1 CITY OF COLTON
City Hall, Council Chambers
650 N. La Cadena Drive
Colton, CA 92324
Website: www.coltonca.gov
Mayor Frank J. Navarro
Council Members:
David J. Toro – District 1
Kelly J. Chastain – District 2
Dr. Luis S. Gonzalez – District 3
John R. Echevarria – District 4
City Treasurer Aurelio De La Torre
City Manager William R. Smith
City Attorney Carlos Campos
AGENDA
CITY COUNCIL,
COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,
COLTON HOUSING AUTHORITY
REGULAR MEETING
TUESDAY, MAY 2, 2023 – 5:00 P.M.
CITY HALL, COUNCIL CHAMBERS
CLOSED SESSION - 5:00 p.m.
CLOSED SESSION CALLED TO ORDER
ROLL CALL
PUBLIC COMMENT - Closed Session
This is the portion of the meeting specifically set aside to invite your comments regarding Closed Session items and other general comments about matters not on the agenda; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meeting. The Council is prohibited by law from discussing or taking immediate action on items during this public comment period.
Persons desiring to submit paperwork to the City Council Members shall provide copy of any paperwork to the City Clerk for the Official Record.
Speakers will be limited to 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
Please state your name and your City of Residence before providing your comment.
2 A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
APN: 163-361-18
Agency Negotiator: William R. Smith, City Manager and Carlos Campos, City Attorney Negotiating Parties: San Bernardino County Flood Control District, a body corporate and politic, Property Owner Under Negotiation: Price and Terms of Payment
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
APN: 1063-361-13
Agency Negotiator: William R. Smith, City Manager and Carlos Campos, City Attorney Negotiating Parties: San Bernardino County Flood Control District, a body corporate and politic, Property Owner Under Negotiation: Price and Terms of Payment
CITY ATTORNEY ORAL REPORT ON CLOSED SESSION ACTIONS
RULES OF DECORUM
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertainin g to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.
OPEN SESSION
6:00 P.M.
OPEN SESSION CALLED TO ORDER
INVOCATION Pastor Peter Tasaka - The Vineyard Church FLAG SALUTE American Legion Post 155 Members Louie Barrera and Steve Ferrance
ROLL CALL
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
Proclamation - Arbor Day
Proclamation - Colton Area Museum Day
Recognition - Hometown Heroes Program: New Military Banner Installation
3 MAYOR AND COUNCIL ITEMS
GIFT DISCLOSURES
Prior to rendering a decision in any proceeding involving a license, permit, contract or other entitlement pending before the City Council, any Council Member who has received been promised a gift or gifts aggregating $50.00 or more in value within the preceding twelve months from a party or participant in the proceeding shall disclose that fact either orally or in writing during open session. This disclosure shall be made part of the official public record of the proceeding, either as part of the minutes of the meeting or as a separate writing filed with the city. (CMC Section 2.04.030) AB 1234 ORAL REPORTS
Members of the City Council shall provide brief reports on meetings attended at the expense of the city. (GC Section 53232.3(d))
APPOINTMENTS
MAYOR AND COUNCIL DISCUSSION ITEMS
Update on the City Clerk Application/Appointment Process
PUBLIC HEARINGS
To speak on public hearing items, it is requested that you obtain a card from the City Clerk and complete it by noting the agenda item number, as well as whether you are in favor, opposition or neither, and give it to the City Clerk. The applicant will be allowed 5 minutes to address the Council and all other persons will be allowed 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure. (1) Signage - Truck Weight Limit - Approve Ordinance Authorizing Installation of "No Trucks Over 6,000 lbs." Signs, ORDINANCE NO. O-04-23.
[Staff Person: Brian Dickinson]
Mayor announces the Public Hearing Open.
City Clerk submits the Affidavit of Publication and reports on protests or objec tions thereto.
Staff Presentation.
Public Comment.
After hearing public comment, on motion by Councilmember __________, seconded by Councilmember _________, the Public Hearing is terminated.
MOTION __________ SECOND __________
BUSINESS ITEMS
There are no business items.
4 PUBLIC COMMENT Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments regarding Consent Calendar items and other general comments about matters not on the agenda; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meeting. The Council is prohibited by law from discussing or taking immediate action on items during this public comment period.
Persons desiring to submit paperwork to the City Council Members shall provide copy of any paperwork to the City Clerk for the Official Record.
Speakers will be limited to 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
Please state your name and your City of Residence before providing your comment.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.
(2) Minutes - Approval of Minutes for the City Council Regular Meeting Held on April 18, 2023, on file in the Office of the City Clerk.
[Staff Person: Stephanie M. Vargas]
(3) Warrants - Approve voucher numbers 204824 to 204909 dated 03/27/2023 and totaling $80,896.56; voucher numbers 204910 to 205008 dated 03/30/2023 and totaling $771,385.56; voucher numbers 205009 to 205140 dated 04/06/2023 and totaling $5,458,398.65 and a payroll disbursement listing dated 03/04/2023 to 03/17/2023 and totaling $967,788.76.
[Staff Person: Stacey Dabbs]
(4) City Treasurer's Report - Receive and File City Treasurer's Report for January 2023. [Staff Person: Aurelio De La Torre]
(5) Contract Amendment - Mike's Custom Flooring - Approve Contract Amendment No. 2 for Mike's Custom Flooring for the Police Department & Information Services Flooring Project. [Staff Person: Brian Dickinson]
(6) Contract Amendment - Three Peaks Corp - Approve Contract Amendment No. 2 for Three Peaks Corp and Adopt Resolution Amending the Budget for the Downtown Paseo Project, RESOLUTION NO. R-29-23. [Staff Person: Brian Dickinson]
(7) Contract Amendment - United Paving Company - Approve Contract Amendment to United Paving Company for the CDBG Alley Paving Project and Adopt Resolution Approving Budget Amendment, RESOLUTION NO. R-28-23.
[Staff Person: Brian Dickinson]
(8) Contract Award - St. Francis Electric, LLC. - Approve the Award of Maintenance Services Agreement with St. Francis Electric, LLC. for the Traffic Signal Maintenance and Emergency Repair Services for $214,594.91. [Staff Person: Brian Dickinson]
5 MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor and Council on various issues and activities throughout the community. Comments shall be limited to 5 Minutes per speaker.
CITY MANAGER'S REPORTS
ADJOURNMENT
6 I, Stephanie Vargas, the Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted , at least seventy-two (72) hours prior to the meeting per Government Code 54954.2, at the following locations:
City of Colton City Hall 650 N. La Cadena Drive
City of Colton Website, www.coltonca.gov <http://www.coltonca.gov>
PROCEDURES FOR ADDRESSING CITY COUNCIL
For the Official Record, it is requested that you ob tain a card from the City Clerk and complete it by noting a specific item number on the Agenda, if applicable, or you can identify the subject that you wish to address under the Public Comment portion of the Agenda. The City Council encourages public input on all City issues within the Rules of Decorum. Speakers will be limited to the time periods provided on the Agenda; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council M anual of Procedure.
RULES OF DECORUM
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council wi ll strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.
NOTICE TO PUBLIC
Staff reports or other written documentation relating to each item referred to, on the Agenda, are available for public inspection at the following locations: Office of the City Clerk, 650 N. La Cadena Drive, Colton, CA; City of Colton Public Library, 656 9 th St., Colton, CA; or the City of Colton Internet Website, www.coltonca.gov. Any person having questions concerning any item on the Agenda may call the City Clerk at 370 -5191 to make inquiry concerning the nature of the item described on the Agenda. The City Clerk shall direct inquiries to the appropriate office.
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.
7 In compliance with the American with Disabilities Act, if you need special assistance to participate in a City Meeting, please contact the City Clerk’s Office at 909 -370-5001. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
LEGAL CHALLENGES
If you challenge in court any discussion or action taken concerning an item on this Agenda, you may be limited to raising only those issues you or someone else raised during the meeting or in written correspondence delivered to the City at or prior to the City's consideration of the item at the meeting.
MANUAL OF PROCEDURE
The City Council adopted its M anual of Procedure pursuant to Resolution No. R -150-07; Amended by Minute Action on December 2, 2014 and adopted by Resolution No. R -03-15 on January 20, 2015. Copies are available in the Office of the City Clerk.
ITEM NO. 1
STAFF REPORT
DATE: MAY 2, 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 ORDINANCE AUTHORIZING INSTALLATION OF "NO TRUCKS OVER 6,000 LBS." SIGNS, ORDINANCE O-04-23.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve the first reading of the attached Ordinance O -04-23, authorizing installation of truck weight limit signs at various locations throughout the City.
BACKGROUND
The City has received multiple complaints of semi -trailer trucks entering residential areas near or adjacent to commercial/industrial zones. City Public Works and Engineering staff have looked into these complaints.
Staff compiled a list of locations for review and brought it forth to the Traffic Safety Committee at the February 08, 2023 meeting. At the March 8, 2023 meeting, the Traffic Safety Committee recommended for approval a list of locations/str eet intersections where truck weight limit signs could be installed. The list included the following locations:
1.1 Packet Pg. 8
Staff Report to the Mayor and City Council
Signage - Truck Weight Limit
May 2, 2023
ISSUES/ANALYSIS
In accordance with the California Vehicle Code (CVC) section 35700 (a) the legislative body of any county or city may by o rdinance permit the operation and moving of vehicles and loads upon highways under their respective jurisdictions of a maximum gross weight in excess of the maximum gross weight of vehicles and loads specified in this code.
In accordance with the Califor nia Manual on Uniform Traffic Control Devices (MUTCD), “The No Trucks (R-5) signs is used together with a Truck Exclusion plaque (R20D(CA) Series).” The type of traffic truck weight limit signs recommended by the Traffic Safety Committee is a combination of the R5-2 and R20D-1(CA) signs. See attached exhibit.
FISCAL IMPACTS
Adoption of the Ordinance will provide the City compliance with the MUTCD and CVC while enforcing truck weight limit restrictions on residential areas. The cost of these installing t hese signs is available in the adopted FY2023-23 budget in the Streets Maintenance Division budget.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A
2. Ordinance No. O-04-23
1.1 Packet Pg. 9
Exhibit “A”
Truck Weight Limit (3 Tons) Dual Traffic Signs
(R5-2)
1.1.a
Packet Pg. 10
Attachment: Exhibit A (4006 : Signage - Truck Weight Limit)
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ORDINANCE NO. O-04-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF C OLTON AMENDING SECTION 10.04.109 OF THE COLTON MUNICIPAL CODE TO INCLUDE TRUCK
WEIGHT LIMIT SIGNS ON VARIOUS CITY STREETS
WHEREAS, the City Council of the City of Colton (“City”) desires to improve the safety of the streets and traffic circulation within City jurisdiction; and
WHEREAS, the California Vehicle Code (“CVC”) requires that the legislative body of any county or city may by ordinance permit the operation and moving of ve hicles and loads upon highways under their respective jurisdictions of a maximum gross weight in excess of the maximum gross weight of vehicles and loads specified in this code; and
WHEREAS, the California Manual on Uniform Traffic Control Devices (“MUTCD”), the No Trucks (R-5) signs is used together with a Truck Exclusion plaque (R20D(CA) Series); and
WHEREAS, on the March 08, 2023 meeting, the City Traffic Safety Committee reviewed and recommended for approval a list of locations/street intersections where truck weight limit signs could be installed; and
NOW, THEREFORE BE IT RESOLVED , DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF COLTON, AS FOLLOWS:
Section 1 Section 10.04.109 of the Colton Municipal Code is hereby amended to add subsection (c) as follows:
Chapter 10.04 – UNIFORM TRAFFIC ORDINANCE
10.04.109 - Section 12.4 of Article XII amended–Commercial Vehicles prohibited from using certain Streets.
Article XII, Section 12.4 of the Uniform Traffic Ordinance is amended to read as follows:
Section 12.4 Commercial Vehicles prohibited from using certain Streets.
(a)…
(b)…
(c) Establishing valid posted combination of R5-2 and R20D-1(CA) signs on the following street intersections:
1. Johnston Avenue at Pennsylvania Avenue, facing westbound traffic
2. Citrus Street at Pennsylvania Avenue, facing westbound traffic
3. Laurel Street at Pennsylvania Avenue, facing westbound traffic
4. Olive Street at Pennsylvania Avenue, facing westbound traffic
5. Johnston Avenue at Rancho Avenue, facing eastbound traffic
6. Citrus Street at Rancho Avenue, facing eastbound traffic
7. Laurel Street at Rancho Avenue, facing eastbound traffic
8. Olive Street at Rancho Avenue, facing eastbound traffic
9. Hert Street at Rancho Avenue, facing westbound traffic
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Attachment: Ordinance No. O-04-23 (4006 : Signage - Truck Weight Limit)
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10. Fifth (5th) Street at Fogg Street, facing northbound traffic
11. Agua Mansa Road at Rancho Avenue, facing eastbound traffic
12. Fairview Avenue at Colton Avenue, facing northwest traffic
13. Rancho Avenue at Mill Street, facing southbound traffic
14. Rancho Avenue at Valley Boulevard, facing northbound traffic
SECTION 2: If any provisions of this Ordinance or application thereof to any person or circumstances is held invalid, this invalidity shall not af fect other applications of this Ordinance which can be given effect w ithout the invalid provision or applications, and to this end, the provisions of this Ordinance are declared to be severable. This Ordinance shall be liberally construed to achieve the purposes of this Ordinance and to preserve its validity.
SECTION 3: The City Clerk shall certify to the passage of this Ordinance and cause same or a summary thereof to be published within fifteen (15) days after adoption in a newspaper of general circulation, printed and published in Colton, California and the Ordinance shall take effect thirty (30) days after its enactment in accordance with the provisions of California law.
PASSED, APPROVED AND ADOPTED THIS 18th DAY OF APRIL 2023.
____________________________
FRANK J. NAVARRO
Mayor
ATTEST:
_____________________________
STEPHANIE VARGAS
Deputy City Clerk
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Attachment: Ordinance No. O-04-23 (4006 : Signage - Truck Weight Limit)
ITEM NO. 2
STAFF REPORT
DATE: MAY 2, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, DEPUTY CITY CLERK
SUBJECT: APPROVAL OF MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD ON APRIL 18, 2023, ON FILE IN THE OFFICE OF THE CITY CLERK.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approval of Minutes for the City Council Regular Meeting Held on April 18, 2023.
BACKGROUND
Minutes for the City Council Regular Meeting Held on April 18, 2023.
FISCAL IMPACTS
None
ATTACHMENT
1. 04-18-2023 Draft Minutes
2 Packet Pg. 13
2023 March 07 CC/CUA/CPFA/CHA MEETING 1 -
CITY COUNCIL/COLTON UTILITY AUTHORITY/
COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY
REGULAR MEETING MINUTES
April 18, 2023
Closed Session Meeting held on the above given date at 5:00 p.m., in the Council Chamber of City Hall, with Mayor Navarro presiding.
CITY COUNCIL ROLL CALL
Councilmembers present were Toro, Chastain, González, Echevarria, and Mayor Navarro.
STAFF PRESENT
City Manager Smith, City Attorney Campos, and Deputy City Clerk Vargas
PUBLIC COMMENT
None
CLOSED SESSION
City Attorney Campos announced the City Council would meet in Closed Session to Discuss Items A.
A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
City of Colton v. Inland Memorial, Inc.
San Bernardino Superior Court, Case No.CIVSB2300169
Mayor Navarro adjourned the meeting to Closed Session at 5:01 p.m. and at 6:00 p.m. the meeting reconvened, with all members present heretofore.
City Attorney Reports/Reportable Action
City Attorney Campos ann ounced that the City Council did meet in Closed Session and discussed Item A and Direction was given but there was no reportable action.
CITY COUNCIL/COLTON UTILITY AUTHORITY/
COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY
REGULAR MEETING MINUTES
April 18, 2023
Regular Meeting held on the above -given date at 6 :00 p.m. in the Council Chamber of City Hall, with Mayor Navarro presiding.
INVOCATION: Pastor Eric Strutz- The Door Church
FLAG SALUTE: Fire Marshal Ray Bruno
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Attachment: 04-18-2023 Draft Minutes (3942 : Draft Minutes 04-18-23) 2023 March 07 CC/CUA/CPFA/CHA MEETING 2 -
CITY COUNCIL ROLL CALL
Council Members Present Staff Present
Frank J. Navarro, Mayor William R. Smith, City Manager David J. Toro Carlos Campos, City Attorney
Kelly J. Chastain Stephanie M. Vargas, Deputy City Clerk Dr. Luis S. González
John R. Echevarria
Council Members Absent
None
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
Business Recognition - J&F Auto Repair
CM González presented a Certificate of recognition to J&F Auto Repair; accepted by business owner Jose Guzman.
Recognition - Colton Rotary Club Speech Contest Participants CM Echevarria presented each participant of the Colton Rotary Club Speech Contest with a Certificate of Recognition on behalf of the City of Colton City Council.
First Place:
Andrew Diaz
Second Place:
Angela Santana
Third Place:
Mathew Duran
Participants:
Rosario Ornelas
Nicole Valadez
Matthew Duran
Melanie Franco
Natalie Diaz
Jennifer Puga
Maricio Apadaca
Juliette Echauregui
Andrew Diaz
Santiago Benitez
Mia Zamora
Joany Moreno-Gomez
Jasmine Rodriguez
Kia Pacheco
Angela Santana
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Attachment: 04-18-2023 Draft Minutes (3942 : Draft Minutes 04-18-23) 2023 March 07 CC/CUA/CPFA/CHA MEETING 3 -
MAYOR AND COUNCIL ITEMS
POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF April 18, 2023.
GIFT DISCLOSURES
Mayor Navarro asked the members present if there were any agenda items that were a conflict of interest pursuant to CMC Section 2.04.030. None disclosed.
AB 1234 ORAL REPORTS
Mayor Navarro asked the members present if there were any brief reports on meetings attended at the expense of the City. (GC Section 53232.3(d). None disclosed.
APPOINTMENTS
None.
PUBLIC HEARINGS
Fee Update - Community Services Department Fees
TIME AND PLACE FIXED TO CONSIDER A PUBL IC HEARING TO APPROVE AND ADOPT A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON UPDATING THE MASTER FEE
SCHEDULE FOR SERVICES PERFORMED BY THE COMMUNITY SERVICES DEPARTMENT, RESOLUTION NO. R-25-23.
Mayor Navarro declared the Public Hearing open.
The Deputy City Clerk Vargas submitted the Notice of Public Hearing (on file in the City Clerk’s Office) and there were no reports of protests or objections thereto.
Staff Presentation
Recreation Services Manager, Heidi Strutz presented for Council an overview of the agenda item and requested approval of staff’s recommendation.
Public Comment
None
Motion and Second by CM González/MPT Toro to close the public hearing.
Vote: Unanimous
Council Discussion
Discernment and discussion between Mayor and Councilmembers present, with clarification provide by staff:
Recreation Services Manager Heidi Strutz
Motion and Second by MPT Toro/ CM Echevarria to Approve and Adopt Resolution No. R-25-23.
BUSINESS ITEMS
None
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Attachment: 04-18-2023 Draft Minutes (3942 : Draft Minutes 04-18-23) 2023 March 07 CC/CUA/CPFA/CHA MEETING 4 -
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PUBLIC COMMENT
The following community members addressed the Council: John Longfield and Pam Lemos.
CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 2 through 13.
Motion and Second by CM González / CM Chastain to approve consent calendar Items 2 through 13.
CM Chastain selected Item 10 for discussion and requested clarification from staff.
Vote: Unanimous, Motion Passes.
(2) Minutes - Approval of Minutes for the City Council Regular Meetings Held on March 21, 2023 & April 04, 2023, on file in the Office of the City Clerk.
(3) Warrants - Approve US Bank voucher dated 02/22/2023 and totaling $31,717.90; voucher numbers 204588 to 204712 dated 03/16/2023 and totaling $2,055,349.47; voucher numbers 204713 to 204823 dated 03/23/2023 and totaling $835,080.14 and a payroll disbursement listing dated 02/18/2023 to 03/03/2023 and totaling $912,784.83.
(4) Agreement - Blais & Associates - Approve a Professional Services Agreement with Blais & Associates Grant Writing Services for Completion of California Governor's Office of Emergency Services Hazard Mitigation Grant Program Notice of Intent.
(5) Contract Award - Corona Coatings Corp. - Award Construction Contract to Corona Coatings Corp. for the FY2022-23 Citywide Roof Repair Project.
(6) Contract Award - GovInvest - Enter into a Master Software as a Service (SaaS) Services Agreement with GovInvest, Inc. for Labor Costing and Compensation Benchmarking Software Modules.
(7) Grant - 2019 Justice Assistance Grant - Approve City Manager Authority to Accept 2019 Justice Assistance Grant Award (JAG) and its Accompanying Interlocal Agreement, Approve Resolution, and Purchase of Nine (9) Bolawrap Devices, Holsters, and Cartridges, RESOLUTION NO. R-21-23.
(8) Grant - 2020 Justice Assistance Grant - Approve City Manager Authority to Accept 2020 Justice Assistance Grant Award (JAG) and its Accompanying Interlocal Agreement, Approve Resolution, and Purchase of Two Portable Honda Generators and Related Equipment, RESOLUTION NO. R-22-23.
(9) Grant - 2021 Justice Assistance Grant - Approve City Manager Authority to Accept 2021 Justice Assistance Grant Award (JAG) and its Accompanying Interlocal Agreement, Approve Resolution, and Purchase of One Enclosed Vehicle Trailer, RESOLUTION NO. R-23-23.
(10) Grant - CA State Parks & Recreation - Approve and Adopt a Resolution Approving Application for Statewide Park Specified Local Grant Funds for the Colton Sports Complex Development and Luque
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Attachment: 04-18-2023 Draft Minutes (3942 : Draft Minutes 04-18-23) 2023 March 07 CC/CUA/CPFA/CHA MEETING 5 -
Center Improvements and Amend the FY 2022-2023 Budget to Accept Grant Funds, RESOLUTION NO. R-31-23.
(11) Grant - Land & Water Conservation Fund - Approve Resolution to Authorize Application to Land and Water Conservation Fund for Chavez Park Renovation and Approve Professional Services Agreement for Blais & Associates for Grant Writing Services, RESOLUTION NO. R-32-23.
(12) Purchase - Haaker Equipment Company - Approve and Adopt Resolution to Purchase a Trailer Mounted Vactor Unit for the Storm Water Division of the Public Works and Utility Services Department, RESOLUTION NO. R-27-23.
(13) Second Reading of Ordinance No. O-03-23 - Waive Full Reading, Read By Title Only and Approve Second Reading of an Ordinance of the City Council of the City of Colton, California, to Amend, Repeal and Replace Title 16 Subdivision Ordinance of the City of Colton Municipal Code Including Urban Lot Splits and Two-Unit Projects to Implement Laws Enacted by SB 9 and Determining the Ordinance to be Exempt From CEQA. (File Index No. Dap-001-723), ORDINANCE NO. O-03-23.
MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor, Council and City Treasurer on various issues and activities throughout the community.
CITY MANAGER'S REPORTS
None
ADJOURNMENT
At 6:55 p.m.. Mayor Navarro adjourned the Regular Council Meeting.
_________________________________
Stephanie M. Vargas
Deputy City Clerk
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Attachment: 04-18-2023 Draft Minutes (3942 : Draft Minutes 04-18-23)
ITEM NO. 3
STAFF REPORT
DATE: MAY 2, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE VOUCHER NUMBERS 204824 TO 204909 DATED 03/27/2023 AND TOTALING $80,896.56; VOUCHER NUMBERS
204910 TO 205008 DATED 03/30/2023 AND TOTALING $771,385.56; VOUCHER NUMBERS 205009 TO 205140 DATED 04/06/2023 AND
TOTALING $5,458,398.65 AND A PAYROLL DISBURSEMENT
LISTING DATED 03/04/2023 TO 03/17/2023 AND TOTALING
$967,788.76.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve voucher numbers 204824 to 204909 dated 03/27/2023 and totaling $80,896.56; voucher numbers 204910 to 205008 dated 03/30/2023 and totaling $771,385.56; voucher numbers 205009 to 205140 dated 04/06/2023 and totaling $5,458,398.65 and a payroll disbursement listing dated 03/04/2023 to 03/17/2023 and totaling $967,788.76.
BACKGROUND
The California Government Code requires that the legislative body ratify all vouchers is sued in the course of conducting City business.
ISSUES/ANALYSIS
All vouchers and related backup documentation have been reviewed by the City Treasurer.
FISCAL IMPACTS
None.
3 Packet Pg. 19
Staff Report to the Mayor and City Council
Warrants - Accounts Payable
May 2, 2023
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Fund Number and Title Legend
2. Voucher lists
3. Payroll Registers
3 Packet Pg. 20
City of Colton
Fund Number and Title Legend
Fund Title Fund Title
100 GENERAL FUND 701 LLMD #2
150 TREASURERS ACCOUNT GROUP 702 LLMD #1
206 COMMUN ITY CHILD CARE 703 CFO 87-1 DEBT SERV ICE
209 DSF FLY CONSERVATION 704 CFO 87-1 CONSTRUCT ION
210 SPECIAL GAS TAX 707 CFO 88-1 DEBT SERV ICE
211 LIBRARY GRANT FUND 708 CFO 88-1 CONSTRUCTION
212 STATE TRAFFIC RELIEF FUND 709 DSF FLY CONSERVATION
213 S.Y.E.T .P. GRANT 722 STORM WATER
214 POLLUT ION REDUCT ION FUND 733 CFO 89-1 CONSTRUCT ION 215 COMMUNITY DEV ACT FUND 734 CFO 89-2 CONSTRUCT ION
216 CDBG HOUS ING REHAB FUND 744 CFO 89-1 DEBT SERV ICE 217 DRUG/GANG INTERVENTION 745 CFO 89-2 DEBT SERV ICE
218 MEASURE I FUND 750 AQUA MANSA CFO
219 STATE AID- CAPITAL PROJECTS 754 SB COUNTY HOSPITAL
220 Vi Tep 762 TRUST AND AGENCY
225 MISC GRANTS 766 DEFERRED COMPENSAT ION
240 HOST CITY FEES - CIP 781 CFO 90-1 DEBT SERVICE
247 Quimby In Lieu Fees 782 CFO 90-1 CONSTRUCT ION
248 PARK DEVELOPMENT FUND 850 Redeve lopment Obligation Retirement Fund 249 TRAFF IC IMPACT FUND 851 Successor Agency Administration 250 NEW FAC ILITIES DEVELOPMENT FEE 855 Hous ing Auth - RM PARK DEVELOPMENT 251 CIVIC CENTER DEVELOPMENT FEE 856 Housing Auth - RANCHO MED BOND PROCEEDS 252 FIRE FAC ILITY DEVELOPMENT FEE 857 LMI Asset Fund
253 POLICE FACILITY DEVELOPMENT FEE 864 Housing Auth - LOW/MOD BOND PROCEEDS 261 ASSET FORFEITURE 865 Housing Auth - RANCHO MED CHFA 326 AD 94-1 DEBT SERVICE 866 ECONOM IC DEVELOPMENT
332 1971 SEWER BONDS, A & C 867 Consolidation Proj_08 -09 350 PFA Debt Fund 870 Housing Auth - RM PARK OPERAT IONS 357 POB-Non Enterprise 871 Successor Agcy-RANCHO/M ILL PROJECT AREA 358 PENS ION OBLIGATION DEBT SERV ICE 872 Succe ssor Agcy-RANCHO/MILL DEBT SERV ICE 359 CORP YARD DEBT SERV ICE 873 Successor Agcy-RDA II PROJECT FUND 363 1978-2 ASSESSMENT DIST . 874 Housing Auth - LOW/MOD DEBT SERV ICE 364 WATER IMPRVMNT DIST A 875 Housing Auth - LOW/MOD BOND PROCEEDS 379 AD 1979-1 DEBT SERV ICE 876 Successor Agcy-SANTA ANA RIV BND PROCEED 427 AD 94-1 CONSTRUCT ION 877 Successor Agcy-SANTA ANA RIVER CIP 450 Capita l Improvement Project s 878 RDA FIXED ASSETS GROUP 451 Colton Crossing Fund 879 Successor Agcy-WEST VALLEY CIP 453 STREET IMPROVEMENTS PRGM 881 Successor Agcy-MT VERNON BOND PROCEEDS 457 CAP ITAL IMPROVEMENT 882 Successo r Agcy-MT VERNON CIP 469 EQU IPMENT REPLACEMENT 885 Successor Agcy -MT VERNON DEBT SERV ICE 520 ELECTR IC UTILITY 886 RDA ADM INISTRAT ION
521 WATER UTILITY 887 COOLEY RANCH - now 894
522 WAS TEWATER UTILITY 888 MT VERNON - now 882
523 SOLID WASTE 889 WEST VALLEY - now 879
524 CEMETERY 890 Successor Agcy-RDA - LONG TERM DEBT GRP 525 RECYCLING 891 Successo r Agcy-RDA I DEBT SERV ICE FUND 526 PUBLIC BENEFIT FUND 892 Successor Agcy-RDA I - CAP ITAL PROJECTS 527 WASTEWATER UTILITY - GRAND TERRACE 893 Successor Agcy -RDA II DEBT SERV ICE FUND 551 WATER DEVELOPMENT 894 Successor Agcy -COOLEY RANCH PRO JECT 552 SEWER DEVELOPMENT 895 Successor Agcy-COOLEY RANCH DEBT SERV 560 CEMETARY ENDOWMENT CARE 896 SANTA ANA RIVER - now 877 605 Facility & Equipment Maintenance Fund 897 Successor Agcy-SANTA ANA RIVER DEBT SVC 606 INFORMATION SERV ICES FUND 898 Housing Auth - LOW/MOD CAPITAL PROJECTS 607 INSURANCE FUND 899 Successor Agcy-WEST VALLEY PRJ - DBT SV 608 AUTOMOT IVE SHOP 941 GENERAL LONG -TERM DEBT
610 AUTOMOT IVE SHOPS 958 GENERAL FIXED ASSETS
990 GASB 34
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ITEM NO. 4
STAFF REPORT
DATE: MAY 2, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: AURELIO DE LA TORRE, CITY TREASURER
SUBJECT: RECEIVE AND FILE CITY TREASURER'S REPORT FOR JANUARY 2023.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Receive and File City Treasurer's Report for January 2023.
ATTACHMENT
1. Treasurer's report January 2023
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ITEM NO. 5
STAFF REPORT
DATE: MAY 2, 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 CONTRACT AMENDMENT NO. 2 FOR MIKE'S CUSTOM
FLOORING FOR THE POLICE DEPARTMENT & INFORMATION
SERVICES FLOORING PROJECT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve Change Order No. 2 for the PD & IS Flooring Project in the am ount of $7,820.94 and authorize the City Manager to execute Change Order No. 2 (Exhibit A).
BACKGROUND
The existing floor at the Colton Police Department was installed over 20 years ago. Information Systems Carpet Squares were installed over 15 years ago. Flooring at both departments is in bad shape and poses a safety risk in some areas. The existing flooring is subject to heavy use by City employees and in need of replacement. Staff is recommending a vinyl laminate flooring system throughout the area that can handle the heavy use (foot traffic) and has a life span of 25 years.
On March 1, 2022 Mike’s Custom Flooring Inc. was awarded the contract in the amount of $59,237.57 to replace the flooring throughout the Colton Police Department an d Information Systems Division . On April 12, 2022 during the pre -construction meeting, the need was determined for moisture testing and mitigation work for the proper installation of the flooring.
Mitigation work includes the use of a special adhesive to protect the new flooring from m oisture.
The Change Order includes testing, mitigation work and additional flooring installation in the Police Department Briefing Room. Change Order No. 1 in the amount of $19,882.74 was approved on June 7, 2022, for a new contract total of $79,120.31.
5 Packet Pg. 101
Staff Report to the Mayor and City Council
Contract Amendment - Mike's Custom Flooring
May 2, 2023
As construction progressed, we determined that the flooring in the dispatch room is required to be ESD Tile or Electrostatic Discharge Tile necessary to protect the sensitive emergency 911 equipment provided by the State. This type of tile is used to ensure any persons walking into the dispatch room do not carry electricity on their body and inadvertently cause damage to the equipment.
In addition when demolition was completed in the detective area open space and offices is was determined that the floor w as uneven and leveling was necessary prior to installation of the new flooring. Change Order No. 2 covers the cost for the above-mentioned items.
ISSUES/ANALYSIS
In light of this, the contractor submitted Change Order No. 2 for $7,820.94 the breakdown i s shown in exhibit “A” (Change Order No. 2). Change Order No. 2 reflects a 13% increase in the total contract amount. Once Change Order No. 2 is approved, the New Contract amount will be a total $86,941.25
FISCAL IMPACTS
Sufficient appropriations for Change Order No. 2 are available in the adopted FY2022-23 budget in Building Maintenance Fund Capital Outlay Building Account No. 605-6150-6211-4950-0000- 000.
ALTERNATIVES
1. Provide direction to staff.
ATTACHMENT
1. Exhibit A Change Order No. 2 _ 18 April 2023
5 Packet Pg. 102
DATE:
FROM: Ed C. Vasquez
TO:
INSTRUCTIONS TO THE CONTRACTOR AT THE REQUEST OF THE PROJECT MANAGER:
This change is required in order to comply with state requirements for 911 service equipment protection I. INCREASED QUANTITY
Item No. Description of Work Quantity Unit Unit Cost Total Cost 1 1.00 LS 3,965.47$ = 3,965.47$
2 1.00 LS 1,095.94$ 1,095.94$
3 1,892.00 SF 0.84$ 1,589.28$
4 1.00 LS 750.26$ 750.26$
5 1.00 LS 419.99$ 419.99$
LS -$
LS -$
-$
-$
-$
-$
TOTAL = 7,820.94$
II. DECREASED QUANTITY
Item No. Description of Work Quantity Unit Unit Cost Total Cost 1 LS -$
SUB-TOTAL = -$
TOTAL AMOUNT OF CHANGE ORDER No.2 = 7,820.94$
III. CONTRACT AMOUNT RECONCILLATION
ORIGINAL AMOUNT OF CONTRACT = 59,237.57$
CHANGE ORDER NO. 1 19,882.74$
CHANGE ORDER NO. 2 = 7,820.94$
TOTAL COST OF CONTRACT AS PER CHANGE ORDER NO. 2 = 86,941.25$ additional RH testing
Apply patch ands Level Detectives Area
Grind High Spots, Chisel Detectives Office area
Brian A. Dickinson, Public Works/Utilitity Services Director DATE Michael Lujan, Mike's Custom Flooring 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
CITY OF COLTON
April 18, 2023
CONTRACT CHANGE ORDER NO. 2
The amount of the contract will be increased by the sum of $7,820.94 (13% of the contract amount) and contract time shall be extended by 0 calendar days.
The undersigned Contractor approves the foregoing Change Order # 2 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 # 2. 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. 12X12 Esd Conductive Tile Steel grey color
Colton PD and IS Flooring
PUBLIC WORKS DEPARTMENT- ENGINEERING SECTION
Mike's Custom Flooring Inc.
1351 Park Ave, Suite 102
Redlands CA 92373
888 Patch 50 Bags
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Attachment: Exhibit A Change Order No. 2 _ 18 April 2023 (4020 : Contract Amendment - Mike's Custom Flooring)
ITEM NO. 6
STAFF REPORT
DATE: MAY 2, 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 CONTRACT AMENDMENT NO. 2 FOR THREE PEAKS
CORP AND ADOPT RESOLUTION AMENDING THE BUDGET FOR
THE DOWNTOWN PASEO PROJECT, RESOLUTION NO. R-29-23.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve Resolution R -29-23 (Exhibit A ) to amend the Fiscal Year 2022-23 budget, to appropriate $67,208.70 in the Non Departmental expenditure account number.
2. Approve Change Order No. 2 for the Downtown Paseo Renovation Project for $67,208.70 and authorized the City Manager to execute Change Order No. 2 (Exhibit B).
BACKGROUND
The City of Colton received a SB 848 Grant from the California Natural Resources Agency ($600,000) to redevelop and enhance a pedestrian walkway in the City’s downtown area (“Downtown Pedestrian Paseo”). The City’s Downtown Design Manual, adopte d in August 2016, identified two pedestrian paseos, of which this is the first segment to receive grant funding.
The project is an approximately 484 feet long and 20 feet wide alley, extending from La Cadena Drive on the east , to 7th Street on the west. The walkway has become extremely blighted over the past several years, with trash accumulation, homeless camping, graffiti and crime being ongoing concerns. The intent of this improvement project is to create a safe and inviting pedestrian path in the hea rt of downtown, develop a new community event/gathering space, and foster exterior upgrades to the surrounding businesses. The project scope of work include s 6 Packet Pg. 104
Staff Report to the Mayor and City Council
Contract Amendment - Three Peaks Corp
May 2, 2023
concrete, landscaping, lighting, shade structures, entry monuments, sitting areas and other amenities.
ISSUES/ANALYSIS
On June 21, 2022 City Council authorized the award of contract to Three Peaks Corp. in the amount of $496,988.50 for Phase 1 of the project which included improvements to half of the alley roughly 200 linear feed (LF) by 20 feet wide. The original project scope includes removal of building over hangs from three buildings, removal and replacement of all hardscape across the entire alley. Installation of new “Downtown Paseo” Entry Monument Signs, installation of overhead string lighting, landscape & irrigation, electrical work, drainage work, and center court shade structure. With the adjustment made to the scope of work, we were able to complete work across the entire length of the alley and provide room for future improvements.
The work for the project commenced in September 2022. During the last fiscal year midyear budget process, additional funds became available for the completion of Phase 2 of the project.
Phase 2 includes 200 LF by 20 feet of alley, decorative fencing, hardsca pe/concrete works, and landscape. In December 2022, a request for change order no. 1 was prepared and negotiated with the contractor based on the needs of the City. All Items under change order No. 1 were initially bid for under the “Optional Bid Items” section of the Bid List. All potential contractors were made aware by Addendum No. 3 and via a pre -bid meeting that if the City was able obtain additional funding; some or all of the “Optional bid items” would be added to the contract.
Under these provisi ons, Change Order No. 1 in the amount of $181,546.50 was approved on February 07, 2023.
As construction progressed it was later determined that additional items would be needed in order to provide a safety barrier between the proposed decorative iron fenc e and an existing driveway. It was also determined that additional resources are required to provide the structural stability future improvements. Structural items include upsize of 2” post to 4” posts that can handle heavier loads. Additional concrete work is also needed in an easement area not previously planned for. The items and unit cost listed on Exhibit B / Change Order No. 2 are necessary to complete the project and provide the needed infrastructure for future improvements to the area. These items were negotiated with the current contractor and the current change order reflects the agreed on pricing.
FISCAL IMPACTS
Staff is requesting the cost of Change Order No. 2 be funded with Local Fiscal Recovery Funds (ARPA). The project meets the crit eria for eligibility and the project is one -time in nature.
Adoption of Resolution R-29-23 will amend the FY2022-23 budget to appropriate $67,208.70 in Local Fiscal Recovery Fund Capital Improvement Account Number 219 -2332-1000-3890-0000- 000 and allocate the ARPA Funds to complete Change Order No. 2 for the Downtown Paseo Project. Sufficient unprogrammed funds and reserve balance are available for this request. 6 Packet Pg. 105
Staff Report to the Mayor and City Council
Contract Amendment - Three Peaks Corp
May 2, 2023
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit B C.O. No. 2 - Downtown Paseo 02 May 2023
2. 2. Exhibit A - Resolution R-29-23
6 Packet Pg. 106
DATE:
FROM: Ed C. Vasquez
TO:
INSTRUCTIONS TO THE CONTRACTOR AT THE REQUEST OF THE PROJECT MANAGER:
Change order No. 2 at the request of the City Sa fety Items, decorative concrete, add missing area I. INCREASED QUANTITY
Item No. Description of Work Quantity Unit Unit Cost Total Cost 1 700.00 SF 4.00 $ = 2,800.00$
2 700.00 sf 13.60 $ 9,520.00 $
3 8,804.50 SF 2.60 $ 22,891.70$
4 19.00 EA. 350.00 $ 6,650.00 $
5 1.00 LF 15,347.00 $ 15,347.00 $
6 1.00 SF 10,000.00 $ 10,000.00 $
7 -$ - $
8 -$ - $
9 -$
10 -$ - $
11 -$ - $
TOTAL = 67,208.70$
II. DECREASED QUANTITY
Item No. Description of Work Quantity Unit Unit Cost Total Cost SUB-TOTAL = -$
TOTAL AMOUNT OF CHANGE ORDER #2 = 67,208.70$
III. CONTRACT AMOUNT RECONCILLATION
ORIGINAL AMOUNT OF CONTRACT = 496,988.50$
CHANGE ORDER NO.1 = 181,546.50$
CHANGE ORDER NO. 2 67,208.70$
TOTAL COST OF CONTRACT AS PER CHANGE ORDER NO. 1 & 2 = 745,743.70$ Upsize String Light post to 4"
Contingency Increase to Line Item 11
Concrete added Cost Top Cast Finiah
Bollards 48" above grade X 36" below grade x 4" Dia x 3' Apart Brian A. Dickinson, Public Works/Utilitity Services Director DATE Erik Simmons, Three Peaks Corp. DATE
Execution of this Change Order by the Contractor cons titutes a binding accord and satisfaction that fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in Contract, law or equi ty, arising out of or related to the subject of the change order, whether known or unknown, including but not limited to dire ct and indirect costs and/or damages for delay, dis ruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages.
William R. Smith, City Manager DATE
CITY OF COLTON
January 4, 2023
CONTRACT CHANGE ORDER NO. 2
The amount of the contract will be increased by the sum of $67,208.70 (9.9% of the contract amount) and contract time shall be extended by 0 calendar days. The undersigned Contractor approves the foregoing Change Order # 2 as to the changes, if any, in the contract price specified for each item including any and all supervision co sts 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 appr oved time extension, r equired to complete the Change Order items. This document will become a supplement of the contra ct and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner.
Concrete Removal Easement Area
Downtown Paseo Improvement Project
PUBLIC WORKS DEPARTMENT- ENGINEERING SECTION
Erik Simmons, Three Peaks Corp.
P.O. Box 101
CAlimesa, CA 92320
New Conrete Easement Area + Top Cast Finsih
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Attachment: Exhibit B C.O. No. 2 - Downtown Paseo 02 May 2023 (4019 : Contract Amendment - Three Peaks Corp) 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
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- 1 -
RESOLUTION NO. R-29-23
A RESOLUTION OF THE CITY COUNCIL, AMENDING THE FISCAL YEAR 2022/2023 BUDGET TO INCREASE APPROPRIATIONS IN THE LOCAL
FISCAL RECOVERY FUND CAPITAL IMPROVEMENT EXPEDITURE
ACCOUNT BY $67,208.70.
WHEREAS, the budget for fiscal year 2022-2023 has been approved by City Council, and must now be amended to increase the Local Fiscal Recovery Fund Capital Improvement expenditure account by $67,208.70; and,
WHEREAS, t he funding will be utilized to support the City’s goal to improve the City’s Downtown Paseo infrastructure;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 2. The City Council hereby amends the Fiscal Year 2022-2023 budget as follows:
• Increase appropriations from reserve balance in Local Fiscal Recovery Fund Capital Improvement Account Number 219-2332-1000-3890-0000-000 by $67,208.70 to complete Change Order No.2 for the Downtown Paseo Project.
PASSED, ADOPTED AND APPROVED THIS 2ND DAY OF MAY, 2023. ________________________________
FRANK J. NAVARRO, MAYOR
ATTEST:
____________________________________________
STEPHANIE VARGAS, DEPUTY CITY CLERK
Section 1. The City Council hereby attests that the Downtown Paseo Project meets the criteria for eligibility for expenditure of Local Fiscal Recovery Funds.
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Attachment: 2. Exhibit A - Resolution R-29-23 (4019 : Contract Amendment - Three Peaks Corp)
ITEM NO. 7
STAFF REPORT
DATE: MAY 2, 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 CONTRACT AMENDMENT TO UNITED PAVING
COMPANY FOR THE CDBG ALLEY PAVING PROJECT AND
ADOPT RESOLUTION APPROVING BUDGET AMENDMENT,
RESOLUTION NO. R-28-23.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve resolution R -28-23, which will amend the fiscal y ear 2022 -2023 budget, increasing the CDBG expenditure account by $23,231.20.
2. Approve Change Order No. 1 for the FY 21-22 CDBG COLT -20-1-03K/0178 Alley Rehab Project in the amount of $23,231.20 and authorize the City Manager to execute Change Order No. 1.
BACKGROUND
On February 4, 2020, the City Council adopted Resolution No. R -08-20, approving the final prioritized list of CDBG projects for FY 20 -21 including the CDBG COLT -19-1-03K/0160– Street Improvements, Alley Paving from 7th Street to La Cadena Drive between Hanna Street and B Street; Laurel Avenue to Hillcrest between Hanna Street and Fairview Street, 2 nd to 4 th between E Street and F street; 5 th Street between K Street, and L Street; 4 th to 5th Street between M Street and N Street.
As part of t he City’s streets maintenance efforts , the list of alleys under this project were determined to be higher priority for repair and replacement. Restoring function to these alleys will provide better accessibility for services the City provides to its resid ents including trash 7 Packet Pg. 109
Staff Report to the Mayor and City Council
Contract Amendment - United Paving Company
May 2, 2023
pick-up and emergency services when needed. On January 14, 2022, the City’s Engineering Staff Consultant completed the design and specification for the FY 21-22 CDBG-COLT-20-1- 03K0178 Alley Rehab Project.
ISSUES/ANALYSIS
On June 21, 2022 the City Council authorized the award of a contract to United Paving Company in the amount of $340,443.00 to install Alley Paving and necessary Street Improvements to meet ADA Requirements at various locations throughout the City. (Alley Paving from 7th Street to La Cadena Drive between Hanna Street and B Street; Laurel Avenue to Hillcrest between Hanna Street and Fairview Street, 2 nd to 4th between E Street and F street; 5 th Street between K Street, and L Street; 4th).
On November 02, 2022, the Noti ce to Proceed for the project was issued to United Paving Co.
During the construction it was determined that we would need additional concrete work competed in order to meet ADA Standards / Requirements. It was also determined that there were price increases in Asphalt and there would be some cost savings due to certain work no longer needed to be performed.
The contactor submitted cost analysis for Change Order No. 1 that reflects the necessary changes. The total amount of the scope identified is $23,2 31.00 and the breakdown is shown on Exhibit “B”. Change Order No. 1 reflects a 6.8% increase in the total contract amount. Once Change Order No. 1 is approved, the new contract amount for United Paving Co. will be $363,674.20.
FISCAL IMPACTS
An additional appropriation is necessary to cover the cost of Change Order No. 1. Approval of Resolution R-28-23 will amend the FY 2022 -2023 budget to increase revenues by $23,231.20 in CDBG revenue account number 215 -5752-000 and appropriations in the CDBG Capital Improvement expenditure account number 215-2136-6920-3890-0000-000 by $23,231.20.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A Resolution R-28-23
2. Exhibit B - C.O. No. 1 CDBG Alley Rehab 18 April 2023 7 Packet Pg. 110
1 2
3 4
5 6
7 8
9 10
11 12
13 14
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17 18
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27 28
RESOLUTION NO. R-28-23
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 City of Colton received Community Development Block Grant (CDBG) funding through the County of San Bernardino – Department of Community Development and Housing (CDH); and
WHEREAS, the City of Colton received additional funding for CDBG COLT-20-1- 03K/0178 (Citywide Target Area Alley Replacement Project); and WHEREAS, a budget appropriation 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 The City Council authorizes the following amendment for the FY-22/23 budget:
Increase revenues by $23,231.20 in account number 215-5752-000; and, Increase appropriation in account number 215-2136-6920-3890-0000-000 in the amount of $23,231.20; and,
PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF APRIL 2023.
_________________________________
FRANK J. NAVARRO, MAYOR
ATTEST:
__________________________________________
STEPHANIE VARGAS, DEPUTY CITY CLERK
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Attachment: Exhibit A Resolution R-28-23 (3965 : Contract Amendment - United Paving Company) DATE:
FROM: Ed C. Vasquez
TO:
INSTRUCTIONS TO THE CONTRACTOR AT THE REQUEST OF THE PROJECT MANAGER:
Price Increase for Asphalt, Credit for work not perfo rmed, Cost of additional concrete for ADA requirements I. INCREASED QUANTITY
Item No. Description of Work Quantity Unit Unit Cost Total Cost 1 135.00 SF 28.00 $ = 3,780.00$
2 140.00 SF 21.00 $ 2,940.00 $
3 870.00 SF 28.00 $ 24,360.00 $
4 140.00 SF 21.00 $ 2,940.00 $
5 460.00 SF 28.00 $ 12,880.00 $
6 100.00 SF 21.00 $ 2,100.00 $
7 1.00 LS 1,380.00 $ 1,380.00 $
8 1,040.00 TON 4.08 $ 4,243.20 $
9 1,700.00 SF 1.20 $ 2,040.00 $
10 2.00 TON 700.00 $ 1,400.00 $
11 - LF - $ - $
TOTAL = 58,063.20$
II. DECREASED QUANTITY
Item No. Description of Work Quantity Unit Unit Cost Total Cost 1 1.00 LS 2,100.00 $ 2,100.00$
2 4,610.00 SF 1.20 $ 5,532.00$
3 208.00 TON 125.00 $ 26,000.00$
4 6.00 EA 200.00 $ 1,200.00 $
SUB-TOTAL = 34,832.00$
TOTAL AMOUNT OF CHANGE ORDER #1 = 23,231.20$
III. CONTRACT AMOUNT RECONCILLATION
ORIGINAL AMOUNT OF CONTRACT = 340,443.00$
CHANGE ORDER NO.1 = 23,231.20$
TOTAL COST OF CONTRACT AS PER CHANGE ORDER NO. 1 = 363,674.20$ Credit - Alley No. 4 Concrete
CITY OF COLTON
April 18, 2023
CONTRACT CHANGE ORDER NO. 1
The amount of the contract will be increased by the sum of $23,231.20 (6.8% of the contract amount) and contract time shall be extended by 90 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 completi on of the entire work on account of said Change Order # 1 . The Contractor agrees to furnish all labor and material s 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 supplemen to ft h e contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner. 8" Thick Ribbon Gutter (includes Removal / Replacement) Alley 1 Credit - Alley No. 4 Survey
FY 21-22 CDBG COLT-20-1-03K/0178 Alley Rehab
PUBLIC WORKS DEPARTMENT- ENGINEERING SECTION
United Paving Co.
1880 North Delilah St.
Corona CA 92879
4" sidewalk (includes Removal / Replacement) Alley 1
8" Thick Ribbon Gutter (includes Removal / Replacement) Alley 2 4" sidewalk (includes Removal / Replacement) Alley 2
Credit Water Meter Boxes
Brian A. Dickinson, Public Works/Utilitity Services Directo r
8" Thick Ribbon Gutter (includes Removal / Replacement) Alley 3 4" sidewalk (includes Removal / Replacement) Alley 3
Tree Removal Alely 4
Asphalt Material Increase Per ton
Alley AC/Dirt Excess Removal Alley 3
AC Slot Patch
DATE
Sabas Trujillo, United Paving Co. DATE
Execution of this Change Order by the Contractor cons titutes a binding accord and satisf action that fully satisfies, waives, and releases the Owner f rom all claims, demands, costs, and liabilities, in Contra ct, law or equity, arising out of or related to the subject of the change order, whether known or unkn own, including but not limited to direct and indirect cost s and/or damages for delay, disruption, accelera tion, loss of productivity, and stacking of tra des, as well as any and all consequential damages.
William R. Smith, City Manager DATE
Credit - Alley No. 4 Demo / Grading
1 of 1
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Attachment: Exhibit B - C.O. No. 1 CDBG Alley Rehab 18 April 2023 (3965 : Contract Amendment - United Paving Company)
ITEM NO. 8
STAFF REPORT
DATE: MAY 2, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE THE AWARD OF MAINTENANCE SERVICES
AGREEMENT WITH ST. FRANCIS ELECTRIC, LLC. FOR THE
TRAFFIC SIGNAL MAINTENANCE AND EMERGENCY REPAIR
SERVICES FOR $214,594.91.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve the award of Maintenance Services Agreement with St. Francis Electric, LLC for the Traffic Signal Maintenance and Emergency Repair Services for Fiscal Year 2023/2024 for $214,594.91;
2. Authorize the City Manager to execute the Fiscal Year 2023/2024 agreement, and to award and execute extension of three (3) additional years for Fiscal Years 2024/2025, 2025/2026 and 2026/2027 with annual increase based on the yearly Consumer Price Index (CPI) Increase per the State of California Department of Labor.
BACKGROUND
The City operates and maintains fifty -nine (59) traffic signals at various street intersections.
These signals are regularly maintained to ensure safety and proper operation. In addition to the regular maintenance, these traffic signals also require emergency repairs caused by traffic collisions, malfunctioning equipment , and electrical issues. Regular m aintenance includes cleaning the controller cabinets, align ing and cleaning signal heads, check ing signal loops and detectors, checking of communication equipment, and cleaning electrical pull boxes.
ISSUES/ANALYSIS
8 Packet Pg. 113
Staff Report to the Mayor and City Council
Contract Award - St. Francis Electric, LLC.
May 2, 2023
In accordance with Colton Municipal Code (CMC) Section 3.08.060 of the City’s purchasing ordinance, City staff solicited formal bids for the Traffic Signal Maintenance and Emergency Repair Services. The bid for the maintenance con tract was advertised on March 17, 2023 and March 23, 2023. The City received two bids on the April 6, 2023 bid opening. Staff evaluated the bids received and after evaluation, the anticipated annual cost for each bidder to maintain and repair the city traffic signals are as follows:
1. St. Francis Electric, LLC. $214,594.91
2. Yunex Traffic, Inc. $226,982.00
Staff recommends the award of a traffic signal maintenance contract (Exhibit A) to St. Francis Electric, LLC for $214,594.91 for FY 2023/2024. The new contract will start on July 1, 2023.
St. Francis Electric currently provides traffic signal to nineteen Southern California cities , including the neighboring cities of Rialto, Grand Terrace, San Bernardino, and Loma Linda.
The City and the contractor w ill have an option to renew the contract for three (3) additional , one-year terms with annual increase based on the yearly CPI Increase per the State of California Department of Labor as specified in the bid document.
FISCAL IMPACTS
The annual budget includes a request for traffic signal maintenance in General Fund Engineering Division Traffic Signal Maintenance Account Number 100-6150-6151-2460-0000-000.
Sufficient funds for the contract were requested in the FY2023-24 budget.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - Maintenance Services Agreement - St. Francis Electric 8 Packet Pg. 114
(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 3rd day of May, 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 St. Francis Electric, LLC ., a limited liability corporation with its principal place of business at 1420 Citrus St. , Riverside, CA 92507 (“Contractor”). City and Con tractor 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 traf fic signal maintenance and repair 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 Traffic Signal Maintenance and Emergency Repair Services (“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 traffic signal maintenance and repair services for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2023 to June 30, 2024, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than three (3) additional one-year terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established
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Attachment: Exhibit A - Maintenance Services Agreement - St. Francis Electric (4039 : Contract Award - St. Francis Electric, LLC.) (BB&K 2018)
23152.06000\30608583.2
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schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent
Contractor. The Services shall be performed by Contractor or under its supervision.
Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as r equired 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. Co ntractor hereby designates Jill Petrie , SoCal Area Project Manager, 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.
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Attachment: Exhibit A - Maintenance Services Agreement - St. Francis Electric (4039 : Contract Award - St. Francis Electric, LLC.) (BB&K 2018)
23152.06000\30608583.2
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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 subcontrac tors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall per form, 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 persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance. 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 pur suant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications .
Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affect ing 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
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Attachment: Exhibit A - Maintenance Services Agreement - St. Francis Electric (4039 : Contract Award - St. Francis Electric, LLC.) (BB&K 2018)
23152.06000\30608583.2
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is a public entity of the State of California subj ect 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 municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Contractor . By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.
Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an 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. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspect ion and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.
3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub- subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any 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
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Attachment: Exhibit A - Maintenance Services Agreement - St. Francis Electric (4039 : Contract Award - St. Francis Electric, LLC.) (BB&K 2018)
23152.06000\30608583.2
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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.
3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulat ions 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 law s, 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 C ode §§ 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
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Attachment: Exhibit A - Maintenance Services Agreement - St. Francis Electric (4039 : Contract Award - St. Francis Electric, LLC.) (BB&K 2018)
23152.06000\30608583.2
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Section. Contractor further warrants that it, its employees and subcontractors will receive 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 list 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 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 . Contract or 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 MINIMUM per occurrence for bodily injury, personal injury and property damage. If Commercial General Liabil ity 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 oc currence limit; (2) Automobile Liability: $1,000,000 MINIMUM 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 MINIMUM 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 t his Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not
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the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement.
3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with 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 provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self -insurance shall be called upon to protect it as a named insured. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section
3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability . The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the 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 li mits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages . Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect
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coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.
3.2.11.4 Separation of Insureds; No Special Limitations ; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special li mitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.2.11.6 Subcontractor Insurance Requirements . Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they hav e 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. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificat es and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.2.11.9 Reporting of Claims . Contractor shall report to the City, in addition to Contractor’ s insurer, any and al l 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
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federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.13 Bonds.
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 alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.13.4 Surety Qualifications . Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California- admitted surety with a current A.M. Best ’s rating no less than A:VIII and satisfactory to the City. If a California- admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
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3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.2.15 Work Sites.
3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.
3.2.15.2 Field Measurements . Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and 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 performin g 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 w hich 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 tim e specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or m aterials incorporated into the w ork, 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 w ork so corrected, Contractor’s obligation hereunder to correct defective w ork shall be reinstated for an additional one year period, commencing with the date o f acceptance of such corrected w ork. Contractor shall perform such tests as the City may require to verify that any corrective actions,
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including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All cost s 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 subcontr actors, 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 Contr actor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred Fourteen Thousand and Five Hundred Ninety-Four and 91/100 Dollars ($214,594.91) without written approval of City ’s City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of:
(1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.
3.3.4 Reimbursement for Expenses . Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
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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 execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work wi thout 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 . Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), 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 shall 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 compl iance requirements. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sol e responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be
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compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.4.2 Effect of Termination . If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
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:
St. Francis Electric,LLC
1420 Citrus St.
Riverside, CA 92507
Attn: Guy Smith, Vice President
City:
City of Colton
650 North La Cadena Drive
Colton, CA 92324
Attn: Brian Dickinson, Director of Public Works/Utilities 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
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the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity . To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s S ervices, the Project or thi s 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 C ity 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 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 Agree ment, 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 o f 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 Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
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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 Contrac tors. 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, employ ees, 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, priv ilege, 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 ar e no intend ed 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
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to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the per formance 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 hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.18 Federal Provisions.(Not Used)
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE FOR TRAFFIC SIGNAL MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF COLTON AND ST. FRANCIS ELECTRIC, LLC.
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 3rd day of May 2023
CITY OF COLTON ST. FRANCIS ELECTRIC, LLC.
A Corporation
By: ____________________________ By: _________________________ William R. Smith Name:
City Manager Title:
Attest:
____ By: _________________________
Name:
City Clerk Title:
Approved as to Form:
______________________________
Best Best & Krieger LLP
City Attorney
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EXHIBIT “A”
SCOPE OF SERVICES
Traffic signal maintenance and emergency repair for the following intersections:
CITY OF COLTON TRAFFIC SIGNAL INVENTORY/LOCATION
SIGNALIZED INTERSECTIONS
1 10th Street & G Street
2 3rd Ave & Valley Blvd
3 9th & Valley Blvd
4 Agua Mansa/Walmart Driveway
5 Agua Mansa Rd & Miguel Bustamante Pkwy
6 Barton Rd & Washington St/Cooley Dr.
7 Blue Drive & Pepper Ave
8 Colton Ave & Fairview Ave
9 Cooley Drive/Ashley Way
10 Hunts Lane & Cooley Dr
11 Hunts Lane & Washington St (Barton Rd)
12 La Cadena Dr & Barton Rd
13 La Cadena Dr. & 7th St/Maple
14 La Cadena Dr. & C St.
15 La Cadena Dr. & G St.
16 La Cadena Dr. & H St.
17 La Cadena Dr. & Laurel St.
18 La Cadena Dr. & Mt. Vernon Ave.
19 La Cadena Dr. & N St.
20 La Cadena Dr. & Olive St.
21 La Cadena Dr. & Valley Blvd.
22 La Cadena Dr./M St
23 La Cadena Dr./Rancho Ave.
24 La Cadena Dr./Tropica Rancho
25 La Cadena Dr./La Loma Ave.
26 La Cadena Dr./Iowa Ave.
27 Laurel Ave/PJ Rogers Crosswalk
28 Main St. & Iowa Ave.
29 Mt. Vernon Ave & Centerpoint Dr.
30 Mt. Vernon Ave & Colton Ave
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Attachment: Exhibit A - Maintenance Services Agreement - St. Francis Electric (4039 : Contract Award - St. Francis Electric, LLC.) (BB&K 2018)
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31 Mt. Vernon Ave & Cooley Dr.
32 Mt. Vernon Ave & Fairway Dr.
33 Mt. Vernon Ave & M St.
34 Mt. Vernon Ave & Olive St.
35 Mt. Vernon Ave & Santo Antonio
36 Mt. Vernon Ave & Valley Blvd.
37 Mt. Vernon Ave./Laurel Ave.
38 Mt. Vernon & Palm Drive
39 Mt. Vernon & D St
40 Pennsylvania Ave & Mill St.
41 Pennsylvania/ North Mill
42 Rancho Ave & C St.
43 Rancho Ave & Citrus Ave
44 Rancho Ave & Johnston Ave
45 Rancho Ave & Laurel St
46 Rancho Ave & Olive St.
47 Rancho Ave & Valley Blvd.
48 Rancho Ave & Agua Mansa Rd.
49 Reche Canyon Rd & Shane Dr.
50 Reche Canyon Rd. & Washington St.
51 Reche Canyon Rd. & Topanga Way
52 San Bernardino Ave & Pepper Ave
53 Valley Blvd./Meridian Ave
54 Valley Blvd & Pepper Ave
55 Valley Blvd. & Wildrose Ave
56 Violet St & Pepper Ave
57 Washington St & Bluff Rd
58 Washington St & Meadow Lane
59 Washington St & Mojave Dr
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Attachment: Exhibit A - Maintenance Services Agreement - St. Francis Electric (4039 : Contract Award - St. Francis Electric, LLC.) (BB&K 2018)
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EXHIBIT “B”
SCHEDULE OF SERVICES
JULY 1, 2023 TO JUNE 30, 2024
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Attachment: Exhibit A - Maintenance Services Agreement - St. Francis Electric (4039 : Contract Award - St. Francis Electric, LLC.) (BB&K 2018)
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EXHIBIT “C”
COMPENSATION
Not to Exceed Amount of Two Hundred Fourteen Thousand and Five Hundred Ninety-Four and 91/100 Dollars ($214,594.91)
(See attached Bid Schedule submittal for applicable rates and contact cost)
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Attachment: Exhibit A - Maintenance Services Agreement - St. Francis Electric (4039 : Contract Award - St. Francis Electric, LLC.)
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Attachment: Exhibit A - Maintenance Services Agreement - St. Francis Electric (4039 : Contract Award - St. Francis Electric, LLC.)
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Attachment: Exhibit A - Maintenance Services Agreement - St. Francis Electric (4039 : Contract Award - St. Francis Electric, LLC.)
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Attachment: Exhibit A - Maintenance Services Agreement - St. Francis Electric (4039 : Contract Award - St. Francis Electric, LLC.) (BB&K 2018)
23152.06000\30608583.2
Exhibit D-1
EXHIBIT “D”
FEDERAL REQUIREMENTS
NOT USED
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Attachment: Exhibit A - Maintenance Services Agreement - St. Francis Electric (4039 : Contract Award - St. Francis Electric, LLC.)