the Colton Crossing Project. The original location for the third mural is the BNSF Bridge over Santa Ana River but due to railroad and flood control district permitting process, and maintenance challenges at this location, the Beautification Committee agreed to move the location of the third mural to C Street Underpass/BNSF Track. On the same meeting, staff presented the history/train concept (Exhibit A) to th e committee. After review and consideration, the committee instructed staff to have the artist prepare another concept using Colton Sports Hall of Fame as concept. The artist provided the sports concept on December 1, 2022 shown as Exhibit B. Upon review of the sports concept, the Beautification Committee recommended using the sports concept for the third mural.
The Second Amendment of the contract (Exhibit C) will extend the mural artist contract to December 31, 2023. This contract extension will enable the artist to complete the mural’s third location at C Street Underpass. The scope of work includes painting the four walls for the underpass. There is no change in the contract amount. Previous amendment on the contract pertains to the copyrights assignment with Caltrans for the I-10/9th Street Underpass mural.
Staff also recommends the filing of the Notice of Completion (Exhibit D) for the completed murals at La Cadena Drive/I-10 Underpass and the 9th Street/I-10 Underpass.
FISCAL IMPACTS
There is no additional fiscal impact for this action.
ALTERNATIVES
13 Packet Pg. 267
Staff Report to the Mayor and City Council
Mural Projects
January 17, 2023
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - Train_History Concept
2. Exhibit B - Sports Hall of Fame Concept
3. Exhibit C -Contract Second Amendment
4. Exhibit D- Notice of Completion
13 Packet Pg. 268
Train/History Concept
13.a
Packet Pg. 269
Attachment: Exhibit A - Train_History Concept (3760 : Mural Projects) Sports Hall of Fame Concept
13.b
Packet Pg. 270
Attachment: Exhibit B - Sports Hall of Fame Concept (3760 : Mural Projects) (BB&K: 10-19)
23152.06000\32391457.2
SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND
ELISEO SILVA
1. PARTIES AND DATE.
This First Amendment to the Professional Services Agreement (“Second Amendment”) is made and entered into on the 18 TH day of January, 2 023 by and between the City of Colton , a municipal corporation organized under the laws of the State of California with its principal place of business at 650 North La Cadena Drive, Colton, California 92324 (“City”) and Eliseo Silva, an individual with his principal place of business at 3050 Pembroke Circle, Corona, CA 92879 (“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 Co nsultant entered into a Professional Services Agreement dated October 20, 2015 (“Agreement”), whereby Consultant agreed to provide all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply certain services for the Colton Mural Project ("Project"). The Project includes three murals: the La Cadena Mural, the C Street Underpass Mural, and the Colton 9 TH Street Underpass Mural. The La Cadena Mural and the 9 th Street Underpass has already been completed.
2.2 Amendment. City and Consultant desire to amend the Agreement for the second time to extend the term of the Agreement.
2.3 Amendment Authority. This Second Amendment is authorized pursuant to Section 3.6.9 of the Agreement.
3. TERMS.
3.1 Scope of Services and Term. Compensation. Section 3.1.2.of the Agreement is hereby deleted in its entirety and replaced with the following:
3.1.2 Term. The term of this Agreement shall be extended to December 3 1, 2023, unless earlier terminated as prov ided herein. Consultant 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 Continuing Effect of Agreement. Except as amended by this Second Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.
13.c
Packet Pg. 271
Attachment: Exhibit C -Contract Second Amendment (3760 : Mural Projects) 2 (BB&K: 10-19)
23152.06000\32391457.2
From and after the date of this Second Amendment, whenever the term “Agreem ent” appears in the Agreement, it shall mean the Agreement as amended by this Second Amendment.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the pe rformance of the obligations they have undertaken pursuant to this Second Amendment.
3.4 Severability. If any portion of this Second Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining p rovisions shall continue in full force and effect.
3.4 Counterparts. This Second 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]
13.c
Packet Pg. 272
Attachment: Exhibit C -Contract Second Amendment (3760 : Mural Projects) 3 (BB&K: 10-19)
23152.06000\32391457.2
SIGNATURE PAGE FOR SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND ELISEO SILVA
IN WITNESS WHEREOF, the Parties have entered into this Second 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
ELISEO SILVA
By: _________________________
Eliseo Silva
Artist
13.c
Packet Pg. 273
Attachment: Exhibit C -Contract Second Amendment (3760 : Mural Projects)
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
Name: City of Colton
Street 650 N. La Cadena Drive
Address
City & Colton, California
State California
Zip 92324
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Notice of Completion
NOTICE IS HEREBY GIVEN THAT:
1. The City of Colton is the owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is Victor Ortiz, P.E
3. The full address of the undersigned is 650 N. La Cadena Drive, Colton, CA 92324
4. The nature of the title of the undersigned is City of Colton is the owner in fee, of a certain public improvement (E.G. owner in fee OR vender under contract of purchase OR lessee OR OTHER APPROPRIAT E DESIGNATION).
5. The full names and full addresses of all persons, if any, who holds title with the undersigned as joint tenants or as tenants in common are:
Names Addresses
N/A N/A
6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to are (OR IF NO TRANSFER WAS MADE, INSERT THE WORD “none”):
Names Addresses
N/A N/A
7. A work of improvements on the property hereinafter described was completed on November 26, 2021
8. The name of the original contractor, if any, for the work of improvement was Eliseo SIlva.
The kind of work done or material furnished was painting of murals on two locations.
9. 9. The property on which the work of improvement was completed is in the City of Colton, County of San Bernardino, State of California, and is described as follows: City of Colton Mural Project Project.
10. The street address of the said property is in the vicinity of La Cadena Drive (i-10) Underpass, 9th Street (I-10) Underpass, City of Colton CA 92324
Dated: _______________ ______________________________________(Signature) Victor Ortiz, P.E., City Engineer
VERIFICATION
I, the undersigned say:
I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated
therein are true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at Colton, California, this _____________ day of ______ ________________________.
____________________________________________________
(SIGNATURE)
13.d
Packet Pg. 274
Attachment: Exhibit D- Notice of Completion (3760 : Mural Projects)
13.d
Packet Pg. 275
Attachment: Exhibit D- Notice of Completion (3760 : Mural Projects)
ITEM NO. 14
STAFF REPORT
DATE: JANUARY 17, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE NOTICE OF COMPLETION FOR THE SLUDGE BED WALL PROJECT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Authorize the execution and recordation of a Notice of Completion for Sludge Drying Bed Wall Project.
BACKGROUND
The City’s Wastewater Treatment P lant generates an average of 15,000 tons of sludge annually.
Sewage sludge is a byproduct of wastewater treatment. Sludge is required to be dry prior to disposal. Several retaining walls around the existing sludge drying beds structure need repair and replacement due to a ge. In areas where the walls have corroded, rusted re bar was exposed and concrete spilling. These specific three walls were past their expected life cycle duration and may have affected the designed amount of sludge the drying bed structura l walls must hold to continue the operations.
ISSUES/ANALYSIS
On September 6, 2022, the City Council awarded the construction contract to DM Contracting, Inc. for the Sludge Drying Bed Wall Project in the amount of $136,050.00. The Notice to Proceed for the Project was issued on October 10, 2022 and the Project was completed per plans and specification on November 21, 2022. The final contract amount for this project is $136,050.00.
14 Packet Pg. 276
Staff Report to the Mayor and City Council
Notice of Completion - Sludge Bed Wall Project
January 17, 2023
FISCAL IMPACTS
Recording the Notice of Completion has no additional fis cal impact. The construction of the Sludge Drying Bed Wall Project was in the FY2022 -23 budget in Wastewater Fund Capital Improvement Account #522-8200-8204-3890-0000-0000.
ALTERNATIVES
1. Provide alternative direction to staff.
14 Packet Pg. 277
ITEM NO. 15
STAFF REPORT
DATE: JANUARY 17, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CAROLINA PADILLA, CITY CLERK
SUBJECT: APPROVE AND ADOPT A RESOLUTION AUTHORIZING THE
DESTRUCTION OF CERTAIN OBSOLETE RECORDS,
RESOLUTION NO. R-4-23.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve and adopt Resolution No. R-4-23, authorizing the destruction of certain obsolete records.
BACKGROUND
On March 17, 2009, the City Council adopted Resolution R -09-09, establishing the City’s new Records Retention and Destruction Policy. The policy provides the procedure for City staff to allow for destruction of any obsolete City records. These are records, which have met or exceeded the legal retention period and are no longer needed by the City. The procedure requires the City Clerk’s Office to submit a resolution, along with copies of destruction request forms, to the City Council for approval.
ISSUES/ANALYSIS
In a continuing effort to purge files that are no longer needed and in accordance with the City’s policy and procedure for the retention and disposition of records and retention schedule, staff has submitted memorandums to the City Clerk’s Office with lists of boxes containing obsolete records to be destroyed, in compliance with the retention policy. The City Clerk’s Office has reviewed the obsolete records described in the requests and has confirmed with the City Attorney that the records meet the requirements of th e City’s policy for destruction. Staff has prepared the attached resolution for the City Council’s approval to destroy the obsolete records described in 15 Packet Pg. 278
Staff Report to the Mayor and City Council
Obsolete Records Destruction
January 17, 2023
the Doc ument Destruction Proposal List 2023 , which is attached as Exhibit “A” to the Resolution. Many of the obsolete documents staff is requesting to be destroyed are well past the end of their legal retention period.
FISCAL IMPACTS
Sufficient appropriations are available in the FY2022 -23 adopted budget in General Fund City Clerk’s Office Professional S ervices Account No. 100 -6010-6010-2350-0000-000 for shredding services.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Resolution No. R-4-23
2. Exhibit A
3. Destruction of Records Request Form
15 Packet Pg. 279
15.a
Packet Pg. 280
Attachment: Resolution No. R-4-23 (3898 : Obsolete Records Destruction)
15.a
Packet Pg. 281
Attachment: Resolution No. R-4-23 (3898 : Obsolete Records Destruction)
15.b
Packet Pg. 282
Attachment: Exhibit A (3898 : Obsolete Records Destruction)
15.b
Packet Pg. 283
Attachment: Exhibit A (3898 : Obsolete Records Destruction)
15.b
Packet Pg. 284
Attachment: Exhibit A (3898 : Obsolete Records Destruction)
15.b
Packet Pg. 285
Attachment: Exhibit A (3898 : Obsolete Records Destruction)
15.b
Packet Pg. 286
Attachment: Exhibit A (3898 : Obsolete Records Destruction)
15.b
Packet Pg. 287
Attachment: Exhibit A (3898 : Obsolete Records Destruction)
15.b
Packet Pg. 288
Attachment: Exhibit A (3898 : Obsolete Records Destruction)
15.b
Packet Pg. 289
Attachment: Exhibit A (3898 : Obsolete Records Destruction)
15.b
Packet Pg. 290
Attachment: Exhibit A (3898 : Obsolete Records Destruction)
15.b
Packet Pg. 291
Attachment: Exhibit A (3898 : Obsolete Records Destruction) January 3, 2023
15.c
Packet Pg. 292
Attachment: Destruction of Records Request Form (3898 : Obsolete Records Destruction)
ITEM NO. 16
STAFF REPORT
DATE: JANUARY 17, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE PURCHASE OF FOUR (4) NEW VEHICLES FOR THE ELECTRIC SUBSTATION DIVISION FROM FAIRVIEW FORD.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Waive the formal bidding process, in accordance with Colton Municipal Code 3.08.140(c), and authorize the Depar tment to piggyback on the San Bernardino Co unty bid award to Fairview Ford for the purchase of four new Ford F -250 Super Cab 4x4 in the amount of $57,098.15 each, for the Electric Department Substation Division.
BACKGROUND
The Substation Division is repl acing Units 238, 897, 898, and 899, 2008 Ford Rangers pick -up trucks with Ford F -250s used for metering field services operation within the Substation Division.
ISSUES/ANALYSIS
Staff in the Substation Division has become aware of the opportunity to piggy back on the competitive bids received by the San Bernardino County for various 2023 vehicles. The County of San Bernardino awarded the bid for Ford F -250 Super cab 4x4 6.75 Bed trucks to Fairview Ford. The specifications for this F -250 meets the needs and requirements of the City of Colton’s Substation division. The reason for going with F -250 trucks instead of F -150, were due unavailability of F -150 pickups on the County’s bid, by the time the City obtained their bid sheet.
16 Packet Pg. 293
Staff Report to the Mayor and City Council
Purchase - Fairview Ford
January 17, 2023
The unit price for the F -250 Super Cab is $52,496.00, plus an $8.75 tire fee and applicable sales tax. The total purchase price (including the tire fees and sales tax) is $57,098.15.
Colton Municipal Code, Title 3, Chapter 3.08.140, Section (c), Competitive Bidding Already Completed: allows the competitive bidding requirements be waived when the authorized contracting party determines that a competitive bid procedure has been conducted by another public agency (e.g. piggyback purchase) and the price to the City is equal or better than the price to that public agency. Since the above contract was competitively bid and award by another public agency and since the price is equal to or better than the price offered to the public, the criteria in Title 3, Chapter 3.08.140 (c) of the Colton Municipal Code has been satisfied.
FISCAL IMPACTS
The FY 2022-23 approved budget includes fund for the purchase of vehicles for the Substation.
Sufficient appropriations for this purchase are available in Electric Utility Fund Substation Vehicle Account Number 520-8000-8003-4910-0101-0000-000.
ALTERNATIVES
Provide alternative direction to Staff.
ATTACHMENT
1. Vehicle Pricing - Model Year 2023
16 Packet Pg. 294
DESCRIPTION VENDOR PRICE TAX
TIRE
FEE TOTAL NOTES/OPTIONS
1 Subaru Impreza US Fleet Source $22,432.00 $1,962.80 $8.75 $24,403.55 2 Hyundai Elantra US Fleet Source $22,224.00 $1,944.60 $8.75 $24,177.35 3 Subaru Legacy US Fleet Source $25,395.00 $2,222.06 $8.75 $27,625.81 4 Hyundai Sonata SEL US Fleet Source $28,297.00 $2,475.99 $8.75 $30,781.74 5 Ford Escape SE Sport Hybrid 4x4 Fairview Ford $32,696.00 $2,860.90 $8.75 $35,565.65 6 Ford Explorer 4x4 Fairview Ford $36,996.00 $3,237.15 $8.75 $40,241.90 7 Chevrolet Traverse Penske $41,447.27 $3,626.64 $8.75 $45,082.66 8 Ford Expedition SSV MAX 4x4 Fairview Ford $53,996.00 $4,724.65 $8.75 $58,729.40 9 Ford Police Utility 4x4 (Interior Upgrade) Fairview Ford $47,298.00 $4,138.58 $8.75 $51,445.33 10 Ford Police Utility 4x4 (Vinyl Flooring) Fairview Ford $47,398.00 $4,147.33 $8.75 $51,554.08 11 Ford Transit Connect (fold-down seating) Fairview Ford $32,597.00 $2,852.24 $8.75 $35,457.99 Deadline to order: 9/2/2022 12 Ford Transit 12-Passenger Fairview Ford $51,996.00 $4,549.65 $8.75 $56,554.40 Deadline to order: 9/2/2022 13 Ford Transit 15-Passenger Fairview Ford $53,396.00 $4,672.15 $8.75 $58,076.90 Deadline to order: 9/2/2022 14 Ford Transit 150 Cargo Van Fairview Ford $49,594.00 $4,339.48 $8.75 $53,942.23 Deadline to order: 9/2/2022 15 Ford Transit 350 Cargo XL Van Fairview Ford $51,494.00 $4,505.73 $8.75 $56,008.48 Deadline to order: 9/2/2022 16 Ford Ranger Super Crew 4x4 5' Bed Fairview Ford $38,798.00 $3,394.83 $8.75 $42,201.58 Deadline to order 8/26/22 17 Ford Ranger Supercab 4x4 6' Bed Fairview Ford $36,998.00 $3,237.33 $8.75 $40,244.08 Deadline to order 8/26/22 18 Ford F150 Supercab 4x4 6.5' Bed Fairview Ford $42,296.00 $3,700.90 $8.75 $46,005.65 Deadline to order: 8/19/2022 No longer available 19 Ford F150 Supercab 4x4 8' Bed Fairview Ford $44,796.00 $3,919.65 $8.75 $48,724.40 Deadline to order: 8/19/2022 No longer available 20 Ford F150 Super Crew 4x4 5.5' Bed Fairview Ford $46,896.00 $4,103.40 $9.75 $51,009.15 Deadline to order: 8/19/2022 No longer available
FLEET MANAGEMENT - MOTOR POOL
Model Year 2023 Vehicle Pricing
Reference BID #4608
****One Vehicle per Purchase Order****
****PLEASE BE AWARE -Delivery Times Have Been Extended To 360 Days From Order Date**** Contact Tina Insana (909-387-7854) or Ron Lindsey (909-387-7870) if you need more information
16.a
Packet Pg. 295
Attachment: Vehicle Pricing - Model Year 2023 (3830 : Purchase - Fairview Ford) 21 Ford F150 Super Crew 4x4 6.5' Bed Hybrid Fairview Ford $47,796.00 $4,182.15 $8.75 $51,986.90 Deadline to order: 8/19/2022 No longer available 22 Ford F250 Supercab 4x4 6.75 Bed Fairview Ford $52,496.00 $4,593.40 $8.75 $57,098.15 23 Ford F250 Supercab 4x4 8' Bed Fairview Ford $52,696.00 $4,610.90 $8.75 $57,315.65 24 Ford F350 Supercab 4x4 6.75' Bed Fairview Ford $54,198.00 $4,742.33 $8.75 $58,949.08 25 Ford F350 Supercab 4x4 8' Bed Fairview Ford $54,398.00 $4,759.83 $8.75 $59,166.58 26 Ford F350 Super Crew 4x4 6.75' Bed Fairview Ford $55,794.00 $4,881.98 $8.75 $60,684.73 27 Ford F350 Supercab XLT with Pacific Service
Bed Fairview Ford $66,997.00 $5,862.24 $8.75 $72,867.99 28 Ford F350 Super Crew XLT with Pacific
Service Bed Fairview Ford $68,596.00 $6,002.15 $8.75 $74,606.90
16.a
Packet Pg. 296
Attachment: Vehicle Pricing - Model Year 2023 (3830 : Purchase - Fairview Ford)
ITEM NO. 17
STAFF REPORT
DATE: JANUARY 17, 2023
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 PURCHASE OF A BACKHOE LOADER FROM RDO
EQUIPMENT COMPANY FOR THE WATER UTILITIES DIVISION
OF THE PUBLIC WORKS & UTILITIES DEPARTMENT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve the purchase of one backhoe loader (John Deere model 320 P) in the amount of $135,619.63, from RDO Equipment Company, through the Sourcewell cooperative purchasing program.
BACKGROUND
The City of Colton Water Utility Department currently operates one 2016 John Deere 310 SC backhoe loader. The department utilizes the existing backhoe for all Water Utility related services, which includes tasks associated with water mainline repairs, water service repairs, and new services installations to name a few. The addition of a second backhoe loader to the department wil l allow for multiple crews being able to work concurrently with better efficiencies.
ISSUES/ANALYSIS
Section 3.08.140(C) of the City's Purchasing Ordinance dispense with competitive bidding when it is determined “that a competitive bid procedure has be en conducted by another public agency and the price to the City is equal to or better than the price to that public agency.” As a local government unit, Sourcewell created a cooperative purchasing contract designed to make the governmental procurement proc edure more effective by creating competitively bid/priced 17 Packet Pg. 297
Staff Report to the Mayor and City Council
Purchase - RDO Equipment Company
January 17, 2023
contracts for goods and services; and providing the customer service necessary to help its members achieve their procurement goals. Sourcewell performs all competitive bidding and procurement procedures in accordance with state statutes.
Only government agencies, public and private schools/colleges, tribal governments, and nonprofit organizations can register as a participating agency; the City of Colton is currently an active member of the Sourcew ell cooperative purchasing contract program (registration account number 71800). RDO Equipment Company is an approved qualified Sourcewell contract vendor (#032515-JDCIS).
The City of Colton will purchase one backhoe loa der (John Deere model 320 P ) from RDO Equipment Company through the Sourcewell cooperative purchasing program. Through Sourcewell, the City will purchase the backhoe at a discounted rate (46% less than retail price)
FISCAL IMPACTS
There are sufficient appropriations available in the FY2022-2023 adopted budget in Water Fund Operations Automobile Account Number 521-8100-8101-4910-0000-000 to purchase a new backhoe.
ALTERNATIVES
1. Provide alternative direction
ATTACHMENT
1. John Deere Backhoe Sourcewell Contract_RDO
2. Sourcewell Contract and Award -RDO
17 Packet Pg. 298
17.a
Packet Pg. 299
Attachment: John Deere Backhoe Sourcewell Contract_RDO (3910 : Purchase - RDO Equipment Company)
17.a
Packet Pg. 300
Attachment: John Deere Backhoe Sourcewell Contract_RDO (3910 : Purchase - RDO Equipment Company)
17.a
Packet Pg. 301
Attachment: John Deere Backhoe Sourcewell Contract_RDO (3910 : Purchase - RDO Equipment Company)
17.a
Packet Pg. 302
Attachment: John Deere Backhoe Sourcewell Contract_RDO (3910 : Purchase - RDO Equipment Company)
17.a
Packet Pg. 303
Attachment: John Deere Backhoe Sourcewell Contract_RDO (3910 : Purchase - RDO Equipment Company)
17.a
Packet Pg. 304
Attachment: John Deere Backhoe Sourcewell Contract_RDO (3910 : Purchase - RDO Equipment Company)
17.a
Packet Pg. 305
Attachment: John Deere Backhoe Sourcewell Contract_RDO (3910 : Purchase - RDO Equipment Company)
17.b
Packet Pg. 306
Attachment: Sourcewell Contract and Award -RDO (3910 : Purchase - RDO Equipment Company)
17.b
Packet Pg. 307
Attachment: Sourcewell Contract and Award -RDO (3910 : Purchase - RDO Equipment Company)
17.b
Packet Pg. 308
Attachment: Sourcewell Contract and Award -RDO (3910 : Purchase - RDO Equipment Company)
17.b
Packet Pg. 309
Attachment: Sourcewell Contract and Award -RDO (3910 : Purchase - RDO Equipment Company)
17.b
Packet Pg. 310
Attachment: Sourcewell Contract and Award -RDO (3910 : Purchase - RDO Equipment Company)
17.b
Packet Pg. 311
Attachment: Sourcewell Contract and Award -RDO (3910 : Purchase - RDO Equipment Company)
17.b
Packet Pg. 312
Attachment: Sourcewell Contract and Award -RDO (3910 : Purchase - RDO Equipment Company)
17.b
Packet Pg. 313
Attachment: Sourcewell Contract and Award -RDO (3910 : Purchase - RDO Equipment Company)
17.b
Packet Pg. 314
Attachment: Sourcewell Contract and Award -RDO (3910 : Purchase - RDO Equipment Company)
17.b
Packet Pg. 315
Attachment: Sourcewell Contract and Award -RDO (3910 : Purchase - RDO Equipment Company)
17.b
Packet Pg. 316
Attachment: Sourcewell Contract and Award -RDO (3910 : Purchase - RDO Equipment Company)
17.b
Packet Pg. 317
Attachment: Sourcewell Contract and Award -RDO (3910 : Purchase - RDO Equipment Company)
17.b
Packet Pg. 318
Attachment: Sourcewell Contract and Award -RDO (3910 : Purchase - RDO Equipment Company)
AMENDMENT TO
Sourcewell Contract #032119-JDC
This AMENDMENT (“Amendment”) to Sourcewell Contract # 032119-JDC (“Agreement”) is effective on the date hereof, by and between Sourcewell® and John Deere Construction Retail Sales (“Vendor”)
WHEREAS, Vendor was awarded a Sourcewell Contract for Heavy Construction Equipment with Related Accessories, Attachments and Supplies effective May 13, 2019 until May 13, 2023 relating to the provision of products and services to Sourcewell and its members;
WHEREAS, John Deere Construction Retail Sales and Wirtgen America, Inc. have historically held separate Sourcewell contracts, it was errantly assumed separate submittals was the most appropriate response for RFP 032119. It has been since determined that the most effective way to serve Sourcewell members is to provide both John Deere and Wirtgen America offerings in tandem through contract award, 032119-JDC. John Deere Construction Retail Sales will remain the contract holder and Wirtgen America, Inc.’s products, ordering process, and sales/administration contacts will be included in John Deere’s portfolio for direct purchase and processing through the Wirtgen America, Inc. dealer channel. To summarize; John Deere offerings will only be sold through John Deere Construction Retail Sales and its authorized dealer channel, Wirtgen America, Inc. offerings will only be sold through Wirtgen America, Inc. and its authorized dealer channel. Those wishing to engage either product line must do so through the appropriate dealer channel;
WHEREAS, Vendor and Sourcewell desire to add Wirtgen America, Inc.’s product line (Wirtgen, Hamm and Vogele brands) under the Agreement (all sold by Wirtgen America, Inc. dealers);
WHEREAS, Vendor and Sourcewell acknowledge that Wirtgen America, Inc. shall be supporting sales of Wirtgen America offerings to Sourcewell members within the U.S. and Canada as well as responsible for related sales reporting and administrative fee paying;
WHEREAS, Vendor and Sourcewell acknowledge that Wirtgen America, Inc. failure to perform to contract terms and conditions may result in termination of contract;
WHEREAS, all parties agree that certain terms within the Agreement shall be updated and amended; and only to the extent as hereunder provided.
NOW, THEREFORE, in consideration of the mutual covenants and agreements described in this Amendment, the parties hereby agree as follows:
1. Form P Question 4 response is amended as follows:
After the first paragraph, insert:
“Wirtgen America, Inc. does not accept the P-card procurement and payment process.”
DocuSign Envelope ID: FCE16DED-FE51-4A90-B857-7E46D1B0844E
17.b
Packet Pg. 319
Attachment: Sourcewell Contract and Award -RDO (3910 : Purchase - RDO Equipment Company)
2. Form P Question 5 response is amended as follows:
After the first paragraph, insert:
“Wirtgen America, Inc. also offers 12 months of standard warranty but with a 1,000-hour limit.”
3. Form P Question 7 response is amended as follows:
After the first paragraph, insert:
“Wirtgen America, Inc.’s product line (Wirtgen, Hamm and Vogele) is being offered to provide 130+ equipment variations in the following categories: Milling, Recycling, Stabilizing, Paving, Spreading, Compacting and Rollers. Further, local dealers will be allowed to provide customer requested goods and services to complete the desired machine functionality.
John Deere Construction Retail Sales will also be offering Program Eligible machines to Sourcewell members in both the U.S. and Canada. “Program Eligible” opens the contract’s machine eligibility to include Demonstration machines, Training Center machines and Marketing machines as defined below.
Program Eligible Criteria:
Never retailed,
Less than three years old for compact and mid-size machines, Less than four years old for Production Class Equipment (Articulated Dump Trucks, 950 and larger size Dozers, 470 and larger size Excavators, 744 and larger size 4WD Loaders).
Program Eligible Pricing Model:
Original List - Contract Discount = Standard Contract Selling Price Standard Contract Selling Price - Depreciation = Program Eligible Selling Price.
Depreciation varies based on age, hours, and machine type.
Depreciation is negotiated between dealer and customer.
Sourcewell Administration Fee will be paid on Standard Contract Selling Price.”
4. Form P Question 9 response is amended as follows:
Replace the initial response with the following verbiage:
“The discount range varies from 17% to 44% off the manufacturer’s published List prices.”
5. Lastly, Form P Question 3 and Form A question 32 identify the John Deere sales branch in Canada as “John Deere Limited”, the proper business name is “John Deere Canada ULC.”
DocuSign Envelope ID: FCE16DED-FE51-4A90-B857-7E46D1B0844E
17.b
Packet Pg. 320
Attachment: Sourcewell Contract and Award -RDO (3910 : Purchase - RDO Equipment Company) Ex
cept as amended by this Amendment, the Agreement shall remain in full force and effect.
IN
WITNESS WHEREOF, the parties have executed this Agreement as of the date hereof.
So
urcewell® John Deere Construction Retail Sales
x x
Authorized Signature – Signed Authorized Signature – Signed By Jeremy Schwartz By Richard Murga
Name – Printed Name – Printed
Title Director of Operations & Procurement/CPO Title A ccount Manager, Fed & State Dat
e Date
APP
ROVED:
So
urcewell®
x
Authorized Signature – Signed
By Chad Coauette
Name – Printed
Title Executive Director / CEO
Date
DocuSign Envelope ID: FCE16DED-FE51-4A90-B857-7E46D1B0844E 3/12/2020 | 1:43 PM CDT
3/12/2020 | 1:59 PM CDT
3/12/2020 | 2:08 PM CDT
17.b
Packet Pg. 321
Attachment: Sourcewell Contract and Award -RDO (3910 : Purchase - RDO Equipment Company) AMENDMENT #2
TO
SOURCEWELL CONTRACT #032119-JDC
This Amendment is by and between Sourcewell (Sourcewell) and John Deere Construction Retail Sales, a division of John Deere Shared Services, Inc. (Vendor).
Vendor was awarded a Sourcewell contract for Heavy Construction Equipment with Related Accessories, Attachments, and Supplies #032119-JDC (Original Contract). The parties agree that certain terms within the Original Contract will be amended as hereunder provided.
In consideration of the mutual covenants and agreements described in this Amendment, the parties agree as follows:
1. This Amendment is effective upon the date of the last signature below.
2. Form P, Question 18, is modified to read that Vendor’s Administrative Fee will be 0.50%.
Except as amended by this Amendment, the Original Agreement remains in full force and effect.
Sourcewell John Deere Construction Retail Sales, a division of John Deere Shared Services, Inc.
B y : B y :
Authorized Signature Authorized Signature
Jeremy Schwartz Richard Murga
Name – Printed Name – Printed
Title: Director of Operations & Procurement/CPO Title:
D a t e : D a t e :
APPROVED:
B y :
Authorized Signature
Chad Coauette
Name – Printed
Title: Executive Director/CEO
D a t e :
17.b
Packet Pg. 322
Attachment: Sourcewell Contract and Award -RDO (3910 : Purchase - RDO Equipment Company)
ITEM NO. 18
STAFF REPORT
DATE: JANUARY 17, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BILL SMITH, CITY MANAGER
SUBJECT: SET PUBLIC HEARING FOR THE REGULAR CITY COUNCIL MEETING OF TUESDAY, FEBRUARY 7, 2023, TO APPROVE THE
LIST OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROJECTS FOR SUBMITTAL TO THE COUNTY OF SAN
BERNARDINO, DEPARTMENT OF HOUSING & COMMUNITY
DEVELOPMENT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Set a Public Hearing date of February 7, 2023 for prioritization of projects for Fiscal Year 2023 - 2024 Community Development Block Grant (CDBG) funds.
BACKGROUND
Since the Community Development Block Grant (“CDBG”) program’s inception in 1974, i t has provided financial assistance to grantees for a variety of community development purposes. The U.S. Department of Housing and Urban Development (“HUD”) uses a formula to calculate the grant amount for each metropolitan city, urban county and state. CDBG funds can be used to benefit low and moderate income residents by: building roads, parks, repairing or rehabilitating housing in target areas, by providing new or increased public services to income -qualifying residents, or by funding initiatives tha t generate new jobs. The County of San Bernardino’s Community Development and Housing Department (“CDH”) currently provides project oversight for CDBG projects through the Urban County program, in which Colton is a partner and joint recipient.
ISSUES/ANALYSIS
18 Packet Pg. 323
Staff Report to the Mayor and City Council
Set Public Hearing - CDBG Projects
January 17, 2023
In the Fall of 2022, staff was advised by CDH that the submittal deadline for all CDBG proposals for Fiscal Year 2023 -2024 funds was December 7, 2022. Staff met with the CDBG Ad-hoc Committee, consisting of Mayor Navarro, and Councilmembers Cisnero s and Gonzalez, as well as Planning Commissioners Baden and Payne, on Tuesday, November 29, 2022, to review projects for submittal. Projects were presented by staff and approved for submittal by the Ad-hoc Committee. Staff subsequently submitted these pr ojects by the deadline, and those projects are being analyzed by CDH for eligibility. Eligible project proposals serving Colton residents will be forwarded back to the City, for further processing. Final funding recommendations are due back to the County by February 24, 2023.
Staff requests that City Council set a public hearing date for February 7, 2023, to consider and establish its Fiscal Year 2023 -2024 final funding recommendations. Eligible applications recommended for funding will be available f or public review beginning January 19, 2023, at the City Clerk’s office at City Hall, 650 N. La Cadena Drive, in Colton. There is an initial total of $404,202 in CDBG funds available to Colton for Fiscal Year 2023 -2024, although this amount is subject to change during the allocation process.
The County of San Bernardino will then publish all prioritized and approved projects countywide, from its participating cities as required by HUD, prior to adoption of the Consolidated Plan.
FISCAL IMPACTS
CDBG Fund ed projects completed by the City are 100% reimbursable, up to the approved project limit. Funded capital improvement projects will be included in the 2023 -2024 Capital Improvement Program, and will be included in the City’s budget. Funded Public Service Projects will be included in the City’s budget by the Community Services Department.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Public Hearing Notice
18 Packet Pg. 324
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Colton will hold a Public Hearing , in the Council Chambers of the City Hall, 650 North La Cadena Drive, at 6:00 P.M., on TUESDAY, FEBRUARY 7, 2023.
The Public Hearing concerns the following actions:
TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO
ACCEPT ALL PUBLIC TESTIMONY AT THE DULY NOTICED
PUBLIC HEARING , CONCERNING THE COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDING (CDBG) PROPOSALS,
DETERMINE THE FINAL PRIORITIZE D LIST OF CD BG PROJECTS FOR FISCAL YEAR 202 3-24, AND APPROVE AND ADOPT A
RESOLUTION APPROVING THE FINAL PRIORITIZED L IST OF
CDBG PROJECTS FOR FISCAL YEAR 2023-24.
Any interested person may appear in person or by agent and be heard.
If a citizen wishes to challenge the nature of the above action(s) in court, they may be limited to raising only those issues they or someone else raised at the Pu blic Hearing described in this notice, or in written correspondence delivered with the City Clerk’s Office, located at 650 North La Cadena Drive, prior to the hearing, Monday through Thursday.
________________________________
CAROLINA R. PADILLA
City Clerk
City of Colton
18.a
Packet Pg. 325
Attachment: Public Hearing Notice (3873 : Set Public Hearing - CDBG Projects)