Staff Presentation.
Public Comment.
After hearing public comment, on motion by Councilmember __________, seconded by Councilmember _________, the Public Hearing is terminated.
MOTION __________ SECOND __________
BACKGROUND
In compliance with the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, the City Council formed a Landscape and Lighting Maintenance Assessment District (LLMD). Currently, there are two Landscape Lighting and Maintenance Districts within the City of Colton. Each District provides the services of maintaining lighting, landscaping, and all applicable facilities within its boundaries.
The LLMD II was formed in 2002 with two zones (See Exhibit A for location map). A variable amount is levied in each zone based on the benefit each property type (residential, industrial or commercial) receives; a single family residence is used as the basic unit of assessment and is assessed an Equivalent Benefit Unit (EBU) of 1.00. In addition to the EBU, the other determining factor in establishing each zone’s corresponding assessment is the acreage of each parcel. The costs associated with maintaining the improvements within each zone are distributed equitably to the parcels within the zone proportional to the benefit received by those parcels.
Only parcels that directly benefit from the improvements are assessed.
On June 18, 2013, the City Council determined that street lighting charges be excluded from both LLMD Districts and be considered as part of the City wide services as a matter of public safety.
For irrigation water service charges, Council approved a reduction of cost that is proportional to shared public areas (i.e. medians, parks and other publicly accessible areas that are in the LLMD service areas) to allow the District to catch up on lingering maintenance issues. The common area is approximately 38% of total LLMD areas. The cost of City owned utilities expense for Fiscal Year 2023/24 is approximately $13,000 for both electricity and water.
ISSUES/ANALYSIS
The Engineer’s Report for FY 2023/2024 is available for review at the City Clerk’s Office.
Staff is recommending that the City Council authorize the City’s Electric and Water Departments to continue to provide electric and water services and these costs be excluded from the District expenses for the upcoming fiscal year in a same manner as previously approved.
1.6 Packet Pg. 809
Staff Report to the Mayor and City Council
LLMD II Public Hearing
June 20, 2023
FISCAL IMPACTS
The Engineer’s Report is on file in the City Clerk’s office, as prescribed by law, and identifies the LLMD II operating budget for FY 2023-24 is $150,727. The LLMD II revenue for FY 2023- 24 is estimated at $176,015.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - LLMD II Map
2. Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report
3. Exhibit C - Reso. No. R-54-23 PUBLIC HEARING APPROVING THE LEVY
1.6 Packet Pg. 810
Exhibit A
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT 2 MAP
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Packet Pg. 811 Attachment: Exhibit A - LLMD II Map (4096 : LLMD II Public Hearing)
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Packet Pg. 812
Attachment: Exhibit A - LLMD II Map (4096 : LLMD II Public Hearing) Exhibit B
Resolution R-53-23
APROVING THE FINAL ENGINEER’S REPORT
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RESOLUTION NO. R-53-23
A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA APPROVING THE ANNUAL ENGINEER’S REPORT FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. II FOR FISCAL YEAR 2023/2024.
WHEREAS, the City of Colton (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and, WHEREAS, the City Council of the City of Colton, California, has, by previous Resolutions, ordered the preparation of the Engineer’s Annual Levy Report (“Engineer’s Report”) for the “Colton Landscape and Lighting Maintenance Assessment District No. II (“District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (“Act”); and, WHEREAS, there has been presented to this City Council the Engineer’s Report as required by Chapter 3, Section 22623 of said Act as previously directed by Resolution; and, WHEREAS, this City Council has carefully examined and reviewed the Engineer’s Report as presented, and is satisfied with the Engineer’s Report, each and all of the budget items and documents as set forth therein, and is satisfied that the assessments, have been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed within each Benefit Zone of the District, as set forth in said Engineer’s Report.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
Section 1 The above recitals are true and correct.
Section 2 The Engineer’s Report as presented, consists of the following:
A Description of the District and Improvements;
The Annual Budget (Costs and Expenses of Services, Operations and Maintenance); A Description of the Method of Apportionment resulting in an Assessment Rate per Levy Unit within said District for Fiscal Year 2023/2024;
District Assessment Diagrams showing the exterior boundaries of the Assessment District and/or the Benefit Zones therein;
A Listing of the proposed assessment for each Assessor’s Parcel Number within the District for Fiscal Year 2023/2024.
Section 3 The Engineer’s Report is hereby approved on a preliminary basis pending a public hearing, and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.
Section 4 The Engineer’s Report as presented is hereby approved (subject to modifications and amendments directed by the City Council at the Public Hearing) and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open for public inspection.
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Section 5 The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation and approval of the Engineer’s Report.
PASSED, APPROVED AND ADOPTED this 20
th day of June 2020.
_______________________________
Frank J. Navarro
Mayor
ATTEST:
__________________________________
Carolina R. Padilla
City Clerk
1.6.b
Packet Pg. 815 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
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Packet Pg. 816 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
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Packet Pg. 817 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
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Packet Pg. 818 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
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Packet Pg. 819 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
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Packet Pg. 820 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
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Packet Pg. 821 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
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Packet Pg. 822 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
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Packet Pg. 823 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
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Packet Pg. 824 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
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Packet Pg. 825 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
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Packet Pg. 826 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
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Packet Pg. 827 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
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Packet Pg. 828 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
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Packet Pg. 829 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
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Packet Pg. 830 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
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Packet Pg. 831 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
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Packet Pg. 832 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
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Packet Pg. 833 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
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Packet Pg. 834 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
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Packet Pg. 835 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
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Packet Pg. 836 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
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Packet Pg. 837 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
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Packet Pg. 838 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
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Packet Pg. 839 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
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Packet Pg. 840 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
APN SITUS ADDRESS LAND USE EDU ZONE MAXIMUM
TAX CHARGE
0160-111-23-0000 1791 TERRACE AVE SFR 1.00 2 $636.59 $636.59 0160-111-24-0000 1781 TERRACE AVE SFR 1.00 2 636.59 636.59 0160-111-25-0000 1771 TERRACE AVE SFR 1.00 2 636.59 636.59 0160-111-26-0000 1761 TERRACE AVE SFR 1.00 2 636.59 636.59 0160-111-27-0000 1751 TERRACE AVE SFR 1.00 2 636.59 636.59 0160-111-28-0000 1741 TERRACE AVE SFR 1.00 2 636.59 636.59 0160-111-29-0000 1731 TERRACE AVE SFR 1.00 2 636.59 636.59 0160-111-30-0000 1721 TERRACE AVE SFR 1.00 2 636.59 636.59 0160-111-31-0000 1711 TERRACE AVE SFR 1.00 2 636.59 636.59 0160-111-32-0000 1701 TERRACE AVE SFR 1.00 2 636.59 636.59 0160-111-33-0000 1700 TERRACE AVE SFR 1.00 2 636.59 636.59 0160-111-34-0000 1708 TERRACE AVE SFR 1.00 2 636.59 636.59 0160-111-35-0000 1716 TERRACE AVE SFR 1.00 2 636.59 636.59 0160-111-36-0000 1720 TERRACE AVE SFR 1.00 2 636.59 636.59 0160-111-37-0000 1730 TERRACE AVE SFR 1.00 2 636.59 636.59 0160-111-38-0000 1740 TERRACE AVE SFR 1.00 2 636.59 636.59 0160-111-39-0000 1750 TERRACE AVE SFR 1.00 2 636.59 636.59 0160-111-40-0000 1760 TERRACE AVE SFR 1.00 2 636.59 636.59 0160-111-41-0000 1770 TERRACE AVE SFR 1.00 2 636.59 636.59 0160-111-42-0000 1780 TERRACE AVE SFR 1.00 2 636.59 636.59 0160-111-43-0000 1790 TERRACE AVE SFR 1.00 2 636.59 636.59 0160-111-44-0000 1796 TERRACE AVE SFR 1.00 2 636.59 636.59 0160-401-01-0000 1399 PORFIRIO ELIAS SFR 1.00 1 227.85 227.85 0160-401-02-0000 1387 PORIRIO ELIAS SFR 1.00 1 227.85 227.85 0160-401-03-0000 1375 PORFIRIO ELIAS WAY SFR 1.00 1 227.85 227.85 0160-401-04-0000 1363 PORFIRIO ELIAS SFR 1.00 1 227.85 227.85 0160-401-05-0000 1351 PORFIRIO ELIAS SFR 1.00 1 227.85 227.85 0160-401-06-0000 1349 PORIRIO ELIAS SFR 1.00 1 227.85 227.85 0160-401-07-0000 1337 PORFIRIO ELIAS SFR 1.00 1 227.85 227.85 0160-401-08-0000 1325 PORFIRIO ELIAS SFR 1.00 1 227.85 227.85 0160-401-09-0000 1313 PORFIRIO ELIAS SFR 1.00 1 227.85 227.85 0160-401-10-0000 1301 PORFIRIO ELIAS SFR 1.00 1 227.85 227.85 0160-401-11-0000 1285 PORFIRIO ELIAS SFR 1.00 1 227.85 227.85 0160-401-12-0000 1283 PORFIRIO ELIAS SFR 1.00 1 227.85 227.85 0160-401-13-0000 1269 PORFIRIO ELIAS SFR 1.00 1 227.85 227.85 0160-401-14-0000 1247 PORFIRIO ELIAS SFR 1.00 1 227.85 227.85 0160-401-15-0000 1225 PORFIRIO ELIAS SFR 1.00 1 227.85 227.85 0160-401-16-0000 1201 PORFIRIO ELIAS SFR 1.00 1 227.85 227.85 0160-401-17-0000 1200 PORFIRIO ELIAS SFR 1.00 1 227.85 227.85 0160-401-18-0000 1224 PORFIRIO ELIAS SFR 1.00 1 227.85 227.85 City of Colton
Landscape and Lighting District No. 2
Fiscal Year 2023/2024
Applied Report (Sorted by Assessor Parcel Number "APN") Willdan Financial Services Page 1 of 15
1.6.b
Packet Pg. 841 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
APN SITUS ADDRESS LAND USE EDU ZONE MAXIMUM
TAX CHARGE
City of Colton
Landscape and Lighting District No. 2
Fiscal Year 2023/2024
Applied Report (Sorted by Assessor Parcel Number "APN") 0160-401-19-0000 1264 PORFIRIO ELIAS SFR 1.00 1 227.85 227.85 0160-401-20-0000 1268 PORFIRIO ELIAS SFR 1.00 1 227.85 227.85 0160-401-21-0000 1282 PORFIRIO ELIAS SFR 1.00 1 227.85 227.85 0160-401-22-0000 1268 PORFIRIO ELIAS SFR 1.00 1 227.85 227.85 0160-401-23-0000 1312 PORFIRIO ELIAS SFR 1.00 1 227.85 227.85 0160-401-24-0000 1324 PORFIRIO ELIAS SFR 1.00 1 227.85 227.85 0160-401-25-0000 1336 PORFIRIO ELIAS SFR 1.00 1 227.85 227.85 0160-401-26-0000 1348 PORFIRIO ELIAS SFR 1.00 1 227.85 227.85 0160-401-27-0000 1350 PORFIRIO ELIAS SFR 1.00 1 227.85 227.85 0160-401-28-0000 1362 PORFIRIO ELIAS WAY SFR 1.00 1 227.85 227.85 0160-401-29-0000 1374 PORFIRIO ELIAS SFR 1.00 1 227.85 227.85 0160-401-30-0000 1386 PORFIRIO ELIAS SFR 1.00 1 227.85 227.85 0160-401-31-0000 1398 PORFIRIO ELIAS SFR 1.00 1 227.85 227.85 0160-401-32-0000 1399 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-33-0000 1387 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-34-0000 1375 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-35-0000 1363 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-36-0000 1351 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-37-0000 1349 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-38-0000 1337 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-39-0000 1325 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-40-0000 1313 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-41-0000 1285 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-42-0000 1283 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-43-0000 1269 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-44-0000 1247 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-45-0000 1268 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-46-0000 1282 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-47-0000 1284 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-48-0000 1300 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-49-0000 1312 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-50-0000 1324 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-51-0000 1336 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-52-0000 1348 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-53-0000 1350 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-54-0000 1362 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-55-0000 1374 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-56-0000 1386 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-57-0000 1398 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-60-0000 1489 WILLIAM MCGARTH SFR 1.00 1 227.85 227.85 Willdan Financial Services Page 2 of 15
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Packet Pg. 842 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
APN SITUS ADDRESS LAND USE EDU ZONE MAXIMUM
TAX CHARGE
City of Colton
Landscape and Lighting District No. 2
Fiscal Year 2023/2024
Applied Report (Sorted by Assessor Parcel Number "APN") 0160-401-61-0000 1467 JOHN JUAREZ SFR 1.00 1 227.85 227.85 0160-401-62-0000 1445 JOHN JUAREZ SFR 1.00 1 227.85 227.85 0160-401-63-0000 1423 JOHN JUAREZ SFR 1.00 1 227.85 227.85 0160-401-64-0000 1401 JOHN JUAREZ SFR 1.00 1 227.85 227.85 0160-401-65-0000 1207 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-66-0000 1219 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-67-0000 1223 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-68-0000 1235 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-69-0000 1246 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-70-0000 1234 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-71-0000 1222 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-72-0000 1218 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-401-73-0000 1206 WILLIAM MCGRATH SFR 1.00 1 227.85 227.85 0160-411-01-0000 1297 REYES HERNANDEZ SFR 1.00 1 227.85 227.85 0160-411-02-0000 1285 REYES HERNANDEZ SFR 1.00 1 227.85 227.85 0160-411-03-0000 1273 REYES HERNANDEZ SFR 1.00 1 227.85 227.85 0160-411-04-0000 1261 REYES HERNANDEZ SFR 1.00 1 227.85 227.85 0160-411-05-0000 1259 REYES HERNANDEZ LN SFR 1.00 1 227.85 227.85 0160-411-06-0000 1247 REYES HERNANDEZ SFR 1.00 1 227.85 227.85 0160-411-07-0000 1235 REYES HERNANDEZ SFR 1.00 1 227.85 227.85 0160-411-08-0000 1223 REYES HERNANDEZ SFR 1.00 1 227.85 227.85 0160-411-09-0000 1209 REYES HERNANDEZ SFR 1.00 1 227.85 227.85 0160-411-10-0000 1208 REYES HERNANDEZ SFR 1.00 1 227.85 227.85 0160-411-11-0000 1222 REYES HERNANDEZ SFR 1.00 1 227.85 227.85 0160-411-12-0000 1234 REYES HERNANDEZ SFR 1.00 1 227.85 227.85 0160-411-13-0000 1246 REYES HERNANDEZ JR LNSFR 1.00 1 227.85 227.85 0160-411-14-0000 1258 REYES HERNANDEZ SFR 1.00 1 227.85 227.85 0160-411-15-0000 1260 REYES HERNANDEZ SFR 1.00 1 227.85 227.85 0160-411-16-0000 1272 REYES HERNANDEZ SFR 1.00 1 227.85 227.85 0160-411-17-0000 1284 REYES HERNANDEZ SFR 1.00 1 227.85 227.85 0160-411-18-0000 1296 REYES HERNANDEZ JR LNSFR 1.00 1 227.85 227.85 0160-411-19-0000 1207 MICHAEL DARCY SFR 1.00 1 227.85 227.85 0160-411-20-0000 1219 MICHAEL DARCY SFR 1.00 1 227.85 227.85 0160-411-21-0000 1221 MICHAEL DARCY SFR 1.00 1 227.85 227.85 0160-411-22-0000 1233 MICHAEL DARCY SFR 1.00 1 227.85 227.85 0160-411-23-0000 1245 MICHAEL DARCY SFR 1.00 1 227.85 227.85 0160-411-24-0000 1257 MICHAEL DARCY SFR 1.00 1 227.85 227.85 0160-411-25-0000 1269 MICHAEL DARCY SFR 1.00 1 227.85 227.85 0160-411-26-0000 1271 MICHAEL DARCY SFR 1.00 1 227.85 227.85 0160-411-27-0000 1283 MICHAEL DARCY SFR 1.00 1 227.85 227.85 Willdan Financial Services Page 3 of 15
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Packet Pg. 843 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
APN SITUS ADDRESS LAND USE EDU ZONE MAXIMUM
TAX CHARGE
City of Colton
Landscape and Lighting District No. 2
Fiscal Year 2023/2024
Applied Report (Sorted by Assessor Parcel Number "APN") 0160-411-28-0000 1282 MICHAEL DARCY SFR 1.00 1 227.85 227.85 0160-411-29-0000 1270 MICHAEL DARCY SFR 1.00 1 227.85 227.85 0160-411-30-0000 1268 MICHAEL DARCY SFR 1.00 1 227.85 227.85 0160-411-31-0000 1256 MICHAEL DARCY SFR 1.00 1 227.85 227.85 0160-411-32-0000 1244 MICHAEL DARCY SFR 1.00 1 227.85 227.85 0160-411-33-0000 1232 MICHAEL DARCY SFR 1.00 1 227.85 227.85 0160-411-34-0000 1220 MICHAEL DARCY SFR 1.00 1 227.85 227.85 0160-411-35-0000 1218 MICHAEL DARCY SFR 1.00 1 227.85 227.85 0160-411-36-0000 1206 MICHAEL DARCY SFR 1.00 1 227.85 227.85 0160-421-01-0000 1398 VISCONTI SFR 1.00 1 227.85 227.85 0160-421-02-0000 1384 VISCONTI SFR 1.00 1 227.85 227.85 0160-421-03-0000 1370 VISCONTI SFR 1.00 1 227.85 227.85 0160-421-04-0000 1356 VISCONTI SFR 1.00 1 227.85 227.85 0160-421-05-0000 1342 VISCONTI SFR 1.00 1 227.85 227.85 0160-421-06-0000 1328 VISCONTI SFR 1.00 1 227.85 227.85 0160-421-07-0000 1314 VISCONTI SFR 1.00 1 227.85 227.85 0160-421-08-0000 1296 VISCONTI DR SFR 1.00 1 227.85 227.85 0160-421-09-0000 1288 VISCONTI SFR 1.00 1 227.85 227.85 0160-421-10-0000 1280 VISCONTI SFR 1.00 1 227.85 227.85 0160-421-11-0000 1272 VISCONTI SFR 1.00 1 227.85 227.85 0160-421-12-0000 1264 VISCONTI SFR 1.00 1 227.85 227.85 0160-421-13-0000 1256 VISCONTI SFR 1.00 1 227.85 227.85 0160-421-14-0000 1248 VISCONTI DR SFR 1.00 1 227.85 227.85 0160-421-15-0000 1240 VISCONTI SFR 1.00 1 227.85 227.85 0160-421-16-0000 1232 VISCONTI SFR 1.00 1 227.85 227.85 0160-421-17-0000 1224 VISCONTI SFR 1.00 1 227.85 227.85 0160-421-18-0000 1216 VISCONTI SFR 1.00 1 227.85 227.85 0160-421-19-0000 1281 JOHN JUAREZ SFR 1.00 1 227.85 227.85 0160-421-20-0000 1261 JOHN JUAREZ SFR 1.00 1 227.85 227.85 0160-421-21-0000 1241 JOHN JUAREZ SFR 1.00 1 227.85 227.85 0160-421-22-0000 1221 JOHN JUAREZ SFR 1.00 1 227.85 227.85 0160-421-23-0000 1201 JOHN JUAREZ SFR 1.00 1 227.85 227.85 0160-421-24-0000 1200 ZARAGOZA SFR 1.00 1 227.85 227.85 0160-421-25-0000 1220 ZARGOZA SFR 1.00 1 227.85 227.85
0160-421-26-0000 1240 ZARAGOZA SFR 1.00 1 227.85 227.85 0160-421-27-0000 1260 ZARAGOZA SFR 1.00 1 227.85 227.85 0160-421-28-0000 1280 ZARAGOZA SFR 1.00 1 227.85 227.85 0160-421-29-0000 1281 ZARAGOZA SFR 1.00 1 227.85 227.85 0160-421-30-0000 1261 ZARAGOZA SFR 1.00 1 227.85 227.85 0160-421-31-0000 1241 ZARAGOZA SFR 1.00 1 227.85 227.85 Willdan Financial Services Page 4 of 15
1.6.b
Packet Pg. 844 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
APN SITUS ADDRESS LAND USE EDU ZONE MAXIMUM
TAX CHARGE
City of Colton
Landscape and Lighting District No. 2
Fiscal Year 2023/2024
Applied Report (Sorted by Assessor Parcel Number "APN") 0160-421-32-0000 1221 ZARAGOZA SFR 1.00 1 227.85 227.85 0160-421-33-0000 1201 ZARAGOZA SFR 1.00 1 227.85 227.85 0160-421-34-0000 1200 AMADOR SFR 1.00 1 227.85 227.85
0160-421-35-0000 1220 AMADOR SFR 1.00 1 227.85 227.85
0160-421-36-0000 1240 AMADOR SFR 1.00 1 227.85 227.85
0160-421-37-0000 1260 AMADOR SFR 1.00 1 227.85 227.85
0160-421-38-0000 1280 AMADOR SFR 1.00 1 227.85 227.85
0160-421-39-0000 1281 AMADOR SFR 1.00 1 227.85 227.85
0160-421-40-0000 1261 AMADOR SFR 1.00 1 227.85 227.85
0160-421-41-0000 1241 AMADOR SFR 1.00 1 227.85 227.85
0160-421-42-0000 1221 AMADOR SFR 1.00 1 227.85 227.85
0160-421-43-0000 1201 AMADOR SFR 1.00 1 227.85 227.85
0160-421-44-0000 1296 DEL GIORGIO SFR 1.00 1 227.85 227.85 0160-421-45-0000 1288 DEL GIORGIO SFR 1.00 1 227.85 227.85 0160-421-46-0000 1280 DEL GIORGIO SFR 1.00 1 227.85 227.85 0160-421-47-0000 1272 DEL GIORGIO SFR 1.00 1 227.85 227.85 0160-421-48-0000 1264 DEL GIORGIO SFR 1.00 1 227.85 227.85 0160-421-49-0000 1256 DEL GIORGIO SFR 1.00 1 227.85 227.85 0160-421-50-0000 1248 DEL GIORGIO SFR 1.00 1 227.85 227.85 0160-421-51-0000 1240 DEL GIORGIO SFR 1.00 1 227.85 227.85 0160-421-52-0000 1232 DEL GIORGIO SFR 1.00 1 227.85 227.85 0160-421-53-0000 1224 DEL GIORGIO SFR 1.00 1 227.85 227.85 0160-421-54-0000 1216 DEL GIORGIO SFR 1.00 1 227.85 227.85 0160-421-55-0000 1208 DEL GIORGIO SFR 1.00 1 227.85 227.85 0160-421-56-0000 1233 VISCONTI SFR 1.00 1 227.85 227.85 0160-421-57-0000 1241 VISCONTI SFR 1.00 1 227.85 227.85 0160-431-01-0000 1391 SERENATA SFR 1.00 1 227.85 227.85 0160-431-02-0000 1377 SERENATA SFR 1.00 1 227.85 227.85 0160-431-03-0000 1355 SERENATA SFR 1.00 1 227.85 227.85 0160-431-04-0000 1339 SERENATA SFR 1.00 1 227.85 227.85 0160-431-05-0000 1327 SERENATA SFR 1.00 1 227.85 227.85 0160-431-06-0000 1315 SERENATA SFR 1.00 1 227.85 227.85 0160-431-07-0000 1303 SERENATA SFR 1.00 1 227.85 227.85 0160-431-08-0000 1295 SERENATA SFR 1.00 1 227.85 227.85 0160-431-09-0000 1283 SERENATA SFR 1.00 1 227.85 227.85 0160-431-10-0000 1271 SERENATA SFR 1.00 1 227.85 227.85 0160-431-11-0000 1272 SERENATA SFR 1.00 1 227.85 227.85 0160-431-12-0000 1284 SERENATA SFR 1.00 1 227.85 227.85 0160-431-13-0000 1296 SERENATA SFR 1.00 1 227.85 227.85 0160-431-14-0000 1302 SERENATA SFR 1.00 1 227.85 227.85 Willdan Financial Services Page 5 of 15
1.6.b
Packet Pg. 845 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
APN SITUS ADDRESS LAND USE EDU ZONE MAXIMUM
TAX CHARGE
City of Colton
Landscape and Lighting District No. 2
Fiscal Year 2023/2024
Applied Report (Sorted by Assessor Parcel Number "APN") 0160-431-15-0000 1314 SERENATA SFR 1.00 1 227.85 227.85 0160-431-16-0000 1326 SERENATA SFR 1.00 1 227.85 227.85 0160-431-17-0000 1338 SERENATA SFR 1.00 1 227.85 227.85 0160-431-18-0000 1356 SERENATA SFR 1.00 1 227.85 227.85 0160-431-19-0000 1378 SERENATA SFR 1.00 1 227.85 227.85 0160-431-20-0000 1392 SERENATA SFR 1.00 1 227.85 227.85 0160-441-01-0000 1397 JANES SFR 1.00 1 227.85 227.85
0160-441-02-0000 1383 JANES WAY SFR 1.00 1 227.85 227.85 0160-441-03-0000 1369 JANES SFR 1.00 1 227.85 227.85
0160-441-04-0000 1355 JANES SFR 1.00 1 227.85 227.85
0160-441-05-0000 1343 JANES SFR 1.00 1 227.85 227.85
0160-441-06-0000 1329 JANES SFR 1.00 1 227.85 227.85
0160-441-07-0000 1317 JANES SFR 1.00 1 227.85 227.85
0160-441-08-0000 1305 JANES SFR 1.00 1 227.85 227.85
0160-441-09-0000 1289 JANES SFR 1.00 1 227.85 227.85
0160-441-10-0000 1277 JANES SFR 1.00 1 227.85 227.85
0160-441-11-0000 1265 JANES SFR 1.00 1 227.85 227.85
0160-441-12-0000 1253 JANES SFR 1.00 1 227.85 227.85
0160-441-13-0000 1241 JANES SFR 1.00 1 227.85 227.85
0160-441-14-0000 1233 JANES SFR 1.00 1 227.85 227.85
0160-441-15-0000 1221 JANES SFR 1.00 1 227.85 227.85
0160-441-16-0000 1207 JANES WAY SFR 1.00 1 227.85 227.85 0160-441-17-0000 1210 JANES WAY SFR 1.00 1 227.85 227.85 0160-441-18-0000 1224 JANES SFR 1.00 1 227.85 227.85
0160-441-19-0000 1236 JANES SFR 1.00 1 227.85 227.85
0160-441-20-0000 1244 JANES SFR 1.00 1 227.85 227.85
0160-441-21-0000 1258 JANES SFR 1.00 1 227.85 227.85
0160-441-22-0000 1270 JANES SFR 1.00 1 227.85 227.85
0160-441-23-0000 1284 JANES SFR 1.00 1 227.85 227.85
0160-441-24-0000 1296 JANES SFR 1.00 1 227.85 227.85
0160-441-25-0000 1312 JANES SFR 1.00 1 227.85 227.85
0160-441-26-0000 1326 JANES SFR 1.00 1 227.85 227.85
0160-441-27-0000 1340 JANES SFR 1.00 1 227.85 227.85
0160-441-28-0000 1354 JANES SFR 1.00 1 227.85 227.85
0160-441-29-0000 1368 JANES WAY SFR 1.00 1 227.85 227.85 0160-441-30-0000 1382 JANES SFR 1.00 1 227.85 227.85
0160-441-31-0000 1396 JANES SFR 1.00 1 227.85 227.85
0160-441-32-0000 1399 VISCONTI SFR 1.00 1 227.85 227.85 0160-441-33-0000 1385 VISCONTI SFR 1.00 1 227.85 227.85 0160-441-34-0000 1373 VISCONTI SFR 1.00 1 227.85 227.85 Willdan Financial Services Page 6 of 15
1.6.b
Packet Pg. 846 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
APN SITUS ADDRESS LAND USE EDU ZONE MAXIMUM
TAX CHARGE
City of Colton
Landscape and Lighting District No. 2
Fiscal Year 2023/2024
Applied Report (Sorted by Assessor Parcel Number "APN") 0160-441-35-0000 1357 VISCONTI DR SFR 1.00 1 227.85 227.85 0160-441-36-0000 1349 VISCONTI DR SFR 1.00 1 227.85 227.85 0160-441-37-0000 1327 VISCONTI SFR 1.00 1 227.85 227.85 0160-441-38-0000 1315 VISCONTI DR SFR 1.00 1 227.85 227.85 0160-441-39-0000 1293 VISCONTI SFR 1.00 1 227.85 227.85 0160-441-40-0000 1289 VISCONTI SFR 1.00 1 227.85 227.85 0160-441-41-0000 1277 VISCONTI SFR 1.00 1 227.85 227.85 0160-441-42-0000 1265 VISCONTI SFR 1.00 1 227.85 227.85 0160-441-43-0000 1253 VISCONTI SFR 1.00 1 227.85 227.85 0160-451-01-0000 1403 GILBERT J. ADAME CT SFR 1.00 1 227.85 227.85 0160-451-02-0000 1415 GILBERT J. ADAME CT SFR 1.00 1 227.85 227.85 0160-451-03-0000 1427 GILBERT J. ADAME CT SFR 1.00 1 227.85 227.85 0160-451-04-0000 1439 GILBERT J. ADAME CT SFR 1.00 1 227.85 227.85 0160-451-05-0000 1443 GILBERT J. ADAME CT SFR 1.00 1 227.85 227.85 0160-451-06-0000 1455 GILBERT J. ADAME CT SFR 1.00 1 227.85 227.85 0160-451-07-0000 1467 GILBERT J. ADAME CT SFR 1.00 1 227.85 227.85 0160-451-08-0000 1479 GILBERT J. ADAME CT SFR 1.00 1 227.85 227.85 0160-451-09-0000 1481 GILBERT J. ADAME CT SFR 1.00 1 227.85 227.85 0160-451-10-0000 1487 GILBERT J. ADAME CT SFR 1.00 1 227.85 227.85 0160-451-11-0000 1499 GILBERT J. ADAME CT SFR 1.00 1 227.85 227.85 0160-451-12-0000 1490 GILBERT J. ADAME CT SFR 1.00 1 227.85 227.85 0160-451-13-0000 1480 GILBERT J. ADAME CT SFR 1.00 1 227.85 227.85 0160-451-14-0000 1470 GILBERT J. ADAME CT SFR 1.00 1 227.85 227.85 0160-451-15-0000 1460 GILBERT J. ADAME CT SFR 1.00 1 227.85 227.85 0160-451-16-0000 1450 GILBERT J. ADAME CT SFR 1.00 1 227.85 227.85 0160-451-17-0000 1440 GILBERT J. ADAME CT SFR 1.00 1 227.85 227.85 0160-451-18-0000 1430 GILBERT J. ADAME CT SFR 1.00 1 227.85 227.85 0160-451-19-0000 1420 GILBERT J. ADAME CT SFR 1.00 1 227.85 227.85 0160-451-20-0000 1410 GILBERT J. ADAME CT SFR 1.00 1 227.85 227.85 0160-451-21-0000 1400 GILBERT J. ADAME CT SFR 1.00 1 227.85 227.85 0160-451-22-0000 1401 LINVILLE LN SFR 1.00 1 227.85 227.85 0160-451-23-0000 1413 LINVILLE LN SFR 1.00 1 227.85 227.85 0160-451-24-0000 1425 LINVILLE LN SFR 1.00 1 227.85 227.85 0160-451-25-0000 1437 LINVILLE LN SFR 1.00 1 227.85 227.85 0160-451-26-0000 1449 LINVILLE LN SFR 1.00 1 227.85 227.85 0160-451-27-0000 1451 LINVILLE LN SFR 1.00 1 227.85 227.85 0160-451-28-0000 1463 LINVILLE LN SFR 1.00 1 227.85 227.85 0160-451-29-0000 1475 LINVILLE LN SFR 1.00 1 227.85 227.85 0160-451-30-0000 1489 LINVILLE LN SFR 1.00 1 227.85 227.85 0160-451-31-0000 1491 LINVILLE LN SFR 1.00 1 227.85 227.85 Willdan Financial Services Page 7 of 15
1.6.b
Packet Pg. 847 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
APN SITUS ADDRESS LAND USE EDU ZONE MAXIMUM
TAX CHARGE
City of Colton
Landscape and Lighting District No. 2
Fiscal Year 2023/2024
Applied Report (Sorted by Assessor Parcel Number "APN") 0160-451-32-0000 1499 LINVILLE LN SFR 1.00 1 227.85 227.85 0160-451-33-0000 1496 LINVILLE LN SFR 1.00 1 227.85 227.85 0160-451-34-0000 1484 LINVILLE LN SFR 1.00 1 227.85 227.85 0160-451-35-0000 1472 LINVILLE LN SFR 1.00 1 227.85 227.85 0160-451-36-0000 1460 LINVILLE LN SFR 1.00 1 227.85 227.85 0160-451-37-0000 1458 LINVILLE LN SFR 1.00 1 227.85 227.85 0160-451-38-0000 1446 LINVILLE LN SFR 1.00 1 227.85 227.85 0160-451-39-0000 1434 LINVILLE LN SFR 1.00 1 227.85 227.85 0160-451-40-0000 1422 LINVILLE LN SFR 1.00 1 227.85 227.85 0160-451-41-0000 1410 LINVILLE LN SFR 1.00 1 227.85 227.85 0160-451-42-0000 1402 LINVILLE LN SFR 1.00 1 227.85 227.85 0250-022-01-0000 1200 CANTARA ST SFR 1.00 1 227.85 227.85 0250-022-02-0000 1216 CANTARA ST SFR 1.00 1 227.85 227.85 0250-022-03-0000 1232 CANTARA ST SFR 1.00 1 227.85 227.85 0250-022-04-0000 1248 CANTARA ST SFR 1.00 1 227.85 227.85 0250-022-05-0000 1264 CANTARA ST SFR 1.00 1 227.85 227.85 0250-022-06-0000 1280 CANTARA ST SFR 1.00 1 227.85 227.85 0250-022-07-0000 1296 CANTARA ST SFR 1.00 1 227.85 227.85 0250-022-08-0000 1460 POEMA DR SFR 1.00 1 227.85 227.85 0250-022-09-0000 1450 POEMA DR SFR 1.00 1 227.85 227.85 0250-022-10-0000 1440 POEMA DR SFR 1.00 1 227.85 227.85 0250-022-11-0000 1430 POEMA DR SFR 1.00 1 227.85 227.85 0250-022-12-0000 1420 POEMA DR SFR 1.00 1 227.85 227.85 0250-022-13-0000 1410 POEMA DR SFR 1.00 1 227.85 227.85 0250-022-14-0000 1400 POEMA DR SFR 1.00 1 227.85 227.85 0250-022-15-0000 1330 CORO DR SFR 1.00 1 227.85 227.85
0250-022-16-0000 1340 CORO DR SFR 1.00 1 227.85 227.85
0250-022-17-0000 1350 CORO DR SFR 1.00 1 227.85 227.85
0250-022-18-0000 1360 CORO DR SFR 1.00 1 227.85 227.85
0250-022-19-0000 1365 CORO DR SFR 1.00 1 227.85 227.85
0250-022-20-0000 1355 CORO DR SFR 1.00 1 227.85 227.85
0250-022-21-0000 1345 CORO DR SFR 1.00 1 227.85 227.85
0250-022-22-0000 1335 CORO DR SFR 1.00 1 227.85 227.85
0250-022-23-0000 1330 CANTARA ST SFR 1.00 1 227.85 227.85 0250-022-24-0000 1340 CANTARA ST SFR 1.00 1 227.85 227.85 0250-022-25-0000 1350 CANTARA ST SFR 1.00 1 227.85 227.85 0250-022-26-0000 1360 CANTARA ST SFR 1.00 1 227.85 227.85 0250-022-27-0000 1590 ORQUESTA CT SFR 1.00 1 227.85 227.85 0250-022-28-0000 1580 ORQUESTA CT SFR 1.00 1 227.85 227.85 0250-022-29-0000 1570 ORQUESTA CT SFR 1.00 1 227.85 227.85 Willdan Financial Services Page 8 of 15
1.6.b
Packet Pg. 848 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
APN SITUS ADDRESS LAND USE EDU ZONE MAXIMUM
TAX CHARGE
City of Colton
Landscape and Lighting District No. 2
Fiscal Year 2023/2024
Applied Report (Sorted by Assessor Parcel Number "APN") 0250-022-30-0000 1560 ORQUESTA CT SFR 1.00 1 227.85 227.85 0250-022-31-0000 1550 ORQUESTA CT SFR 1.00 1 227.85 227.85 0250-022-32-0000 1540 ORQUESTA CT SFR 1.00 1 227.85 227.85 0250-022-33-0000 1530 ORQUESTA CT SFR 1.00 1 227.85 227.85 0250-022-34-0000 1520 ORQUESTA CT SFR 1.00 1 227.85 227.85 0250-022-35-0000 1510 ORQUESTA CT SFR 1.00 1 227.85 227.85 0250-022-36-0000 1500 ORQUESTA CT SFR 1.00 1 227.85 227.85 0250-022-37-0000 1365 CANTARA ST SFR 1.00 1 227.85 227.85 0250-022-38-0000 1355 CANTARA ST SFR 1.00 1 227.85 227.85 0250-022-39-0000 1345 CANTARA ST SFR 1.00 1 227.85 227.85 0250-022-40-0000 1335 CANTARA ST SFR 1.00 1 227.85 227.85 0250-022-41-0000 1505 POEMA DR SFR 1.00 1 227.85 227.85 0250-022-42-0000 1515 POEMA DR SFR 1.00 1 227.85 227.85 0250-022-43-0000 1525 POEMA DR SFR 1.00 1 227.85 227.85 0250-022-44-0000 1535 POEMA DR SFR 1.00 1 227.85 227.85 0250-022-45-0000 1545 POEMA DR SFR 1.00 1 227.85 227.85 0250-022-46-0000 1555 POEMA DR SFR 1.00 1 227.85 227.85 0250-022-47-0000 1565 POEMA DR SFR 1.00 1 227.85 227.85 0250-022-48-0000 1575 POEMA DR SFR 1.00 1 227.85 227.85 0250-022-49-0000 1585 POEMA DR SFR 1.00 1 227.85 227.85 0250-022-50-0000 1595 POEMA DR SFR 1.00 1 227.85 227.85 0250-022-51-0000 1590 POEMA DR SFR 1.00 1 227.85 227.85 0250-022-52-0000 1580 POEMA DR SFR 1.00 1 227.85 227.85 0250-022-53-0000 1570 POEMA DR SFR 1.00 1 227.85 227.85 0250-022-54-0000 1560 POEMA DR SFR 1.00 1 227.85 227.85 0250-022-55-0000 1550 POEMA DR SFR 1.00 1 227.85 227.85 0250-022-56-0000 1540 POEMA DR SFR 1.00 1 227.85 227.85 0250-022-59-0000 1516 POEMA DR SFR 1.00 1 227.85 227.85 0250-022-60-0000 1508 POEMA DR SFR 1.00 1 227.85 227.85 0250-022-61-0000 1500 POEMA DR SFR 1.00 1 227.85 227.85 0250-022-67-0000 1217 CANTARA ST SFR 1.00 1 227.85 227.85 0250-022-68-0000 1201 CANTARA ST SFR 1.00 1 227.85 227.85 0250-022-69-0000 1297 CANTARA ST SFR 1.00 1 227.85 227.85 0250-022-70-0000 1281 CANTARA ST SFR 1.00 1 227.85 227.85 0250-022-72-0000 1249 CANTARA ST SFR 1.00 1 227.85 227.85 0250-022-73-0000 1233 CANTARA ST SFR 1.00 1 227.85 227.85 0250-022-75-0000 1530 POEMA DR SFR 1.00 1 227.85 227.85 0250-022-76-0000 1526 POEMA DR SFR 1.00 1 227.85 227.85 0250-022-77-0000 1524 POEMA DR SFR 1.00 1 227.85 227.85 0250-023-02-0000 1515 JULIAN CT SFR 1.00 1 227.85 227.85 Willdan Financial Services Page 9 of 15
1.6.b
Packet Pg. 849 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
APN SITUS ADDRESS LAND USE EDU ZONE MAXIMUM
TAX CHARGE
City of Colton
Landscape and Lighting District No. 2
Fiscal Year 2023/2024
Applied Report (Sorted by Assessor Parcel Number "APN") 0250-023-03-0000 1525 JULIAN CT SFR 1.00 1 227.85 227.85 0250-023-04-0000 1535 JULIAN CT SFR 1.00 1 227.85 227.85 0250-023-05-0000 1545 JULIAN CT SFR 1.00 1 227.85 227.85 0250-023-06-0000 1555 JULIAN CT SFR 1.00 1 227.85 227.85 0250-023-07-0000 1565 JULIAN CT SFR 1.00 1 227.85 227.85 0250-023-08-0000 1575 JULIAN CT SFR 1.00 1 227.85 227.85 0250-023-09-0000 1585 JULIAN CT SFR 1.00 1 227.85 227.85 0250-023-10-0000 1595 JULIAN CT SFR 1.00 1 227.85 227.85 0250-023-11-0000 1590 JULIAN CT SFR 1.00 1 227.85 227.85 0250-023-12-0000 1580 JULIAN CT SFR 1.00 1 227.85 227.85 0250-023-13-0000 1570 JULIAN CT SFR 1.00 1 227.85 227.85 0250-023-14-0000 1560 JULIAN CT SFR 1.00 1 227.85 227.85 0250-023-15-0000 1550 JULIAN CT SFR 1.00 1 227.85 227.85 0250-023-16-0000 1540 JULIAN CT SFR 1.00 1 227.85 227.85 0250-023-17-0000 1530 JULIAN CT SFR 1.00 1 227.85 227.85 0250-023-18-0000 1520 JULIAN CT SFR 1.00 1 227.85 227.85 0250-023-19-0000 1510 JULIAN CT SFR 1.00 1 227.85 227.85 0250-023-21-0000 1505 JULIAN CT SFR 1.00 1 227.85 227.85 0250-023-24-0000 1500 JULIAN CT SFR 1.00 1 227.85 227.85 0250-034-01-0000 1440 SERENATA ST SFR 1.00 1 227.85 227.85 0250-034-02-0000 1430 SERENATA ST SFR 1.00 1 227.85 227.85 0250-034-03-0000 1420 SERENATA ST SFR 1.00 1 227.85 227.85 0250-034-04-0000 1410 SERENATA ST SFR 1.00 1 227.85 227.85 0250-034-05-0000 1400 SERENATA ST SFR 1.00 1 227.85 227.85 0250-034-06-0000 1048 BEL CANTO CT SFR 1.00 1 227.85 227.85 0250-034-07-0000 1062 BEL CANTO CT SFR 1.00 1 227.85 227.85 0250-034-08-0000 1074 BEL CANTO CT SFR 1.00 1 227.85 227.85 0250-034-09-0000 1086 BEL CANTO CT SFR 1.00 1 227.85 227.85 0250-034-10-0000 1098 BEL CANTO SFR 1.00 1 227.85 227.85 0250-034-11-0000 1099 BEL CANTO CT SFR 1.00 1 227.85 227.85 0250-034-12-0000 1087 BEL CANTO CT SFR 1.00 1 227.85 227.85 0250-034-13-0000 1075 BEL CANTO CT SFR 1.00 1 227.85 227.85 0250-034-14-0000 1063 BEL CANTO CT SFR 1.00 1 227.85 227.85 0250-034-15-0000 1049 BEL CANTO CT SFR 1.00 1 227.85 227.85 0250-034-16-0000 1000 CANTARA ST SFR 1.00 1 227.85 227.85 0250-034-17-0000 1016 CANTARA ST SFR 1.00 1 227.85 227.85 0250-034-18-0000 1048 CANTARA ST SFR 1.00 1 227.85 227.85 0250-034-19-0000 1064 CANTARA ST SFR 1.00 1 227.85 227.85 0250-034-20-0000 1080 CANTARA ST SFR 1.00 1 227.85 227.85 0250-034-21-0000 1096 CANTARA ST SFR 1.00 1 227.85 227.85 Willdan Financial Services Page 10 of 15
1.6.b
Packet Pg. 850 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
APN SITUS ADDRESS LAND USE EDU ZONE MAXIMUM
TAX CHARGE
City of Colton
Landscape and Lighting District No. 2
Fiscal Year 2023/2024
Applied Report (Sorted by Assessor Parcel Number "APN") 0250-034-22-0000 1100 CANTARA ST SFR 1.00 1 227.85 227.85 0250-034-23-0000 1116 CANTARA ST SFR 1.00 1 227.85 227.85 0250-034-24-0000 1132 CANTARA ST SFR 1.00 1 227.85 227.85 0250-034-25-0000 1148 CANTARA ST SFR 1.00 1 227.85 227.85 0250-034-26-0000 1164 CANTARA ST SFR 1.00 1 227.85 227.85 0250-034-27-0000 1180 CANTARA ST SFR 1.00 1 227.85 227.85 0250-034-28-0000 1196 CANTARA ST SFR 1.00 1 227.85 227.85 0250-034-29-0000 1197 CANTARA ST SFR 1.00 1 227.85 227.85 0250-034-30-0000 1181 CANTARA ST SFR 1.00 1 227.85 227.85 0250-034-31-0000 1165 CANTARA ST SFR 1.00 1 227.85 227.85 0250-034-32-0000 1149 CANTARA ST SFR 1.00 1 227.85 227.85 0250-034-33-0000 1133 CANTARA ST SFR 1.00 1 227.85 227.85 0250-034-34-0000 1117 CANTARA ST SFR 1.00 1 227.85 227.85 0250-034-35-0000 1081 CANTARA ST SFR 1.00 1 227.85 227.85 0250-034-36-0000 1065 CANTARA ST SFR 1.00 1 227.85 227.85 0250-034-37-0000 1049 CANTARA ST SFR 1.00 1 227.85 227.85 0250-034-38-0000 1033 CANTARA ST SFR 1.00 1 227.85 227.85 0250-034-39-0000 1017 CANTARA ST SFR 1.00 1 227.85 227.85 0250-034-40-0000 1001 CANTARA ST SFR 1.00 1 227.85 227.85 0250-042-01-0000 1370 CORO DR SFR 1.00 1 227.85 227.85
0250-042-02-0000 1380 CORO DR SFR 1.00 1 227.85 227.85
0250-042-03-0000 1390 CORO DR SFR 1.00 1 227.85 227.85
0250-042-04-0000 1395 CORO DR SFR 1.00 1 227.85 227.85
0250-042-05-0000 1385 CORO DR SFR 1.00 1 227.85 227.85
0250-042-06-0000 1375 CORO DR SFR 1.00 1 227.85 227.85
0250-042-07-0000 1370 CANTARA ST SFR 1.00 1 227.85 227.85 0250-042-08-0000 1380 CANTARA ST SFR 1.00 1 227.85 227.85 0250-042-09-0000 1501 ORQUESTA CT SFR 1.00 1 227.85 227.85 0250-042-10-0000 1507 ORQUESTA CT SFR 1.00 1 227.85 227.85 0250-042-11-0000 1513 ORQUESTA CT SFR 1.00 1 227.85 227.85 0250-042-12-0000 1519 ORQUESTA CT SFR 1.00 1 227.85 227.85 0250-042-13-0000 1525 ORQUESTA CT SFR 1.00 1 227.85 227.85 0250-042-14-0000 1410 ALTISSIMO LN SFR 1.00 1 227.85 227.85 0250-042-15-0000 1430 ALTISSIMO LN SFR 1.00 1 227.85 227.85 0250-042-16-0000 1450 ALTISSIMO LN SFR 1.00 1 227.85 227.85 0250-042-17-0000 1470 ALTISSIMO LN SFR 1.00 1 227.85 227.85 0250-042-18-0000 1490 ALTISSIMO LN SFR 1.00 1 227.85 227.85 0250-042-19-0000 1510 ALTISSIMO LN SFR 1.00 1 227.85 227.85 0250-042-20-0000 1530 ALTISSIMO LN SFR 1.00 1 227.85 227.85 0250-042-21-0000 1550 ALTISSIMO LN SFR 1.00 1 227.85 227.85 Willdan Financial Services Page 11 of 15
1.6.b
Packet Pg. 851 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
APN SITUS ADDRESS LAND USE EDU ZONE MAXIMUM
TAX CHARGE
City of Colton
Landscape and Lighting District No. 2
Fiscal Year 2023/2024
Applied Report (Sorted by Assessor Parcel Number "APN") 0250-042-22-0000 1570 ALTISSIMO LN SFR 1.00 1 227.85 227.85 0250-042-23-0000 1590 ALTISSIMO LN SFR 1.00 1 227.85 227.85 0250-042-24-0000 1545 CAMPANA CT SFR 1.00 1 227.85 227.85 0250-042-25-0000 1555 CAMPANA CT SFR 1.00 1 227.85 227.85 0250-042-26-0000 1565 CAMPANA CT SFR 1.00 1 227.85 227.85 0250-042-27-0000 1575 CAMPANA CT SFR 1.00 1 227.85 227.85 0250-042-28-0000 1585 CAMPANA CT SFR 1.00 1 227.85 227.85 0250-042-29-0000 1595 CAMPANA CT SFR 1.00 1 227.85 227.85 0250-042-30-0000 1590 CAMPANA CT SFR 1.00 1 227.85 227.85 0250-042-31-0000 1580 CAMPANA CT SFR 1.00 1 227.85 227.85 0250-042-32-0000 1570 CAMPANA CT SFR 1.00 1 227.85 227.85 0250-042-33-0000 1560 CAMPANA CT SFR 1.00 1 227.85 227.85 0250-042-34-0000 1550 CAMPANA CT SFR 1.00 1 227.85 227.85 0250-042-35-0000 1535 ALTISSIMO LN SFR 1.00 1 227.85 227.85 0250-042-36-0000 1515 ALTISSIMO LN SFR 1.00 1 227.85 227.85 0250-042-37-0000 1495 ALTISSIMO LN SFR 1.00 1 227.85 227.85 0250-042-38-0000 1475 ALTISSIMO LN SFR 1.00 1 227.85 227.85 0250-042-39-0000 1555 SOLISTA CIR SFR 1.00 1 227.85 227.85 0250-042-40-0000 1565 SOLISTA CIR SFR 1.00 1 227.85 227.85 0250-042-41-0000 1575 SOLISTA CIR SFR 1.00 1 227.85 227.85 0250-042-42-0000 1585 SOLISTA CIR SFR 1.00 1 227.85 227.85 0250-042-43-0000 1595 SOLISTA CIR SFR 1.00 1 227.85 227.85 0250-042-44-0000 1590 SOLISTA CIR SFR 1.00 1 227.85 227.85 0250-042-45-0000 1580 SOLISTA CIR SFR 1.00 1 227.85 227.85 0250-042-46-0000 1570 SOLISTA CIR SFR 1.00 1 227.85 227.85 0250-042-47-0000 1560 SOLISTA CIR SFR 1.00 1 227.85 227.85 0250-042-48-0000 1550 SOLISTA CIR SFR 1.00 1 227.85 227.85 0250-042-49-0000 1435 ALTISSIMO LN SFR 1.00 1 227.85 227.85 0250-042-50-0000 1415 ALTISSIMO LN SFR 1.00 1 227.85 227.85 0250-042-51-0000 1395 ALTISSIMO LN SFR 1.00 1 227.85 227.85 0250-042-52-0000 1385 ALTISSIMO LN SFR 1.00 1 227.85 227.85 0250-042-53-0000 1555 ORQUESTA CT SFR 1.00 1 227.85 227.85 0250-042-54-0000 1565 ORQUESTA CT SFR 1.00 1 227.85 227.85 0250-042-55-0000 1575 ORQUESTA CT SFR 1.00 1 227.85 227.85 0250-042-56-0000 1585 ORQUESTA CT SFR 1.00 1 227.85 227.85 0250-042-57-0000 1595 ORQUESTA CT SFR 1.00 1 227.85 227.85 0284-671-01-0000 2320 CRYSTAL RIDGE LN SFR 1.00 2 636.59 636.59 0284-671-02-0000 2340 CRYSTAL RIDGE LN SFR 1.00 2 636.59 636.59 0284-671-03-0000 3000 CRYSTAL RIDGE LN SFR 1.00 2 636.59 636.59 0284-671-04-0000 3010 CRYSTAL RIDGE LN SFR 1.00 2 636.59 636.59 Willdan Financial Services Page 12 of 15
1.6.b
Packet Pg. 852 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
APN SITUS ADDRESS LAND USE EDU ZONE MAXIMUM
TAX CHARGE
City of Colton
Landscape and Lighting District No. 2
Fiscal Year 2023/2024
Applied Report (Sorted by Assessor Parcel Number "APN") 0284-671-05-0000 3016 CRYSTAL RIDGE LN SFR 1.00 2 636.59 636.59 0284-671-06-0000 3022 CRYSTAL RIDGE LN SFR 1.00 2 636.59 636.59 0284-671-07-0000 3028 CRYSTAL RIDGE LN SFR 1.00 2 636.59 636.59 0284-671-08-0000 3034 CRYSTAL RIDGE LN SFR 1.00 2 636.59 636.59 0284-671-09-0000 3038 CRYSTAL RIDGE LN SFR 1.00 2 636.59 636.59 0284-671-10-0000 3040 CRYSTAL RIDGE LN SFR 1.00 2 636.59 636.59 0284-671-11-0000 3047 TIFFANY LN SFR 1.00 2 636.59 636.59 0284-671-12-0000 3043 TIFFANY LN SFR 1.00 2 636.59 636.59 0284-671-13-0000 3039 TIFFANY LN SFR 1.00 2 636.59 636.59 0284-671-14-0000 3035 TIFFANY LN SFR 1.00 2 636.59 636.59 0284-671-15-0000 3031 TIFFANY LN SFR 1.00 2 636.59 636.59 0284-671-16-0000 3029 TIFFANY LN SFR 1.00 2 636.59 636.59 0284-671-17-0000 3025 TIFFANY LN SFR 1.00 2 636.59 636.59 0284-671-18-0000 3017 TIFFANY LN SFR 1.00 2 636.59 636.59 0284-671-19-0000 3009 TIFFANY LN SFR 1.00 2 636.59 636.59 0284-671-20-0000 3001 TIFFANY LN SFR 1.00 2 636.59 636.59 0284-671-21-0000 2203 TIFFANY LN SFR 1.00 2 636.59 636.59 0284-671-22-0000 2225 TIFFANY LN SFR 1.00 2 636.59 636.59 0284-671-23-0000 2247 TIFFANY LN SFR 1.00 2 636.59 636.59 0284-671-24-0000 2269 TIFFANY LN SFR 1.00 2 636.59 636.59 0284-671-25-0000 2283 TIFFANY LN SFR 1.00 2 636.59 636.59 0284-671-26-0000 2299 TIFFANY LN SFR 1.00 2 636.59 636.59 0284-671-27-0000 2249 CARTIER CIR SFR 1.00 2 636.59 636.59 0284-671-28-0000 2251 CARTIER CIR SFR 1.00 2 636.59 636.59 0284-671-29-0000 2273 CARTIER CIR SFR 1.00 2 636.59 636.59 0284-671-30-0000 2285 CARTIER CIR SFR 1.00 2 636.59 636.59 0284-671-31-0000 2297 CARTIER CIR SFR 1.00 2 636.59 636.59 0284-671-32-0000 2289 BACCARAT CT SFR 1.00 2 636.59 636.59 0284-671-33-0000 2275 BACCARAT CT SFR 1.00 2 636.59 636.59 0284-671-34-0000 2267 BACCARAT CT SFR 1.00 2 636.59 636.59 0284-671-35-0000 2251 BACCARAT CT SFR 1.00 2 636.59 636.59 0284-671-36-0000 2216 BACCARAT CT SFR 1.00 2 636.59 636.59 0284-671-37-0000 2258 BACCARAT CT SFR 1.00 2 636.59 636.59 0284-671-38-0000 2264 BACCARAT CT SFR 1.00 2 636.59 636.59 0284-671-39-0000 2282 BACCARAT CT SFR 1.00 2 636.59 636.59 0284-671-40-0000 2295 WATERFORD WAY SFR 1.00 2 636.59 636.59 0284-671-41-0000 2287 WATERFORD WAY SFR 1.00 2 636.59 636.59 0284-671-42-0000 2271 WATERFORD WAY SFR 1.00 2 636.59 636.59 0284-671-43-0000 2253 WATERFORD WAY SFR 1.00 2 636.59 636.59 0284-671-44-0000 2231 WATERFORD WAY SFR 1.00 2 636.59 636.59 Willdan Financial Services Page 13 of 15
1.6.b
Packet Pg. 853 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
APN SITUS ADDRESS LAND USE EDU ZONE MAXIMUM
TAX CHARGE
City of Colton
Landscape and Lighting District No. 2
Fiscal Year 2023/2024
Applied Report (Sorted by Assessor Parcel Number "APN") 0284-671-45-0000 2217 WATERFORD WAY SFR 1.00 2 636.59 636.59 0284-672-01-0000 3046 CRYSTAL RIDGE LN SFR 1.00 2 636.59 636.59 0284-672-02-0000 3050 CRYSTAL RIDGE LN SFR 1.00 2 636.59 636.59 0284-672-03-0000 3056 CRYSTAL RIDGE LN SFR 1.00 2 636.59 636.59 0284-672-04-0000 3064 CRYSTAL RIDGE LN SFR 1.00 2 636.59 636.59 0284-672-05-0000 3068 CRYSTAL RIDGE LN SFR 1.00 2 636.59 636.59 0284-672-06-0000 3070 CRYSTAL RIDGE LN SFR 1.00 2 636.59 636.59 0284-672-07-0000 3076 CRYSTAL RIDGE LN SFR 1.00 2 636.59 636.59 0284-672-08-0000 3082 CRYSTAL RIDGE LN SFR 1.00 2 636.59 636.59 0284-672-09-0000 3086 CRYSTAL RIDGE LN SFR 1.00 2 636.59 636.59 0284-672-10-0000 3090 CRYSTAL RIDGE LN SFR 1.00 2 636.59 636.59 0284-672-11-0000 3094 CRYSTAL RIDGE LN SFR 1.00 2 636.59 636.59 0284-672-12-0000 3098 CRYSTAL RIDGE LN SFR 1.00 2 636.59 636.59 0284-672-13-0000 2280 TIFFANY LN SFR 1.00 2 636.59 636.59 0284-672-14-0000 2270 TIFFANY LN SFR 1.00 2 636.59 636.59 0284-672-15-0000 2260 TIFFANY LN SFR 1.00 2 636.59 636.59 0284-672-16-0000 3091 TIFFANY LN SFR 1.00 2 636.59 636.59 0284-672-17-0000 3087 TIFFANY LN SFR 1.00 2 636.59 636.59 0284-672-18-0000 3083 TIFFANY LN SFR 1.00 2 636.59 636.59 0284-672-19-0000 3079 TIFFANY LN SFR 1.00 2 636.59 636.59 0284-672-20-0000 3071 TIFFANY LN SFR 1.00 2 636.59 636.59 0284-672-21-0000 3067 TIFFANY LN SFR 1.00 2 636.59 636.59 0284-672-22-0000 3065 TIFFANY LN SFR 1.00 2 636.59 636.59 0284-672-23-0000 3063 TIFFANY LN SFR 1.00 2 636.59 636.59 0284-672-24-0000 3059 TIFFANY LN SFR 1.00 2 636.59 636.59 0284-672-25-0000 3051 TIFFANY LN SFR 1.00 2 636.59 636.59 0284-672-26-0000 2218 WATERFORD WAY SFR 1.00 2 636.59 636.59 0284-672-27-0000 2236 WATERFORD WAY SFR 1.00 2 636.59 636.59 0284-672-28-0000 2254 WATERFORD WAY SFR 1.00 2 636.59 636.59 0284-672-29-0000 2272 WATERFORD WAY SFR 1.00 2 636.59 636.59 0284-672-30-0000 2288 WATERFORD WAY SFR 1.00 2 636.59 636.59 0284-672-31-0000 2296 WATERFORD WAY SFR 1.00 2 636.59 636.59 0284-672-32-0000 2221 LALIQUE CIR SFR 1.00 2 636.59 636.59 0284-672-33-0000 2249 LALIQUE CIR SFR 1.00 2 636.59 636.59 0284-672-34-0000 2265 LALIQUE CIR SFR 1.00 2 636.59 636.59 0284-672-35-0000 2283 LALIQUE CIR SFR 1.00 2 636.59 636.59 0284-672-36-0000 2291 LALIQUE CIR SFR 1.00 2 636.59 636.59 0284-672-37-0000 2220 LALIQUE CIR SFR 1.00 2 636.59 636.59 0284-672-38-0000 2240 LALIQUE CIR SFR 1.00 2 636.59 636.59 0284-672-39-0000 2260 LALIQUE CIR SFR 1.00 2 636.59 636.59 Willdan Financial Services Page 14 of 15
1.6.b
Packet Pg. 854 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing)
APN SITUS ADDRESS LAND USE EDU ZONE MAXIMUM
TAX CHARGE
City of Colton
Landscape and Lighting District No. 2
Fiscal Year 2023/2024
Applied Report (Sorted by Assessor Parcel Number "APN") 0284-672-40-0000 2280 LALIQUE CIR SFR 1.00 2 636.59 636.59 0284-672-41-0000 2298 LALIQUE CIR SFR 1.00 2 636.59 636.59 0284-672-42-0000 3079 CRYSTAL RIDGE LN SFR 1.00 2 636.59 636.59 0284-672-43-0000 3087 CRYSTAL RIDGE LN SFR 1.00 2 636.59 636.59 0284-672-44-0000 3093 CRYSTAL RIDGE LN SFR 1.00 2 636.59 636.59 0284-672-45-0000 3092 TIFFANY LN SFR 1.00 2 636.59 636.59 0284-672-46-0000 3088 TIFFANY LN SFR 1.00 2 636.59 636.59 0284-672-47-0000 3084 TIFFANY LN SFR 1.00 2 636.59 636.59 Summary Fields Value
APN total count: 568
EBU/EDU total sum: 568.00
MAXIMUM TAX total sum: $176,015.16
CHARGE total sum: $176,015.16
Willdan Financial Services Page 15 of 15
1.6.b
Packet Pg. 855 Attachment: Exhibit B - Reso. No. R-53-23 Approving the Engineer's Report (4096 : LLMD II Public Hearing) Exhibit C
Resolution R-54-23
PUBLIC HEARING ORDERING THE LEVY
1.6.c
Packet Pg. 856 Attachment: Exhibit C - Reso. No. R-54-23 PUBLIC HEARING APPROVING THE LEVY (4096 : LLMD II Public Hearing) 1 2
3 4
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7 8
9 10
11 12
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RESOLUTION NO. R-54-23
A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA, ORDERING THE
LEVY AND COLLECTION OF ASSESSMENTS FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. II FOR FISCAL YEAR 2023/2024.
WHEREAS, the City of Colton (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the City Council of the City of Colton, California, has, by previous Resolutions, initiated proceedings for the Colton Landscape and Lighting Maintenance Assessment District No. II (“District”), declared its intention to levy assessments for Fiscal Year 2023/2024, and approved the Engineer’s Annual Levy Report (Engineer’s Report) that describes the assessments against parcels of land within for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, (commencing with Section 22500) (“Act”) to pay for the maintenance services of improvements and facilities related thereto; and,
WHEREAS, the Engineer’s Report has been prepared and filed with the City Clerk, and the City Clerk has presented to the City Council said Engineer’s Report in connection with the proposed levy and collection assessments upon eligible parcels of land within the District and the City Council did by previous Resolution approve such Engineer’s Report, and; WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024, to pay for the maintenance and services of improvements and facilities related thereto.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
Section 1 Following notice duly given, the City Council has held a full and fair public hearing regarding the District, the levy and collection of assessments, the Engineer’s Report prepared in connection therewith, and considered oral and written statements, protests and communications made or filed by interested persons regarding these matters.
Section 2 Based upon its review of the Engineer’s Report (and amendments, as applicable), the City Council hereby finds and determines that:
The land parcels within the District will be benefited by the operation, maintenance and servicing of the improvements located within the boundaries of the District; and, The District includes the parcels of land so benefited; and, The net amount to be assessed upon the parcels of land within the District for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024 is apportioned by a formula and method which fairly distributes the net amount among eligible parcels in proportion to the estimated special benefits to be received by each parcel from the improvements and services.
1.6.c
Packet Pg. 857 Attachment: Exhibit C - Reso. No. R-54-23 PUBLIC HEARING APPROVING THE LEVY (4096 : LLMD II Public Hearing) 1 2
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Section 3 The Engineer’s Report and assessments as presented to the City Council and on file in the Office of the City Clerk are hereby confirmed as filed.
Section 4 The maintenance, operation and servicing of the improvements shall be performed pursuant to the Act. The City Council hereby orders the proposed improvements to be made and maintained as set forth in the Engineer’s Report.
Section 5 The City Council has maintained Wildan Financial Services for the purpose of assisting with the Annual Levy of the District, and is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution, pursuant to Chapter 4, Article 1, Section 22641 of the Act.
Section 6 The County Auditor of the County of San Bernardino shall enter on the County Assessment Roll opposite each eligible parcel of land the amount of levy so apportioned by the formula and method outlined in the Engineer’s Report, and such levies shall be collected at the same time and in the same manner as the County taxes are collected, pursuant to Chapter 4, Article 2, Section 22646 of the Act. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.
Section 7 The City Treasurer shall deposit money representing assessments collected by the County for the District to the credit of a fund for the City of Colton Landscape and Lighting Maintenance District No. II, and such money shall be expended only for the maintenance, operation and servicing of the improvements described in the Engineer’s Report.
Section 8 The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024.
PASSED, APPROVED AND ADOPTED THIS 20
st DAY OF JUNE 2023.
_______________________________
Frank J. Navarro
Mayor
ATTEST:
__________________________________
Carolina R. Padilla
City Clerk
1.6.c
Packet Pg. 858 Attachment: Exhibit C - Reso. No. R-54-23 PUBLIC HEARING APPROVING THE LEVY (4096 : LLMD II Public Hearing) ITEM NO. 7
STAFF REPORT
DATE: JUNE 20, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TOM CODY, HUMAN RESOURCES DIRECTOR
SUBJECT: WAIVE FULL READING , READ BY TITLE ONLY AND PASS FIRST READING OF ORDINANCE 0-07-23 AND APPROVE AND
ADOPT RESOLUTION R-61-23, INCREASING COUNCIL
SALARY/AUTO ALLOWANCE/MEDICAL CONTRIBUTION,
ORDINANCE NO. O-07-23 & RESOLUTION NO. R-61-23.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
(1) Review and conduct first reading, by title only, of Ordinance No.0-07-23. An Ordinance of the City Council of the City of Colton, California, Amending Colton Municipal Code Sections 2.12.010, 2.12.020, 2.12.030, and 2.12.050 Increasing City Clerk and City Treasurer Salary and City Council and Mayor Salary and Automobile Allowance. (2) Adopt Resolution No. R-61-23 Setting Forth the Compensation and Benefits of Elected Officials to Increase the Health Allowance and make other Conforming Changes.
BACKGROUND/SUMMARY
In 1988, the City Council adjusted the amount of monthly compensation for City Councilmembers and the Mayor to $400. In 1999, the City Council adopted a resolution establishing a monthly auto allowance of $500 for the Mayor and City Council. In 2009, the City Council adopted an ordinance to temporarily reduce this monthly compensation to $380 per month during the 2009-10 fiscal year, but Councilmembers and the Mayor voluntarily were paid this lower rate for several more years. In 2011, the City Council codified a reduced automobile allowance in the amount of $220 in addition to the $400 per month salary.
7 Packet Pg. 859
Staff Report to the Mayor and City Council
Ordinance 0-07-23 and Resolution R-63- increasing Council salary/auto allowance/medical contribution
June 20, 2023
The City Clerk and City Treasurer salaries were last adjusted in 1979 and set at $370 per month and $225 per month, respectively.
The proposed ordinance would increase the City Council and Mayor salaries and automobile allowance as well as the City Clerk and City Treasurer salaries by 10%, in line with compensation increases recently approved for City employees. This increase is in compliance with the Government Code.
Resolution No. R-01-15 currently identifies the supplemental compensation provided to the City Treasurer for additional responsibilities designated by the City Council and sets forth the various benefits extended to Elected Officials, including a health allowance. Consistent with City policy, and applicable laws, the health allowance for Elected Officials is aligned with the health allowance provided to members of the non-represented executive group, subject to applicable limitations. The proposed Resolution No. R-61-23 amends and supersedes Resolution No. R-01-15 to update the supplemental compensation available to the City Treasurer and increases the health allowance for Elected Officials.
ISSUES/ANALYSIS
City Council Salary Established
In general law cities, City Council salary is governed by Government Code section 36516, which allows a City Council to establish by ordinance a salary up to a ceiling determined by the city’s population. The electorate may approve a higher salary. A directly elected Mayor may receive additional compensation with the consent of the electorate or by City Council Ordinance. As noted above, the current salary for both City Councilmembers and the Mayor is $400 per month.
City Council Salary Adjustments
By Ordinance, a City Council may increase Councilmember and Mayor salaries beyond the ceiling determined by population. However, the amount of increase may not exceed an amount equal to 5% for each calendar year from the operative date of the last adjustment of the salary in effect when the Ordinance or amendment was enacted. The Attorney General has opined that the 5% increase is non-compounded (5% multiplied by the number of years since last salary adjustment). Ordinances cannot provide for automatic salary increases for council members. (Gov. Code, § 36516(a)(4).) As such, in order to increase compensation, an Ordinance must be adopted. Here, the proposed Ordinance would increase the City Councilmember and Mayor salaries by 10% - from $400 per month to $440 per month. This increase is well under the amount allowable by the Government Code.
7 Packet Pg. 860
Staff Report to the Mayor and City Council
Ordinance 0-07-23 and Resolution R-63- increasing Council salary/auto allowance/medical contribution
June 20, 2023
Any salary increase may take effect only when at least one member of the City Council commences a new term. Here, the Council salaries will increase when a new term begins following the November 2024 election.
Automobile Allowance
According to a 2010 Attorney General Opinion, a city may provide a vehicle allowance to its Councilmembers in lieu of reimbursing actual vehicle expenses after such expenses are incurred.
Such allowance should be adopted by resolution or ordinance.
The proposed Ordinance would increase the each City Councilmembers’ and the Mayor’s automobile allowance by 10% from $220 per month to $242 per month. The automobile allowance increase would take effect on the effective date of the proposed Ordinance.
City Clerk and City Treasurer Salaries
The City Clerk and the City Treasurer, in a general-law city, must receive, at stated times, a compensation fixed by Ordinance or Resolution. (Gov. Code, § 36517). The prohibition on midterm adjustments for Councilmember and Mayor salary does not extend to the City Clerk or City Treasurer.
The proposed Ordinance would increase the City Clerk salary by 10% from $370 per month to $407 per month. The City Treasurer salary would also be increased 10% from $225 per month to $247.50. The City Clerk and City Treasurer salary increase would take effect on the proposed Ordinance’s effective date.
The proposed Resolution No. R-61-23 adjusts the monthly supplemental compensation for the City Treasurer by $222.50 for a total of $2,447.50 for additional responsibilities designated by the City Council.
Health Allowance
Consistent with City policy, and applicable law, the proposed Resolution No. R-61-23 increases the health allowance for Elected Officials by an additional $200 per month, to a total monthly allowance of $1,425. While the increase will be effective July 1, 2023 for the City Clerk and City Treasurer, the effective date for the Mayor and City Council shall be deferred until a member of the City Council begins a new term of office in December of 2024 in order to comply with the provisions of Government Code section 36515.5.
In addition, the proposed Resolution No. R-61-23 clarifies that the health allowance is inclusive, not in addition, to the minimum contribution that the City must make towards the cost of any 7 Packet Pg. 861
Staff Report to the Mayor and City Council
Ordinance 0-07-23 and Resolution R-63- increasing Council salary/auto allowance/medical contribution
June 20, 2023
CalPERS health plan in which an Elected Official enrolls. For 2023, the minimum contribution is $151 per month.
ENVIRONMENTAL DETERMINATION
The City Council’s action to approve the salary and automobile allowance increases is not a project subject to the California Environmental Quality Act, as it can be seen with certainty that the action will not have a significant effect on the environment pursuant to CEQA Guideline 15061(b)(3).
FISCAL IMPACT
If approved, upon full implementation, the annual increases would be as follows:
Title Salary
Supp.
Salary
Car
Allowance
Health
Allowance
Net
Increase
Employer
Medicare
Employer
PERS TOTAL
Mayor
480.00
-
264.00
2,400.00
3,144.00
45.59 55.87
3,245.46
D1
480.00
-
264.00
2,400.00
3,144.00
45.59 55.87
3,245.46
D2
480.00
-
264.00
2,400.00
3,144.00
45.59 55.87
3,245.46
D3
480.00
-
264.00
2,400.00
3,144.00
45.59 55.87
3,245.46
D4
480.00
-
264.00
2,400.00
3,144.00
45.59 55.87
3,245.46
D5
480.00
-
264.00
2,400.00
3,144.00
45.59 55.87
3,245.46
Treasurer
270.00
2,670.00
264.00
2,400.00
5,604.00
81.26 342.22
6,027.47
City Clerk
444.00
-
264.00
2,400.00
3,108.00
45.07 51.68
3,204.75
TOTAL
3,594.00
2,670.00
2,112.00
19,200.00
27,576.00
399.85 729.13
28,704.98
The above increases would result in an additional General Fund expense of $28,704.98 annually upon final implementation for all increases.
ATTACHMENT:
1. Ordinance No. 0-07-23
2. Resolution No. 61-23
7 Packet Pg. 862
Staff Report to the Mayor and City Council
Ordinance 0-07-23 and Resolution R-63- increasing Council salary/auto allowance/medical contribution
June 20, 2023
ATTACHMENT
1. Colton - Ordinance No 0-07-23 Increasing City Council City Clerk City Treasurer Compensation-c1 TC Final
2. 6-14-23 Final Resolution R-61-23 City of Colton Elected Officials Compensation and Benefits-c1 (004) TC
7 Packet Pg. 863
23152.01100\41295899.2
ORDINANCE NO. 0-07-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COLTON, CALIFORNIA, AMENDING COLTON MUNICIPAL
CODE SECTIONS 2.12.010, 2.12.020, 2.12.030, AND
2.12.050 INCREASING CITY CLERK AND CITY
TREASURER SALARY AND CITY COUNCIL AND MAYOR
SALARY AND AUTOMOBILE ALLOWANCE.
WHEREAS, the City of Colton, California (“City”) is a general law city organized and existing under the Constitution and laws of the State of California.
WHEREAS, California Government Code section 36516 provides a method by which salaries for members of the City Council are established and increased.
WHEREAS, California Government Code Section 36516(a) authorizes the City Council to enact an ordinance providing that each member of the City Council shall receive a salary based on the population of the City.
WHEREAS, California Government Code Section 36516(a)(4) further authorizes the City Council to increase City Council salaries beyond the amount based on the population of the City, so long as such increase does not exceed an amount equal to five percent (5%) for each calendar year from the operative date of the last adjustment of salary.
WHEREAS, Colton Municipal Code Sections 2.12.030 and 2.12.050 establish the salary for city councilmembers and the mayor, respectively.
WHEREAS, the city councilmember and mayor salary, adopted in 2011 pursuant to Ordinance No. No. O-01-11 is currently set at $400 per month, plus $220 per month in auto allowance.
WHEREAS, the City Council has not elected to increase or adjust the salary for the City Council in twelve years.
WHEREAS, Government Code section 36517 allows the City Council to fix City Clerk and City Treasurer salaries by ordinance or resolution.
WHEREAS, Colton Municipal Code Sections 2.12.010 and 2.12.020 establish the salary for the city clerk and city treasurer, respectively.
WHEREAS, in line with recent City employee salary increases, the City Council desires to also increase the salaries for the City Clerk, City Treasurer, City Council, and Mayor by amending Colton Municipal Code sections 2.12.010, 2.12.020, 2.12.030, and
2.12.050.
WHEREAS, the City Council desires to similarly increase the automobile allowance for City Council and the Mayor.
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Packet Pg. 864 Attachment: Colton - Ordinance No 0-07-23 Increasing City Council City Clerk City Treasurer Compensation-c1 TC Final (4118 : Ordinance 0-07- 23152.01100\41295899.2
WHEREAS, the proposed salary increases are in compliance with the Government Code.
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.
NOW THEREFORE, the City Council of the City of Colton, California, does hereby ordain as follows:
SECTION 1. Incorporation of Recitals. The Recitals herein are true and correct and an incorporated herein by this reference.
SECTION 2. Amendment to Municipal Code. Colton Municipal Code Chapter
2.12 Compensation of City Officials—Bonds, Section 2.12.010 City Clerk is amended to read as follows:
“2.12.010 - City Clerk.
As consideration for those duties required by State Law to be performed by the City Clerk, the City Clerk Shall be paid a salary of four hundred and seven dollars ($407) per Month, payable at the time and in the manner that other salaries of the City are paid.
The City Council may also, in its sole discretion, assign to the City Clerk, through the adoption of a job description, any other supplemental duties reasonably related to the elected City Clerk position, and may provide by Resolution for the oversight of such supplemental duties and for supplemental compensation to be paid for such supplemental duties. The City Council may also provide for such duties to be terminated in any manner it deems necessary. The City Clerk's acceptance and performance of the supplemental duties and supplemental compensation shall not give the City Clerk tenure at the City or otherwise confer regular employment status upon the City Clerk.” SECTION 3. Amendment to Municipal Code. Colton Municipal Code Chapter
2.12 Compensation of City Officials—Bonds, Section 2.12.020 City Treasurer is amended to read as follows:
“2.12.020 - City Treasurer.
The Treasurer of the City shall be paid a salary of two hundred forty seven dollars and fifty cents ($247.50) per month payable at the time and in the manner that other salaries are paid. The City Council may provide by Resolution for supplemental compensation.”
SECTION 4. Amendment to Municipal Code. Colton Municipal Code Chapter
2.12 Compensation of City Officials—Bonds, Section 2.12.030 City Council members is amended to read as follows:
“2.12.030 - City Council members.
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Packet Pg. 865 Attachment: Colton - Ordinance No 0-07-23 Increasing City Council City Clerk City Treasurer Compensation-c1 TC Final (4118 : Ordinance 0-07- 23152.01100\41295899.2
The salary of each member of the City Council is fixed at four hundred forty dollars ($440) per month. In addition, each member of the City Council shall receive an auto allowance of two hundred forty two dollars ($242) per month.” SECTION 5. Amendment to Municipal Code. Colton Municipal Code Chapter
2.12 Compensation of City Officials—Bonds, Section 2.12.050 Mayor is amended to read as follows:
“2.12.050 - Mayor.
The salary of the Mayor of the City is fixed at four hundred forty dollars ($440) per month. In addition, the Mayor shall receive an auto allowance of two hundred forty two dollars ($242) per month.”
SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 7. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this Ordinance is found to be invalid by a court of competent jurisdiction, the balance of this Ordinance shall not be affected.
SECTION 8. Certification and Publication. The City Clerk of the City of Colton shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under California Government Code Section 36933.
SECTION 9. CEQA. The City Council finds that adoption of this Ordinance is not a “project,” as defined in the California Environmental Quality Act because it does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment pursuant to CEQA Guideline 15061(b)(3) and concerns general policy and procedure making.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Colton, California on the 20 day of JUne, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
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Packet Pg. 866 Attachment: Colton - Ordinance No 0-07-23 Increasing City Council City Clerk City Treasurer Compensation-c1 TC Final (4118 : Ordinance 0-07- 23152.01100\41295899.2
____________________________________
FRANK J. NAVARRO, MAYOR
ATTEST:
______________________________________
STEPHANIE M. VARGAS, DEPUTY CITY CLERK
APPROVED AS TO FORM:
____________________________
CARLOS CAMPOS, CITY ATTORNEY
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Packet Pg. 867 Attachment: Colton - Ordinance No 0-07-23 Increasing City Council City Clerk City Treasurer Compensation-c1 TC Final (4118 : Ordinance 0-07- 23152.01100\41295899.2
State of California )
County of San Bernardino ) s.s.
City of Colton )
I, Stephanie M. Vargas, Deputy City Clerk, hereby certify that the foregoing is a true copy of Ordinance No. ____, introduced at a regular meeting held on the 20th day of June 2023, and duly adopted by the City Council of the City of Colton, California at a regular meeting thereof held the _____ day of _____________________, 2023.
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
STEPHANIE M. VARGAS, DEPUTY
CITY CLERK
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Packet Pg. 868 Attachment: Colton - Ordinance No 0-07-23 Increasing City Council City Clerk City Treasurer Compensation-c1 TC Final (4118 : Ordinance 0-07- RESOLUTION NO. R-61-23
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COLTON CALIFORNIA SETTING FORTH THE
COMPENSATION AND BENEFITS OF ELECTED
OFFICIALS
WHEREAS, the City of Colton ("City") by way of Resolution No. R-20-11 established a separate resolution governing the compensation and benefits for elected officials;
WHEREAS, Resolution No. R-20-11 was subsequently amended and replaced by Resolution No. R-01-15;
WHEREAS, the City has recently renegotiated and amended the benefits for its various employee groups;
WHEREAS, the City now desires to amend the health coverage provided for its elected officials consistent with other employees;
WHEREAS, this Resolution No. R-61-23 shall be for the Elected Officials and shall supersede Resolution No. R-01-15 in its entirety; and;
WHEREAS, this Resolution does not govern the compensation of Elected Officials, which is governed by Colton Municipal Code Chapter 2.12.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLTON AS FOLLOWS:
ARTICLE I
GENERAL PROVISIONS
SECTION 1. Title of Resolution. This Resolution shall be known as the Compensation and Benefits Resolution for Elected Officials of the City of Colton.
SECTION 2. Term of Resolution. This Resolution shall remain in full force and effect until modified or terminated by action of the City Council.
SECTION 3. Statement of Purpose. This Resolution is adopted to provide a comprehensive listing of the benefits to be provided to Elected Officials. Future updates to the Elected Officials benefits governed by this resolution shall be made consistent to changes to the Non-Represented Executive Group to the extent permitted by law.
SECTION 4. Elected Officials. The Elected Officials governed by this Resolution shall include those persons occupying the following elected positions, whether elected or appointed in accordance with applicable law:
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Packet Pg. 869 Attachment: 6-14-23 Final Resolution R-61-23 City of Colton Elected Officials Compensation and Benefits-c1 (004) TC (4118 : Ordinance 0-07-23 Mayor
Council Members
City Clerk
City Treasurer
SECTION 5. Dual Roles. If an Elected Official also occupies another position with the City or is a retiree from the City, he or she may receive all benefits from each role, but shall not receive duplicate benefits from the dual roles.
ARTICLE II
COMPENSATION
SECTION 1. Mayor and Council Members Compensation - Not Governed by this Resolution. Compensation for the Mayor and Council Members is governed by Colton Municipal Code Sections 2.12.050 and 2.12.030, respectively.
SECTION 2. City Clerk and City Treasurer Base Compensation - Not Governed by this Resolution. The compensation for the City Clerk and City Treasurer is governed by Colton Municipal Code Sections 2.12.010 and 2.12.020, respectively.
SECTION 3. City Treasurer - Supplemental Compensation. Colton Municipal Code Section 2.12.020 authorizes the City Council to provide, by resolution, supplemental compensation to the City Treasurer for performing additional responsibilities. Effective upon the approval of this resolution, the supplemental salary for the City Treasurer shall be increased by two hundred dollars ($200) per month, for a total of two thousand two hundred dollars ($2,200) per month, in addition to the sum provided by Colton Municipal Code Section 2.12.020, for a combined salary of two thousand four hundred forty seven dollars and fifty cents ($2,447.50) per month. Should the City Treasurer cease to perform the additional responsibilities designated by the Council, the City may choose to reduce or eliminate the City Treasurer's supplemental salary.
ARTICLE III
BENEFITS
SECTION 1. Retirement — CalPERS. The City shall provide Elected Officials with retirement benefits, as currently specified under the city's applicable contracts with the Public Employees' Retirement System (CalPERS) and consistent with the provisions of the Public Employees' Pension Reform Act of 2013 (PEPRA). (a) Classic Members. Any Elected Official that established CaIPERS membership prior to the implementation of the Public Employees' Pension Reform Act of 2013 (PEPRA) in connection with City employment or that otherwise establishes "classic member" status, as defined in Section 579.1 of Title 2 of the California Code of Regulations, shall be subject to one of the following pre-PEPRA retirement formulas determined on the
7.b
Packet Pg. 870 Attachment: 6-14-23 Final Resolution R-61-23 City of Colton Elected Officials Compensation and Benefits-c1 (004) TC (4118 : Ordinance 0-07-23 basis of the date on which they elected to be an optional member of CalPERS pursuant to the City's retirement contract: 2.7% at 55 or 2.5% at 55. The normal member contribution applicable to members participating in these retirement formulas continues to be 8% which shall be paid in full by the Elected Official.
(b) New Members. Any Elected Official that is considered a "new member" as defined in PEPRA and which elects to be an optional member of CalPERS shall be subject to the PEPRA retirement formula for miscellaneous members of 2% at 62 (with a maximum of 2.5% at 67). PEPRA requires "new members" to contribute 50% of the annual actuarially determined normal cost attributable to the applicable retirement plan in which they are enrolled (i.e., 2% at 62), rounded to the nearest quarter of 1 percent. This mandatory employee contribution amount is set by CalPERS on an annual basis.
SECTION 2. Retirement — CalPERS Fourth Level Survivor Benefit. The City will provide CalPERS 1959 Fourth Level Survivor benefits to all Elected Officials that opt to enroll in CalPERS, as set forth in Sections 21571 - 21583 of the Government Code.
SECTION 3. Retirement — Retiree Medical. Pursuant to Resolution 91-96, Elected Officials are not entitled to retiree medical benefits under Resolution 115-91 if first elected on or after August 20, 1996. If first elected prior to August 20, 1996, such benefits are to be provided if such officials meet the requirements of Resolutions 115-91 and 91-96, including retiring from City service under applicable CalPERS rules and regulations.
SECTION 4. Retirement — Social Security. In the event the City and its employees are required to participate in the Federal Social Security Program, the contribution designated by law to be the responsibility of the employee shall be paid in full by the Elected Officials and the City shall not be obligated to pay or "pick up" any portion thereof.
SECTION 5. Medicare. On or after April 1, 1986, Elected Officials shall be required to pay the designated employee contribution to participate in the Medicare Program, and the City shall be under no obligation to pay or "pick up" any such contributions.
SECTION 6. Mayor and Council Members Auto Allowance - Not Governed by this Resolution. The Auto Allowance for the Mayor and Council Members is governed by Colton Municipal Code Sections 2.12.050 and 2.12.030, respectively.
SECTION 7. City Clerk and City Treasurer Auto Allowance. The City Clerk and City Treasurer shall each receive an auto allowance in the amount of two-hundred and forty-two dollars ($242) per month.
SECTION 8. Health Insurance — Mayor and Council Members. The City shall provide the Mayor and Council Members a monthly health benefit allowance of one thousand two hundred twenty-five dollars ($1,225) outside of the City's Section 125
7.b
Packet Pg. 871 Attachment: 6-14-23 Final Resolution R-61-23 City of Colton Elected Officials Compensation and Benefits-c1 (004) TC (4118 : Ordinance 0-07-23 cafeteria benefit plan, and such amount shall not be available towards the purchase of permissible benefits thereunder. Effective on the day that a member of the City Council begins a new term of office after July 1, 2023, the health allowance shall be increased by two hundred dollars ($200) for a total monthly health allowance of one thousand four hundred twenty-five ($1,425).
Except as herein provided, the Mayor and Council Member’s health benefit allowance shall be applied toward the cost of their respective premiums for group health coverage. In the event the Mayor or a Council Member is receiving comparable health benefits under another group health plan and he or she provides substantiation of such alternate health coverage, the City shall direct the contribution of such unused allowance to the City's Section 457 Deferred Compensation Plan on their behalf in an amount equal to the unused health allowance. The City shall require verification of alternate health coverage on an annual basis, prior to the beginning of the annual enrollment period. Any newly eligible Mayor or Council Members shall be required to comply with these substantiation procedures upon becoming eligible to receive the health benefit allowance.
If, at any time, the Mayor and a Council Member fails to provide verification of alternate health coverage, he or she shall be automatically enrolled in the City's group health plan and the health allowance shall be applied toward the cost of health premiums. In the event the cost of health coverage for the Mayor or a Council Member receiving health benefits is less than the allowance, the unused portion of the allowance shall be contributed to the City's 457 Plan on their behalf. The allocation of the unused health allowance shall be at the sole discretion of the City.
To the extent that the Mayor or a Council Members enrolled in a health plan offered pursuant to the Public Employees’ Medical and Health Care Act (PEMHCA), as administered by CalPERS), the health allowance shall be inclusive of, not in addition to, the minimum employer contribution (MEC) required pursuant to Section 22892(b) of the Government Code.
SECTION 9. Health Insurance — City Clerk and City Treasurer. The City Clerk and City Treasurer may participate in the City's Section 125 cafeteria benefit plan. Under the cafeteria plan, they will receive a monthly allowance of one thousand two hundred twenty-five ($1,225), from which they can choose health insurance, dental insurance and vision. Effective July 1, 2023, the health allowance shall be increased by two hundred dollars ($200) for a total monthly health allowance of one thousand four hundred twentyfive ($1,425).
To the extent that the City Clerk or City Treasurer is enrolled in a health plan offered pursuant to the Public Employees’ Medical and Health Care Act (PEMHCA), as administered by CalPERS), the health allowance shall be inclusive of, not in addition to, the minimum employer contribution (MEC) required pursuant to Section 22892(b) of the Government Code.
In addition, supplemental insurance opportunities will be provided in order for employees to purchase supplemental medical insurance and childcare coverage through
7.b
Packet Pg. 872 Attachment: 6-14-23 Final Resolution R-61-23 City of Colton Elected Officials Compensation and Benefits-c1 (004) TC (4118 : Ordinance 0-07-23 pre-tax dollars. The cafeteria allowance is established by the City Council. Any changes made to the cafeteria allowance shall be provided to the City Clerk and City Treasurer, as is required under IRS Section 125 rules and regulations. On January 1, 2006, the maximum differential provided to the employee may cap out at $500. In those instances where the employee's medical insurance premium is less than the City's monthly contribution, the difference between said cafeteria dollar amounts shall be provided in the form of a bi-monthly cash disbursement (payable 24 times per year). Cash disbursement to the employee is subject to tax, pursuant to the tax codes.
SECTION 10. Term Life Insurance. The City shall provide Elected Officials with term life insurance coverage in the amount of one hundred thousand dollars ($100,000).
A monthly amount, in accordance with IRS Publication 15-B, will be added as taxable income for the additional fifty thousand dollars ($50,000) coverage over the I.R.S. threshold for a taxable benefit.
SECTION 11. Annual Physical Examination/Medical Reimbursement. The City shall provide an annual (fiscal year) physical allowance of one thousand dollars ($1,000) to the Elected Officials, to include reimbursement for non-covered medical, dental, or vision expenses and/or deductibles for employee and covered dependents.
ARTICLE IV
MISCELLANEOUS TERMS
SECTION 1. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 2. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 3. Certification. The City Clerk shall certify as to the adoption of this Resolution, and it shall be effective as of the date passed, approved and adopted.
PASSED, APPROVED and ADOPTED by the City Council of the City of Colton at a regular meeting of said Council held on the 20 of June, 2023, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
7.b
Packet Pg. 873 Attachment: 6-14-23 Final Resolution R-61-23 City of Colton Elected Officials Compensation and Benefits-c1 (004) TC (4118 : Ordinance 0-07-23 City of Colton
Frank Navarro, Mayor
ATTEST:
Stephanie Vargas, Deputy City Clerk
APPROVED AS TO FORM:
Carlos Campos, City Attorney
7.b
Packet Pg. 874 Attachment: 6-14-23 Final Resolution R-61-23 City of Colton Elected Officials Compensation and Benefits-c1 (004) TC (4118 : Ordinance 0-07-23 ITEM NO. 8
STAFF REPORT
DATE: JUNE 20, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CARLOS CAMPOS, CITY ATTORNEY
SUBJECT: APPROVE SIXTH AMENDMENT TO THE CONTRACT FOR
WILLIAM R. SMITH FOR SERVICES AS CITY MANAGER.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve Sixth Amendment to the Contract for William R. (“Bill”) Smith for Services as City Manager, to reflect a salary adjustment consistent with other applicable City staff, and in accordance with his current contract.
BACKGROUND
On February 17, 2015, the Colton City Council approved an Employment Agreement with Bill Smith to serve as City Manager (“Employment Agreement”). The parties subsequently entered into five amendments to that Employment Agreement, the last of which was approved by the City Council on August 16, 2022. The current Employment Agreement, as amended, contains the following language:
In the event that another City employee receives an increase in his or her base salary that would come within ten percent (10%) of Employee’s Annual Base Salary, the City Council shall meet upon Employee’s request to consider an increase in the Annual Base Salary for the City Manager.” The City Council recently authorized a ten percent (10%) salary increase for employees covered by the Executive Group Compensation Resolution. In addition, employees covered by that resolution are also due a three percent (3%) increase to be effective July 1, 2023. Accordingly, this proposed Sixth Amendment to the City Manager’s Employment would provide for an comparable increase to his base salary.
8 Packet Pg. 875
Staff Report to the Mayor and City Council
Contract Amendment - William R. Smith
June 20, 2023
DISCUSSION
This proposed Sixth Amendment to the City Manager’s Employment Agreement would raise his annual base salary in order to keep it at ten percent above all other City employees, increasing that base salary to $234,817.05 per year. All other provisions of the City Manager’s Employment Agreement, as amended, would remain unchanged.
FISCAL IMPACTS
The cost to the City of the increase in base pay is an additional $27,564.49 per year. The increase was included in the adopted FY2023-24 budget.
ALTERNATIVES
The City Council may wish to consider the following alternative:
1. Provide alternative direction to the City Attorney and staff.
ATTACHMENT
1. Proposed Sixth Amendment to Employment Agreement.
ATTACHMENT
1. Colton - Smith - Sixth Amendment to Employment Agreement (City Manager)-c1
2. SALARY TABLE revised 7-1-23_CM
8 Packet Pg. 876
23152.06020\41182168.1
SIXTH AMENDMENT TO THE CITY OF COLTON
CITY MANAGER EMPLOYMENT AGREEMENT
(WILLIAM SMITH)
This Sixth Amendment to the City Manager Employment Agreement (“Sixth Amendment”) between the City of Colton (“City”) and William R. Smith (“Employee”) is entered into this 20th day of June, 2023.
RECITALS
WHEREAS, the City entered into an original City Manager Employment Agreement (“Original Agreement”) with Employee on February 18, 2015; and WHEREAS, the City entered into a First Amendment to the Original Agreement (“First Amendment”) with Employee on May 16, 2017, in order to extend the term of the Original Agreement through February 18, 2022; and
WHEREAS, the City entered into a Second Amendment to the Original Agreement (“Second Amendment”) with Employee on March 19, 2019, in order to modify Employee’s compensation and benefits; and
WHEREAS, the City entered into a Third Amendment to the Original Agreement (“Third Amendment”) with Employee on May 4, 2021, in order to (1) extend the term of the Original Agreement to February 18, 2025 and (2) modify Employee’s compensation and benefits; and
WHEREAS, the City entered into a Fourth Amendment to the Original Agreement (“Fourth Amendment”) with Employee on December 21, 2021, which included a procedure to consider an increase in Employee’s base salary in the event that another City employee receives a base salary increase that would come within ten percent (10%) of Employee’s base salary; and WHEREAS, the City entered into a Fifth Amendment to the Original Agreement (“Fourth Amendment”) with Employee on August 16 2022, in order to modify Employee’s compensation; and
WHEREAS, the City and Employee now desire to further amend the Original Agreement, as previously amended, in order to provide for a base salary increase for Employee due to the fact that other City employees have received an increase that bring their base salaries within ten percent (10%) of Employee’s base salary.
AGREEMENT
NOW, THEREFORE, the above named parties hereby mutually agree and promise as follows:
1. Section 2.1 of the Original Agreement is hereby amended to read as follows:
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Packet Pg. 877 Attachment: Colton - Smith - Sixth Amendment to Employment Agreement (City Manager)-c1 (4087 : Contract Amendment - William R. Smith) 23152.06020\41182168.1 2
“City agrees to pay City Manager, and City Manager agrees to accept from City, as compensation for services rendered by City Manager pursuant to this Agreement, an annual base salary, commencing on the Effective Date, in the amount of Two Hundred Thirty Four Thousand, Eight Hundred Seventeen Dollars and Five Cents ($234,817.05) (hereinafter “Annual Base Salary”), payable in installment payments in the same manner and at the same times as salaries of other executive managers of the City are paid.
In the event that another City employee receives an increase in his or her base salary that would come within ten percent (10%) of Employee’s Annual Base Salary, the City Council shall meet upon Employee’s request to consider an increase in the Annual Base Salary for the City Manager.”
2. The increase in Annual Base Salary set forth in Section 1 above shall become effective on July 1, 2023.
2. Except as amended by this Sixth Amendment, all other terms of the Original Agreement, as previously amended, shall remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
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Packet Pg. 878 Attachment: Colton - Smith - Sixth Amendment to Employment Agreement (City Manager)-c1 (4087 : Contract Amendment - William R. Smith) 23152.06020\41182168.1 3
SIGNATURE PAGE TO
SIXTH AMENDMENT TO THE CITY OF COLTON
CITY MANAGER EMPLOYMENT AGREEMENT
(WILLIAM R. SMITH)
The City and Employee have duly executed this Sixth Amendment as of the date first written above.
CITY OF COLTON EMPLOYEE
By: By:
Frank J. Navarro, Mayor William R. Smith, City Manager
ATTEST:
By:
Stephanie Vargas, Deputy City Clerk
APPROVED AS TO FORM:
By:
Carlos L. Campos, City Attorney
8.a
Packet Pg. 879 Attachment: Colton - Smith - Sixth Amendment to Employment Agreement (City Manager)-c1 (4087 : Contract Amendment - William R. Smith) Job Title Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Account Technician I general 110 6/24/2023 22.3193 23.4353 24.6070 25.8374 27.1293 3,868.67 4,062.11 4,265.21 4,478.48 4,702.40 46,424.04 48,745.32 51,182.56 53,741.74 56,428.84 Account Technician II general 116 6/24/2023 24.5484 25.7758 27.0645 28.4178 29.8386 4,255.05 4,467.80 4,691.18 4,925.74 5,172.03 51,060.62 53,613.56 56,294.16 59,108.92 62,064.34 Accountant general 142 6/24/2023 30.4113 31.9319 33.5285 35.2049 36.9651 5,271.28 5,534.86 5,811.61 6,102.18 6,407.29 63,255.40 66,418.30 69,739.28 73,226.14 76,887.46 Administrative Analyst I midmngt 204 6/24/2023 31.2784 32.8423 34.4844 36.2086 38.0190 5,421.59 5,692.66 5,977.29 6,276.16 6,589.96 65,059.02 68,311.88 71,727.50 75,313.94 79,079.52 Administrative Analyst II midmngt 234 6/24/2023 34.4036 36.1238 37.9300 39.8265 41.8179 5,963.30 6,261.45 6,574.53 6,903.26 7,248.43 71,559.54 75,137.40 78,894.40 82,839.12 86,981.18 Administrative Assistant general 126 6/24/2023 23.2870 24.4514 25.6740 26.9578 28.3056 4,036.41 4,238.24 4,450.16 4,672.68 4,906.31 48,436.96 50,858.86 53,401.92 56,072.12 58,875.70 Animal Services Officer cpcea 506 6/24/2023 22.0311 23.1326 24.2893 25.5038 26.7790 3,818.73 4,009.66 4,210.14 4,420.65 4,641.69 45,824.74 48,115.86 50,521.64 53,047.80 55,700.32 Assistant Director of Public Works & Engineering executive 838 6/24/2023 78.8863 82.8306 86.9721 91.3208 95.8868 13,673.62 14,357.31 15,075.17 15,828.93 16,620.37 164,083.40 172,287.70 180,902.02 189,947.16 199,444.44 Assistant Director of Utility Operations executive 841 6/24/2023 78.8863 82.8306 86.9721 91.3208 95.8868 13,673.62 14,357.31 15,075.17 15,828.93 16,620.37 164,083.40 172,287.70 180,902.02 189,947.16 199,444.44 Assistant Planner general 848 6/24/2023 30.4576 31.9805 33.5795 35.2585 37.0214 5,279.32 5,543.29 5,820.45 6,111.47 6,417.04 63,351.86 66,519.44 69,845.36 73,337.68 77,004.46 Assistant to the City Manager cnfdtl 801 6/24/2023 49.0066 51.4570 54.0299 56.7314 59.5680 8,494.48 8,919.21 9,365.18 9,833.44 10,325.12 101,933.78 107,030.56 112,382.14 118,001.26 123,901.44 Associate Engineer midmngt 263 6/24/2023 47.0466 49.3990 51.8690 54.4625 57.1856 8,154.75 8,562.49 8,990.63 9,440.17 9,912.18 97,856.98 102,749.92 107,887.52 113,282.00 118,946.10 Associate Planner midmngt 210 6/24/2023 36.1453 37.9525 39.8501 41.8426 43.9348 6,265.18 6,578.43 6,907.36 7,252.72 7,615.36 75,182.12 78,941.20 82,888.26 87,032.66 91,384.28 Battalion Chief Fire Marshal fire 310 6/24/2023 68.5414 71.9685 75.5669 79.3453 83.3125 11,880.51 12,474.54 13,098.26 13,753.18 14,440.83 142,566.06 149,694.48 157,179.10 165,038.12 173,290.00 Building Inspector I general 131 6/24/2023 25.7955 27.0853 28.4395 29.8615 31.3546 4,471.22 4,694.78 4,929.51 5,175.99 5,434.80 53,654.64 56,337.32 59,154.16 62,111.92 65,217.62 Building Inspector II general 179 6/24/2023 30.1533 31.6609 33.2439 34.9061 36.6514 5,226.56 5,487.89 5,762.27 6,050.40 6,352.91 62,718.76 65,854.62 69,147.26 72,604.74 76,234.86 Building Maintenance Supervisor midmngt 253 6/24/2023 39.5459 41.5231 43.5993 45.7793 48.0683 6,854.62 7,197.34 7,557.20 7,935.07 8,331.83 82,255.42 86,368.10 90,686.44 95,220.84 99,981.96 Building Official midmngt 093 6/24/2023 57.1240 59.9803 62.9793 66.1283 69.4346 9,901.49 10,396.58 10,916.40 11,462.23 12,035.34 118,817.92 124,758.92 130,996.84 137,546.76 144,424.02 Business Lic./Collections Ofcr. midmngt 206 6/24/2023 26.8060 28.1463 29.5536 31.0313 32.5829 4,646.37 4,878.68 5,122.63 5,378.75 5,647.70 55,756.48 58,544.20 61,471.54 64,545.00 67,772.38 Capital Project Manager midmngt 837 6/24/2023 45.6971 47.9820 50.3811 52.9001 55.5451 7,920.84 8,316.88 8,732.73 9,169.36 9,627.82 95,050.02 99,802.56 104,792.74 110,032.26 115,533.86 City Clerk elected 1/1/2016 370.00 4,440.00
City Manager contract 812 7/1/2023 112.8928 19,568.09 234,817.05 City Treasurer elected 1/1/2016 2,225.00 26,700.00
Code Compliance Officer cpcea 138 6/24/2023 28.2180 29.6289 31.1104 32.6659 34.2991 4,891.12 5,135.67 5,392.47 5,662.09 5,945.18 58,693.44 61,628.06 64,709.58 67,945.02 71,342.18 Collection System Maintenance Supervisor midmngt 257 6/24/2023 43.2784 45.4423 47.7144 50.1001 52.6051 7,501.59 7,876.66 8,270.49 8,684.02 9,118.22 90,019.02 94,519.88 99,245.90 104,208.26 109,418.66 Collection System Maintenance Technician I ibew2 158 6/24/2023 24.8520 26.0946 27.3994 28.7694 30.2079 4,307.68 4,523.07 4,749.23 4,986.69 5,236.03 51,692.16 54,276.82 56,990.70 59,840.30 62,832.38 Collection System Maintenance Technician II ibew2 197 6/24/2023 28.5885 30.0179 31.5188 33.0948 34.7495 4,955.34 5,203.10 5,463.25 5,736.42 6,023.25 59,464.08 62,437.18 65,559.00 68,837.08 72,278.96 Community Child Care Admin. Asst. general 134 6/24/2023 23.2870 24.4514 25.6740 26.9578 28.3056 4,036.41 4,238.24 4,450.16 4,672.68 4,906.31 48,436.96 50,858.86 53,401.92 56,072.12 58,875.70 Community Service Officer cpcea 607 6/24/2023 21.7889 22.8784 24.0223 25.2234 26.4845 3,776.74 3,965.59 4,163.86 4,372.05 4,590.65 45,320.86 47,587.02 49,966.28 52,464.62 55,087.76 Community Services Director * executive 804 6/24/2023 95.8867 16,620.37 199,444.39 Consumer Service Field Rep. I ibew 971 6/24/2023 30.4881 32.0125 33.6131 35.2938 37.0585 5,284.61 5,548.83 5,826.28 6,117.58 6,423.47 63,415.30 66,586.00 69,915.30 73,411.00 77,081.68 Consumer Service Field Rep. II ibew 973 6/24/2023 33.5455 35.2228 36.9839 38.8331 40.7748 5,814.55 6,105.28 6,410.54 6,731.08 7,067.62 69,774.64 73,263.32 76,926.46 80,772.90 84,811.48 Crime Analyst cpcea 513 6/24/2023 37.8440 39.7363 41.7231 43.8093 45.9998 6,559.63 6,887.62 7,232.01 7,593.60 7,973.29 78,715.52 82,651.40 86,784.10 91,123.24 95,679.48 Customer Svc. Rep. I general 107 6/24/2023 19.9039 20.8991 21.9441 23.0414 24.1935 3,450.01 3,622.52 3,803.65 3,993.84 4,193.54 41,400.06 43,470.18 45,643.78 47,926.06 50,322.48 Customer Svc. Rep. II general 113 6/24/2023 21.9035 22.9986 24.1485 25.3559 26.6236 3,796.61 3,986.43 4,185.74 4,395.02 4,614.76 45,559.28 47,837.14 50,228.88 52,740.22 55,377.14 Customer Svc. Rep III general 411 6/24/2023 24.0940 25.2988 26.5638 27.8920 29.2866 4,176.29 4,385.12 4,604.38 4,834.61 5,076.35 50,115.52 52,621.40 55,252.60 58,015.36 60,916.18 Customer Service Supervisor midmngt 452 6/24/2023 29.1720 30.6306 32.1621 33.7703 35.4588 5,056.48 5,309.31 5,574.77 5,853.51 6,146.18 60,677.76 63,711.70 66,897.22 70,242.12 73,754.20 Deputy City Clerk cnfdtl 173 6/24/2023 27.7545 29.1423 30.5994 32.1294 33.7359 4,810.78 5,051.32 5,303.89 5,569.09 5,847.55 57,729.36 60,615.88 63,646.70 66,829.10 70,170.62 Deputy Fire Chief executive 993 6/24/2023 74.4315 78.1531 82.0608 86.1638 90.4720 12,901.46 13,546.54 14,223.86 14,935.05 15,681.81 154,817.52 162,558.50 170,686.36 179,220.60 188,181.76 Development Services Director * executive 810 6/24/2023 95.8867 16,620.37 - - - - 199,444.39 Early Care & Education Program Director midmngt 453 6/24/2023 47.7080 50.0934 52.5980 55.2279 57.9893 8,269.39 8,682.85 9,116.99 9,572.83 10,051.47 99,232.64 104,194.22 109,403.84 114,873.98 120,617.64 Early Care & Education Site Supervisor midmngt 260 6/24/2023 22.3551 23.4729 24.6465 25.8789 27.1729 3,874.89 4,068.63 4,272.06 4,485.67 4,709.97 46,498.66 48,823.58 51,264.72 53,828.06 56,519.58 Economic Development Manager midmngt 226 6/24/2023 50.9456 53.4929 56.1675 58.9759 61.9246 8,830.58 9,272.10 9,735.70 10,222.49 10,733.60 105,966.90 111,265.18 116,828.40 122,669.82 128,803.22 Economic Development Project Manager I midmngt 272 6/24/2023 36.0019 37.8020 39.6921 41.6768 43.7606 6,240.33 6,552.35 6,879.97 7,223.97 7,585.18 74,883.90 78,628.16 82,559.62 86,687.64 91,022.10 Economic Development Project Manager II midmngt 273 6/24/2023 43.1979 45.3578 47.6256 50.0069 52.5073 7,487.63 7,862.01 8,255.11 8,667.86 9,101.26 89,851.58 94,344.12 99,061.30 104,014.30 109,215.08 Electric Field Operations Foreman ibew 970 6/24/2023 61.2674 64.3308 67.5473 70.9246 74.4709 10,619.68 11,150.66 11,708.19 12,293.60 12,908.29 127,436.14 133,807.96 140,498.28 147,523.22 154,899.42 Electric Utility Director * executive 842 6/24/2023 90.5824 15,700.95 - - - - 213,470.05 Electric Utility Inspector ibew 920 6/24/2023 42.6706 44.8041 47.0444 49.3966 51.8665 7,396.24 7,766.05 8,154.36 8,562.08 8,990.19 88,754.90 93,192.58 97,852.30 102,744.98 107,882.32 Electric Utility System Designer midmngt 250 6/24/2023 45.4411 47.7131 50.0988 52.6038 55.2340 7,876.46 8,270.28 8,683.78 9,117.98 9,573.89 94,517.54 99,243.30 104,205.40 109,415.80 114,886.72 Electrical Sys Engineer/GIS Project Manager midmngt 221 6/24/2023 44.2801 46.4941 48.8189 51.2599 53.8229 7,675.22 8,058.98 8,461.94 8,885.05 9,329.30 92,102.66 96,707.78 101,543.26 106,620.54 111,951.58 Energy Services Specialist midmngt 231 6/24/2023 38.3170 40.2329 42.2445 44.3568 46.5746 6,641.61 6,973.70 7,322.38 7,688.50 8,072.94 79,699.36 83,684.38 87,868.56 92,262.04 96,875.22 Engineering Assistant midmngt 264 6/24/2023 39.4064 41.3768 43.4456 45.6179 47.8988 6,830.44 7,171.97 7,530.58 7,907.10 8,302.45 81,965.26 86,063.64 90,366.90 94,885.18 99,629.40 Engineering GIS Technician ibew 907 6/24/2023 38.3103 40.2258 42.2370 44.3489 46.5664 6,640.44 6,972.46 7,321.08 7,687.14 8,071.51 79,685.32 83,669.56 87,852.96 92,245.66 96,858.06 Engineering Manager midmngt 207 6/24/2023 49.8419 52.3340 54.9508 57.6983 60.5831 8,639.26 9,071.23 9,524.80 10,001.03 10,501.08 103,671.10 108,854.72 114,297.56 120,012.36 126,012.90 Engineering Technician I general 125 6/24/2023 27.1359 28.4926 29.9173 31.4131 32.9838 4,703.55 4,938.72 5,185.66 5,444.94 5,717.18 56,442.62 59,264.66 62,227.88 65,339.30 68,606.20 Engineering Technician II general 156 6/24/2023 31.2068 32.7671 34.4055 36.1258 37.9320 5,409.17 5,679.64 5,963.62 6,261.80 6,574.88 64,910.04 68,155.62 71,563.44 75,141.56 78,898.56 Environmental and Conservation Supervisor midmngt 238 6/24/2023 44.0796 46.2836 48.5978 51.0276 53.5790 7,640.47 8,022.50 8,423.61 8,844.79 9,287.03 91,685.62 96,269.94 101,083.32 106,137.46 111,444.32 Equipment Mechanic general 129 6/24/2023 25.1431 26.4003 27.7203 29.1063 30.5616 4,358.14 4,576.04 4,804.84 5,045.08 5,297.35 52,297.70 54,912.52 57,658.12 60,541.00 63,568.18 Equipment Operator II general 124 6/24/2023 23.5444 24.7216 25.9578 27.2556 28.6184 4,081.03 4,285.08 4,499.34 4,724.31 4,960.52 48,972.30 51,420.98 53,992.12 56,691.70 59,526.22 Executive Assistant midmngt 268 6/24/2023 28.7770 30.2159 31.7266 33.3130 34.9786 4,988.01 5,237.42 5,499.28 5,774.25 6,062.96 59,856.16 62,849.02 65,991.38 69,291.04 72,755.54 Executive Assistant to City Manager cnfdtl 819 6/24/2023 36.7278 38.5641 40.4924 42.5170 44.6429 6,366.14 6,684.45 7,018.68 7,369.61 7,738.10 76,393.72 80,213.38 84,224.14 88,435.36 92,857.18 Executive Assistant to Police Chief midmngt 203 6/24/2023 28.7770 30.2159 31.7266 33.3130 34.9786 4,988.01 5,237.42 5,499.28 5,774.25 6,062.96 59,856.16 62,849.02 65,991.38 69,291.04 72,755.54 Finance Director * executive 807 6/24/2023 95.8867 16,620.37 199,444.39 Revised ANNUAL
Date
FULL TIME CLASSIFICATIONS
SALARY TABLE
HOURLY MONTHLY
Salary Group
FY 2022-23
REVISED 7/1/2023
Pay
Grade
8.b
Packet Pg. 880 Attachment: SALARY TABLE revised 7-1-23_CM (4087 : Contract Amendment - William R. Smith) Job Title Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Revised ANNUAL
Date
FULL TIME CLASSIFICATIONS
SALARY TABLE
HOURLY MONTHLY
Salary Group
FY 2022-23
REVISED 7/1/2023
Pay
Grade
Finance Manager cnfdtl 460 6/24/2023 54.1783 56.8871 59.7315 62.7181 65.8540 9,390.90 9,860.44 10,353.46 10,871.14 11,414.69 112,690.76 118,325.22 124,241.52 130,453.70 136,976.32 Fire Battalion Chief fire 309 6/24/2023 46.5266 48.8529 51.2956 53.8604 56.5535 11,290.46 11,854.98 12,447.74 13,070.14 13,723.65 135,485.48 142,259.78 149,372.86 156,841.62 164,683.74 Fire Captain fire 304 6/24/2023 36.7639 38.6021 40.5322 42.5588 44.6868 8,921.38 9,367.45 9,835.82 10,327.61 10,843.99 107,056.56 112,409.44 118,029.86 123,931.34 130,127.92 Fire Chief * executive 815 6/24/2023 102.6299 17,789.18 213,470.14 Fire Engineer fire 303 6/24/2023 32.6168 34.2476 35.9600 37.7580 39.6460 7,915.01 8,310.75 8,726.29 9,162.62 9,620.76 94,980.08 99,728.98 104,715.52 109,951.40 115,449.10 Fire Safety Specialist I general 157 6/24/2023 25.7955 27.0853 28.4395 29.8615 31.3546 4,471.22 4,694.78 4,929.51 5,175.99 5,434.80 53,654.64 56,337.32 59,154.16 62,111.92 65,217.62 Fire Safety Specialist II general 330 6/24/2023 30.1533 31.6609 33.2439 34.9061 36.6514 5,226.56 5,487.89 5,762.27 6,050.40 6,352.91 62,718.76 65,854.62 69,147.26 72,604.74 76,234.86 Firefighter Medic fire 308 6/24/2023 30.5791 32.1080 33.7135 35.3992 37.1692 7,420.53 7,791.55 8,181.14 8,590.21 9,019.73 89,046.36 93,498.60 98,173.66 103,082.46 108,236.70 GIS Specialist general 166 6/24/2023 28.2038 29.6140 31.0948 32.6495 34.2820 4,888.65 5,133.09 5,389.76 5,659.25 5,942.21 58,663.80 61,597.12 64,677.08 67,910.96 71,306.56 Homeless Solutions Coordinator general 103 6/24/2023 27.7624 29.1505 30.6080 32.1384 33.7453 4,812.15 5,052.75 5,305.39 5,570.65 5,849.18 57,745.74 60,633.04 63,664.64 66,847.82 70,190.12 Human Resources Analyst cnfdtl 835 6/24/2023 37.8440 39.7363 41.7231 43.8093 45.9998 6,559.63 6,887.62 7,232.01 7,593.60 7,973.29 78,715.52 82,651.40 86,784.10 91,123.24 95,679.48 Human Resources & Risk Management Director * executive 994 6/24/2023 95.8867 16,620.37 199,444.39 Human Resources Manager cnfdtl 218 6/24/2023 54.1783 56.8871 59.7315 62.7181 65.8540 9,390.90 9,860.44 10,353.46 10,871.14 11,414.69 112,690.76 118,325.22 124,241.52 130,453.70 136,976.32 Human Resources Specialist cnfdtl 149 6/24/2023 30.4576 31.9805 33.5795 35.2585 37.0214 5,279.32 5,543.29 5,820.45 6,111.47 6,417.04 63,351.86 66,519.44 69,845.36 73,337.68 77,004.46 Human Resources Technician general 145 6/24/2023 25.4658 26.7390 28.0760 29.4798 30.9538 4,414.06 4,634.76 4,866.51 5,109.82 5,365.32 52,968.76 55,617.12 58,398.08 61,317.88 64,383.80 Information Services Manager midmngt 245 6/24/2023 52.9598 55.6078 58.3881 61.3075 64.3729 9,179.69 9,638.68 10,120.61 10,626.63 11,157.97 110,156.28 115,664.12 121,447.30 127,519.60 133,895.58 Information Technology Coordinator midmngt 279 6/24/2023 40.0584 42.0613 44.1644 46.3726 48.6913 6,943.45 7,290.62 7,655.16 8,037.92 8,439.82 83,321.42 87,487.40 91,861.90 96,455.06 101,277.80 Lead Code Compliance Officer cpcea 514 6/24/2023 31.0399 32.5919 34.2215 35.9326 37.7293 5,380.25 5,649.26 5,931.73 6,228.32 6,539.74 64,562.94 67,791.10 71,180.72 74,739.86 78,476.84 Lead Equipment Mechanic general 130 6/24/2023 30.7049 32.2401 33.8521 35.5448 37.3220 5,322.18 5,588.29 5,867.70 6,161.09 6,469.15 63,866.14 67,059.46 70,412.42 73,933.08 77,629.76 Library Manager midmngt 291 6/24/2023 44.9755 47.2243 49.5855 52.0648 54.6680 7,795.75 8,185.54 8,594.82 9,024.56 9,475.79 93,549.04 98,226.44 103,137.84 108,294.68 113,709.44 Line Crew Supervisor ibew 916 6/24/2023 57.5179 60.3938 63.4135 66.5841 69.9134 9,969.77 10,468.25 10,991.67 11,541.25 12,118.32 119,637.18 125,619.00 131,900.08 138,494.98 145,419.82 Maintenance Crew Leader general 178 6/24/2023 26.6270 27.9584 29.3563 30.8241 32.3654 4,615.35 4,846.12 5,088.42 5,342.85 5,610.00 55,384.16 58,153.42 61,061.00 64,114.18 67,319.98 Maintenance Electrician ibew 908 6/24/2023 37.0993 38.9543 40.9020 42.9471 45.0945 6,430.54 6,752.07 7,089.68 7,444.17 7,816.38 77,166.44 81,024.84 85,076.16 89,330.02 93,796.56 Maintenance Worker I general 111 6/24/2023 21.0005 22.0505 23.1530 24.3106 25.5261 3,640.09 3,822.09 4,013.19 4,213.84 4,424.53 43,681.04 45,865.04 48,158.24 50,566.10 53,094.34 Maintenance Worker I, Building general 117 6/24/2023 23.5950 24.7748 26.0135 27.3141 28.6799 4,089.80 4,294.29 4,509.01 4,734.45 4,971.18 49,077.60 51,531.48 54,108.08 56,813.38 59,654.14 Maintenance Worker II general 115 6/24/2023 22.0541 23.1569 24.3148 25.5305 26.8070 3,822.72 4,013.86 4,214.56 4,425.29 4,646.55 45,872.58 48,166.30 50,574.68 53,103.44 55,758.56 Maintenance Worker II, Building general 118 6/24/2023 24.7705 26.0090 27.3095 28.6750 30.1088 4,293.55 4,508.23 4,733.65 4,970.33 5,218.85 51,522.64 54,098.72 56,803.76 59,644.00 62,626.20 Maintenance Worker III general 153 6/24/2023 25.3296 26.5961 27.9259 29.3221 30.7883 4,390.47 4,610.00 4,840.49 5,082.50 5,336.63 52,685.62 55,319.94 58,085.82 60,990.02 64,039.56 Maintenance Worker III, Building general 132 6/24/2023 28.4958 29.9205 31.4165 32.9874 34.6368 4,939.26 5,186.22 5,445.53 5,717.81 6,003.70 59,271.16 62,234.64 65,346.32 68,613.74 72,044.44 Network Technician general 168 6/24/2023 27.7233 29.1094 30.5649 32.0931 33.6978 4,805.36 5,045.63 5,297.91 5,562.81 5,840.94 57,664.36 60,547.50 63,574.94 66,753.70 70,091.32 Office Specialist I general 186 6/24/2023 18.0619 18.9650 19.9133 20.9089 21.9544 3,130.73 3,287.27 3,451.63 3,624.21 3,805.43 37,568.70 39,447.20 41,419.56 43,490.46 45,665.10 Office Specialist II general 106 6/24/2023 19.1658 20.1240 21.1303 22.1868 23.2961 3,322.06 3,488.16 3,662.58 3,845.70 4,038.00 39,864.76 41,857.92 43,950.92 46,148.44 48,455.94 Payroll Analyst cnfdtl 839 6/24/2023 37.8440 39.7363 41.7231 43.8093 45.9998 6,559.63 6,887.62 7,232.01 7,593.60 7,973.29 78,715.52 82,651.40 86,784.10 91,123.24 95,679.48 Payroll Technician I general 121 6/24/2023 24.5554 25.7831 27.0723 28.4259 29.8471 4,256.27 4,469.08 4,692.52 4,927.15 5,173.50 51,075.18 53,628.90 56,310.28 59,125.82 62,082.02 Payroll Technician II general 170 6/24/2023 27.0140 28.3648 29.7830 31.2721 32.8358 4,682.43 4,916.56 5,162.39 5,420.50 5,691.53 56,189.12 58,998.68 61,948.64 65,046.02 68,298.36 Planning Manager midmngt 262 6/24/2023 48.1794 50.5884 53.1178 55.7736 58.5623 8,351.09 8,768.65 9,207.08 9,667.43 10,150.79 100,213.10 105,223.82 110,484.92 116,009.14 121,809.48 Planning/Building Technician general 193 6/24/2023 25.1790 26.4380 27.7599 29.1479 30.6053 4,364.36 4,582.59 4,811.71 5,052.30 5,304.91 52,372.32 54,991.04 57,740.54 60,627.58 63,658.92 Plans Examiner I general 840 6/24/2023 33.1686 34.8270 36.5684 38.3968 40.3166 5,749.23 6,036.68 6,338.52 6,655.44 6,988.22 68,990.74 72,440.16 76,062.22 79,865.24 83,858.58 Plans Examiner II general 342 6/24/2023 36.4855 38.3098 40.2253 42.2365 44.3484 6,324.15 6,640.36 6,972.38 7,320.99 7,687.05 75,889.84 79,684.28 83,668.52 87,851.92 92,244.62 Police Captain cpma 402 6/24/2023 71.5140 75.0898 78.8443 82.7865 86.9259 12,395.76 13,015.56 13,666.34 14,349.66 15,067.15 148,749.12 156,186.68 163,996.04 172,195.92 180,805.82 Police Chief * executive 808 6/24/2023 102.6298 17,789.17 213,470.05 Police Cpl./Detective police 510 6/24/2023 44.7151 46.9509 49.2984 51.7633 54.3514 7,750.62 8,138.15 8,545.05 8,972.30 9,420.91 93,007.46 97,657.82 102,540.62 107,667.56 113,050.86 Police Dispatcher I dispatch 603 6/24/2023 24.2471 25.4595 26.7325 28.0691 29.4726 4,202.84 4,412.98 4,633.63 4,865.32 5,108.59 50,434.02 52,955.76 55,603.60 58,383.78 61,303.06 Police Dispatcher II dispatch 605 6/24/2023 26.7299 28.0664 29.4698 30.9433 32.4904 4,633.18 4,864.84 5,108.09 5,363.50 5,631.67 55,598.14 58,378.06 61,297.08 64,361.96 67,579.98 Police Lieutenant cpma 401 6/24/2023 65.0128 68.2634 71.6765 75.2604 79.0234 11,268.88 11,832.32 12,423.93 13,045.13 13,697.39 135,226.52 141,987.82 149,087.12 156,541.58 164,368.62 Police Officer police 508 6/24/2023 40.2731 42.2868 44.4011 46.6211 48.9521 6,980.68 7,329.70 7,696.20 8,081.00 8,485.04 83,768.10 87,956.44 92,354.34 96,971.94 101,820.42 Police Officer Trainee police2 507 6/24/2023 29.7221 31.2083 32.7686 34.4070 36.1274 5,151.84 5,409.43 5,679.90 5,963.88 6,262.08 61,822.02 64,913.16 68,158.74 71,566.56 75,144.94 Police Records Supervisor midmngt 610 6/24/2023 27.1945 28.5543 29.9820 31.4811 33.0551 4,713.71 4,949.40 5,196.88 5,456.73 5,729.56 56,564.56 59,392.84 62,362.56 65,480.74 68,754.66 Police Sergeant police 511 6/24/2023 53.2891 55.9536 58.7513 61.6889 64.7734 9,236.78 9,698.63 10,183.55 10,692.74 11,227.39 110,841.38 116,383.54 122,202.60 128,312.86 134,728.62 Police Services Clerk I cpcea 601 6/24/2023 18.5061 19.4314 20.4030 21.4231 22.4943 3,207.73 3,368.11 3,536.52 3,713.34 3,899.00 38,492.74 40,417.26 42,438.24 44,560.10 46,788.04 Police Services Clerk II cpcea 602 6/24/2023 19.4306 20.4021 21.4223 22.4934 23.6180 3,367.98 3,536.37 3,713.19 3,898.85 4,093.79 40,415.70 42,436.42 44,558.28 46,786.22 49,125.44 Police Support Services Manager midmngt 512 6/24/2023 40.3703 42.3888 44.5083 46.7336 49.0703 6,997.51 7,347.38 7,714.76 8,100.50 8,505.51 83,970.12 88,168.60 92,577.16 97,205.94 102,066.12 Power Line Helper ibew 905 6/24/2023 33.1596 34.8176 36.5585 38.3864 40.3058 5,747.67 6,035.06 6,336.81 6,653.64 6,986.33 68,972.02 72,420.66 76,041.68 79,843.66 83,835.96 Power Line Technician ibew 918 6/24/2023 50.0123 52.5129 55.1385 57.8954 60.7901 8,668.79 9,102.23 9,557.34 10,035.20 10,536.96 104,025.48 109,226.78 114,688.08 120,422.38 126,443.46 Power Line Technician Apprentice ibew 909 6/24/2023 42.5194 44.6454 46.8776 49.2215 51.6826 7,370.03 7,738.53 8,125.46 8,531.73 8,958.32 88,440.30 92,862.38 97,505.46 102,380.72 107,499.86 Public Works & Utilities Director * executive 842 6/24/2023 - - - - 102.6298 17,789.17 - - - - 213,470.05 Public Works & Utility Inspector ibew2 995 6/24/2023 35.6276 37.4090 39.2795 41.2435 43.3056 6,175.46 6,484.23 6,808.45 7,148.87 7,506.31 74,105.46 77,810.72 81,701.36 85,786.48 90,075.70 Public Works & Water/Wastewater Admin Manager midmngt 200 6/24/2023 51.5121 54.0878 56.7921 59.6318 62.8243 8,928.77 9,375.21 9,843.97 10,336.17 10,889.54 107,145.22 112,502.52 118,127.62 124,034.04 130,674.44 Public Works Director * executive 806 6/24/2023 - - - - 102.6298 17,789.17 213,470.05 Public Works Equipment Operator II general 124 6/24/2023 23.5444 24.7216 25.9578 27.2556 28.6184 4,081.03 4,285.08 4,499.34 4,724.31 4,960.52 48,972.30 51,420.98 53,992.12 56,691.70 59,526.22 Public Works Supervisor midmngt 451 6/24/2023 39.5459 41.5231 43.5993 45.7793 48.0683 6,854.62 7,197.34 7,557.20 7,935.07 8,331.83 82,255.42 86,368.10 90,686.44 95,220.84 99,981.96 Purchasing and Customer Service Manager midmngt 224 6/24/2023 52.9600 55.6080 58.3884 61.3078 64.3731 9,179.73 9,638.72 10,120.65 10,626.68 11,158.01 110,156.80 115,664.64 121,447.82 127,520.12 133,896.10 Purchasing Technician general 401 6/24/2023 24.5484 25.7758 27.0645 28.4178 29.8386 4,255.05 4,467.80 4,691.18 4,925.74 5,172.03 51,060.62 53,613.56 56,294.16 59,108.92 62,064.34 Recreation Services Coordinator general 123 6/24/2023 25.1863 26.4456 27.7679 29.1563 30.6141 4,365.62 4,583.91 4,813.10 5,053.75 5,306.45 52,387.40 55,006.90 57,757.18 60,645.00 63,677.38
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Packet Pg. 881 Attachment: SALARY TABLE revised 7-1-23_CM (4087 : Contract Amendment - William R. Smith) Job Title Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Revised ANNUAL
Date
FULL TIME CLASSIFICATIONS
SALARY TABLE
HOURLY MONTHLY
Salary Group
FY 2022-23
REVISED 7/1/2023
Pay
Grade
Recreation Services Manager midmngt 239 6/24/2023 45.4269 47.6983 50.0831 52.5873 55.2166 7,873.99 8,267.70 8,681.08 9,115.12 9,570.88 94,487.90 99,212.36 104,172.90 109,381.48 114,850.58 Senior Accountant midmngt 233 6/24/2023 37.5643 39.4425 41.4146 43.4854 45.6596 6,511.14 6,836.70 7,178.54 7,537.47 7,914.34 78,133.64 82,040.40 86,142.42 90,449.58 94,972.02 Senior Collection System Maintenance Technician ibew2 198 6/24/2023 30.0179 31.5188 33.0948 34.7495 36.4870 5,203.10 5,463.25 5,736.42 6,023.25 6,324.41 62,437.18 65,559.00 68,837.08 72,278.96 75,892.96 Senior Consumer Service Field Rep ibew 906 6/24/2023 36.9034 38.7485 40.6859 42.7201 44.8561 6,396.59 6,716.41 7,052.22 7,404.82 7,775.06 76,759.02 80,596.88 84,626.62 88,857.86 93,300.74 Senior Electric Utility Inspector ibew 982 6/24/2023 47.9726 50.3713 52.8899 55.5344 58.3111 8,315.26 8,731.02 9,167.58 9,625.96 10,107.26 99,783.06 104,772.20 110,010.94 115,511.50 121,287.14 Senior Energy Services Specialist midmngt 992 6/24/2023 42.9310 45.0775 47.3314 49.6980 52.1829 7,441.37 7,813.43 8,204.11 8,614.32 9,045.03 89,296.48 93,761.20 98,449.26 103,371.84 108,540.38 Senior Finance Analyst cnfdtl 461 6/24/2023 48.2993 50.7143 53.2500 55.9125 58.7081 7,461.58 7,834.66 8,226.40 8,637.72 9,069.60 100,462.44 105,485.64 110,760.00 116,298.00 122,112.90 Senior Human Resources Analyst cnfdtl 846 6/24/2023 48.2993 50.7143 53.2500 55.9125 58.7081 8,371.87 8,790.47 9,230.00 9,691.50 10,176.08 100,462.44 105,485.64 110,760.00 116,298.00 122,112.90 Senior Office Specialist general 120 6/24/2023 20.5560 21.5838 22.6630 23.7961 24.9859 3,563.04 3,741.18 3,928.25 4,124.66 4,330.89 42,756.48 44,894.20 47,139.04 49,495.94 51,970.62 Senior Planner midmngt 228 6/24/2023 43.2695 45.4330 47.7046 50.0899 52.5944 7,500.05 7,875.05 8,268.80 8,682.25 9,116.36 90,000.56 94,500.64 99,225.62 104,186.94 109,396.30 Senior Police Dispatcher dispatch 606 6/24/2023 29.4009 30.8709 32.4144 34.0351 35.7369 5,096.15 5,350.95 5,618.49 5,899.42 6,194.39 61,153.82 64,211.42 67,421.90 70,793.06 74,332.70 Senior Risk Management Analyst cnfdtl 847 6/24/2023 48.2993 50.7143 53.2500 55.9125 58.7081 8,371.87 8,790.47 9,230.00 9,691.50 10,176.08 100,462.44 105,485.64 110,760.00 116,298.00 122,112.90 Senior Substation Electrician ibew 978 6/24/2023 52.8298 55.4713 58.2449 61.1571 64.2150 9,157.16 9,615.02 10,095.78 10,600.57 11,130.60 109,885.88 115,380.20 121,149.34 127,206.82 133,567.20 Senior Utilities Financial Analyst midmngt 213 6/24/2023 45.9430 48.2401 50.6521 53.1848 55.8440 7,963.45 8,361.62 8,779.70 9,218.69 9,679.63 95,561.44 100,339.46 105,356.42 110,624.28 116,155.52 Senior Wastewater Treatment Plant Operator ibew2 161 6/24/2023 38.5195 40.4455 42.4678 44.5911 46.8206 6,676.71 7,010.55 7,361.08 7,729.13 8,115.58 80,120.56 84,126.64 88,332.92 92,749.54 97,386.90 Senior Water Conservation Specialist general 993 6/24/2023 36.1424 37.9495 39.8470 41.8394 43.9314 6,264.68 6,577.91 6,906.81 7,252.16 7,614.77 75,176.14 78,934.96 82,881.76 87,025.90 91,377.26 Senior Water Distribution Operator ibew2 137 6/24/2023 34.8199 36.5609 38.3889 40.3084 42.3238 6,035.45 6,337.22 6,654.07 6,986.79 7,336.12 72,425.34 76,046.62 79,848.86 83,841.42 88,033.40 Senior Water Quality Technician ibew2 991 6/24/2023 37.5390 39.4160 41.3868 43.4561 45.6289 6,506.76 6,832.11 7,173.70 7,532.40 7,909.01 78,081.12 81,985.28 86,084.44 90,388.74 94,908.06 Senior Water Treatment Operator ibew2 137 6/24/2023 34.8199 36.5609 38.3889 40.3084 42.3238 6,035.45 6,337.22 6,654.07 6,986.79 7,336.12 72,425.34 76,046.62 79,848.86 83,841.42 88,033.40 Service Crew Supervisor ibew 915 6/24/2023 55.0160 57.7668 60.6551 63.6879 66.8723 9,536.11 10,012.90 10,513.56 11,039.23 11,591.19 114,433.28 120,154.84 126,162.66 132,470.78 139,094.28 Storekeeper general 147 6/24/2023 20.8273 21.8686 22.9620 24.1101 25.3156 3,610.06 3,790.56 3,980.08 4,179.09 4,388.04 43,320.68 45,486.74 47,760.96 50,149.06 52,656.50 Substation Electrician ibew 977 6/24/2023 48.0248 50.4260 52.9473 55.5946 58.3744 8,324.29 8,740.51 9,177.52 9,636.40 10,118.23 99,891.48 104,886.08 110,130.28 115,636.82 121,418.70 Substation Electrician Apprentice ibew 976 6/24/2023 42.9330 45.0796 47.3336 49.7003 52.1853 7,441.72 7,813.80 8,204.50 8,614.71 9,045.44 89,300.64 93,765.62 98,453.94 103,376.52 108,545.32 Substation Operations Supervisor ibew 979 6/24/2023 58.4871 61.4115 64.4821 67.7063 71.0916 10,137.77 10,644.66 11,176.90 11,735.75 12,322.55 121,653.22 127,735.92 134,122.82 140,829.00 147,870.58 Substation Superintendent midmngt 225 6/24/2023 62.5674 65.6958 68.9805 72.4295 76.0510 10,845.01 11,387.26 11,956.62 12,554.45 13,182.17 130,140.14 136,647.16 143,479.44 150,653.36 158,186.08 Supervising Communication Dispatcher dispatch 608 6/24/2023 35.2781 37.0420 38.8941 40.8389 42.8809 6,114.88 6,420.61 6,741.65 7,078.74 7,432.69 73,378.50 77,047.36 80,899.78 84,944.86 89,192.22 Transmission/Distr. Superintendent midmngt 217 6/24/2023 62.5674 65.6958 68.9805 72.4295 76.0510 10,845.01 11,387.26 11,956.62 12,554.45 13,182.17 130,140.14 136,647.16 143,479.44 150,653.36 158,186.08 Utilities Business Systems Analyst midmngt 205 6/24/2023 40.0584 42.0613 44.1644 46.3726 48.6913 6,943.45 7,290.62 7,655.16 8,037.92 8,439.82 83,321.42 87,487.40 91,861.90 96,455.06 101,277.80 Utilities Engineer midmngt 297 6/24/2023 47.0466 49.3990 51.8690 54.4625 57.1856 8,154.75 8,562.49 8,990.63 9,440.17 9,912.18 97,856.98 102,749.92 107,887.52 113,282.00 118,946.10 Utilities Executive Assistant midmngt 998 6/24/2023 28.7770 30.2159 31.7266 33.3130 34.9786 4,988.01 5,237.42 5,499.28 5,774.25 6,062.96 59,856.16 62,849.02 65,991.38 69,291.04 72,755.54 Utilities Planning Manager midmngt 450 6/24/2023 57.5256 60.4019 63.4220 66.5931 69.9228 9,971.11 10,469.66 10,993.15 11,542.81 12,119.94 119,653.30 125,635.90 131,917.76 138,513.70 145,439.32 Utilities Plans Examiner midmngt 236 6/24/2023 31.6656 33.2489 34.9114 36.6570 38.4899 5,488.71 5,763.14 6,051.31 6,353.88 6,671.58 65,864.50 69,157.66 72,615.66 76,246.56 80,058.94 Utility Resource Analyst midmngt 497 6/24/2023 47.0466 49.3990 51.8690 54.4625 57.1856 8,154.75 8,562.49 8,990.63 9,440.17 9,912.18 97,856.98 102,749.92 107,887.52 113,282.00 118,946.10 Warehouse Supervisor midmngt 275 6/24/2023 27.3508 28.7183 30.1541 31.6619 33.2450 4,740.80 4,977.83 5,226.72 5,488.06 5,762.47 56,889.56 59,733.96 62,720.58 65,856.70 69,149.60 Wastewater Treatment Plant Mechanic I ibew2 155 6/24/2023 26.3679 27.6863 29.0706 30.5241 32.0504 4,570.43 4,798.95 5,038.91 5,290.85 5,555.40 54,845.18 57,587.40 60,466.90 63,490.18 66,664.78 Wastewater Treatment Plant Mechanic II ibew2 159 6/24/2023 33.6683 35.3516 37.1193 38.9753 40.9240 5,835.83 6,127.62 6,434.00 6,755.71 7,093.49 70,029.96 73,531.38 77,208.04 81,068.52 85,121.92 Wastewater Treatment Plant Operator I ibew2 133 6/24/2023 29.1416 30.5988 32.1288 33.7353 35.4220 5,051.22 5,303.78 5,568.98 5,847.44 6,139.81 60,614.58 63,645.40 66,827.80 70,169.32 73,677.76 Wastewater Treatment Plant Operator II ibew2 184 6/24/2023 33.5046 35.1799 36.9389 38.7859 40.7251 5,807.47 6,097.85 6,402.74 6,722.89 7,059.02 69,689.62 73,174.14 76,832.86 80,674.62 84,708.26 Wastewater Utilities Supervisor midmngt 255 6/24/2023 43.2784 45.4423 47.7144 50.1001 52.6051 7,501.59 7,876.66 8,270.49 8,684.02 9,118.22 90,019.02 94,519.88 99,245.90 104,208.26 109,418.66 Water & Wastewater Operations Manager midmngt 299 6/24/2023 62.7198 65.8558 69.1485 72.6059 76.2361 10,871.42 11,415.00 11,985.74 12,585.02 13,214.26 130,457.08 136,979.96 143,828.88 151,020.22 158,571.14 Water Conservation Specialist general 189 6/24/2023 32.7693 34.4078 36.1281 37.9345 39.8313 5,680.00 5,964.01 6,262.21 6,575.31 6,904.08 68,160.04 71,568.12 75,146.50 78,903.76 82,849.00 Water Distribution Operator I ibew2 100 6/24/2023 25.9460 27.2433 28.6054 30.0356 31.5374 4,497.31 4,722.16 4,958.27 5,206.18 5,466.48 53,967.68 56,665.96 59,499.18 62,474.10 65,597.74 Water Distribution Operator II ibew2 146 6/24/2023 28.8341 30.2759 31.7896 33.3791 35.0481 4,997.92 5,247.82 5,510.20 5,785.72 6,075.01 59,974.98 62,973.82 66,122.42 69,428.58 72,900.10 Water Distribution Operator III ibew2 181 6/24/2023 33.1608 34.8188 36.5598 38.3878 40.3071 5,747.86 6,035.25 6,337.02 6,653.88 6,986.57 68,974.36 72,423.00 76,044.28 79,846.52 83,838.82 Water Quality Technician I ibew2 100 6/24/2023 25.9460 27.2433 28.6054 30.0356 31.5374 4,497.31 4,722.16 4,958.27 5,206.18 5,466.48 53,967.68 56,665.96 59,499.18 62,474.10 65,597.74 Water Quality Technician II ibew2 146 6/24/2023 28.8341 30.2759 31.7896 33.3791 35.0481 4,997.92 5,247.82 5,510.20 5,785.72 6,075.01 59,974.98 62,973.82 66,122.42 69,428.58 72,900.10 Water Treatment Operator I ibew2 100 6/24/2023 25.9460 27.2433 28.6054 30.0356 31.5374 4,497.31 4,722.16 4,958.27 5,206.18 5,466.48 53,967.68 56,665.96 59,499.18 62,474.10 65,597.74 Water Treatment Operator II ibew2 146 6/24/2023 28.8341 30.2759 31.7896 33.3791 35.0481 4,997.92 5,247.82 5,510.20 5,785.72 6,075.01 59,974.98 62,973.82 66,122.42 69,428.58 72,900.10 Water Treatment Operator III ibew2 181 6/24/2023 33.1608 34.8188 36.5598 38.3878 40.3071 5,747.86 6,035.25 6,337.02 6,653.88 6,986.57 68,974.36 72,423.00 76,044.28 79,846.52 83,838.82 Water Utilities Supervisor midmngt 254 6/24/2023 43.2768 45.4406 47.7126 50.0983 52.6031 7,501.30 7,876.38 8,270.19 8,683.70 9,117.88 90,015.64 94,516.50 99,242.26 104,204.36 109,414.50 * Executive unit members on contract with maximum allowable salary amounts listed in Step E The City of Colton salary schedule may be updated intermittently to include salary revisions contractually provisioned by Council-approved MOUs
8.b
Packet Pg. 882 Attachment: SALARY TABLE revised 7-1-23_CM (4087 : Contract Amendment - William R. Smith) ITEM NO. 9
STAFF REPORT
DATE: JUNE 20, 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 SPECIAL CITY COUNCIL MEETING HELD ON MAY 24, 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 Special City Council Meeting Held on May 24, 2023.
BACKGROUND
Minutes for the Special City Council Meeting Held on May 24, 2023.
FISCAL IMPACTS
None
ATTACHMENT
1. 05-24-2023 Draft Minutes
9 Packet Pg. 883
1 CITY OF COLTON
CITY COUNCIL/COLTON UTILITY AUTHORITY/
COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY
SPECIAL MEETING MINUTES
May 24, 2023
A Special Meeting of the City Council of the City of Colton was held at 5:30 p.m. on the abovegiven date in City Hall, located at 650 North La Cadena Drive, Colton, California, Mayor Navarro presiding. Notice of Special Meeting was given on May 24, 2023, in compliance with Government Code Section 54956(a).
CITY COUNCIL ROLL CALL
Councilmembers present were MPT Toro, Chastain, González, Echevarria, and Mayor Navarro.
STAFF PRESENT
City Manager Smith and Deputy City Clerk Vargas
MAYOR AND COUNCIL ITEMS
POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF May 24, 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).
MPT Toro & CM González attended on behalf of the City of Colton City Council the Annual ICSC 2023 Las Vegas Conference, held May 21-23, 2023 at Las Vegas, Nevada convention center.
CM Chastain & CM Echevarria attended the City County 2023 Conference; held May 18-19, 2023, held at the Lake Arrowhead Resort and Spa, Lake Arrowhead, CA.
PUBLIC COMMENT
None
DISCUSSION ITEMS
1. Fiscal Year 2023-24 Budget Workshop #2
City Manager Smith announced that the item for discussion is the second of two scheduled budget workshops for the fiscal year 2023-2024. CM Smith explained that this presentation will begin with follow up regarding items discussed during Budget Workshop #1 held on May 15, 2023, and then after discussion regarding the general fund is completed, we will go over the remaining City funds. City Manager Smith requested that Councilmembers wait until the full presentation is completed to ask questions.
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Packet Pg. 884 Attachment: 05-24-2023 Draft Minutes (3945 : Draft Minutes 05-24-23) 2 Staff Presentation
Stacey Dabbs, Finance Director reported on the following items with the assistance of a PowerPoint presentation: City of Colton FY 2023-2024 Workshop #2:
Workshop #1 Follow up
Increasing the amount allotted to the Utility Assistance Program.
General Fund Transfer (GFT) Committee Recommendations
Police Department be fully staffed before determining what staffing levels are needed. City work with railroad to have them clean their properties. Increase Code Enforcement to reduce blighted properties citywide. Expressed disinterest in additional bargain stores moving into the City.
Enterprise Funds Overview
Enterprise Funds are used to account for any activity for which a Fee is charged to external users for goods and services if the activity’s principal revenue source meets certain criteria. Electric Utility Fund
Water Utility Fund
Wastewater Utility Fund
Other Funds Overview
Special Revenue Funds
Special Revenue Funds are used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditure for specified purposes.
Internal Service Funds
Internal Service Funds provide services to City Departments and recover their costs through user charges.
Capital Projects Funds
Capital Projects Funds are used to account for and report the financial resources that are restricted, committed, or assigned to expenditure for capital projects/outlays.
Debt Service Funds
Debt Service Funds are used to account for the accumulation of resources for and the payment of principal and interest on bonds issued in support of governmental activities.
Assessment District Funds
Community Facility and Special Assessment District Funds are used to account for and report the revenues received from special tax assessments to fund debt service and special services provided by the City for each respective district.
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Packet Pg. 885 Attachment: 05-24-2023 Draft Minutes (3945 : Draft Minutes 05-24-23) 3 Budget Timeline
Director Dabbs concluded with target date to return for approval of the Fiscal Year 2023-24 Budget at the June 6, 2023 council meeting.
Council Discussion
Discernment and discussion between Councilmembers; with clarification provide by staff:
Director Dabbs, Director Dickinson, Fire Chief McHargue, Police Chief Dominguez, and City Manager Smith.
Motion and Second by CM Echevarria/CM Chastain to schedule a third budget workshop in order to have staff report on:
The financial impacts of adding four additional Law Enforcement positions to the budget for FY 23-24.
The ARPA fund suggestions that CM Echevarria proposed.
Council Discussion
Discernment and discussion between Mayor and Councilmembers present, with clarification provide by staff: City Manager Smith, Finance Director Dabbs.
Motion and Second by CM Echevarria/ CM Chastain to amended the standing motion to remove the ARPA Funds portion.
Roll Call Vote: Motion Failed with MPT Toro, CM González, and Mayor Navarro voting no.
Motion and Second by CM Chastain/CM Echevarria that the ARPA fund projects would be handled separate from the budget.
Roll Call Vote: Motion Failed with MPT Toro, CM González, and Mayor Navarro voting no.
CITY MANAGER REPORT
City Manager Smith explained that the budget will be presented to the City Council as it is for approval at the June 6, 2023 Regular Council Meeting. City Manager Smith also noted that next year, during the mid-year budget process, he will create an item to discuss with Council the budget process in order to make any necessary adjustments.
ADJOURNMENT
At 7:40 p.m. Mayor Navarro adjourned the Special Council Meeting. _________________________________
Stephanie M. Vargas
Deputy City Clerk
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Packet Pg. 886 Attachment: 05-24-2023 Draft Minutes (3945 : Draft Minutes 05-24-23) ITEM NO. 10
STAFF REPORT
DATE: JUNE 20, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE VOUCHER NUMBERS 205798 TO 205918 DATED 05/18/2023 AND TOTALING $796,113.99; VOUCHER NUMBERS
205919 TO 206048 DATED 05/25/2023 AND TOTALING $1,015,168.83 AND A PAYROLL DISBURSEMENT LISTING DATED 04/29/2023
TO 05/12/2023 AND TOTALING $887,225.38.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve voucher numbers 205798 to 205918 dated 05/18/2023 and totaling $796,113.99; voucher numbers 205919 to 206048 dated 05/25/2023 and totaling $1,015,168.83 and a payroll disbursement listing dated 04/29/2023 to 05/12/2023 and totaling $887,225.38.
BACKGROUND
The California Government Code requires that the legislative body ratify all vouchers issued in the course of conducting City business.
ISSUES/ANALYSIS
All vouchers and related backup documentation have been reviewed by the City Treasurer.
FISCAL IMPACTS
None.
ALTERNATIVES
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Staff Report to the Mayor and City Council
Warrants - Accounts Payable
June 20, 2023
1. Provide alternative direction to staff.
ATTACHMENT
1. Fund Number and Title Legend
2. Voucher lists
3. Payroll Registers
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City of Colton
Fund Number and Title Legend
Fund Title Fund Title
100 GENERAL FUND 701 LLMD #2
150 TREASURERS ACCOUNT GROUP 702 LLMD #1
206 COMMUNITY CHILD CARE 703 CFO 87-1 DEBT SERVICE
209 DSF FLY CONSERVATION 704 CFO 87-1 CONSTRUCTION
210 SPECIAL GAS TAX 707 CFO 88-1 DEBT SERVICE
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 POLLUTION REDUCTION FUND 733 CFO 89-1 CONSTRUCTION
215 COMMUNITY DEV ACT FUND 734 CFO 89-2 CONSTRUCTION
216 CDBG HOUSING REHAB FUND 744 CFO 89-1 DEBT SERVICE
217 DRUG/GANG INTERVENTION 745 CFO 89-2 DEBT SERVICE
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 COMPENSATION
240 HOST CITY FEES - CIP 781 CFO 90-1 DEBT SERVICE
247 Quimby In Lieu Fees 782 CFO 90-1 CONSTRUCTION
248 PARK DEVELOPMENT FUND 850 Redevelopment Obligation Retirement Fund 249 TRAFFIC IMPACT FUND 851 Successor Agency Administration 250 NEW FACILITIES DEVELOPMENT FEE 855 Housing Auth - RM PARK DEVELOPMENT 251 CIVIC CENTER DEVELOPMENT FEE 856 Housing Auth - RANCHO MED BOND PROCEEDS 252 FIRE FACILITY 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 ECONOMIC DEVELOPMENT
332 1971 SEWER BONDS, A & C 867 Consolidation Proj_08-09 350 PFA Debt Fund 870 Housing Auth - RM PARK OPERATIONS 357 POB-Non Enterprise 871 Successor Agcy-RANCHO/M ILL PROJECT AREA 358 PENSION OBLIGATION DEBT SERVICE 872 Successor Agcy-RANCHO/MILL DEBT SERVICE 359 CORP YARD DEBT SERVICE 873 Successor Agcy-RDA II PROJECT FUND 363 1978-2 ASSESSMENT DIST. 874 Housing Auth - LOW/MOD DEBT SERVICE 364 WATER IMPRVMNT DIST A 875 Housing Auth - LOW/MOD BOND PROCEEDS 379 AD 1979-1 DEBT SERVICE 876 Successor Agcy-SANTA ANA RIV BND PROCEED 427 AD 94-1 CONSTRUCTION 877 Successor Agcy-SANTA ANA RIVER CIP 450 Capital Improvement Projects 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 CAPITAL IMPROVEMENT 882 Successor Agcy-MT VERNON CIP 469 EQUIPMENT REPLACEMENT 885 Successor Agcy-MT VERNON DEBT SERVICE 520 ELECTRIC UTILITY 886 RDA ADM INISTRATION
521 WATER UTILITY 887 COOLEY RANCH - now 894
522 WASTEWATER 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 Successor Agcy-RDA I DEBT SERVICE FUND 526 PUBLIC BENEFIT FUND 892 Successor Agcy-RDA I - CAPITAL PROJECTS 527 WASTEWATER UTILITY - GRAND TERRACE 893 Successor Agcy-RDA II DEBT SERVICE FUND 551 WATER DEVELOPMENT 894 Successor Agcy-COOLEY RANCH PROJECT 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 SERVICES FUND 898 Housing Auth - LOW/MOD CAPITAL PROJECTS 607 INSURANCE FUND 899 Successor Agcy-WEST VALLEY PRJ - DBT SV 608 AUTOMOTIVE SHOP 941 GENERAL LONG-TERM DEBT
610 AUTOMOTIVE SHOPS 958 GENERAL FIXED ASSETS
990 GASB 34
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Packet Pg. 889 Attachment: Fund Number and Title Legend (4027 : Warrants - Accounts Payable)
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Packet Pg. 890 Attachment: Voucher lists (4027 : Warrants - Accounts Payable)
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Packet Pg. 941 Attachment: Payroll Registers (4027 : Warrants - Accounts Payable)
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Packet Pg. 949 Attachment: Payroll Registers (4027 : Warrants - Accounts Payable) ITEM NO. 11
STAFF REPORT
DATE: JUNE 20, 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 MARCH 2023.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Receive and File City Treasurer’s Report for March 2023.
ATTACHMENT
1. Treasurer's report March 2023
11 Packet Pg. 950
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Packet Pg. 951 Attachment: Treasurer's report March 2023 (4103 : Treasurer's Report)
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Packet Pg. 961 Attachment: Treasurer's report March 2023 (4103 : Treasurer's Report) ITEM NO. 12
STAFF REPORT
DATE: JUNE 20, 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 RESOLUTION ORDERING THE LEVY FOR
ASSESSMENTS FOR IMPROVEMENT DISTRICT “A” (JAMES
SULLIVAN MUTUAL WATER COMPANY), RESOLUTION R-57-23.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve Resolution R-57-23, authorizing the FY 2023-24 annual levy of tax assessments for Improvement District “A” (James Sullivan Mutual Water Company); and,
2. Approve the attached Auditor-Controller/Treasurer/Tax Collector Agreement for Collection of Special Taxes, Fees, and Assessments for Fiscal Year 2023-24; and,
3. Colton Utility Authority Board ratify the actions of the City Council.
BACKGROUND
In 1988 the City of Colton adopted Resolution R-38-88, establishing a fiscal structure to repay the loan associated with the reconstruction of water facilities of the James Sullivan Mutual Water Company, Improvement District “A”, and establishing a list of unpaid assessments over a 35 year amortized payment schedule.
The City has determined that the amount of required tax to be levied per share for the 2023-2024 Fiscal Year is as shown on the attached Exhibit “A”.
ISSUES/ANALYSIS
12 Packet Pg. 962
Staff Report to the Mayor and City Council
Annual Levy of Tax Assessment District A
June 20, 2023
This is the Thirty-Fifth year of such assessment. However, The County of San Bernardino requires an annual resolution to apply the levy on the tax roll. The 2023-2024 levy is $31,773.25, covering 83 parcels.
The County of San Bernardino Auditor-Controller/Treasurer/Tax Collector is requesting all agencies to update the attached agreement to remain in compliance as outlined in Section 4 of the Agreement for Collection of Special Taxes, Fees and Assessments. District guarantees that the taxes, fees, or assessments imposed by District and collected pursuant to this Agreement comply with all requirements of state law, including but not limited to, Articles XIIIC and XIIID of the California Constitution (Proposition 218). Upon inquiry from the County, evidence of the legality of the special assessments must be produced to prove conformity with Proposition 218 and other applicable laws that allow the placing of fees on the tax bill. All agencies are required to sign and submit a new agreement for Fiscal Year 2023-24; the signed agreement will be an annual requirement to be submitted prior to the August 10th submittal deadline.
FISCAL IMPACTS
The revenues from the levied assessments are recorded in Water Improvement District A Fund Acct. No. 364-5204-000 ($31,748.35), which is necessary to pay the debt service on the bonds.
Debt service is expensed in Water Improvement District A Fund Principal and Interest Acct.
Nos. #364-7900-7900-2500-0000-000 (Principal $29,828), and 364-7900-7900-2510-0000-000 (Interest $1,920.35).
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Resolution No. R-57-23 - Water District A Assessment
2. Exhibit A - Water District A Tax Assessments
3. FY 2023-24 Agreement for Special Assessments
12 Packet Pg. 963
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RESOLUTION NO. R-57-23
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON,
CALIFORNIA DETERMINING AND AUTHORIZING THE ANNUAL LEVY OF TAX
ASSESSMENT
FOR IMPROVEMENT DISTRICT ‘A’ (JAMES SULLIVAN WATER COMPANY) WHEREAS, the City Council of the City of Colton adopted Resolution No. R-38-88, Establishing a Fiscal Structure to Repay the Loan associated with Reconstruction of Water Facilities of the James Sullivan Mutual Water Company, Improvement District ‘A’; and WHEREAS, Resolution No. R-38-88, directed the establishment of unpaid assessments over a 35 year amortized payment schedule and the filing thereof with the Tax Assessor and the Controller’s Office for the County of San Bernardino, commencing in August 1988.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Colton as follows:
SECTION 1. Based upon the total loan amount of $370,800 and the ninety-one shares of James Sullivan Mutual Water Company stock outstanding, the City has determined that the amount of required tax to be levied per share for the 2023 -2024 Fiscal Year is as shown on the attached Exhibit “A”.
SECTION 2. The City Clerk is instructed to file a certified copy of this resolution with the San Bernardino County Tax Assessor. Passed approved and adopted this 20th day of June, 2023. _____________________________
FRANK J. NAVARRO
Mayor
ATTEST:
__________________________________
STEPHANIE VARGAS
Deputy City Clerk
12.a
Packet Pg. 964 Attachment: Resolution No. R-57-23 - Water District A Assessment (4099 : Annual Levy of Tax Assessment District A) EXHIBIT "A"
CITY OF COLTON
IMPROVEMENT DISTRICT 'A' SPECIAL ASSESSMENTS
July 1, 2023
NO.
ASSESSOR'S
PARCEL NO.
2023-2024
ASSESSMENT
ASSESSOR'S
PROCESSING
COST
GRAND TOTAL
2023-2024
ASSESSMENT
1 0276-491-04 $ 373.80 $ 0.30 $ 374.10
2 0282-192-09 $ 373.80 $ 0.30 $ 374.10
3 0282-251-01 $ 373.80 $ 0.30 $ 374.10
4 0282-251-02 $ 373.80 $ 0.30 $ 374.10
5 0282-251-03 $ 373.80 $ 0.30 $ 374.10
6 0282-252-01 $ 373.80 $ 0.30 $ 374.10
7 0282-252-02 $ 373.80 $ 0.30 $ 374.10
8 0282-252-05 $ 373.80 $ 0.30 $ 374.10
9 0282-252-06 $ 740.05 $ 0.30 $ 740.35
10 0282-252-07 $ 373.80 $ 0.30 $ 374.10
11 0282-252-08 $ 373.80 $ 0.30 $ 374.10
12 0282-252-09 $ 373.80 $ 0.30 $ 374.10
13 0282-252-10 $ 373.80 $ 0.30 $ 374.10
14 0282-252-13 $ 1,106.30 $ 0.30 $ 1,106.60
15 0282-252-14 $ 373.80 $ 0.30 $ 374.10
16 0282-252-15 $ 373.80 $ 0.30 $ 374.10
17 0282-261-01 $ 373.80 $ 0.30 $ 374.10
18 0282-261-02 $ 373.80 $ 0.30 $ 374.10
19 0282-261-03 $ 373.80 $ 0.30 $ 374.10
20 0282-261-04 $ 373.80 $ 0.30 $ 374.10
21 0282-261-07 $ 373.80 $ 0.30 $ 374.10
22 0282-261-10 $ 373.80 $ 0.30 $ 374.10
23 0282-261-11 $ 373.80 $ 0.30 $ 374.10
24 0282-261-12 $ 740.05 $ 0.30 $ 740.35
25 0282-261-13 $ 373.80 $ 0.30 $ 374.10
26 0282-261-14 $ 373.80 $ 0.30 $ 374.10
27 0282-261-15 $ 373.80 $ 0.30 $ 374.10
28 0282-261-18 $ 373.80 $ 0.30 $ 374.10
29 0282-261-19 $ 373.80 $ 0.30 $ 374.10
30 0282-261-20 $ 373.80 $ 0.30 $ 374.10
31 0282-261-25 $ 180.75 $ 0.30 $ 181.05
32 0282-261-26 $ 373.80 $ 0.30 $ 374.10
33 0282-261-27 $ 190.70 $ 0.30 $ 191.00
34 0282-261-28 $ 190.70 $ 0.30 $ 191.00
35 0282-281-01 $ 373.80 $ 0.30 $ 374.10
36 0282-281-02 $ 373.80 $ 0.30 $ 374.10
37 0282-281-03 $ 373.80 $ 0.30 $ 374.10
38 0282-281-04 $ 373.80 $ 0.30 $ 374.10
39 0282-281-06 $ 373.80 $ 0.30 $ 374.10
40 0282-281-07 $ 373.80 $ 0.30 $ 374.10
41 0282-281-08 $ 373.80 $ 0.30 $ 374.10
42 0282-281-09 $ 374.10 $ 0.30 $ 374.40
43 0282-281-12 $ 373.80 $ 0.30 $ 374.10
44 0282-281-14 $ 373.80 $ 0.30 $ 374.10
45 0282-281-15 $ 373.80 $ 0.30 $ 374.10
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Packet Pg. 965 Attachment: Exhibit A - Water District A Tax Assessments (4099 : Annual Levy of Tax Assessment District A) EXHIBIT "A"
CITY OF COLTON
IMPROVEMENT DISTRICT 'A' SPECIAL ASSESSMENTS
July 1, 2023
NO.
ASSESSOR'S
PARCEL NO.
2023-2024
ASSESSMENT
ASSESSOR'S
PROCESSING
COST
GRAND TOTAL
2023-2024
ASSESSMENT
46 0282-282-01 $ 373.80 $ 0.30 $ 374.10
47 0282-282-02 $ 373.80 $ 0.30 $ 374.10
48 0282-283-01 $ 373.80 $ 0.30 $ 374.10
49 0282-283-02 $ 373.80 $ 0.30 $ 374.10
50 0282-283-03 $ 373.80 $ 0.30 $ 374.10
51 0282-291-01 $ 373.80 $ 0.30 $ 374.10
52 0282-291-03 $ 373.80 $ 0.30 $ 374.10
53 0282-291-04 $ 373.80 $ 0.30 $ 374.10
54 0282-292-01 $ 373.80 $ 0.30 $ 374.10
55 0282-292-02 $ 373.80 $ 0.30 $ 374.10
56 0282-292-03 $ 373.80 $ 0.30 $ 374.10
57 0282-292-04 $ 373.80 $ 0.30 $ 374.10
58 0282-292-05 $ 556.94 $ 0.30 $ 557.24
59 0282-292-07 $ 373.80 $ 0.30 $ 374.10
60 0282-292-08 $ 373.80 $ 0.30 $ 374.10
61 0282-292-09 $ 373.80 $ 0.30 $ 374.10
62 0282-292-10 $ 373.80 $ 0.30 $ 374.10
63 0282-292-11 $ 373.80 $ 0.30 $ 374.10
64 0282-292-12 $ 373.80 $ 0.30 $ 374.10
65 0282-292-14 $ 373.80 $ 0.30 $ 374.10
66 0282-293-01 $ 373.80 $ 0.30 $ 374.10
67 0282-293-02 $ 373.80 $ 0.30 $ 374.10
68 0282-293-03 $ 373.80 $ 0.30 $ 374.10
69 0282-293-04 $ 373.80 $ 0.30 $ 374.10
70 0282-293-06 $ 373.80 $ 0.30 $ 374.10
71 0282-293-07 $ 373.80 $ 0.30 $ 374.10
72 0282-293-08 $ 373.80 $ 0.30 $ 374.10
73 0282-293-09 $ 373.80 $ 0.30 $ 374.10
74 0282-293-10 $ 373.80 $ 0.30 $ 374.10
75 0282-293-11 $ 373.80 $ 0.30 $ 374.10
76 0282-312-05 $ 373.80 $ 0.30 $ 374.10
77 0282-321-04 $ 373.80 $ 0.30 $ 374.10
78 0282-322-16 $ 373.80 $ 0.30 $ 374.10
79 0282-331-42 $ 190.68 $ 0.30 $ 190.98
80 0282-331-43 $ 190.68 $ 0.30 $ 190.98
81 0282-331-03 $ 373.80 $ 0.30 $ 374.10
82 0282-331-14 $ 373.80 $ 0.30 $ 374.10
83 0282-331-45 $ 373.80 $ 0.30 $ 374.10
$ 31,748.35 $ 24.90 $ 31,773.25
12.b
Packet Pg. 966 Attachment: Exhibit A - Water District A Tax Assessments (4099 : Annual Levy of Tax Assessment District A)
1 of 3
AGCY____
AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR
AGREEMENT FOR COLLECTION OF SPECIAL
TAXES, FEES, AND ASSESSMENTS
FISCAL YEAR 2023-24
THIS AGREEMENT is made and entered into this _____ day of _________________, 2023, by and between the COUNTY OF SAN BERNARDINO, hereinafter referred to as “County” and the_______________________________, hereinafter referred to as “City”.
WITNESSETH:
WHEREAS, Government Code Sections 29304 and 51800 authorize the County to recoup its collection costs when the County collects taxes, fees, or assessments for any city, school district, special district, zone or improvement district thereof; and WHEREAS, the City and County have determined that it is in the public interest that the County, when requested by City, collect on the County tax rolls the special taxes, fees, and assessments for City.
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:
1. County agrees, when requested by City as hereinafter provided to collect on the County tax rolls the special taxes, fees, and assessments of City, and of each zone or improvement district thereof.
2. When County is to collect City’s special taxes, fees, and assessments, City agrees to notify in writing the Auditor-Controller (268 W. Hospitality Lane, 4TH floor, San Bernardino, CA 92415) of the County on or before the 10th day of August of each fiscal year of the Assessor’s parcel numbers and the amount of each special tax, fee, or assessment to be so collected. Any such notice, in order to be effective, must be received by the AuditorController by said date.
3. County may charge City an amount per parcel for each special tax, fee, or assessment that is to be collected on the County tax rolls by the County for the City, not to exceed County’s actual cost of collection.
4. City warrants that the taxes, fees, or assessments imposed by City and collected pursuant to this Agreement comply with all requirements of state law, including but not limited to, Articles XIIIC and XIIID of the California Constitution (Proposition 218).
5. City hereby releases and forever discharges County and its officers, agents, and employees from any and all claims, demands, liabilities, costs and expenses, damages, causes of action, and judgments, in any manner arising out of City’s responsibility under this
12.c
Packet Pg. 967 Attachment: FY 2023-24 Agreement for Special Assessments (4099 : Annual Levy of Tax Assessment District A)
2 of 3
AGCY____
agreement, or other action taken by City in establishing a special tax, fee, or assessment and implementing collection of special taxes, fees or assessments as contemplated in this agreement.
6. The County Auditor-Controller has not determined the validity of the taxes or assessments to be collected pursuant to this contract, and the undersigned City hereby assumes any and all responsibility for making such a determination. The undersigned City agrees to indemnify, defend, and hold harmless the County and its authorized officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this contract or the imposition of the taxes or assessments collected pursuant to this contract, and for any costs or expenses incurred by the County on account of any claim therefore, except where such indemnification is prohibited by law. If any judgment is entered against County or any other indemnified party as a result of action taken to implement this Agreement, City agrees that County may offset the amount of any judgment paid by County or by any indemnified party from any monies collected by County on City’s behalf, including property taxes, special taxes, fees, or assessments. County may, but is not required to, notify City of its intent to implement any offset authorized by this paragraph.
7. City agrees that its officers, agents and employees will cooperate with County by answering inquiries made to City by any person concerning City’s special tax, fee, or assessment, and City agrees that is officers, agents, and employees will not refer such individuals making inquiries to County officers or employees for response.
8. City shall not assign or transfer this agreement or any interest herein and any such assignment or transfer or attempted assignment or transfer of this agreement or any interest herein by City shall be void and shall immediately and automatically terminate this agreement
9. This agreement shall be effective for the 2023-24 fiscal year.
10. Either party may terminate this agreement for any reason upon 30 days written notice to the other party. The County Auditor-Controller shall have the right to exercise County’s right and authority under this contract including the right to terminate the contract.
11. County’s waiver of breach of any one term, covenant, or other provision of this agreement, is not a waiver of breach of any other term, nor subsequent breach of the term or provision waived.
12. Each person signing this agreement represents and warrants that he or she has been fully authorized to do so.
12.c
Packet Pg. 968 Attachment: FY 2023-24 Agreement for Special Assessments (4099 : Annual Levy of Tax Assessment District A)
3 of 3
AGCY____
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written.
City: _______________________________
By: _______________________________
Printed Name: _______________________________
Title: _______________________________
Date: _______________________________
ENSEN MASON CPA, CFA,
AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR
SAN BERNARDINO COUNTY
By Authorized Deputy: _______________________________
Printed Name: Franciliza Zyss__________________
Title: Interim Chief Deputy, Property Tax_________
Date: _______________________________
12.c
Packet Pg. 969 Attachment: FY 2023-24 Agreement for Special Assessments (4099 : Annual Levy of Tax Assessment District A) ITEM NO. 13
STAFF REPORT
DATE: JUNE 20, 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 SECOND (2ND) AMENDMENT TO PROFESSIONAL
SERVICES AGREEMENT (PSA) FOR ENGINEERING SERVICES
WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA
FOR FISCAL YEAR 22/23.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Authorize the increase of compensation to the Professional Services Agreement (PSA) with Engineering Resources of Southern California (ERSC) by $19,900 for FY 22/23.
2. Authorize the City Manager to execute the Second Amendment to the Professional Services Agreement (PSA) with Engineering Resources of Southern California (ERSC) for FY 22/23.
BACKGROUND
The Public Works Engineering Division retains as-needed engineering services to assist with plan check reviews of various development projects in several different technical areas. These as-needed plan check services ensure timely project reviews and help maintain cost efficiency through competitive service costs.
In accordance with Colton Municipal Code Section 3.08.070 – Bidding requirements – Professional Services, on May 05, 2020 the City emailed a Request for Proposal (RFP) for engineering plan check consulting services for private and public projects for the Fiscal Year (FY) 2020/2021 to six (6) local known engineering consulting firms. The contract would be 13 Packet Pg. 970
Staff Report to the Mayor and City Council
Contract Amendment - ERSC
June 20, 2023
valid for the FY 20/21 with the option to renew for an additional two successive years and entitled for an increase based on the Consumer Price Index (CPI).
On July 20, 2020, the City of Colton entered into a Professional Services Agreement (PSA) with Engineering Resources of Southern California, Inc. (ERSC) to assist with engineering plan checking services.
The selection of a consultant was made based on cost proposal competitiveness, company and staff qualifications and similar work experiences, ability to perform in a timely manner, and a thorough understanding of the work required in the RFP. Depending on the workload, the City had the option to increase the contract amount subject to City Council approval and in accordance with City Procurement Policies.
On July 12, 2021, the City of Colton entered into its first successive renewal year PSA with ERSC to continue assisting with engineering plan checking services for ongoing land development projects.
On July 01, 2022, the City of Colton entered into its second successive renewal year PSA, and last allowed per term contract, with ERSC to provide engineering plan checking services for various incoming development projects. The PSA was in the amount of $45,000.
On December 06, 2022, the City of Colton authorized a first (1st) amendment to the PSA contract with ERSC for FY 22/23 in the amount of $35,000.
ISSUES/ANALYSIS
Due to continued volume of plan check activities and expected engineering plan check activities in the current fiscal year, the Public Works Department is requesting to amend the existing PSA with ERSC for a second and final time by increasing the contract amount for the Fiscal Year (FY) 22/23 from $80,000 to $99,900, in line with the increased influx and continual review of commercial development projects from previous fiscal year budgets. Large commercial construction projects have been submitted concurrently and they require extensive plan check reviews for grading, water quality, maps, hydrology, street improvements and storm drain.
These projects include the finalization of the 900,000+ square foot warehouses at the Barton Road Logistics Center, as well as two large warehouses including a cold storage warehouses on Agua Mansa Road which was split into two separate development projects, IDI Logistics and Lineage. Several incoming smaller scale commercial developments also attribute to the increased need for engineering plan checking services.
13 Packet Pg. 971
Staff Report to the Mayor and City Council
Contract Amendment - ERSC
June 20, 2023
FISCAL IMPACTS
Sufficient appropriations for this 2nd Amendment PSA is available in General Fund Engineering Division Professional Services Account No. 100-6150-6151-2350-0000-000.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - 2nd Amendment to Prof Svcs Agreemt_REV
13 Packet Pg. 972
1 SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.
1. PARTIES AND DATE.
This Second Amendment to the Professional Services Agreement (“Second Amendment”) is made and entered into this 20th day of June, 2023 by and between the City of Colton (“City”) and Engineering Resources of Southern California, Inc., (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Second Amendment.
2. RECITALS.
2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated July 20, 2022 (“Agreement”), whereby Consultant agreed to provide professional plan check services for various development projects (“Services”).
2.2 Amendment Purpose. City and Consultant desire to amend the Agreement for the Second time to increase compensation by $19,900.
2.3 Amendment Authority. This Second Amendment is authorized pursuant to Section
3.6.13 of the Agreement.
3. TEMS.
3.1 Scope of Services and Term. Compensation. Section 3.1.1 of the Agreement is hereby deleted in its entirety and replaced with the following:
3.1.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed Ninety-Nine Thousand Nine Hundred Dollars and No Cents ($99,900.00) without written approval of the City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
3.2 Continuing Effect of Agreement. Except as amended by this Second Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.
From and after the date of this Second Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Second Amendment.
13.a
Packet Pg. 973 Attachment: Exhibit A - 2nd Amendment to Prof Svcs Agreemt_REV (4053 : Contract Amendment - ERSC) 2 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Second Amendment.
3.4 Severability. If any portion of this Second Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5 Counterparts. This Second Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
13.a
Packet Pg. 974 Attachment: Exhibit A - 2nd Amendment to Prof Svcs Agreemt_REV (4053 : Contract Amendment - ERSC) 3 SIGNATURE PAGE FOR SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.
IN WITNESS WHEREOF, the Parties have entered into this Second Amendment to the Professional Services Agreement as of the 20th day of June, 2023.
CITY OF COLTON
By: ___________________________ Attest: ___________________________ William R. Smith Carolina R. Padilla
City Manager City Clerk
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.,
A corporation
By: ___________________________ By: ___________________________ Signature Signature
John M. Brudin Moe Ahmadi .
Name (Print) Name (Print)
President Vice President .
Title (Print) Title (Print)
13.a
Packet Pg. 975 Attachment: Exhibit A - 2nd Amendment to Prof Svcs Agreemt_REV (4053 : Contract Amendment - ERSC) 4 EXHIBIT “A – SECOND AMENDMENT”
SCOPE OF SERVICES
Provide Plan Check and Inspection Services. Scope of Services include but not limited to plan check services for:
1. Grading Plan
2. Storm Water Pollution Prevention (SWPPP)
3. Street Improvement
4. Water Quality Management Plan (WQMP)
5. Drainage plan
13.a
Packet Pg. 976 Attachment: Exhibit A - 2nd Amendment to Prof Svcs Agreemt_REV (4053 : Contract Amendment - ERSC) 5 EXHIBIT “B – SECOND AMENDMENT”
SCHEDULE OF SERVICES
July 1, 2022 to June 30, 2023
1. Requested plan check reviews are at an as needed basis and are not guaranteed. They are at the discretion of the City.
2. Standard plan check review turn-around times are within two (2) weeks from the date emailed of such requested services.
13.a
Packet Pg. 977 Attachment: Exhibit A - 2nd Amendment to Prof Svcs Agreemt_REV (4053 : Contract Amendment - ERSC) 6 EXHIBIT “C – SECOND AMENDMENT”
COMPENSATION
NOT TO EXCEED AMOUNT OF NINETY-NINE THOUSAND NINE HUNDRED DOLLARS AND NO CENTS ($99,900.00)
SEE ATTACHED ERSC SCHEDULE OF HOURLY BILLING RATES
13.a
Packet Pg. 978 Attachment: Exhibit A - 2nd Amendment to Prof Svcs Agreemt_REV (4053 : Contract Amendment - ERSC)
SCHEDULE OF HOURLY BILLING RATES
Effective July 1, 2022
Principals / Engineers / Technicians Surveyors / Administration / Aides Principal/President..................................... $238.00 Principal Surveyor.......................... $161.00 Principal/Vice President ............................. 211.00 Senior Surveyor ............................. 137.00 Senior Principal Engineer........................... 205.00 Principal Engineer...................................... 200.00 Assistant Principal Engineer ...................... 187.00 Engineer V................................................. 151.00 Admin. Services Manager .............. $76.00 Engineer IV................................................ 135.00 Admin. Asst. II................................ 68.00 Engineer III ................................................ 118.00 Admin Asst. I ................................. 62.00 Engineer II ................................................. 105.00 Engineer I .................................................. 88.00 Senior Engineering Technician .................. 136.00 Engineering Aide II......................... $46.00 Engineering Technician II........................... 108.00 Engineering Aide I.......................... 39.00 Engineering Technician I ........................... 88.00 Engineering Technician ............................. 62.00 Construction Manager ........................................................................................................................ $151.00 Resident Engineer ..............................................................................................................................$200.00 Senior Construction Inspector .............................................................................................................$124.00 Construction Inspector........................................................................................................................ $118.00 Mileage............................................................................................................................................$0.65 mile Direct Cost.....................................................................................................................................Cost + 20% Testimony under oath will be billed at $350 per hour
with a four (4) hour minimum
13.a
Packet Pg. 979 Attachment: Exhibit A - 2nd Amendment to Prof Svcs Agreemt_REV (4053 : Contract Amendment - ERSC) ITEM NO. 14
STAFF REPORT
DATE: JUNE 20, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: AWARD CONTRACT TO RP LANDSCAPE & IRRIGATION FOR LANDSCAPE LIGHTING & MAINTENANCE DISTRICTS I AND II.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve the award of a one (1) year Maintenance Service Agreement, with the option to renew for three (3) additional one-year periods with escalation tied to the Consumer Price Index (CPI) for the Riverside-San Bernardino-Ontario area, for LLMD I and LLMD II to RP Landscape & Irrigation for the FY23-24, at an annual amount not-to-exceed $214,501.20.
2. Authorize the City Manager to execute the Maintenance Services Agreement documents as needed, including subsequent and up to three (3) one-year extensions.
BACKGROUND
In compliance with the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, the City Council formed a Landscape and Lighting Maintenance Assessment District (LLMD). There are two Landscape Lighting and Maintenance Districts within the City of Colton. Each District is responsible for maintaining lighting, landscaping and all applicable facilities within its boundaries.
The LLMD areas are primarily maintained by a third party through a landscape maintenance services agreement with the City. The current agreement expires on June 30, 2023.
ISSUES/ANALYSIS
14 Packet Pg. 980
Staff Report to the Mayor and City Council
Contract Award - RP Landscape & Irrigation
June 20, 2023
In accordance with the Colton Municipal Code Section 3.08.110, a Request for Notice Inviting Formal Bids was sent for publication on March 17, 2023. A Pre-Bid Meeting & Job Walk (NonMandatory) was held on March 30, 2023. A public bid opening was held on April 13, 2023, at 3:00 P.M., in the City Council Chambers. Two bids were received as follows:
Staff reviewed and evaluated the bid responses provided by each vendor. Although, the lowest apparent bid submitted by Sunnyday Landscapes is substantially lower than the second bid, it did not include the required Qualified Applicator Licenses (QAL) from the California Department of Pesticide Regulation and the contractor was determined to not be registered with the Department of Industrial Relations (DIR) at the time and date of bid submittal. With further consultation with the City Attorney, the bid was deemed non-responsive. Staff recommends the award of a one-year maintenance service contract RP Landscape and Irrigation, for $214,501.20 for the Landscape and Lighting Maintenance Districts I and II, and to authorize the City Manager to execute the Agreement for both LLMD areas. Staff also recommends the City Manager be authorized to execute up to three (3) one-year extensions with escalation tied to the CPI for Riverside-San Bernardino-Ontario area.
FISCAL IMPACTS
The adopted Fiscal Year 2023-24 budget includes $217,000 for landscape services for LLMD I and II. The cost for landscape maintenance in LLMD I and II is $214,501.20. LLMD I & II has available funds in Professional Services, Account Numbers: 702-6150-6210-2350 and 701-6150- 6220-2350, in the proposed FY23-24 budget, and shall include CPI increases for subsequent oneyear extensions.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Maintenance Services Agreement - Colton_RP Landscape & Irrigation 14 Packet Pg. 981
(BB&K 2018)
23152.06000\30608583.2
- 1 -
Landscape and Lighting Maintenance Districts
(LLMD I & II)
CITY OF COLTON
MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 20th day of June, 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 RP LANDSCAPE AND IRRIGATION, a SOLE PROPRIETOR with its principal place of business at PO BOX 1200, SAN BERNARDINO, CA 92402 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing LANDSCAPE AND IRRIGATION MAINTENANCE 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 LLDM I & II project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional LANDSCAPE AND IRRIGATION maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1, 2023 to June 30, 2024 unless earlier terminated as provided herein. Contractor shall complete the Services within
14.a
Packet Pg. 982 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) (BB&K 2018)
23152.06000\30608583.2
- 2 -
the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
Upon satisfactory performance of the work, the City may award contract extensions up to three (3) additional years (four (4) years total). The contract price for subsequent years shall be based on the Consumer Price Index as available in May of each year for the Riverside-San BernardinoOntario area. The contract extension will be awarded at the pleasure of the City Council.
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 required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates William R. Smith, City Manager, or his designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Roy Perez, Owner, or his 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.
14.a
Packet Pg. 983 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) (BB&K 2018)
23152.06000\30608583.2
- 3 -
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services 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 pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of Five Hundred Dollars ($500) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code,
14.a
Packet Pg. 984 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) (BB&K 2018)
23152.06000\30608583.2
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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 inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its subsections.
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 self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
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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 regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will 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
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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. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 MINIMUM per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 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 this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement.
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Packet Pg. 987 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) (BB&K 2018)
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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 limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.
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3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.
3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.
3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
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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.
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,
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Packet Pg. 990 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) (BB&K 2018)
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documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.3 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 for the following:
LLMD I
Nine Thousand Nine Hundred and Forty-Three Dollars and Fifty-Four ($9,943.54) per month or
One Hundred Nineteen Thousand Three Hundred and Twenty-Two Dollars and Forty Eight Cents ($119,322.48) per year
LLMD II
Seven Thousand Nine Hundred and Thirty-One Dollars and Fifty-Six Cents ($7,931.56) per month or
Ninety-Five Thousand One Hundred and Seventy Eight Dollars and Seventy-Two Cents ($95,178.72) per year
For a maximum total of Two Hundred and Fourteen Thousand Five Hundred and One Dollar and Twenty Cents ($214,501.20) without written approval of City Manager. 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 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 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 without written authorization from City’s Representative.
3.3.5 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”
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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.
3.3.6 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 compliance requirements.
Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
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Packet Pg. 992 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) (BB&K 2018)
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3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor:
RP Landscape and Irrigation
Roy Perez, Owner
PO Box 1200
San Bernardino, CA 92402
City:
City of Colton
650 North La Cadena Drive
Colton, CA 92324
Attn: Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also 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
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reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.
In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit,
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Packet Pg. 994 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) (BB&K 2018)
23152.06000\30608583.2
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privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, 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.
[SIGNATURES ON NEXT PAGE]
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Packet Pg. 995 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) (BB&K 2018)
23152.06000\30608583.2
- 15 -
SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND RP LANDSCAPE AND IRRIGATION
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 20 th day
of June, 2023.
CITY OF COLTON RP LANDSCAPE & IRRIGATION
a SOLE PROPRIETOR
By: ____________________________ By: _________________________ William R. Smith Roy Peres
City Manager Owner
Attest:
____
Carolina R. Lopez
City Clerk
Approved as to Form:
______________________________
Best Best & Krieger LLP
City Attorney
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Packet Pg. 996 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) (BB&K 2018)
23152.06000\30608583.2
Exhibit A-1
EXHIBIT “A”
SCOPE OF SERVICES
SCOPE OF WORK SHALL BE PER CONTRACT DOCUMENTS AND SPECIFICATIONS ATTACHED HEREON.
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Packet Pg. 997 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) BID PUBLISHED: March 17, 2023
PRE-BID MEETING & JOB WALK: March 30, 2023, 10:00 AM
(NON-MANDATORY)
BIDS MUST BE RECEIVED BY: April 13, 2023, 3:00 P.M.
PLACE OF BID RECEIPT: City Clerk Office
650 N. La Cadena Dr.
Colton, CA 92324
BID OPENING DATE: April 13, 2023, 3:00 P.M..
BID OPENING LOCATION: City Council Conference Room
650 N La Cadena Dr
Colton, CA 92324
CITY OF COLTON
PUBLIC WORKS DEPARTMENT
160 S 10TH STREET, COLTON, CA 92324
CONTRACT DOCUMENTS & SPECIFICATIONS
FOR:
CITY OF COLTON LANDSCAPE MAINTENANCE
SERVICES FOR LLMD DISTRICT I AND II
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Packet Pg. 998 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
CITY OF COLTON
PUBLIC WORKS DEPARTMENT
CALIFORNIA
CONTRACT DOCUMENTS & SPECIFICATIONS
FOR:
CITY OF COLTON LANDSCAPE MAINTENANCE SERVICES
FOR LLMD DISTRICT I AND II
Prepared Under the Supervision of:
___________________________________________________________________ Victor Ortiz, P.E., City Engineer Date
03/20/23
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Packet Pg. 999 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
NOTICE INVITING BIDS
1 NOTICE INVITING BIDS ............................................................................................................. 1 INSTRUCTIONS TO BIDDERS ................................................................................................... 5 BID FORM ................................................................................................................................... 13 CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION............... 17 BID BOND ................................................................................................................................... 18 DESIGNATION OF SUBCONTRACTORS ............................................................................... 20 INFORMATION REQUIRED OF BIDDERS ............................................................................. 22 NON-COLLUSION AFFIDAVIT ................................................................................................ 29 CONTRACT ................................................................................................................................. 30 PERFORMANCE BOND ............................................................................................................. 50 PAYMENT BOND (LABOR AND MATERIALS) .................................................................... 54 GENERAL CONDITIONS ..............................................................................................................
ARTICLE 1.... DEFINITIONS .……………………………………………………………56
ARTICLE 2. CONTRACT DOCUMENTS ........................................................................... 57 ARTICLE 3. CONTRACTS DOCUMENTS: COPIES & MAINTENANCE ...................... 58 ARTICLE 4. DETAIL DRAWINGS AND INSTRUCTIONS .............................................. 58 ARTICLE 5. EXISTENCE OF UTILITIES AT THE WORK SITE ..................................... 59 ARTICLE 6. SCHEDULE ...................................................................................................... 59 ARTICLE 7. SUBSTITUTIONS ............................................................................................ 60 ARTICLE 8. SHOP DRAWINGS .......................................................................................... 61 ARTICLE 9. SUBMITTALS ................................................................................................. 61 ARTICLE 10. MATERIALS .................................................................................................... 62 ARTICLE 11. CONTRACTOR’S SUPERVISION ................................................................. 62 ARTICLE 12. WORKERS ....................................................................................................... 62 ARTICLE 13. SUBCONTRACTORS ..................................................................................... 63 ARTICLE 14. PERMITS AND LICENSES ............................................................................ 63 ARTICLE 15. UTILITY USAGE ............................................................................................ 63 ARTICLE 16. INSPECTION FEES FOR PERMANENT UTILITIES ................................... 64 ARTICLE 17. TRENCHES ...................................................................................................... 64 ARTICLE 18. DIVERSION OF GREEN & RECYCLABLE WASTE MATERIALS........... 65 ARTICLE 19. REMOVAL OF HAZARDOUS MATERIALS ............................................... 65 ARTICLE 20. SANITARY FACILITIES ................................................................................ 65 ARTICLE 21. AIR POLLUTION CONTROL ........................................................................ 65 ARTICLE 22. COMPLIANCE WITH STATE STORM WATER PERMIT .......................... 66 ARTICLE 23. CLEANING UP ................................................................................................ 66 ARTICLE 24. LAYOUT AND FIELD ENGINEERING ........................................................ 67 ARTICLE 25. EXCESSIVE NOISE ........................................................................................ 67 ARTICLE 26. TESTS AND INSPECTIONS........................................................................... 67 ARTICLE 27. PROTECTION OF WORK AND PROPERTY ............................................... 68 ARTICLE 28. CONTRACTORS MEANS AND METHODS ................................................ 70 ARTICLE 29. INSPECTOR’S FIELD OFFICE ...................................................................... 70 ARTICLE 30. AUTHORIZED REPRESENTATIVES ........................................................... 70 ARTICLE 31. HOURS OF WORK .......................................................................................... 70 ARTICLE 32. PAYROLL RECORDS ..................................................................................... 71 ARTICLE 33. PREVAILING RATES OF WAGES................................................................ 72 ARTICLE 34. EMPLOYMENT OF APPRENTICES ............................................................. 72
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Packet Pg. 1000 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
NOTICE INVITING BIDS
2 ARTICLE 35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY ........ 73 ARTICLE 36. LABOR/EMPLOYMENT SAFETY................................................................ 73 ARTICLE 37. EMPLOYER’S LIABILITY INSURANCE..................................................... 73 ARTICLE 38. COMMERCIAL GENERAL LIABILITY INSURANCE............................... 73 ARTICLE 39. AUTOMOBILE LIABILITY INSURANCE ................................................... 74 ARTICLE 40. BUILDER’S RISK [“ALL RISK”] .................................................................. 75 ARTICLE 41. FORM AND PROOF OF CARRIAGE OF INSURANCE.............................. 75 ARTICLE 42. TIME FOR COMPLETION AND LIQUIDATED DAMAGES ..................... 76 ARTICLE 43. COST BREAKDOWN AND PERIODIC ESTIMATES ................................. 77 ARTICLE 44. MOBILIZATION ............................................................................................. 77 ARTICLE 45. PAYMENTS..................................................................................................... 79 ARTICLE 46. PAYMENTS WITHHELD AND BACKCHARGES ...................................... 79 ARTICLE 47. CHANGES AND EXTRA WORK .................................................................. 80 ARTICLE 48. OCCUPANCY.................................................................................................. 83 ARTICLE 49. INDEMNIFICATION....................................................................................... 83 ARTICLE 50. RECORD (“AS BUILT”) DRAWINGS........................................................... 84 ARTICLE 51. RESOLUTION OF CONSTRUCTION CLAIMS ........................................... 84 ARTICLE 52. CITY’S RIGHT TO TERMINATE CONTRACT ........................................... 86 ARTICLE 53. WARRANTY AND GUARANTEE ................................................................ 87 ARTICLE 54. DOCUMENT RETENTION & EXAMINATION........................................... 88 ARTICLE 55. SOILS INVESTIGATIONS ............................................................................. 88 ARTICLE 56. SEPARATE CONTRACTS ............................................................................. 89 ARTICLE 57. NOTICE AND SERVICE THEREOF.............................................................. 89 ARTICLE 58. NOTICE OF THIRD PARTY CLAIMS .......................................................... 89 ARTICLE 59. STATE LICENSE BOARD NOTICE.............................................................. 89 ARTICLE 60. INTEGRATION ............................................................................................... 90 ARTICLE 61. ASSIGNMENT................................................................................................. 90 ARTICLE 62. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY............................................................................................................ 90 ARTICLE 63. ASSIGNMENT OF ANTITRUST ACTIONS ................................................. 90 ARTICLE 64. PROHIBITTED INTERESTS………………………………………………...90 ARTICLE 65. LAWS AND REGULATIONS……………………………………………….91
ARTICLE 66. PATENET FEES OR ROYALTIES………………………………………….91 ARTICLE 67. OWNERSHIP OF DRAWING……………...………………………………..91 ARTICLE 68. NOTICE OF TAXABLE POSSESSORY………………………………….....92 ARTICLE 69. WATER MANAGEMENT PROGRAM……………………………………...92 ARTICLE 70. PLANT & TREE LOSS………………..……………………………………...93 SPECIAL PROVISIONS – SCOPE OF WORK……………………………………………… 96
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Packet Pg. 1001 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
NOTICE INVITING BIDS
3 CITY OF COLTON
NOTICE INVITING BIDS
The City of Colton, Public Works Department (“City”) will receive sealed bids for the CITY OF COLTON LANDSCAPE MAINTENANCE SERVICES for LLMD DISTRICT I AND II at the office of the CITY CLERK (located at 650 North La Cadena Drive, Colton, California, 92324), no later than April 13, 2023, 3:00 P.M., at which time or thereafter said bids will be opened and read aloud. Bids received after this time will be returned unopened. Bids shall be valid for 60 calendar days after the bid opening date.
Bids must be submitted on the City’s Bid Forms. Bids must be prepared on the approved Bid forms and in the manner prescribed in the Instructions to Bidders. Bids must be submitted in a sealed envelope which is plainly marked on the outside with the following: “ATTN.: SEALED
BID CITY OF COLTON LANDSCAPE MAINTENANCE SERVICES FOR LLMD DISTRICT I AND II. DO NOT OPEN WITH REGULAR MAIL.
WORK: Landscape maintenance, tree trimming and weed abatement in the Landscape and Lighting Maintenance District (LLMD) I and II.
Bidders may obtain a copy of the Contract Documents beginning March 20, 2023 at the City of Colton Public Works Department by emailing [email protected]. The documents can also be reviewed at counter of City of Colton Public Works Department. Bids must be accompanied by cash, a certified or cashier’s check, or a Bid Bond in favor of the City in an amount not less than ten percent (10%) of the submitted Total Bid Price. .
Bids must be accompanied by cash, a certified or cashier’s check, or a Bid Bond in favor of the City in an amount not less than ten percent (10%) of the submitted Total Bid Price.
A NON-MANDATORY Pre-Bid Conference will be held in the Corporate Yard Conference Room, 160 S. 10th Street, Colton, CA 92324 on the following date(s) and time(s): March 30, 2023, 10:00AM. Prospective bidders may visit the project area with arrangements through the Public Works Department. The Pre-Bid conference is mandatory. Proposals from Contractors who do not attend this mandatory Preproposal Conference will be rejected. The Pre-Bid conference will begin at the designated start time. Tardiness will be grounds for disqualification.
Each bid shall be accompanied by the security referred to in the Contract Documents, the noncollusion affidavit, the list of proposed subcontractors, and all additional documentation required by the Instructions to Bidders.
The successful bidder will be required to furnish the City with a Performance Bond equal to 100% of the successful bid, and a Payment (Labor and Materials) Bond equal to 100% of the successful bid, prior to execution of the Contract. All bonds are to be secured from a surety that meets all of the State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and is admitted by the State of California.
Pursuant to Public Contract Code Section 22300, the successful bidder may substitute certain securities for funds withheld by City to ensure his performance under the Contract.
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Packet Pg. 1002 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
NOTICE INVITING BIDS
4 The Director of Industrial Relations has determined the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract which will be awarded to the successful bidder, copies of which are on file and will be made available to any interested party upon request at Public Works Department of City of Colton or online at http://www.dir.ca.gov/dlsr. A copy of these rates shall be posted by the successful bidder at the job site. The successful bidder and all subcontractor(s) under him, shall comply with all applicable Labor Code provisions, which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Contract, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors. If the Work involves federal funds or otherwise requires compliance with the Davis-Bacon Fair Labor Standards Act, the Contractor and all its subcontractors shall comply with the higher of the state or federal prevailing wage rates.
Each bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the following appropriate classification(s) of contractor’s license(s), for the work bid upon, and must maintain the license(s) throughout the duration of the Contract: Bidders shall possess the following California Contractor’s license in order to perform the Work of this Project:
Class “C-27” or a letter from Contractor’s Licensing Board outlining the combination of various licenses necessary to perform all the work at the time the bid is submitted to the City. Bidders shall possess an active Qualified Applicator Licensees (QAL) from the California Department of Pesticide Regulation.
Pursuant to Public Contract Code Section 3400(b), if the City has made any findings designating certain materials, products, things, or services by specific brand or trade name, such findings and the materials, products, things, or services and their specific brand or trade names will be set forth in the Special Conditions.
Award of Contract: The City shall award the Contract for the Project to the lowest responsive, responsible bidder as determined from the base bid alone by the City. The City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.
For further information contact Victor Ortiz, P.E., Assistant Public Works Director/City Engineer, Public Works Department @ (909) 514-4210, or by E-mail [email protected]
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Packet Pg. 1003 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
INSTRUCTIONS TO BIDDERS
5 CITY OF COLTON
DEPARTMENT OF PUBLIC WORKS
INSTRUCTIONS TO BIDDERS
1. AVAILABILITY OF CONTRACT DOCUMENTS
Bids must be submitted to the City on the Bid Forms which are a part of the Bid Package for the Project. Prospective bidders may obtain one (1) complete set of Contract Documents at no cost.
Contract Documents may be obtained from the City at the location(s) and at the time(s) indicated in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Contract Documents. Any applicable charges for the Contract Documents are outlined in the Notice Inviting Bids.
The City may also make the Contract Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective bidders who choose to review the Contract Documents at a plan room must contact the City to obtain the required Contract Documents if they decide to submit a bid for the Project.
2. EXAMINATION OF CONTRACT DOCUMENTS
The City has made copies of the Contract Documents available, as indicated above. Bidders shall be solely responsible for examining the Project Site and the Contract Documents, including any Addenda issued during the bidding period, and for informing itself with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors’ licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law.
3. INTERPRETATION OF CONTRACT DOCUMENTS
Discrepancies in, and/or omissions from the Plans, Maps, Specifications or other Contract Documents or questions as to their meaning shall be immediately brought to the attention of the City by submission of a written request for an interpretation or correction to the City. Such submission, if any, must be sent to PERSON by emailing to [email protected] Any interpretation of the Contract Documents will be made only by written addenda duly issued and mailed or delivered to each person or firm who has purchased a set of Contract Documents.
The City will not be responsible for any explanations or interpretations provided in any other manner. No person is authorized to make any oral interpretation of any provision in the Contract Documents to any bidder, and no bidder should rely on any such oral interpretation.
Bids shall include complete compensation for all items that are noted in the Contract Documents as the responsibility of the Contractor.
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Packet Pg. 1004 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
INSTRUCTIONS TO BIDDERS
6 4. MANDATORY PRE-BID CONFERENCE AND SITE INSPECTION
Each prospective bidder is responsible for becoming fully acquainted with the conditions of the Project Sites (which includes more than one site), as well as those relating to the construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the cost or effort required to complete the Project. To this end, a Mandatory Pre-Bid Conference and Mandatory Site Inspection will be held on the date(s) and time(s) indicated in the Notice Inviting Bids.
5. ADDENDA
The City reserves the right to revise the Contract Documents prior to the bid opening date.
Revisions, if any, shall be made by written Addenda. All addenda issued by the City shall be included in the bid and made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, if the City issues an Addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of bids, the City will extend the deadline for submission of bids. The City may determine, in its sole discretion, whether an Addendum warrants postponement of the bid submission date. Each prospective bidder shall provide City a name, address and facsimile number to which Addenda may be sent, as well as a telephone number by which the City can contact the bidder. Copies of Addenda will be furnished by facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Contract Documents and provided such current information. Please Note:
Bidders are responsible for ensuring that they have received any and all Addenda. To this end, each bidder should contact the Public Works and Utility Services Department to verify that he has received all Addenda issued, if any, prior to the bid opening.
6. ALTERNATE BIDS
If alternate bid items are called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid only. However, the City may choose to award the contract on the basis of the base bid alone or the base bid and any alternate or combination of alternates. The time required for completion of the alternate bid items has been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate bid items. The City may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work, accordingly each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder.
7. COMPLETION OF BID FORMS
Bids shall only be prepared using copies of the Bid Forms which are included in the Contract Documents. The use of substitute bid forms other than clear and correct photocopies of those provided by the City will not be permitted. Bids shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting “N/A” where applicable) and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE
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Packet Pg. 1005 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
INSTRUCTIONS TO BIDDERS
7 PENCIL OR A TYPEWRITER IS REQUIRED. Deviations in the bid form may result in the bid being deemed non-responsive.
8. MODIFICATIONS OF BIDS
Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms, nor make substitutions thereon. Oral, telephonic and electronic modifications will not be considered, unless the Notice Inviting Bids authorizes the submission of electronic bids and modifications thereto and such modifications are made in accordance with the Notice Inviting Bids.
9. DESIGNATION OF SUBCONTRACTORS
Pursuant to the funding regulation, the Bidders must designate the name and location of each subcontractor who will perform work or render services for in the amount of $500, as well as the portion of work each such subcontractor will perform on the form provided herein by the City. No additional time will be provided to bidders to submit any of the requested information in the Designation of Subcontractor form.
10. LICENSING REQUIREMENTS
Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract.
Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and Bidders shall provide within five (5) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract. Please also note that, pursuant to Public Contract Code Section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code Section 2717(b) in order to supply mined material for this Contract.
11. SIGNING OF BIDS
All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom.
If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and
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Packet Pg. 1006 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
INSTRUCTIONS TO BIDDERS
8 (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom.
The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.
12. BID GUARANTEE (BOND)
Each bid shall be accompanied by: (a) cash; (b) a certified check made payable to the City; (c) a cashier’s check made payable to the City; or (d) a bid bond payable to the City executed by the bidder as principal and surety as obligor in an amount not less than 10% of the maximum amount of the bid. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The cash, check or bid bond shall be given as a guarantee that the bidder shall execute the Contract if it be awarded to the bidder, shall provide the payment and performance bonds and insurance certificates and endorsements as required herein within ten (10) calendar days after notification of the award of the Contract to the bidder. Failure to provide the required documents may result in forfeiture of the bidder’s bid deposit or bond to the City and the City may award the Contract to the next lowest responsive, responsible bidder, or may call for new bids.
13. SUBMISSION OF SEALED BIDS
Once the Bid and supporting documents have been completed and signed as set forth herein, they shall be placed, along with the Bid Guarantee and other required materials in an envelope, sealed, addressed and delivered or mailed, postage prepaid to the City at the place and to the attention of the person indicated in the Notice Inviting Bids. No oral or telephonic bids will be considered. No forms transmitted via the internet, e-mail, facsimile, or any other electronic means will be considered unless specifically authorized by City as provided herein. The envelope shall also contain the following in the lower left-hand corner thereof:
Bid of (Bidder’s Name)
for the CITY OF COLTON LANDSCAPE MAINTENANCE SERVICES FOR LLMD
DISTRICT I AND II
Only where expressly permitted in the Notice Inviting Bids, may Bidders submit their bids via electronic transmission pursuant to Public Contract Code Sections 1600 and 1601. The acceptable method(s) of electronic transmission shall be stated in the Notice Inviting Bids. City reserves the right to not accept electronically transmitted bids where not specifically authorized in the Notice Inviting Bids, and may reject any bid not strictly complying with City’s designated methods for delivery.
DELIVERY AND OPENING OF BIDS
Bids will be received by the City at the address shown in the Notice Inviting Bids up to the date and time shown therein. The City will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the Bidder. It is the Bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the dates(s) and time(s) indicated.
Bids will be opened at the date and time stated in the Notice Inviting Bids, and the amount of each
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Packet Pg. 1007 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
INSTRUCTIONS TO BIDDERS
9 Bid will be read aloud and recorded. All Bidders may, if they desire, attend the opening of Bids.
The City may in its sole discretion, elect to postpone the opening of the submitted Bids. City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid.
In the event of a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern.
14. WITHDRAWAL OF BID
Prior to bid opening, a Bid may be withdrawn by the Bidder only by means of a written request signed by the Bidder or its properly authorized representative.
15. BASIS OF AWARD; BALANCED BIDS
The City shall award the Contract to the lowest responsive, responsible Bidder submitting a responsive Bid. The City may reject any Bid which, in its opinion when compared to other bids received or to the City’s internal estimates, does not accurately reflect the cost to perform the Work. The City may reject as non-responsive any bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items.
16. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID No bidder shall be allowed to make, submit or be interested in more than one bid. However, a person, firm, corporation or other entity that has submitted a subproposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders submitting a bid to the City. No person, firm, corporation, or other entity may submit subproposal to a bidder, or quote prices of materials to a bidder, when also submitting a prime bid on the same Project.
17. INSURANCE REQUIREMENTS
The successful bidder shall procure the insurance in the form and in the amount specified in the Contract Documents.
18. AWARD PROCESS
Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the City Council may award the contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment (Labor and Materials) Bond; and (3) the required insurance certificates and endorsements. Once the City notifies the Bidder of the award, the Bidder will have ten (10) consecutive calendar days from the date of this notification to execute the Contract and supply the City with all of the required documents and certifications.
Regardless whether the Bidder supplies the required documents and certifications in a timely manner, the Contract time will begin to run ten (10) calendar days from the date of the notification.
Once the City receives all of the properly drafted and executed documents and certifications from the Bidder, the City shall issue a Notice to Proceed to that Bidder.
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Packet Pg. 1008 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
INSTRUCTIONS TO BIDDERS
10 19. FILING OF BID PROTESTS
Bidders may file a “protest” of a Bid with the City’s City Engineer. In order for a Bidder’s protest to be considered valid, the protest must:
A. Be filed in writing within five (5) calendar days after the bid opening date; B. Clearly identify the specific irregularity or accusation; C. Clearly identify the specific City staff determination or recommendation being protested;
D. Specify, in detail, the grounds of the protest and the facts supporting the protest; and
E. Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each of these requirements, it will be rejected as invalid.
If the protest is valid, the City’s City Engineer, or other designated City staff member, shall review the basis of the protest and all relevant information. The City Engineer will provide a written decision to the protestor. The protestor may then appeal the decision of the City Engineer to the City Manager.
20. WORKERS COMPENSATION
Each bidder shall submit the Contractor’s Certificate Regarding Workers’ Compensation form.
21. SUBSTITUTION OF SECURITY
The Contract Documents call for monthly progress payments based upon the percentage of the work completed. The City will retain ten percent (10%) of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the City will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.
22. PREVAILING WAGES
The City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are on file and available at Public Works Department or may be obtained online at http://www.dir.ca.gov/dlsr. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s).
Bidders are advised that this project is funded with Community Development Block Grant funds. The requirements of the Davis-Bacon Act will apply to this project, and those requirements will be enforced. The prime contractor and subcontractors are required to pay their laborers and mechanics employed under this Contract, a wage not less than minimum wage classification as
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Packet Pg. 1009 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
INSTRUCTIONS TO BIDDERS
11 specified in both the Federal and State Wage Decision when the Contract amount for the Prime Contract exceeds $500. The higher of the two applicable wage classifications, either State Prevailing Wage or Davis-Bacon Federal Prevailing Wage, will be enforced for all work under this Contract. The prime contractor is responsible for ensuring subcontractor compliance with Davis-Bacon and related Act Requirements. The Federal Labor Standards Provisions (HUD 4010) apply to this project.”
A copy of the Davis-Bacon Federal Prevailing Wage, the date of which reflects the latest applicable modification at the time of this advertisement, is included in the Contract Documents & Specifications. Bidders shall be notified, via Addendum, of modifications, if any, which supersede that included herein, up until a minimum of ten (10) days prior to the actual Bid Opening.
23. DEPARTMENT OF CONTRACTORS AND SUBCONTRACTORS
In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section 1777.1 or Section 1777.7 of the Labor Code. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.
24. PERFORMANCE BOND AND PAYMENT (LABOR AND MATERIALS) BOND
REQUIREMENTS
Within the time specified in the Contract Documents, the Bidder to whom a Contract is awarded shall deliver to the City four identical counterparts of the Performance Bond and Payment (Labor and Materials) Bond in the form supplied by the City and included in the Contract Documents.
Failure to do so may, in the sole discretion of City, result in the forfeiture of the Bid Guarantee.
The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment (Labor and Materials) Bond shall be for one hundred percent (100%) of the Total Bid Price.
25. REQUEST FOR SUBSTITUTIONS
The successful bidder shall comply with the substitution request provisions set forth in the Special Conditions, including any deadlines for substitution requests which may occur prior to the bid opening date.
26. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Contract Documents.
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Packet Pg. 1010 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
INSTRUCTIONS TO BIDDERS
12 27. EXECUTION OF CONTRACT
As required herein the Bidder to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The City may require appropriate evidence that the persons executing the Contract are duly empowered to do so.
END OF INSTRUCTIONS TO BIDDERS
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Packet Pg. 1011 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
BID SCHEDULE
13 BID FORM
NAME OF BIDDER:
The undersigned, hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any, for the following Project:
CITY OF COLTON LANDSCAPE MAINTENANCE SERVICES FOR LLMD DISTRICT I AND II We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project for the following TOTAL BID PRICE:
BASE
BID
BASE BID PRICE
(IN WRITTEN FORM)
BID PRICE
(IN NUMBERS)
TOTAL
BID PRICE
In case of discrepancy between the written price and the numerical price, the written price shall prevail.
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Packet Pg. 1012 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
BID SCHEDULE
14 BID FORM
NAME OF BIDDER:
The undersigned, hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any, for the following Project:
CITY OF COLTON LANDSCAPE MAINTENANCE SERVICES FOR LLMD
DISTRICT I AND II
Each Proposal will be evaluated by the following criteria:
Proposals received will first be reviewed for completeness and inclusion of the information specified in the submittal requirements. The absence of required information may result in exclusion from further consideration.
Proposals will be evaluated based on the lowest responsive, responsible Bidder submitting a responsive Bid. Lowest bids will be determined from a cumulative grand total from rates requested in the Bid Schedule for the LLMD II and LLMD II areas.
This contract will be valid for one (1) calendar year from the date of Notice to Proceed. At the end of the year, the City shall have the option to extend the contract for an additional three (3) one year periods. The extensions will be based upon the City of Colton’s satisfaction with the contractor’s work and services. At any time during the original contract time period or the three (3) one year extensions, if The City of Colton’s deems that the contractor is failing to fulfill their contractual obligation, the city will have the right to terminate the contract.
No price increases will be permitted during the first period of the Contract. All price decreases will automatically be extended to the City. For each renewable extension, the price increase or decrease will reflect the consumer price index (CPI) of the Riverside-San Bernardino-Ontario area as specified per State of California Department of Labor. No retroactive price adjustments will be considered. The City may enforce, adjust, negotiate, or cancel escalating price Contracts or take any other action it deems appropriate, as it sees fit. The net dollar amount of profit will remain firm during the period of the Contract. Adjustments increasing the Contractor’s profit will not be allowed.
We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project for the following TOTAL BID PRICE:
SITE COST PER MONTH TOTAL COST FOR 12 MONTHS
LLMD 1 _____________________ ___________________________________ LLMD 2 _____________________ ___________________________________
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Packet Pg. 1013 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
BID SCHEDULE
15 TOTAL BID AMOUNT FOR 12 MONTHS (Total cost Line Items 1 thru 2) $____________________________________________
Numerical Value
________________________________________________________________________ Written Price
In case of discrepancy between the unit price and the item cost set forth for a unit basis item, the unit price shall prevail and, shall be utilized as the basis for determining the lowest responsive, responsible bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the “Item Cost” column, then the amount set forth in the “Item Cost” column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price.
Final payment shall be determined by the Engineer from measured quantities of work performed based upon the unit price.
In case of discrepancy between the written price and the numerical price, the written price shall prevail.
The undersigned agrees that this Bid Form constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the bid opening, or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier.
The Contract duration shall commence on the date stated in the City’s Notice to Proceed, and shall be completed by the Contractor in the time specified in the Contract Documents. In no case shall the Contractor commence construction prior to the date stated in the City’s Notice to Proceed.
Bidder certifies that it is licensed in accordance with the law providing for the registration of Contractors, License No. _________, Expiration Date _______, class of license _____. If the bidder is a joint venture, each member of the joint venture must include the above information.
The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents.
1. Addenda No. __________thru _____________
2. Attached is the required bid security in the amount of not less than 10% of the Total Bid Price.
3. Attached is the fully executed Non-Collusion Affidavit form.
4. Attached is the completed Designation of Subcontractors form.
5. Attached is the completed Bidder Information Form.
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Packet Pg. 1014 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
BID SCHEDULE
16 6. Attached is the completed Contractor’s Certificate Regarding Workers’ Compensation form.
7. Bidder acknowledges and understands that, pursuant to Public Contract Code Section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code Section 2717(b) in order to supply mined material for this Contract.
I hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.
Name of Bidder
Signature
Name and Title
Dated
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Packet Pg. 1015 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) CONTRACTOR’S CERTIFICATE REGARDING
WORKERS’ COMPENSATION
17 CONTRACTOR’S CERTIFICATE REGARDING
WORKERS’ COMPENSATION
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.
Name of Bidder
Signature
Name
Title
Dated
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Packet Pg. 1016 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
BID BOND
18 BID BOND
The makers of this bond are, _____________________________ ______________________________________________, as Principal, and _______________ ___________________________________________, as Surety and are held and firmly bound unto the City of Colton, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to CITY for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated ____________ , 20 ____, for CITY OF COLTON LANDSCAPE
AND LIGHTING MAINTENANCE DISTRICT I AND II (LLMD I&II)
If the Principal does not withdraw its bid within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall in affect its obligation under this bond, and Surety does hereby waive notice of any such changes.
In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and expenses.
IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this _______ day of ________________, 20____, the name and corporate seal of each corporation.
(Corporate Seal)
Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
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Packet Pg. 1017 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
BID BOND
19 STATE OF CALIFORNIA )
) ss.
CITY OF ___________ )
On this ________ day of ___________________, in the year 20____, before me, ___________________________, a Notary Public in and for said state, personally appeared _________________________________, known to me to be the person whose name is subscribed to the within instrument as the Attorney-In-Fact of the (Surety) acknowledged to me that he subscribed the name of the ___________________________ (Surety) thereto and his own name as Attorney-In-Fact.
Notary Public in and for said State
(SEAL)
Commission expires: _______________
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.
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Packet Pg. 1018 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
DESIGNATION OF SUBCONTRACTORS
20 DESIGNATION OF SUBCONTRACTORS
In compliance with the Subletting and Subcontracting Fair Practices Act of the Public Contract Code of the State of California, each bidder shall set forth below: (a) the name and the location of the place of business and (b) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Price. Notwithstanding the foregoing, if the work involves streets and highways, then the Contractor shall list each subcontractor who will perform work or labor or render service to Contractor in or about the work in an amount in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.
If no subcontractor is specified, for a portion of the work, or if more than one subcontractor is specified for the same portion of Work, to be performed under the Contract in excess of one-half of one percent (1/2%) of the Contractor’s Total Bid Price or $10,000, whichever is greater if the work involves streets or highways, then the Contractor shall be deemed to have agreed that it is fully qualified to perform that Work, and that it shall perform that portion itself.
Portion of the Work Subcontractor Location of Business % of the Work
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Packet Pg. 1019 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
DESIGNATION OF SUBCONTRACTORS
21 Portion of the Work Subcontractor Location of Business % of the Work Name of Bidder
Signature
Name and Title
Dated
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Packet Pg. 1020 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
INFORMATION REQUIRED OF BIDDERS
22 INFORMATION REQUIRED OF BIDDERS
A. INFORMATION ABOUT BIDDER
[**Indicate not applicable (“N/A”) where appropriate.**] NOTE:Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.
1.0 Name of Bidder: ___________________________________________
2.0 Type, if Entity: ___________________________________________
3.0 Bidder Address: ___________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ Facsimile Number Telephone Number
4.0 How many years has Bidder’s organization been in business as a Contractor? ______________________________
5.0 How many years has Bidder’s organization been in business under its present name? ________________________
5.1 Under what other or former names has Bidder’s organization operated?:_______________________________________________
6.0 If Bidder’s organization is a corporation, answer the following:
6.1 Date of Incorporation: ________________________________
6.2 State of Incorporation: ________________________________
6.3 President’s Name: ________________________________
6.4 Vice-President’s Name(s): ________________________________ ________________________________
6.5 Secretary’s Name: ________________________________
6.6 Treasurer’s Name: ________________________________
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Packet Pg. 1021 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
INFORMATION REQUIRED OF BIDDERS
23 7.0 If an individual or a partnership, answer the following:
7.1 Date of Organization: ______________________________________
7.2 Name and address of all partners (state whether general or limited partnership):
___________________________________________________________ ___________________________________________________________ ___________________________________________________________
8.0 If other than a corporation or partnership, describe organization and name principals:
___________________________________________________________ ___________________________________________________________
9.0 List other states in which Bidder’s organization is legally qualified to do business. ___________________________________________________________ ___________________________________________________________ ___________________________________________________________
10.0 What type of work does the Bidder normally perform with its own forces? ___________________________________________________________ ___________________________________________________________
11.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:
___________________________________________________________ ___________________________________________________________
12.0 Within the last five years, has any officer or partner of Bidder’s organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:
___________________________________________________________ ___________________________________________________________
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Packet Pg. 1022 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
INFORMATION REQUIRED OF BIDDERS
24 14.0 List Trade References:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________
15.0 List Bank References (Bank and Branch Address):
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________
16.0 Name of Bonding Company and Name and Address of Agent:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________
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Packet Pg. 1023 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
INFORMATION REQUIRED OF BIDDERS
25 B. LIST OF CURRENT PROJECTS (Backlog)
[**Duplicate Page if needed for listing additional current projects.**] Project Description of
Bidder’s Work
Completion
Date
Cost of Bidder’s
Work
Contact Name &
Phone
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Packet Pg. 1024 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
INFORMATION REQUIRED OF BIDDERS
26 C. LIST OF COMPLETED PROJECTS - LAST THREE YEARS
[**Duplicate Page if needed for listing additional completed projects.**] Please include only those projects which are similar enough to demonstrate Bidder’s ability to perform the required Work.
Project Client Description of
Bidder’s Work
Period of
Performance
Cost of Bidder’s
Work
Contact Name &
Phone
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Packet Pg. 1025 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
INFORMATION REQUIRED OF BIDDERS
27 D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:
The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.
1. List each person’s job title, name and percent of time to be allocated to this project:
2. Summarize each person’s specialized education:
3. List each person’s years of construction experience relevant to the project:
4. Summarize such experience:
Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.
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Packet Pg. 1026 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
INFORMATION REQUIRED OF BIDDERS
28 Additional Bidder’s Statements:
If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:
E. VERIFICATION AND EXECUTION
These Bid Forms shall be executed only by a duly authorized official of the Bidder:
I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct:
Name of Bidder
Signature
Name
Title
Dated
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Packet Pg. 1027 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
NON-COLLUSION AFFIDAVIT
29 NON-COLLUSION AFFIDAVIT
I, , being first duly sworn, deposes and says that
he is of ______________________ the party making the attached bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Name of Bidder
Signature
Name
Title
Dated
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Packet Pg. 1028 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) (BB&K: 2-12)
23152.06040\1329338.6
CITY OF COLTON
MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this _____ day of ____, _________ by and between the City of Colton, a municipal corporation organized under the laws of the State of California with its principal place of business at 650 North La Cadena Drive, Colton, California 92324 (“City”) and [***INSERT NAME***], a [***[INSERT TYPE OF ENTITY -
CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY]***] with its principal place of business at [***INSERT ADDRESS***] (“Contractor”).
City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing [***INSERT TYPE OF SERVICES***] services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, 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 [***INSERT NAME OF PROJECT***] project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [***INSERT TYPE OF SERVICES***] maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
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Packet Pg. 1029 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) 31 (BB&K: 2-12)
23152.06040\1329338.6
3.1.2 Term. The term of this Agreement shall be from [***INSERT START DATE***] to [***INSERT ENDING DATE***], unless earlier terminated as provided herein.
Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be 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 [***INSERT NAME OR TITLE***], or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates [***INSERT NAME OR TITLE***], or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this 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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3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services 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 subcontractors 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 pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of [***INSERT WRITTEN DOLLAR AMOUNT***] Dollars ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all
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Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract 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 inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its subsections.
3.2.10.2 Employment Eligibility; Subcontractors, Subsubcontractors 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
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immediately remove from the Project any person found not to be in compliance with such requirements.
3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuelpowered engine. Contractor shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, 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
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the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the 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. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.
3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: 1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: 1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’
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Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of 1,000,000 per accident for bodily injury or disease.
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) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; 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.
(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. (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 prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.
3.2.11.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
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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 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.
3.2.11.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.2.11.8 Reporting of Claims. Contractorshall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving 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
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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.
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.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation shall not exceed [***INSERT WRITTEN DOLLAR AMOUNT***] ($[***INSERT NUMERICAL DOLLAR AMOUNT***]) without written approval of City’s [***INSERT TITLE***]. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
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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 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 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 without written authorization from City’s Representative.
3.3.5 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. [***INSERT “IF” OR “SINCE” AS APPROPRIATE***] the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and [***INSERT “IF” OR “SINCE” AS APPROPRIATE***] the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
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
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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:
[***INSERT NAME, ADDRESS & CONTACT PERSON***]
City:
City of Colton
650 North La Cadena Drive
Colton, California 92324
Attn: [***INSERT NAME & DEPARTMENT***]
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
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, suits, actions or other proceedings of every kind covered by Section 3.5.6.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents.
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Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents 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 directors, officials, officers, employees, agents or 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 directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents, or volunteers.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.
In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.
All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of
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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, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.5.16 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.
3.5.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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Packet Pg. 1041 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) 43 (BB&K: 2-12)
23152.06040\1329338.6
3.5.18 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.
3.5.19 Federal Provisions. When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON NEXT PAGE]
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Packet Pg. 1042 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) 44 (BB&K: 2-12)
23152.06040\1329338.6
SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND [***INSERT NAME***]
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***].
CITY OF COLTON
By: _________________________
[***INSERT NAME***]
[***INSERT TITLE***]
Attest: _________________________
[***INSERT NAME***]
City Clerk
[***INSERT NAME OF CONTRACTOR***]
a [***INSERT TYPE OF LEGAL ENTITY***]
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print
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Packet Pg. 1043 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) 45 (BB&K: 2
-12)
23152.06040\1329338.6
EXHIBIT “A”
SCOPE OF SERVICES
[***INSERT SCOPE***]
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Packet Pg. 1044 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) 46 (BB&K: 2
-12)
23152.06040\1329338.6
EXHIBIT “B”
SCHEDULE OF SERVICES
[***INSERT SCHEDULE***]
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Packet Pg. 1045 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) 47 (BB&K: 2-12)
23152.06040\1329338.6
EXHIBIT “C”
COMPENSATION
[***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***] [***SEE SECTION 3.2.13 ABOVE AND INSERT CITY’S REQUIREMENT FOR PERFORMANCE/PAYMENT BONDS, IF APPLICABLE; IF NOT REQUIRED, STATE THAT THEY ARE NOT REQUIRED***]
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Packet Pg. 1046 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
CONTRACT
48 EXHIBIT “D”
FEDERAL REQUIREMENTS
[***INSERT ALL FORMS, PROVISIONS AND OTHER REQUIREMENTS OF THE FEDERAL FUNDING SOURCE***]
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Packet Pg. 1047 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
CONTRACT
49 EXHIBIT “E”
CONTRACT MODIFICATIONS
[***INSERT SECTION OF CONTRACT TO BE AMENDED AND NEW WORDING TO REPLACE THE SECTION***]
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Packet Pg. 1048 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
PERFORMANCE BOND
50 PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, ___________________________ (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.
The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains.
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Packet Pg. 1049 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
PERFORMANCE BOND
51 Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the CITY, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[Remainder of Page Left Intentionally Blank.]
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Packet Pg. 1050 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
PERFORMANCE BOND
52 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20_____.
_________________________________________
CONTRACTOR/PRINCIPAL
_________________________________________
Name
By_______________________________________
SURETY:
By: ______________________________________
Attorney-In-Fact
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California
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Packet Pg. 1051 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
PERFORMANCE BOND
53 STATE OF CALIFORNIA )
) ss.
CITY OF ___________ )
On this ________ day of ___________________, in the year 20_____, before me, ___________________________, a Notary Public in and for said state, personally appeared _________________________________, known to me to be the person whose name is subscribed to the within instrument as the Attorney-In-Fact of the (Surety) acknowledged to me that he subscribed the name of the ___________________________ (Surety) thereto and his own name as Attorney-In-Fact.
Notary Public in and for said State
(SEAL)
Commission expires: _______________
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.
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Packet Pg. 1052 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
PAYMENT (LABOR AND MATERIALS) BOND
54 PAYMENT BOND (LABOR AND MATERIALS)
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Colton (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____, has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
____________________________________________________________________________ (the “Project”); and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 3181 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of
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Packet Pg. 1053 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
PAYMENT (LABOR AND MATERIALS) BOND
55 any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed unoriginal thereof, have been duly executed by the Principal and Surety above named, on the _____ day of ______________________ 20______, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed b its undersigned representative pursuant to authority of its governing body. (Corporate Seal of Principal,
if corporation) Principal (Property Name of Contractor) By
(Signature of Contractor)
(Seal of Surety)
Surety
By
Attorney in Fact
(Attached Attorney-In-Fact
Certificate and Required
Acknowledgements)
*Note: Appropriate Notarial Acknowledgments of Execution by Contractor and +surety and a power of Attorney MUST BE ATTACHED.
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Packet Pg. 1054 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
GENERAL CONDITIONS
56 GENERAL CONDITIONS
ARTICLE 1. DEFINITIONS
a. Acceptable, Acceptance or words of similar import shall be understood to be the acceptance of the Engineer and/or the City .
b. Act of Nature an Act of Nature is an inevitable event resultant from a force of nature, not of human origin.
c. Approval means written authorization by Engineer and/or City . d. Contract Documents includes all documents as stated in the Contract. e. City and Contractor are those stated in the Contract. The terms City and Owner may be used interchangeably.
f. Day shall mean calendar day unless otherwise specifically designated. g. Engineer shall mean the General Manager, or his or her designee, of the Department of Public Works for the City of Colton, acting either directly or through properly authorized agents, such as agents acting within the scope of the particular duties entrusted to them.
Also sometimes referred to as the “City’s Representative” or “Representative” in the Contract Documents.
h. Equal, Equivalent, Satisfactory, Directed, Designated, Selected, As Required and similar words shall mean the written approval, selection, satisfaction, direction, or similar action of the Engineer and/or City.
i. Indicated, Shown, Detailed, Noted, Scheduled or words of similar meaning shall mean that reference is made to the drawings, unless otherwise noted. It shall be understood that the direction, designation, selection, or similar import of the Engineer and/or City is intended, unless stated otherwise.
j. Install means the complete installation of any item, equipment or material. k. Material shall include machinery, equipment, manufactured articles, or construction such as form work, fasteners, etc., and any other classes of material to be furnished in connection with the Contract. All materials shall be new unless specified otherwise. l. Perform shall mean that the Contractor, at Contractor’s expense, shall take all actions necessary to complete The Work, including furnishing of necessary labor, tools, and equipment, and providing and installing Materials that are indicated, specified, or required to complete such performance.
m. Project is The Work planned by City as provided in the Contract Documents.
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Packet Pg. 1055 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
GENERAL CONDITIONS
57 n. Provide shall include provide complete in place, that is furnish, install, test and make ready for use.
o. Recyclable Waste Materials shall mean materials removed from the Project site which are required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock. p. Specifications means that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the work. Except for Sections 1-9 of the Standard Specifications for Public Works Construction (“Greenbook”), 2006 Edition which are specifically excluded from incorporation into these Contract Documents, the Work shall be done in accordance with the Greenbook, including all current supplements, addenda, and revisions thereof. In the case of conflict between the Greenbook and the Contract Documents, the Contract Documents shall prevail.
q. The Work means the entire improvement planned by the City pursuant to the Contract Documents.
r. Work means labor, equipment and materials incorporated in, or to be incorporated in the construction covered by the Contract Documents.
ARTICLE 2. CONTRACT DOCUMENTS
a. Contract Documents. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. b. Interpretations. The Contract Documents are intended to be fully cooperative and to be complementary. If Contractor observes that any documents are in conflict, the Contractor shall promptly notify the Engineer in writing. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:
1. Change Orders or Work Change Directives
2. Addenda
3. Special Provisions (or Special Conditions)
4. Technical Specifications
5. Plans (Contract Drawings, Maps)
6. Contract
7. General Conditions
8. Instructions to Bidders
9. Notice Inviting Bids
10. Contractor’s Bid Forms
11. Greenbook Standard Specifications (Sections 1-9 Excluded)
12. Standard Plans
13. Reference Documents
With reference to the Drawings, the order of precedence shall be as follows:
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Packet Pg. 1056 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
GENERAL CONDITIONS
58 1. Figures govern over scaled dimensions
2. Detail drawings govern over general drawings
3. Addenda or Change Order drawings govern over Contract Drawings
4. Contract Drawings govern over Standard Drawings
5. Contract Drawings govern over Shop Drawings
c. Conflicts in Contract Documents. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard shall always apply. d. Organization of Contract Documents. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing The Work among subcontractors or in establishing the extent of Work to be performed by any trade.
ARTICLE 3. CONTRACTS DOCUMENTS: COPIES & MAINTENANCE
Contractor will be furnished, free of charge, five (5) copies of the Contract Documents. Additional copies may be obtained at cost of reproduction.
Contractor shall maintain a clean, undamaged set of Contract Documents at the Project site.
ARTICLE 4. DETAIL DRAWINGS AND INSTRUCTIONS
a. Examination of Contract Documents. Before commencing any portion of The Work, Contractor shall again carefully examine all applicable Contract Documents, the Project site and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity, conflict or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any subcontractor proceed with Work if uncertain as to the applicable requirements.
b. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work.
c. Quality of Parts, Construction and Finish. All parts of The Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish. In no case shall Contractor proceed with The Work without obtaining first from the Engineer such Approval may be necessary for the proper performance of Work.
d. Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all applicable laws, ordinances, rules and regulations, the
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Packet Pg. 1057 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
GENERAL CONDITIONS
59 Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense.
ARTICLE 5. EXISTENCE OF UTILITIES AT THE WORK SITE
a. The City has endeavored to determine the existence of utilities at the Project site from the records of the owners of known utilities in the vicinity of the Project. The positions of these utilities as derived from such records are shown on the Plans. b. No excavations were made to verify the locations shown for underground utilities. The service connections to these utilities are not shown on the plans. It shall be the responsibility of the Contractor to determine the exact location of all service connections.
The Contractor shall make its own investigations, including exploratory excavations, to determine the locations and type of service connections, prior to commencing Work which could result in damage to such utilities. The Contractor shall immediately notify the City in writing of any utility discovered in a different position than shown on the Plans or which is not shown on the Plans.
c. All water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to final grade by the Contractor. Locations of existing utilities shown on the Plans are approximate and may not be complete. The Contractor shall be responsible for coordinating its Work with all utility companies during the construction of The Work. d. Notwithstanding the above, pursuant to Section 4215 of the Government Code, the City has the responsibility to identify, with reasonable accuracy, main or trunkline facilities on the plans and specifications. In the event that main or trunkline utility facilities are not identified with reasonable accuracy in the plans and specifications made a part of the invitation for bids, City shall assume the responsibility for their timely removal, relocation, or protection.
e. Contractor, except in an emergency, shall contact the appropriate regional notification center, Southern California Underground Service Alert (USA) at 1-800-227-2600 at least two working days prior to commencing any excavation if the excavation will be performed in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the City, and obtain an inquiry identification number from that notification center. No excavation shall be commenced or carried out by the Contractor unless such an inquiry identification number has been assigned to the Contractor or any subcontractor of the Contractor and the City has been given the identification number by the Contractor.
ARTICLE 6. SCHEDULE
a. Estimated Schedule. Within fourteen (14) days after the issuance of the Notice to Proceed, Contractor shall prepare a Project schedule and shall submit this to the Engineer for Approval. The receipt or Approval of any schedules by the Engineer or the City shall not in any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsible to determine and provide for any and all staffing and
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Packet Pg. 1058 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
GENERAL CONDITIONS
60 resources at levels which allow for good quality and timely completion of the Project.
Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contract time period. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the Engineer.
b. Schedule Contents. The schedule shall allow enough time for inclement weather. The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non-critical activities. The schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Project within the time specified for completion. Schedule duration shall match the Contract time.
Schedules indicating early completion will be rejected. c. Schedule Updates. Contractor shall continuously update its construction schedule.
Contractor shall submit an updated and accurate construction schedule to the Engineer whenever requested to do so by Engineer and with each progress payment request. The Engineer may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule.
ARTICLE 7. SUBSTITUTIONS
a. Pursuant to Public Contract Code Section 3400(b) the City may make a finding that is described in the invitation for bids that designates certain products, things, or services by specific brand or trade name.
b. Unless specifically designated in the Contract Documents, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in the Contract Documents. However, the City may have adopted certain uniform standards for certain materials, processes and articles. c. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with the Contractor. The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted.
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Packet Pg. 1059 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
GENERAL CONDITIONS
61 d. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from the Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution. e. The Contractor shall bear all of the City’s costs associated with the review of substitution requests.
f. The Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article.
g. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.
ARTICLE 8. SHOP DRAWINGS
a. Contractor shall check and verify all field measurements and shall submit with such promptness as to provide adequate time for review and cause no delay in his own Work or in that of any other contractor, subcontractor, or worker on the Project, six (6) copies of all shop or setting drawings, calculations, schedules, and materials list, and all other provisions required by the Contract. Contractor shall sign all submittals affirming that submittals have been reviewed and approved by Contractor prior to submission to Engineer. Each signed submittal shall affirm that the submittal meets all the requirements of the Contract Documents except as specifically and clearly noted and listed on the cover sheet of the submittal.
b. Contractor shall make any corrections required by the Engineer, and file with the Engineer six (6) corrected copies each, and furnish such other copies as may be needed for completion of the Work. Engineer’s approval of shop drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called Engineer’s attention to such deviations at time of submission and has secured the Engineer’s written Approval. Engineer’s Approval of shop drawings shall not relieve Contractor from responsibility for errors in shop drawings.
ARTICLE 9. SUBMITTALS
a. Contractor shall furnish to the Engineer for approval, prior to purchasing or commencing any Work, a log of all samples, material lists and certifications, mix designs, schedules, and other submittals, as required in the specifications. The log shall indicate whether samples will be provided in accordance with other provisions of this Contract.
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Packet Pg. 1060 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
GENERAL CONDITIONS
62 b. Contractor will provide samples and submittals, together with catalogs and supporting data required by the Engineer, to the Engineer within a reasonable time period to provide for adequate review and avoid delays in the Work.
c. These requirements shall not authorize any extension of time for performance of this Contract. Engineer will check and approve such samples, but only for conformance with design concept of work and for compliance with information given in the Contract Documents. Work shall be in accordance with approved samples and submittals.
ARTICLE 10. MATERIALS
a. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities of every nature whatsoever necessary to execute and complete this Contract within specified time.
b. Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality. c. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of The Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work.
d. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the work and agrees upon completion of all work to deliver the Project, to the City free from any claims, liens, or charges.
e. Materials shall be stored on the Project site in such manner so as not to interfere with any operations of the City or any independent contractor.
ARTICLE 11. CONTRACTOR’S SUPERVISION
Contractor shall continuously keep at the Project site, a competent and experienced full-time Project superintendent approved by the City. Superintendent must be able to proficiently speak, read and write in English, Email and otherwise communicate with City Staff. Contractor shall continuously provide efficient supervision of the Project.
ARTICLE 12. WORKERS
a. Contractor shall at all times enforce strict discipline and good order among its employees.
Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her.
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Packet Pg. 1061 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
GENERAL CONDITIONS
63 b. Any person in the employ of the Contractor whom the City may deem incompetent or unfit shall be dismissed from The Work and shall not be employed on this Project except with the written Approval of the City.
ARTICLE 13. SUBCONTRACTORS
a. Contractor agrees to bind every subcontractor to the terms of the Contract Documents as far as such terms are applicable to subcontractor’s portion of The Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and the City.
b. The City reserves the right to Approve all subcontractors. The City’s Approval of any subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents.
c. Prior to substituting any subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq.
ARTICLE 14. PERMITS AND LICENSES
Permits and licenses necessary for prosecution of The Work shall be secured and paid for by Contractor, unless otherwise specified in the Contract Documents. a. Contractor shall obtain and pay for all other permits and licenses required for The Work, including excavation permit and for plumbing, mechanical and electrical work and for operations in or over public streets or right of way under jurisdiction of public agencies other than the City.
b. The Contractor shall arrange and pay for all off-site inspection of the Work related to permits and licenses, including certification, required by the specifications, drawings, or by governing authorities, except for such off-site inspections delineated as the City's responsibility pursuant to the Contract Documents.
c. Before Acceptance of the Project, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the City.
ARTICLE 15. UTILITY USAGE
a. All temporary utilities, including but not limited to electricity, water, gas, and telephone, used on the Work shall be furnished and paid for by Contractor. Contractor shall Provide necessary temporary distribution systems, including meters, if necessary, from distribution points to points on The Work where the utility is needed. Upon completion of The Work, Contractor shall remove all temporary distribution systems.
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Packet Pg. 1062 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
GENERAL CONDITIONS
64 b. Contractor shall provide necessary and adequate utilities and pay all costs for water, electricity, gas, oil, and sewer charges required for completion of the Project. c. All permanent meters Installed shall be listed in the Contractor’s name until Project Acceptance.
d. If the Contract is for construction in existing facilities, Contractor may, with prior written Approval of the City, use the City’s existing utilities by compensating the City for utilities used by Contractor.
ARTICLE 16. INSPECTION FEES FOR PERMANENT UTILITIES
All inspection fees and other municipal charges for permanent utilities including, but not limited to, sewer, electrical, phone, gas, water, and irrigation shall be paid for by the City. Contractor shall be responsible for arranging the payment of such fees, but inspection fees and other municipal fees relating to permanent utilities shall be paid by the City. Contractor may either request reimbursement from the City for such fees, or shall be responsible for arranging and coordination with City for the payment of such fees.
ARTICLE 17. TRENCHES
a. Trenches Five Feet or More in Depth. The Contractor shall submit to the City, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of any trench or trenches five feet or more in depth. If the plan varies from shoring system standards, the plan shall be prepared by a registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations.
b. Excavations Deeper than Four Feet. If work under this Contract involves digging trenches or other excavation that extends deeper than four feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any:
1) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
2) Subsurface or latent physical conditions at the site differing from those indicated. 3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.
The City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in
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Packet Pg. 1063 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
GENERAL CONDITIONS
65 Contractor’s cost of, or the time required for, performance of any part of The Work, shall issue a change order under the procedures described in the Contract Documents.
In the event that a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of The Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties.
ARTICLE 18. DIVERSION OF RECYCLABLE & GREEN WASTE MATERIALS In compliance with the applicable City’s waste reduction and recycling efforts, Contractor shall divert all Recyclable & Green Waste Materials to appropriate recycling centers. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by City or other applicable agencies to document Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.
ARTICLE 19. REMOVAL OF HAZARDOUS MATERIALS
Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes and hazardous materials which have not been rendered harmless at the Project site, the Contractor shall immediately stop work at the affected Project site and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs and other toxic wastes and hazardous materials, if required by the Project site(s), and shall not require the Contractor to subcontract for such services. The Work in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor.
ARTICLE 20. SANITARY FACILITIES
Contractor shall provide sanitary temporary toilet buildings for the use of all workers. All toilets shall comply with local codes and ordinances. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by CAL-OSHA regulation.
The toilets shall be maintained in a sanitary condition at all times. Use of toilet facilities in The Work under construction shall not be permitted. Any other Sanitary Facilities required by CALOSHA shall be the responsibility of the Contractor.
ARTICLE 21. AIR POLLUTION CONTROL
Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes.
All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements.
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Packet Pg. 1064 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
GENERAL CONDITIONS
66 ARTICLE 22. COMPLIANCE WITH STATE STORM WATER PERMIT a. Contractor shall be required to comply with all conditions of the State Water Resources Control Board (“State Water Board”) National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity (“Permit”) for all construction activity which results in the disturbance of in excess of one acre of total land area or which is part of a larger common area of development or sale. Contractor shall be responsible for filing the Notice of Intent and for obtaining the Permit. Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (“SWPPP”) prior to initiating Work. In bidding on this Contract, it shall be Contractor’s responsibility to evaluate the cost of procuring the Permit and preparing the SWPPP as well as complying with the SWPPP and any necessary revision to the SWPPP. Contractor shall comply with all requirements of the State Water Resources Control Board. Contractor shall include all costs of compliance with specified requirements in the Contract amount. b. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, monitoring and reporting requirements as required by the Permit. Contractor shall provide copies of all reports and monitoring information to the Engineer. c. Contractor shall comply with the lawful requirements of any applicable municipality, the City, drainage district, and other local agencies regarding discharges of storm water to separate storm drain system or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs. d. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom. e. Failure to comply with the Permit is in violation of federal and state law. Contractor hereby agrees to indemnify and hold harmless City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the Permit arising out of or in connection with the Project, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. City may seek damages from Contractor for delay in completing the Contract in accordance with the Contract Documents, caused by Contractor’s failure to comply with the Permit.
ARTICLE 23. CLEANING UP
a. Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment. Contractor shall not store debris under, in, or about the premises. Upon completion of Work, Contractor shall clean the interior and exterior of the
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Packet Pg. 1065 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
GENERAL CONDITIONS
67 building or improvement including fixtures, equipment, walls, floors, ceilings, roofs, window sills and ledges, horizontal projections, and any areas where debris has collected so surfaces are free from foreign material or discoloration. Contractor shall clean and polish all glass, plumbing fixtures, and finish hardware and similar finish surfaces and equipment and contractor shall also remove temporary fencing, barricades, planking and construction toilet and similar temporary facilities from site. Contractor shall also clean all buildings, asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor operations or equipment. b. Contractor shall fully clean up the site at the completion of The Work. If the Contractor fails to immediately clean up at the completion of The Work, the City may do so and the cost of such clean up shall be charged back to the Contractor.
ARTICLE 24. LAYOUT AND FIELD ENGINEERING
All field engineering required for laying out The Work and establishing grades for earthwork operations shall be furnished by the Contractor at its expense. Layout shall be done by a registered civil engineer Approved by the Engineer. Any required “as-built” drawings of the Work shall be prepared by the registered civil engineer.
ARTICLE 25. EXCESSIVE NOISE
a. The Contractor shall use only such equipment on the work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by CAL-OSHA.
b. The Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.
ARTICLE 26. TESTS AND INSPECTIONS
a. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority require any part of The Work to be tested or Approved, Contractor shall provide the Engineer at least two (2) working days notice of its readiness for observation or inspection. If inspection is by a public authority other than the City, Contractor shall promptly inform the City of the date fixed for such inspection. Required certificates of inspection (or similar) shall be secured by Contractor. Costs for City testing and City
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Packet Pg. 1066 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
GENERAL CONDITIONS
68 inspection shall be paid by the City. Costs of tests for Work found not to be in compliance shall be paid by the Contractor.
b. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor’s cost in compliance with the Contract Documents. c. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by the City, and not by Contractor. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.
d. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify the City so that the City may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into The Work.
e. If the manufacture of materials to be inspected or tested will occur in a plant or location outside the geographic limits of City, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging.
f. Reexamination of Work may be ordered by the City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, the City shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs.
ARTICLE 27. PROTECTION OF WORK AND PROPERTY
a. The Contractor shall be responsible for all damages to persons or property that occur as a result of The Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final Acceptance by the City. All Work shall be solely at the Contractor’s risk. Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed.
Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction.
b. In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act to prevent such threatened loss or injury; and Contractor shall so act, without appeal, if so authorized or instructed by the Engineer or the City. Any compensation claimed by
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Packet Pg. 1067 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
GENERAL CONDITIONS
69 Contractor on account of emergency work shall be determined by and agreed upon by the City and the Contractor.
c. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions. d. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by The Work operations. Contractor shall:
1) Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public. 2) Provide substantial barricades around any shrubs or trees indicated to be preserved. 3) Deliver materials to the Project site over a route designated by the Engineer. 4) Provide any and all dust control required and follow the Applicable air quality regulations as appropriate. If the Contractor does not comply, the City shall have the immediate authority to provide dust control and deduct the cost from payments to the Contractor.
5) Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the Engineer. Contractor shall not unreasonably encumber the Project site with its materials.
6) Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by an approved civil engineer or land surveyor, at no cost to the City.
7) Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the City. 8) Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way. 9) At the completion of work each day, leave the Project site in a clean, safe condition.
10) Comply with any stage construction and traffic handling plans. Access to residences and businesses shall be maintained at all times.
These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the Work involved in the preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefor.
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Packet Pg. 1068 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
GENERAL CONDITIONS
70 e. Should damage to persons or property occur as a result of The Work, Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired. The City shall be entitled to inspect and copy any such documentation, video, or photographs.
ARTICLE 28. CONTRACTORS MEANS AND METHODS
Contractor is solely responsible for the means and methods utilized to Perform The Work. In no case shall the Contractor’s means and methods deviate from commonly used industry standards.
ARTICLE 29. INSPECTOR’S FIELD OFFICE
a. The Contractor shall be responsible for providing the inspector’s field office. The Office shall be a substantial waterproof construction with adequate natural light and ventilation by means of stock design windows. Door shall have a key type lock or padlock clasp. The office shall have heating and air conditioning and shall be equipped with a telephone, a telephone answering machine, and a fax machine at Contractor’s expense. b. A table satisfactory for the study of plans and two chairs shall be Provided by Contractor.
Contractor shall Provide and pay for adequate electric lights, local telephone service, and adequate heat and air conditioning for the field office until authorized removal.
ARTICLE 30. AUTHORIZED REPRESENTATIVES
The City shall designate representatives, who shall have the right to be present at the Project site at all times. The City may designate an inspector who shall have the right to observe all of the Contractor’s Work. The inspector is not authorized to make changes in the Contract Documents.
The inspector shall not be responsible for the Contractor’s failure to carry out The Work in accordance with the Contract Documents. Contractor shall provide safe and proper facilities for such access.
ARTICLE 31. HOURS OF WORK
a. Eight (8) hours of work shall constitute a legal day’s work. The Contractor and each subcontractor shall forfeit, as penalty to the City, twenty-five dollars ($25) for each worker employed in the execution of Work by the Contractor or any subcontractor for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, except as provided in Labor Code Section 1815.
b. Work shall be accomplished on a regularly scheduled eight (8) hour per day work shift basis, Monday through Friday, between the hours of 7:00 a.m. and 5:00 p.m. c. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project site, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no Work allowed on City-observed holidays, unless otherwise Approved by City Staff:
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Packet Pg. 1069 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
GENERAL CONDITIONS
71 1) Powered Vehicles
2) Construction Equipment
3) Loading and Unloading Vehicles
4) Domestic Power Tool.
ARTICLE 32. PAYROLL RECORDS
a. Pursuant to Labor Code Section 1776, the Contractor and each subcontractor shall maintain weekly certified payroll records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the work. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury. b. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide the following:
1) A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
2) A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the Department of Industrial Relations (“DIR”).
c. The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE.
d. Any copy of records made available for inspection and furnished upon request to the public shall be marked or obliterated in such a manner as to prevent disclosure of an individual’s name, address, and social security number. The name and address of the Contractor or any subcontractor shall not be marked or obliterated.
e. In the event of noncompliance with the requirements of this Section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying any item or actions necessary to ensure compliance with this section. Should noncompliance still be evident after such ten (10) day period, the Contractor shall, as a penalty to the City, forfeit Twenty-five Dollars ($25.00) for each day, or portion thereof, for each worker until strict compliance is effectuated. Upon the request of the DIR, such penalties shall be withheld from contract payments.
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Packet Pg. 1070 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
GENERAL CONDITIONS
72 ARTICLE 33. PREVAILING RATES OF WAGES
a. The Contractor is aware of the requirements of Labor Code Sections 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 certain “public works” and “maintenance” projects.
Since this Project involves an applicable “pubic 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. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/. In the alternative, the Contractor may view a copy of the prevailing rates of per diem wages at the City.
Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project 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 claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
b. The Contractor and each subcontractor shall forfeit as a penalty to the City not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.
c. Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.
d. If the Work involves federal funds or otherwise requires compliance with the Davis-Bacon Fair Labor Standards Act, the Contractor and all its subcontractors shall comply with the higher of the state or federal prevailing wage rates.
ARTICLE 34. EMPLOYMENT OF APPRENTICES
The Contractor’s attention is directed to the provisions of Sections 1777.5, 1777.6, and 1777.7 of the Labor Code concerning employment of apprentices by the Contractor or any subcontractor.
The Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Section 1777.5, 1777.6, and 1777.7 of the Labor Code. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, the Administrator of Apprenticeships, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
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Packet Pg. 1071 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
GENERAL CONDITIONS
73 ARTICLE 35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY Pursuant to Labor Code Section 1735 and other applicable provisions of law, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap on this Project. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap.
ARTICLE 36. LABOR/EMPLOYMENT SAFETY
The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4.
WORKERS’ COMPENSATION INSURANCE
The Contractor shall Provide, during the life of this Contract, workers’ compensation insurance for all of the employees engaged in Work under this Contract, on or at the Project site, and, in case any of sublet Work, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in work under this Contract, on or at the Project site, is not protected under the Workers’ Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of Section 3700 of the Labor Code. The Contractor shall file with the City certificates of his insurance protecting workers.
Company or companies providing insurance coverage shall be acceptable to the City, if in the form and coverage as set forth in the Contract Documents.
ARTICLE 37. EMPLOYER’S LIABILITY INSURANCE
Contractor shall provide during the life of this Contract, Employer’s Liability Insurance, including Occupational Disease, in the amount of, at least, one million dollars ($1,000,000.00) per person per accident. Contractor shall provide City with a certificate of Employer’s Liability Insurance.
Such insurance shall comply with the provisions of the Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of the City.
ARTICLE 38. COMMERCIAL GENERAL LIABILITY INSURANCE
a. Contractor shall procure and maintain during the life of this Contract and for such other period as may be required herein, at its sole expense, Commercial General Liability insurance coverage, including but not limited to, premises liability, contractual liability, products/completed operations if applicable, personal and advertising injury – which may arise from or out of Contractor’s operations, use, and management of the Project site, or
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74 the performance of its obligations hereunder. Policy limits shall not be less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b. Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to the City, and shall not preclude the City from taking such other actions available to the City under other provisions of the Contract Documents or law.
c. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Contract. If any subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the City as a result thereof.
d. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents.
e. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions, relating to liability for injury to or death of persons and damage to property. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the City may require additional coverage to be purchased by Contractor to restore the required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents.
ARTICLE 39. AUTOMOBILE LIABILITY INSURANCE
Contractor shall take out and maintain at all times during the term of this Contract Automobile Liability Insurance in the amount of, at least, one million dollars ($1,000,000). Such insurance shall provide coverage for bodily injury and property damage including coverage for non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. Such insurance shall comply with the provisions of Article 30 below.
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Packet Pg. 1073 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
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75 ARTICLE 40. BUILDER’S RISK [“ALL RISK”]
a. It is the Contractor’s responsibility to maintain or cause to be maintained Builder’s Risk [ “All Risk”] extended coverage insurance on all work, material, equipment, appliances, tools, and structures which are a part of the Contract and subject to loss or damage by fire, and vandalism and malicious mischief, in an amount to cover 100% of the replacement cost. The City accepts no responsibility until the Contract is formally accepted by the Governing Board for the work. The Contractor is required to file with the City a certificate evidencing fire insurance coverage.
b. Provide insurance coverage on completed value form, all-risk or special causes of loss coverage.
1) Insurance policies shall be so conditioned as to cover the performance of any extra work performed under the Contract.
2) Coverage shall include all materials stored on site and in transit. 3) Coverage shall include Contractor’s tools and equipment. 4) Insurance shall include boiler, machinery and material hoist coverage. c. Such insurance shall comply with the provisions of the Contract Documents.
ARTICLE 41. FORM AND PROOF OF CARRIAGE OF INSURANCE
a. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the City Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A:VIII. Insurance deductibles or self-insured retentions must be declared by the Contractor, and such deductibles and retentions shall have the prior written consent from the City. At the election of the City the Contractor shall either 1) reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. b. Contractor shall cause its insurance carrier(s) to furnish the City with either 1) a properly executed original Certificates(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, or 2) if requested to do so in writing by the City Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. The City, its Director’s and officers, employees, agents or representatives are named as Additional Insureds and Provide a Waiver of Subrogation in favor of those parties. Further, said Certificates(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that shall provide no less than thirty (30) days written notice be given to the City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the City may terminate or Stop Work pursuant to the Contract Documents, unless the City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of
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Packet Pg. 1074 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
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76 endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverages set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Project site, or commence operations under this Agreement until the City has been furnished original Certificate(s) of Insurance and certified original copies of Endorsements or policies of insurance including all Endorsements and any and all other attachments as required in this Section. The original Endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf. c. It is understood and agreed to by the parties hereto and the insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary, and the City’s insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.
d. The City reserves the right to adjust the monetary limits of insurance coverage’s during the term of this Contract including any extension thereof-if in the City’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate. e. Contractor shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Contract.
ARTICLE 42. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
a. Time for Completion/Liquidated Damages. Work shall be commenced within ten (10) days of the date stated in the City’s Notice to Proceed and shall be completed by Contractor in the time specified in the Contract Documents. The City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by the City’s receipt or acceptance of the Contractor’s proposed earlier completion date.
Furthermore, Contractor shall not, under any circumstances, receive additional compensation from the City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date. If The Work is not completed as stated in the Contract Documents, it is understood that the City will suffer damage. In accordance with Government Code section 53069.85, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each day of delay until The Work is fully completed. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages.
b. Inclement Weather. Contractor shall abide the Engineer’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule.
c. Extension of Time. Contractor shall not be charged liquidated damages because of any delays in completion of The Work due to unforeseeable causes beyond the control and
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Packet Pg. 1075 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
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77 without the fault or negligence of Contractor (or its subcontractors or suppliers).
Contractor shall within five (5) Days of identifying any such delay notify the City in writing of causes of delay. The City shall ascertain the facts and extent of delay and grant extension of time for completing The Work when, in its judgment, the facts justify such an extension.
Time extensions to the Project shall be requested by the Contractor as they occur and without delay. No delay claims shall be permitted unless the event or occurrence delays the completion of the Project beyond the Contract completion date. d. No Damages for Reasonable Delay. The City’s liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable City delay, including delays caused by items that are the responsibility of the City pursuant to Government Code section 4215, shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.
ARTICLE 43. COST BREAKDOWN AND PERIODIC ESTIMATES
Contractor shall furnish on forms Approved by the City:
a. Within ten (10) Days of award of the Contract a detailed estimate giving a complete breakdown of the Contract price;
b. A monthly itemized estimate of Work done for the purpose of making progress payments.
In order for the City to consider and evaluate each progress payment application, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) Day of the following month. c. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid Form. d. Following the City’s Acceptance of the Work, the Contractor shall submit to the City a written statement of the final quantities of unit price items for inclusion in the final payment request.
e. The City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment.
Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project.
ARTICLE 44. MOBILIZATION
a. When a bid item is included in the Bid Form for mobilization, the costs of Work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate (“Initial Mobilization”). When no bid item is provided
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Packet Pg. 1076 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
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78 for “Initial Mobilization,” payment for such costs will be deemed to be included in the other items of The Work.
b. Payment for Initial Mobilization based on the lump sum provided in the Bid Form, which shall constitute full compensation for all such Work. No payment for Initial Mobilization will be made until all of the listed items have been completed to the satisfaction of the Engineer. The scope of the Work included under Initial Mobilization shall include, but shall not be limited to, the following principal items:
1. Obtaining and paying for all bonds, insurance, and permits.
2. Moving on to the Project site of all Contractor’s plant and equipment required for first month’s operations.
3. Installing temporary construction power, wiring, and lighting facilities.
4. Establishing fire protection system.
5. Developing and installing a construction water supply.
6. Providing and maintaining the field office trailers for the Contractor and the Engineer, complete, with all specified furnishings and utility services including telephones, telephone appurtenances, computer and printer, and copying machine.
7. Providing on-site communication facilities for the Owner and the Engineer, including telephones, radio pagers, and fax machines.
8. Providing on-site sanitary facilities and potable water facilities as specified per CalOSHA and these Contract Documents.
9. Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer’s specified storage requirements, and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security.
10. Arranging for and erection of Contractor’s work and storage yard.
11. Posting all OSHA required notices and establishment of safety programs per CalOSHA.
12. Full-time presence of Contractor’s superintendent at the job site as required herein.
13. Submittal of Construction Schedule as required by the Contract Documents.
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Packet Pg. 1077 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
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79 ARTICLE 45. PAYMENTS
a. The City shall make monthly progress payments following receipt of undisputed and properly submitted payment requests. Contractor shall be paid a sum equal to ninety percent (90%) of the value of Work performed up to the last day of the previous month, less the aggregate of previous payments.
b. The Contractor shall, after the full completion of The Work, submit a final payment application. All prior progress estimates shall be subject to correction in the final estimate and payment.
c. Unless otherwise required by law, the final payment of ten percent (10%) of the value of the Work, if unencumbered, shall be paid no later than sixty (60) Days after the date of recordation of the Notice of Completion.
d. Acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City arising from this Contract.
e. Payments to the Contractor shall not be construed to be an acceptance of any defective work or improper materials, or to relieve the Contractor of its obligations under the Contract Documents.
f. The Contractor shall submit with each payment request the Contractor’s conditional waiver of lien for the entire amount covered by such payment request, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code Section 3262. Prior to final payment by the City, the Contractor shall submit a final waiver of lien for the Contractor’s work, together with releases of lien from any subcontractor or materialmen.
ARTICLE 46. PAYMENTS WITHHELD AND BACKCHARGES
In addition to amounts which the City may retain under other provisions of the Contract Documents the City may withhold payments due to Contractor as may be necessary to cover:
a. Stop Notice Claims.
b. Defective work not remedied.
c. Failure of Contractor to make proper payments to its subcontractors or suppliers. d. Completion of the Contract if there exists a reasonable doubt that the work can be completed for balance then unpaid.
e. Damage to another contractor or third party.
f. Amounts which may be due the City for claims against Contractor.
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Packet Pg. 1078 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
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80 g. Failure of Contractor to keep the record (“as-built”) drawings up to date. h. Failure to provide updates on the construction schedule. i. Site clean up.
j. Failure of the Contractor to comply with requirements of the Contract Documents. k. Liquated damages.
l. Legally permitted penalties.
Upon completion of the Contract, the City will reduce the final Contract amount to reflect costs charged to the Contractor, backcharges or payments withheld pursuant to the Contract Documents.
ARTICLE 47. CHANGES AND EXTRA WORK
a. Change Order Work.
1) The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, the Contract amount and Contract time being adjusted accordingly. All such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract amount or the Contract time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order. 2) All claims for additional compensation to the Contractor shall be presented in writing before the expense is incurred and will be adjusted as provided herein. No work shall be allowed to lag pending such adjustment, but shall be promptly executed as directed, even if a dispute arises. No claim will be considered after the work in question has been done unless a written contract change order has been issued or a timely written notice of claim has been made by Contractor. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions and provisions of the original Contract. 3) Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract time, within seven (7) Days after receipt of a scope of a proposed change order, unless the City requests that proposals be submitted in less than seven (7) Days.
4) Contractor Initiated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order.
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Packet Pg. 1079 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
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81 5) Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and the City.
6) Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by the City. 7) If the Contractor fails to submit the cost proposal within the seven (7) Day period (or as requested), the City has the right to order the Contractor in writing to commence the work immediately on a force account basis and/or issue a lump sum change to the contract price in accordance with the City’s estimate of cost. If the change is issued based on the City estimate, the Contractor will waive its right to dispute the action unless within fifteen (15) Days following completion of the added/deleted work, the Contractor presents written proof that the City’s estimate was in error.
8) Estimates for lump sum quotations and accounting for cost-plus-percentage work shall be limited to direct expenditures necessitated specifically by the subject extra work, and shall be segregated as follows:
(a) Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the extra work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery. Materials cost shall be based upon supplier or manufacturer’s invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the Engineer shall determine the materials cost, at its sole discretion. (c) Tool and Equipment Use. No payment will be made for the use of small tools, tools which have a replacement value of $1,000 or less. Regardless of ownership, the rates to be used in determining equipment use costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the work is performed.
(d) Overhead, Profit and Other Charges. The mark-up for overhead (including supervision) and profit on work added to the Contract shall be according to the following:
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Packet Pg. 1080 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
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82 i. “Net Cost” is defined as consisting of costs of labor, materials and tools and equipment only excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and subcontractors at cost only, without mark-up. ii. For Work performed by the Contractor’s forces the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Net Cost of the Work.
iii. For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Net Cost of the Work to which the Contractor may add five (5%) percent of the subcontractor’s Net Cost.
iv. For Work performed by a sub-subcontractor the added cost for overhead and profit shall not exceed fifteen (15 %) percent of the Net Cost for Work to which the subcontractor and general contractor may each add an additional five (5 %) percent of the Net Cost of the lower tier subcontractor.
iv. No additional mark up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by City exceed twenty-five (25%) percent of the Net Cost as defined herein.
9) For added or deducted Work by subcontractors, the Contractor shall furnish to the City the subcontractor’s signed detailed estimate of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub-subcontractors.
10) For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to the City a detailed estimate or quotation of the cost to the Contractor, signed by such vendor or supplier.
11) Any change in The Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an extra; overhead and profit allowances shall not be applied if the net total cost is a credit. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed.
12) Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the change order for work. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City’s change order form in an attempt to reserve additional rights.
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Packet Pg. 1081 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
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83 13) If the City disagrees with the proposal submitted by Contractor, it will notify the Contractor and the City will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with the City, a change order will be issued by the City. If no agreement can be reached, the City shall have the right to issue a unilateral change order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such determination shall become final and binding if the Contractor fails to submit a claim in writing to the City within fifteen (15) Days of the issuance of the unilateral change order, disputing the terms of the unilateral change order. 14) No dispute, disagreement or failure of the parties to reach agreement on the terms of the change order shall relieve the Contractor from the obligation to proceed with performance of the work, including extra work, promptly and expeditiously. 15) Any alterations, extensions of time, extra work or any other changes may be made without securing consent of the Contractor’s surety or sureties.
ARTICLE 48. OCCUPANCY
The City reserves the right to occupy or utilize any portion of The Work at any time before completion, and such occupancy or use shall not constitute Acceptance of any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities under the Contract.
ARTICLE 49. INDEMNIFICATION
Contractor shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, agents, employees, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses.
Contractor shall defend, at Contractor’s own cost, expense and risk, with counsel of City’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, agents, employees and representatives. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code Section 2782.
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Packet Pg. 1082 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
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84 ARTICLE 50. RECORD (“AS BUILT”) DRAWINGS
a. Contractor shall prepare and maintain a complete set of record drawings (herein referred to as “as-builts”) and shall require each trade to prepare its own as-builts. The as-builts must show the entire site for each major trade, including but not limited to water, sewer, electrical, data, telephone, cable, fire alarm, gas and plumbing. Contractor shall mark the as-builts to show the actual installation where the installation varies from the Work as originally shown. Contractor shall mark whichever drawings are most capable of showing conditions fully and where shop drawings are used, Contractor must record a crossreference at the corresponding location on the contract drawings. Contractor shall give particular attention to concealed elements that would be difficult to measure and record at a later date. Contractor shall use colors to distinguish variations in separate categories of The Work.
b. Contractor shall note related change order numbers where applicable. Contractor shall organize as-builts into manageable sets, bound with durable paper cover sheets and shall print suitable title, dates and other identification on the cover of each set. Contractor to also provide an electronic version of the as-builts. The suitability of the as-builts will be determined by the Engineer.
ARTICLE 51. RESOLUTION OF CONSTRUCTION CLAIMS
a. In accordance with Public Contract Code Sections 20104 et seq. and other applicable law, public works claims of $375,000 or less which arise between the Contractor and the City shall be resolved under the following the statutory procedure unless the City has elected to resolve the dispute pursuant to Public Contract Code Section 10240 et seq. b. All Claims: All claims shall be submitted in writing and accompanied by substantiating documentation. Claims must be filed on or before the date of final payment unless other notice requirements are provided in the contract. "Claim" means a separate demand by the claimant for (1) a time extension, (2) payment of money or damages arising from work done by or on behalf of the claimant and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled, or (3) an amount the payment of which is disputed by the City.
c. Claims Under $50,000. The City shall respond in writing to the claim within 45 days of receipt of the claim, or, the City may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have. If additional information is needed thereafter, it shall be provided upon mutual agreement of the City and the claimant. The City's written response shall be submitted 15 days after receiving the additional documentation, or within the same period of time taken by the claimant to produce the additional information, whichever is greater. d. Claims over $50,000 but less than or equal to $375,000. The City shall respond in writing within 60 days of receipt, or, may request in writing within 30 days of receipt of the claim, any additional documents supporting the claim or relating to defenses or claims the City may have against the claimant. If additional information is needed thereafter, it
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Packet Pg. 1083 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
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85 shall be provided pursuant to mutual agreement between the City and the claimant. The City's response shall be submitted within 30 days after receipt of the further documents, or within the same period of time taken by the claimant to produce the additional information or documents, whichever is greater. The Contractor shall make these records and documents available at all reasonable times, without any direct charge. e. The Contractor will submit the claim justification in the following format:
1) Summary of claim merit and price, and Contract clause pursuant to which the claim is made.
2) List of documents relating to claim
(a) Specifications
(b) Drawings
(c) Clarifications (Requests for Information)
(d) Schedules
(e) Other
3) Chronology of events and correspondence
4) Analysis of claim merit
5) Analysis of claim cost
6) Analysis of time impact analysis in CPM format
7) Cover letter and certification of validity of the claim f. If the claimant disputes the City's response, or if the City fails to respond within the statutory time period(s), the claimant may so notify the City within 15 days of the receipt of the response or the failure to respond, and demand an informal conference to meet and confer for settlement. Upon such demand, the City shall schedule a meet and confer conference within 30 Days.
g. If following the meet and confer conference, the claim or any portion thereof remains in dispute, the claimant may file a claim pursuant to Government Code 900 et seq. and Government Code 910 et seq. For purposes of those provisions, the time within which a claim must be filed shall be tolled from the time the claimant submits the written claim until the time the claim is denied, including any time utilized for the meet and confer conference.
h. Submission of a claim, properly certified, with all required supporting documentation, and written rejection or denial of all or part of the claim by City, is a condition precedent to any
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Packet Pg. 1084 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
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86 action, proceeding, litigation, suit, general conditions claim, or demand for arbitration by Contractor.
ARTICLE 52. CITY’S RIGHT TO TERMINATE CONTRACT
a. Termination for Cause: The City may, without prejudice to any other right or remedy, serve written notice upon Contractor of its intention to terminate this Contract if the Contractor: (i) refuses or fails to prosecute The Work or any part thereof with such diligence as will ensure its completion within the time required; (ii) fails to complete The Work within the required time; (iii) should file a bankruptcy petition or be adjudged a bankrupt; (iv) should make a general assignment for the benefit of its creditors; (v) should have a receiver appointed; (vi) should persistently or repeatedly refuse or fail to supply enough properly skilled workers or proper materials to complete the work; (vii) should fail to make prompt payment to subcontractors or for material or labor; (viii) persistently disregard laws, ordinances, other requirements or instructions of the City; or (ix) should violate any of the provisions of the Contract Documents.
The notice of intent to terminate shall contain the reasons for such intention to terminate.
Unless within ten (10) Days after the service of such notice, such condition shall cease or satisfactory arrangements (acceptable to the City) for the required correction are made, this Contract shall be terminated. In such case, Contractor shall not be entitled to receive any further payment until the Project has been finished. The City may take over and complete The Work by any method it may deem appropriate. Contractor and its surety shall be liable to the City for any excess costs or other damages incurred by the City to complete the Project. If the City takes over The Work, the City may, without liability for so doing, take possession of and utilize in completing The Work such materials, appliances, plant, and other property belonging to the Contractor as may be on the Project site. b. Termination For Convenience: The City may terminate performance of The Work in whole or, in part, if the City determines that a termination is in the City's interest.
The Contractor shall terminate all or any part of The Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of the City, the extent of termination, and the effective date of such termination.
After receipt of Notice of Termination, and except as directed by the City, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this Termination for Convenience clause, immediately proceed with the following obligations:
1) Stop Work as specified in the Notice.
2) Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.
3) Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Documents is
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Packet Pg. 1085 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
GENERAL CONDITIONS
87 situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety.
4) Terminate all subcontracts to the extent that they relate to the portions of The Work terminated.
5) Place no further subcontracts or orders, except as necessary to complete the remaining portion of The Work.
6) Submit to the City, within ten (10) Days from the effective date of the Notice of Termination, all of the documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the Contractor is authorized under the Contract Documents to incur, shall: (i) be submitted to and received by the City no later than thirty (30) Days after the Effective Date of the Notice of Termination; (ii) describe the costs incurred with particularity; and (iii) be conspicuously identified as "Termination Costs Occasioned by the City's Termination for Convenience."
7) These provisions are in addition to and not in limitation of any other rights or remedies available to the City.
c. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated.
ARTICLE 53. WARRANTY AND GUARANTEE
a. Contractor warrants that all materials and equipment furnished under this Contract shall be new unless otherwise specified in the Contract Documents; and that all Work conforms to the Contract Document requirements and is free of any defect whether performed by the Contractor or any subcontractor or supplier.
b. Unless otherwise stated, all warranty periods shall begin upon the filing of the Notice of Completion. Unless otherwise stated, the warranty period shall be for one year. c. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property.
d. Contractor shall furnish the City with all warranty and guarantee documents prior to final Acceptance of the Project by the City.
e. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) Days after being
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Packet Pg. 1086 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
GENERAL CONDITIONS
88 notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect, or damage; the county shall have the right to replace, repair, or otherwise remedy the defect, or damage at the Contractor’s expense. f. In the event of any emergency constituting an immediate hazard to health,safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the City may undertake at Contractor’s expense, and without prior notice, all Work necessary to correct such condition.
g. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Work performed and Materials furnished under this Contract, the Contractor shall:
1) Obtain for City all warranties that would be given in normal commercial practice; 2) Require all warranties to be executed, in writing, for the benefit of the City; and 3) Enforce all warranties for the benefit of the City, unless otherwise directed in writing by the City.
This Article shall not limit the City’s rights under this Contract or with respect to latent defects, gross mistakes, or fraud. The City specifically reserves all rights related to defective work, including but not limited to the defect claims pursuant to California Code of Civil Procedure Section 337.15.
ARTICLE 54. DOCUMENT RETENTION & EXAMINATION
a. In accordance with Government Code Section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment.
b. Contractor shall make available to the City any of the Contractor’s other documents related to the Project immediately upon request of the City.
c. In addition to the State Auditor rights above, the City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the City, for a period of four (4) years after final payment.
ARTICLE 55. SOILS INVESTIGATIONS
When a soils investigation report for the Project site is available, such report shall not be a part of the Contract Documents. Any information obtained from such report as to subsurface soil condition, or to elevations of existing grades or elevations of underlying rock, is approximate only and is not guaranteed. Contractor acknowledges that any soils investigation report (including any borings) was prepared for purposes of design only and Contractor is required to examine the site
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Packet Pg. 1087 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
GENERAL CONDITIONS
89 before submitting its bid and must make whatever tests it deems appropriate to determine the underground condition of the soil.
ARTICLE 56. SEPARATE CONTRACTS
a. The City reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs.
b. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the work in place or discrepancies with the Contract Documents.
c. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the City in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project. Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer shall decide which Contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. The City shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project site.
ARTICLE 57. NOTICE AND SERVICE THEREOF
All notices shall be in writing and either served by personal delivery or mailed to the other party as designated in the Bid Forms. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to City shall be addressed to the City as designated in the Notice Inviting Bids unless City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) Days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.
ARTICLE 58. NOTICE OF THIRD PARTY CLAIMS
Pursuant to Public Contract Code Section 9201, the City shall provide Contractor with timely notification of the receipt of any third-party claim relating to the Contract.
ARTICLE 59. STATE LICENSE BOARD NOTICE.
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A
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Packet Pg. 1088 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
GENERAL CONDITIONS
90 complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
ARTICLE 60. INTEGRATION
a. Oral Modifications Ineffective. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.
b. Contract Documents Represent Entire Contract. The Contract Documents represent the entire agreement of the City and Contractor.
ARTICLE 61. ASSIGNMENT
Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this Contract or any part thereof including any claims, without prior written consent of the City. Any assignment without the written consent of the City shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or Material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such Materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code.
ARTICLE 62. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY
Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected on the Contract.
ARTICLE 63. ASSIGNMENT OF ANTITRUST ACTIONS
Pursuant to Section 7103.5 of the Public Contract Code, in entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (chapter 2 (commencing with Section 16700) of part 2 of division 7 of the Business and Professions Code), arising from the purchase of goods, services, or materials pursuant to this Contract or any subcontract. This assignment shall be made and become effective at the time the City makes final payment to the Contractor, without further acknowledgment by the parties.
ARTICLE 64. PROHIBITED INTERESTS
No City official or representative who is authorized in such capacity and on behalf of the City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or
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Packet Pg. 1089 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
GENERAL CONDITIONS
91 any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract.
ARTICLE 65. LAWS AND REGULATIONS
a. Contractor shall give all notices and comply with all federal, state and local laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified by their terms. References to specific laws, rules or regulations in this Contract are for reference purposes only, and shall not limit or affect the applicability of provisions not specifically mentioned. If Contractor observes that drawings and specifications are at variance therewith, he shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in work. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom.
b. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA laws, rules and regulations. Contractor shall comply with the Historic Building Code, including, but not limited to, as it relates to the ADA, whenever applicable. c. Contractor acknowledges and understands that, pursuant to Public Contract Code Section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code Section 2717(b) in order to supply mined material for this Contract.
ARTICLE 66. PATENT FEES OR ROYALTIES.
The Contractor shall include in its bid amount the patent fees or royalties on any patented article or process furnished or used in the Work. Contractor shall assume all liability and responsibility arising from the use of any patented, or allegedly patented, materials, equipment, devices or processes used in or incorporated with The Work, and shall defend, indemnify and hold harmless the City, its officials, officers, agents, employees and representatives from and against any and all liabilities, demands, claims, damages, losses, costs and expenses, of whatsoever kind or nature, arising from such use.
ARTICLE 67. OWNERSHIP OF DRAWING
All Contract Documents furnished by the City are City property. They are not to be used by Contractor or any subcontractor on other work nor shall Contractor claim any right to such documents. With exception of one complete set of Contract Documents, all documents shall be returned to the City on request at completion of The Work.
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Packet Pg. 1090 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
GENERAL CONDITIONS
92 ARTICLE 68. NOTICE OF TAXABLE POSSESSORY INTEREST
In accordance with Revenue and Taxation Code Section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible.
ARTICLE 69. WATER MANAGEMENT PROGRAM
Monthly, from March through November, the Landscape Maintenance Contractor must provide to the City a report of irrigation controller settings for the current month in electronic format.
This report will include the following information:
A. All irrigation programs set on controllers.
B. lrrigation schedule start times for each irrigation program.
C. lrrigation run days for each irrigation program.
D. lrrigation cycle length, in minutes for each station in an irrigation program.
E. Number of repeat cycles for each station in an irrigation program.
All required scheduling and operation of the automatic irrigation controllers reflecting weather changes and water needs will be covered under this Contract. Contractor shall make all adjustments and setting of automatic controllers to establish frequency and length of watering periods. Any malfunction of controllers must be reported to the City along with a proposal for correction with costs.
All systems shall be programmed as needed to maintain plants in a healthy, vigorous condition.
The irrigation controller program is to be sufficient to keep the plant material healthy without excessive water use.
A. Controller programs shall incorporate the following conditions: Meet City Water Management requirements
B. Program around Park and Facility use and events
C. Reflect actual evapotranspiration (E.T.) requirements D. Reflect actual requirements of soil and plants
E. Eliminate runoff onto streets, sidewalks, and other non-target areas a. lrrigation Schedule Analysis:
Monthly during irrigation season (March through November), the Contractor will provide the City with the current month's irrigation schedules no later than the 10th day of the month. The irrigation schedules are analyzed by comparing the minutes of irrigation run time, plant water requirement and the level of environmental demand (evapotranspiration). Valve areas appearing to be over or under watered are to be further tested by the Contractor as outlined below.
b. Soil Moisture Testing:
Valve areas suspected to be over or under watered should be tested between May and October by the Contractor by removing a soil sample and testing the moisture content.
Soil probing is conducted to determine soil moisture levels for automated overhead irrigation circuits.
c. lrrigation Base Schedule Development:
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Packet Pg. 1091 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
GENERAL CONDITIONS
93 A monthly irrigation base schedule is developed based upon current controller settings and the feedback of moisture probing results. Adjustments are made at the controller either up or down where soil is found to be too dry or too wet. Once the Contractor has the correct run times for any given month, the starting "base schedule" is acquired.
Adjustments to the "base schedule" shall occur throughout the month to accommodate changes in area use and/or environmental changes to individual sites. d. Drought Impact on Irrigation:
The Contractor shall comply with all water use regulations and restrictions. In addition, Contractor shall comply with City directed changes in irrigation in response to drought conditions.
e. lrrigation System Evaluation:
December through February of each year the Contractor shall perform a complete system check of every irrigation system. The Contractor shall supply the City with a written report of every system as it is completed. Needed repairs shall occur throughout that same time period, and with the approval of the City, to ensure a fully operational system at the beginning of each spring. System evaluations of head, valves, quick couplers, etc. shall also occur monthly, at a minimum, March through November.
ARTICLE 70. PLANT & TREE LOSS
a. It is one of the Contractor's prime responsibilities to prevent loss of plants caused by pests, diseases, insects, soil conditions, nutrient, micro-climatic conditions, improper planting, or problems in irrigation. Contractor agrees to be continuously alert in locating and defining problems and agrees to exercise prompt and proper corrective action. A preliminary written report shall be submitted for major corrective problems not covered in the Contract along with the costs.
b. Contractor agrees to replace, at the Contractor's cost, any dead, stunted, or damaged that are the result primarily of the Contractor's negligence including, but not limited to, irrigation malfunctions that are not addressed within a reasonable amount of time based on environmental conditions. Plants lost from Contractor's negligence shall be replaced, at the Contractor's expense, within thirty (30) days of discovery. Replacement plants shall be comparable in size to the lost plant up to a maximum size of a thirty-six (36) inch box, or if smaller, the size shall be approved by the City.
c. The Contractor shall not be held responsible for plant losses due to maladies beyond the Contractor's control; this includes, but is not limited to, disease or insect attack for which there is no legal recommended control, acts of vandalism, earthquakes, fires, storms, freezing/frost, and related events. Contractor shall report all such conditions to the City in writing within seventy-two (72) hours of occurrence, and submit a proposal for the work or repairs along with the costs. The Contractor shall obtain City's written permission/direction or authorization prior to proceeding with the work. Failure to notify the City within seventy-two (72) hours of occurrence will result in replacement at the Contractor's cost as if the cause was Contractor negligence.
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Packet Pg. 1092 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
GENERAL CONDITIONS
94 d. The City shall approve all replacement plants that differ in species. However, it is agreed that replacing plants shall not be used by the Contractor as a substitute for proper care.
The City will consider Contractor negligence a major breach of contract with full responsibility for costs and losses.
e. Dead plants and those in a state of decline shall be brought to the City's attention immediately and before removal. The City shall pay labor and material for plant replacement not caused by Contractor negligence, as deemed by the City, on an actual time and material basis.
f. All new plant material and irrigation installations or repairs shall be guaranteed for a period of ninety (90) days for unhealthy plant installation and/or poor workmanship. Exceptions include damage or death of plant material due to wind or storm, or vandalism, theft, or other willful acts over which the Contractor has no control. Existing plants shall be replaced by Contractor if they die due to Contractor's negligence. All replacement plants and materials shall be inspected and approved by City prior to installation. g. At the end or termination of the Contract, the City reserves the sole right to withhold final payment(s) in the amount necessary to replace any damaged or dying plant material that is a result of Contractor negligence or to restore any site which is in a condition that is worse than when the Contract was executed.
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Packet Pg. 1093 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
SPECIAL PROVISIONS
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Packet Pg. 1094 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
SPECIAL PROVISIONS CITY OF COLTON LANDSCAPE AND LIGHTING MAINTENANCE
DISTRICT I AND II LANDSCAPING SERVICES AND VARIOUS SITES
1. SCOPE OF WORK
ALL LANDSCAPED AREAS SHALL BE MAINTAINED TO HAVE A NEAT AND WELL
TENDED APPEARANCE AND TO PROVIDE A SAFE ENVIRONMENT FOR THE GENERAL PUBLIC AT ALL TIMES.
a. The work to be performed under this Contract shall include the furnishing of all labor, material, and equipment necessary for the provision of landscape and appurtenant maintenance services within the boundaries of the various zones of the District as specified herein.
b. All work shall be done in a thorough and workmanlike manner to the satisfaction of the Contract Administrator or his/her designee, and comply with all legal construction and landscape maintenance practices. The premises shall be maintained at the level of service provided in these specifications at all times.
c. The Contractor shall have the duty to: mow, edge, trim, manage ground cover, and fertilize turf and shrub areas designed herein. Regularly maintain and prune trees up to 15’ in height; remove litter and debris from all sites as required under this Contract; provide general herbicide & pesticide control serves as requested including but not limited to weeds, insects, and diseases, rodents, and pests; maintain irrigation and drainage systems; hand water and bleed valves as necessary during emergencies when automatic systems are not functioning. d. All work shall be performed in accordance with usual and customary landscape industry horticultural practices to achieve, and maintain healthy viable landscapes. Contractor shall maintain all work sites in a safe, attractive and usable condition. Contract Administrator or his/her designee will periodically inspect all the operations and approve or reject the work performed and methods or materials used, and make changes in work scheduling. e. The Contractor shall be responsible for carefully reviewing the site(s), and verifying that all areas include the square footage noted for each location of proposed work. The Contractor shall not be relieved of his or her liability under this Contract, as a result of any variance between conditions as referred to in the “Special Provision” and the actual conditions revealed during the examination of the locations of the proposed work.
1. SCHEDULING OF WORK
a. The Contractor shall adhere to the facilities, equipment and staffing schedule, and monthly and annual work schedules submitted as a part of the Contractor’s bid, and incorporated herein by this reference. These schedules, and any approved revisions thereto, shall be used by the City as determining the Contractor’s satisfactory performance. b. Revisions to facilities, equipment, staffing, or monthly and annual work schedules shall not be implemented without the prior written approval of the Contract Administrator or his/her designee. The Contractor shall submit proposed revisions to equipment and staffing, or monthly and annual work schedules in writing to the City at the address set
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Packet Pg. 1095 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) forth in the cover page. Proposed revisions shall be provided within ten (10) working days prior to commencing work per the proposed revisions.
c. the Contractor shall notify the Director in writing at least five (5) days prior to the date and time of all “Specialty” type maintenance operations, which shall include but are not limited to:
1. Fertilization
2. Turf Aeration
3. Application of herbicides/ pesticides by any method other than spot spraying for small weeds
4. Other operations so designated by the Director
Notification of “Specialty” maintenance operations shall include a brief description of intended methods of execution, materials to be used, and the dates for commencement, and completion of said operations.
d. When inclement weather renders performance per approved schedule unsafe, impractical, or liable to damage landscaping, the Contractor shall adjust his work force in order to accomplish those work items not affected by weather, and shall contact the Contract Administrator or his/her designee to inform them of said alternate work assignments. e. For the purpose of this Contract, “Working Days” shall be Mondays through Friday. The hours of maintenance service shall be 7:00 a.m. to 5:00 p.m. Any work the Contractor proposes to perform outside of the days and hours set forth herein, as well as on legal City holidays, shall not be undertaken without prior written approval of the Contract Administrator or designee. If a scheduled maintenance service day falls on a designated holiday, contractor shall submit a proposed make –up day for the Contract Administrator or designee approval.
The following days have been designated as holidays by the City:
1. January 1
2. May 31
3. July 4
4. Labor Day
6. Thanksgiving Day
7. December 25
2. COMMUNICATION WITH CITY
Contractor shall designate one person as the representative of Contractor authorized to act on its behalf with respect to this specified work. The City of Colton, through a designated representative, shall make inspections on a weekly basis, or as often as necessary to insure that complete and continuous maintenance is fulfilled. In addition, the City may obtain the services of an approved horticultural specialist to inspect plantings and make recommendations for improvements in the maintenance program. Contractor shall be required to attend monthly meetings with City staff to review Contractor’s performance and the condition of all maintenance areas. Dates and times of meetings shall be set by the City and the Contractor. These monthly meetings are not to substitute for Contractor’s
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Packet Pg. 1096 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) responsibility to regularly inspect areas. The Contractor shall submit weekly inspection reports signed by the Contractor’s representative that shows that all areas have been inspected that week, which areas are out of conformance with these specifications and the Contractor’s plans for bringing the areas into specification conformance. The Contractor shall submit a written report each month stating all contract work completed. The report shall show the work completed during each week contract work was accomplished, and shall be submitted with and cover the same work as the Contractor's billing statement for the previous month's work. The report shall include documentation of irrigation checks and chemical applications.
3. COMPLIANCE WITH LAW
a. All services rendered shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City, and any Federal, State, or local governmental agency having jurisdiction in effect at the time service is provided. Contractor is responsible for obtaining all permits and licenses required to perform work such as encroachment permit through CALTRANS. All spray applications are to be done in accordance with all State of California and United States law. The Contractor shall have secured from the County of San Bernardino all necessary permits and shall possess a current California State Department of Agriculture license. Contractor is to provide the City with a copy of Written Recommendations from a State of California Licensed Pest Adviser for all applications. The Contractor is required provide green waste recycling and to take green waste to green waste recycling facility (they shall not be mixed with solid waste and/or left onsite). Recycling costs shall be included in the bid price.
4. FUNCTIONS AND RESPONSIBILITIES
a. Contractor shall designate a responsible representative who will be accessible during the Contractor’s opening hours. The Contractor will be required to contact the Contract Administrator or his/her designee on days the Contractor will be performing services under this contract for review and inspection of the work performed. A once per month meeting shall be held with the designated representative and the Contract Administrator or his/her designee. On-site review of the landscape, irrigation and other elements of the contract shall be reviewed. Each meeting shall not exceed two hours. b. The Contractor shall maintain an office at some fixed place, and shall maintain an operable telephone line, email address and fax machine. Contractor shall at all time employ some responsible person(s) to take the necessary action regarding all inquiries, complaints, and or emergency calls that may be received from the Contract Administrator or his/her designee. This person(s) shall be reachable twenty-four (24) hours per day, seven (7) days a week. During normal working hours, the Contractor’s Supervisor or employee designated as being responsible for providing maintenance services to the City shall be directly available for immediate notification through some type of reliable electronic means, including but not limited to, two-way radio, cell phone or email. The Contractor or designated employee shall confirm said notification within one (1) hour of receipt during working hours.
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Packet Pg. 1097 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) c. The Contractor shall respond to an emergency call from the Contract Administrator or his/her designee no later than two (2) hours following first notification by facsimile transmission, email, in writing, or by telephone. In situations involving emergency repair work after normal working hours, the Contractor shall dispatch qualified personnel, and equipment to reach the site within two (2) hour of first notification. An emergency call can be made by the Contract Administrator or his/her designee. The Contractor shall notify the City of hazardous or emergency situations immediately. d. The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications herein. All of the Contractors maintenance personnel shall be supervised at the work site(s) by a qualified Supervisor in the employ of the Contractor. e. The Contractor and his employees and subcontractors, if any, shall conduct themselves in a proper and efficient manner at all times, and shall cause the least possible inconvenience for the public.
f. The Contract Administrator or his/her designee may require the Contractor to remove from the work site any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment on the job is considered to be contrary to the best interest of the City.
g. The contractor shall require each employee to wear a company uniform. Uniform shall contain company name, logo and employee name. Uniforms shall be at the Contractor’s expense. Safety vests are required at all times. Appropriate and proper industry standard PPE (Personal Protective Equipment) shall be used as job duties require. h. All complaints shall be responded to as soon as possible after notification, but in all cases within twenty-four (24) hours, to the satisfaction of the Contract Administrator or his/her designee. If any complaint is not satisfactorily responded to within twenty-four (24) hours, the Contract Administrator or his/her designee shall be notified immediately of the reason for not remedying the complaint followed by a written report to the Contract Administrator or his/her designee within five (5) days. If the complaints are not remedied within the time specified, and to the satisfaction of the Contract Administrator or his/her designee, the Contract Administrator or his/her designee may correct the specific complaint by using an alternative source plus the City to be credited for the cost of the work. i. Contractor is responsible for collecting, transporting, and disposing of all waste at the appropriate disposal facilities in accordance with applicable federal, state, and local laws and regulations, including the Clean Water Act and the City’s National Pollutant Discharge Elimination System (NPDES) program. All cost for said disposal shall be paid by the contractor. The Contractor shall notify the City immediately if a chemical spill, fuel spill or other contamination event takes place at a City work site or on City property. j. The City requires the contractor to use alternate disposal options such as reuse and recycling of applicable materials.
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Packet Pg. 1098 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
5. CHANGE ORDERS
If the City makes any other substantial change to the landscaping in a contract area, the City and Contractor shall negotiate any necessary adjustments to the monthly maintenance contract. The City reserves the right to remove any area from the maintenance contract if agreement cannot be reached.
4. EXTRA WORK
a. The City may request extra work from the Contractor as needs arise. Contractor will only be compensated for work which is approved in writing by the City in advance. The City reserves the right to accomplish extra work with City forces or with other contractors instead of this Maintenance Contractor.
b. Upon notification that extra work will be required, the Contractor shall submit an itemized, written cost proposal for such work to the City. The City shall retain the right to reject such cost proposal and perform the extra work with City forces or other contractors.
Should the proposal be acceptable to the City, the Contractor shall be advised in writing and upon receipt of such written notification shall begin the work within five (5) working days or as agreed to between the Contractor and the City. c. The Contractor shall do such extra work in accordance with the agreement for extra work and with the provisions of these specifications and shall furnish all labor, materials and equipment. Payment for extra work performed shall be as agreed to by the Contractor and the City and as bid.
d. Compensation for material will not exceed Contractor cost plus 10%. Contractor must provide invoice copies to be compensated for material and must provide employee timesheets in order to be compensated for labor at the extra work rate.
5. OTHER
a. The Contractor shall be responsible for any and all damage to surface and underground improvements due to the Contractor’s operations on or adjacent to parcels upon which landscape maintenance and weed abatement work is performed. b. Personal property found by the Contractor on City property or in public right-of-ways shall be reported to the City representative immediately and turned into the City on the same day that the property is found. If the items found are thought to be connected with a crime or crime scene, the items and surrounding area shall not be disturbed. The Contractor shall contact City staff immediately or the Colton Police Department if appropriate. d. Specification Interpretation - Should any misunderstanding arise, the City will interpret the Specifications.
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Packet Pg. 1099 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
6. OPERATIONAL STANDARDS
TURF MAINTENANCE
Turf will be healthy with an even and uniform surface, color, and soil moisture that benefits the plant without disrupting the user’s experience. Turf will not exhibit bare spots. Turf will be Pest-free. Shall be maintained in accordance with Turf Maintenance Section, Irrigation and Disease and Pest Control Section standards. a. Turf shall be mowed a minimum of once per week during the growing season (March through November). During the months of December through February, turf shall be mowed once every two weeks. Any alteration of the approved mowing schedule shall be submitted in writing to the Contract Administrator or his/her designee. b. Bruising or rough cutting of grass shall not be permitted. Mower blades shall be sharp and properly adjusted so that turf is cut to a uniform height of 2.5 to 3-inch clipping height.
Contractor should not cut off more than one-third of the grass height when mowing.
Scalping will not be permitted.
c. Grass cuttings which clump or windrow shall be removed immediately. Mowing patterns will be changed weekly or however necessary to avoid rutting. d. Mulch leaf litter with mowers as needed throughout the fall and winter months. Large concentrations of leaves may require pickup. Rakes are preferred for leaf litter removal over blowers. Leaf litter shall not be allowed to accumulate to the point that it will damage or kill turf. Leaf litter that is removed from turf shall either be chopped and used on-site, or transported to a plant debris recycling facility.
e. All turf areas shall be cleanly edged to the inside (turf side) edge of the concrete curbs.
All turf growing along public sidewalks and walkways shall be edged to maintain a crisp, clean edge along all such structures. Grass shall also be kept from overgrowing sprinkler heads. Edging shall also include trimming grass around poles, utilities, and any other concrete pads within or immediately adjacent to the turf areas. Edging shall not be permitted around tree trunks. Refer to “Tree” section for proper care of tree rings and wells.
Edging shall be done by the use of power edgers or by hand. Soil sterilants or other herbicides shall not be used for edging.
f. Care shall be taken to avoid damage by mowers to tree trunks, irrigation heads and any other utilities, facilities or structures within or adjacent to turf areas. Any damage caused by the Contractor's negligence shall be repaired at the Contractor’s expense. Prior to mowing, the contractor shall insure that the mower is clean so that no roots, stolons, seeds or crowns of foreign grasses are introduced.
g. Weed control shall be practiced in all turf areas. Level of weed control shall be at least adequate to eliminate all visible broadleaf weeds and crabgrass. Any weeds which are removed by hand shall be removed in a manner which leaves the ground surface level and saves the existing turf in place. Such weeds shall be disposed of properly.
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Packet Pg. 1100 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) h. All turf areas shall be fertilized as necessary to keep turf in a healthy, green condition and showing no lack of resiliency. At a minimum, turf shall be fertilized two times per year. Prior to lawn fertilization with granular-type, slow release fertilizers, the Contractor shall ensure that the root zone of the turf grass is damp and that the grass itself is free of surface moisture. Lawns shall be watered immediately after fertilization to prevent burning the grass. Fertilizer type, timing and application rate shall be agreed upon by the City prior to application.
i. All turf areas shall be irrigated as necessary to maintain turf in a green, healthy, uniform growth pattern. Irrigation sprinkler heads shall be kept in adjustment for uniform irrigation.
At no time shall dry spots become evident. The irrigation controller shall be set so that with each water application an adequate amount of water is supplied to the root zone of the grass to ensure that soil moisture does not go down to the wilting point of the turf grass. Irrigation controller settings shall reviewed and agreed upon with the City Water Conservation Specialist and other appropriate staff. Temporary modification requires notification within 24 hours.
j. All litter and debris in turf areas shall be picked up and disposed of properly. Litter and debris shall not be allowed to accumulate but shall be picked up and disposed of a minimum of twice per week. The Contractor shall accomplish such litter and debris pickup prior to mowing to avoid shredding and dispersal of these materials.
7. EDGING
a. Edging shall be done a minimum of once every 2 weeks during the growing season (March through November). During the months of December through February, edging shall be once a month. Any alteration of the approved edging schedule shall be submitted in writing to the Contract Administrator or his/her designee. b. All turf grass adjacent to sidewalks, curbs, mowing strips, shrub beds, and where no improved surface exists, shall be edged in a neat uniform line. c. Trimming of turf grass shall be performed along walls, and around valve boxes, water meter, boxes, backflow devices, shrubs, or any structures located within the turf grass area on the scheduled mowing day. Edging and trimming shall not be permitted against tree trunks.
d. The City allows herbicide tree rings or a varying diameter mulch ring in compliance with ANSI A300 standards around trees to eliminate string trimming. e. A four (4) inch barren strip shall be provided, and maintained, between turf grass areas and adjacent ground cover. Edging of turf grass and ground cover shall provide uniform delineation adjacent to this barren strip.
f. All clippings and trimmings shall be removed from the work site the same day work is performed and prior to a Contractor vacating the work site. Clippings and trimmings shall not be blown on the street or adjacent property.
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Packet Pg. 1101 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) g. After mowing and edging is completed, all adjacent walkways and gutters shall be swept clean as needed or blown with mechanical blower. Mechanical blower shall be used only between the hours 7:00 a.m. and 6:00 p.m.
8. FERTILIZER
The Contractor will be responsible for performing all fertilizations of turf and landscape and shall be included in the base bid. The fertilization schedule shall be coordinated with the City during the first month of the contract period. a. The turf grass (excluding no-mow types) shall receive fertilizer applications two times per year. Approximate dates of these are April 1 and October 1. Turf is to be maintained in good condition with horticultural acceptable growth and color, and additional fertilization may be required as extra work. Variations to these dates may be required under individual circumstances. All fertilizer shall be approved by the City prior to application. b. Fertilization shall be performed with an approved fertilizer, consisting of an appropriate amount of Nitrogen, Phosphorus and Potassium for each sire with a ratio, application rate applied evenly per each 1,000 square feet of area. Preferred product of or similar to Clarus Pro Screamin’ Green Fertilizer. Other formulations will be considered based on soils reports.
c. All shrub, groundcover and no-mow turf areas shall receive a fertilizer application one time per year. Approximate date of this application is March 1. Intent is to maintain plants in good condition with horticultural acceptable growth and color. Variations to this date may be required under individual circumstances. All fertilizer shall be a complete fertilizer or similar. All types shall be approved by the City prior to application.
NT 16-2-3 60%. Any change in the fertilizer ratio and/or rate shall be submitted in writing and approved by the Contract Administrator or his/her designee. d. Contractor shall notify the Contract Administrator or his/her designee, in writing, five (5) working days prior to any fertilizer application. This written document shall include the following:
i. Location and exact date the fertilizer application will be performed. ii. Type of fertilizer and method of application to be used. e. Contractor shall immediately irrigate after each fertilizer application, or irrigate based on the label of the product.
f. All fertilizer applications shall be performed with properly calibrated equipment to provide uniform application.
g. Any fertilizer spilled on the ground during the fertilization process, shall be pick up so as not to cause ‘burning of the turf” or “staining of the hardscape.” If burning occurs as a result of spilled fertilizer, the burnt turf will be removed, soil amendment shall be added and the area shall be sodded with the same type of turf grass.
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Packet Pg. 1102 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
9. TURF GRASS RENOVATION
a. Contractors shall notify the Contract Administrator or his/her designee, in writing five (5) working days prior to any renovation operation. The written document must include the following: 1) location and exact date of the renovation will be performed and 2) type of equipment and materials to be used.
b. Contractor shall remove all renovation generated debris from the work site the day of the renovation operation and prior to vacating the work site c. All turf grass shall be aerated. Aerating shall be performed at a minimum of one time per year with an aerator machine which has one and one-half (1 ½) to one (1) inch in diameter coring tines spaced no more than six (6) inches apart. The machine shall remove cores from the turf a minimum of two (2) inches in length. d. Reseeding of bare spots shall be performed continually throughout the year to reestablish turf to an acceptable quality. Reseeding shall be performed with certified turf grass seed similar to the established turf at a rate of ten (10) pounds per 1,000 square feet.
Seed shall be topped with one – eight (1/8) topper. The topper must be approved by the Contract Administrator or his/her designee and shall not contain steer manure. The Contract Administrator or his/her designee may require the use of sod when deemed necessary. The Contractor shall be entitle to the wholesale cost of the sod only, provided the loss of turf was not due to the negligence of the Contractor.
SHRUBS
Shall be maintained in healthy, attractive condition that lends variety and interest to the landscape.
a. Shrubs shall be pruned as necessary to encourage healthy, natural growth patterns for each specific variety. Pruning shall include thinning, shaping, and removing dead or diseased branches. Shrubs which may restrict visibility, such as those adjacent to left hand turn lanes or those within 100 feet of any intersection shall be kept within the height range of 12" - 24" as measured from the street level.
b. All shrubs shall be pruned back to clear all roadways, curbs, gutters and sidewalks.
Shrubs shall not block signs, utilities, utility meters or any other facilities located within the work areas. Shrubs shall not block access to controllers or electric valves and shall be pruned so as to minimize blockage of irrigation head spray patterns. c. Litter and Debris Removal - All areas shall be maintained free of trash and debris.
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Packet Pg. 1103 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) TREES
The Contractor shall prune trees for clearance as part of the base bid. Pedestrian clearance shall be eight feet (8') and vehicular clearance shall be fifteen feet (15'). Responsibility for structural grid pruning, weight reduction pruning, etc. shall not be contained in the base bid and will be considered "extra work”. The City reserves the right to perform this work in any manner that it deems appropriate.
a. Contractor shall refer and adhere to the City of Colton approved Urban Forestry Management Plan and/ or ANSI A300 & TCIA standards for tree care and maintenance. b. Trees which are staked shall have supports kept in good repair. Tree stakes and ties that are no longer necessary shall be removed and properly disposed of. Any broken or damaged supports or ties shall be replaced as soon as possible. Staking shall remain in place until trees are fully capable of self support. Stakes and ties shall remain on tree roses at all times.
Trees which have low hanging, diseased, dead or broken branches shall be trimmed by the Contractor. To a maximum height of 15 feet, tree branches which can be pruned from the ground level using a hand or pole pruning equipment shall be trimmed by the Contractor as trees require. Branches overhanging traffic lanes shall be kept side trimmed to face of curb line and to a height of 12 feet. Branches overhanging pedestrian routes shall be kept trimmed to a height of 8 feet above walkway level. Trees within the City parks shall have canopies lifted and maintained to a height of no less than 8 feet. c. All trees shall be pruned by qualified personnel using horticultural sound methods and approved techniques. Trees shall be pruned to develop a structurally sound shape and a healthy, natural appearance. No excessive pruning, topping or stubbing back will be allowed. Sucker growth originating at the trunk or root zone shall be removed. Trees encroaching into backyards of private property from work areas shall be side trimmed to fence line to a height of 12 feet.
d. Trees shall be fertilized on an as needed basis based on the health of the tree and the soil conditions, with a complete fertilizer formulated for use on trees. The fertilizer shall be injected into the soil or spread in the watering basin. e. Trees knocked down or heavily damaged by vehicular accidents or trees and large limbs blown down and blocking traffic lanes shall be immediately reported to the City. The City shall have responsibility for cleanup of such trees and large limbs. Any time personal property of a motorist or pedestrian is damaged due to falling trees or limbs, the Contractor shall notify the City Police Department immediately. Any small branches which fall or are blown from median plantings, causing no damage, shall be removed and disposed of by the Contractor.
GROUNDCOVERS
Shall be maintained in healthy, attractive condition that lends variety and interest to the landscape.
a. Groundcovers shall be kept trimmed behind top of curb lines at all times, kept off of pedestrian walkways and out of drainage ditches, kept out of interplanted shrubs and trees,
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Packet Pg. 1104 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) trimmed to keep all signs, poles, guardrails, and utility meters clear, and kept from encroaching in any way into private property or onto private property fences. b. Litter and Debris Removal - All areas shall be maintained free of trash and debris. c. Trimming All shrubs shall be pruned as needed to meet the intent of the landscape design and have a neat appearance. Ground covers shall be edged as needed to keep plant growth from extending beyond curbs, onto sidewalks, buildings, and turf areas. Ground cover in medians shall not be allowed to extend beyond the curb or sidewalk. Pruning shall occur three (3) times per year or as plant material growth dictates to meet standard.
WATERING
a. Water is available from the City's automatic and manual irrigation systems at the sites.
Where no irrigation system exists, irrigation shall not be considered part of this contract.
The City shall pay for all water and electricity except for water usage in excess of that needed to maintain the landscape as specified herein. Contractor shall pay for all excessive water charges due to Contractor’s failure to monitor irrigation system malfunctions or unwarranted increases in the frequency of irrigation.
b. Automatic controllers shall be programmed for watering prior to 6:00 A.M. or after 10:00 P.M. for the watering days of Tuesday, Thursday and Saturday. Automatic controllers' programs shall be adjusted to compensate for changes in the weather and site conditions. Excessive run-off of water shall be avoided. Water shall not be allowed to pond or create a water-logged soil condition. Wasting of water or use of City furnished water for means other than those directly related to maintenance of this project shall be prohibited. c. Precautions shall be taken to prevent water from wetting pedestrians, vehicles and pavement. Any soil washed onto pavement shall be cleaned up and any eroded areas shall be filled in at the Contractor’s expense.
IRRIGATION SYSTEM MAINTENANCE
Irrigation systems shall be checked as needed at each site to meet standards and conform to the City's conservation efforts and all applicable ordinances, regulations, and laws. All systems will comply with State and local laws regarding prevention and protection of the public water system. All controllers that are on the central system shall be used to their fullest programming capability.
a. The Contractor shall be responsible for general maintenance of the irrigation system including piping, wiring, spray heads, electric valves, and automatic controller operation.
All irrigation parts and materials which are damaged or broken shall be reported to the City. Contractor shall then submit in writing a written proposal for repair and/or replacement. A City representative shall then determine if work shall be done by Contractor or a City crew. Contractor is responsible for any damage caused by Contractor. Any repair work performed by the City, which is at fault by the Contractor, shall be charged against the Contractor’s monthly account.
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Packet Pg. 1105 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) b. The irrigation system shall receive a wet-check inspection for each zone by the Contractor on a monthly basis during the irrigation period. The Contractor shall coordinate with the City to ensure that the irrigation systems are properly set to avoid over-watering, especially prior to scheduled mowing. It is the Contractor's responsibility to insure that the system is operating correctly and that there is adequate coverage. c. All spray heads shall be kept cleaned and adjusted to maximize coverage and minimize overspray onto the roadway. Adjustments shall include raising or lowering spray heads to avoid obstructions to the flow of water, and shall be done at the Contractor's expense. d. All electric valves shall be kept flushed clean of sediment and debris and shall be maintained in proper working order. Valves shall be kept well adjusted to insure efficient operation of the irrigation system. The Contractor shall also keep the controllers clean and free of insects and dust, and shall make any necessary repairs or replacements. e. No modifications may be made to the existing automatic irrigation system without express approval of the City. Any changes so approved shall be noted by the Contractor on a copy of the Irrigation plan and submitted to the City within five (5) working days of the completion of the work.
f. In the event of a drought condition, the City shall have the authority to modify the watering requirements described in these specifications.
WEED CONTROL
a. All areas within the work sites are to be kept free of weeds and volunteer tree growth.
This includes but is not limited to, all bare dirt areas and any weed growth within ground cover and shrub plantings. Pedestrian walkways, medians and other hardscaped areas are to be kept weed-free at all times; this includes the area that extends two feet from face of curb into the street area.
b. Volunteer tree growth shall be removed by the Contractor as part of this contract.
The Contractor shall comply with all rules, regulations, and license requirements of the California Department of Pesticide Regulation, the Department of Health, the Department of Industrial Relations and all other agencies which govern the use of pesticides required in the performance of work on the Contract.
c. The Contractor shall perform spraying on City properties to prevent weed growth.
Spraying shall consist of (1) use of a pre-emergent herbicide to prevent weed growth during the growing season following application, and (2) use of a systematic herbicide to kill regrowth and/or spring/summer weeds. Soil sterilants may not be used unless directed by the City.
d. It shall be the Contractor’s responsibility to apply herbicides as necessary to keep all properties appropriately free of weeds throughout the year. Weeds shall not exceed a maximum two (2) inches in height. It is the Contractor’s responsibility to control summer weeds such as, but not limited to: Russian thistle, puncture vine, morning glory, anise, Kikuyu grass and Bermuda grass. It is also the Contractor’s responsibility to control
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Packet Pg. 1106 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) Perennial and/or woody plants such as but not limited to: blackberry and coyote brush. e. It shall be the Contractor’s responsibility to determine the most appropriate times of year to apply herbicides, fungicides, and pre-emergent.
f. It shall be the Contractor’s responsibility to independently monitor all contract areas and perform touch-up spraying. Monitoring shall as a minimum include a weekly physical inspection of all spray areas. Touch-up spraying shall be required at any time that weed growth occurs. The Contractor shall mow if weed growth on sprayed lots exceeds 4” in height.
g. The Contractor shall use the necessary equipment in order to accomplish the work in a satisfactory manner. The Contractor shall arrange operations so that the herbicides will not be distributed beyond the limit of property sprayed. The Contractor shall apply the Herbicides using nozzles and pressure necessary for a proper application. h. The Contractor shall supply water for the chemical mix. i. The materials used by the Contractor must be of such composition and of sufficient strength to kill weeds, but may not sterilize the soil for a period in excess of one year following application. The chemicals used shall not be toxic or harmful in any manner to animals or human beings when used in prescribed manner. The materials used shall not harm desirable vegetation such as trees or turf. The materials used shall not be flammable or leave an oily residue that will discolor or leave a slippery film on sidewalks and curbs.
The City may at any time during the spraying operation take samples to check materials being used. Upon request, the Contractor shall provide the City with information regarding chemicals applied to specified locations. In addition, the Contractor shall upon request provide the City with specimen labels of chemicals applied. In the event the treatment is not effective, the contractor will be required to remove all growth from the area within the limits of the spray application.
j. The Contractor shall supply copies of chemical application sheets to the City.
WEED MOWING
a. All weed mowing shall be performed as directed by the City, on City property. b. Weeds will be mowed with a flail mower to a maximum height of 2”. c. It is the intention of this specification to provide for mulching as would be furnished by a Flail Mower so that no grass or stubble shall exceed 2” in height. Weeds shall be removed from against fences, trees, and other obstructions. If the City determines that mowing practices or the condition of the weeds does not provide adequate mulching, the Contractor is to remove the mulched weeds.
d. The Contractor shall sweep sidewalks and mechanical blow roadways of plant material after cutting to maintain a clean, neat condition.
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Packet Pg. 1107 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
MATERIAL
a. The Contractor shall supply all new and replacement material for all new construction or replacements necessary as per City Standard Construction Drawings. All replacements, whether due to disease, pest infestation or Contractor negligence shall be Contractor responsibility and considered part of the bid item without separate payment made therefore. b. Fertilizers shall conform to the California Food and Agricultural Code. Commercial fertilizers shall be complete fertilizers furnishing the required percentages of nitrogen, phosphoric acid, potash, gypsum and other necessary micronutrients and soil amendments as needed to keep turf, trees, and shrubs in a healthy and vigorous growing condition; fertilizer shall be provided at the expense of the contractor. c. Any tree stakes, tree ties, and/or guy wires needing replacement shall be replaced with new materials as per the ANSI A300 and TCIA standards at the expense of the Contractor.
PEST MANAGEMENT
a. All landscaped areas shall be maintained free of disease and harmful insects without compensation beyond the base bid.
b. The City of Colton seeks to control pests without harming non-target organisms, or negatively affecting air and water quality and public health. The Contractor shall give preference to reasonably available non-pesticide alternatives when conducting pest management activities on City property and public right-of-ways. Chemical controls should only be applied when monitoring indicates that preventative and non-chemical methods are not keeping pests below acceptable levels. When pesticides are required, the least toxic and the least persistent pesticide that will provide adequate pest control is applied. Pesticides should not be applied on a prescheduled basis. c. The Contractor may employ Integrated Pest Management (IPM) practices when controlling pests. IPM uses cultural, mechanical, physical, and biological control methods before using pesticides.
e. Contractor must provide the Contract Administrator or his/her designee a list of pesticides prior to application of the pesticide. Contract Administrator or his/her designee must approve the pesticide application.
f. Gopher control shall be part on the contract and shall include the following locations:
Crystal Ridge entrance parkway and medians, Veterans Park at Congress St./O St., Davis Park at Laurel Ave./Theresa St. and Chaves Park at Mt. Vernon and E St.
LITTER AND LEAVES
a. Litter, trash, leaves, clippings, and other debris shall be removed from the work sites two (2) times per week or unless otherwise specified, more often to maintain a neat and clean appearance. Green Waste must be properly recycled at an authorized transfer station or
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Packet Pg. 1108 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) composting facility. Litter that is recyclable must be recycled. All excess material shall become the property of the Contractor to be legally disposed of as Contractor sees fit. The City of Colton will not reimburse the contractor for any fees incurred.
PUBLIC SAFETY
a. The Contractor shall conduct maintenance operations so as to offer the least possible obstruction to the public and to abutting property owners. b. No material or equipment shall be stored on City property. Any materials or equipment brought to the site for use during any one day shall be placed where it will not interfere with the free and safe passage of traffic and pedestrians. Such materials and equipment shall be removed at the end of each day or when maintenance operations are suspended for any reason.
c. If a hazardous conditions are observed and the City notifies the Contractor either directly or by telephone, the Contractor shall correct the condition immediately. If the Contractor fails to correct the hazardous condition immediately, the City reserves the right to install or have installed the necessary lights, barricades, etc. The cost involved shall be deducted from any money due or to become due the Contractor.
d. Full compliance with this section shall be considered as included in the contract price paid and no separate payment will be made therefore.
TRAFFIC CONTROL
a. The Contractor shall adhere to all Cal-OSHA and Department of Transportation standards and requirements and take all necessary safety precautions to insure that maintenance work does not endanger the health and safety of the public or cause hazards to the safety of landscape maintenance employees. Construction signs, lights, barricades, etc. shall conform to the latest revision of the Manual of Warning Signs, Lights and Devices for Use in Performance of Work upon Highways, by the California Department of Transportation.
b. Traffic lanes shall be kept open at all times except when maintenance work may require temporary closing of the lane immediately adjacent to the work area. At no time shall there be less than one traffic lane open in each direction. The Contractor shall minimize closing of traffic lanes by parking maintenance vehicles for loading and unloading of materials and landscape maintenance equipment in the left hand turn lanes(s) at the beginning of the median taper.
c. Appropriate safety devices such as traffic cones, warning signs, early warning safety directional boards and/or barricades shall still be used as required. Whenever the Contractor's operations create a condition hazardous to traffic or to the public, the Contractor shall, without cost to the City, furnish, erect and maintain such barricades,
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Packet Pg. 1109 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) lights, signs, and other devices and take such other precautions as are necessary to prevent damage or accidents or injury to the public and the Contractor’s employees. d. The Contractor shall also furnish such flagmen as are necessary to give adequate warning to traffic or to the public of any dangerous conditions to the public. All flagging costs shall be born solely by the Contractor.
e. It is the Contractor’s responsibility to provide for the safety of traffic and the public.
This includes responsibility to inspect, and identify conditions that render any portions of the jobsite unsafe. The City shall be notified immediately of any unsafe conditions that requires major correction.
f. The Contractor shall be responsible for making minor corrections, including, but not limited to; filling holes in turf areas and paving, using barricades or traffic cones to alert the public to the existence of hazards, and replacing valve box covers. g. Pedestrian travel shall be maintained at all times along both sides of all streets or streets where work as part of this contract is being performed. All temporary pedestrian walkways shall be at least four (4) feet wide and fully accessible to handicapped pedestrians. In all cases, pedestrian walkways shall be separated from vehicular traffic by a clear area of at least six (6) feet.
Use Local Products and Supplies
a. The Contractor shall use local products and suppliers to the extent possible to minimize fuel consumption and emissions.
EQUIPMENT REFUELING AND REPAIR
a. The Contractor shall refuel and repair equipment in a safe manner to protect against accidental spills. Limit refueling to specific and limited areas on a site. Measures shall be taken to prevent,
control, and clean-up spills. Clean-ups shall be immediate, automatic and routine and performed by a trained staff member or a licensed cleaning company. Contact the local emergency response team agencies to report all minor or major spills. Contractor shall be aware of and abide by Spare-the Air Day fueling advisories.
AREAS TO BE MAINTAINED
REFER TO LLMD MAPS FOR EXACT EXTENT OF AREAS
(Revised versions will be made available if errors exist) LLMD 1:
Zone 2 Cooley Ranch lies generally east of the Santa Ana River and northwest of Barton Road. The areas of improvement within Zone 2 include:
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Packet Pg. 1110 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) • Washington Street medians and northerly and northwesterly parkways from approximately 150 feet southwest of Santo Antonio Drive to Mt. Vernon Avenue, excluding the parkway along Camping World frontage.
• Mt. Vernon Avenue medians and easterly parkways: from approximately 350 feet north of Washington Street to north of the county flood channel; and from approximately 300 feet north of Cooley Drive to the Santa Ana River. • Cooley Drive medians and northerly and westerly parkways: from Mt. Vernon Avenue to approximately 800 feet north of Via Venita; and from approximately 800 feet north of Via Venita on both sides of flood channel east to end of landscaping. • Cooley Drive medians and southerly and westerly parkways: from Cooley Lane to State Highway 15 East.
• Cooley Drive westerly parkway from Cooley Lane south to the flood channel. • Cooley Drive median from Barton Road to flood channel and south of Cooley Lane. • Cooley Lane, both the northerly and southerly parkways from Cisco Street to Cooley Drive and the southerly parkways from Cameron Street to Hunts Lane. • Beech Lane median from Cooley Lane to Cherrywood Lane. • Elm Drive median from Cherrywood Drive to Cottonwood Drive. • Aspen Lane median from Torrey Pines Drive to Oak Glen Lane. • Ashwood Lane median from Oak Glen Lane to Cooley Drive. • Clear Creek Lane southerly parkway from Forest Drive to Oak Glen Lane. • Barton Road southerly parkways from Cooley Drive to Hunts Lane. • Hunts Lane westerly parkways from Cooley Lane to Stewart Street. • Colunga Street parkway adjacent to lot 54, Tract 14404-1. • Cameron Street parkways adjacent to Lots 56 and 60, Tract 14404-1. • The Rich Dauer Park located south of Cottonwood Drive, north of Sugar Pine Lane, and west of Torrey Pines Drive.
• The Park Site east of Cooley Drive and south of Duron Street. • The entry monument on Barton Road and east of Mojave Drive. • “M” Street parkways (north side from Mount Vernon Avenue to 970 feet (Recycling center).
• Clear Creek southerly parkways from Forest Drive to Barton Road.
Zone 3 La Loma Hills includes the parcels southeast of the Santa Ana River and west of State Highway No. 215 and Tract 16912 located along Rosedale Avenue. Improvements within Zone 3 include:
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Packet Pg. 1111 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) • La Cadena Drive parkways and Medians from Interstate 215 to Valley Blvd., not including medians and parkways between Palm Ave. and Litton Ave. (Grand Terrace city limit).
• Existing and future improvements along South La Cadena Drive between Tropica Rd. and Maryknoll Drive.
• Existing and future improvements along Rosedale Avenue between La Loma Avenue and Shirley Court.
• Maintenance of landscaping and irrigation system for parkways and medians extending along the 812-foot right-of-way along Rosedale Avenue.
Zone 4 Old Colton is the area generally north of Valley Boulevard and east of Meridian Avenue. Improvements within Zone 4 include:
• Grand Avenue westerly parkway and landscaping easement from Citrus Street to Johnston Street.
• Citrus Avenue northerly parkways and landscaping easement Grand Avenue to approximately 350 feet west of Teresa Avenue.
• Citrus Avenue northerly parkway from Macy Avenue to Grand Avenue. • The southerly parkways and landscaping easement on Citrus Avenue from Macy Avenue to approximately 350 feet west of Teresa Avenue. • Common Area beginning at the terminus of Rudy Oliveras Court and extending north easterly parallel to Award Drive to the boundary between the City of Colton and the County of San Bernardino.
• Fairway Drive northerly parkway from Sperry Drive easterly to the Lytle Cajon Flood Control Channel.
• Fairway Drive southerly parkway from approximately 625 feet west of Crossroads Aqueduct to approximately 195 feet east of Crossroads Drive and approximately 890 linear feet of frontage along I-10 freeway.
• Fairway Drive northerly parkway from approximately 250 feet west of Award Drive to approximately 230 feet east of Award Drive and the open space area approximately six (6) acres west of and associated with tract 15480. This area also includes the Scenic Drive Southerly parkway that extends from midway between North Iowa Avenue and Kansas Avenue to the boundary between the City of Colton and the County of San Bernardino.
• The westerly third of Davis Park along Theresa Avenue between Kimberly Avenue and Laurel Street.
Zone 5 Reche Canyon includes parcels south of Barton Road on either side of the Reche Channel. Improvements within Zone 5 include:
• The southwesterly slopes on Prado Lane, along Hidden Valley Lane and the tract frontage (Lot A, Tract 12197).
• Prado Park southwest of the intersection of Prado Lane and Hidden Valley Lane.
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Packet Pg. 1112 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) • Prado Lane entry area including north side slopes (Lot C of Tract 12197) and the median west of Prado Lane/Hidden Valley intersection.
• Reche Canyon Road southwesterly parkways from Pepper Tree Lane to approximately 200 feet southeast of Gunnison Way, and the entry monuments located within the parkway at Topanga Way and Gunnison Way.
Zone 8 West Valley lies generally north of Interstate 10 Freeway and west of Pepper Avenue. In Fiscal Year 2002/2003 certain territory was detached from Zone 8. This detached territory includes areas South of Randall Avenue and west of John Juarez Way and North of San Bernardino Avenue/Olive Street and east of Pepper Avenue.
Improvements within Zone 8 include:
• Sandlewood Road median between Sycamore Avenue and Cherry Tree Road. • Sycamore Avenue easterly parkways and landscaping easement from approximately 250 feet south of Sandlewood Road to approximately 350 feet north of Sandlewood Road.
• Indigo Avenue median between San Bernardino Avenue and Sago Palm Road. • San Bernardino Avenue northerly parkways from approximately 450 feet west of Indigo Avenue to approximately 120 feet east of Agua Caliente Lane. • Eucalyptus Avenue easterly parkways and adjacent landscaping easements: from San Bernardino Avenue to approximately 100 feet north of De Carmen Drive; and from approximately 100 feet south of West Admiralty Street to approximately 500 feet north of West Admiralty Street.
• Eucalyptus Avenue westerly parkways and adjacent landscaping easements: from approximately 100 feet south of West Admiralty Street to approximately 100 feet north of Westwind Street; and from approximately 100 feet south of Date Tree Road to approximately 100 feet south of West Admiralty Street. • Pepper Avenue westerly parkway from Station Drive to approximately 600 feet north and Station Drive.
• Pepper Avenue medians from West San Bernardino Avenue to Valley Boulevard. • Pepper Avenue parkways from Randall Avenue to Station Drive. • Station Drive entrance, medians, and northerly parkway from Iron Horse Drive to Pepper Avenue.
• Meridian Avenue westerly parkways and landscaping easements adjacent to Tracts 14158 and 14159.
• Various interior parkways and easements within Tracts 14158 and 14159. • Valley Boulevard medians from Sycamore Avenue to Wildrose Avenue.
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Packet Pg. 1113 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) LLMD 2:
Zone One
• Parkway perimeter landscaping (Streetscape) along Meridian Avenue, Randall Avenue, Pepper Avenue San Bernardino Avenue and Olive Street; • Landscaping along John Juarez Way;
• Side yard landscaping including Altissimo Lane, Campana Court, Solista Circle, Orquesta Court, Poema Dr, Cantara Street, Julian Court, Concepcion, Serenata Street, John Juarez Way, Robert Crites Lane, and Del Giorgio Drive; • Weed abatement and clean-up of the Southern California Edison easement that bisects the development from Pepper Avenue to John Juarez Way; • Weed abatement and cleanup of 4.7 acre City owned parcel (Meridian Basin) located along Meridian Avenue, north of San Bernardino Avenue.
Zone Two
• Maintenance of landscaping and irrigation system for westerly and easterly parkways of Reche Canyon Road;
• Maintenance of landscaping and irrigation system on Crystal Ridge Lane entrance, parkways and medians within the 68-foot right-of-way extending from Reche Canyon Road to Tiffany Way;
• Weed abatement, land maintenance of landscaping and irrigation system on lots A, B, C, D, and E of Tract 16289;
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Packet Pg. 1114 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
LOCATION MAPS CITY OF COLTON LANDSCAPE AND LIGHTING MAINTENANCE
DISTRICT I AND II LANDSCAPING SERVICES AND VARIOUS SITES
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Packet Pg. 1115 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
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Packet Pg. 1116 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
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Packet Pg. 1117 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
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Packet Pg. 1118 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
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Packet Pg. 1119 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
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Packet Pg. 1120 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation)
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Packet Pg. 1121 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) (BB&K 2018)
23152.06000\30608583.2
Exhibit B-1
EXHIBIT “B”
SCHEDULE OF SERVICES
CONTRACTOR SHALL PROVIDE MAINTENANCE LOCATION AND WORK SCHEDULE BY JULY 1, 2023.
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Packet Pg. 1122 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) (BB&K 2018)
23152.06000\30608583.2
Exhibit C-1
EXHIBIT “C”
COMPENSATION
The total compensation shall not exceed for the following:
LLMD I
Nine Thousand Nine Hundred and Forty-Three Dollars and Fifty-Four ($9,943.54) per month or One Hundred Nineteen Thousand Three Hundred and Twenty-Two Dollars and Forty Eight Cents ($119,322.48) per year
LLMD II
Seven Thousand Nine Hundred and Thirty-One Dollars and Fifty-Six Cents ($7,931.56) per month or
Ninety-Five Thousand One Hundred and Seventy Eight Dollars and Seventy-Two Cents ($95,178.72) per year
For a maximum total of Two Hundred and Fourteen Thousand Five Hundred and One Dollar and Twenty Cents ($214,501.20).
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Packet Pg. 1123 Attachment: Maintenance Services Agreement - Colton_RP Landscape & Irrigation (4094 : Contract Award - RP Landscape & Irrigation) ITEM NO. 15
STAFF REPORT
DATE: JUNE 20, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: DEB FARRAR, COMMUNITY SERVICES DIRECTOR
SUBJECT: APPROVE CHANGE ORDER FOR LAKESHORE LEARNING
MATERIALS, FOR PURCHASE OF CLASSROOM MATERIALS,
SUPPLIES, AND FURNITURE.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve a Change Order for open Purchase Order #054762, Lakeshore Learning Materials increase from $25,000 to $100,000, for purchase of classroom materials, supplies, and furniture.
BACKGROUND
The City of Colton, Early Care and Education Division, Community Service Department, has two main components; the State Preschool Program (SPP) and the School Age program (SAP).
The SPP is funded by a contract with the CA Department of Education (CDE) and the SAP is funded by a contract the CA Department of Social Services (CDSS).
In FY 22-23, due to increased child reimbursement rates, higher child adjustment rates, and a Contract Expansion, the Contracts from CDE and CDSS increased dramatically. The SPP Contract, known as CSPP, increased from $626,019 to $947,098. The SAP Contract, known as CCTR, increased from $267,680 to $771,655.
ISSUES/ANALYSIS
The ECE Division is in an extremely rare situation where there are more funds than were budgeted or expected. Over the past few months, a variety of large scale options and projects have been explored, but due to a variety of issues including shipping delays, low stock, and slow manufacturing timelines have made them impossible to obtain by the June 30, 2023 deadline. At this time, the remaining option is to expend the funds on updating classroom supplies such as 15 Packet Pg. 1124
Staff Report to the Mayor and City Council
Change Order - Lakeshore Learning Materials
June 20, 2023