Due to the nature of the hardening California insurance market, the PERMA Insurance Pool and the City of Colton did not obtain final hard numbers until after the FY 2023/2024 Fiscal Year Budget approval during the City Council meeting on June 6, 2023. Subsequently, a placeholder budget estimate was included in the approved budget. We subsequently now know the final cost and the budget needs to be adjusted to accommodate this increase for the FY 2023/2024 budget.
Prior to 2015, the city participated in the Independent Cities Risk Management Authority (ICRMA) municipal insurance pool with other governmental entities. From 2015 through 2022, the City obtained insurance coverage in the broker/commercial market. In FY 2021/22, the cost for the City’s insurance coverage increased 71% from approximately $909,000 in FY 2020/2021 to $1.6M in FY 2021/2022. In FY 2022/23, the cost increased to $2.59M. This year, the projected cost is $2.915M. In addition, the city budgets approximately $4.2M set aside to pay possible claims, commonly liability and workers compensation claims under the City’s selfinsured retention.
ISSUES/ANALYSIS
In the FY 2023/2024 Budget, the City budgeted for PERMA premiums $2,378,000 in account # 607-6040-8601-2440-0000-000. The City PERMA premium cost for FY 2023/2024 is approximately $2,915,000 and the City budget needs an additional $550,000 allocated to this account number to fund the City’s coverages. A comparison to last year coverage is as follows:
Description Amount 2022/2023 2023/2024
Liability Program $1,266,992 $1,349,631
Workers' Comp Program $512,043 $454,148
Crime Program $3,255 $3,090
Cyber Program $29,497 $35,354
Employment Law (EPL) Program $54,232 $86,823
Deadly Weapon Coverage (ADWRP) Program $1,446 $698
Property Program $270,282 $767,700
Auto Physical Damage (APD) Program $69,883 $64,256
Liability Trust Account Deposit $100,000 $21,318
Workers' Comp Trust Account Deposit $100,000 $131,255
Total Amount Due: $2,378,133 $2,914,273
* Cyber in 22/23 was provided through Commercial Ins.
California Hardening Insurance Market
The California insurance market has been hardening for years and this year is no exception and perhaps worse. The hard general liability market that we have experienced in recent years will continue for FY 2023/24. The increase in the number and size of extremely large losses over the last 6-8 years is the main contributor. The prolonged soft market that California enjoyed during the 15-20 years prior to the market starting to harden in the late 2010’s contributed to the 15 Packet Pg. 817
Staff Report to the Mayor and City Council
2023/2034 City Insurance Cost Increase
July 18, 2023
problem. The relatively good loss experience over that time drove competition way up and pricing down to a point that wasn’t sustainable, especially once the loss experience changed. And change it did. Starting around FY 2013/2014, the size of loss outcomes got significantly bigger.
Claims that previously had been resolved in the $5M-$10M range started costing public entities and their insurers $20M-$30M and higher. This turned out to be an industry-wide trend, but certainly seemed to have its origins in California, and tracks with PERMA/PRISM’s experience as well.
Clearly something changed, and with that change, carriers have been taking steps to protect themselves from what appears to be the new normal. This has included:
• Withdrawing from the market altogether (Two industry giants, State Farm and Allstate recently withdrew from any new property insurance in California), • Reducing capacity (amount of limit carriers are willing to put at risk), • Increasing attachment point,
• Pushing for aggregate limits,
• Restricting coverage through exclusionary language, and • Dramatically increasing rates.
We expected and saw some or all the above in the 23/24 renewal market.
Colton Risk Portfolio Changed
The largest single item to increase for Colton was our property insurance. This increase was driven by new appraisals of all Colton City properties in the past fiscal year, which appraised Colton’s properties at a value of $244,894,393. Previously, in FY 2022/2023 the insured property value was $93,456,056. We have no records of when Colton’s’ last appraisal was completed, and staff think it was more than a decade ago, and California property values and replacement cost have skyrocketed since that time. The new appraisal ensures the City’s exposure for property liability and replacement is limited in the inflated market but has resulted in a 207% increase of premium from $247,000 in FY 2022/2023 to a $896,000 premium in FY 2023/2024, an approximate $561,000 increase which accounts for the requested funding increase.
FISCAL IMPACTS
The Insurances (or Risk Management) Fund is an internal service fund, which is funded through charges to City Departments based on their proportionate share of risk management activities based on the City’s OMB Circular A-87 compliant Cost Allocation Plan (CAP). The additional $550,000 in appropriations required to pay the increased premiums must be funded from General, Assessment District, and Enterprise Fund reserves. Adoption of Resolution R-74-23 will amend the FY 2023/2024 adopted budget to appropriate from reserve balance in the various allocated funds and increase revenues and appropriations in the Insurances Fund to ensure sufficient appropriations are available for PERMA premium payments. Following are the 15 Packet Pg. 818
Staff Report to the Mayor and City Council
2023/2034 City Insurance Cost Increase
July 18, 2023
reserves required by fund for the increased premiums:
GENERAL $387,300
COMMUNITY SERVICES $32,603
DEVELOPMENT SERVICES $18,150
FIRE DEPARTMENT $132,568
POLICE $184,088
PUBLIC WORKS $19,878
NON-DEPARTMENTAL $13
GAS TAX $7,411
ELECTRIC UTILITY $87,439
WATER UTILITY $35,381
WASTEWATER UTILITY $27,174
LLMD #2 $314
LLMD #1 $737
STORM WATER $4,244
TOTAL $550,000
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Resolution R-74-23
15 Packet Pg. 819
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. R-74-23
A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA AMENDING THE FY 2023-24 BUDGET FOR PREMIUMS FOR FY 2023-24 INSURANCE
COVERAGE THROUGH THE PUBLIC ENTITY RISK MANAGEMENT AUTHORITY (PERMA) RISK POOL
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, in FY 2022-23, the City of Colton joined the PERMA Insurance JPIA after nine (9) years of procuring needed insurance coverage for the City through brokered commercial insurance.; and, WHEREAS, due to the nature of the hardening California insurance market, the PERMA Insurance Pool and the City of Colton did not obtain final hard numbers until after the FY 2023-24 Fiscal Year Budget approval during the City Council meeting on June 6, 2023; and, WHEREAS, the FY 2023-24 budget was adopted with the preliminary estimated PERMA premiums of $2,378,000 in account # 607-6040-8601-2440-0000-000, and the finalized PERMA premium cost for FY 2023-24 is approximately $2,915,000 to fund the City’s coverages; and, WHEREAS, the FY 2023-24 budget was adopted on June 6, 2023 and an additional appropriation is necessary to cover the increased premium.
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 To amend the FY2023-24 budget to appropriate from reserve balance in the various allocated funds and increase revenues and appropriations in the Insurances Fund to ensure sufficient appropriations are available for PERMA premium payments as follows:
15.a
Packet Pg. 820 Attachment: Resolution R-74-23 (4075 : 2023/2034 City Insurance Cost Increase) 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
PASSED, APPROVED AND ADOPTED THIS 6th DAY OF JUNE 2023.
________________________________________
FRANK J. NAVARRO
Mayor
ATTEST:
STEPHANIE M. VARGAS
Deputy City Clerk
GL Account No
Increase
Appropriations
Increase
Revenue
100-6070-6071-5990-0000-000 184,088
100-6090-6091-5990-0000-000 132,568
100-6150-6151-5990-0000-000 19,878
100-6200-6200-5990-0000-000 16,374
100-6200-6202-5990-0000-000 12,988
100-6200-6250-5990-0000-000 3,241
100-6300-6301-5990-0000-000 14,911
100-6300-6302-5990-0000-000 3,239
210-6150-6160-5990-0000-000 7,411
520-8000-8001-5990-0930-200 87,439
521-8100-8101-5990-0000-000 35,381
522-8200-8200-5990-0000-000 27,174
701-6150-6220-5990-0000-000 314
702-6150-6210-5990-0000-000 737
722-6150-8215-5990-0000-000 4,244
100-1000-1000-5980-0000-000 13
607-6040-8601-2440-0000-000 550,000
607-6990-000 550,000
15.a
Packet Pg. 821 Attachment: Resolution R-74-23 (4075 : 2023/2034 City Insurance Cost Increase) ITEM NO. 16
STAFF REPORT
DATE: JULY 18, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE A NOTICE OF COMPLETION FOR THE DRILLING OF WELLS 32 AND 33 PROJECT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Authorize the execution and recordation of a Notice of Completion for the Drilling of Well 32 and 33 Project.
BACKGROUND
Construction of new production wells were identified in the City’s 2016 Water Master Plan to meet the City’s anticipated water demand over the next ten to twenty years. On September 1, 2020, the City of Colton awarded and entered into a Professional Services Agreement with Michael Baker International to provide hydrogeological services, engineering and design for the well drilling and equipping of Well 33 located at the Rialto Site in the City of San Bernardino.
Well 33, will replace the recently abandoned Wells 13, 16 and 26 for the Western Pressure Zone.
These were removed from service last year due to significant water quality issues and/or significant loss of production capability. Additionally, Well 32 shall replace the existing Well 22 located at Rich Dauer Park due to it having an overall plant efficiency of below 50% and resulting in the production of only 328 GPM.
ISSUES/ANALYSIS
16 Packet Pg. 822
Staff Report to the Mayor and City Council
Notice of Completion - Drilling of Wells 32 & 33
July 18, 2023
On December 21, 2021, the City Council awarded the construction contract to Layne Christensen Company for the Drilling of Well 32 and 33 Project for $3,946,180.00. The Notice to Proceed for the Project was issued on May 10, 2022.
The proposed Well 32, was intended to replace Well 22 located at Rich Dauer Park. However, during the course of drilling and construction of the Well 32 borehole, there were several hydrogeological and water quality issues that were identified through data collection and testing that will greatly impact the cost of operating a well on this site. The projected low production capability was due to the low permeability clay formation of the ground, as shown on the analysis of the downhole geophysical log, will limit the well yield. In addition, groundwater quality results from samples collected and analyzed during depth-specific isolated aquifer zone testing detected levels of Per- and polyfluoroalkyl substances (PFAS), may exceed existing allowable levels as regulated by California Division of Drinking Water Board.
Due to the available findings, Staff determined the ultimate value of constructing Well 32 was not viable and thus resulted to discontinuing the well 32 project thereby reducing the original scope and contract amount by $1,131,162.41. The project was completed, including scope and specification change, on June 2, 2023. The final contract amount for this project including the reduction of work on the Change Order No. 1 is $2,815,017.59.
Moving forward staff will be conducting a Well Siting Study to identify appropriate locations for potential future wells sites, but full development would not occur until pilot holes and water quality testing are conducted as in the planned Well 32.
FISCAL IMPACTS
The total amount for the construction of the Drilling of Well 32 and 33 Project was $2,815,017.59. The project was funded in Water Utility Fund Main Line Replacement Capital Improvement Account #521-8100-8105-3890-0000-000. No additional fiscal impact is associated with filing the Notice of Completion.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A- Notice of Completion
16 Packet Pg. 823
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
Name: City of Colton
Street 650 N. La Cadena Drive
Address
City & Colton, California
State California
Zip 92324
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Notice of Completion
NOTICE IS HEREBY GIVEN THAT:
1. The City of Colton is the owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is Victor Ortiz, P.E
3. The full address of the undersigned is 650 N. La Cadena Drive, Colton, CA 92324
4. The nature of the title of the undersigned is City of Colton is the owner in fee, of a certain public improvement (E.G. owner in fee OR vender under contract of purchase OR lessee OR OTHER APPROPRIATE DESIGNATION).
5. The full names and full addresses of all persons, if any, who holds title with the undersigned as joint tenants or as tenants in common are:
Names Addresses
N/A N/A
6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to are (OR IF NO TRANSFER WAS MADE, INSERT THE WORD “none”):
Names Addresses
N/A N/A
7. A work of improvements on the property hereinafter described was completed on June 3, 2023
8. The name of the original contractor, if any, for the work of improvement was Layne Christensen Company. The kind of work done or material furnished was DRILLING OF WELL FOR POTABLE WATER.
9. The property on which the work of improvement was completed is in the City of Colton, County of San Bernardino, State of California, and is described as follows: Drilling of Well 32 and 33 Project.
The street address of the said property is in the vicinity of 1501 W. Belleview Street, San Bernardino (APN 142-222-45 to 48 ) and 1833 E Sugar Pine Ln, Colton CA 92324 (164-351-23)
Dated: 7/18/2023 ______________________________________(Signature) Victor Ortiz, P.E., City Engineer
VERIFICATION
I, the undersigned say:
I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at _______Colton_________, California, this _______18th______ day of _______July, 2023____________________. ____________________________________________________
(SIGNATURE)
16.a
Packet Pg. 824 Attachment: Exhibit A- Notice of Completion (3982 : Notice of Completion - Drilling of Wells 32 & 33) ITEM NO. 17
STAFF REPORT
DATE: JULY 18, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE NOTICE OF COMPLETION (NOC) FOR THE CITY
CORPORATE YARD ROOF REPLACEMENT PROJECT WITH ALL
SEASONS INSULATION.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Authorize the execution and recordation of a Notice of Completion (NOC) for the City Corporate Yard Roof Replacement Project with All Seasons Insulation.
BACKGROUND
All Seasons Insulation replaced the roof at the City of Colton automotive building, water department building, and public works building within the Department of Public Works and Utility Services. The project was completed on March 23, 2023 to the satisfaction of the Project Manager.
ISSUES/ANALYSIS
On May 17, 2022, the City awarded a Contract to All Seasons Insulation for the Corporate Yard Roofing Replacement Project in the amount of $133,644. Due to rotted plywood found at the City of Colton Corporate Yard roof replacement project, the project incurred increased costs in the amount of $4,320.00 within the contingency availability.
FISCAL IMPACTS
17 Packet Pg. 825
Staff Report to the Mayor and City Council
Notice of Completion - Corporate Yard Roof Replacement Project July 18, 2023
The total amount for replacing the roof by All Seasons Insulation at the City of Colton Corporate Yard was $137,964.00 including change order #1 within contingency available funds. Sufficient funds were available in Account No. 605-6150-6211-4950-000-000.
ALTERNATIVES
1. Provide direction to staff.
ATTACHMENT
1. Exhibit A - Notice of Completion
17 Packet Pg. 826
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
Name: City of Colton
Street 650 N. La Cadena Drive
Address
City & Colton, California
State California
Zip 92324
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Notice of Completion
NOTICE IS HEREBY GIVEN THAT:
1. The City of Colton is the owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is Victor Ortiz P.E., M.A
3. The full address of the undersigned is City of Colton, 160 S. 10th Street, Colton, CA 92324-2897
4. The nature of the title of the undersigned is City of Colton City Engineer (E.G. owner in fee OR vender under contract of purchase OR lessee OR OTHER APPROPRIATE DESIGNATION).
5. The full names and full addresses of all persons, if any, who holds title with the undersigned as joint tenants or as tenants in common are:
Names Addresses
N/A N/A
6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to are (OR IF NO TRANSFER WAS MADE, INSERT THE WORD “none”):
Names Addresses
N/A N/A
7. A work of improvements on the property hereinafter described was completed on March 23, 2023
8. The name of the original contractor, if any, for the work of improvement was Hardy and Harper, Inc.
The kind of work done or material furnished was Asphalt paving and improvement citywide.
9. The property on which the work of improvement was completed is in the City of Colton, County of San Bernardino, State of California, and is described as follows: FY 21-22 Asphalt Paving Project The street address of the said property is 1. Valley Blvd (Wildrose to Rexford St); Riverside Ave. (Key to Center St.); Bond, Key Trade Streets; 3rd St. (Valley to E St.); 3rd St. (L to north end.); Cahuilla (Mohave to East End); Tara Ridge Ct. (Canyon Vista to End); Fairview Ave (Colton Ave. to Olive Place); Teresa St (Laurel Ave. to Alida St.); Laurel Ave. (Teresa to Latham); 7th St. (La Cadena to O St.); C St. (BNSF U/P to east of Cemetery entrance); N St. (La Cadena to 9th); O St. (10th to 11th); Cooley Drive ( Valleywood to Ashley Way); Pennsylvania Ave. (C St. to F St.); Olive Ave (6th to Rancho Ave.; City Limit to Meridian Ave); Laurel Ave. (La Cadena to Mt. Vernon Ave.); La Cadena Dr. - South bound - Iowa to I-215 on ramp; La Cadena Drive -NB from Litton to Tropica Rancho.
Dated: ___________________________ _________________________________________________ Victor Ortiz, P.E., M.A Assistant PW Director/City Engineer
VERIFICATION
I, the undersigned say:
I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at ___________________, California, this _____________ day of ______________________________ ________________________________________________
(SIGNATURE)
17.a
Packet Pg. 827 Attachment: Exhibit A - Notice of Completion (4113 : Notice of Completion - Corporate Yard Roof Replacement Project) ITEM NO. 18
STAFF REPORT
DATE: JULY 18, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE A NOTICE OF COMPLETION FOR THE WASHINGTON BRIDGE WATER LINE RELOCATION PROJECT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Authorize the execution and recordation of a Notice of Completion for the Washington Bridge Water Line Relocation Project.
BACKGROUND
The California Department of Transportation (Caltrans), San Bernardino County Transportation Authority (SBCTA) and the City of Colton, combined are the lead agencies for the I215/Washington Street – Mount Vernon Avenue Interchange Project. The project replaces the existing I-215/Washington interchange bridge to meet State standards for horizontal and vertical clearance as well as accommodate projected future traffic volumes.
The City of Colton is responsible for relocating the water facilities within the limits of the Project that were in conflict with the proposed bridge construction. The I-215/Washington Bridge was built in 1950’s, and the City’s original 16-inch water main was installed during the widening of the bridge in 1989. Since Caltrans has “prior rights,” Colton Utilities must bear the financial burden of relocating any utilities in conflict, which includes all costs associated with relocation including engineering design and construction related expense.
ISSUES/ANALYSIS
18 Packet Pg. 828
Staff Report to the Mayor and City Council
Notice of Completion - Washington Bridge Waterline Relocation July 18, 2023
On August 18, 2020, the City Council awarded the construction contract to Weka Inc. for the Washington Bridge Water Line Relocation Project for $1,390,070. The Notice to Proceed for the Project was issued on November 4, 2020, and the Project was completed per plans and specification on June 2, 2023. The final contract amount for this project, including the previously approved Change Order No. 1, was $1,681,746.22.
FISCAL IMPACTS
The total amount for the construction of the Washington Bridge Water Line Relocation Project including all additional work is $1,681,746.22. The project was funded in Water Utility Fund Main Line Capital Improvement Account Number 521-8100-8106-3890-0000-000. There is no additional fiscal impact to file the Notice of Completion.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A- Notice of Completion
18 Packet Pg. 829
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
Name: City of Colton
Street 650 N. La Cadena Drive
Address
City & Colton, California
State California
Zip 92324
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Notice of Completion
NOTICE IS HEREBY GIVEN THAT:
1. The City of Colton is the owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is Victor Ortiz, P.E
3. The full address of the undersigned is 650 N. La Cadena Drive, Colton, CA 92324
4. The nature of the title of the undersigned is City of Colton is the owner in fee, of a certain public improvement (E.G. owner in fee OR vender under contract of purchase OR lessee OR OTHER APPROPRIATE DESIGNATION).
5. The full names and full addresses of all persons, if any, who holds title with the undersigned as joint tenants or as tenants in common are:
Names Addresses
N/A N/A
6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to are (OR IF NO TRANSFER WAS MADE, INSERT THE WORD “none”):
Names Addresses
N/A N/A
7. A work of improvements on the property hereinafter described was completed on June 3, 2023
8. The name of the original contractor, if any, for the work of improvement was WEKA, Inc. The kind of work done or material furnished was Relocation of waterline on the bridge.
9. The property on which the work of improvement was completed is in the City of Colton, County of San Bernardino, State of California, and is described as follows: Washington Water Line Relocation Project.
The street address of the said property is in the vicinity of Washington Bridge over the Freeway I-215 City of Colton CA 92324
Dated: 7/18/2023 ______________________________________(Signature) Victor Ortiz, P.E., City Engineer
VERIFICATION
I, the undersigned say:
I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at _______Colton_________, California, this _______4th______ day of _______May, 2022____________________. ____________________________________________________
(SIGNATURE)
18.a
Packet Pg. 830 Attachment: Exhibit A- Notice of Completion (4117 : Notice of Completion - Washington Bridge Waterline Relocation) ITEM NO. 19
STAFF REPORT
DATE: JULY 18, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, DEPUTY CITY CLERK
SUBJECT: APPROVE AND ADOPT A RESOLUTION AUTHORIZING THE
DESTRUCTION OF CERTAIN OBSOLETE RECORDS,
RESOLUTION NO. R-63-23.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve and adopt Resolution No. R-63-23, authorizing the destruction of certain obsolete records.
BACKGROUND
On March 17, 2009, the City Council adopted Resolution R-09-09, establishing the City’s new Records Retention and Destruction Policy. The policy provides the procedure for City staff to allow for destruction of any obsolete City records. These are records which have met or exceeded the legal retention period and are no longer needed by the City. The procedure requires the City Clerk’s Office to submit a resolution, along with copies of destruction request forms, to the City Council for approval.
ISSUES/ANALYSIS
In a continuing effort to purge files that are no longer needed and in accordance with the City’s policy and procedure for the retention and disposition of records and retention schedule, staff has put together lists of boxes containing obsolete records to be destroyed, in compliance with the retention policy. The City Clerk’s Office has reviewed the obsolete records described in the lists and has confirmed with the City Attorney that the records meet the requirements of the City’s policy for destruction. Staff has prepared the attached resolution for the City Council’s approval 19 Packet Pg. 831
Staff Report to the Mayor and City Council
Obsolete Records Destruction
July 18, 2023
to destroy the obsolete records described in Resolution No. R-63-23. Many of the obsolete documents staff is requesting to be destroyed are well past the end of their legal retention period.
FISCAL IMPACTS
Sufficient appropriations are available in the FY2023-24 adopted budget in General Fund City Clerk’s Office Professional Services Account No. 100-6010-6010-2350-0000-000 for shredding services.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Resolution No. R-63-23
19 Packet Pg. 832
19.a
Packet Pg. 833 Attachment: Resolution No. R-63-23 (4125 : Obsolete Records Destruction)
19.a
Packet Pg. 834 Attachment: Resolution No. R-63-23 (4125 : Obsolete Records Destruction)
19.a
Packet Pg. 835 Attachment: Resolution No. R-63-23 (4125 : Obsolete Records Destruction)
19.a
Packet Pg. 836 Attachment: Resolution No. R-63-23 (4125 : Obsolete Records Destruction)
19.a
Packet Pg. 837 Attachment: Resolution No. R-63-23 (4125 : Obsolete Records Destruction)
19.a
Packet Pg. 838 Attachment: Resolution No. R-63-23 (4125 : Obsolete Records Destruction)
19.a
Packet Pg. 839 Attachment: Resolution No. R-63-23 (4125 : Obsolete Records Destruction)
19.a
Packet Pg. 840 Attachment: Resolution No. R-63-23 (4125 : Obsolete Records Destruction)
19.a
Packet Pg. 841 Attachment: Resolution No. R-63-23 (4125 : Obsolete Records Destruction)
19.a
Packet Pg. 842 Attachment: Resolution No. R-63-23 (4125 : Obsolete Records Destruction)
19.a
Packet Pg. 843 Attachment: Resolution No. R-63-23 (4125 : Obsolete Records Destruction) ITEM NO. 20
STAFF REPORT
DATE: JULY 18, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE A CHANGE ORDER FOR HERC RENTALS FOR WATER & WASTEWATER RENTAL NEEDS.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve an aggregate total of $55,761 with HERC Rentals for Water and Wastewater rental needs for FY 2022/23.
BACKGROUND
The City’s Water and Wastewater Utilities, from time to time, are required to rent equipment on an as needed basis. During the months of March and April of 2023, staff at the Wastewater Treatment Plant were required to rent a dump truck due to mechanical failures of the existing truck. The dump truck was required to maintain the operations of the centrifuge system. Since the centrifuge cannot convey the sludge the use of a dump truck is required.
Also, during the month of March, Southern California Edison along with City of Colton Electrical Department issued a joint power outage in the Reche Canyon Area. Due to this power outage, the Water Utility was required to rent back up power generators to maintain power at the Reche Canyon, Prado and Crystal Ridge booster stations.
ISSUES/ANALYSIS
Colton Municipal Code 3.08.080(C) Fifty Thousand One Dollars to One Hundred Thousand Dollars. Purchases of Materials, supplies and equipment of more than twenty-five thousand dollars, but less than or equal to fifty thousand dollars shall, except as otherwise provided in this 20 Packet Pg. 844
Staff Report to the Mayor and City Council
Purchase Order Amendment - HERC Rentals
July 18, 2023
chapter, be awarded by the City Council pursuant to the Non-Public Project Informal Bidding Procedure. Currently Water Utility, Wastewater Utility and Building and Maintenance have open purchase orders that total an amount of $47,500. The total aggregate cost ($55,761) for HERC Rentals exceeded the $50,000 authority of the City Manager by $5,761.
FISCAL IMPACTS
Sufficient appropriations to authorize the increase are budgeted and available in the FY 2022/23 adopted budget in the following accounts:
Water Fund, Equipment Lease Account Number 521-8100-8101-2420 – 6,011.00 Wastewater Fund, Equipment Lease Account Number 522-8100-8101-2420 – 2,250.63
ALTERNATIVES
1. Provide Alternative Direction to Staff
20 Packet Pg. 845
ITEM NO. 21
STAFF REPORT
DATE: JULY 18, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE A CONTRACT AGREEMENT WITH LEGEND PUMP
AND WELLS, INC. FOR THE WELL 22 REHABILITATION
PROJECT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve an award of contract to Legend Pump and Wells, Inc. for the Well 22 Rehabilitation project in an amount $88,323.00.
BACKGROUND
Having an adequate supply of water is essential for the Health & Safety of our community. The City of Colton is the principal supplier of water service for domestic consumption, fire protection, and irrigation application for consumers within the City of Colton, currently serving a population of approximately 51,000 over a 17.5-square mile service area.
Currently the City operates and maintains a total of seven (7) water production wells. Of the 7 production wells, one Well, Well 22 was taken out of service due to a significant drop in production which is a sign of a potential failure.
In May 2023, the Water Utility Department entered into a contract with Legend Pump and Well, Inc. (Legend) to pull and inspect pumping equipment and well casing for Well 22 due to a severe drop or decrease in production of the well. As part of this contract, Legend performed a downhole video log and found the casing to be in good overall condition. Legend video logged Well 22 to a total depth of 857 feet. Results of the video log determined that the perforations/louvers throughout the casing were plugged with heavy scale build up. The Well 21 Packet Pg. 846
Staff Report to the Mayor and City Council
Contract Award - Legend Pump and Wells, Inc.
July 18, 2023
Casing, although in good condition, was found to have heavy scaling and build-up throughout as well. Plugged perforations/louvers and heavy scaling and build-up limits what the well can produce. Legend also found the equipment down hole to be in need of replacement due to significant wear and tear, pitting and rust, and damaged bearings.
A scope of work to rehabilitate Well 22 was developed by Legend and City staff to bring Well 22 back to an efficient and effective producing well.
ISSUES/ANALYSIS
On June 27, 2023, and in accordance with Colton Municipal Code Section 3.08.130 (A), allowing for the City Manager to constitute an emergency for a public project pursuant to section 22035 of the Act and Public Contract Code Section 22050. The City Council hereby delegated to the City Manager the power to declare a public emergency and take any directly related and immediate action required by the emergency, up to a total of one hundred thousand dollars, pursuant to section 22035 of the Act and California Public Contract Code Section 22050.
Under Colton Municipal Code Section 3.08.130(A), “For Projects of more than fifty thousand dollars, a report on the Emergency and work performed Shall be provided at the next regular meeting of the City Council, and then at every meeting thereafter required by Section 22050. At such meetings, the City Council Shall determine, by a four-fifths vote, that there is a need to continue the action without the benefit of informal or formal competitive bidding in accordance with Section 22035 of the Act and California Public Contract Code Section 22050. The City Council Shall terminate the Emergency action at the earliest possible date that conditions warrant, so that the remainder of the Emergency action May be completed pursuant to a Formal Bidding Procedure.”
With temperatures on the rise, and water demands increasing, staff requested an emergency procurement be issued to Legend for the rehabilitation of Well 22 by the City Manager. The City Manager granted staff’s request to proceed under Colton Municipal Code Section
3.08.130(A). Construction activities began on June 29, 2023.
FISCAL IMPACTS
Sufficient appropriations are available in the FY 2022-23 adopted budget in Water Utility Fund Professional Services Account Number 521-8100-8101-2350-0000-000.
ALTERNATIVES
1. Provide Alternative direction to staff.
ATTACHMENT
1. Legend Pump Maint Svcs Agreemt FY 22-23
21 Packet Pg. 847
Staff Report to the Mayor and City Council
Contract Award - Legend Pump and Wells, Inc.
July 18, 2023
2. Legend Pump- Downhole Equipment Report
3. Legend Pump Well Casing Report
21 Packet Pg. 848
(BB&K 2018)
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CITY OF COLTON
MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 29th 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 Legend Pump & Well Service, Inc., a Corporation with its principal place of business at 1324 W. Rialto Ave., San Bernardino, CA 92410 (“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 well and booster rehabilitation 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; Colton Utility Authority.
City desires to engage Contractor to render such services for the Water Division’s well 22 rehabilitation services project (“Project”) as set forth in this Agreement. Contractor understands that the City has entered into a Utility System Management Agreement, dated as of September 1, 2000, with the Colton Utility Authority (“CUA”) for the maintenance, management and operation of its Water Enterprise and Wastewater Enterprise (“CUA Management Agreement”). To the extent that this Agreement is deemed to be a "material contract" under the CUA Management Agreement, City enters into this Agreement on behalf of the CUA and subject to the terms of the CUA Management Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional well rehabilitation and test pump repair 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. 849 Attachment: Legend Pump Maint Svcs Agreemt FY 22-23 (4144 : Contract Award - Legend Pump and Wells, Inc.) (BB&K 2018)
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3.1.2 Term. The term of this Agreement shall be from July 29, 2023 to December 31, 2023, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
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 Brian Dickinson, 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 Dean Garcia, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
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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.
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, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless,
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pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.
Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an 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.
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
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Packet Pg. 852 Attachment: Legend Pump Maint Svcs Agreemt FY 22-23 (4144 : Contract Award - Legend Pump and Wells, Inc.) (BB&K 2018)
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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 Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.
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Packet Pg. 853 Attachment: Legend Pump Maint Svcs Agreemt FY 22-23 (4144 : Contract Award - Legend Pump and Wells, Inc.) (BB&K 2018)
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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. 854 Attachment: Legend Pump Maint Svcs Agreemt FY 22-23 (4144 : Contract Award - Legend Pump and Wells, Inc.) (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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documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.2.15 Work Sites.
3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.
3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.
3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.
3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this
21.a
Packet Pg. 858 Attachment: Legend Pump Maint Svcs Agreemt FY 22-23 (4144 : Contract Award - Legend Pump and Wells, Inc.) (BB&K 2018)
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Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Eighty-Eight Thousand Three Hundred Twenty-Three Dollars and Zero Cents ($88,323) without written approval of the City of Colton. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.
3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.5 Extra Work. At any time during the 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.
3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage 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
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Packet Pg. 859 Attachment: Legend Pump Maint Svcs Agreemt FY 22-23 (4144 : Contract Award - Legend Pump and Wells, Inc.) (BB&K 2018)
23152.06000\30608583.2
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available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor 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. 860 Attachment: Legend Pump Maint Svcs Agreemt FY 22-23 (4144 : Contract Award - Legend Pump and Wells, Inc.) (BB&K 2018)
23152.06000\30608583.2
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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:
Legend Pump & Well Service, Inc.
1324 W. Rialto Ave.
San Bernardino, CA 92410
Attn: Keith Collier
City:
City of Colton
650 North La Cadena Drive
Colton, CA 92324
Attn: Brian Dickinson, Public Works & Utilities Director Water 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 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
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Packet Pg. 861 Attachment: Legend Pump Maint Svcs Agreemt FY 22-23 (4144 : Contract Award - Legend Pump and Wells, Inc.) (BB&K 2018)
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authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this 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; Colton Utility Authority. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. To the extent that this Agreement is deemed to be a "material contract" under the CUA Management Agreement, Contractor has no right to terminate this Agreement, either with or without cause, based upon the existence or nonexistence of the CUA Management Agreement. Therefore, if the CUA Management Agreement expires or terminates for any reason, Contractor shall remain fully obligated to perform under this Agreement on behalf of the CUA or another third party contracted by the CUA for the maintenance, management and operation of the Water Enterprise and/or Wastewater Enterprise.
3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be 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
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Packet Pg. 862 Attachment: Legend Pump Maint Svcs Agreemt FY 22-23 (4144 : Contract Award - Legend Pump and Wells, Inc.) (BB&K 2018)
23152.06000\30608583.2
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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, 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]
21.a
Packet Pg. 863 Attachment: Legend Pump Maint Svcs Agreemt FY 22-23 (4144 : Contract Award - Legend Pump and Wells, Inc.) (BB&K 2018)
23152.06000\30608583.2
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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND LEGEND PUMP & WELL SERVICE, INC.
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the ___________________ day of _________________, 2023.
CITY OF COLTON LEGEND PUMP & WELL SERVICE, INC.
a CORPORATION
By: ____________________________ By: _________________________ William R. Smith Name:
City Manager Title:
Attest:
____ By: _________________________
Stephanie Vargas Name:
Deputy City Clerk Title:
Recommended for Approval:
_________________________
Executive Director
Colton Utility Authority
21.a
Packet Pg. 864 Attachment: Legend Pump Maint Svcs Agreemt FY 22-23 (4144 : Contract Award - Legend Pump and Wells, Inc.) (BB&K 2018
)
23152.06000\30608583.2
Exhibit A-1
EXHIBIT “A”
SCOPE OF SERVICES
Well 22 – Well Rehabilitation and Test Pump
21.a
Packet Pg. 865 Attachment: Legend Pump Maint Svcs Agreemt FY 22-23 (4144 : Contract Award - Legend Pump and Wells, Inc.) (BB&K 2018)
23152.06000\30608583.2
Exhibit B-1
EXHIBIT “B”
SCHEDULE OF SERVICES
Emergency Rehabilitation and Test Pump Services on Well 22 to shall begin immediately for the period July 29, 2023 through December 31, 2023.
21.a
Packet Pg. 866 Attachment: Legend Pump Maint Svcs Agreemt FY 22-23 (4144 : Contract Award - Legend Pump and Wells, Inc.) (BB&K 2018)
23152.06000\30608583.2
Exhibit C-1
EXHIBIT “C”
COMPENSATION
The Services for this Agreement shall be compensated at the rates set forth below. The total amount of compensation for this Agreement shall not exceed Eighty-Eight Thousand Three Hundred Twenty-Three Dollars and Zero Cents ($88,323).
Well Rehabilitation and Test Pump Labor Rates:
Item Description Rate per/
1. 2 Men, Rig and Service Truck $320 /hr.
2. 3 Men, Rig and Service Truck $437 /hr.
3. 4 Men, Rig and Service Truck $553 /hr.
4. Wire Brush Rental $650 / ea.
5. Air Compressor Rental (450 CFM and Smaller) $156 / hr.
6. Air Compressor Rental (451 CFM and Larger) $253 / hr.
7. 2 Men, & 24L Cable Tool & Combo Rig $320 / hr.
8. 2 Men, & 36L Cable Tool & Rig $365 /hr.
9. 1 Man & Rotary Crane – 12 Ton & Below $272 /hr.
10. 2 Man & Rotary Crane - 12 Ton & Below $357 /hr.
11. 1 man & Rotary Crane – 40 Ton & Below $389 / hr.
12. 1 man & Delivery truck $87 /hr.
13. 1 Man & Service truck $100 / hr.
14. 1 Man, Tractor Trailer $184 /hr.
15. 2 Man & Service truck $278 /hr.
16. 1 Man & Welding Truck $204 /hr.
17. Drilling Rig & All Supporting Equipment $623 / hr.
18. Electrician & Service Truck $191 / hr.
19. General Shop labor $95 / hr.
20. Machine Shop Labor $110 / hr.
21. 1 Man and 75 Ton Crane and Below $453 /hr.
21.a
Packet Pg. 867 Attachment: Legend Pump Maint Svcs Agreemt FY 22-23 (4144 : Contract Award - Legend Pump and Wells, Inc.) (BB&K 2018)
23152.06000\30608583.2
Exhibit C-2
22. Welding Shop Labor $110/ hr.
23. Overtime – Including Saturday $87 /hr.
24. Overtime – Sunday or Holiday $174/man/hr.
25. Additional Rig Helper $121 /hr.
26. 1 Man & Boom Truck $272 /hr.
27. Test Pump Operator & Fuel 350HP & below $242 / hr.
28. Test Pump Operator & Fuel 351HP & below $253/ hr.
29. Environmental Surcharges $15 /hr.
30. Aqua Feed Unit, Pump Rig, Service Truck & 2 Men $530 /hr.
31. Chemical Trailer, Tractor & 2 Men $240 /hr.
32. Chemical Trailer, Tractor, 2 Men, Rig & Service Truck $304 / hr.
33. 1 Man & Neutralization Trailer $240 /hr.
34. 1 Man & Backhoe with Trailer & Truck $270 /hr.
35. 2 Men, Bucket Rig & Service truck $430 /hr.
36. Video Log Well Casing $1049 /Well
37. Camera Operator (in excess of 5 hours portal to portal – add) $210 / Well
38. Re-video Well Casing $900 /ea.
39. Report with Photos No Charge
40. Duplicate Flash Drive No Charge
41. Lab Analysis of Water Quality and of Material Scrapings – Reports of Evaluation
$550 / ea.
42. Preparation of Repair Specification: List of Repairs and Materials Required to Bring Well to Standard
No Charge
43. Boreblast/Airblast Estimating 1,500 foot well $5678 / Well
44. Parts/ Material Cost 10 % Mark up
21.a
Packet Pg. 868 Attachment: Legend Pump Maint Svcs Agreemt FY 22-23 (4144 : Contract Award - Legend Pump and Wells, Inc.)
21.b
Packet Pg. 869 Attachment: Legend Pump- Downhole Equipment Report (4144 : Contract Award - Legend Pump and Wells, Inc.)
21.b
Packet Pg. 870 Attachment: Legend Pump- Downhole Equipment Report (4144 : Contract Award - Legend Pump and Wells, Inc.) 9723 Onyx St
Yucaipa, CA 92399
951.663.1323
www.groundwater-data.com
Wellbore Inspection Report
Client: City of Colton
Client Address:
Job: 23048
Invoice / PO:
Project Information
Date: 05-May-2023 10:10 AM
Weather: Cloudy
Operator: Jason
Reason for Survey: Specific Issue (Video Required)
Vehicle / Camera: Video van 1
Zero Point / Datum:
Static Water Level: 115.0 ft
Downview Offset:
Casing Buildup: Heavy
Inspection Notes: Video log start top of casing
Inspection Information
Well ID: Well #22
Well Diameter: 16.0 in
Well Type: Municipal
Well Owner: City of Colton
Perforations: Louvers
Perforation Interval: 158.5 ft to 845.2 ft
Asset Notes: Video log start top of casing
Casing ❶
Material: Steel
❷
Diameter: 16.0 in
Depth: 857.1 ft
Location
GPS Latitude: 34.0535797
GPS Longitude: -117.2951188
Location / Address: Near Rich Dauer Park, 951 Torrey Pines Dr S, Colton, Ca 92324
Asset Information
Inspection: 230505 Well #22 1010 Page 1 of 6
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Packet Pg. 871 Attachment: Legend Pump Well Casing Report (4144 : Contract Award - Legend Pump and Wells, Inc.) Schematic View
Well #22
Feet Span Severity Description Comment
0000.0 Sideview - Zero Datum Start top of casing
0000.5 Access Pipe
0115.0 Static Water Level Static water level
0158.5 Perforations - Louvers Start of perforations
0160.0 Downview Perforations appear restricted/plugged
0192.3 Sideview Mineral scale deposits
0230.4 Downview Peforations appear open/restricted
0238.2 Perforations - Louvers End first set of perforations 0268.1 Perforations - Louvers Start second set of perforations 0270.0 Downview Moderate scale build up, perforations appear restricted 0317.9 Perforations - Louvers End second set of perforations 0347.9 Perforations - Louvers Start third set of perforations, perfs appear plugged 0375.2 Perforations - Plugged Perforations appear plugged, large nodules 0377.4 Perforations - Louvers End third set of perforations 0447.7 Perforations - Louvers Start fourth set of perforations, appear plugged 0460.0 Perforations - Plugged
0546.6 Perforations - Louvers End fourth set of perforations 0586.9 Perforations - Louvers Start fifth set of perforations, heavy scale build up, perforations plugged
0595.1 Perforations - Plugged
0616.7 Perforations - Louvers End of fifth set of perforations 0641.7 Perforations - Louvers Start sixth set of perforations 0652.0 Perforations - Plugged Perforations appear plugged 0661.5 Perforations - Louvers End sixth set of perforations 0817.2 Perforations - Louvers Start seventh set of perforations, perfs appear restricted/plugged
0845.2 Perforations - Louvers End seventh set of perforations 0857.1 Bottom Fill Total well depth
Inspection: 230505 Well #22 1010 Page 2 of 6
21.c
Packet Pg. 872 Attachment: Legend Pump Well Casing Report (4144 : Contract Award - Legend Pump and Wells, Inc.) Snapshots
Sideview - Zero Datum | Start top of casing Access Pipe Static Water Level | Static water level Perforations - Louvers | Start of perforations Downview | Perforations appear restricted/plugged Sideview | Mineral scale deposits Downview | Peforations appear open/restricted Perforations - Louvers | End first set of perforations Inspection: 230505 Well #22 1010 Page 3 of 6
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Packet Pg. 873 Attachment: Legend Pump Well Casing Report (4144 : Contract Award - Legend Pump and Wells, Inc.) Snapshots (continued)
Perforations - Louvers | Start second set of perforations Downview | Moderate scale build up, perforations appear restricted
Perforations - Louvers | End second set of perforations Perforations - Louvers | Start third set of perforations, perfs appear plugged
Perforations - Plugged | Perforations appear plugged, large nodules
Perforations - Louvers | End third set of perforations
Perforations - Louvers | Start fourth set of perforations, appear plugged
Perforations - Plugged
Inspection: 230505 Well #22 1010 Page 4 of 6
21.c
Packet Pg. 874 Attachment: Legend Pump Well Casing Report (4144 : Contract Award - Legend Pump and Wells, Inc.) Snapshots (continued)
Perforations - Louvers | End fourth set of perforations Perforations - Louvers | Start fifth set of perforations, heavy scale build up, perforations plugged
Perforations - Plugged Perforations - Louvers | End of fifth set of perforations Perforations - Louvers | Start sixth set of perforations Perforations - Plugged | Perforations appear plugged Perforations - Louvers | End sixth set of perforations Perforations - Louvers | Start seventh set of perforations, perfs appear restricted/plugged
Inspection: 230505 Well #22 1010 Page 5 of 6
21.c
Packet Pg. 875 Attachment: Legend Pump Well Casing Report (4144 : Contract Award - Legend Pump and Wells, Inc.) Snapshots (continued)
Perforations - Louvers | End seventh set of perforations Bottom Fill | Total well depth Inspection: 230505 Well #22 1010 Page 6 of 6
21.c
Packet Pg. 876 Attachment: Legend Pump Well Casing Report (4144 : Contract Award - Legend Pump and Wells, Inc.) ITEM NO. 22
STAFF REPORT
DATE: JULY 18, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: SET THE PUBLIC HEARING DATE OF AUGUST 01, 2023 FOR THE
BASIC FEE FOR STORM WATER SERVICES AND STORM WATER
MANAGEMENT USER FEE.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Set a Public Hearing for August 01, 2023 to adopt a resolution approving the Basic Fee for Storm Water Services and the Storm Water Management User Fee as provided for in Chapter 14.01 of the Colton Municipal Code.
2. Authorize the City Manager to execute the Auditor-Controller/Treasurer/Tax Collector Agreement for Collection of Special Taxes, Fees, and Assessments Fiscal Year 2023- 2024.
BACKGROUND
As a result of a State requirement issued by the California Regional Water Quality Control Board, the County of San Bernardino drafted the National Pollutant Discharge Elimination System (NPDES) Implementation Agreement. This Agreement was entered into between all the Co-Permitees (cities) listed in the Permit issued by the State to the County of San Bernardino to oversee the National Pollutant Discharge Elimination System (NPDES). This Agreement was originally executed in October 1990 and subsequently, an updated version was approved on March 15, 2022. Through the San Bernardino County Flood Control District, an NPDES Storm Water Permit was issued with 16 incorporated cities (including Colton) as Co-Permitees. 22 Packet Pg. 877
Staff Report to the Mayor and City Council
Set Public Hearing - Stormwater User Fee
July 18, 2023
Implementation of this Permit requires the City to perform regular inspections and water quality monitoring. These services are funded as authorized by Chapter 14.01 of the City’s Municipal Code. Each property owner is assessed a Storm Water Management Fee based upon the land use and size of the property. The average residential Storm Water Management Fee for FY 23/24 is $24.13 (similar from last year). In order for the City to charge these fees, the County requires that the fees be submitted to the City Council for approval each year. The City Council must also hold a public hearing each year for all affected property owners.
ISSUES/ANALYSIS
There is no increase in either of the “Basic Fee for Storm Water Services” or “Storm Water Management User Fee.” The fees collected this year will fund the Storm Water Program for FY 23/24, which includes the City’s operational costs for permits, storm drain cleaning and repair, NPDES inspections and litter control. The proposed storm water fee for each individual parcels is attached as Exhibit A and the public hearing has been scheduled for August 01, 2023. Public hearing notice that will be published is attached as Exhibit B.
FISCAL IMPACTS
The FY2023-24 adopted revenues are estimated to be $647,354.00 and will be expended to fund the City’s NPDES Storm Water Program as mandated by Federal and State regulations. The City’s adopted FY2023-24 Storm Water Program appropriations are $1,176,611.00. Sufficient reserve balance in the Storm Water Fund is available to fund the deficit.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - FY2324 Colton Billing Agreement & Indivdual User Fee
2. Exhibit B -Storm Water Fee Public Hearing Notice
22 Packet Pg. 878
1 of 3
AGCY____
AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR
AGREEMENT FOR COLLECTION OF SPECIAL
TAXES, FEES, AND ASSESSMENTS
FISCAL YEAR 2023-2024
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 City of Colton 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, 4 TH 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 Auditor-Controller 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 agreement, or other action taken by City in establishing a special tax, fee, or assessment and
22.a
Packet Pg. 879 Attachment: Exhibit A - FY2324 Colton Billing Agreement & Indivdual User Fee (4126 : Set Public Hearing - Stormwater User Fee) 2 of 3
AGCY____
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 2023/2024 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.
22.a
Packet Pg. 880 Attachment: Exhibit A - FY2324 Colton Billing Agreement & Indivdual User Fee (4126 : Set Public Hearing - Stormwater User Fee) 3 of 3
AGCY____
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written.
City: City of Colton
By: _____________________
Printed Name: William R. Smith
Title: City Manager
Date: __________________
ENSEN MASON CPA, CFA,
AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR
SAN BERNARDINO COUNTY
By Authorized Deputy: _________________
Printed Name
Title:
Date: _______________________________
22.a
Packet Pg. 881 Attachment: Exhibit A - FY2324 Colton Billing Agreement & Indivdual User Fee (4126 : Set Public Hearing - Stormwater User Fee) FY 2022-23 Rate: $24.13 per Basic Benefit Unit (BBU)
FY 2023-24 Rate: $24.13 per Basic Benefit Unit (BBU)
Stormwater Management Use Fee Equals: (BBU Rate) x (No. of BBUs per Billed Parcel) Basic Benefit Unit (BBU) Calculation (a)
1) Single Family Residential Land Use (Stormwater Group C) a. Parcel Size of 0.1667 Acres or Less: 1.0 BBU Regardless of Specific Acreage: Runoff Factor is 0.40 b. Parcel Size Portion 0.167 to 2.50 Acres: Runoff Factor is 0.0067 BBU equals 1.0 + (Parcel Acreage - 0.167 Acres) x 0.10
c. Parcel Size Portion Greater Than 2.5 Acres: Runoff Factor is 0.0033 BBU equals 1.23 + (Parcel Acreage - 2.5 Acres) x 0.05
2) Other (All Other Land Use Codes and Stormwater Groups ) Number of BBUs equals Parcel Size in Acres x BBUs per Acre per Stormwater Group (as listed below) Runoff
Coefficient (b)
Basic Benefit
Units per Acre
Group A - Commercial/Industrial 0.80 12.00
Group B - Multi-family Dwellings, 0.60 9.00
Churches and Schools
Group C - Single Family Residential
Group D - Agriculture/Govern/Public 0.000 0.00
Group E - Golf Courses/Cemeteries 0.0067 0.10
Group F - Vacant/Undeveloped 0.0033 0.05
No parcel is charged for fees less than $1.
(a) The BBU calculation is based on the County Flood Control Division allocation method for County-wide communities. The BBU is based on a typical Single Family Residential parcel of 0.167 acres. (b) The land use runoff coefficients are based on NPDES program criteria by County Flood Control, on City property.
EXHIBIT A
STORMWATER FEES - FY 2023-24
Stormwater Group Description San Bernardino County Land Use Code Varies - See (1) Above
100, 101, 102, 103, 104, 105, 106, 107, 109,
110, 111, 112, 113, 114, 115, 116, 117,
118, 119, 140, 141, 142, 143, 150, 151, 152,
153, 161, 162, 163, 164, 170, 171, 172, 173,
174, 180, 210, 211, 212, 230, 231, 232, 233,
235 251, 252, 300, 301, 302, 303, 304, 305,
306, 307, 308, 309, 310, 311, 312, 313, 314,
315, 316, 320, 321, 322, 330, 331, 332, 333,
334, 340, 341, 342, 343, 344, 345, 346, 347,
350, 351, 352, 353, 354, 360, 361, 362, 363,
364, 365, 370, 371, 372, 373, 374, 375, 376,
377, 378, 379, 380, 381, 382, 383, 384, 385,
387, 388, 390, 391, 392, 393, 399, 435, 799,
812, 813, 814, 815, 816, 817, 819, 823, 824,
825, 826, 827, 829, 834, 835, 836, 837, 839,
845, 846, 847, 849, 856, 857, 859, 867, 869,
879, 888, 907, 950, 951, 953
001, 335, 336, 337, 389, 400, 470, 471, 472,
473, 474, 475, 476, 477, 478, 479, 480, 481,
482, 483, 520, 521, 522, 523, 524, 525, 526,
530, 531, 532, 600, 601, 602, 603, 604, 605,
610, 611, 612, 613, 620, 621, 622, 623, 630,
631, 640, 641, 642, 643, 650
510, 511, 512, 513, 514, 533, 534, 535, 599
002, 003, 160, 236, 253, 348, 420, 421, 430, 431,
432, 433, 434, 436, 701, 702, 710, 711, 712, 713,
714, 720, 721, 722, 730, 731, 732, 733, 734, 735,
736, 737, 750, 751, 752, 753, 760, 761, 762, 763,
764, 765, 766, 767, 768, 769, 770, 771, 772, 773,
774, 775, 776, 778, 900, 901, 902, 903, 904, 905,
906, 952, 908, 999
385, 386, 410, 411
000, 004, 041
22.a
Packet Pg. 882 Attachment: Exhibit A - FY2324 Colton Billing Agreement & Indivdual User Fee (4126 : Set Public Hearing - Stormwater User Fee) Land Use Code
SW
Group BBU/Acre Land Use Total Acres Total Parcels Total Fees (1)(2)(3) 0000 F 0.05 Vacant Land 2,338.86 360.00 $2,516.47
0001 B 9.00 MH Subdivision Lot 2.07 23.00 449.65
0002 D 0.00 Water Well Site 2.21 1.00 0.00
0003 D 0.00 Improvements Associated APN 44.92 35.00 0.00 0004 F 0.05 Unimproved Cemetery Land 39.01 11.00 45.89
0100 A 12.00 Storage Warehouse 71.51 68.00 20,098.99
0101 A 12.00 Distribution Warehouse 198.91 23.00 57,596.39 0102 A 12.00 Transit Warehouse 43.35 4.00 12,553.00
0103 A 12.00 Mini-Storage Warehouse 6.90 3.00 1,997.96
0104 A 12.00 Storage Building 10.07 8.00 2,915.87
0105 A 12.00 Lumber Storage 0.77 1.00 222.96
0106 A 12.00 Storage Yard 15.79 2.00 4,572.15
0107 A 12.00 Cold Storage Facility 50.75 4.00 14,695.18 0109 A 12.00 Industrial Flex 7.27 3.00 2,105.10
0110 A 12.00 Industrial Loft 42.87 18.00 12,413.44
0111 A 12.00 Industrial Condo 0.71 7.00 205.59
0112 A 12.00 Engineering/Research Lab 5.05 1.00 1,462.28 0113 A 12.00 Light Industrial 196.82 78.00 56,990.64
0114 A 12.00 Heavy Industrial 38.62 2.00 11,182.81
0115 A 12.00 Food Processing 36.82 6.00 10,660.15
0161 A 12.00 Electric Power Plant 12.24 2.00 0.00
0171 A 12.00 Water Distribution Systems 0.01 1.00 2.90
0210 A 12.00 General Office 51.66 58.00 12,514.80
0211 A 12.00 Bank, S&L 2.73 5.00 790.50
0230 A 12.00 Medical Office 16.08 14.00 3,611.38
0231 A 12.00 Dental Office 0.00 0.00 0.00
0235 A 12.00 Outpatient Surgical Center 2.17 1.00 628.35 0253 D 0.00 Mortuary 29.08 1.00 0.00
0300 A 12.00 Retail Store 46.93 83.00 13,553.46
0301 A 12.00 Retail Warehouse 9.28 3.00 2,687.11
0302 A 12.00 Discount Store 30.21 5.00 8,747.62
0303 A 12.00 Department Store 0.86 1.00 249.02
0304 A 12.00 Retail Strip 33.16 28.00 9,601.81
0305 A 12.00 Shopping Center 12.56 2.00 3,636.88
0308 A 12.00 Barber/Beauty Shop 0.14 1.00 40.54
0310 A 12.00 Dairy Sales 0.00 0.00 0.00
0312 A 12.00 Convenience Store 1.06 3.00 306.93
0313 A 12.00 Convenience Store w/Gas 10.97 13.00 3,175.90 0314 A 12.00 Market 2.79 10.00 807.88
0315 A 12.00 Supermarket 21.42 6.00 6,202.95
0320 A 12.00 Fast Food 18.52 35.00 5,363.49
0321 A 12.00 Restaurant 7.57 14.00 2,191.97
0322 A 12.00 Bar, Tavern 1.90 2.00 550.16
0330 A 12.00 Hotel 7.10 4.00 2,055.87
0331 A 12.00 Motel 4.89 5.00 1,415.94
0334 A 12.00 Convalescent Hospital 5.75 1.00 1,664.97
0337 B 9.00 Assisted Living Facility 1.26 1.00 274.29
0340 A 12.00 Car Lot 1.70 6.00 492.25
0341 A 12.00 Auto Showroom 3.09 2.00 894.74
0342 A 12.00 Auto Dealership (Sales, Svc) 25.51 7.00 7,386.68 0343 A 12.00 Service Station 1.01 3.00 292.46
0344 A 12.00 Service Garage 16.83 31.00 4,873.30
0345 A 12.00 Mini-lube Garage 1.28 2.00 370.64
0346 A 12.00 Car Wash, Coin-op 1.20 4.00 347.47
0347 A 12.00 Car Wash, Automatic 0.38 1.00 110.03
0348 D 0.00 Truck Wash 0.00 0.00 0.00
0350 A 12.00 Parking Lot 21.31 29.00 6,170.54
0351 A 12.00 Auto Storage Yard 3.30 4.00 955.54
0376 A 12.00 Handball/Racquetball 0.00 0.00 0.00
0386 E 0.10 Golf Course 52.00 1.00 125.48
0388 A 12.00 Clubhouse 3.01 5.00 871.58
0389 B 9.00 Fraternal/Veterans Organization 0.84 2.00 182.42 0391 A 12.00 Amusement/Theme Park 5.50 3.00 1,592.58
0393 A 12.00 Travel Center 4.40 1.00 1,274.06
CITY OF COLTON
FY 2023-2024 STORMWATER MANAGEMENT FEES
22.a
Packet Pg. 883 Attachment: Exhibit A - FY2324 Colton Billing Agreement & Indivdual User Fee (4126 : Set Public Hearing - Stormwater User Fee) Land Use Code
SW
Group BBU/Acre Land Use Total Acres Total Parcels Total Fees (1)(2)(3)
CITY OF COLTON
FY 2023-2024 STORMWATER MANAGEMENT FEES
0400 B 9.00 Religious Structure 39.95 38.00 8,675.96
0410 E 0.10 Cemetery 47.06 7.00 113.57
0470 B 9.00 Educational 8.11 7.00 1,761.24
0471 B 9.00 Pre-School/Day Care Center 0.18 1.00 39.09
0472 B 9.00 Elementary School 3.81 5.00 827.42
0474 D 0.00 College/County of San Bernardino 9.10 3.00 920.80 0510 C Varies Detached SFR 1,714.80 8,631.00 209,214.56 0511 C Varies Recreational Desert/Mtn Cabin 0.20 1.00 24.21 0514 C Varies Residence on Commerical 16.88 87.00 2,107.87 0520 B 9.00 MH on Fee Land, Not in MH Subdivision 0.17 1.00 36.92 0522 B 9.00 MH, In-Park (Leased Land) 3.93 131.00 0.00
0523 B 9.00 MH Accessories, In-Park (Leased Land) 0.00 0.00 0.00 0524 B 9.00 MH, Dealer Inventory 0.00 0.00 0.00
0525 B 9.00 MH (525) 0.18 2.00 39.10
0526 B 9.00 MH Permanent Foundation 22.86 238.00 4,965.60 0530 B 9.00 Condo 12.78 651.00 2,774.13
0531 B 9.00 PUD 13.94 329.00 3,027.76
0532 B 9.00 PUD, Deminimus 11.19 139.00 2,429.91
0599 C Varies Misc Residential Structure 39.97 10.00 225.64 0600 B 9.00 Two SFR 54.83 252.00 11,907.52
0601 B 9.00 Three SFR 3.63 9.00 788.75
0602 B 9.00 Four SFR 2.08 6.00 451.71
0603 B 9.00 Duplex 20.19 106.00 4,384.76
0604 B 9.00 Triplex (true or combination) 11.00 52.00 2,359.35 0605 B 9.00 Quad (true or combination) 22.23 86.00 4,827.64 0610 B 9.00 Multi-SFR, 5-14 Units 1.78 6.00 386.57
0611 B 9.00 Apartment, 5-14 Units 8.15 19.00 1,769.75
0621 B 9.00 Apartment, 15+ Units 125.51 24.00 26,861.76 0623 B 9.00 Senior Citizen APT, 15 Units AND UP 3.23 1.00 701.46 0631 B 9.00 Gov't Assisted Apt (HUD, 236, Etc.) 31.49 5.00 6,838.68 0640 B 9.00 Rectory/Convent 0.34 1.00 73.84
0650 B 9.00 Manufactured Home Park 82.01 5.00 17,810.11 0799 A 12.00 Miscellaneous Ag Building 35.54 2.00 10,290.96 0813 A 12.00 Industrial/Commercial 6.67 2.00 1,931.36
0835 A 12.00 Commercial/Single Family Residential 0.13 1.00 37.64 0836 A 12.00 Commercial/Multi Family 0.17 1.00 49.23
0903 D 0.00 Common Area, Greenbelt 4.78 19.00 0.00
0904 D 0.00 Miscellaneous 5.10 14.00 0.00
0905 D 0.00 Common Area, Street 2.01 10.00 0.00
0908 D 0.00 Common Area, C/I 0.17 2.00 0.00
0999 D 0.00 Check 2.76 7.00 0.00
TOTALS 5,993.90 11,969 $647,353.88
(3) Charge Roll on file with City Clerk.
(1) Slight variance due to rounding.
(2) The information provided is subject to change as a result of parcel changes and updates received from the County. The totals above include all parcels in the District (charged and not charge parcels)
22.a
Packet Pg. 884 Attachment: Exhibit A - FY2324 Colton Billing Agreement & Indivdual User Fee (4126 : Set Public Hearing - Stormwater User Fee)
CITY OF COLTON
DEPARTMENT OF PUBLIC WORKS & UTILITY SERVICES
NOTICE SETTING A PUBLIC HEARING TO APPROVE THE FISCAL YEAR 2023/2024 BASIC FEE FOR STORM WATER SERVICES AND STORM WATER
MANAGEMENT USER FEE
Notice is hereby given that the City of Colton Department of Public Works and Utility Services is setting the Public Hearing for:
Conduct a Public Hearing to approve the Fiscal Year 2023/2024 Basic Fee for Storm Water Services and the Storm Water Management User Fee, as provided for in Chapter 14.01 of the Colton Municipal Code.
The Colton City Council will conduct a Public Hearing on Tuesday, August 01, 2023 in the Council Chambers located at 650 N. La Cadena, Colton, California 92324, at 6:00 p.m., to consider a resolution to approve the fee. If you challenge any action related to this proposal in court, you may be limited to raising only those issues that you or someone else raised at the public hearing described in this notice, or in written correspondence delivered at, or prior to, the public hearing. The cost report documentation supporting the proposed rates is available for public review at the Colton City Clerk’s Office.
22.b
Packet Pg. 885 Attachment: Exhibit B -Storm Water Fee Public Hearing Notice (4126 : Set Public Hearing - Stormwater User Fee) ITEM NO. 23
STAFF REPORT
DATE: JULY 18, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, DEPUTY CITY CLERK
SUBJECT: WAIVE FULL READING, READ BY TITLE ONLY, APPROVE
SECOND READING OF 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, ORDINANCE NO. O-07-23.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
It is recommended that the City Council Waive Full Reading and Approve Second Reading of 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.
ATTACHMENT
1. ORDINANCE NO. O-07-23
23 Packet Pg. 886
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
ORDINANCE NO. O-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.
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
23.a
Packet Pg. 887 Attachment: ORDINANCE NO. O-07-23 (4130 : Second Reading of Ordinance No. O-07-23) 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
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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.
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
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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 THIS 20th DAY OF JUNE 2023. ___________________________________
FRANK J. NAVARRO
Mayor
ATTEST:
__________________________________
STEPHANIE VARGAS
Deputy City Clerk
APPROVED AS TO FORM:
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Best Best & Krieger LLP
City Attorney
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