6. Cahuilla (Mohave to East End)
7. Tara Ridge Ct. (Canyon Vista to End)
8. Fairview Ave (Colton Ave. to Olive Place)
9. Teresa St (Laurel Ave. to Alida St.)
10. Laurel Ave. (Teresa to Latham)
11. 7th St. (La Cadena to O St.)
12. C St. (BNSF U/P to east of Cemetery entrance)
13. N St. (La Cadena to 9th)
14. O St. (10th to 11th)
15. Cooley Drive ( Valleywood to Ashley Way)
16. Pennsylvania Ave. (C St. to F St.)
17. Olive Ave (6th to Rancho Ave.; City Limit to Meridian Ave)
18. Laurel Ave. (La Cadena to Mt. Vernon Ave.)
19. La Cadena Dr. - South bound - Iowa to I-215 on ramp
20. La Cadena Drive -NB from Litton to Tropica Rancho
ISSUES/ANALYSIS
On August 02, 2022 the city authorized the award of contract to Hardy & Harper Inc. in the amount of $2,309.956.00 to grind, strip and lay rubberized asphalt to existing pavement as well as repairing minor work on concrete and replace traffic signal loops. The Notice to Proceed was issued on October 6, 2022.
During construction, additional resources were determined to be necessary to complete the project. The parking lot behind Human Resources needed additional grading and asphalt to create an ADA accessible Public Parking area. There was an Asphalt/ Concrete (AC) berm installed at south La Cadena to prevent further erosion of the street. Concrete was found buried beneath the existing AC that was scheduled to be replaced . The contractor completed additional Millwork in order to adequately drain the area surrounding Alice Birney Elementary School.
Additional asphalt quantity is necessary to complete the project as identified on the project limit.
The contractor submitted a cost analysis for Changer Order No.1 that reflects the necessary changes. The total amount of the scope identified is $143,807.17 , and $107,812.05 represents the cost increase for asphalt quantity. The breakdown for the Change Order No. 1 is shown on Exhibit “A” and it reflects a 6.2% increase in the total contract amount. Once Change Order No. 1 is approved, the new contract amount for Hardy and Harper Inc. will be $2,453,763.17.
7 Packet Pg. 206
Staff Report to the Mayor and City Council
Contract Amendment - Hardy Harper Citywide Asphalt Paving March 21, 2023
FISCAL IMPACTS
Resolution R -20-23 (Exhibit A) seeks to amend the FY 2022-23 Budget to appropriate from reserve balance an additional $143,807.17 in the Host City Fees Capital Improvement Account Number 240-2346-6150-3890-0000-000 for Change Order No. 1. Sufficient reserve balance is available to appropriate the funds necessary for Change Order No. 1.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit B - Change Order No. 1 28 February 2023
2. Exhibit A - Resolution (R-20-23)
7 Packet Pg. 207
DATE:
FROM: Ed C. Vasquez
TO:
INSTRUCTIONS TO THE CONTRACTOR AT THE REQUEST OF THE PROJECT MANAGER:
Added quanties for completion of construction
I. INCREASED QUANTITY
Item No. Description of Work Quantity Unit Unit Cost Total Cost 1 1.00 LS 4,545.50$ = 4,545.50$
2 1.00 LS 9,852.00$ = 9,852.00$
3 1.00 LS 11,718.98$ = 11,718.98$
4 3.00 EA 50.00$ = 150.00$
5 1.00 LS 9,728.64$ = 9,728.64$
6 905.98 TON 119.00$ = 107,812.05$
7 1.00 -$
8 1.00 -$
9 1.00 -$
10 1.00 -$
11 1.00 -$
12 1.00 -$
13 1.00 -$
TOTAL = 143,807.17$
II. DECREASED QUANTITY
Item No. Description of Work Quantity Unit Unit Cost Total Cost -$
SUB-TOTAL = -$
TOTAL AMOUNT OF CHANGE ORDER #1 = 143,807.17$
III. CONTRACT AMOUNT RECONCILLATION
ORIGINAL AMOUNT OF CONTRACT = 2,309,956.00$
CHANGE ORDER NO.1 = 143,807.17$
TOTAL COST OF CONTRACT AS PER CHANGE ORDER NO. 1 = 2,453,763.17$
CITY OF COLTON
March 21, 2023
CONTRACT CHANGE ORDER NO. 1
The amount of the contract will be increased by the sum of $143,807.17 (6.2% of the contract amount) and contract time shall be extended by 0 calendar days. The undersigned Contractor approves the foregoing Change Order # 1 as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order # 1. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner.
Parking lot Additional AC to create ADA Accessible Stahl Citywide Asphalt Paving Project FY21-22
PUBLIC WORKS DEPARTMENT- ENGINEERING SECTION
Hardy & Harper, Inc.
32 Rancho Circle
Lake Forest, CA 92610
AC Berm To retain Drainge S. Lacaden
Additional Concrete Removal (7th St. LA Cadena to O)
Adjust Valve to grade (Parking Lot)
Brian A. Dickinson, Public Works/Utilitity Services Director DATE Michael Murray, Hardy & Harper Inc DATE
Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in Contract, law or equity, arising out of or related to the subject of the change order, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages.
William R. Smith, City Manager DATE
Additional Mill Work Fairview & Colton (drainage correction) Additional Tons needed to complete road resurfacing
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Attachment: Exhibit B - Change Order No. 1 28 February 2023 (3964 : Contract Amendment - Hardy Harper Citywide Asphalt Paving) 1 2
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RESOLUTION NO. R-20-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLT ON AMENDING THE FISCAL YEAR 2022/2023 CAPITAL IMPROVEMENT BUDGET.
WHEREAS, the City intends to support the City’s goal to improve the City’s traffic safety and infrastructure; and
WHEREAS, the HCF Fund accounts for monies received and expended from the County of San Bernardino for the Waste Disposal Agreement (WDA); and can be used for the Street Improvement Project; and
WHEREAS, the Host City Fee can be used to fund street improvement and rehabilitation projects; and
WHEREAS, the City of Colton wants to amend the Fiscal Year 2022-2023 Capital Improvement Budget for the FY 21-22 Asphalt Paving Project; and WHEREAS, a budget appropriation for approved activities, not listed in the 2022-2023 Fiscal Year budget is required and must be approved by resolution of the City Council.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1 The Recitals preceding in this Resolution are true and correct and are incorporated into this Resolution by reference.
Section 2 Amend the adopted FY2022-23 budget to:
• Increase appropriations
in Host City Fee Fund FY2021-22 Citywide Paving Project capital improvement account number 240-2346-6150-3890-0000-000 by $143,807.17.
PASSED, APPROVED AND ADOPTED THIS 21st DAY OF MARCH 2023. __________________________________
FRANK J. NAVARRO, MAYOR
ATTEST:
_______________________________
CAROLINA R. PADILLA, CITY CLERK
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Packet Pg. 209
Attachment: Exhibit A - Resolution (R-20-23) (3964 : Contract Amendment - Hardy Harper Citywide Asphalt Paving)
ITEM NO. 8
STAFF REPORT
DATE: MARCH 21, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: AWARD CONTRACT TO BRICKLEY CONSTRUCTION COMPANY, INC. FOR MOLD AND ASBESTOS REMOVAL SERVICES AT FIRE
STATION #212, RESOLUTION NO. R-19-23.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Award Brickley Construction Company Inc. a contract for mold and asbestos removal services at Fire Station #212 for $25,385.
2. Adopt resolution R-19-23, which will amend the Fiscal Year 2022 -23 budget, increasing the Building Maintenance Fund Fire Department Maintenance Account by $25,385.
BACKGROUND
On July 06, 2022, the City entered a Maintenance Services Agreement (MSA) with Brickley Construction Company, Inc., also known as Brickley Environmental, to provide mold removal services at various locations. The City Manager executed the MSA for the amount not -to-exceed $15,000.
On August 22, 2022, the City entered into a second Maintenance Services Agreement (MSA) with Brickley Environmental to provide mold removal services at the Police Department. The City Manager executed the MSA for the amount not-to-exceed $34,900. The two active contracts brought the total aggregated amount to $49,900.
Titan Environmental performed a limited preliminary fungal assessment in areas where building maintenance suspected there might be mold-containing substances. Titan Environmental visually 8 Packet Pg. 210
Staff Report to the Mayor and City Council
Contract Award - Brickley Environmental
March 21, 2023
inspected the project areas and collected mold samples of the subject properties. The samples were submitted to a laboratory accredited through the AIHA EMPLAP to analyze fungal spores and particulates by optical microscopy.
Titan’s limited preliminary mold a ssessment report summarized samples and analytical data, providing recommendations for the subject property. Titan reported Fire Station #212 as having the highest mold contamination.
ISSUES/ANALYSIS
Brickley Environmental specializes in mold and asbest os removal services. Mold can cause structural damage to buildings over time, making it essential to address mold growth promptly.
Brickley Environmental can help ensure the safety of the Fire Station #212 building and its occupants by offering professional mold removal services.
Section 3.08.060 (C) of the Colton Municipal Code requires contracts over $50,000 but less than or equal to $100,000 to be awarded by the City Council pursuant to the Non-Public Project s Informal Bidding Procedure. The aggregate of the City’s current contracts with Brickley Environmental total $49,900 and adding $25,385 will result in an combined total of $75,285.
Based on the critical nature of the findings and the need to mitigate the environmental hazard, staff recommends City Council dispense with competitive bidding under Colton Municipal Code Section 3.08.140(A), which states that competitive bidding may be waived in an emergency situation. The urgent nature of the situation requires immediate action, and waiting for the completion of a competitive bidding process could result in delays that could cause harm to those exposed to the conditions.
FISCAL IMPACTS
The additional mold remediation was not anticipated during the development of the FY 2022 -23 Budget. An additional appropriation is necessary to cover the cost of mold removal services.
Approval of Resolution R-19-23 will amend the FY 2022-23 budget to increase appropriations in the Building Maintenance Fund Fire Department Maintenance A ccount 605 -6150-6211-2250- 6091-000 by $25,385. Sufficient reserve balance is available to appropriate the necessary funds.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Resolution R-19-23
2. Contract - Brickley Construction Company Inc.
8 Packet Pg. 211
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RESOLUTION NO. R-19-23
A RESOLUTION OF THE CITY COUNCIL, AMENDING THE FISCAL YEAR 2022 - 23 BUDGET TO APPROPRIATE $25,385 IN THE BUILDING MAINTENANCE FUND
FIRE DEPARTMENT MAINTENANCE ACCOUNT FOR REQUIRED MOLD
REMEDIATION.
WHEREAS, the budget for Fiscal Year 2022-23 was approved by City Council, and must now be amended to increase appropriations in the Building Maintenance Fund Fire Department Maintenance Account to proceed with a mold and asbestos removal contract; and, WHEREAS, t he funding will be uti lized to provide mold and asbestos removal services at Fire Station #212 to help ensure the safety of the building and its occupants.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council he reby amends the Fiscal Y ear 2022 -23 budget to appropriate $25,385 into Building Maintenance Fund Fire Department Maintenance Account Number 605-6150-6211-2250-6091-000.
PASSED, ADOPTED AND APPROVED THIS 21st DAY OF MARCH, 2023.
________________________________
Frank J. Navarro, Mayor
ATTEST:
_____________________________
Carolina R. Padilla, City Clerk
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Attachment: Resolution R-19-23 (3999 : Contract Award - Brickley Environmental) (BB&K 2018)
23152.06000\30608583.2
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CITY OF COLTON
MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this ____ day of _______, 2023 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, County of San Bernardino , State of California (“City” ) and Brickley Construction Comp any, Inc. , a Sole Proprietorship with its principal place of business at 957 Reece Street, San Bernardino, CA 92411-2356 (“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 Mold/Asbestos Removal 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, 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.
City desires to engage Contractor to render such services for the Fire Department #212 Mold/Asbestos Removal Project (“Project”) as set forth in this 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 Mold/Asbestos Removal 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 a nd 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 begin immediately and end December 31, 2023, unless earlier terminated as provided herein. 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.
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Attachment: Contract - Brickley Construction Company Inc. (3999 : Contract Award - Brickley Environmental) (BB&K 2018)
23152.06000\30608583.2
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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 requi rements 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 pe rforming the Services under this Agreement on behalf 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 perso nnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, 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 request 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 Brian Dickinson, Public Works & Utilities Director, 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 Tom Brickley, Owner, 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 Agreement. 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,
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Attachment: Contract - Brickley Construction Company Inc. (3999 : Contract Award - Brickley Environmental) (BB&K 2018)
23152.06000\30608583.2
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Contractor represents that it, its employees and subcontractors have all licenses, permi ts, 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 th e indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the 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 person s 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. 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 tha t the City will suffer damage. 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 Zero Dollars ($0.00) 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 an y 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 Health & 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 m unicipality 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, 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.
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Attachment: Contract - Brickley Construction Company Inc. (3999 : Contract Award - Brickley Environmental) (BB&K 2018)
23152.06000\30608583.2
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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 amend ed 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 n ot 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 electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program oper ated by the United States Department of Homeland Security to verify information 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 Contr actor 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 person 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, 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.
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Attachment: Contract - Brickley Construction Company Inc. (3999 : Contract Award - Brickley Environmental) (BB&K 2018)
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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 City 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 regulations of the Environmental Pr otection 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 permits 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 recei ve adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a lis t of training programs that meet the requirements of this paragraph.
3.2.11 Insurance.
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 secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor
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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 (occurrence form CG 0001); (2) Automobile Liability :
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance . Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, 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 C ity 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,
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agents, and volunteers shall be covered as additional insured with respect 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 coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provisio n 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 li ability 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 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 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(B). (C) Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation again st 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 co mply 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 limitations 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
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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, officer s, 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 shal l 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.
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 . Con tractor 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 au thorized 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 submitted 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 plank s, 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 mainten ance of all safety measures.
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3.2.13 Bonds.
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 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 shall further provide that no change or alt eration 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 Con tractor 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 i s 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 t his 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.
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3.2.15.1 Inspection Of Site . Contracto r 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 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 course 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 with 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, to the reasonable satisfaction of the Cit y, 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.
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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 Twenty-Five Thousand Three Hundred Eighty-Five Dollars with Zero Cents ($25,385.00) without written approval of the City of Colton. 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 rendere d 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) a ny 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 term 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 execut ion 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 “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Law s. 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 worke r 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, offi cers, 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
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provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), 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 all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shal l maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also 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 performe d 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. Contracto r 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 furthe r 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 as the respective parties may provide in writing for this purpose:
Contractor:
Brickley Construction Company, Inc.
957 Reece Street
San Bernardino, CA 92411-2356
Attn: Tim Brickley, Owner
City:
City of Colton
650 North La Cadena Drive
Colton, CA 92324
Attn: Brian Dickinson, Public Works & Utilities Director Such notice shall be deemed made when personally delivered o r 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, deman ds, 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 e xpert 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 reimburse City for the cost of any settlement paid by City or its officials, employees, agents
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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 enforcing 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 notices 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 Contract or. 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 . 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.
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 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 references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.5.9 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,
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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 f ile, 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, right, and authority to make this Agreement and bind each respective Party.
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 hereo f, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND BRICKLEY CONSTRUCTION COMPANY, INC.
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the ____ day of _______, 2023.
CITY OF COLTON
By: ____________________________ Attest: _________________________ William R. Smith Carolina R. Padilla
City Manager City Clerk
BRICKLEY CONSTRUCTION COMPANY, INC.
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
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Exhibit A-1
EXHIBIT “A”
SCOPE OF SERVICES
Remove and dispose of asbestos/mold contaminated building materials (MCBM) on an as needed basis, for the Fire Department #212 Mold/Asbestos Removal Project.
Location: 1511 N Rancho Ave, Colton, CA 92324
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Exhibit B-1
EXHIBIT “B”
SCHEDULE OF SERVICES
The term of this contract shall begin immediately and end December 31, 2023.
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Exhibit C-1
EXHIBIT “C”
COMPENSATION
Agreement compensation shall not exceed Twenty-Five Thousand Three Hundred Eighty-Five Dollars with Zero Cents ($25,385).
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ITEM NO. 9
STAFF REPORT
DATE: MARCH 21, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: AWARD OF CONTRACT TO LEE & RO INC. FOR THE CENTER STREET SEWAGE LIFT STATION PROJECT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Award a Professional Services contract to Lee & Ro, Inc. for engineering and design preparation for the Center Street Sewage Lift Station Project for $294,311.00.
BACKGROUND
Since 1949, the City of Colton has owned, operated, and maintained the Wastewater Treatment Plant (WWTP) at 1201 S. Rancho Avenue. The WWTP provides treatment of domestic, commercial, and industrial wastewat er generated by the City of Colton, City of Grand Terrace, and some unincorporated areas of San Bernardino County.
A construction Center Street Sewage Lift Station was proposed, pursuant to the City of Colton 2015 Sewer Master Plan , to meet a portion of the City’s anticipated additional sewage flow requirements over the next ten to twenty years. The construction of the Center Street Lift Station will replace Cadena Creek Sewer lift station that was built in the 1970s , that currently is collecting the flo ws from the southeast area of the City and the portion of the City of Grand Terrace. This infrastructure will be designed in such a way that the system will be able to provide and accommodate the projected ultimate average daily flows of 2.0 Million Gallo ns per Day (MGD) in the future.
ISSUES/ANALYSIS
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Staff Report to the Mayor and City Council
Contract Award - Lee & Ro Inc.
March 21, 2023
On December 24, 2022, the City Staff issued a Request for Proposals (RFP) for the preparation of the engineering design and construction support for the Center Street Lift Station (“Project”).
The RFP was a dvertised on The Press -Enterprise newspaper on December 24, 2022 and December 30, 2022. On January 17, 2023, City received proposals from four (4) engineering firms:
No.
Name of Consultant
Engineering
and Design
Optional Task
& Bidding
Support
Total
Cost Proposal
1 Civiltec Engineering Inc. $382,637.00 $52,040.00 $434,677.00 2 Dexter Wilson Engineering $231,305.00 $71,515.00 $302,820.00 3 Krieger and Stewart Engineering
Consultants $252,788.00 $40,630.00 $293,418.00
4 Lee & Ro Inc. $249,951.00 $44,360.00 $294,311.00
Staff performed a review of the proposals for a ccuracy and completeness and rated the consultants based on qualifications, performance of similar work, ability to provide services, quality of proposal, work performance for the City and cost. Staff evaluated all of the proposals and determined that the Lee and Ro. Inc. proposal met all of the criteria as outlined in the RFP and scored the highest in the City’s evaluation process, see attached Exhibit A. Lee & Ro, Inc. ’s cost proposal for the engineering design is $249,951.00 and Construction Support of $44,360 for a total of $294,311.00.
FISCAL IMPACTS
The total amount for Engineering Design and Construction Support of the Center Str eet Sewage Lift Station Project, including a 5% contingency is $309,026.55. Sufficient appropriations for the contract are available in the FY2022 -23 budget in Wastewater Fund WWTP Capital Improvement Account #522-8200-8204-3890-0000-000.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. RFP Evaluation - Matrix
2. Contract - Lee and Ro
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CONSULTANT EVALUATION MATRIX
RFP FOR CENTER STREET SEWAGE LIFT STATION PROJECT
Release Date: January 30, 2023
Criteria Max pts
Krieger &
Stewart
Lee & Ro, Inc Civiltec
Engineering
Dexter
Wilson
A. Qualifications of the Firm (25%)
Firm Qualifications of the Project Team
– Qualifications will be evaluated based
on firm history and experience in
wastewater engineering, professional
experience, firm capabilities, and
references.
Max Pts
25 pts 20.30 22.30 20.70
19.70 B. Qualifications of the Key
Personnel (25%)
Key personnel/Engineer experience in
municipal traffic engineering, minimum
of five (5) years experience. Experience
shall include but not limited to design
and/or review of wastewater treatment
plant expansion and rehabilitation.
Max Pts
25 pts 19.70 22 20
19.70 C. Project Approach and proposed
schedule (25%)
Understanding the Scope of Work with
their approach and
methodology/systems reflecting the
ability to provide the requested
services. Demonstrated knowledge of
the work; recommendation of other
alternative designs. Depth of Proposer's
understanding of project requirements
and specificity of work plan;
appropriateness of distribution of effort
among the tasks; ability to meet the
project deadline; and reasonableness of
proposed schedule.
Max Pts
25 pts 20.30 21 19
13 D. Cost Competitiveness (25%)
Competitiveness of cost proposal based
on the unit rate and reasonableness of
cost allocated for each task.
Max Pts
25 pts 25 23 21
16 Total Points
85.30 88.30 75.70
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GUIDELINES - CONSULTANT QUALIFICATION EVALUATION MATRIX
A. FIRM QUALIFICATION, RELATED EXPERIENCE, AND REFERENCES (25%):
17-25 Firm has strong, direct and successful prior work experience related to the services scope of work, including working with similar services.
9-16 Level of firm experience may be adequate to perform the scope of work . Firm has similar technical discipline experience as is required for the scope of work. 1-8 Level of firm experience is highly questionable as to ability to perform the scope of work.
Little or no work experience can be reasonably correlated to the proposed scope of work.
B. PROPOSED STAFFING AND KEY PERSONNEL (25%):
17-25 Staff and team has strong, direct and successful prior work experience similar to the services, including working with similar services.
9 - 16 Level of staff and team experience may be adequate to perform the scope of work . Staff and team has similar technical discipline experience as is required for the scope of work. 1 - 8 Level of staff and team experience is highly questionable as to ability to perform the sco pe of work. Little or no work experience can be reasonably correlated to the proposed scope of work.
C. PROJECT APPROACH AND PROPOSED SCHEDULE (25%):
17-25 Consultant demonstrates a strong knowledge of the project scope of work and all roles and responsibilities. Work processes for completing the scope of work is well understood. 9-16 Consultant demonstrates adequate knowledge of the project scope of work and roles and responsibilities. Work processes for completing the scope of work is satisfactorily demonstrated.
1-8 Consultant demonstrates limited knowledge of the project scope of work and roles and responsibilities. Work processes for completing the scope of work is not sufficiently demonstrated.
D: COST COMPETITIVENESS (25%):
17-25 Firm has demonstrated the ability to complete the services and tasks in reasonable and competitive unit rate
9-16 Cost proposal may be adequate to complete the services and tasks in timely manner. 1-8 Cost proposal experience is highly questionable to complete the services and tasks on time.
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CITY OF COLTON
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 21th day of February, 20 23, 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 and Lee and Ro Inc., a Corporation with its principal place of business at 1199 S. Fullerton Rd. City of Industry, CA 91748 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Engineering Services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project
City desires to engage Consultant to render such professional consulting services for the Engineering and Design of Center Street Sewage Lift Station Project ("Project") as set forth in this Agreement. Consultant understands that the City has entered into a Utility System Management Agreement, dated as of September 1, 2000, with the Colton Utility Autho rity (“CUA”) for the maintenance, management and operation of its Wate r 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. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting 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 perfor med 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 March 6, 2023 to September 30, 2023, unless earlier terminated as provided 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 o f this Agreement
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if necessary to complete the Services.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Nei ther City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, sa laries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement , and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements . All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel . Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from t he Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Jay Jung, P.E., Vice President.
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3.2.5 City's Representative . The City hereby designates Brian Dickinson, Public Works and Utilities Dir ector, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Jay Jung, P.E., Vice President, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Ag reement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re -employed to perform any of the Services or to work on the Project.
3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees
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that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.2.10 Laws and Regulations ; Employee/Labor Certification . Consultant shall keep itself fully i nformed 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. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any fa ilure or alleged failure to comply with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Consultant . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.
Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agr eement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.
3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub - subcontractors and Subconsultants . To the same extent an d under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub - subcontractors or subconsultants to meet any of the requirements provided for in Sections
3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section
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3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.2.10.4 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.10.5 Air Quality . To the ext ent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel - powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of appli cable laws, rules and/or regulations by Consultant, its sub-consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, e quipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Insurance.
Time for Compliance . Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this Section.
3.2.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of
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the Agreement by the Consultant, its agents, representatives, employees or subconsultants.
Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance . Coverage shall be at le ast as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability :
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance . Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodil y injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of ins urance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.
3.2.11.3 Professional Liability . Consultant shall procure and maintain, and require its sub -consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. Defense costs shall be paid in addition to the limits.
3.2.11.4 Insurance Endorsements . The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
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(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and completed operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self -insurance shall be called upon to protect it as a named insured. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section
3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(A).
(B) Automobile Liability . The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, offic ials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consu ltant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant ’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.
Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B). (C) Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid u nder the terms of the insurance policy which arise from work performed by the Consultant. (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.
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3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Consultant or others providing insurance evidence in complia nce with these specifications to waive their right of recovery prior to a loss. Consultant 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 subconsultants.
3.2.11.6 Deductibles and Self -Insurance Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall proc ure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
3.2.11.7 Subconsultant Insurance Requirements. Consultant shall not allow any subconsultants to commence work on any subcontract r elating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.
3.2.11.8 Acceptability of Insurers . Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.
3.2.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its b ehalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.2.11.10 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.2.12 Water Quality Management and Compliance.
3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby
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acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.
3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Co ntrol Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
3.2.12.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations an d policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
3.2.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, a nd ordinances listed in Section 3.2.14.2 of this Agreement is a violation of federal and state law.
Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmle ss the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water qual ity law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.
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3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred Ninety Four Thousand T hree Hundred Eleven and Zero Cent ($294,311.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation . Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all n on-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work . At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not pe rform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of rene wal as set forth in Exhibit “C.”
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant 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 "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execut e the Services available to interested parties upon request, and shall post copies at the Consultant's principal
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place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This proj ect may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim o r liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection . Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination . City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant
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shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination . If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address , or at such other address as the respective parties may provide in writing for this purpose:
Consultant: LEE & RO, Inc.
1199 S. Fullerton Rd.
City of Industry, CA 91748
Attn: Jay Jung, P.E.
Vice President
City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: Brian Dickinson, Public Works and Utilities Director Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual P roperty. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required
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by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable d uplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.6.3.3 Right to Use . City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a pro ject other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & D ata, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, it s directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to
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any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.6.4 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.5 Indemnification.
3.6.5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands , causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful m isconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.6.5.2 If Consul tant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final a djudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
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3.6.6 Entire Agreement. This Agreement contains the entire Agreement of t he parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.6.7 Governing Law; Government Code Claim Compliance . This Agre ement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.
In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, cla ims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Governmen t Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.9 City's Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.
3.6.10 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.
3.6.11 Assignment or T ransfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer . To the extent that this Agreement is deemed to be a "material contract" under the CUA Management Agreement, Consultant 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, Consultant 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.
3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period f or performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or descri be the scope, content, or intent of this Agreement.
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3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 Waiver. No waiver of any default shall consti tute 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.
3.6.15 No Third -Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fi de employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in th e performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.18 Authority to Enter Agreement. Consultant has all requi site power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6.20 Federal Provisions When funding for the Services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit “ A-1” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
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3.7 Subcontracting.
3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO
PROFESSIONAL SERVICES AGREEMENT BY A ND
BETWEEN THE CITY OF COLTON AND LEE & RO INC
CITY OF COLTON LEE & RO INC
CORPORATION
By: ____________________________ By: _________________________ William R. Smith Jay Jung, P.E.
City Manager Vice President
Attest:
____ By: _________________________
Carolina R. Padilla Name and Signature
City Clerk
Recommended for Approval:
_________________________
Executive Director
Colton Utility Authority
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EXHIBIT "A"
SCOPE OF SERVICES
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EXHIBIT "A-I"
FEDERALLY REQUIRED PROVISIONS FOR SERVICES
N/A
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EXHIBIT "B"
SCHEDULE OF SERVICES
The term of this Agreement shall be from March 6, 2023 to September 30, 2023.
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EXHIBIT "C"
COMPENSATION
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ITEM NO. 10
STAFF REPORT
DATE: MARCH 21, 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 A NOTICE OF COMPLETION FOR GONZALEZ CENTER GENERATOR PROJECT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Authorize the execution and recordation of a Notice of Completion for the 300 KW back -up generator at the Gonzales Community Center Project.
BACKGROUND
The Gonzalez Community Center (GCC) is an essential, critical facility as identifie d by the City of Colton in its Local Hazard Mitigation Plan. In 2015, in collaboration and partnership with the San Bernardino County Department of Public Health, Preparedness and Response Program (SBC DPH PRP), the City entered into a Memorandum of Understanding (MOU) to utilize the GCC as a Warehouse, Point -of-Dispensing (POD), or Government -Authorized Alternate Care Site (GAACS) in the event of a bioterrorism or other public health emergency occurring within the County. Further, the City has an agreement in place with the American Red Cross (ARC) to use the GCC as an immediate evacuation or long -term mass care shelter. The City has also identified the GCC as a Cooling Center for use by Colton and/or County residents. The installation and completion of the current project satisfies all requirements and affords the ability for the GCC to be used as any of the aforementioned facilities in the event of a long - term power outage.
On March 12, 2021, the California Governor’s Office of Emergency Services (Cal OES) approved the City of Colton’s FY 2020 -2021 Community Power Resiliency allocation in the amount of $290,000. The City of Colton purchase d and install ed t he 300kW/480v generator, 10 Packet Pg. 258
Staff Report to the Mayor and City Council
Notice of Completion - Gonzalez Center Generator Project March 21, 2023
with automatic transfer switch, generator pad, security/safety fencing, and 96 -hour fuel tank .
The 96 -hour fuel tank requirement is to meet or align with the minimum 96 -hour backup emergency power requirement for a healthcare faci lity, in the event the GCC is used as a Government Authorized Alternate Care Site.
ISSUES/ANALYSIS
On October 5, 2021, the City Council awarded the construction contract to Delta Electric LLC. for the FY 20/21 Gonzalez Center Generator Project in the amount of $280,690. The Project was completed on January 20, 202 3 per contract documents and specifications with a total contract amount of $287,707.20 including Change Order No. 1 in the amount of $7,017.20.
FISCAL IMPACTS
The Total amount of construct ion of the 300 KW Back -Up Generator Project was $287,707.20.
There is no additional fiscal impact to file the Notice of Completion.
ALTERNATIVES
1. Provide direction to staff.
ATTACHMENT
1. Exhibit A - Notice of Completion - Generator
2. Exhibit B - Photos
3. Exhibit C - Approved Co. No. 1 signed by CM 24 JAN 2023 10 Packet Pg. 259
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
APN: 016206301 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., M.A
3. The full address of the undersigned is City of Colton, 160 S. 10th Street, Colton, CA 92324-2897
4. The nature of the title of the undersigned is City of Colton City Engineer (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 January 20, 2023
8. The name of the original contractor, if any, for the work of improvement was Delta Electric LLC.
The kind of work done or material furnished was Supply and Install 300KW Back-Up Generator
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 Gonzalez Community Center
9. The street address of the said property is 660 Colton Ave, Colton, CA 92324
Dated: ___________________________ _________________________________________________ Victor Ortiz, P.E., M.A Assistant PW Director/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 ___________________, California, this ____________ _ day of ______________________________
________________________________________________
(SIGNATURE)
10.a
Packet Pg. 260
Attachment: Exhibit A - Notice of Completion - Generator (3955 : Notice of Completion - Gonzalez Center Generator Project) Exhibit - B _ Photos
10.b
Packet Pg. 261
Attachment: Exhibit B - Photos (3955 : Notice of Completion - Gonzalez Center Generator Project)
10.c
Packet Pg. 262
Attachment: Exhibit C - Approved Co. No. 1 signed by CM 24 JAN 2023 (3955 : Notice of Completion - Gonzalez Center Generator Project)
ITEM NO. 11
STAFF REPORT
DATE: MARCH 21, 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 A NOTICE OF COMPLETION FOR THE HSIP
CROSSWALK IMPROVEMENT PROJECT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Authorize the execution and recordation of a Notice of Completion for the Highway Safety Improvement Program (HSIP) Crosswalks Improvement Project - HSIPL-5065(029)
BACKGROUND
On December 27, 2018, the City received approval from Caltrans to fund the improvement for thirteen (13) crosswalks in the amount of $249,800. This project is one of the 221 appr oved in the state with Federal-funded Highway Safety Improvement Program (HSIP) Cycle 9 funds. The scope of the projects include installation of push button operated solar rapid rectangular flashing beacon (RRFB), crosswalk signs, ADA ramps and crosswalk restriping. The crosswalks that were improved are located on the following streets:
1. Four crosswalks along Rancho Ave in the vicinity of Colton HS
2. One crosswalk along Rancho Ave between Louise St. and Mill St.
3. One crosswalk along C Ct. at 2nd St. intersection
4. Two crosswalks along Johnson St. in the vicinity of McKinney ES
5. Two crosswalks along Laurel St. in the vicinity of Colton Middle School
6. Two crosswalks along Bordwell Ave. and Olive St. in the vicinity of Lincoln ES
7. One crosswalk along O St. in the vicinity of Wilson ES
ISSUES/ANALYSIS
11 Packet Pg. 263
Staff Report to the Mayor and City Council
Notice of Completion - HSIP Crosswalk Improvements
March 21, 2023
On March 15, 2022, the City Council awarded the construction contract to CalPro Max Engineering Inc. in the amount of $308,300. The project was completed on January 10, 2023 per contract documents and specifications with a total contract amount of $308,300.
FISCAL IMPACTS
The total amount of construction for the Highway Safety Improvement Program (HSIP) Crosswalks Improvement Project was $308,300 . The project was funded in Account No. 225- 2025-6150-3890-0000-000, $208,379,97 and Account No. 249 -2025-6150-3890-0000-000, $99,920.03.
ALTERNATIVES
1. Provide direction to staff.
ATTACHMENT
1. Exhibit A - Notice of Completion
2. Exhibit B - Photos
11 Packet Pg. 264
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
APN: Various locations 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., M.A
3. The full address of the undersigned is City of Colton, 160 S. 10th Street, Colton, CA 92324-2897
4. The nature of the title of the undersigned is City of Colton City Engineer (E.G. owner in fee OR vender under contract of purchase OR lessee OR OTHER APPROPRIATE 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 December 19, 2022
8. The name of the original contractor, if any, for the work of improvement was CalPro Max Engineering Inc.
The kind of work done or material furnished was Install New Crosswalks, Ped Ramps, RRFB System and Striping at various Locations throughout the City
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 Streets throughout the City
9. The street address of the said property is Rancho Ave., C Street, W Laurel St., Johnston St., Bordwell St. East o Street
Dated: ___________________________ _________________________________________________ Victor Ortiz, P.E., M.A Assistant PW Director/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 ___________________, California, this _____________ day of _________________ _____________
________________________________________________
(SIGNATURE)
11.a
Packet Pg. 265
Attachment: Exhibit A - Notice of Completion (3998 : Notice of Completion - HSIP Crosswalk Improvements) Exhibit - B _ Photos
11.b
Packet Pg. 266
Attachment: Exhibit B - Photos (3998 : Notice of Completion - HSIP Crosswalk Improvements)
ITEM NO. 12
STAFF REPORT
DATE: MARCH 21, 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 A NOTICE OF COMPLETION FOR THE HUTTON
CENTER PATIO IMPROVEMENTS PROJECT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Authorize the execution and recordation of a Notice of Completion for the FY 21 -22 Hutton Center Patio Improvement Project CDBG-COLT-19CV3-1-03A/0227.
BACKGROUND
The Hutton Center is primarily used to serve our senior community. In an effort to expand the usage of the center , it was determined to upgrade the outside patio. The patio is currently used for small events and gatherings during the day. The proposed improvements include installation of outdoor fans, lighting, electrical outlets, upgrade to existing electrical control panel and installing provisions allowing for expansion of future improvements. Completing the suggested improvements will add functionality to the outdoor area of the center. Lighting will enhance nighttime events and provide and extra layer of safety. Adding fan s will assist in reducing the temperature during the summer months. Adding additional outlets will provide for better use of audio and visual equipment such as playing movies or hosting events. The new electrical panel will serve all proposed items and will have sufficient capacity for future expansion such as adding an outdoor kitchen area.
ISSUES/ANALYSIS
On June 7, 2022, the City Council Awarded the construction contract to Metro Builder’s Inc. for the FY 21 -22 Hutt on Center Patio Improvements Project in the amount of $98,000.00. The 12 Packet Pg. 267
Staff Report to the Mayor and City Council
Notice of Completion - Hutton Center Patio Improvements March 21, 2023
project was completed January 7, 2023 per contract documents and s pecifications with a total contract amount of $98,000.00.
FISCAL IMPACTS
The Hutton Senior Center Patio project was funded by Community Development Block Grant Cares Act (CDBG -CV3) funding, supplemented with General Funds. Resolution R -22-21 approved $88,940 in CDBG-CV3 funds for the project. The total amount of construction for the Hutton Center Patio Improvements was $98,000.00 from the following sources:
Funding Source Account Number Amount
Community Development Block
Grant Cares Act (CDBG-CV3)
100-6200-6230-4930-0000-000 $ 88,940.00
General Fund 100-6200-6212-2250-0000-000 $ 9,060.00
There is no additional fiscal impact to file the Notice of Completion for the project.
ALTERNATIVES
1. Provide direction to staff.
ATTACHMENT
1. Exhibit A - Notice of Completion - Hutton Center
2. Exhibit B - Photos
12 Packet Pg. 268
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
APN: 016206301 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., M.A
3. The full address of the undersigned is City of Colton, 160 S. 10th Street, Colton, CA 92324-2897
4. The nature of the title of the undersigned is City of Colton City Engineer (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 January 5, 2023
8. The name of the original contractor, if any, for the work of improvement was Metro Builders Inc.
The kind of work done or material furnished was Supply & install Outdoor 200 Amp Electrical Panel, Lights, Fans, Bird Netting
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 Hutton Senior Center
9. The street address of the said property is 670 Colton Ave, Colton, CA 92324
Dated: ___________________________ _________________________________________________ Victor Ortiz, P.E., M.A Assistant PW Director/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 ___________________, California, this ____________ _ day of ______________________________
________________________________________________
(SIGNATURE)
12.a
Packet Pg. 269
Attachment: Exhibit A - Notice of Completion - Hutton Center (3997 : Notice of Completion - Hutton Center Patio Improvements) Exhibit - B Photos
12.b
Packet Pg. 270
Attachment: Exhibit B - Photos (3997 : Notice of Completion - Hutton Center Patio Improvements)
ITEM NO. 13
STAFF REPORT
DATE: MARCH 21, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: AUTHORIZE PIGGYBACK ON THE STATE OF CALIFORNIA'S BID
AWARD TO NATIONAL AUTO FLEET GROUP, FOR THE
PURCHASE OF VEHICLES IN THE PUBLIC WORKS & UTILITY
SERVICES DEPARTMENT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Authorize the City of Colton to piggyback on the State of California’s bid award for the purchase of two (2) new 2023 Ford F -150 Lighting all electric trucks for the Public Works and Utility Services Division from National Auto Fleet Group, in the amount of $103,833.56 in accordance with Colton Municipal Code 3.08.140(c).
BACKGROUND
The California Air Resources Board has drafted Advanced Clean Fleet (ACF) Regulations which in summary will require State and local government fleets, including city, county, district, and State agency fleets, to ensur e 50 percent of vehicle purchases are zero -emission beginning in 2024 and 100 percent of vehicle purchases are zero-emission by 2027.
The City has begun purchasing all electric and plug in Electric Fleet Vehicles as the vehicles become available.
ISSUES/ANALYSIS
The State of California recently conducted a competitive bid process for the purchase of new Ford F-150 Lightning all electric trucks and awarded a contract to National Auto Fleet Group on 13 Packet Pg. 271
Staff Report to the Mayor and City Council
Purchase - National Auto Fleet Group
March 21, 2023
August 26, 2022. The terms of the award allow other public agencies to piggyback onto their bid award.
Colton Municipal Code 3.08.140(c), Exceptions to Competitive Bidding when Competitive Bidding is Already Completed, allows the City’s competitive bidding requirements to be waived when the authorized contracting party determines that a competitive bid procedure has been conducted by another public agency (e.g. through CMAS or GSA) and the price to the City is equal or better than the price to that public agency.
Since this contract was competitively b id and awarded by another public agency, and since the price extended to the City is equal to or better than the price offered to the bidding public agency, the competitive bidding requirements of Colton Municipal Code have been met.
Staff is recommending that the City Council authorize the piggyback purchase of two new Ford F-150 Lightning from National Auto Fleet Group pursuant to the State of California bid award for the Public Works and Utilities Department.
FISCAL IMPACTS
Sufficient appropriations are available in the adopted FY2022-23 budget in Pollution Reduction Fund Automobile A ccount 214 -6150-6151-4910-0000-000 for the purchase of the two 2023 Ford F-150 Lightning all electric trucks.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. NationalAutoFleetGroupQuote ID 23227RL
13 Packet Pg. 272
2/22/23, 2:34 PM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/23226?ws=true&se=true&ssdType=QuickQuote 2/9 One Unit
(MSRP)
One Unit Total %
Savings
Extended
Unit's (2)
Total
Savings
Contract Price $48,914.00 $47,914.00 2.044 % $95,828.00 $2,000.00 Order# 6578 & 6492
Tax (7.7500 %) $3,713.34 $7,426.68
Tire fee $8.75 $17.50
Transportation $280.69 $561.38
Total $51,916.78 $103,833.56
Jesse Cooper Quoting Department
Account Manager Account Manager
Email: [email protected] [email protected] Office: (855) 289-6572 (855) 289-6572
Fax: (831) 480-8497
Quote ID: 23227RL
Order Cut Off Date: 8/26/20222/22/2023
Mr Bassam Alzammar
City of Colton
160 S. 10th St.
Colton, California, 92324
Dear Mr Bassam Alzammar,
National Auto Fleet Group is pleased to quote the following vehicle(s) for your consideration.
T
wo (2) New/Unused (2023 Ford F-150 Lightning (W1E) Pro 4WD SuperCrew 5.5' Box 145" WB, Order# 6578 & 6492 ) and delivered to your specified location, each for - per the attached specifications. On order units subject to prior sale until receipt of a purchase order.
This vehicle(s) is available under the Sourcewell Contract 091521-NAF . Please reference this Contract number on all purchase orders to National Auto Fleet Group. Payment terms are Net 20 days after receipt of vehicle.
Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.
Sincerely,
13.a
Packet Pg. 273
Attachment: NationalAutoFleetGroupQuote ID 23227RL (3988 : Purchase - National Auto Fleet Group) 2/22/23, 2:34 PM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/23226?ws=true&se=true&ssdType=QuickQuote 3/9
Purchase Order Instructions & Resources
In order to finalize your purchase please submit this purchase packet to your governing body for a purchase order approval and submit your purchase order in the following way:
Email: [email protected]
Fax: (831) 480-8497
Mail: National Auto Fleet Group
490 Auto Center Drive
Watsonville, CA 95076
We will send a courtesy confirmation for your order and a W-9 if needed.
Additional Resources
Learn how to track your vehicle: www.NAFGETA.com Use the upfitter of your choice: www.NAFGpartner.com Vehicle Status: [email protected] General Inquiries: [email protected]
For general questions or assistance please contact our main office at:
1-855-289-6572
13.a
Packet Pg. 274
Attachment: NationalAutoFleetGroupQuote ID 23227RL (3988 : Purchase - National Auto Fleet Group) 2/22/23, 2:34 PM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/23226?ws=true&se=true&ssdType=QuickQuote 4/9 Vehicle Configuration Options
ENGINE
Code Description
99L Engine: Dual eMotor - Standard Battery, (STD)
TRANSMISSION
Code Description
44L Transmission: Single-Speed, (STD)
PRIMARY PAINT
Code Description
YZ Oxford White
SEAT TYPE
Code Description
VS Medium Dark Slate, Vinyl Bucket Heated Front Seats, -inc: 2-way manual driver/passenger w/flow-through console and floor shifter
ADDITIONAL EQUIPMENT
Code Description
85H Back-Up Alarm System
OPTION PACKAGE
Code Description
110A Equipment Group 110A Standard
13.a
Packet Pg. 275
Attachment: NationalAutoFleetGroupQuote ID 23227RL (3988 : Purchase - National Auto Fleet Group) 2/22/23, 2:34 PM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/23226?ws=true&se=true&ssdType=QuickQuote 5/9 2023 Ford F-150 Lightning Pro 4WD SuperCrew 5.5' Box 145" WB
CODE MSRP
W1E $46,974.00
99L $0.00
44L $0.00
YZ $0.00
VS $0.00
85H $145.00
110A $0.00
$47,119.00
$0.00
$1,795.00
$48,914.00
Est City: N/A MPG
Est Highway: N/A MPG
Est Highway Cruising Range: N/A mi
2023 Fleet/Non-Retail Ford F-150 Lightning Pro 4WD
SuperCrew 5.5' Box 145" WB
WINDOW STICKER
MODEL
2023 Ford F-150 Lightning Pro 4WD SuperCrew 5.5' Box 145" WB
OPTIONS
Engine: Dual eMotor - Standard Battery, (STD)
Transmission: Single-Speed, (STD)
Oxford White
Medium Dark Slate, Vinyl Bucket Heated Front Seats, -inc: 2-way manual driver/passenger w/flow- through console and floor shifter
Back-Up Alarm System
Equipment Group 110A Standard
Please note selected options override standard equipment
SUBTOTAL
Advert/ Adjustments
Manufacturer Destination Charge
TOTAL PRICE
Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions.
Notes
13.a
Packet Pg. 276
Attachment: NationalAutoFleetGroupQuote ID 23227RL (3988 : Purchase - National Auto Fleet Group) 2/22/23, 2:34 PM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/23226?ws=true&se=true&ssdType=QuickQuote 6/9 Standard Equipment
MECHANICAL
Engine: Dual eMotor - Standard Battery -inc: 98 kWh usable capacity standard range high-voltage battery (STD)
Transmission: Single-Speed (STD)
WHEELS
Wheels: 18" Machined w/Black High Gloss Pockets
TIRES
Tires: 275/65R18 A/T
ADDITIONAL EQUIPMENT
Transmission w/Driver Selectable Mode
Full-Time All-Wheel
Driver Selectable Rear Locking Differential
Battery w/Run Down Protection
Class IV Towing Equipment -inc: Hitch and Trailer Sway Control Trailer Wiring Harness
2235# Maximum Payload
GVWR: 8,250 lbs
HD Front Shock Absorbers and Gas-Pressurized Rear Shock Absorbers Front And Rear Anti-Roll Bars
Electric Power-Assist Speed-Sensing Steering
Permanent Locking Hubs
Double Wishbone Front Suspension w/Coil Springs
Trailing Arm Rear Suspension w/Coil Springs
Regenerative 4-Wheel Disc Brakes w/4-Wheel ABS, Front And Rear Vented Discs, Brake Assist, Hill Hold Control and Electric Parking Brake
Lithium Ion Traction Battery w/10.5 kW Onboard Charger, 14 Hrs Charge Time @ 220/240V and1.517 Hrs Charge Time @ 440V
Regular Box Style
Aluminum Spare Wheel
Full-Size Spare Tire Stored Underbody w/Crankdown
Clearcoat Paint
Black Front Bumper w/Black Rub Strip/Fascia Accent and 2 Tow Hooks
13.a
Packet Pg. 277
Attachment: NationalAutoFleetGroupQuote ID 23227RL (3988 : Purchase - National Auto Fleet Group) 2/22/23, 2:34 PM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/23226?ws=true&se=true&ssdType=QuickQuote 7/9 Black Rear Step Bumper
Black Side Windows Trim
Black Door Handles
Black Manual Side Mirrors w/Manual Folding
Fixed Rear Window
Deep Tinted Glass
Variable Intermittent Wipers
Aluminum Panels
Black Grille
Tailgate Rear Cargo Access
Tailgate/Rear Door Lock Included w/Power Door Locks
Ford Co-Pilot360 - Autolamp Auto On/Off Projector Beam Led Low/High Beam Directionally Adaptive Auto High-Beam Daytime Running Lights Preference Setting Headlamps w/Delay-Off Cargo Lamp w/High Mount Stop Light
LED Brakelights
Headlights-Automatic Highbeams
Radio w/Seek-Scan, Clock, Speed Compensated Volume Control and Radio Data System Radio: FM Stereo w/6 Speakers
Fixed Antenna
Vinyl Bucket Heated Front Seats -inc: 2-way manual driver/passenger w/flow-through console and floor shifter
Driver Seat
Passenger Seat
60-40 Folding Split-Bench Front Facing Fold-Up Cushion Rear Seat Manual Tilt/Telescoping Steering Column
Gauges -inc: Speedometer, Odometer, Engine Coolant Temp, Traction Battery Level, Power/Regen, Traction Battery Temperature and Trip Odometer
Power Rear Windows
FordPass Connect 4G Mobile Hotspot Internet Access
Front Cupholder
Rear Cupholder
3 12V DC Power Outlets
Compass
Remote Keyless Entry w/Integrated Key Transmitter and Panic Button Cruise Control w/Steering Wheel Controls
Dual Zone Front Automatic Air Conditioning
HVAC -inc: Underseat Ducts and Console Ducts
Locking Glove Box
Driver Foot Rest
Interior Trim -inc: Cabback Insulator, Metal-Look Door Panel Insert and Metal-Look Interior Accents Full Cloth Headliner
13.a
Packet Pg. 278
Attachment: NationalAutoFleetGroupQuote ID 23227RL (3988 : Purchase - National Auto Fleet Group) 2/22/23, 2:34 PM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/23226?ws=true&se=true&ssdType=QuickQuote 8/9 Urethane Gear Shifter Material
Day-Night Auto-Dimming Rearview Mirror
Driver And Passenger Visor Vanity Mirrors
Mini Overhead Console w/Storage, 3 12V DC Power Outlets and 7 120V AC Power Outlets Front Map Lights
Fade-To-Off Interior Lighting
Full Vinyl/Rubber Floor Covering
Plastic Floor Trim
Cargo Area Concealed Storage
Pickup Cargo Box And Cargo Space Lights
Smart Device Remote Engine Start
SYNC 4 w/Enhanced Voice Recognition -inc: 12" LCD capacitive touchscreen w/swipe capability, information on demand panel, wireless phone connection, cloud connected, AppLink w/App catalog, 911 Assist, wireless Apple CarPlay and Android Auto compatibility, digital owners manual, conversational voice command recognition and connected built-in navigation, Note: Navigation services require SYNC4 and FordPass Connect (optional on select vehicles), complimentary connect service and the FordPass app (see FordPass Terms for details), Eligible vehicles receive a complimentary 3- year trial of navigation services that begins on the new vehicle warranty start date, Customers must unlock the navigation service trial by activating the eligible vehicle w/a FordPass member account, If not subscribed by the end of the complimentary period, the connected navigation service will terminate, and the system will revert to embedded offline navigation, Connected service and features depend on compatible AT&T network availability, Evolving technology/cellular networks/vehicle capability may limit functionality and prevent operation of connected features, FordPass App, compatible w/select smartphone platforms, is available via a download, Message and data rates may apply Instrument Panel Bin, Dashboard Storage, Interior Concealed Storage, Driver / Passenger And Rear Door Bins
Power 1st Row Windows w/Driver And Passenger 1-Touch Up/Down Delayed Accessory Power
Power Door Locks w/Autolock Feature
Outside Temp Gauge
Digital Appearance
Seats w/Vinyl Back Material
Manual Adjustable Front Head Restraints and Manual Adjustable Rear Head Restraints Perimeter Alarm
3 12V DC Power Outlets and 7 120V AC Power Outlets
AdvanceTrac w/Roll Stability Control Electronic Stability Control (ESC) And Roll Stability Control (RSC) ABS And Driveline Traction Control
Side Impact Beams
Dual Stage Driver And Passenger Seat-Mounted Side Airbags Reverse Sensing System Rear Parking Sensors
BLIS (Blind Spot Information System) Blind Spot
Pre-Collision Assist with Automatic Emergency Braking (AEB) Lane Keeping Alert Lane Keeping Assist
Lane Keeping Alert Lane Departure Warning
13.a
Packet Pg. 279
Attachment: NationalAutoFleetGroupQuote ID 23227RL (3988 : Purchase - National Auto Fleet Group) 2/22/23, 2:34 PM Sell, service, and deliver letter
https://www.nationalautofleetgroup.com/OrderRequest/SSDPrint/23226?ws=true&se=true&ssdType=QuickQuote 9/9 Collision Mitigation-Front
Driver Monitoring-Alert
Collision Mitigation-Rear
Tire Specific Low Tire Pressure Warning
Dual Stage Driver And Passenger Front Airbags
Safety Canopy System Curtain 1st And 2nd Row Airbags
Airbag Occupancy Sensor
Mykey System -inc: Top Speed Limiter, Audio Volume Limiter, Early Low Fuel Warning, Programmable Sound Chimes and Beltminder w/Audio Mute
Rear Child Safety Locks
Outboard Front Lap And Shoulder Safety Belts -inc: Rear Center 3 Point, Height Adjusters and Pretensioners
Ford Co-Pilot360 - Reverse Camera Back-Up Camera
13.a
Packet Pg. 280
Attachment: NationalAutoFleetGroupQuote ID 23227RL (3988 : Purchase - National Auto Fleet Group)
ITEM NO. 14
STAFF REPORT
DATE: MARCH 21, 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 AND ADOPT A RESOLUTION TO PURCHASE A
COMPACT TRACK LOADER FOR THE STORM WATER DIVISION,
RESOLUTION NO. R-18-23.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve the purchase of one compact track loader (Caterpillar Inc., model 259D3) for $98,083.25, from Quinn Company through the Sourcewell cooperative purchasing program in accordance with Colton Municipal Code Section 3.08.140(C).
2. Approve Resolution R -18-23 to amend the Fiscal Y ear 2022 -2023 budget to increase appropriations from reserve balan ce in t he Storm Water capital outlay miscellaneous equipment account by $19,083.25.
BACKGROUND
The City of Colton, Public Works Department, has one skid steer (1989 Case 1835C). The department utilizes the skid steer for all storm water related services , which include roadway restorations, roadway plaining, easement clean -ups, homeless encampment clean -ups, clean up Cooley channels, culverts, and other storm drains in the City. As a result of constant use and age, the skid steer has many significant mechanical issues and is unreliable.
ISSUES/ANALYSIS
Section 3.08.140(C) of the City's purchasing ordinance permits the City to join or use the contract of local governments within or outside this State with the authorization of the 14 Packet Pg. 281
Staff Report to the Mayor and City Council
Purchase - Quinn Company
March 21, 2023
contracting vendor. As a local government unit, Sourcewell created a cooperative purchasing contract designed to make the governmental procurement procedure more effective by creating competitively bid/priced contracts for goods and services; and providing the customer servic e 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 Sourcewell cooperative purchasing contract program (registration account number 71800). Caterpillar Inc. is an approved , qualified Sourcewell contract vendor (2023 Sourcewell Contract #032119-CAT).
The City of Colton will purchase one compact track loader (Caterpillar Inc., mod el 259D3) from Quinn Company through the Sourcewell cooperative purchasing program. Through Sourcewell, the City will purchase the compact track loader at a discounted rate (21% less than the retail price).
FISCAL IMPACTS
The Fiscal Year 2022-23 budget included $79,000 appropriated toward the purchase of a new compact track loader. The total quoted cost, including tax, for an equipped compact track loader through the Sourcewell contract is $98,083.25.
Approval of Resolution R-18-23 will amend the Fiscal Year 2022 -23 budget, increasing appropriations from reserve balance in Storm Water Fund M iscellaneous Equipment Account Number 722-6150-8215-4930-0000-000 by $19,083.25 to purchase the compact track loader.
ALTERNATIVES
1. Provide alternative direction to staff
ATTACHMENT
1. Resolution R-18-23
2. Compact Track Loader Proposal - Quinn Company
3. Sourcewell Contract No. 032119-CAT
14 Packet Pg. 282
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3 4
5 6
7 8
9 10
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- 1 -
RESOLUTION NO. R-18-23
A RESOLUTION OF THE CITY COUNCIL, AMENDING THE FISCAL YEAR 2022 - 23 BUDGET FOR THE STORM WATER CAPITAL IMPROV EMENT
EXPENDITURES BY $19,083.25.
WHEREAS, the budget for Fiscal Year 2022 -23 has been approved by City Council, and must now be amended to increase appropriations in the Public Works, Storm Water Fund capital outlay miscellaneous equipment account for the purchase of a compact track loader (Caterpillar Inc., model 259D3); and,
WHEREAS, t he funding will be utilized to su pport the City’s goal to improve the City’s infrastructure and safety operations by providing adequate storm drain cleaning and restoration services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council he reby amends the Fiscal Year 2022 -23 budget to appropriate $19,083.25 from reserve balance to Storm Water Funds Miscellaneous Equipment Account Number 722-6150-8215-4930-0000-000.
PASSED, ADOPTED AND APPROVED THIS 21st DAY OF MARCH, 2023.
________________________________
Frank J. Navarro, Mayor
ATTEST:
_____________________________
Carolina R. Padilla, City Clerk
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Attachment: Resolution R-18-23 (3985 : Purchase - Quinn Company)
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Attachment: Compact Track Loader Proposal - Quinn Company (3985 : Purchase - Quinn Company)
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Attachment: Compact Track Loader Proposal - Quinn Company (3985 : Purchase - Quinn Company)
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Attachment: Compact Track Loader Proposal - Quinn Company (3985 : Purchase - Quinn Company)
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Attachment: Compact Track Loader Proposal - Quinn Company (3985 : Purchase - Quinn Company)
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Attachment: Compact Track Loader Proposal - Quinn Company (3985 : Purchase - Quinn Company)
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Attachment: Compact Track Loader Proposal - Quinn Company (3985 : Purchase - Quinn Company)
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Attachment: Compact Track Loader Proposal - Quinn Company (3985 : Purchase - Quinn Company)
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Attachment: Compact Track Loader Proposal - Quinn Company (3985 : Purchase - Quinn Company)
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Attachment: Sourcewell Contract No. 032119-CAT (3985 : Purchase - Quinn Company)
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Attachment: Sourcewell Contract No. 032119-CAT (3985 : Purchase - Quinn Company)
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Attachment: Sourcewell Contract No. 032119-CAT (3985 : Purchase - Quinn Company)
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Attachment: Sourcewell Contract No. 032119-CAT (3985 : Purchase - Quinn Company)
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Attachment: Sourcewell Contract No. 032119-CAT (3985 : Purchase - Quinn Company)
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Attachment: Sourcewell Contract No. 032119-CAT (3985 : Purchase - Quinn Company)
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Attachment: Sourcewell Contract No. 032119-CAT (3985 : Purchase - Quinn Company)
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Attachment: Sourcewell Contract No. 032119-CAT (3985 : Purchase - Quinn Company)
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Attachment: Sourcewell Contract No. 032119-CAT (3985 : Purchase - Quinn Company)
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Attachment: Sourcewell Contract No. 032119-CAT (3985 : Purchase - Quinn Company)
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Attachment: Sourcewell Contract No. 032119-CAT (3985 : Purchase - Quinn Company)
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Attachment: Sourcewell Contract No. 032119-CAT (3985 : Purchase - Quinn Company)
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Attachment: Sourcewell Contract No. 032119-CAT (3985 : Purchase - Quinn Company)
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Attachment: Sourcewell Contract No. 032119-CAT (3985 : Purchase - Quinn Company)
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Attachment: Sourcewell Contract No. 032119-CAT (3985 : Purchase - Quinn Company) Sourcewell Contract #032119-CAT | Amendment #1
AMENDMENT #1
TO
CONTRACT #032119-CAT
THIS AMENDMENT is by and between Sourcewell and Caterpillar Inc. (Vendor).
Sourcewell awarded a contract to Vendor for Heavy Construction Equipment with Related Accessories, Attachments, and Supplies effective May 13, 2019, through May 13, 2023 (Contract). Vendor implemented changes to its dealer reporting system and now wishes to modify the Contract to accurately report Administrative Fee payment calculations.
The parties wish to amend the following terms within the Contract:
1. This Amendment is effective upon the date of the last signature below.
2. Any Contract term related to calculation of Administrative Fee that is paid to Sourcewell is deleted and replaced with the following:
“Vendor will pay to Sourcewell an Administration Fee calculated at 0.33% of Caterpillar’s MSRP for each piece of equipment purchased by Sourcewell’s Participating Entities.
Caterpillar will pay the Administration Fee to Sourcewell on a quarterly basis.”
Except as amended above, the Contract remains in full force and effect.
Sourcewell Caterpillar Inc.
B y : B y :
Jeremy Schwartz, Chief Procurement Officer Dawn Zink
D a t e : T i t l e :
Approved: Date:
B y :
Chad Coauette, Executive Director/CEO
D a t e :
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Attachment: Sourcewell Contract No. 032119-CAT (3985 : Purchase - Quinn Company)
ITEM NO. 15
STAFF REPORT
DATE: MARCH 21, 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 INSTALLATION OF STOP CONTROL DEVICES ALONG CORO DRIVE AT THE INTERSECTION OF POEMA AVENUE.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve the installation of stop control devices, including a STOP sign and STOP lettering and bar pavement markings along Coro Drive at the intersection of Poema Avenue.
BACKGROUND
The City of Colton requested Minagar & Associates, Inc. to review the potential installation of stop control devices at the intersection of Coro Dr. and W. Poema Ave. in the City of Col ton.
Coro Dr. and Poema Ave. are both two -way streets located in a residential area, with Coro Dr. being a cul-de-sac and the minor street of the two.
ISSUES/ANALYSIS
In accordance with Section 2B.06 of the California Manual on Uniform Traffic Contro l Devices (2014, Rev. 6), the use of STOP signs on minor -street approaches is permitted if engineering judgment indicates that a stop is always required because of one or more of the following conditions:
A. The vehicular traffic volumes on the through stree t or highway exceed 6,000 vehicles per day;
15 Packet Pg. 308
Staff Report to the Mayor and City Council
Stop Sign - Coro Drive at Poema Avenue
March 21, 2023
B. A restricted view exists that requires road users to stop in order to adequately observe conflicting traffic on the though street or highway; and/or C. Crash records indicate that three or more crashes that are susc eptible to correction by the installation of a STOP sign have been reported within a 12 -month period, or that five or more such crashes have been reported within a 2 -year period. Such crashes include right-angle collisions involving road users on the minor -street approach failing to yield the right-of-way to traffic on the through street or highway.
Since the minor-street approach is a mandatory stop at this intersection, due to restricted views, a stop control is permitted, as supported by Condition B of Section 2B.06.
The assessment was completed on October 29, 2022 by Minagar and Associates and reviewed by the Traffic Safety Committee at its meeting on Wednesday, February 8, 2023. Attached is the Stop Control Warrant Assessment for reference. The Tr affic Safety Committee voted unanimously to recommend approval to City Council. The Stop Control devices includes a standard STOP Sign mounted on a post, STOP lettering pavement markings and a stop bar pavement marking.
FISCAL IMPACTS
Costs associated w ith approval of the Stop Control devices will be funded from the streets maintenance budget. No additional appropriations are necessary to install the Stop Control devices.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. TO#311 Stop Control Warrant Assessment for W Poema Dr & Coro Dr, FM, Oct 29, 2022 15 Packet Pg. 309
TO #311
STOP CONTROL WARRANT ASSESSMENT FOR W POEMA DR & CORO DR
CITY OF COLTON, CA
October 29, 2022
PREPARED FOR:
PREPARED BY:
MINAGAR & ASSOCIATES, INC.
ITS – Traffic/Civil/Electrical Engineering – Transportation Planning – Homeland Security – CEM
23282 Mill Creek Drive, Suite 120
Laguna Hills, CA 92653
Tel: (949) 707-1199
CITY OF COLTON
Public Works Department
160 South 10th Street
Colton, CA 92324
TO#311
Stop Control Warrant Assessment
for
West Poema Drive & Coro Drive
in the
City of Colton, CA
CORO DRIVE
W POEMA DRIVE
N
N
N
PROPOSED
EXISTING
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Attachment: TO#311 Stop Control Warrant Assessment for W Poema Dr & Coro Dr, FM, Oct 29, 2022 (3991 : Stop Sign - Coro Drive at Poema TO #311
STOP CONTROL WARRANT ASSESSMENT FOR W POEMA DR & CORO DR
CITY OF COLTON, CA
1 October 29, 2022
Mr. Victor Ortiz, P.E., M.A.
Assistant Public Works Director/City Engineer
Public Works Department
160 South 10th Street
Colton, CA 92324
RE: Stop Control Warrant Assessment for W Poema Dr & Coro Dr in the City of Colton
The City of Colton requested Minagar & Associates, Inc. to review the request for potential installation of a stop control device at the intersection of W Poema Dr and Coro Dr in the City of Colton. W Poema Dr and Coro Dr are both two-way streets located in a residential area, with Coro Dr being a cul-de-sac and the minor street of the two.
According to Section 2B.06 of the California Manual on Uniform Traffic Control Devices (2014, Rev. 6), the use of STOP signs on minor-street approaches is permitted if engineering judgment indicates that a stop is always required because of one or more of the following conditions:
A. The vehicular traffic volumes on the through street or highway exceed 6,000 vehicles per day; B. A restricted view exists that requires road users to stop in order to adequately observe conflicting traffic on the through street or highway; and/or C. Crash records indicate that three or more crashes that are susceptible to correction by the installation of a STOP sign have been reported within a 12-month period, or that five or more such crashes have been reported within a 2- year period. Such crashes include right -angle collisions involving road users on the minor-street approach failing to yield the right-of-way to traffic on the through street or highway.
Within the past five years (Jan. 2017- Dec 2021) , only two collisions have occurred within the intersection vicinity. According to collision data collected from UC Berkeley Transportation Injury Mapping System (TIMS), both collisions occurred at the intersection of N Meridian Ave and W Poema Dr, and their Primary Collision Factors (PCF) were due to driving on the wrong side of the road and therefore are not susceptible to correction by the installation of a STOP sign.
However, even without a stop control, the minor -street approach is a mandatory stop at this intersection. Due to restricted views, a stop control is permitted, as supported by condition B of Section 2B.06.
With the exception of street sweeping days twice per month (as shown in the photo on the right), street parking which is permitted on both sides of W Poema Dr and Coro Dr, limiting vehicles on Coro Dr’s view of traffic on W Poema Drive and vice versa.
Figure 1 depicts areas of existing permitted street parking on Coro Dr and shows the need for drivers on Coro Dr to stop and check for vehicles on W Poema Dr. Figure 2 shows areas of existing permitted street parking on W Poema Dr . From the eastbound and westbound perspectives, it is evident that some drivers may not see oncoming vehicles from Coro Dr.
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Attachment: TO#311 Stop Control Warrant Assessment for W Poema Dr & Coro Dr, FM, Oct 29, 2022 (3991 : Stop Sign - Coro Drive at Poema TO #311
STOP CONTROL WARRANT ASSESSMENT FOR W POEMA DR & CORO DR
CITY OF COLTON, CA
2 LEGEND
Existing Permitted Street Parking
Proposed Stop Control Location
Figure 1: Existing Permitted Street Parking and Driver Visibility on Coro Dr
CORO DRIVE
W POEMA DRIVE
N
N
STOP
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Attachment: TO#311 Stop Control Warrant Assessment for W Poema Dr & Coro Dr, FM, Oct 29, 2022 (3991 : Stop Sign - Coro Drive at Poema TO #311
STOP CONTROL WARRANT ASSESSMENT FOR W POEMA DR & CORO DR
CITY OF COLTON, CA
3 LEGEND
Existing Permitted Street Parking
Proposed Stop Control Location
Figure 2: Existing Permitted Street Parking and Driver Visibility on W Poema Dr
CORO DRIVE
W POEMA DRIVE 1 2
2 Westbound Approach
1 Eastbound Approach
N
N
N
STOP
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Attachment: TO#311 Stop Control Warrant Assessment for W Poema Dr & Coro Dr, FM, Oct 29, 2022 (3991 : Stop Sign - Coro Drive at Poema TO #311
STOP CONTROL WARRANT ASSESSMENT FOR W POEMA DR & CORO DR
CITY OF COLTON, CA
4 Based on the above discussion and the guidelines of the 2014 CA -MUTCD, Minagar & Associates, Inc. concludes that a stop control is permitted at the W Poema Dr and Coro Dr intersection without further collection of traffic counts or a comprehensive stop sign warrant assessment.
Should you have any further questions, please do not hesitate to contact me at (949) 707- 1199, ext. 2# or more conveniently via e-mail at [email protected].
Thank you.
Sincerely,
MINAGAR & ASSOCIATES, INC.
Fred Minagar, MS, PE, RCE, FITE
Principal/Contract City Traffic Engineer
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Attachment: TO#311 Stop Control Warrant Assessment for W Poema Dr & Coro Dr, FM, Oct 29, 2022 (3991 : Stop Sign - Coro Drive at Poema