Colton City Council
November 7, 2023

1 CITY OF COLTON
City Hall, Council Chambers
650 N. La Cadena Drive
Colton, CA 92324
Website: www.coltonca.gov

Mayor Frank J. Navarro
Council Members:

David J. Toro – District 1
Kelly J. Chastain – District 2
Dr. Luis S. Gonzalez – District 3
John R. Echevarria – District 4

City Treasurer Aurelio De La Torre

City Manager William R. Smith
City Attorney Carlos Campos
Deputy City Clerk Stephanie M. Vargas

AGENDA

CITY COUNCIL,

COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,

COLTON HOUSING AUTHORITY

REGULAR MEETING
TUESDAY, NOVEMBER 7, 2023 – 8:00 P.M.

CITY HALL, COUNCIL CHAMBERS
CLOSED SESSION - 5:00 p.m.

CLOSED SESSION CALLED TO ORDER

ROLL CALL
PUBLIC COMMENT - Closed Session
This is the portion of the meeting specifically set aside to invite your comments regarding Closed Session items and other general comments about matters not on the agenda; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meeting. The Council is prohibited by law from discussing or taking immediate action on items during this public comment period.

Persons desiring to submit paperwork to the City Council Members shall provide copy of any paperwork to the City Clerk for the Official Record.

Speakers will be limited to 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.

Please state your name and your City of Residence before providing your comment.

2 A. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
City of Colton vs. 3M Co. et al.

U.S. District Court, Dist. of South Carolina, Case No. 2:23-cv02253-RMG

CITY ATTORNEY ORAL REPORT ON CLOSED SESSION ACTIONS

RULES OF DECORUM

To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.

OPEN SESSION
6:00 P.M.

INVOCATION Pastor Dane Aaker - Centerpoint Church
FLAG SALUTE American Legion Post 155 Members Louie Barrera and Steve Ferrance

ROLL CALL

CEREMONIAL MATTERS
Presentations, Awards, Proclamations
• Recognition - Hometown Heroes Program: New Military Banner Installation • Recognition - Police Officer of the Year Daniel Muro

MAYOR AND COUNCIL ITEMS

GIFT DISCLOSURES
Prior to rendering a decision in any proceeding involving a license, permit, contract or other entitlement pending before the City Council, any Council Member who has received been promised a gift or gifts aggregating $50.00 or more in value within the preceding twelve months from a party or participant in the proceeding shall disclose that fact either orally or in writing during open session. This disclosure shall be made part of the official public record of the proceeding, either as part of the minutes of the meeting or as a separate writing filed with the city. (CMC Section 2.04.030) AB 1234 ORAL REPORTS
Members of the City Council shall provide brief reports on meetings attended at the expense of the city. (GC Section 53232.3(d))

3 APPOINTMENTS
• Appointment - Recreation and Parks Commission - Lisa Roo - D3

MAYOR AND COUNCIL DISCUSSION ITEMS

PUBLIC HEARINGS

To speak on public hearing items, it is requested that you obtain a card from the City Clerk and complete it by noting the agenda item number, as well as whether you are in favor, opposition or neither, and give it to the City Clerk. The applicant will be allowed 5 minutes to address the Council and all other persons will be allowed 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.

BUSINESS ITEMS
To speak on business items, it is requested that you obtain a card from the City Clerk and complete it by noting the agenda item number, as well as whether you are in favor, opposition or neither, and give it to the City Clerk. The applicant will be allowed 5 minutes to address the Council and all other persons will be allowed 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
(1) Resolution - Ballot Measure for 3/5/24 Election - Adopt Resolution to Place a Ballot Measure Before Voters at the 3/5/24 Election to Change the City Clerk Position from Elected to Appointed, RESOLUTION NO. R -95-

23. [Staff Person: Bill Smith]
PUBLIC COMMENT Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments regarding Closed Session items and other general comments about matters not on the agenda; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meeting. The Council is prohibited by law from discussing or taking immediate action on items during this public comment period.

Persons desiring to submit paperwork to the City Council Members shall provide copy of any paperwork to the City Clerk for the Official Record.

Speakers will be limited to 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.

Please state your name and your City of Residence before providing your comment.

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.

4 (2) Minutes - Approval of Minutes for the City Council Regular Meeting held on October 17, 2023, on file in the Office of the City Clerk.
[Staff Person: Stephanie Vargas]
(3) Warrants - Approve Replacement Check Number 208203 Dated 09/21/2023 for $1,633.00; Voucher Numbers 208205 to 208283 Dated 09/27/2023 and Totaling $76,701.55; Voucher Numbers 208204, 208284 to 208359 Dated 09/28/2023 and Totaling $606,458.07; Voucher Numbers 208360 to 208429 Dated 10/02/2023 and Totaling $207,821.48; Voucher Numbers 208430 to 208540 Dated 10/05/2023 and Totaling $1,041,116.24; Wires Dated 10/10/2023 and Totaling $4,517,205.16 and a Payroll Disbursement Listing Dated 09/02/2023 to 09/15/2023 and Totaling $1,105,998.85. [Staff Person: Stacey Dabbs]
(4) Contract Amendment - Colton Power LP - Approve First Amendment to Colton Power LP Agreement for Interconnection and Parallel Operation of Distributed Generation. [Staff Person: Charles Berry]
(5) Contract Amendment - ERSC - Approve First (1st) Amendment to Professional Services Agreement (PSA) for Engineering Services with Engineering Resources of Southern California (ERSC) for Fiscal Year 23/24. [Staff Person: Brian Dickinson]
(6) Contract Amendment - Lilburn Corp - Approve and Adopt a First Amendment to the Professional Services Agreement for Environmental Services on Behalf of the 20-lot Subdivision Project and Amendment to Reimbursement Agreement with Applicant.
[Staff Person: Mark Tomich]
(7) Contract Amendment - Ninyo & Moore - Approve Contract Amendment No. 2 with Ninyo & Moore to Complete Environmental Work at the Corporate Yard.
[Staff Person: Charles Berry]
(8) Contract Award - PD Tow Company Selection - Award a 3-year Contract to Armada Towing and Pepe’s Towing to Perform Police Department and City Tows (With an Additional Two One -Year Contract Extension Options).
[Staff Person: Tim Heusterberg]
(9) Contract Award - R Dependable Construction, Inc. - Approve the Award of Contract for the Public Works Building Restroom Remodel Project to R Dependable Construction, Inc. in the Amount of $147,000. [Staff Person: Brian Dickinson]
(10) Contract Award - TKE Engineering, Inc. - Award an Engineering Design Contract to TKE Engineering, Inc. for the Police Department Parking Lot Expansion Project.
[Staff Person: Brian Dickinson]
(11) Funding Agreement - HSIP Crosswalk Project - Approve Program Supplement Agreement No. 00000A297 for the HSIP Cycle 11 – Crosswalk Improvement Project, RESOLUTION NO. R-97-23 & R-98-23. [Staff Person: Brian Dickinson]
(12) Notice of Completion - I-10 Freeway Lighting Project - Approve Notice of Completion (NOC) for the I-10 Freeway 9th Street Underpass Lighting Project With PTM General Engineering Services, Inc. [Staff Person: Brian Dickinson]
(13) Notice of Completion - South La Cadena Drive Sidewalk Improvement Project - Approve Notice of Completion (NOC) for the South La Cadena Drive Sidewalk Improvement Project with D.M. Contracting, Inc. [Staff Person: Brian Dickinson]
(14) Traffic Improvements - Approve Traffic Safety Committee Recommendations. [Staff Person: Brian Dickinson]
(15) Second Reading of Ordinance O-11-23 - Waive Full Reading, Read by Title Only, And Approve Second Reading of An Ordinance of the City Council of the City Of Colton to Amend Chapters 18.49 (Adult Use

5 Regulations) of Title 18 (Zoning) of the Colton Municipal Code by Adding Section 18.49.170 of the Colton Municipal Code to Establish Amortization Periods for Nonconforming Adult Uses Citywide, ORDINANCE NO.

O-11-23.
[Staff Person: Stephanie Vargas]

MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor and Council on various issues and activities throughout the community. Comments shall be limited to 5 Minutes per speaker.

CITY MANAGER'S REPORTS

ADJOURNMENT

6 I, Stephanie M. Vargas , the Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted , at least seventy-two (72) hours prior to the meeting per Government Code 54954 (a) at the following locations:

City of Colton City Hall 650 N. La Cadena Drive
City of Colton Website, www.coltonca.gov <http://www.coltonca.gov>

PROCEDURES FOR ADDRESSING CITY COUNCIL

For the Official Record, it is requested that you obtain a card from the Deputy City Clerk and complete it by noting a specific item number on the Agenda, if applicable, or you can identify the subject that you wish to address under the Public Comment portion of the Agenda. The City Council encourages public input on all City issues within the Rules of Decorum. Speakers will be limited to the time periods provided on the Agenda; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.

RULES OF DECORUM

To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.

NOTICE TO PUBLIC

Staff reports or other written documentation relating to each item referred to, on the Agenda, are available for public inspection at the following locations: Office of the City Clerk, 650 N. La Cadena Drive, Colton, CA; City of Colton Public Library, 656 9 th St., Colton, CA; or the City of Colton Internet Website, www.coltonca.gov. Any person having questions concerning any item on the Agenda may call the City Clerk at 370 -5191 to make inquiry concerning the nature of the item described on the Agenda. The City Clerk shall direct inquiries to the appropriate office.

All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.

7 In compliance with the American with Disabilities Act, if you need special assistance to participate in a City Meeting, please contact the City Clerk’s Office at 909 -370-5001. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

LEGAL CHALLENGES

If you challenge in court any discussion or action taken concerning an item on this Agenda, you may be limited to raising only those issues you or someone else raised during the meeting or in written correspondence delivered to the City at or prior to the City's consideration of the item at the meeting.

MANUAL OF PROCEDURE

The City Council adopted its Manual of Procedure pursuant to Resolution No. R-41-18. Copies are available in the Office of the City Clerk.

ITEM NO. 1

STAFF REPORT

DATE: NOVEMBER 7, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BILL SMITH, CITY MANAGER
SUBJECT: ADOPT RESOLUTION TO PLACE A BALLOT MEASURE BEFORE VOTERS AT THE 3/5/24 ELECTION TO CHANGE THE CITY CLERK
POSITION FROM ELECTED TO APPOINTED, RESOLUTION NO. R-
95-23.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Adopt the attached Resolution to place a ballot measure before the voters at the March 5, 2024 Special Municipal Election to change the City Clerk position from elected to appointed.

BACKGROUND

State law requires each city to have a City Clerk and City Treasurer, either elected or appointed.

The offices of City Clerk and City Treasurer are currently elected positions in Colton.

Government Code Section 36508 provides that the City Council may submit ballot measures to the voters asking whether the office of City Clerk and/or City Treasurer shall be appointive. If approved by a majority of the voters voting on the measure, the City shall appoint a City Clerk and/or City Treasurer at the expiration of the terms of the incumbent officer (i.e., in December 2024) or when the position becomes vacant, whichever occurs first. Government Code Section 36510 allows the City Council the option to adopt an ordinance to vest appointment authority with the City Manager.

The City Clerk position currently remains vacant following the death of incumbent City Clerk Carolina Padilla. Aurelio W. De La Torre serves as City Treasurer. The current terms for City Clerk and City Treasurer expire in 2024.

1 Packet Pg. 8
Staff Report to the Mayor and City Council
Resolution - Ballot Measure for 3/5/24 Election
November 7, 2023

At its September 5, 2023, the City Council decided to table the issue of making any change to the City Treasurer’s Office at this time. However, the City Council directed Staff to bring back the appropriate documents to place a measure on the ballot to change the City Clerk to an appointed office.

ISSUES/ANALYSIS

Elections Code Section 9222 authorizes the City Council “. . . to submit to the voters, without a petition therefor, a proposition for the repeal, amendment, or enactment of any ordinance, to be voted upon at any succeeding regular or special city election. . . “

The law provides two dates next year upon which to place such a ballot measure – March 5, 2024 and November 5, 2024. If the Council chooses to place this measure on the ballot, Staff recommends that the Council select March 5, 2024. If the measure were placed on the November 5 ballot, it would coincide with the regular election for a new City Clerk term. The challenge with this approach is that the City will still have to treat the City Clerk’s Office as elected while the measure is pending, which means that the City would be holding a candidate election for this Office at the same time. This will result in an awkward two -question ballot – Have an appointed City Clerk and, if not, who will be the next elected City Clerk? This may result in voter confusion and candidate frustration because there is the potential that a candidate running for City Clerk in November, 2024 may end up winning nothing if the office becomes appointed. A March 5 election will resolve this issue well before November 5.

A Resolution is attached to this staff report which would place the measure on the March 5, 2024 election date. However, it can be edited as directed by the Council. The final date to place a measure on the March 5, 2024 Special Municipal Election/Presidential Primary Election is December 7, 2023. The deadline to place a measure on the November 5, 2024 General Municipal Election is August 9, 2024. Whichever option is chosen, the City Attorney’s office recommends adopting the Resolution placing the measure on the ballot approximately one month before the final deadline, allowing ample time for the notification to the Registrar of Voters and the submission of ballot arguments.

FISCAL IMPACTS

The cost to place a measure on the March 5, 2024 Special Municipal Election/Presidential Primary Election ballot is estimated at $80,000.

ALTERNATIVES

1. City Council may elect not to take action, leaving the City Clerk as an elected position.

ATTACHMENT

1. Resolution R-95-23
1 Packet Pg. 9

RESOLUTION NO. R-95-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON,

CALIFORNIA, SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF COLTON A MEASURE AMENDING SECTION 2.12.010 OF CHAPTER 2.12 AND ADDING CHAPTER 2.14 (CITY CLERK) TO TITLE 2 (ADMINISTRATION AND

PERSONNEL) OF THE COLTON MUNICIPAL CODE TO CHANGE THE

OFFICE OF CITY CLERK FROM AN ELECTED OFFICE TO AN APPOINTED

OFFICE, AT A SPECIAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON MARCH 5, 2024; AND SETTING RULES AND DEADLINES FOR THE SUBMITTAL OF

ARGUMENTS FOR AND AGAINST THE MEASURE

WHEREAS, pursuant to California Government Code section 36501(c), the office of the Colton City Clerk is currently an elected office; and

WHEREAS, due to the recent passing of Carolina Padilla, the office of elected City Clerk is vacant at the present time; and

WHEREAS, the office of City Clerk stands for election every four years, the last election for this office being November 2, 2020 and the current term for this office will expire in November, 2024; and

WHEREAS, California Government Code sections 36508 and 36510 provide that:

“At any municipal election, or a special election held for that purpose, the city council may submit to the electors the question whether the elective officers, or any of them except council members, shall be appointed by the city council; provided, however, that the city council shall not submit such question to the electors more often than once in an 11-month period.

. . . . .

If a majority of the votes cast on the proposition is for it, the city council shall appoint such officers at the expiration of the terms of the officers then in office, and on a vacancy in any such office. Such officers shall hold office during the pleasure of the city council and, notwithstanding [Government Code] Section 36502 to the contrary, are not required to be residents or electors in the city. The city council may by ordinance vest in the city manager its authority to appoint such officers.”

WHEREAS, California Elections Code section 9222 authorizes the City Council to submit local measures to the voters; and

WHEREAS, the City Council desires to submit to Colton voters a measure that would change the office of City Clerk from an elected office to an appointed office; and

WHEREAS, the question of an appointed City Clerk has not been submitted to Colton voters within the last 11 months; and

WHEREAS, the City Council desires to consolidate the Special Municipal Election for the ballot measure described herein with the Statewide Primary Election to be held on March 5, 2024; and

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Packet Pg. 10
Attachment: Resolution R-95-23 (4254 : Resolution - Ballot Measure for 3/5/24 Election) City of Colton
Resolution No. R-95-23

WHEREAS, the City Council further desires to set rules and deadlines for the submittal of written arguments and rebuttals for and against the measure; and

WHEREAS, the specific terms of the measure are provided for in the ordinance to be considered by the qualified voters, attached hereto as Exhibit “A” (the “Ordinance” or “Measure”) and by this reference made an operative part hereof, and in accordance with all applicable laws.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Recitals. The City Council of the City hereby finds and determines that the foregoing recitals are true and correct, are incorporated herein and by this reference made an operative part hereof.

SECTION 2. Submission of Ballot Ordinance/Measure. The City Council of the City, pursuant to its right and authority as contained in California Elections Code section 9222 and Government Code section 36508, hereby orders the Ordinance/Measure attached hereto as Exhibit “A” to be submitted to the qualified voters of the City at the Special Municipal Election to be held and consolidated with the Statewide Primary Election on Tuesday, March 5, 2024. The proposed Ordinance shall be in the form attached hereto as Exhibit “A” to this Resolution and is incorporated by this reference as if fully set forth herein.

SECTION 3. Ballot Question. The City Council, pursuant to its right and authority under California Government Code section 36509(b), does hereby order that the ballot question shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section

3. On the ballot to be submitt ed to the qualified voters at the election to be held at the Special Municipal Election to be consolidated with the Statewide Primary Election on Tuesday, March 5, 2024, in addition to any other matters required by law, there shall be printed substantially the following ballot question:

“Shall the office of Colton City Clerk be appointive?” YES NO

SECTION 4. Election Procedures/Request for Consolidation.

A. The City Council consents to the consolidation of the election on this Measure with all other elections being held in the same territory on March 5, 2024 , and to hold and conduct the consolidated election in the manner prescribed in Election Code Section 10418.

B. The ballots to be used at the election shall be in the form and content as required by law.

C. In accordance with Section 10 403 of the Elections Code, the Board of Supervisors of San Bernardino County is hereby requested to consent to consolidation of the election on this Measure with the Statewide Primary Election and all other elections being held in the same territory on March 5, 2024, and to having the Registrar of Voters render such election services to the City of Colton as may be requested by the City Clerk ’s Office of said City, the County of San Bernardino to be reimbursed in full for such services as are performed.

D. The election services which the City of Colton requests the Registrar of Voters, or such other official as may be appropriate, to perform and which such officer is hereby authorized and directed to perform, if said Board of Supervisors consents, include: the preparation, print ing

1.a
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Attachment: Resolution R-95-23 (4254 : Resolution - Ballot Measure for 3/5/24 Election) City of Colton
Resolution No. R-95-23

and mailing of sample ballots and voter information guides; the establishment or appointment of precincts, voting centers, and election officers, and making such publications as are required by law in connection therewith; the furnishing of ballots, vo ting booths and other necessary supplies or materials for voting centers; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk ’s Office of the City of Colton; and the performance of such other election services as may be requested by the City Clerk.

E. The City Clerk’s Office is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia , or cause such actions to be made, that may be necessary in order to properly and lawfully conduct the election.

F. That the precincts, ballot drop box locations and hours of operations, vote center locations and hours of operations, vote -by-mail procedures and timing, and election officers, and all other persons and procedures for the Special Municipal Election shall be the same as those utilized by the County of San Bernardino; and

G. In all particulars not recited in this Resolution, the election shall be held and con ducted as provided by law for holding municipal elections in the City.

H. Notice of the time and place of holding the election is given and the City Clerk ’s Office is authorized, instructed and directed to give further or additional notice of the election, i n time, form, and manner as required by law.

I. All ballots shall be tallied at a central counting place and not at the precincts. Said central counting place shall be at a County center as designated by the Registrar of Voters.

J. The San Bernardino County Registrar of Voters is hereby authorized to canvass the returns of said election.

K. The City Clerk ’s Office of the City of Colton shall receive the canvass as it pertains to the election on the measure, and shall certify the results to the City Council, as required by law.

SECTION 5. Arguments and Analysis.

A. The City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) any individual voter eligible to vote on the above measure, (iii) a bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument in favor of or against the City measure , in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and may change the argument until and including Monday, November 20 , 202 3 at 6:00 p.m. after which no arguments for or against the measure may be submitted to the City Clerk. Arguments in favor of or against the measure shall each not exceed 300 words in length. Each argument shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.

B. The City Clerk shall comply with all provisions of law establishing priori ty of arguments for printing and distribution to the voters, and shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters.

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Attachment: Resolution R-95-23 (4254 : Resolution - Ballot Measure for 3/5/24 Election) City of Colton
Resolution No. R-95-23

C. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk’s Office to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure. The City Attorney shall transmit such impartial analysis to the City Clerk’s Office, who shall cause the analysis to be published in the ballot pamphlet along with the ballot measure as provided by law. The Impartial Analysis shall be filed by the deadline set for filing of primary arguments as set forth in subsection (A) above. The impartial analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters of by the City Council. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10 -font bold type, the following: “The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the ordinance or measure, please call the election official’s offic e at (909) 370-5001 and a copy will be mailed at no cost to you.”

SECTION 6. Rebuttals.

A. That pursuant to Section 9285 of the Elections Code of the State of California, when the Clerk’s Office has selected the arguments for and against the various City initiated measures which will be printed and distributed to the voters, the Clerk’s Office shall send copies of the argument in favor of the measures to the authors of the argument against, and c opies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk’s Office not later than Friday, November 24, 2023 at 6:00 p.m.

Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

B. That all previous resolutions providing for the filing of rebuttal arguments for City measures are repealed.

C. That the provisions herein shall apply only to the election to be held on March 5, 2024, and shall then be repealed.

SECTION 7. Placement on the Ballot. The full text of the Ballot Ordinance shall be printed in the voter pamphlet, and a statement shall be printed in the ballot pursuant to Section 9223 of the Elections Code advising voters that they may obtain a copy of this ordinance, the Ballot Ordinanc e and/or ballot measure, at no cost, upon request made to the City Clerk’s Office.

SECTION 8. Delivery of Resolution to County . The City Clerk’s Office shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. The City Council directs the City Clerk’s Office to deliver copies of this Resolution, including the Ballot Ordinance attached hereto as Exhibit “A”, to the Clerk of the Board of Supervisors of San Bernardino County and to the Registrar of Voters of San Bernardino County not later than 88 days prior to the Special Municipal Election.

SECTION 9. CEQA. The City Council hereby finds and determines that the ballot measure relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, section 15378(b)(5).

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Attachment: Resolution R-95-23 (4254 : Resolution - Ballot Measure for 3/5/24 Election) City of Colton
Resolution No. R-95-23

SECTION 10. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or app lication, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

SECTION 11. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Colton, California, at a regular meeting held on this 3rd day of October, 2023.

___________________________________

FRANK NAVARRO, MAYOR

CERTIFICATION FOR RESOLUTION NO. R-95-23

I, Stephanie Vargas, Deputy City Clerk of the City Council of the City of Colton, California, do hereby certify that the whole number of the members of the City Council is five (5); that the above and foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Colton on the 3rd day of October, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED AS TO FORM:

__________________________________ _________________________________

STEPHANIE VARGAS CARLOS CAMPOS

DEPUTY CITY CLERK CITY ATTORNEY

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Attachment: Resolution R-95-23 (4254 : Resolution - Ballot Measure for 3/5/24 Election) City of Colton
Resolution No. R-95-23

EXHIBIT “A”

ORDINANCE NO. O-23-____

AN ORDINANCE OF THE PEOPLE OF THE CITY OF COLTON, CALIFORNIA, AMENDING SECTION 2.12.010 OF CHAPTER 2.12 AND ADDING CHAPTER

2.14 (CITY CLERK) TO TITLE 2 (ADMINISTRATION AND PERSONNEL) OF

THE COLTON MUNICIPAL CODE TO CHANGE THE OFFICE OF CITY
CLERK FROM AN ELECTED OFFICE TO AN APPOINTED OFFICE.

NOW THEREFORE, THE PEOPLE OF THE CITY OF COLTON DO ORDAIN AS FOLLOWS:

SECTION 1. Subject to the approval of a majority of the voters of the City of Colton at the scheduled election so designated by the City Council in a separate resolution placing th is proposal on the ballot for such election, Section 2.12.010 of Chapter 2.12 is amended and Chapter 2.14 is hereby added to Title 2 of the Colton Municipal Code and shall read as follows:

[NOTE: deletions are identified in strikeout text and additions are identified in bold italics]

"TITLE 2: ADMINISTRATION AND PERSONNEL.

CHAPTER 2.12 - COMPENSATION OF CITY OFFICIALS - BONDS

2.12.010 - City Clerk.

As consideration for those duties required by State Law to be performed by the City Clerk, tThe appointed City Clerk Shall be paid a salary as set by the City Council of three hundred seventy dollars 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, Shall assign to the appointed City Clerk, through the adoption of a job descript ion, any other supplemental those duties reasonably related to the elected appointed City Clerk position, and May Shall provide by Resolution for the administrative oversight of and compensation to be paid for 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 supp lemental compensation Shall not give the City Clerk tenure at the City or otherwise confer regular employment status upon the City Clerk.

. . . .

CHAPTER 2.14 – APPOINTED CITY CLERK

2.14.010 Appointed Position.

As of the November 5, 2024 General Municipal Election, or such earlier time should a vacancy occur in the office prior to said Election, the office of the City Clerk shall be cease to be elected and shall become an appointive office. Pursuant to California Government Code section 3 6510, such appointive officer shall hold office during the pleasure of the City Council and, notwithstanding Government Code section 36502 to the contrary, shall not be required to be a resident or elector in the City. The City Council may by subsequent ordinance vest in the City Manager its authority to appoint such officer.”

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Attachment: Resolution R-95-23 (4254 : Resolution - Ballot Measure for 3/5/24 Election) City of Colton
Resolution No. R-95-23

SECTION 2. If any portion of this Ordinance is declared invalid by a court of law or other legal body with applicable authority, the invalidity shall not affect or prohibit the force and effect of any other provision or application of the Ordinance that is not deemed invalid. The voters of the City hereby declare that they would have circulated for qualification and/or voted for the adoption of this section, and each portion thereof, regardless of the fact that any portion of the initiative may be subsequently deemed invalid.

SECTION 3. To the fullest extent allowed by law, the provisions of this Ordinance shall prevail over, and supersede, all other provisions of the Municipal Code and any ordinances, resolutions or administrative policies of the City of Colton which are in conflict with any provision of this Ordinance.

SECTION 4. This section shall not be repealed or amended except by a measure approved by a majority of the electors voting on the issue at a Special Municipal Election, or at a special election called for that purpose.

SECTION 5. This Ordinance shall take effect only if approved by a majority of the eligible voters of the City of Colton voting at a Special Municipal Election to be held on March 5, 2024, and shall take effect ten (10) days after the City Council has certified the results of the Special Municipal Election by resolution.

SECTION 6. The Mayor is hereby authorized to attest to the adoption of this Ordinance by the People voting thereon on March 5, 2024, by signing where indicated below.

I hereby certify that the foregoing Ordinance was passed, approved and adopted by the People of the City of Colton on the 5th day of March, 2024.

Dated: _______________________ ______________________________

FRANK NAVARRO, MAYOR

ATTEST: APPROVED AS TO FORM:

______________________________ ______________________________

STEPHANIE VARGAS CARLOS CAMPOS

DEPUTY CITY CLERK CITY ATTORNEY

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Attachment: Resolution R-95-23 (4254 : Resolution - Ballot Measure for 3/5/24 Election)

ITEM NO. 2

STAFF REPORT

DATE: NOVEMBER 7, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, DEPUTY CITY CLERK
SUBJECT: APPROVAL OF MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD ON OCTOBER 17, 2023, ON FILE IN THE OFFICE OF THE CITY CLERK.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approval of Minutes for the City Council Regular Meeting held on October 17, 2023.

BACKGROUND

Minutes for the City Council Regular Meeting held on October 17, 2023.

FISCAL IMPACTS

None.

ALTERNATIVES

ATTACHMENT

1. 2023-10-17 Draft Minutes
2 Packet Pg. 17
October 17, 2023 Regular City Council Meeting 1 -

CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

REGULAR MEETING MINUTES

October 17, 2023

Closed Session Meeting held on the above given date at 5:00 p.m., in the Council Chamber of City Hall, with Mayor Navarro presiding.

CITY COUNCIL ROLL CALL
Councilmembers present were Mayor Pro Tem Toro, González, Echevarria and Mayor Navarro ; Chast ain joined Closed Session at 5:10pm.

STAFF PRESENT
City Manager Smith, City Attorney Campos, and Deputy City Clerk Vargas

PUBLIC COMMENT
None

CLOSED SESSION
City Attorney Campos announced the City Council would meet in Closed Session to Discuss Item A.

A. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives:

Tom Cody, Human Resources Director
Employee Groups: Colton Police Officers Association (CPOA)

Mayor Navarro adjourned the meeting to Closed Session at 5:02 p.m. and at 6:01 p.m. the meeting reconvened, with all members present heretofore.

City Attorney Reports/Reportable Action

City Attorn ey Campos announced that the City Council met in Clos ed Session and discussed Item A and direction was given but there was no reportable action.

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Attachment: 2023-10-17 Draft Minutes (4263 : Draft Minutes 10-17-2023) October 17, 2023 Regular City Council Meeting 2 -
October 17, 2023

Regular Meeting held on the above -given date at 6 :00 p.m. in the Council Cham ber of City Hall, with Mayor Navarro presiding.

INVOCATION: Pastor Eric Strutz – The Door Church
FLAG SALUTE: Fire Marshall Ray Bruno

CITY COUNCIL ROLL CALL

Council Members Present Staff Present
Frank J. Navarro, Mayor William R. Smith, City Manager David J. Toro, MPT Carlos Campos, City Attorney
Kelly J. Chastain Stephanie M. Vargas, Deputy City Clerk Dr. Luis S. González
John R. Echevarria

Council Members Absent
None

CEREMONIAL MATTERS
Presentations, Awards, Proclamations

 San Bernardino Valley Water Agency Check Presentation

Board Member of the San Bernardino Valley Water Agency, Milford Harrison, recognized and applauded the City of Colton for its dedication to water conservation; and introduced Kelly Maloney, a representative of the agency, to share a brief history of the City’s involvement and progress in water conservation. The director of the agency presented a check for $173,000 to Mayor Navarro and encouraged the City to continue striving to conserve more. Jessica Sutorus, the Environmental Conservation Supervisor, took a moment to recognize Cecilia Griego, Senior Water Conservation Specialist, for her hard work and personal contribution to the City’s water conservation success.

 Recognition - Aliylah Guerrero
Council Member Echevarria presented a Certificate of Recognition to Aliylah Guerrero for her success in winning first place in the San Bernardino Valley College drawing contest . Aliylah Guerrero accepted the Certificate of Recognition. .Aliylah’s 3rd grade teacher Star Treft and her former Principal Joe Berry shared with Council how proud of Aliylah they are and encouraged her to continue pursuing her dreams.

 Recognition - California University of Science and Medicine CM Echevarria presented a Certificate of Recognition to the California University of Science and Medicine for their commitment to educating future medical professionals and for their service to the community; accepted by a representative of the CA University of Science and Medicine.

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Attachment: 2023-10-17 Draft Minutes (4263 : Draft Minutes 10-17-2023) October 17, 2023 Regular City Council Meeting 3 -

MAYOR AND COUNCIL ITEMS

POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF OCTOBER 17, 2023.

GIFT DISCLOSURES
Mayor Navarro asked the members present if there were any agenda items that were a conflict of interest pursuant to CMC Section 2.04.030. None disclosed.

AB 1234 ORAL REPORTS
Mayor Navarro asked the members present if there were any brief reports on meetings attended at the expense of the City. (GC Section 53232.3(d). None disclosed.

APPOINTMENTS
 Appointment - Utilities Commission - Eric Strutz – D1

MPT Toro submitted the name of Eric Strutz for appointment to the Utilities Commission. Consensus by Council Members present, no objections, so ratified.

MAYOR AND COUNCIL DISCUSSION ITEMS
None

PUBLIC HEARINGS

(1) Adult Use Regulations Code Amendment - TIME AND PLACE FIXED TO CONSIDER A PUBLIC

HEARING TO INTRODUCE BY TITLE ONLY AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON TO AMEND CHAPTERS 18.49 (ADULT USE REGULATIONS) OF TITLE 18 (ZONING) OF THE COLTON MUNICIPAL CODE BY ADDING SECTION 18.49.170 OF

THE COLTON MUNICIPAL CODE TO ESTABLISH AMORTIZATION PERIODS FOR NONCONFORMING ADULT USES CITYWIDE, ORDINANCE NO. O-11-23.

The Mayor opened the Public Hearing.

The Deputy City Clerk Vargas submitted the Notice of Public Hearing (on file in the City Clerk’s Office) and there were no reports of protests or objections thereto.

Staff Presentation
Mark Tomich, Director of Development Services , presented for Council an overview of the agenda item and requested approval of staff’s recommendation.

Public Comment
None

Motion and Second by CM González/ MPT Toro to close the public hearing.

Vote: Unanimous, Motion Passes.

Council Discussion
None

Motion and Second by MPT Toro/ CM González to waive full reading and Introduce by title only O-11-23.

Vote: Unanimous, Motion Passes

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Attachment: 2023-10-17 Draft Minutes (4263 : Draft Minutes 10-17-2023) October 17, 2023 Regular City Council Meeting 4 -

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PUBLIC COMMENT
The following community members addressed the Council: John Longfield, Margaret Hemminger, and Pastor Paula.

***************************************************************************

CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 2-10.

Motion and Second by CM González/ CM Chastain to approve consent calendar items 2-10.

Vote: Unanimous, Motion Passes.

(2) Minutes - Approval of Minutes for the City Council Regular Meeting held on October 3, 2023, on file in the Office of the City Clerk.

(3) Warrants - Approve U.S. Bank voucher dated 09/01/2023 and totaling $52,342.79; voucher numbers 208009 to 208101 dated 09/14/2023 and totaling $322,794.89; wires dated 09/17/2023 and totaling $9,310,631.32; voucher numbers 208102 to 208202 dated 09/21/2023 and totaling $1,556,562.83 and a payroll disbursement listing dated 08/19/2023 to 09/01/2023 and totaling $1,092,849.42.

(4) City Treasurer's Report - Receive and File City Treasurer's Report for July 2023.

(5) Budget Adjustment - West Colton Bike Lane Project - Approve and Adopt Resolution Amending Fiscal Year 2023/2024 Capital Improvement Program Budget Allocating Funding for the Active Transportation Program (ATP) - West Colton Class I Bicycle Route Project, RESOLUTION NO. R- 89-23.

(6) Contract Amendment - Willdan Engineering - Approve Contract Amendment with Willdan Engineering for Building and Safety Support Services and Corresponding Budget Amendment.

(7) Contract Award - Blue Locker Diving, LLC. - Approve Maintenance Services Agreement with Blue Locker Diving, L.L.C., to Provide Underwater Reservoir Inspections and Cleaning Services in an Amount Not-to-Exceed $68,500.00.

(8) Change Order - Matich Corporation - Approve Change Order No. 1 for Matich Corporation for the FY 22/23 Asphalt Paving Project in the Amount of $283,534.13, RESOLUTION NO. R-90-23.

(9) Grant - Office of Traffic Safety - Approve and Adopt Resolution to Accept a Grant in the amount of $185,000 from the Office of Traffic Safety (OTS) with it's Accompanying MOU and Amend the Fiscal Year 2023-2024 Budget, RESOLUTION NO. R-91-23.

(10) Training Expenses for Water and Wastewater Utility Staff - Approve Training Expenses for Water and Wastewater Utility Staff, RESOLUTION NO. R-96-23.

MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS

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Attachment: 2023-10-17 Draft Minutes (4263 : Draft Minutes 10-17-2023) October 17, 2023 Regular City Council Meeting 5 -
Comments from Mayor, Council and City Treasurer on various issues and activities throughout the community.

CITY MANAGER'S REPORTS
None

ADJOURNMENT

At 6:50 p.m. Mayor Navarro adjourned the Regular Council Meeting in Memorium for Utilities Commissioner Rosanne Reyes, who past away on August 20, 2023, and for Officer Chad Sawnson from the Manhattan Beach Police Department, who passed away on October 4, 2023. A moment of silence was observed by the Mayor and City Council.

__________________________
Stephanie M. Vargas
Deputy City Clerk

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Attachment: 2023-10-17 Draft Minutes (4263 : Draft Minutes 10-17-2023)

ITEM NO. 3

STAFF REPORT

DATE: NOVEMBER 7, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE REPLACEMENT CHECK NUMBER 208203 DATED
09/21/2023 FOR $1,633.00; VOUCHER NUMBERS 208205 TO 208283 DATED 09/27/2023 AND TOTALING $76,701.55; VOUCHER
NUMBERS 208204, 208284 TO 208359 DATED 09/28/2023 AND
TOTALING $606,458.07; VOUCHER NUMBERS 208360 TO 208429
DATED 10/02/2023 AND TOTALING $207,821.48; VOUCHER
NUMBERS 208430 TO 208540 DATED 10/05/2023 AND TOTALING
$1,041,116.24; WIRES DATED 10/10/2023 AND TOTALING
$4,517,205.16 AND A PAYROLL DISBURSEMENT LISTING DATED
09/02/2023 TO 09/15/2023 AND TOTALING $1,105,998.85.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve replacement check number 208203 dated 09/21/2023 for $1,633.00; voucher numbers 208205 to 208283 dated 09/27/2023 and totaling $76,701.55; voucher numbers 208204, 208284 to 208359 dated 09/28/2023 and totaling $606,458.07; voucher numbers 208360 to 208429 dated 10/02/2023 and totaling $207,821.48; voucher numbers 208430 to 208540 dated 10/05/2023 and totaling $1,041,116.24; wires dated 10/10/2023 and totaling $4,517,205.16 and a payroll disbursement listing dated 09/02/2023 to 09/15/2023 and totaling $1,105,998.85.

BACKGROUND

The California Government Code requires that the legislative body ratify all vouchers issued in the course of conducting City business.

ISSUES/ANALYSIS

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Staff Report to the Mayor and City Council
Warrants - Accounts Payable
November 7, 2023

All vouchers and related backup documentation have been reviewed by the City Treasurer.

FISCAL IMPACTS

None.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Fund Number and Title Legend

2. Voucher lists

3. Payroll Registers
3 Packet Pg. 24
City of Colton
Fund Number and Title Legend
Fund Title Fund Title
100 GENERAL FUND 701 LLMD #2
150 TREASURERS ACCOUNT GROUP 702 LLMD #1
206 COMMUN ITY CHILD CARE 703 CFO 87-1 DEBT SERV ICE
209 DSF FLY CONSERVATION 704 CFO 87-1 CONSTRUCT ION
210 SPECIAL GAS TAX 707 CFO 88-1 DEBT SERV ICE
211 LIBRARY GRANT FUND 708 CFO 88-1 CONSTRUCTION
212 STATE TRAFFIC RELIEF FUND 709 DSF FLY CONSERVATION
213 S.Y.E.T .P. GRANT 722 STORM WATER
214 POLLUT ION REDUCT ION FUND 733 CFO 89-1 CONSTRUCT ION 215 COMMUNITY DEV ACT FUND 734 CFO 89-2 CONSTRUCT ION
216 CDBG HOUS ING REHAB FUND 744 CFO 89-1 DEBT SERV ICE 217 DRUG/GANG INTERVENTION 745 CFO 89-2 DEBT SERV ICE
218 MEASURE I FUND 750 AQUA MANSA CFO
219 STATE AID- CAPITAL PROJECTS 754 SB COUNTY HOSPITAL
220 Vi Tep 762 TRUST AND AGENCY
225 MISC GRANTS 766 DEFERRED COMPENSAT ION
240 HOST CITY FEES - CIP 781 CFO 90-1 DEBT SERVICE
247 Quimby In Lieu Fees 782 CFO 90-1 CONSTRUCT ION
248 PARK DEVELOPMENT FUND 850 Redeve lopment Obligation Retirement Fund 249 TRAFF IC IMPACT FUND 851 Successor Agency Administration 250 NEW FAC ILITIES DEVELOPMENT FEE 855 Hous ing Auth - RM PARK DEVELOPMENT 251 CIVIC CENTER DEVELOPMENT FEE 856 Housing Auth - RANCHO MED BOND PROCEEDS 252 FIRE FAC ILITY DEVELOPMENT FEE 857 LMI Asset Fund
253 POLICE FACILITY DEVELOPMENT FEE 864 Housing Auth - LOW/MOD BOND PROCEEDS 261 ASSET FORFEITURE 865 Housing Auth - RANCHO MED CHFA 326 AD 94-1 DEBT SERVICE 866 ECONOM IC DEVELOPMENT
332 1971 SEWER BONDS, A & C 867 Consolidation Proj_08 -09 350 PFA Debt Fund 870 Housing Auth - RM PARK OPERAT IONS 357 POB-Non Enterprise 871 Successor Agcy-RANCHO/M ILL PROJECT AREA 358 PENS ION OBLIGATION DEBT SERV ICE 872 Succe ssor Agcy-RANCHO/MILL DEBT SERV ICE 359 CORP YARD DEBT SERV ICE 873 Successor Agcy-RDA II PROJECT FUND 363 1978-2 ASSESSMENT DIST . 874 Housing Auth - LOW/MOD DEBT SERV ICE 364 WATER IMPRVMNT DIST A 875 Housing Auth - LOW/MOD BOND PROCEEDS 379 AD 1979-1 DEBT SERV ICE 876 Successor Agcy-SANTA ANA RIV BND PROCEED 427 AD 94-1 CONSTRUCT ION 877 Successor Agcy-SANTA ANA RIVER CIP 450 Capita l Improvement Project s 878 RDA FIXED ASSETS GROUP 451 Colton Crossing Fund 879 Successor Agcy-WEST VALLEY CIP 453 STREET IMPROVEMENTS PRGM 881 Successor Agcy-MT VERNON BOND PROCEEDS 457 CAP ITAL IMPROVEMENT 882 Successo r Agcy-MT VERNON CIP 469 EQU IPMENT REPLACEMENT 885 Successor Agcy -MT VERNON DEBT SERV ICE 520 ELECTR IC UTILITY 886 RDA ADM INISTRAT ION
521 WATER UTILITY 887 COOLEY RANCH - now 894
522 WAS TEWATER UTILITY 888 MT VERNON - now 882
523 SOLID WASTE 889 WEST VALLEY - now 879
524 CEMETERY 890 Successor Agcy-RDA - LONG TERM DEBT GRP 525 RECYCLING 891 Successo r Agcy-RDA I DEBT SERV ICE FUND 526 PUBLIC BENEFIT FUND 892 Successor Agcy-RDA I - CAP ITAL PROJECTS 527 WASTEWATER UTILITY - GRAND TERRACE 893 Successor Agcy -RDA II DEBT SERV ICE FUND 551 WATER DEVELOPMENT 894 Successor Agcy -COOLEY RANCH PRO JECT 552 SEWER DEVELOPMENT 895 Successor Agcy-COOLEY RANCH DEBT SERV 560 CEMETARY ENDOWMENT CARE 896 SANTA ANA RIVER - now 877 605 Facility & Equipment Maintenance Fund 897 Successor Agcy-SANTA ANA RIVER DEBT SVC 606 INFORMATION SERV ICES FUND 898 Housing Auth - LOW/MOD CAPITAL PROJECTS 607 INSURANCE FUND 899 Successor Agcy-WEST VALLEY PRJ - DBT SV 608 AUTOMOT IVE SHOP 941 GENERAL LONG -TERM DEBT
610 AUTOMOT IVE SHOPS 958 GENERAL FIXED ASSETS
990 GASB 34

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ITEM NO. 4

STAFF REPORT

DATE: NOVEMBER 7, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHARLES BERRY, DIRECTOR OF UTILITIES
SUBJECT: APPROVE FIRST AMENDMENT TO COLTON POWER LP

AGREEMENT FOR INTERCONNECTION AND PARALLEL
OPERATION OF DISTRIBUTED GENERATION.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the First Amendment to Colton Power LP Agreement for Interconnection and Parallel Operation of Distributed Generation.

BACKGROUND

On September 4, 2001, City of Colton Electric Utility (CEU) entered into an agreement with Colton Power LP for the interconnection and parallel operation of its distributed generation facilities (“Interconnection Agreement”). The Interconnection Agreement allows Colton Power to interconnect at the Drews Substation and Century Substation, respectively, and operated in parallel with City’s electric grid.

The Drews Substation and Century Substation are located on City -owned property and are subject to certain lease agreements between CEU and Colton Power that were originally executed on December 20, 2000. The lease agreements were amended on April 4, 2001 (First Amendment), and more recently on June 28, 2023 (Second Amendment). The Second Amendment to each lease agreement extended the renewal term of the leases to December 31, 2035 in exchange for (1) one -time lease increase of 45%, retroactive to January 1, 2023, (2) an additional 5% annual rent escalator, (3) a one -time $1,000,000 payment for each site (for a total of $2,000,000), (4) an increase in commercial general liability insurance coverage to $5,000,000, and (5) the City’s option to procure resource adequacy capacity up to 5MW at a 25% discounted market price should it become available by Colton Power. The Second Amendment to each 4 Packet Pg. 102
Staff Report to the Mayor and City Council
Contract Amendment - Colton Power LP
November 7, 2023

lease agreement also required CEU and Colton Power to extend the term of the Interconnection Agreement to emulate the revised renewal terms of the lease agreements.

ISSUES/ANALYSIS

The amendment to the Interconnection Agreement would modify the initial term of the agreement to December 31, 2025, and extend the renewal term of the agreement to December 31, 2035. The amendment would also increase the commercial general liability insurance coverage to $5,000,000. The amendment to the Interconnection Agreement also clarifies that in the event the lease agreements terminate prior to the expiration of the overall term on December 31, 2035, the Interconnection Agreement would also terminate.

FISCAL IMPACTS

There is no fiscal impact associated with the interconnection agreement amendment.

ALTERNATIVES

There are no other alternatives. The City is required to extend the term of the interconnection agreement per the requirement of the Second Amendments to the lease agreements.

ATTACHMENT

1. First Amendment to Colton Power Interconnection Agreement from MRP 09-22- 2023_Partially Executed

2. COLT City of Colton Interconnect Agreement 2001.09.04 (1)-c1 4 Packet Pg. 103
23152.08000\41499205.4

FIRST AMENDMENT TO AGREEMENT FOR INTERCONNECTION AND PARALLEL

OPERATION OF DISTRIBUTED GENERATION

This FIRST AMENDMENT TO AGREEMENT FOR INTERCONNECTION AND PARALLEL OPERATION OF DISTRIBUTED GENERATION (“Amendment”) is entered into on September 7 , 20 23 (“Effective Date ”) by and between the CITY OF COLTON , a California municipal corporation (“ City”), and COLTON POWER, LP, a Del aware limited partnership (“Colton Power”). The City and Colton Power are sometimes individually referred to herein as a “Party” or collectively as the “Parties.”

RECITALS
WHEREAS, on September 4, 2001, the City and Colton Power entered into that certain agreement entitled Agreement For Interconnection and Parallel Operation of Distributed Generation (“Agreement”) providing for the interconnection of Colton Power’s Facilities with th e City’s Utility System;
WHEREAS, the Agreement has a term of fifteen (15) years, and Colton Power has exercised its right to extend the term for two (2) additional renewal terms of five (5) year periods, with an Agreement expiration date of September 5, 2026;
WHEREAS, the Parties have executed the Drews Lease Agreement and Century Lease Agreement, and subsequent amendments to the lease agreements (collectively, the “ Lease Agreements”) whereby the City has leased to Colton Power certain real property located at the City’s Drews Substation and Century Substation to allow Colton Power ’s Facilities to be installed, maintained and operated;
WHEREAS, on Ju ne 28 , 2023, the Parties executed second amendments to the Lease Agreements agreeing to modify the terms of the agreements, among other things , to expire on December 31, 2025 and allow Colton Power to extend the Lease Agreements for an additional ten (10) year renewal term expiring on December 31, 2035; and WHEREAS, the Parties desire to modify the term of the Agreement to coincide with the revised terms of the Lease Agreements and increase the Agreement’s insurance requirements.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, accepted, and agreed to, the Parties, intending to be legally bound, agree to the terms set forth below.

1. Term. Section 3.8 is hereby amended by replacing “ for (15) years” with “until and including December 31, 2025”, and replacing the second paragraph with the following:
“Provided that Colton Power is not in default under any of the terms of this Agreement, Colton Power may request renewal of this Agreement on the terms and conditions herein contained for one (1) additional ten (10) year term (“Renewal Term”) upon written notice to City of Colton Power’s intent to do so at least one hundred eighty (180) days prior to the expiration

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Attachment: First Amendment to Colton Power Interconnection Agreement from MRP 09-22-2023_Partially Executed (4252 : Contract 23152.08000\41499205.4

of the Term or any Renewal Term. Provided that Colton Power is not in default under any of the terms of this Agreement, City will grant the request for renewal within ninety (90) days of receipt of Colton Power’s written notice requesting renewal. If granted, the terms and conditions of the Renewal Term shall be the same terms and conditions of this Agreement, and the expiration of the Renewal Term shall align with the renewal terms in the Lease Agreements and be December 31, 2035. The Agreement shall continue in full force and effect until the Renewal Term expiration date or a Party exercises its termination rights under this Section 3.8, or unless the Lease Agreements are terminated.”

2. Insurance. Section 3. 5.2.1 is hereby amended to increase the minimum limit of insurance for commercial general liability to Five Million Dollars ($5,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage.

3. Complete Agreement . This Amendment may not be modified, altered, or supplemented except by an agreement signed by the Parties hereto. This Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns.

4. Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement.

5. Capitalized Terms. Any capitalized terms not defined herein shall have the meanings set forth in the Agreement.

6. Full Force. Except as expressly set forth herein, the Agreement shall remain unmodified and in full force and effect.

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Attachment: First Amendment to Colton Power Interconnection Agreement from MRP 09-22-2023_Partially Executed (4252 : Contract 23152.08000\41499205.4
NOW, THEREFORE , the P arties have executed this Second Amendment through their authorized representatives as of the date first written above.

LESSOR:

CITY OF COLTON,
a California municipal corporation
By: ________________________
Name: Charles J. Berry___________
Title: Colton Electric Utility Director
LESSEE:

COLTON POWER, L.P.,
a Delaware limited partnership
By: ________________________
Name: Mark Kubow_____________
Title: President ________________

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Attachment: First Amendment to Colton Power Interconnection Agreement from MRP 09-22-2023_Partially Executed (4252 : Contract Alliance Colton, LLC
September 11, 2001
Mr. Tom Murphy
Colton Power, LP
126 N. Salina Street
Syracuse, NY 13202
RE:

Dear Tom:

Agreement for Interconnection and Parallel Operation of Distributed Generation
Dated September 4, 2001
By and Between the City of Colton and Colton Power LP
Enclosed for your files is an executed copy of the referenced agreement. I am also sending a copy of this agreement to Annen Arslanian at GE Capital.

Please call if you have any questions.

Sincerely,
Enclosure
cc: Armen Arslanian, GE Capital — SFG 0
7950 South Lincoln Street, Suite 114- Littleton, Colorado 80122 Telephone (303) 730-2328 Fax (303) 730-2518

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Attachment: COLT City of Colton Interconnect Agreement 2001.09.04 (1)-c1 (4252 : Contract Amendment - Colton Power LP)

AGREEMENT FOR INTERCONNECTION AND PARALLEL OPERATION OF DISTRIBUTED

GENERATION

1. Parties and Date.

ThisInterconnection Agreement ("Agreement") is made and entered into this ""1/ day of 2001, by the City of Colton, ("City"), a municipal corporation, and Colton Power LP it on Power"), a Delaware limited partnership, each hereinafter sometimes referred to individually as "Partyn or both referred to collectively as the "Parties".

2. Recitals.

2.1 City is the owner of a municipal electric utility and operates a utility system within the City of Colton, California ("City's Utili ty System").

2.2 City and Colton Power, as assignee to Alliance Colton, LLC., have entered into that certain Drews Substation Lease Agreement dated December 6, 2000 and that certain First Amendment to the Drews Substation Lease Agreement dated April 4, 2001 (collectively "Drews Lease Agreement") whereby the City has leased to Colton Power certain real property located at the City's Drews Substation to allow Colton Power to install, maintain and operate electric generation facilities and equipment.

2.3 City and Colton Power, as assignee to Alliance Colton, LLC, have entered into that certain Century Substation Lease Agreement dated December 20, 2000 and that certain First Amendment to the Century Substation Lease Agreement dated April 4, 2001 (collectively "Century Lease Agreement") whereby the City has leased to Colton Power certain real property located at the City's Century Substation to allow Colton Power to install, maintain and operate electric generation facilities and equipment.

2.4 Colton Power has, or is in the process of, constructing and installing electric generation facilities and equipment of 50 MW or fess at the Drews Substation and the Century Substation pursuant to the Drews Lease Agreement and the Century Lease Agreement, respectively (collectively "Colton Power's Facilities").

2.5 Colton Power desires to interconnect Colton Power's Facilities to the City's Utility System and to use the City's transmission lines for the purpose of selling energy and/or ancillary services into the California energy market.

3. Agreement.

3.1 Scope of Agreement. Subject to the terms and conditions of this Agreement, Colton Power may interconnect Colton Power's Facilities at 70 kv or less to City's Utility System.

3.2 Poinl(sLof interconnection. Colton Power may interconnect Colton Power's Facilities to the City's Utility System at the locations specified in Exhibit A, attached hereto and incorporated herein by reference ("Point(s) of lnterconnection"), provided that such interconnection is accomplished in accordance with the Facility Schedules set forth in Exhibit A and the Technical Requirements for Interconnection and Parali& Operation of On-Site Distributed Generation, as described in Exhibit B, attached hereto and incorporated herein by reference ("Rules").

3.3 Facilities to be Interconnected. Colton Power will, at its own cost and expense, operate, maintain, repair, and inspect, and shall be fully responsible for, Colton Power's Facilities. Colton Power shall conduct operations of Colton Power's Facilities in compliance with ali aspects of the Rules, in accordance with the applicable manufacturer's recommended maintenance schedule, and as further described and mutually agreed to in the applicabie Facility Schedule set forth in Exhibit A. Colton

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Attachment: COLT City of Colton Interconnect Agreement 2001.09.04 (1)-c1 (4252 : Contract Amendment - Colton Power LP) Power's Facilities shall be constructed in accordance with specifications equal to or greater than those required by the National Electrical Safety Code, approved by the American National Standards Institute, in effect at the time of construction. Colton Power covenants and agrees to design, install, maintain, and operate, or cause the design, installation, maintenance, and operation of, Colton Power's Facilities so as to reasonably minimize the likelihood of a disturbance, originating in Colton Power's distribution system, affecting or impairing the City's Utility System, or other systems with which the City's Utility System is interconnected. Colton Power shall obtain the City's written consent for any changes or modifications to Colton Power's Facilities that would 1) increase the power output above 50 MW; 2) substantially differ from the characteristics of Colton Power's Facilities as described in this Agreement , the Drews Lease Agreement or the Century Lease Agreement, as applicable; 3) impact the protective relay settings; or 4) impact the City's utility system or the operation thereof.

City will, at its own cost and expense, operate, maintain, repair, and inspect, and shall be fully responsible for City's Utility System, unless otherwise specified in this Agreement.

City will notify Colton Power if Colton Power's Facilities are causing disruption or deterioration of service to any of City's customers or if the operation of Colton Power's Facilities cause damage to City's Utility System.

Colton Power will notify City of any emergency or hazardous condition or occurrence with the Colton Power's Facilities which could affect safe operation of the City's Utility System.

3.4 Limitation of Liability and Indemnification.

3.4.1 Neither City nor Colton Power shall be liable to the other for damages for any act that is beyond such party's control, including any event that is a result of an act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, a curtailment, order or regulation or restriction imposed by governmental, military, or lawfully established civilian authorities.

3.4.2 Colton Power hereby agrees to defend, with counsel chosen by City, indemnify and hold City and its officers, officials, employees, consultants, attorneys, contractors and agents free and harmless from and against any and all claims, demands, causes of action, costs liabilities, expenses, losses, damages or injuries of any kind in law or equity, including the payment to City of reasonable expenses of legal representation, whether by special counsel or by City's staff, to persons or property, including wrongful death, in any manner arising out of or incident to any negligent acts, omissions or willful misconduct of Colton Power, Colton Power's partners, affiliates, agents officials, officers or employees in performance of this Agreement or operation of Colton Power's Facilities. Colton Power shall defend, with counsel of City's choosing and at Colton Power's sole expense, any and all aforesaid suits, actions or proceedings, legal or affirmative, that may be brought or instituted against City, its officers, officials, employees, consultants, attorneys, contractors and agents. Colton Power shall pay and satisfy any judgment, award or decree that may be rendered against City, its officers, officials, employees, consultants, attorneys, contractors and agents as a result of this indemnification section. Colton Power shall reimburse such parties for any and all legal expenses and costs incurred by one or all of them in connection with this Agreement or the indemnity herein provided. Colton Powers obligation shall survive termination or expiration of this Agreement, and shall not be restricted to insurance proceeds, if any received by City or City's officers, officials, employees, consultants, attorneys, contractors and agents.

3.4.3 City hereby agrees to defend, with counsel chosen by Colton Power, indemnify and hold Colton Power and its officers, officials, employees, consultants, attorneys, contractors and agents free and harmless from and against any and all claims, demands, causes of action, costs, liabilities, expenses, losses, damages or injuries of any kind in law or equity, including the payment to Lessee of reasonable expenses of legal representation, to persons or property, including wrongful death, in any manner arising out of or incident to any negligent acts, omissions or willful misconduct of City, its officers, officials, employees, consultants, attorneys, contractors and agents in City's operation of City's Utility System. City shall defend, with counsel of Colton Power's choosing and at City's sole expense, any and all aforesaid 2 4.b
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Attachment: COLT City of Colton Interconnect Agreement 2001.09.04 (1)-c1 (4252 : Contract Amendment - Colton Power LP) suits, actions or proceedings, legal or affirmative, that may be brought or instituted against Colton Power, its officers, officials, employees, consultants, attorneys, contractors and agents. City shall pay and satisfy any judgment, award or decree that may be rendered against Colton Power, its officers, officials, employees, consultants, attorneys, contractors and agents as a result of this indemnification section. City shall reimburse such parties for any and all legal expenses and costs incurred by one or all of them in connection with this Agreement or the indemnity herein provided. City's obligation shall survive termination or expiration of this Agreement, and shall not be restricted to insurance proceeds, if any received by Colton Power or Colton Power's officers, officials, employees, consultants, attorneys, contractors and agents.

3.4.4 City and Colton Power shall each be responsible for the safe installation, maintenance, repair and condition of their respective lines, appurtenances and facilities on their respective sides of the point of common coupling, which includes all of Colton Power's station service equipment up to the 12 kv connection to the primary metering cabinet. The City does not assume any duty, obligation or responsibility to inspect Colton Power's lines, wires, switches, or other equipment. Colton Power assumes all responsibility for the electric and/or ancillary services generated at Colton Power's Facilities supplied hereunder and the facilities used in connection therewith at or beyond the point of common coupling, the point of common coupling being the point where the electric energy first leaves the wire or facilities provided and owned by Colton Power and enters the wire or facilities provided by the City.

3.5 Liability Insurance. Colton Power shall procure and maintain, for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with this Agreement by Colton Power, Colton Power's agents, representatives, employees, contractors or subcontractors. Colton Power shall also require all contractors or other consultants performing work or services on Colton Power's Facilities to provide the same insurance. Colton Power shall obtain and furnish to City proof of coverage as to each type of insurance required.

3.5.1 Minimum Scope of Insurance. Coverage shall be at least broad as:

3.5.1.1 Commercial General Liability: Insurance Services Office Commercial General Liability coverage (occurrence) form CG 0001.

3.5.1.2 Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto).

3.5.1.3 Workers' Compensation and Empl2yers) Liability: Workers' Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance.

3.5.2 Minimum Limits of Insurance. Limits of insurance shall be:

3.5.2.1 Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

3.5.2.2 Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.

3.5.2.3 Workers' Compensation and Emoigyers Liability: Workers' Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. Colton Power's General Liability Insurance, including occupational disease coverage, for Colton Power and all persons and/or subcontractors employed or to be employed in the performance of this Agreement, which insurance shall at all times be maintained in strict accordance with this Agreement, and the provisions of Section 3700 et seq. of the Labor code which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code. Use by Colton Power of "Workers' Compensation Waiver" forms will necessitate 3 4.b
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Attachment: COLT City of Colton Interconnect Agreement 2001.09.04 (1)-c1 (4252 : Contract Amendment - Colton Power LP) the filing of said waiver with City for each individual by Colton Power prior to that individual commencing any work under this Agreement.

3.5.3 Deductibles. Deductibles and self -insured retentions shall be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City, City's officers, officials, employees, consultants, attorneys, contractors and agents or Colton Power shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

3.5.4 Endorsements. The insurance policies shall contain the following provisions, or Colton Power shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:

3.5.4.1 General Liability: (1) The City, its officers, officials, employees, consultants, attorneys, contractors and agents shall be covered as additional named insureds with respect to Colton Power's operation and interconnection of Colton Power's Facilities to the City's Utility System; and (2) the insurance coverage shall be primary insurance as respects the City, City's officers, officials, employees, consultants, attorneys, contractors and agents, or if excess, shall stand in an unbroken chain of coverage excess of Colton Power's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officers, officials, employees, consultants, attorneys, contractors and agents shall be excess of Colton Power's insurance and shall not be called upon to contribute with it in any way.

3.5.4.2 Automobile Liability: (1) The City, its officers, officials, employees, consultants, attorneys, contractors and agents shall be covered as additional named insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Colton Power or for which Colton Power is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, consultants, attorneys, contractors and agents, or if excess, shall stand in an unbroken chain of coverage excess of Colton Power's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officers, officials, employees, consultants, attorneys, contractors and agents shall be excess of Colton Power's insurance and shall not be called upon to contribute with it in any way.

3.5.4.3 Workers Compensation and EmpLyers Liability Coverage: The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, consultants:
attorneys, contractors and agents for losses paid under the terms of the insurance policy which arise from work performed by Colton Power.

3.5.4.4 All Coverages: Each insurance policy required by this contract shall be endorsed to state that: (1) coverage shall not be canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) 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 officers, officials, employees, consultants, attorneys, contractors and agents.

3.5.5 aoration of Insureds. 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 or its officers, officials, employees, consultants, attorneys, contractors and agents.

3.5.5 Verification of Coverage. Colton Power shall furnish City with a certified copy of all insurance policies and all required original additional named insured endorsements effecting coverage required by this Agreement. The endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certified policies and endorsements are to be received and approved by City before this Agreement is fully executed. City reserves the right to require from time to time complete, certified copies of all required insurance policies at that time. 4 4.b
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Attachment: COLT City of Colton Interconnect Agreement 2001.09.04 (1)-c1 (4252 : Contract Amendment - Colton Power LP)

3.5.7 Acceptability of Insurers. All insurance shall be provided by insurers having a current A.M.

Best's rating of A:VII or better and acceptable to City.

3.6 Right of Access &Inspection. Upon reasonable notice, the City may send a qualified person to Colton Power's Facilities at or immediately before the time Colton Power's Facilities first produce energy to inspect the interconnection, and observe the commissioning of Colton Power's Facilities, including any testing, startup, and operation for a period of up to no more than three days after initial startup of Colton Power's Facilities.

Following the initial inspection process described above, during reasonable hours, and upon reasonable notice, or at any time without notice in the event of an emergency or hazardous condition, City shall have access to Colton Power's Facilities for any reasonable purpose in connection with the performance of the obligations imposed on Colton Power by this Agreement or if necessary to meet its legal obligation to provide service to its customers.

3.7 Disconnection of Colton Power's Facilities. Colton Power may disconnect Colton Power's Facilities from City's Utility System for any reason upon Colton Power thirty (30) days prior written notice to City. Such disconnection shall not be a termination of this Agreement unless Colton Power exercises its termination rights under Section 3.8.

City may immediately disconnect Colton Power's Facilities from City's Utility System if City, in its sole and absolute discretion, deems it necessary to: (1) protect the public health, safety and welfare, (2) avoid disturbance to other customers of City's Utility System, or (3) protect the reliability and integrity of the City's Utility System.

Colton Power shall disconnect Colton Power's Facilities from City's Utility System upon the effective date of any termination under Section 3.8. In the event Colton Power fails to disconnect Colton Power's Facilities from City's Utility System in accordance with this section, City may unilaterally disconnect Colton Power's Facilities from City's Utility System without further notice to Colton Power.

For routine maintenance and repairs on City's Utility System, City shall provide Colton Power with seven (7) business days' notice of service interruption.

City may suspend connection to Colton Power's Facilities in cases where continuance of connection to Colton Power's Facilities will endanger persons or property. In the event of a forced outage of the City's Utility System, City may suspend connection to Colton Power's Facilities as necessary to effect immediate repairs on City's Utility System, but the City shall use its best efforts to provide the Colton Power with reasonable prior notice, and to minimize the duration of the forced outage.

3.8 Effective Term and Termination Rights. This Agreement becomes effective when executed by both parties and shall continue in effect for fifteen (15) years ("Term"), unless terminated earlier as provided herein. This Agreement may be terminated for the following reasons: (a) Colton Power may terminate this Agreement at any time, by giving the City sixty (60) days written notice; (b) either party may terminate by giving the other party at least thirty (30) days prior written notice that the other Party is in default of any of the terms and conditions of the Agreement, so long as the notice specifies the basis for termination and provides a reasonable opportunity of no more than thirty (30) days to cure the default.

Provided that Colton Power is not in default under any of the terms of this Agreement, Colton Power may request renewal of this Agreement on the terms and conditions herein contained for 2 additional terms ("Renewal Term') of 5 year periods upon written notice to City of Colton Power's intent to do so at least one hundred eighty (180) days prior to the expiration of the Term or any Renewal Term.

Provided that Colton Power is not in default under any of the terms of this Agreement, City will grant the request for renewal within 90 days of receipt of Colton Power's written notice requesting renewal. If granted, the terms and conditions for each Renewal Term shall be the same terms and conditions of this Agreement.
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Attachment: COLT City of Colton Interconnect Agreement 2001.09.04 (1)-c1 (4252 : Contract Amendment - Colton Power LP)

3.9 Governing Law and Regulatory Authority. This Agreement shall be governed by and interpreted, construed and enforced in accordance with the laws of the State of California. Venue shall be in San Bernardino County. This Agreement is subject to, and the parties' performance of their obligations hereunder shall be in full compliance with, all applicable federal, state, and local laws or ordinances, and all applicable rules, regulations, orders of, and tariffs approved by, duly constituted regulatory authorities having jurisdiction over the subject matter of this Agreement.

3.10 Amendment. This Agreement may be amended only upon mutual agreement of the Parties, which amendment will not be effective until reduced to writing and executed by the Parties.

3.11 Entirety of Agreement and Prior Agreements Superseded. This Agreement, including all attached Exhibits and Facility Schedules, which are expressly made a part hereof for all purposes, constitutes the entire agreement and understanding between the Parties with regard to the interconnection of Colton Power's Facilities to the City's Utility System at the Points of Interconnection expressly provided for in this Agreement. The Parties are not bound by or liable for any statement, representation, promise, inducement, understanding, or undertaking of any kind or nature (whether written or oral) with regard to the subject matter hereof not set forth or provided for herein. This Agreement replaces all prior agreements and undertakings, oral or written, between the Parties with regard to the subject matter hereof, and all such agreements and undertakings are agreed by the Parties to no longer be of any force or effect. It is expressly acknowledged that the Parties may have other agreements covering other services not expressly provided for herein, which agreements are unaffected by this Agreement. Related Agreements include the Drews Lease Agreement and the Century Lease Agreement, a Participating Generator Agreement and a Meter Service Agreement between Colton Power and the California Independent System Operator (CAISO), and an Interconnection Facilities Agreement and Wholesale Distribution Access Tariff between the City and Southern California Edison Company.

3.12 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:
(a) If to City:
(b)
City of Colton
650 North La Cadena Drive
Colton, CA 92324
Attn: Utilities Director
If to Colton Power:

Colton Power, LP
100 Clinton Square, Suite 403
Syracuse, New York 13202
Attn: Project Manager
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.

3.13 Invoicing and Payment. Invoicing and payment terms for services associated with this agreement shall be as specified in the Drews Lease Agreement and the Century Lease Agreement.

3.14 No Third -Party Beneficiaries. This Agreement is not intended to and does not create rights, remedies, or benefits of any character whatsoever in favor of any persons, corporations, associations, or entities other than the Parties, and the obligations herein assumed are solely for the use and benefit Of the Parties, their successors in interest and their assigns. 6 4.b
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Attachment: COLT City of Colton Interconnect Agreement 2001.09.04 (1)-c1 (4252 : Contract Amendment - Colton Power LP)

3.15 Assignment. Colton Power 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, which will not be unreasonably withheld.

3.16 No Waiver. The failure of a Party to this Agreement to insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered to waive the obligations, rights, or duties imposed upon the Parties.

3.17 Ambiguities. Ambiguities or uncertainties in the wording of this Agreement shall not be construed for or against any Party, but will be construed in the manner that most accurately reflects the Parties' intent as of the date they executed this Agreement.

3.18 Multiple Counterparts. This Agreement may be executed in two or more counterparts, each of which is deemed an original but all constitute one and the same instrument.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed by their respective duly authorized representatives.

CITY
City of Colton
a California municipal corporation
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Mayor
City Clerk
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Colton Power, LP
a Delaware )1imited partnership
BY:

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Attachment: COLT City of Colton Interconnect Agreement 2001.09.04 (1)-c1 (4252 : Contract Amendment - Colton Power LP)

EXHIBIT A

LIST OF FACILITY SCHEDULES AND POINTS OF INTERCONNECTION Facility Schedule No. Name of Point of interconnection Level of interconnection 1 (See Attached) Drews Substation 12.47 kv
2 (See Attached) Century Substation 66 kv
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Attachment: COLT City of Colton Interconnect Agreement 2001.09.04 (1)-c1 (4252 : Contract Amendment - Colton Power LP) FACILITY SCHEDULE NO. 1

1. Name: Drews Generating Station

2. Facility location: Drews Substation

3. Delivery voltage: 12.47kV

4. Metering jvollagt location, and other): Station service shall be metered at the 12.47kV metering cabinet. Each generator shall be metered in Colton Power's 12.47kV switchgear.

The net generation shall be calculated by the meter in cubicle Cl using pulse inputs from each generator's meter and the station service meter. All metering shall be provided, installed, and tested by Colton Power, shall be certified by an ISO inspection company, and shall be accomplished utilizing CAISO approved meters (Siemens Maxsys 2510 or equal).

5. Normal Operation of Interconnection: The City controlled interconnection facilities shall be the

12.47kV circuit breakers installed in existing switchgear buildings 1 and 2. These breakers shall be normally closed, and shall be provided with interlocks to prevent closing unless all generator breakers are open. Colton Power shall open and close the generator breakers to bring each unit on-line. Synchronization shall be performed across the generator breakers.

6. One line diagram attached (check one): x Yes/ No

7. Facilities to be furnished by City: No new facilities are to be furnished by City. Station service shall be provided from an existing feeder at the riser pole within the yard. All material and labor required to interconnect Colton Power's facilities shall be provided by Colton Power.

8. Facilities to be furnished by Colton Power* Colton Power shall provide four peaker 10MW turbine/generators and associated auxiliary equipment, including cable, raceway, switchgear, meters, instrument transformers, relays, motor control centers, and station service equipment.

9. Cost Responsibility: Costs associated with the installation, testing, and commissioning of the Facilities shall be the responsibility of Colton Power. Colton Power shall reimburse the City for any costs or expenses that are actually incurred by City as a result of Agreements with Southern California Edison Company, the California Independent System Operator, or any other duly constituted regulatory authority having jurisdiction over Colton Power's Facilities.

10. Point of Deliveu: City shall transport Colton Power's capacity and energy to a Point of Delivery at the 66kV bus at Colton Substation, owned by Southern California Edison. Load reduction credits that may be received from Southern California Edison, the California Independent System Operator, or any other duly constituted regulatou authority having jurisdiction over Colton Power's Facilities as a result of generation from Colton Power's Facilities shall accrue to the benefit of the City.
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Attachment: COLT City of Colton Interconnect Agreement 2001.09.04 (1)-c1 (4252 : Contract Amendment - FACILITY SCHEDULE NO. 2

1. Name: Century Generating Station

2. Facility location: Century Substation

3. Delivery voltage,: 66 kV

4. MeteringAvoltagt„ location, and other): Station service shall be metered at the 12.47kV metering cabinet. Each generator shall be metered in Colton Power's 12.47kV switchgear.

The net generation shall be calculated by the meter in cubicle G1 using pulse inputs from each generator's meter and the station service meter. Al! metering shall be provided, installed, and tested by Colton Power, shall be certified by an ISO inspection company, and shall be accomplished utilizing CAISO approved meters (Siemens Maxsys 2510 or equal).

5. Normal Operation of Interconnection: The City controlled interconnection facilities shall be the 66 kV circuit breaker installed in the existing Century substation. This breaker shall be normally closed, and shall be provided with interlocks to prevent closing unless all generator breakers are open. Colton Power shall open and close the generator breakers to bring each unit on-line. Synchronization shall be performed across the generator breakers.

6. One line diagram attached [check x Yes/ No

7. Facilities to be furnished by City: No new facilities are to be furnished by City. Station service shall be provided from an existing feeder in a vault at the west end of the yard. All material and labor required to interconnect Colton Power's facilities shall be provided by Colton Power.

8. Facilities to be furnished by Colton Power: Colton Power shall provide four peaker 10MV1/ turbine/generators and associated auxiliary equipment, including cable, raceway, switchgear, meters, instrument transformers, relays, motor control centers, and station service equipment. Colton Power shall provide a 50MVA generator step up transformer, 66kV circuit breaker, and 66kV disconnect switch to interconnect with City's existing substation facilities.

9. Cost Responsibility: Costs associated with the installation, testing, and commissioning of the Facilities shall be the responsibility of Colton Power. Colton Power shall reimburse the City for any costs or expenses that are actually incurred by City as a result of agreements with Southern California Edison Company, the California Independent System Operator, or any other duly constituted regulatory authority having jurisdiction over Colton Power's Facilities.

10. Point of Delivery: City shall transport Colton Power's capacity and energy to a Point of Delivea at the 66kV bus at Colton Substation, owned by Southern California Edison. Load reduction credits that may be received from Southern California Edison, the California Independent System Operator, or any other duly constituted regulatory authority having jurisdiction over Colton Power's Facilities as a result of the generation from Colton Power's Facilities shall accrue to the benefit of the City.
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Attachment: COLT City of Colton Interconnect Agreement 2001.09.04 (1)-c1 (4252 : Contract Amendment - Colton Power LP) Controlled by City of Colton
Department of Utilities
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5910246 5910245
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ISO Meter
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Attachment: COLT City of Colton Interconnect Agreement 2001.09.04 (1)-c1 (4252 : Contract Amendment - Exhibit B
Technical Requirements for Interconnection and Parallel Operation of On -Site Distributed Generation.
(a) Purpose. The purpose of this Exhibit is to describe the requirements and procedures for safe and effective connection and operation of distributed generation. (1) Colton Power may operate 60 Hertz (Hz), three-phase generating equipment in parallel with the City's utility system pursuant to this interconnection agreement, provided that the equipment meets or exceeds the requirements of this section. (2) Where the application of the technical requirements set forth in this section appears inappropriate for a specific facility, Colton Power and City may agree to different requirements.
(3) The intent of these technical requirements are that Colton Power's Facility or Facilities and the City's utility system are operated and protected in accordance with Best Utility Practice.
(b) General interconnection and protection requirements. (1) Colton Power's generation and Interconnection installation must meet all applicable national, state, and local construction and safety codes. (2) Colton Power's generator shall be equipped with protective hardware and software designed to prevent the generator from being connected to a de -energized circuit owned by the City.
(3) Colton Power's generator shall be equipped with the necessary protective hardware and software designed to prevent connection or parallel operation of the generating equipment with the City's utility system unless the utility system service voltage and frequency is of normal magnitude.
(4) Colton Power will be responsible for protecting its generating equipment in such a manner that utility system outages, short circuits or other disturbances including zero sequence currents and ferroresonant over -voltages do not damage Colton Power's generating equipment. Colton Power's protective equipment shall also prevent unnecessary tripping of the City's utility system breakers or other impacts that would affect the utility system's capability of providing reliable service to other customers.
(5) If a Party to this agreement causes significant changes in the fault duties or load flow models, said Party shall be responsible for providing updated fault and or load flow studies to the other Party. Each Party shall be responsible for checking their protection system settings and equipment ratings. In the event that Colton Power's changes impact the City's utility system, Colton Power shall be responsible for costs associated with said impact.
(6) The City may require that a communication channel be provided by Colton Power to provide communication between the City's utility system and Colton Power's Facility.

The channel may be a leased telephone circuit, power line carrier, pilot wire circuit, microwave, or other mutually agreed upon medium.
(7) Circuit breakers or other interrupting devices at the point of common coupling must be capable of interrupting maximum available fault current. (8) Colton Power will furnish and install a manual disconnect device that has a visual break that is appropriate to the voltage level (a disconnect switch, a draw -out breaker, or fuse block), and is accessible to the City personnel, and capable of being locked in the open position. Colton Power shall follow the City's switching, clearance, tagging, and locking procedures, which the City shall provide for Colton Power.
(c) Prevention of interference. To eliminate undesirable interference caused by operation of Colton Power's Facilities, Colton Powers generator shall meet the following criteria:
(1) Voltage. Colton Power will operate its generating equipment in such a manner that the voltage levels on the City's utility system are in the same range as if the 4 4.b
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Attachment: COLT City of Colton Interconnect Agreement 2001.09.04 (1)-c1 (4252 : Contract Amendment - Colton Power LP) generating equipment were not connected to the City's utility system. Colton Power shall provide an automatic method of disconnecting the generating equipment from the utility system if a sustained voltage deviation in excess of +5.0 % or —10% from nominal voltage persists for more than 30 seconds, or a deviation in excess of +10% or —30% from nominal voltage persists for more than ten cycles. Colton Power may reconnect when the City's utility system voltage and frequency return to normal range and the system is stabilized.
(2) Flicker. Colton Power's equipment shall not cause excessive voltage flicker on the utility system. This flicker shall not exceed 3.0% voltage dip, in accordance with Institute of Electrical and Electronics Engineers (IEEE) 519 as measured at the point of common coupling.
(3) Frequency. The operating frequency of Colton Power's generating equipment shall not deviate more than +0.5 Hertz (Hz) or —0.5 Hz from a 60 Hz base. Colton Power shall automatically disconnect the generating equipment from the City's utility system within 15 cycles if this frequency tolerance cannot be maintained. Colton Power may reconnect when the City's utility system voltage and frequency return to normal range and the system is stabilized. This section may be modified from time to time to comply with the requirements of the Western States Coordinating Council (VVSCC), the local control area or any other duly constituted regulatory authority having jurisdiction over Colton Power's Facilities.
(4) Power Factor. The operating power factor may range from 0.95 boost to 0.95 buck, provided that the resulting power factor at the Point of Delivery with Southern California Edison is within the requirements of the VVDAT and applicable rate tariff as they may change from time to time. Colton Power shall cooperate with the City in optimizing the VAR output of its Facilities, within the operating parameters of the equipment.
(5) Harmonics. In accordance with IEEE 519 the total harmonic distortion (THD) voltage shall not exceed 5.0% of the fundamental 60 Hz frequency nor 3.0% of the fundamental frequency for any individual harmonic when measured at the point of common coupling with the City's utility system.
(e) Control, protection and safety equipment requirements specific to three-phase synchronous generators. This subsection specifies the control, protection, and safety equipment requirements specific to three phase synchronous generators. Exporting to the City's utility system may require additional operational or protection devices and will require coordination of operations with the City.
(1) Three phase synchronous generators. Colton Power's generator circuit breakers shall be three-phase devices with electronic or electromechanical control. Colton Power is solely responsible for properly synchronizing its generator with the utility.

The excitation system response ratio shall not be less than 0.5. The generator's excitation system(s) shall conform, as near as reasonably achievable, to the field voltage versus time criteria specified in American National Standards Institute Standard C50.13-1989 in order to permit adequate field forcing during transient conditions. For generating systems greater than two MW Colton Power shall maintain the automatic voltage regulator (AVR) of each generating unit in service and operable at all times. If the AVR is removed from service for maintenance or repair, the City shall be notified. Colton Power shall, at its sole cost and expense, coordinate Colton Power's AVR activity with the activity of the City's AVR 30 as to ensure that Colton Power's AVR and the City's AVR do not operate simultaneously and that Colton Power's AVR does not adversely affect the City's Utility System. (2) Protective function requirements. Facilities must have an interconnect disconnect device, a generator disconnect device, an over-voltage trip, an under - voltage trip, an over/under frequency trip, either a ground over -voltage trip or a ground over -current trip depending on the grounding system if required by the City, an automatic synchronizing check and AVR for facilities with stand alone capability. 5 4.b
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Attachment: COLT City of Colton Interconnect Agreement 2001.09.04 (1)-c1 (4252 : Contract Amendment - Colton Power LP) (g)
(f) Facilities not identified. In the event that standards for a specific unit or facility are not set out in this section, Colton Power may interconnect a Facility to the City's utility system using mutually agreed upon technical standards.

Inspection and start-up testing. Colton Power shall provide the utility with notice at least one week before the initial energizing and start-up testing of Colton Power's generating equipment and the City may witness the testing of any equipment and protective systems associated with the interconnection. Colton Power shall revise and re -submit the application with information reflecting any proposed modification that may affect the safe and reliable operation of the utility system.
(h) Site testing and commissioning. Testing of protection systems shall include procedures to functionally test all protective elements of the system up to and including tripping of the generator and interconnection point. Testing will verify all protective set points and relay/breaker trip timing. The utility may witness the testing of installed switchgear, protection systems, and generator. Colton Power is responsible for routine maintenance of the generator and control and protective equipment. Colton Power will maintain records of such maintenance activities, which the City may review at reasonable times. For generation systems greater than 500 kVV, a log of generator operations shall be kept. At a minimum, the log shall include the date, generator time on, and generator time off, and megawatt and megavar output. The City may review such logs at reasonable times. (i) Metering. Cotton Power may supply, own, and maintain all necessary meters and associated equipment to record energy purchases by Colton Power and energy exports to the City's utility system, provided such meters are in compliance with the California Independent System Operator's Metering Protocol. If Colton Power requests utility metering, Colton Power shall supply at no cost to the City a suitable location on its premises for the installation of the utility's meters and other equipment. (j) Periodic Testing. Colton Power shall perform periodic testing of the protection systems, at least once per year.
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Attachment: COLT City of Colton Interconnect Agreement 2001.09.04 (1)-c1 (4252 : Contract Amendment - Colton Power LP)

ITEM NO. 5

STAFF REPORT

DATE: NOVEMBER 7, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE FIRST (1ST) AMENDMENT TO PROFESSIONAL

SERVICES AGREEMENT (PSA) FOR ENGINEERING SERVICES

WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA
(ERSC) FOR FISCAL YEAR 23/24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Authorize the increase of compensation to the Professional Services Agreement (PSA) with Engineering Resources of Southern California (ERSC) by $25,000 for FY 23/24.

2. Authorize the City Manager to execute the First Amendment to the Professional Services Agreement (PSA) with Engineering Resources of Southern California (ERSC) for FY 23/24.

BACKGROUND

The Public Works Engineering Division retains as -needed engineering services to assist with plan check reviews of various development projects in several different technical areas. These as-needed plan check services ensure timely project reviews and help maintain cost efficiency through competitive service costs.

In accordance with Colton Municipal Code Section 3.08.070 – Bidding requirements – Professional Services, on March 24, 2023, City Engineering Staff released a Request for Proposals for engineering plan check consulting services for private and public projects. The contract would be valid for FY 23/24 with the option to renew for three successive years and entitled for an increase based on the Consumer Price Index (CPI).

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Staff Report to the Mayor and City Council
Contract Amendment - ERSC
November 7, 2023

On May 17, 2023, City Engineering Staff evaluated engineering consulting proposals from five different firms who submitted a proposal. Following is the list of the five companies in no particular order:

After evaluating all five potential candidates, ERSC was the selected firm and on July 31, 2023, the City of Colton entered into a Professional Services Agreement (PSA) with Engineering Resources of Southern California, Inc. (ERSC) to assist with engineering plan checking services.

The selection of a consultant was made based on cost proposal competitiveness, company and staff qualifications, similar work experience, ability to perform in a timely manner, and a thorough understanding of the work required in the RFP. Depending on the workload, the City has the option to increase the contract amount subject to City Council approval and in accordance with City Procurement Policies.

ISSUES/ANALYSIS

Due to continued volume of plan check activities and expected engineering plan check activities in the current fiscal year, the Public Works Department is requesting to amend the existing PSA with ERSC by increasing the contract amount for the Fiscal Year (FY) 23/24 from $45,000 to $70,000, in line with the increased influx and continual review of commercial development projects from previous fiscal year budgets. Multiple residential and commercial developments have been entitled with the Planning Division of the Development Services Department and have commenced plan check services in the Engineering Division of the Public Works and Utility Services Department. Among these projects are the following tract maps: Tract Map 18233 (Bostick Ave. & Litton Ave.), Tract Map 20352 (Georgia St. & 5th St. ), Tract Map 20385 (5th St. & Agua Mansa Rd.), and Tract Map 16249 (Shadid Dr.). Two large industrial warehouse projects, the Barton Road Logistics Project and the IDI/Lineage Projects on Agua Mansa Road, have recently completed plan check review and construction permits either have been issued or are in the process of being issued.

FISCAL IMPACTS

Sufficient appropriations for this 1 st Amendment to the PSA are available in General Fund Engineering Division Professional Services Account No. 100-6150-6151-2350-0000-000. 5 Packet Pg. 124
Staff Report to the Mayor and City Council
Contract Amendment - ERSC
November 7, 2023

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - 1st Amendment to PSA w Fee Schedule
5 Packet Pg. 125
1 FIRST AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.

1. PARTIES AND DATE.

This First Amendment to the Professional Services Agreement ( “First Amendment”) is made and entered into this 07th day of November, 2023 by and between the City of Colton (“City”) and Engineering Resources of Southern California, Inc., (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this First Amendment.

2. RECITALS.

2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated November 07 , 202 3 (“Agreement”), whereby Consultant agreed to provide professional plan check services for various development projects (“Services”).

2.2 Amendment Purpose. City and Consultant desire to amend the Agreement for the First time to increase compensation by $25,000.

2.3 Amendment Authority. This First Amendment is authorized pursuant to Section

3.6.13 of the Agreement.

3. TERMS.

3.1 Scope of Services and Term. Compensation. Section 3. 1.1 of the Agreement is hereby deleted in its entirety and replaced with the following:

3.1.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed Seventy Thousand Dollars and No Cents ($70,000.00) without written approval of the City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2 Continuing Effect of Agreement. Except as amended by this First Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this First Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this First Amendment.

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Attachment: Exhibit A - 1st Amendment to PSA w Fee Schedule (4257 : Contract Amendment - ERSC) 2 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this First Amendment.

3.4 Severability. If any portion of this First Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Counterparts. This First Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

[SIGNATURES ON FOLLOWING PAGE]

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Attachment: Exhibit A - 1st Amendment to PSA w Fee Schedule (4257 : Contract Amendment - ERSC) 3 SIGNATURE PAGE FOR FIRST AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.

IN WITNESS WHEREOF, the Parties have entered into this First Amendment to the Professional Services Agreement as of the 07th day of November, 2023.

CITY OF COLTON

By: ___________________________ Attest: ___________________________ William R. Smith Stephanie M. Vargas
City Manager Deputy City Clerk

ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.,
A corporation

By: ___________________________ By: ___________________________ Signature Signature

John M. Brudin Moe Ahmadi .

Name (Print) Name (Print)

President Vice President .

Title (Print) Title (Print)

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Attachment: Exhibit A - 1st Amendment to PSA w Fee Schedule (4257 : Contract Amendment - ERSC) 4 EXHIBIT “A – FIRST AMENDMENT”

SCOPE OF SERVICES

Provide Plan Check and Inspection Services. Scope of Services include but not limited to plan check services for:

1. Grading Plan

2. Storm Water Pollution Prevention (SWPPP)

3. Street Improvement

4. Water Quality Management Plan (WQMP)

5. Drainage plan

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Attachment: Exhibit A - 1st Amendment to PSA w Fee Schedule (4257 : Contract Amendment - ERSC) 5 EXHIBIT “B – FIRST AMENDMENT”

SCHEDULE OF SERVICES

July 1, 2023 to June 30, 2024

1. Requested plan check reviews are at an as needed basis and are not guaranteed. They are at the discretion of the City.

2. Standard plan check review turn-around times are within two (2) weeks from the date emailed of such requested services.

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Attachment: Exhibit A - 1st Amendment to PSA w Fee Schedule (4257 : Contract Amendment - ERSC) 6 EXHIBIT “C – FIRST AMENDMENT”

COMPENSATION

NOT TO EXCEED AMOUNT OF SEVENTY THOUSAND DOLLARS AND NO CENTS ($70,000.00)

SEE ATTACHED ERSC SCHEDULE OF HOURLY BILLING RATES

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Attachment: Exhibit A - 1st Amendment to PSA w Fee Schedule (4257 : Contract Amendment - ERSC)

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Attachment: Exhibit A - 1st Amendment to PSA w Fee Schedule (4257 : Contract Amendment - ERSC)

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Attachment: Exhibit A - 1st Amendment to PSA w Fee Schedule (4257 : Contract Amendment - ERSC)

ITEM NO. 6

STAFF REPORT

DATE: NOVEMBER 7, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: APPROVE AND ADOPT A FIRST AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT FOR ENVIRONMENTAL
SERVICES ON BEHALF OF THE 20-LOT SUBDIVISION PROJECT

AND AMENDMENT TO REIMBURSEMENT AGREEMENT WITH
APPLICANT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Authorize the City Manager to execute the attached First Amendment to Professional Services Agreement (PSA) with Lilburn Corp to increase compensation by $7,150 to provide further environmental services and extend the term on behalf of the 20 -lot subdivision project (DAP -001-695), as per the terms of the PSA, including exhibits attached thereto.

2. Authorize the City Manager to execute the attached First Amendment to Reimbursement Agreement with SLPR, LLC to fund consultant services for the 20-lot subdivision Project (DAP-001-695).

BACKGROUND

On April 27, 2021, the City received an application for a Tentative Tract Map (DAP -001-695) for the subdivision of 20 residential lots and four (4) basin lots located at 1600 Ridge View Drive (APN:0284-161-40). The project proposes to develop a portion of a 22 -acre site located within the Reche Canyon Specific Plan with a land use designation of Low Density Residential and Open Space.

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Staff Report to the Mayor and City Council
Contract Amendment - Lilburn Corp
November 7, 2023

On July 6, 2021, the City Council approved an environmental contract with Lilburn, Corp. for $63,845 with an expiration date of April 1, 2022.

On March 24, 2022, the contract was extended through November 1, 2022. The project was on hold due to habitat findings on the project site.

On January 17, 2023, the contract was extended through May 1, 2023. Surveys were being conducted regarding habitat findings on the project site and tribal consultation were in process pursuant to AB52.

On June 20, 2023, the contract was extended through November 1, 2023. Discussion with tribal representatives was continuing pursuant to AB52.

After the Traffic Scoping Agreement and traffic studies were reviewed by the City’s Traffic Engineer, it was determined that the project requires a more detailed Vehicle Miles Traveled (VMT) analysis to comply with the California Environmental Quality Act and the City’s VMT Policy, which in turn, will require an increase in budget to complete the VMT detailed analysis.

ISSUES/ANALYSIS

The cost of the additional analysis, presentation materials, and project management is $7,150.

The applicant has agreed to deposit additional funds for this contract amendment, which will be deposited prior to amending the contract and updating the Purchase Order. The new cumulative environmental consulting budget for this project will be $70,995 ($63,845 + $7,150).

The additional proposed VMT analysis will look at potential mitigation to reduce air quality and traffic impacts associated with the project. If the mitigation measures cannot reduce the impacts to an acceptable level or threshold as reviewed by the Traffic Engineer, then the project may come back for a focused Environmental Impact Report. If authorized to proceed with the additional analysis, we anticipate that the environmental services authorized by the original contract and the First Amendment to be completed in the next 60 days. Once the environmental checklist is completed, the following steps include a study session / community meeting with the Planning Commission; 30-45 day review (days to be determined) of the draft CEQA documents, and scheduling a public hearing with the Planning Commission.

As the "lead agency" for carrying out and approving the proposed project, the City of Colton is responsible for causing the environmental document to be prepared (CEQA Guidelines, Section 15367). Because the City is the public agency having jurisdiction by law over the project, the environmental document becomes the City's document to comply with CEQA. Staff, the environmental consultant, and the Applicant have agreed to the amended scope of work.

FISCAL IMPACTS

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Staff Report to the Mayor and City Council
Contract Amendment - Lilburn Corp
November 7, 2023

City staff ensures that funds are on deposit with the City prior to entering into or amending any contract for professional services. The Reimbursement Agreement between the City and the applicant requires the applicant to fund legal and environmental consulting services. Developer deposits are receipted in General Fund Revenue A ccount Number 100 -6799-000. Sufficient appropriations are available in the FY2023 -24 adopted budget in General Fund Planning Division Developer Professional Services Account Number 100-6300-6301-2357-0000-000 for the $7,150 contract amendment. No additional appropriations are necessary to execute the contract amendment.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Attachment 1- PSA Amend No. 1 Lilburn

2. Attachment 2 - Reimbursment Agreement_Amendment One
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(BB&K: 2-12)
23152.06020\1435122.5

FIRST AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND
LILBURN CORP.

1. PARTIES AND DATE.

This First Amendment to the Professional Services Agreement ( PSA) is made and entered into this ___day of November, 2023 by and betwee n the City of Colton (“City”) and Lilburn Corp . (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this 1st Amendment.

2. RECITALS.

2.1 Agreement. City and Consultant entered into tha t certain Professional Services Agreement dated July 6 , 20 21 (“Agreement”), whereby Consultant agreed to provide environmental document preparation services on behalf of a 20-lot subdivision project.

2.2 Amendment. City and Consultant desire to amend the Agreement for the first time to extend the term of the Agreement.

3. TERMS.

3.1 Term. Section 3.1.2 of the Agreement is hereby deleted in its entirety and replaced with the following:

"The term of this Agreement shall be from November 1 ,
2023 to October 31 , 202 4, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established scheduled and deadlines. The parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services by six months, if necessary . Total compensation, as specified in Section

3.3.1 of this Agreement, shall remain unchanged unless modified by mutual, written consent, in order to complete the Services."

3.2 Compensation. Section 3.3.1 of the Agreement is hereby deleted in its entirety and replaced with the following:

“Consultant shall receive co mpensation, including authorized reimbursements, for all Services rendered under this Agreement at the ra tes set forth in Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation shall not exceed

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Seventy Thousand, Nine Hundred and Ninety-Five Dollars and no cents ($63,845 + 7,150 = 70,995) without written approval of City Manager. The City Manager may authorize up to 5% in
compensation without returning to City Council for authorization.

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 Continuing Effect of Agreement. Except as amended by this 1st Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this 1st Amendment, whenever the term “Agreement” appears in t he Agreement, it shall mean the Agreement as amended by this 1st Amendment.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this 1st Amendment.

3.4 Counterparts. This 1st Amendment may be executed in duplicate originals, each of which is deemed to be an original , but when taken together shall constitute but one and the same instrument.

[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR FIRST AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND LILBURN CORP.

IN WITNESS WHEREOF, the Parties have entered into this 1st Amendment to Professional Services Agreement as of the ___day of November, 2023.

CITY OF COLTON

By: _________________________
William R. Smith
City Manager

Attest: _________________________
Carolina R. Padilla
City Clerk

LILBURN CORPORATION

By: _________________________
Signature

_________________________

_________________________
Principal

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CITY OF COLTON

REIMBURSEMENT AGREEMENT FIRST AMENDMENT

FOR DEVELOPMENT PROJECT

TENTATIVE TRACT MAP FOR 20 RESIDENTIAL LOT AUBDIVISION LOCATED AT 1600 RIDGE VIEW DRIVE (CASE NO. DAP-001-695)

1. PARTIES AND DATE.

This Reimbursement Agreement ("Agreement") is made this _____day of November, 2023, by and between the City of Colton, a California municipal corporation ("City"), and SLPR LLC., with its principal place of business at 701 N. 44 th Street, Phoenix, Arizona (“Applicant”).

City and Applicant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1. Property. The owner, SLPR LLC., of that certain real property located within the City of Colton, County of San Bernardino, California, and more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (“Property”).

2.2 Project. The Applicant is contemplating the development of the Property as described in Exhibit “ B” attached hereto and inc orporated herein by reference (“Project”) . The Applicant has submitted an application for discretionary land use approvals for the Project, including those listed in Exhibit “C” attached hereto and incorporated herein by reference, as well as all related environmental review pursuant to the California Environmental Quality Act ("CEQA") and other applicable laws, rules and regulations.

2.3 Consultants. To provide the City with the needed expertise and information necessary for the City's review process concerning the Project, it is or may become necessary for the City to access the services of certain outside legal, environmental, planning and other experts for the Project ("Consultants").

2.4 Reimbursement. As a condition to the City's completion of the Project review process, the Applicant has agreed to reimburse the City for the Consultants’ costs and expenses related to the City's Project review process, as well as any other out -of-pocket expenses incurred by the City, in the manner and amounts set forth in this Agreement. The Applicant's reimbursement of City under this Agreement will ensure that the City has the necessary resources to diligently and efficiently process the Applicant's Project.

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3. TERMS.

3.1 Incorporation of Recitals. The Parties agree that the Recitals constitute the factual basis upon which the City and the Applicant have entered into this Agreement. The City and the Applicant each acknowledge the accuracy of the Recitals and agree that th e Recitals are incorporated into this Agreement as though fully set forth at length.

3.2 City Selection of Consultants. As a necessary and indispensable part of its fact finding process relating to the review of the Applicant's proposed Project and uses of the Property, the City shall retain the services of Consultants to provide advice as the City may deem necessary in its reasonable and sole discretion. The City has thus far retained or is prepared to retain (either directly or as subconsultants) those Consultants listed in Exhibit “D” attached hereto and incorporated herein by reference, but shall have the right to retain any additional consultants or sub-consultants pursuant to this Agreement. The contemplated general scope of work of the Consultants for the Project is also described in Exhibit "D" attached hereto, but the City reserves the right, in its reasonable and sole discretion, to amend the scop e of work as it deems necessary and appropriate to the City's proper review and consideration of the Applicant's Project.

The Applicant agrees that, notwithstanding the Applicant's reimbursement obligations under this Agreement, Consultants shall be the contractors exclusively of the City and not of the Applicant. Except for those disclosures required by law, including, without limitation, the Public Records Act, all conversations, notes, memoranda, correspondence and other forms of communication by and between the City and its Consultants shall be, to the extent permissible by law, privileged and confidential and not subject to disclosure to the Applicant. The Applicant agrees that it shall have no claim to, nor shall it assert any right in any reports, correspondence, plans, maps, drawings, news releases or any and all other documents or work product produced by the Consultants.

3.3 Applicant to Cooperate with Consultants. The Applicant agrees to cooperate in good faith with the Consultants The Applicant agrees that it will instruct its agents, employees, consultants, contractors and attorneys to reasonably cooperate with the Consultants and to provide all necessary documents or information reasonably requested of them by the City and/or the Consultants; provided, however, that the foregoing shall not require the disclosure of any documents or information of the Applicant which by law is privileged, proprietary, confidential, and exempt from disclosure under the Public Records Act.

3.4 Applicant's Reimbursement of Costs and Expenditures . The Applicant shall reimburse the City for one hundred percent (100%) of the actual fees, costs and other expenditures incurred by the City relative to the Consultant costs, as well as staff services associated wit h the Project, other out-of-pocket expenses incurred by the City ("Costs"). The City has reviewed the scope(s) of work for this project first amendment and has estimated the aggregate Costs for all Consultants seven thousand and one hundred fifty dollars ($7,150). Within ten (10) calendar days of the execution of this Agreement, the Applicant shall submit deposit in the amount of $7,150, which amount the City shall separately account for in a Project deposit account ("Deposit Account").

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As the Consultants invoice the City for fees, costs, and expenditures associated with the Project, staff charge their time for services associated with the Project, and City Attorney charges for legal services associated with the Project, the City may draw upon t he Deposit Account to make the required payments. At any time that the Deposit Account drops below ($5,000), the City may make demand on Applicant to replenish the Deposit Account to reach the minimum Ten Thousand Dollars ($10,000), or alternative minimum amount upon City entering contract(s) with environmental consultant(s) for Project, and Applicant shall submit the required amount of funds to City within ten (10) calendar days. In the event Applicant fails to make any required deposit, City shal l have the right to consider Applicant's Project applications as withdrawn and cease processing such applications.

City shall not exceed the Estimated Costs without consulting with Applicant regarding the need for additional services which cause the Costs to exceed the Estimated Costs ("Excess Costs").

The City shall use reasonable good faith efforts to consult with the Applicant prior to amending any scope of services to be provided by the Consultants and incurring Excess Costs. The Applicant's obligation to reimburse the City for Excess Costs shall be contingent upon the City providing Applicant with written notice of the amendment of the scope of services to be performed by any Consultant and the estimated cost thereof prior to the commencement of work . Once the City provides such notice, Applicant shall be obligated to pay the Excess Costs in the same manner as the Estimated Costs provided above, including, but not limited to, replenishing the Deposit Account.

For purposes of this Section, the City shall be deemed to have consulted with the Applicant when the City has provided written notice to the Applicant that the City reasonably anticipates that it will incur, or has incurred, Excess Costs. If, after consultation, the Applicant disagrees with the City's incurring of Excess Costs, then the Applicant's sole and exclusive remedy will be to terminate this Agreement pursuant to Section 3.6 of this Agreement, subject to the Applicant's obligation to reimburse the City for all Costs incurred by the City prior to the date of termination, whether or not yet paid by the City to any Consultants.

The City shall maintain accurate records of invoices received from, and payments made to, the Consultants resulting from the Project, and will provide a payment summary to Applicant within a reasonable time upon request. In the event that excess funds remain in the Deposit Account upon conclusion of the Project and after all final payments to the Consultants have been made, the City agrees to refund that excess amount, if any, to Applicant within fifteen (15) days of final payment to the Consultants. Alternatively, if the Costs of the services of the Con sultants exceed the Estimated Costs and Excess Costs, if any, then Applicant shall remain obligated to pay for all such Costs. Applicant shall pay any such amount within ten (10) calendar days of demand for payment by City.

3.5 Term. The term of this Agreement shall commence on the date that this Agreement is approved by the City Council and fully executed by the Parties, and shall terminate when all services required for the project by Consultants have been completed to the City's reasonable satisfaction and the Applicant has satisfied all of its obligations under this Agreement . For purposes of this section, Applicant's obligations shall include, but shall not be limited to, its obligation to reimburse the City for Estimated Costs and Excess Costs, whether or not paid by the

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City to Consultants prior to the date of termination. The Applicant's obligation to reimburse the City as provided in this Agreement shall survive the natural expiration of this Agreement pursuant to this section, as well as the termination of this Agreement pursuant to Section 3.6.

3.6 Early Termination.

3.6.1 By City. The City may, in its reasonable and sole discretion, terminate this Agreement prior to the term set forth in Section 3.5 above, without cost or liability to the City, upon thirty (30) days prior written notice to the Applicant in the event that Applicant e ither: (1) fails to satisfy any obligation of this Agreement; or (2) fails to reasonably prosecute its application(s) for the Project.

3.6.2 By Applicant. The Applicant may, in its reasonable and sole discretion, terminate this Agreement prior to the end of the term set forth in Section 3. 5 above, upon thirty (30) days' prior written notice to the City; provided, however, that Applicant's right to so terminate this Agreement is expressly contingent upon Applicant satisfying both of the following: (1) Applicant shall give City written notice withdrawing its application(s) for the Project; and (2) Applicant shall satisfy all of its obligations under this Agreement up through the proposed effective date of termination. For purposes of this section, Appli cant's obligations shall include, but shall not be limited to, its obligation to reimburse the City for Estimated Costs and Excess Costs, whether or not paid by the City to Consultants prior to the date of termination.

3.6.3 Notice to Consultants . W ithin two (2) working days following either the City's decision to terminate this Agreement or the City's receipt of written notice indicating the Applicant's decision to terminate this Agreement, the City shall notify all Consultants and instruct them to cease work on the Project. Consultants shall also be instructed to bill the City for any services completed prior to the date of termination.

3.7 Assignability. This Agreement may not be assigned by either Party without the prior and express written consent of the other Party, which consent shall not be unreasonably withheld. In determining whether to approve a request by the Applicant to assign this Agreement, the City may consider, among other things, the prop osed assignee's financial status and commitment to the Project. Any attempted assignment of this Agreement not in compliance with the terms of this Agreement shall be null and void and shall confer no rights or benefits upon the assignee.

3.8 No Oral Modifications. This Agreement represents the entire understanding of the City and the Applicant and supersedes all other prior or contemporaneous written or oral agreements pertaining to the subject matter of this Agreement. This Agreement may be modified, only by a writing signed by both the authorized representatives of both the City and the Applicant.

All modifications to this Agreement must be approved by the City Council.

3.9 Binding Upon Successors. This Agreement and each of its terms shall be binding upon the City, the Applicant and their respective officers, elected officials, employees, agents, contractors, and permitted successors and assigns.

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3.10 Legal Challenges. Nothing herein shall be construed to require City to defend any third party claims and suits challenging any action taken by the City with regard to any procedural or substantive aspect of the City ’s approval of development of the Property, the environmental process, or the proposed Project. The Applicant may, however, in its sole and absolute discretion appear as real party in interest in any such third party action or proceeding, and in such event, it and the City shall defend such action or proceeding and the Applicant shall be responsible and reimburse the City for whatever legal fees and expert or other costs, in their entirety, including actual attorneys' fees, which may be incurred by the City in defense of such action or proceeding.

This City shall have the absolute right to retain such legal counsel as the City deems necessary and appropriate and the Applicant shall reimburse the City for any and all attorneys' fees and expert or other costs incurred by the City as a result of such third party action or proceeding . Applicant may, at any time, notify City in writing of its decision to terminate such reimbursement obligation and, thereafter, the City may choose, in its sole discretion, to defend or not defend such third party action or proceeding. In the event that the City decides not to continue the defense of such thi rd party action or proceeding, Applicant shall be obligated to reimburse City for any and all costs, fees, penalties or damages associated with dismissing the action or proceeding. In the event that the City decides to continue the defense of such third p arty action or proceeding, Applicant shall have no further obligation to reimburse City for its attorney fees and expert or other costs.

3.11 Attorneys' Fees. In the event that any action or proceeding, including arbitration, is commenced by either the City or the Applicant against the other to establish the validity of this Agreement or to enforce any one or more of its terms, the prevailing Party in any such action or proceeding shall be entitled to recover from the other, in addition to all other lega l and equitable remedies avail able to it, its actual attorneys' fees and costs of litigation, including, without limitation, filing fees, service fees, deposition costs, arbitration costs and expert witness fees, including actual costs and attorneys' fees on appeal.

3.12 Jurisdiction and Venue. This Agreement is executed and is to be performed in the City of Colton, San Bernardino County, California, and any action or proceeding brought relative to this Agreement shall be heard in the appropriate cour t in the County of San Bernardino , California. The City and the Applicant each consent to the personal jurisdiction of the court in any such action or proceeding.

3.13 Severability. If any term or provision of this Agreement is found to be invalid or unenforceable, the City and the Applicant both agree that they would have executed this Agreement notwithstanding the invalidity of such term or provision. The invalid term or provision may be severed from the Agreement and the remainder of the Agreement m ay be enforced in its entirety.

3.14 Headings. The headings of each Section of this Agreement are for the purposes of convenience only and shall not be construed to either expand or limit the express terms and language of each Section.

3.15 Representations of Authority . Each Party signing this Agreement on behalf of a Party which is not a natural person hereby represents and warrants to the other Party that all necessary legal prerequisites to that Party's execution of this Agreement have be en satisfied and

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that he or she has been authorized to sign this Agreement and bind the Party on whose behalf he or she signs.

3.16 Notices. Notices required under this Agreement shall be sent to the following:

City: City of Colton
650 N La Cadena Drive
Colton, CA 92324
Attn: Mark Tomich, Development Services Director

Applicant: Attn: Patrick Sovereign, Vice President
SLPR, LLC.
701 North 44th Street
Phoenix, AZ 85008

Notices given pursuant to this Agreement shall be deemed received as follows: (1) if sent by United States Mail, five (5) calendar days after deposit into the United States Mail, first class postage prepaid; (2) i f sent by facsimile, upon transmission and actual receipt by the rece iving Party; (3) if by express courier service or hand delivery , on the date of receipt by the receiving Party. The addresses for notices set forth in this Section may be changed upon written notice of such change to either the City or the Applicant, as appropriate.

[SIGNATURES ON NEXT TWO PAGES]

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CITY’S SIGNATURE PAGE FOR

CITY OF COLTON

REIMBURSEMENT AGREEMENT FOR DEVELOPMENT PROJECT

TENTATIVE TRACT MAP FOR 20 RESIDENTIAL LOT AUBDIVISION LOCATED AT 1600 RIDGE VIEW DRIVE (CASE NO. DAP-001-695)

CITY OF COLTON

By: _________________________
William R. Smith
City Manager

Attest:

_________________________
Carolina R. Padilla
City Clerk

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APPLICANT’S SIGNATURE PAGE FOR

CITY OF COLTON

REIMBURSEMENT AGREEMENT FOR DEVELOPMENT PROJECT

TENTATIVE TRACT MAP FOR 20 RESIDENTIAL LOT AUBDIVISION LOCATED AT 1600 RIDGE VIEW DRIVE (CASE NO. DAP-001-695)

PATRICK SOVEREIGN

By: _________________________
Signature

_________________________
Name: Patrick Sovereign

_________________________
Title: Vice President

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EXHIBIT "A"

LEGAL DESCRIPTION OF THE PROPERTY

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The site map is below (APN: 0284-161-40)

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EXHIBIT "B"

PROJECT DESCRIPTION

DAP-001-695 – The Application is for a Tentative Tract Map to allow the subdivision of 22 acres into 20 residential lots, four, basin, and approximately 14.5 acres of undisturbed area. The site is located at 1600 Ridge View Drive (APN 0284-161-40) and is currently zoned Reche Canyon Specific Plan, with a land use of Low Density and Open Space.

The environmental review includes the preparation of a n Initial Study/Mitigated Negative Declaration that will provide for future development of the proposed project.

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EXHIBIT "C"

PERMITS AND OTHER APPROVALS

- Tentative Tract Map
- Initial Study/Mitigated Negative Declaration

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EXHIBIT "D"

CONSULTANTS

BEST BEST & KRIEGER LLP
Legal Services: Environmental (CEQA, water and other applicable environmental legal issues), planning, and other need legal services.

LILBURN CORPORATION, INC.

Environmental consultant to prepare required CEQA document. Contract amount for Environmental Services is not to exceed $63,845, without prior approval by each party.

OTHER CONSULTANTS
Any and all other consultants, including but not limited to traffic engineering/transportation planning consultant, and CEQA consultant, determined by the City to be reasonably necessary for its review and processing of the Project application(s).

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ITEM NO. 7

STAFF REPORT

DATE: NOVEMBER 7, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHARLES BERRY, DIRECTOR OF UTILITIES
SUBJECT: APPROVE CONTRACT AMENDMENT NO. 2 WITH NINYO &

MOORE TO COMPLETE ENVIRONMENTAL WORK AT THE
CORPORATE YARD.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement (PSA) with Ninyo & Moore, to complete Phase II Environmental with additional amendments to the scope of work from the Department of Toxic Substance Control, per terms of the PSA, including exhibits attached thereto.

BACKGROUND

The City of Colton has been working on a preconstruction design for a future Zero Net Energy (ZNE) Public Works and Utilities building in the current location of 160 S. 10 th Street. During the initial Geotechnical request for proposals (RFP), a land covenant/deed restriction was discovered on Assessor Parcel Number 163-041-38 in the City’s corporate yard.

The City applied for funding to mitigate the land use covenant. On July 1 , 2022, The Department of Toxic Substance Control (DTSC) contacted the City of Colton as the selected inaugural grantee for the Equitable Community Revitalization Grant (ECRG) in the amount of $280,000. City Council accepted the grant award September 6, 2022 , with approval of Resolution No. R-98-22.

Council has awarded the contract to Ninyo & Moore as the lowest responsive and responsible bidder in accordance with Colton Municipal Code Sections 3.08.020 and 3.080.050(G) on 7 Packet Pg. 154
Staff Report to the Mayor and City Council
Contract Amendment - Ninyo & Moore
November 7, 2023

February 21, 2023. With these funds, staff has completed Phase I Environmental and are currently working on Phase II with Ninyo & Moore.

ISSUES/ANALYSIS

After the first scoping meeting with DTSC, it was determined that additional site investigation work needed to be completed outside of the original scope of work that was awarded to Ninyo & Moore. DTSC wanted a Supplemental Site Investigation (SSI) Scoping Meeting, SSI Work - plan preparation, and implementation of the SSI for the City of Colton Maintenance Service Yard located 160 South 10th Street in Colton, California (site). The additional cost for Amendment No. 1 to the contract was $49,590, approved by City Council on July 18, 2023.

Ninyo and Moore submitted Amendment No. 2 on March 28, 2023 , to include additional out of scope items as requested by the Department of Toxic Substances Control (DTSC) for the implementation of the SSI for the City of Colton Maintenance Service Yard located at 160 South 10th Street Colton CA. 92324.

The additional out of scope services requested from DTSC was based on the preliminary results from the soil samples taken. The additional soil sample requests include:
• Lead in accordance with EPA method 6010B in 4 samples • VOCs in accordance with EPA method 8260B/5053 in 7 additional samples • Total Petroleum Hydrocarbons (TPH) as gasoline and diesel in accordance EPA method 8015M in 7 samples
• PAHs in accordance with EPA method 8270SIM in 6 samples • OCPs Composite Fee for samples around building structures (24 samples) • Pollychlorinated biphenyls ( PCBs) in accordance with EPA method 8082/34450C Soxhlet Extraction in 2 samples.

The cost for the additional work requested is not to exceed $8,652.

FISCAL IMPACTS

Sufficient appropriations for the proposed $8,652 contract amendment are available in the FY2023-24 adopted budget in Electric Utility Fund Capital Improvement Expenditure Account Number 520-8000-8001-3890-0107-000.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. 212259001 L Amendment 2
7 Packet Pg. 155

355 South Grand Avenue, Ste. 2450 | Los Angeles, California 90071 | p. 213.488.5111 | www.ninyoandmoore.com September 15, 2023
Project No. 212259001
Ms. Jessica Sutorus
Environmental Conservation Supervisor
City of Colton Electric Utility
Public Works and Utility Services Department
160 South 10th Street
Colton, California 90017

Subject: Amendment No. 2 for Additional Supplemental Site Investigation Maintenance Service Yard - City of Colton
160 South 10th Street, Colton, California 90017
[Purchase Order No. 23024783]

Reference: Ninyo & Moore, 2023, Proposal for Proposal for Phase II Environmental Investigation, Maintenance Service Yard -Colton, California, dated January 19.

Dear Mr. Sutorus:

Ninyo & Moore submits this Amendment No. 2 to Professional Services Agreement, dated March 28, 2023, to include additional out of scope items as requested by the Department of Toxic Substances Control (DTSC) for the implementation of the SSI for the City of Colton Maintenance Service Yard located 160 South 10th Street in Colton, California (site).

SCOPE OF SERVICES
The additional out of scope services described below is in additional to what was originally scoped in our referenced proposal, dated January 19, 2023, and Amendment No. 1, dated June 6 ,2023.

Project Coordination and Management
• Perform additional project coordination activities with the City and DTSC regarding project scope of work, schedule, human health risk assessment, and submittal of SSI report.

Encroachment Permit Application
• Complete and submit Encroachment Permit Application and Street cut permit application and traffic control plan to City prior to implementation of the SSI DTSC Field Notice Preparation & Distribution
• Preparation & Distribution of Field Notice for SSI (in English and Spanish) for line of sight to nearby residents, and around the Maintenance Yard.

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Ninyo & Moore | 160 South 10th Street Colton, California | 212259001| September 15, 2023 2

SSI Fieldwork
• Additional drilling of borings costs and additional half day of Jones Mobile Lab with Technician to collect TO-15 soil vapor samples.
• Analyze additional soil samples (duplicates) and equipment blanks for the following analysis:
o Lead in accordance with EPA Method 6010B in 4 samples o VOCs in accordance with EPA Method 8260B/5035 in 7 additional samples o Total Petroleum Hydrocarbons (TPH) as gasoline and diesel in accordance EPA Method 8015M in 7 samples
o PAHs in accordance with EPA Method 8270SIM in 6 samples o OCPs Composite Fee for samples around building structures (24 samples) o Polychlorinated biphenyls (PCBs) in accordance with EPA Method 8082 /3450C Soxhlet Extraction in 2 samples.

Additional SSI Reporting
Additional reporting tasks for this Task includes:
• Compile and tabulate additional analytical results from the additional primary soil and soil vapor and duplicate samples collected from borings and compare results to applicable screening levels into the SSI Summary Report.

ESTIMATED FEE
Our environmental services will be provided on a time -and-material basis in accordance with our approved Professional Services Agreement (PSA). Based on the scope of work outlined above, the estimated fee to perform the above tasks including a breakdown of the costs is provided in Table 1.

Labor and direct charges will be provided with our monthly invoices in accordance with our PSA.

The additional charges for Amendment No. 2 are $8,652. These charges are in addition to our PSA amount of $89 ,500. When adding the cost of Amendment No. 1 ($49,590) and the costs of Amendment No. 2 to original PSA Agreement the revised total authorization amount is $147,742.

Ninyo & Moore appreciates the opportunity to be of service to the City of Colton . If you have any questions or need additional information, please contact either of the undersigned at your convenience.

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Ninyo & Moore | 160 South 10th Street Colton, California | 212259001| September 15, 2023 3

Sincerely,

NINYO & MOORE
Dennis Fee, EIT
Senior Project Engineer
Anthony Lizzi, PG, CHG
Principal Geologist

DWF/AJL/
Attachment: Table 1 – Breakdown of Estimated Fee

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Attachment: 212259001 L Amendment 2 (4256 : Contract Amendment - Ninyo & Moore) Labor
Principal Geologist/Engineer 2 hours @ 195.00$ /hour 390.00$ Senior Project Engineer 4 hours @ 185.00$ /hour 740.00$ Subtotal 1,130.00$
Labor
Principal Geologist/Engineer 1 hour @ 195.00$ /hour 195.00$ Senior Project Engineer hour @ 185.00$ /hour -$
Project Manager 4 hours @ 160.00$ /hour 640.00$
Subtotal 835.00$
Labor
Principal Geologist/Engineer 1 hour @ 195.00$ /hour 195.00$ Senior Project Engineer 2 hours @ 185.00$ /hour 370.00$ Subtotal 565.00$
Labor
Principal Geologist/Engineer hour @ 195.00$ /hour -$ Senior Project Engineer hour @ 185.00$ /hour -$
Senior Staff Engineer/Geologist/Scientist 6 hours @ 150.00$ /hour 900.00$ Staff Engineer/Geologist/Scientist 6 hours @ 140.00$ /hour 840.00$ Subtotal 1,740.00$
Subcontractors
Drilling & Coring (MR Drilling) 550.00$
Lead by EPA 6010B 4 units @ 19.80$ /unit 79.20$ Title 22 Metals by EPA 6010B/7471A 6 units @ 96.80$ /unit 580.80$ PAHs by EPA 8270 SIM 6 units @ 137.50$ /unit 825.00$ VOCs by EPA 8260B/5035 7 units @ 75.90$ /unit 531.30$ TPHg,d,o by EPA 8015M 7 units @ 85.80$ /unit 600.60$ OCPs Composite Fee 24 units @ 5.50$ /unit 132.00$ OCPs by EPA 8082 3 units @ 82.50$ /unit 247.50$ PCBs by EPA 8082 Soxlet Extraction 2 units @ 181.50$ /unit 363.00$ Jones Mobile Lab withTechnician (2nd Day) 473.00$
Subtotal 4,382.40$
Total 6,122.40$
TOTAL ESTIMATED FEE $8,652
$89,500
Amendment No. 1 $49,590
Amendment No. 2 $8,652
$147,742
DTSC Field Notice Preparation & Distribution
Project Cost Summary Table
Initial Purchase Order Amount

TOTAL REVISED PROJECT COST
Table 1 – Breakdown of Estimated Fee
Project Setup Coordination & Management
SSI Field Work
Laboratory Analysis of Soil Samples (OCA), Duplicate and QC Liquid Samples Additional Cost Difference
Additional Cost Difference
Encroachment Permit Application
Ninyo & Moore | 160 S. 10th Street, Colton, California | 212259001 | September 15, 2023 1

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Attachment: 212259001 L Amendment 2 (4256 : Contract Amendment - Ninyo & Moore)

ITEM NO. 8

STAFF REPORT

DATE: NOVEMBER 7, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TIM HEUSTERBERG, ACTING CHIEF OF POLICE
SUBJECT: AWARD A 3-YEAR CONTRACT TO ARMADA TOWING AND
PEPE’S TOWING TO PERFORM POLICE DEPARTMENT AND CITY

TOWS (WITH AN ADDITIONAL TWO ONE-YEAR CONTRACT
EXTENSION OPTIONS).

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve two 3 -year agreements each with two additional optional 1 -year extensions between the City of Colton and (1) Armada Transport, Inc. (dba Armada Towing), and (2) Pepe’s Inc. (dba Pepe’s Towing Service).

2. Authorize the City Manager to execute the agreements.

BACKGROUND

Prior to 2012, the Police Department had a constant rotation of three (3) tow companies that would be called when officers would need a vehicle towed. The tow companies used were Pepe’s Tow, Patriot Tow, and South State Tow. Whether the vehicle(s) were being towed due to being involved in a traffic collision, the driver being arrested, or if a vehicle was left in a roadway, the constant rotation of tow companies made towing vehicles very fluid and less time consuming.

However, after 2012, it was determined that Patriot Tow had been inaccurately reporting fees to the Police Department and in March of 2020, South State Tow left the City and went out of business. This left the Police Department with only Pepe’s Tow.

8 Packet Pg. 160
Staff Report to the Mayor and City Council
Contract Award - PD Tow Company Selection
November 7, 2023

Based on the population of the City and surrounding agency practices, having a rotation of two tow companies is determined to be sufficient.

ISSUES/ANALYSIS

On average, annually, the Police Department requests 500 tow trucks for various reasons. A tow truck may be requested by an officer due to a driver operating a motor vehicle without a valid driver’s license causing officers to tow the vehicle, during a traffic collision and the involved vehicles are inoperable and/or are obstructing traffic, or even for vehicles parked on a public roadway with registration expired over six months.

Prior to approximately 2012, the Police Department would utilize three different tow companies to rotate their services for tows. The three companies were Pepe’s Tow, Patriot Tow, and South State Tow. The companies were kept in a specific order and then when a tow was needed, Police Department Dispatchers would go down the list in numerical order of tow companies. Once Dispatch would reach the bottom, they would go back to the top of the list and repeat the order.

Often, multiple tows would be needed for major incidents on the roadways such as a traffic collision. When multiple tow trucks would be needed, the Dispatchers would go down the list, keeping the order, and request a tow truck from each company until all the vehicles were accounted for.

After 2012, two out of the three tow companies were taken off the rotation list. In April 2012, it was determined Patriot Tow was inaccurately reporting fees to the Police Department, in violation of Colton Municipal Code 10.40.090 – Payment of administrative Fees to City. Then, in approximately April 2020, South State Tow went out of business and moved their location out of the city. This left the Police Department with only one towing service provider, Pepe’s Tow.

Having only one towing company could potentially limit the incentive for enhanced service quality and the motivation to deliver premier services. Additionally, as towing needs arise unexpectedly, having only one tow company increases the risk of not having immediate assistance available during peak hours, emergencies, or when the tow company’s services are already engaged. Different tow companies can offer different services. For example, some tow companies do not offer large vehicle (i.e., big rigs) towing. Having only one company may cause problems should a situation arise where the approved tow company cannot handle the tow.

On May 11, 2023, a Request for Proposal was posted on the City’s website as well as “The Network Bid System,” which is a website that allows government agencies to post invitations to bid or RFPs virtually. Private businesses can view various job postings and apply accordingly with the directions on the job post. The last day to submit a proposal for the Tow Franchise RFP was June 13, 2023. Ultimately, there were three (3) companies that submitted proposals and were considered during the selection process. The three companies were Steve’s Towing, Armada Transport, Inc. (dba Armada Towing) and Pepe’s Inc. (dba Pepe’s Towing Service). 8 Packet Pg. 161
Staff Report to the Mayor and City Council
Contract Award - PD Tow Company Selection
November 7, 2023

Based off of the proposals and qualifications, staff recommends that the City Council select Armada Towing and Pepe’s Towing Service.

Armada Towing has been incorporated since 1997. To date, Armada Towing services multiple cities throughout the Inland Empire and in the State of Texas. Notably, in the Inland Empire, the cities include the City of San Bernardino, City of Fontana, City of Rancho Cucamonga, City of Highland, and San Bernardino County Sheriff’s Department (Central, Fontana, and Grand Terrace Divisions). Armada Tow also has contracts with the California Highway Patrol (CHP) and AAA Roadside Service.

Per the City’s Towing Rules and Specifications for Non -consensual Towing Services, specifically subsection 8.1.0, the location of the business is located in the boundaries of the city of Colton. Having the business within the City limits, is beneficial because it provides the City with additional money in sales tax. This can be in part due to lien sales, vehicle releases, or even from other law enforcement agencies who have their vehicles towed to the property within the City limits.

Currently, Armada Towing’s main office location is located at 2285 E. 6 th St, San Bernardino, CA 92410. It has been agreed, provided City Council approval, should Armada Towing be awarded the City’s Tow Franchise, the business would have 90 days to purchase property within the City limits. In Armada Towing’s submission, it included two separate locations, currently available for purchase within the city limits. The first location is located at 1200 S. Jefferson Ln, Colton, CA 92324. The second potential location provided by Armada Towing is located at 280 Fogg St, Colton, CA 92324. City’s award of a Tow Franchise is contingent on Armada Towing being able to provide proof of purchase of a property in Colton to operate as a storage lot within 90 days from the date of execution of the agreement with the City.

Armada Towing has the following fleet for towing: Freightliner Flatbed (1), Freightliner MD WL (1), International MD WL (1), Hino Flatbed (13), Peterbilt HD Wrecker (1), Dodge 4500 WL (1), Isuzu Flatbed (1), Landal Trailer and International Tractor (1), Hin WL (1), Dodge 4x4 5500SLT (1)

Pepe’s Tow has been in business for over 45 years. Many of those years, it has been part of the Police Department’s rotation tow list. Pepe’s has always been reliable, dependable and arguably the quickest in their response to scenes. Pepe’s can tow everything from big rig’s/tractor trailers to small compact vehicles. Their tow trucks are able to go off of the main roadway and into the hills of La Loma or Reche Canyon, to tow vehicles in hard -to-reach areas with their 4x4 vehicles.

Currently, Pepe’s Tow services the California Highway Patrol, Rialto Police Department, Colton Police Department, BNSF Police Department, Riverside Police Department, Ontario Police Department, UPRR Police Department, Fontana School District Police Department, Fontana 8 Packet Pg. 162
Staff Report to the Mayor and City Council
Contract Award - PD Tow Company Selection
November 7, 2023

Police Department, San Bernardino Police Department, San Bernardino Valley College Police Department, and the California State University San Bernardino Police Department.

Pepe’s has multiple locations throughout the Inland Empire. One of those location is a dispatch center and storage lot for their business and is located at 2000 W. Key St, Colton, CA 92324.

FISCAL IMPACTS

The proposed 10% franchise fee does not represent a change over the current fee the City receives. The FY2023-24 budget includes all related tow franchise revenues anticipated from the proposed franchise agreements. There is no additional fiscal impact.

ALTERNATIVES

Provide alternative direction to staff.
8 Packet Pg. 163

ITEM NO. 9

STAFF REPORT

DATE: NOVEMBER 7, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE THE AWARD OF CONTRACT FOR THE PUBLIC

WORKS BUILDING RESTROOM REMODEL PROJECT TO R
DEPENDABLE CONSTRUCTION, INC. IN THE AMOUNT OF
$147,000.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve the award of contract for the Public Works Building Restroom Remodel Project to R Dependable Construction, Inc. as the lowest responsive and responsible bidder in the amount of $147,000; and

2. Authorize the City Manager to execute the contract agreement with R Dependable Construction, Inc.

BACKGROUND

The Public Works Building is located in the corporate yard and serves as offices for Public Works Engineering, Streets/Parks and Water/Wastewater staff. The building was constructed in 1990. The project scope includes renovation of the two main restrooms for field crews and office staff. These restrooms have never had any upgrades or renovations since the building was built. The scope of work includes replacement of toilet fixtures, urinals, faucets, partitions, soap dispensers, tissue and toilet paper dispenser s, painting, and construction of janitor closet and sink. The renovation will make these restrooms comply with American s with Disability Act (ADA) requirements. The contractor will also provide a portable restroom with 4 stalls for temporary use for Public Works office staff and crew s during construction. The project plan is attached as Exhibit A.
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Staff Report to the Mayor and City Council
Contract Award - R Dependable Construction, Inc.

November 7, 2023

ISSUES/ANALYSIS

In accordance with the Colton Municipal Code Section 3.08.050, a request for Notice Inviting Formal Bids for the Public Works Restrooms Project was published on August 18, 2023 and August 25, 2023. The non-mandatory pre-bid meeting and job -walk was conducted on August 31, 2023, and the bids were received and opened on September 15, 2023. The bids received are as follows:

1. R. Dependable Construction, Inc. $ 147,000.00

2. BBS Construction, Inc. $ 184,750.00

3. Preferred General. $ 199,667.74

4. Epsilon Engineering $ 224,587.00

5. U.S. Builders and Construction $ 273,000.00

Staff reviewed and evaluated each submitted bid. After review and verification of performance of R Dependable Construction, Inc.’s on-going and completed projects, staff recommends award of the construction contract (attached as Exhibit B) to R Dependable Construction, Inc., as the lowest responsive and responsible bidder, in the amount of $147,000 for the Public Works Building Restroom Remodel Project.

FISCAL IMPACTS

Sufficient appropriations for the Public Works Building Restroom Remodel Project are available in the FY2023-24 adopted budget in Building Maintenance Fund Building Account Number 605- 6150-6211-4950-0000-000.

ENVIRONMENTAL IMPACTS

Staff recommends that the Public Works Building Restroom Remodel Project be determined Categorically Exempt under California Environmental Quality Act (CEQA) Guidelines Section 15301(a) – Existing facility interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A -Public Works Restroom Remodel

2. Exhibit B - Contract - R Dependable Construction
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CONTRACT
1 CONTRACT

This CONTRACT is made this 8th day of November 2023, in the County of San Bernardino, State of California, by and between the City of Colton, hereinafter called City, and R Dependable Construction, Inc. , hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK . The Contractor shall perform all Work within the time stipulated the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:

PUBLIC WORKS BUILDING RESTROOM REMODEL PROJECT

The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within Sixty (60) calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable t axes and costs, the sum of One Hundred Forty-Seven Thousand Dollars and No Cents ($147,000.00). Payment shall be made as set forth in the General Conditions.

ARTICLE 4. LIQUIDATED DAMAGES . In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $250.00 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Contractor's Bid Forms
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Affidavit form
Contract
Performance Bond

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Attachment: Exhibit B - Contract - R Dependable Construction (4259 : Contract Award - R Dependable Construction, Inc.)

CONTRACT
2 Payment (Labor and Materials)
Bond General Conditions
Special Provisions (or Special Conditions)
Technical Specifications
Greenbook Standard Specifications (Sections 1-9 excluded) Addenda
Plans and Contract Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract

The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at Public Works Department or may be obtained online at http// www.dir.ca.gov/dlsr. and which must be posted at the job site. If the Work involves federal funds or otherwise requires compliance with the Davis-Bacon Fair Labor Standards Act, the Contractor and all its subcontractors shall comply with the higher of the state or federal prevailing wage rates.

IN WITNESS WHEREOF, this Contract has been duly executed by the above- named parties, on the day and year above written.

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CONTRACT
3 License Number
Title
Name
Signature
By:

CONTRACTOR
Title
Name
Signature
Recommended By:

City Clerk
Attest:

Title: City Manager
Name: William R. Smith
Signature
By:

CITY OF COLTON

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CONTRACT
4 Contractor Bid Submittal

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ITEM NO. 10

STAFF REPORT

DATE: NOVEMBER 7, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: AWARD AN ENGINEERING DESIGN CONTRACT TO TKE
ENGINEERING, INC. FOR THE POLICE DEPARTMENT PARKING
LOT EXPANSION PROJECT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Award a professional services agreement contract to TKE Engineering, Inc. as the most qualified consultant for the preparation of engineering design for the P olice Department Parking Lot Expansion Project in an amount of $60,523.00; and

2. Authorize City Manager to execute the agreement.

BACKGROUND

The Colton Police Department (PD) facility was built in the 1960’s. The current PD parking lot area is enclosed by wrought iron fencing that separate s the area from the City Hall parking lot.

The parking lot is being used to park patrol vehicles, tactical vehicles and equipment. It is also being used by PD personnel and staff to park their personal vehicles. The proposed plan for the parking lot expansion would provide adequate space and security for police vehicle parking and equipment, and staff’s personal vehicles.

The proposed project include s removal of approximately 100 linear feet of existing block wall, removal of trees, and clearing of grass, bushes and irrigation system. Improvements include installation of approximately 150 linear feet of new reinforced concrete split face block wall, new paved surface area of approximately 3500 square feet, installation of new access gate facing East E Street, and installation of electrical conduits for new sign and security cameras. The project will also include landscapin g facing La Cadena Drive. The proposed project was 10 Packet Pg. 196
Staff Report to the Mayor and City Council
Contract Award - TKE Engineering, Inc.

November 7, 2023

approved by the Planning Commission on June 13, 2023, for General Plan conformity. Attached as Exhibit A is the project conceptual plan and rendering.

ISSUES/ANALYSIS

On June 28, 2023, City staff released the Request for Proposal (per Colton Municipal Code Section 3.08.100 - Public Projects —Informal Bidding Procedure) for the preparation of plans, specifications and estimate for the PD Parking Lot Expansion Project . On October 13, 2022 , proposal deadline, the City received proposals from the following engineering firms:

1. TKE Engineering, Inc. $ 60,523.00

2. Engineering Resources of Southern California, Inc. $ 88,820.00

3. Webb and Associates, Inc. $139,774.00

City engineering staff evaluated the three proposals. Evaluation criteria include d firm and key personnel qualifications, similar projects design experience, work plan and technical approach, and cost competitiveness. After review and deliberation, TKE Engineering, Inc. came up as the most qualified consultant to perform work needed for the preparation of plans, specifications and estimate for the PD Parking Lot Expansion Project. TKE Engineering, Inc. similar project experience includes engineering services of various parking and park improvement projects in the cities of Fontana, Moreno Valley, Needles, and Irvine, and County of San Bernardino. The professional service agreement contract with TKE Engineering is attached as Exhibit B.

FISCAL IMPACTS

Sufficient appropriations for the PD Parking Lot Expansion Project are available in the adopted FY2023-24 budget in Building Maintenance Fund building expenditure account number 605 - 6150-6211-4950-0000-000.

ENVIRONMENTAL IMPACTS

PD Parking Lot Expansion Project is Categorically Exempt under the California Environmental Quality Act (CEQA) – Article 19, Section 15301, Class 13 (Existing Facilities).

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - Police Department Parking Expansion Site plan and Rendering

2. Exhibit B -TKE Professional Service Agreement
10 Packet Pg. 197

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23152.06000\30453088.2 1

CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is m ade and entered into this 8 th day of November 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 92324 ("City") and TKE Engineering, Inc . a corporation, with its principal place of business at 2305 Chicago Ave., Riverside, CA 92507 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing e ngineering, design consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional engineering design and environmental services for the PD Parking Lot Expansion Project ("Project") as set forth in this Agreement.

3. T
ERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and i ncidental and customary work necessary to fully and adequately supply the professional engineering design consulting services for the PD Parking Lot Expansion Project ( "Project"). The scope of services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from 180 calendar days upon issuance of the Notice to Proceed , unless earlier terminated as provided herein . Consultant shall complete the Project 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 Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Consultant or under its supervision. Consultant will determine the

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means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant s hall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements . All work prepared by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel . Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Terry Renner, P.E., Senior Vice President

3.2.5 City's Representative. The City hereby des ignates Brian Dickinson, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and t o execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.6 Consultant's Representative. Consultant hereby Terry Renner , P.E. , Project Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority

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to represent and act on behalf of the Consultant for all purposes under this Agr eement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to t he adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re -employed to perform any of the Services or to work on the Project.

3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).

Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.2.10 Laws and Regulations ; Employee/Labor Certification. Consultant shall keep itself fully 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. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10.1 Employment Eligibility; Consultant . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state

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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 f rom time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.

Consultant also verifies that it has not c ommitted 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. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.

3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub- subcontractors and Subconsultants . To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors , consultants, sub- subcontractors or subconsultants to meet any of the requirements provided for in Sections

3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section

3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.10.4 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.10.5 Air Quality . To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel - powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable

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laws, rules and/or regulations by Consultant, its sub-consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applic able local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, 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.

3.2.11 Insurance.

Time for Compliance . Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this Section.

3.2.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants.

Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at 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. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability

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limits $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant 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 Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.

3.2.11.3 Professional Liability . Consultant shall procure and maintain, and require its sub- consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. Defense costs shall be paid in addition to the limits.

3.2.11.4 Insurance Endorsements . The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and completed operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self -insurance shall be called upon to protect it as a named insured. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the mini mum limits set forth in Section

3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(A).
(B) Automobile Liability . The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, 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 Consultant or for which the Consultant 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

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excess of the Consultant’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B). (C) Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages . Each i nsurance 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.

3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Consultant or o thers providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.2.11.6 Deductibles and Self -Insurance Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

3.2.11.7 Subconsultant Insurance Requirements. Consultant shall not allow any subcons ultants 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 Consultant, the City may appr ove different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

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3.2.11.8 Acceptability of Insurers . Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.2.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authori zed 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.

3.2.11.10 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.2.12 Water Quality Management and Compliance.

3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.

3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and sto rm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.

3.2.12.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations an d polici es described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.

3.2.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.14.2 of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in

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connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Sixty Thousand Five Hundred Twenty Three Dollars and No Cents ($60,523.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided si nce the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.

3.3.4 Extra Work . At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California

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Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant s hall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Cons ultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.

3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Accounting Records.

3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

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3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.6.1.2 Effect of Termination . If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: TKE Engineering, Inc.
2305 Chicago Ave.

Riverside, CA 92507
Attn: Michael P. Thornton, P.E., P.L.S., M.S., President

City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
Attn: Brian Dickinson, PW/Utility Director
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall

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be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establi sh where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant m akes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.6.3.3 Right to Use . City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without em ploying the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re- use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, emplo yees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without t he prior written consent of City, be used by Consultant for any

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purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.6.4 Cooperation; Further Acts . T he Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.5 Indemnification.

3.6.5.1 To the fullest extent permitt ed by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers , employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.5.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the

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parties with respect to the subject matter he reof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.6.7 Governing Law; Government Code Claim Compliance. This 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, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the 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 Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.6.11 Assignment or Transfer . Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.14 Waiver. No waiver of any default shall 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.

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3.6.15 No Third -Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economi c 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.

3.6.18 Authority to Enter Agreement. Consultant 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.

3.6.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6.20 Federal Provisions. When funding for the Services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit “A -1” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control

3.7 Subcontracting.

3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND TKE ENGINEERING, INC.

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 8th day of November 2023.

CITY OF COLTON TKE Engineering, Inc., a Corporation

By: ____________________________ By: _________________________ William R. Smith Name:

City Manager Title:

Attest:

____ By: _________________________
City Clerk Name:

Title:

Approved as to Form:

______________________________
Best Best & Krieger LLP
City Attorney

EXHIBIT "A"

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SCOPE OF WORK
(Per detail work plan of TKE Engineering Inc. proposal dated July 13, 2023) Task no. 1 - Initial ‘Kick Off’ Meeting
Prior to commencement of services, TKE’s Project Manager will meet City staff to review project obligations and to discuss all project requirements in detail.

In addition, TKE will provide the City with monthly progress reports in Microsoft Project on the first week of each month. Also included is additional coordination meeting time for up to 15 meetings, as requested by the City.

Task no. 2 - Records Research
Thoroughly research existing utility records and acquire copies of all available records. The purpose of the records research is to assemble survey records to establish locations of street centerlines, street rights -of-way, and easements and determine locations of all existing utilities and improvements. The research will consist of assembling c opies of assessors’ maps, tract maps, parcel maps, easement documents, monument ties, benchmark data, corner records, street improvement plans, and utility drawings. We will request the City provide copies of available pertinent City records, such as survey ties, benchmarks, and street, sewer, storm drain and/or water improvement plans.

We will notify Underground Service Alert to acquire a complete list of underground utility purveyors. The utility drawings will include existing drawings from the City, and drawings and/or atlas maps from all private utility companies, and/or agencies. We will confer and coordinate with the following agencies as well as any additional agencies listed in the Underground Service Alert:

• Southern California Public Power Authority
• Frontier
• AT&T and SBC Phone Service
• Sprint
• Southern California Gas Co.,
• Spectrum
Send first utility notice letters to all listed utility companies and agencies requesting their data.

We will maintain copies of the letters and correspondence for future reference. We shall also provide the City with a complete copy of all correspondence with all utility companies.

Task no. 3 - Design Survey
TKE will conduct conventional design surveys of the project area due to the level of detail needed for prec ise grading design. Our field survey crews will collect appropriate detail as required including 50-foot cross sections for surrounding streets and proposed parking area, grades, trees over 2- inches in diameter, buildings, walkways, sidewalks, driveways, curbs, gutters, cross gutters, fire hydrants, water valves, manholes, water meters, signs, street lights, power poles, fences, structure, traffic signal poles and all other visible features.

Our crews will set 100-foot stationing along street centerlines and measure existing topography at as needed to provide sufficient level of detail for precise design. The crew will also measure invert, top of cone and rim elevations for all existing manholes in the project area and invert and rim elevations for all drainage facilities. The crew will set temporary benchmarks within the project limits and each will be shown on the drawings.

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Task no. 4 - Base Construction Drawings
Prepare the base construction drawings on 24” by 36” sheets with the City’s standard title block using AutoCAD 2021 software, at a drawing scale of 1”=20’. The base construction drawings will include a plan view based on the accumulated conventional survey data. We will add the sheet north arrow, graphic scale, existing improvements and utilities (based on both assembled records and field data), property lines, public and private right -of-way, easement areas, assessor parcel numbers, street centerline, street names, building locations, water service location; sewer manhole lids and water valve lids; cross gutters; driveways, pedestrian ramps; traffic stripes and legends; curb returns; details of private improvements, fences, gates, irrigation systems, mailboxes, trees and landscaping, and survey data to the drawings. Once the base drawings are complete, we will perform a careful field review to ensure all underground facilities are shown correctly.

Task no. 5. - 45% Preliminary Plans
Prepare a parking master layout for the Colton Police Parking Lot Expansion. The master layout will attemp t to use all available areas to maximize parking while being consistent with site circulation needs and emergency vehicle access. Using the data accumulated during our design survey and the aforementioned base construction drawings, parking layouts will be prepared. In addition, we will have landscape and lighting schemes to coordinate with existing parking lot themes. Landscape theme will include a typical site section/elevation showing landscape and hardscape treatment, plant palette, materials and col ors. Each alternative will include a preliminary cost estimate. A preliminary utility relocation plan will be provided showing potential facilities requiring relocation.

Task no. 6. - Presentation to City Staff
After completing alternative development and after landscape and lighting themes have been established, we propose to present the alternatives to the City. The presentation will include sufficient handout details to properly advise staff of each alternative, the number of spaces each alternative provides, estimated construction costs, circulation advantages and disadvantages and the recommended alternative.

Upon completion of the presentation, we anticipate receiving City comments for their desired alternative. We will note all comments and assemble a list of minutes for distribution to meeting attendees.

Task no.7 - 75% Design plan
For the drawings, we will prepare a title sheet, construction notes sheet, demolition plan sheet, survey control sheet, grading sheet, storm drain sheet, landscape and irrigation sheets, electrical, lighting and conduit sheets, and necessary detail sheets.

The title sheet shall include the title of the job, a vicinity map showing the City in relationship to surrounding communities, a location map showing the project limits, a list of abbreviations used, benchmark data, general notes, construction notes and quantities, an index for the drawings, list of utilities with phone numbers, and references on the City’s standard title block.

The construction note sheet will sho w general construction notes and project specific requirements.

The demolition sheet will show existing improvement demolition including, limits of pavement removal, detention basin removal, saw cutting locations and limits and concrete cross gutters and curbs, if required trees and other landscaping. In addition, the plan will specify relocation of private utilities and improvements and any service abandonments and all facilities and landscaping requiring preservation.

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Grading plan sheet will show f inal grades for all areas where improvements will be constructed together with sufficient detail for connecting to existing improvements. Quantities for construction of the improvements will be specified and backup provided to the City for quantity verification.

Landscape sheets will show all proposed plantings including trees, shrubs, groundcover, etc.

Landscaping shall screen trash enclosures and other improvements. In addition, plans will show hardscape layouts, garden walls, sidewalks, paths, etc.

Electrical, security and lighting shall be designed for street, parking, pedestrian, and plaza areas.

Lighting and conduit sheets will show all conduit systems for lighting, IT, and future security systems, signal, data, telephone, life safety electrical s ystems, connection to existing panels, California Title 24 requirements and necessary details and specifications for construction.

Electrical sheets will show all circuits, generators, panel schedules, lighting schedules and necessary details and specifications for construction. Details include lighting fixture specification such as types and dimensions.

For the specifications, we will amend the City Standards Technical Provisions as required for the projects. The construction specifications will be prepared in Microsoft Word (2010 Version) format in accordance with City standards.

In addition, we will prepare quantity estimates for all proposed improvements prepared using an excel spreadsheet showing an itemized construction cost breakdown. Descriptions of work, unit prices, and quantities will be included in the spreadsheet.

A complete submittal of drawings specifications and estimates will be provided to the City.

Task no. 8 - 75% Design Review Meeting
After the City has completed its review of the 75% design, we will meet with City staff to acquire Staff’s comments.

Task no. 9 - Coordination with Utilities
After preliminary design is complete, plans will be sent to agencies having facilities in the project areas requesting that they verify their facilities are shown correctly and that they furnish any construction requirements they desire. In particular, water utility system abandonment requirements will be presented. We will highlight each agency’s facilities and advise each of potential conflicts and relocation/abandonment requirements. We will request that they respond within two weeks and we will follow up with telephone calls to confirm all agency requirements have been incorporated. We will document all conferences with utilities and agenci es and copy the City of the correspondence.

Task no. 10 - 90% Design plan
90% design will include incorporation of City comments, plans, specifications, estimates, drainage facilities design, water quality improvements design, and any other issues requiri ng inclusion. 90% design will be submitted with a project summary memorandum together with an updated project schedule, and plan review documentation.

Task no. 11 - 90% Design Review Meeting
After the City has completed its review of the 90% design contract documents, we will meet with City staff to acquire Staff’s comments.

Task no. 12 - 100% Final Design
Final design will include incorporation of City comments, final plans, specifications, estimates, drainage facilities design, final water quality improvements design, and any other issues requiring

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inclusion. Final design will be submitted with a project summary memorandum together with an updated project schedule, and plan review documentation.

Task no. 13 - Final Coordination with Utilities
After the final drawings are approved by the City, we will again submit them to all utilities having underground facilities in the project area requesting that they verify their facilities are shown correctly and we will advise them of the project construction schedule and relocation requirements. In addition, we will coordinate final relocation construction prior to project bidding.

We will document all meetings and conferences with utilities and agencies.

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EXHIBIT "A-I"

FEDERALLY REQUIRED PROVISIONS FOR SERVICES
(Not Applicable)

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EXHIBIT "B"

SCHEDULE OF SERVICES
180 Calendar Days upon issuance of the Notice to Proceed, a detailed schedule for engineering design, estimate, specifications and construction bid support will be submitted upon issuance of Notice to Proceed

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EXHIBIT "C"

COMPENSATION
The total compensation is Not to Exceed Amount of $60,523.00 with the following breakdown on the next page

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Total
Task No. Task Hours $ Hours $ Hours $ Hours $ Hours $ Hours $ $ $ 1 2 340$ 2 320$ -$ -$ 1 90$ -$ 750$ 2 Records Research -$ 2 320$ -$ 8 1,040$ 4 360$ -$ 1,720$ 3 Design Survey -$ -$ 2 340$ -$ -$ 8 2,000$ 2,340$ 4 Base Construction Drawings 2 340$ 2 320$ -$ 24 3,120$ -$ -$ 3,780$ 5 45% Preliminary Plans 2 340$ 4 640$ -$ 8 1,040$ -$ -$ 2,020$ 6 Presentation to City Staff 4 680$ 4 640$ -$ 2 260$ 2 180$ -$ 1,760$ 7 75% Design Plans 8 1,360$ 16 2,560$ -$ 40 5,200$ 16 1,440$ -$ 16,253$ 26,813$ 8 75% Design Review Meeting 2 340$ 2 320$ -$ -$ 1 90$ -$ 750$ 9 Coordination With Utilities -$ 2 320$ -$ 8 1,040$ 4 360$ -$ 1,720$ 10 90% Design 4 680$ 8 1,280$ -$ 24 3,120$ 8 720$ -$ 3,251$ 9,051$ 11 90% Design Review Meeting 2 340$ 2 320$ -$ -$ 1 90$ -$ 750$ 12 Final Design 2 340$ 4 640$ -$ 16 2,080$ 4 360$ -$ 2,167$ 5,587$ 13 Final Coordination With Utilities -$ 2 320$ -$ 8 1,040$ 4 360$ -$ 1,720$ Subtotal: 28 4,760$ 50 8,000$ 2 340$ 138 17,940$ 45 4,050$ 8 2,000$ 21,670$ 58,760$ Reimbursables (@3%)1.): 1,763$
Rates: Total: 60,523$
Project Manager 170$ /HR Notes: Rounded Total: 60,523$ Project Engineer 160$ /HR 1.) Reimbursables Include Cost for Prints, Copies, Mileage, Etc.

Director of Survey 170$ /HR 2.) Subconsultant Fees for Structural, Lighting, and Landscape Assistant Engineer/Designer 130$ /HR
Clerical 90$ /HR
2-Man Survey Crew 250$ /HR TKE Engineering, Inc.

Initial Kick Off Meeting
Survey Crew
Design
City of Colton
Police Parking Lot Expansion
Assistant
Engineer/Designer
Consulting Engineering Fee
Project Manager Project Engineer Clerical Dierctor of Survey

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ITEM NO. 11

STAFF REPORT

DATE: NOVEMBER 7, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE PROGRAM SUPPLEMENT AGREEMENT NO. 00000A297 FOR THE HSIP CYCLE 11 – CROSSWALK IMPROVEMENT
PROJECT, RESOLUTION NO. R-97-23 & R-98-23.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Authorize the execution of Program Supplement Agreement No. 00000A297 (Exhibit A) to the Administering Agency-State Agreement No. 08 -5065S21 with Caltrans for Highway Safety Improvement Program (HSIP) Cycle 11/Crosswalk Improvement Project - HSIPSL- 5065(033); and

2. Approve Resolution R -98-23 (Exhibit B) amending the Fiscal Year 2023/2024 Capital Improvement Program budget for the Project; and

3. Approve Resolution No. R-97-23 (Exhibit C) authorizing the City Manager or his designee to execute the Program Supplement Agreement No. 00000A297 including any future amendments.

BACKGROUND

On September 8, 2022, the City submitted a project application to Caltrans for Highway Safety Improvement Program (HSIP) funding. The project includes improvement s to four (4) existing crosswalks. HSIP funding is one of the federal and state programs that provide funding for safety of streets and highways. The purpose of the HSIP program is to achieve a significant reduction in traffic accidents, fatalities and serious injuries on all public roads, including local streets and roads on tribal land.

11 Packet Pg. 225
Staff Report to the Mayor and City Council
Funding Agreement - HSIP Crosswalk Project
November 7, 2023

ISSUES/ANALYSIS

On March 9, 2023, the City received approval from Caltrans allocating State funding in the amount of $183,060 for the HSIP Cycle 11 – Crosswalk Improvement Project (Exhibit D). The grant requires a 10% local match cost in the amount of $20,340. The total project cost is $203,400. The project will install push button activated solar Rectangular Rapid Flashing Beacons (RRFB) on four (4) existing crosswalks. The scope of work also includes installation of traffic signs, and thermoplastic striping and legends. These crosswalks are identified for RRFB installation in Colton’s Local Road Safety Plan (LRSP) adopted by the City Council on April 4, 2023. Attached as Exhibit E is the project vicinity map and conceptual plan. The locations of the crosswalks are listed below:

1. Along Valley Blvd at intersection of 4th Street

2. Along Valley Blvd at intersection of Pennsylvania Ave.

3. Along Rancho Ave. at intersection of B Street.

4. Along La Cadena Dr. at intersection of Fogg St.

On September 11, 2023, the City received Program Supplement Agreement No. 00000A297. In order to proceed with the project, the City needs to execute Program Supplement Agreement No. 00000A297 for the HSIP Cycle 11 – Crosswalk Improvement Project. Program Supplement Agreement No. 00000A297 identifies the funding commitment and responsibility for the State and Local Agency. The execution of the agreement between the City and Caltrans is necessary prior to reimbursement of the State funding allocated for this Project.

FISCAL IMPACTS

Approval of Resolution R-98-23 will:

▪ Increase revenues by $183,060 in Miscellaneous Grants Fund Account Number 225-5886- 002 to accept the allocated State funding; and,
▪ Appropriate $203,400 in the FY2023-24 budget for the project in the following expenditure accounts for the Crosswalk Improvement Project (Preliminary Engineering Phase and Construction Phase):

1. HSIP Grant/Account No. 225-2463-6150-3890 -0000 $183,060

2. Traffic Impact Fee/Account No. 249-2463-6150-3890 -0000 $ 20,340 Total Funding $203,400

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT
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Staff Report to the Mayor and City Council
Funding Agreement - HSIP Crosswalk Project
November 7, 2023

1. Exhibit A - Program Supplement Agreement 5065-033

2. Exhibit B - Resolution Amending Budget FY23_24

3. Exhibit C- Resolution Authorizing Signatory for Program Supplement Agreement

4. Exhibit D - Funding Approval - HSIP cycle 11 Colton

5. Exhibt E- Vicinity Map and Conceptual Plan
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00000A297
FOR STATE FUNDED PROJECTS NO 08-5065S21
0824000073
September 21, 2023
08-SBD-0-COL
HSIPSL-5065(033)
5065
This Program Supplement, effective 09/11/2023, hereby adopts and incorporates into the Administering Agency-State Agreement No. 08-5065S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 04/25/2022 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached).

The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages.

Intersection of La Cadena Dr./ Fogg St., Valley Blvd./ 4th St., Valley Blvd./ Pennsylvania Ave., and Rancho Ave./ B St
Bike Path 0.0(MILES)
State FundsEstimated Cost Matching Funds

CITY OF COLTON
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:

Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to

ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:

Location:

Project Number:

E.A. Number:

Locode:

PROJECT LOCATION:

TYPE OF WORK: LENGTH:

LOCAL OTHER
$22,500.00 $2,250.00 $0.00
Chief, Office of Project Implementation

STATE OF CALIFORNIA
Department of Transportation
$20,250.00
$20,250.00STATE
1 Page of 3Program Supplement 08--506-A297- SERIAL
9/21/2023

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SPECIAL COVENANTS OR REMARKS
08-SBD-0-COL
HSIPSL-5065(033)

1. A. This PROJECT has received STATE funds from Highway Safety Improvement Program (HSIP). The ADMINISTERING AGENCY agrees to administer the PROJECT in accordance with the Highway Safety Improvement Program (HSIP) Guidelines, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT.

B. The STATE funds for this PROJECT may be provided under one or more phases, which are Preliminary Engineering (PE), Right-of-Way (R/W) and Construction (Con).

A phase-specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the phase identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per phase. Unless otherwise determined, the effective date of the phase-specific allocation will constitute the start of reimbursable expenditures for the phase. The STATE funds available for reimbursement will be limited to the amount allocated by the STATE for the phase.

C. At the time of the first fund allocation approval for the Project, this PROGRAM SUPPLEMENT, a STATE-approved Allocation Letter and STATE Finance Letter are prepared to allow reimbursement of eligible PROJECT expenditures for the phase allocated.

D. STATE and ADMINISTERING AGENCY agree that any additional fund allocations made after the execution of this PROGRAM SUPPLEMENT, for the phase that has been authorized in the first fund allocation approval or for a new phase, will be encumbered on this PROJECT by use of a STATE-approved Allocation Letter and a STATE Finance Letter and are subject to the terms and conditions thereof.

E. This PROJECT is subject to the delivery requirements enacted by the HSIP guidelines. The delivery requirements may be accessed at: https://dot.ca.gov/programs/local-assistance/fed- and-state-programs/highway-safety-improvement-program/delivery-requirements-status- approved-projects.

F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase.

G. The ADMINISTERING AGENCY shall invoice STATE for PE, R/W and CON costs no later than 180 days after the end of expenditure the phase. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor, prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and
2Page of 3Program Supplement 08--506-A297- SERIAL

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Attachment: Exhibit A - Program Supplement Agreement 5065-033 (4261 : Funding Agreement - HSIP Crosswalk Project)

SPECIAL COVENANTS OR REMARKS
08-SBD-0-COL
HSIPSL-5065(033)
payment.

H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM provisions.

I. ADMINISTERING AGENCY agrees to comply with the requirements in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (applicable to Federal and State Funded Projects).

J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to provide the STATE, upon request, with the information related to the PROJECT for the purpose of project evaluation or other purposes.

K. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the State. Any changes to the approved PROJECT scope without the prior expressed approval of the State are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement. 3Page of 3Program Supplement 08--506-A297- SERIAL

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Attachment: Exhibit A - Program Supplement Agreement 5065-033 (4261 : Funding Agreement - HSIP Crosswalk Project)

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RESOLUTION NO. R-98-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLT ON AMENDING THE FISCAL YEAR 2023/2024 CAPITAL IMPROVEMENT
BUDGET.

WHEREAS, the City intends to support the City’s goal to improve the City’s traffic safety and infrastructure; and

WHEREAS, the City intends to improve existing crosswalk at the intersections of Valley Blvd./4th St., Valley Blvd./Pennsylvania Ave., Rancho Ave./B St. and La Cadena /Fogg St.; and

WHEREAS, the City of Colton received Highway Safety Improvement Program (HSIP) funding through Caltrans in the amount of $ 183,060 for HSIP Cycle 11 funded – Crosswalk Improvement Project - HSIPSL-5065(033); and

WHEREAS, the total cost of the Project is $203,400 and HSIP grant requires 10% local match in the amount of $20,340 to be funded through Traffic Impact fund; and

WHEREAS, a budget appropriation not listed in the Fiscal Year 2023/2024 budget is required and must be approved by resolution of the City Council.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF COLTON, AS FOLLOWS:

Section 1 The Recital s preceding in this Resolution are true and correct and are incorporated into this Resolution by reference.

Section 2 The City Council authorizes the following amendment for the Fiscal Year 2023/2024 budget:

 Increase revenues by $183,060 in account number 225-5886-002;

 Appropriate $183,060 in account number 225-2463-6150-3890-0000-000 for HSIP Cycle 11 – Crosswalk Improvement Project - HSIPSL-5065(033);

 Appropriate $20,340 from reserve balance in Traffic Impact Fund to account number 249-2463-6150-3890-0000-000 for the preparation of HSIP Cycle 11 – Crosswalk Improvement Project - HSIPSL-5065(033).

PASSED, APPROVED AND ADOPTED THIS 7th DAY OF NOVEMBER 2023.

________________________________
FRANK J. NAVARRO
Mayor

ATTEST:

_____________________________
Stephanie Vargas
City Clerk

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Attachment: Exhibit B - Resolution Amending Budget FY23_24 (4261 : Funding Agreement - HSIP Crosswalk Project)

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RESOLUTION NO. R-97-23

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON,

AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE ADMINISTERING AGENCY-STATE AGREEMENT NO. 08-5065S21 AND THE PROGRAM SUPPLEMENT AGREEMENT NO. 00000A297 WITH CALTRANS FOR THE HSIP CYCLE 11 – CROSSWALK IMPROVEMENT PROJECT - HSIPSL-5065(033).

WHEREAS, the City intends to support the City’s goal to improve the City’s traffic safety and infrastructure; and

WHEREAS, the City of Colton has received a Highway Safety Improvement Program (HSIP) Cycle 11 – Crosswalk Improvement Project - HSIPSL-5065(033); and

WHEREAS, the City of Colton has received authorization from Caltrans to proceed with the Preliminary Engineering for the HSIP Cycle 11 – Crosswalk Improvement Project - HSIPSL- 5065(033); and

WHEREAS, the State requires that the Administering Agency -State Agreement No. 08 - 5065S21 and Program Supplement Agreement No. 00000 A297 be fully executed by the City and the State before any invoices for reimbursement can be processed; and

WHEREAS, the State requires that the City adopt and attach a resolution identifying the Project and the official authorized to execute the Administeri ng Agency-State Agreement No. 08-5065S21 and Program Supplement Agreement No. 00000A297.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF COLTON, AS FOLLOWS:

Section 1 The Recital s preceding in this Resolution are true and correct and are incorporated into this Resolution by reference.

Section 2 The City Council of the City of Colton does hereby authorize the City Manager or his designee to execute Administering Agency -State Agreem ent No. 08 -5065S21 and Program Supplement Agreement No. 00000 A297 for the HSIP Cycle 11 – Crosswalk Improvement Project - HSIPSL-5065(033).

PASSED, APPROVED AND ADOPTED THIS 7th DAY OF NOVEMBER 2023.

________________________________
FRANK J. NAVARRO
Mayor

ATTEST:

_____________________________
Stephanie Vargas
City Clerk

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Attachment: Exhibit C- Resolution Authorizing Signatory for Program Supplement Agreement (4261 : Funding Agreement - HSIP Crosswalk

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Attachment: Exhibit D - Funding Approval - HSIP cycle 11 Colton (4261 : Funding Agreement - HSIP Crosswalk Project)

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Attachment: Exhibit D - Funding Approval - HSIP cycle 11 Colton (4261 : Funding Agreement - HSIP Crosswalk Project) D e C a r m e nDr
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Rancho Ave/B St.

Valley Blvd./Pennsylvania Ave.Valley Blvd./4th St.

La Cadena Dr./Fogg St.
- Intersection /Project Location
Project Vicinity Map

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Attachment: Exhibt E- Vicinity Map and Conceptual Plan (4261 : Funding Agreement - HSIP Crosswalk Project)

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Attachment: Exhibt E- Vicinity Map and Conceptual Plan (4261 : Funding Agreement - HSIP Crosswalk Project)

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Attachment: Exhibt E- Vicinity Map and Conceptual Plan (4261 : Funding Agreement - HSIP Crosswalk Project)

ITEM NO. 12

STAFF REPORT

DATE: NOVEMBER 7, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE NOTICE OF COMPLETION (NOC) FOR THE I-10 FREEWAY 9TH STREET UNDERPASS LIGHTING PROJECT WITH
PTM GENERAL ENGINEERING SERVICES, INC.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Authorize the execution and recordation of the Notice of Completion (NOC) for the I-10 Freeway/9th Street Underpass Lighting project with PTM General Engineering Services, Inc.

BACKGROUND

PTM General Engineering Services, Inc. completed the I -10/9th Street Underpass Lighting Project that provided lighting on the west side of the underpass. The project is complete to the satisfaction of the project manager.

ISSUES/ANALYSIS

On October 04, 2022, the City council awarded PTM General Engineering Services, Inc. a contract for $116,016.00 to install lighting on the west side of the I -10 Freeway/9 th Street Underpass.

On February 7, 2023, the City Council authorized Change Order No. 1 to account for necessary changes to proposed electrical points of connection and meter service pedestal in the amount of $9,840.00. Change Order No. 1 reflected an 8.48% increase in the total contract amount , increasing total compensation to $125,856.00.

12 Packet Pg. 238
Staff Report to the Mayor and City Council
Notice of Completion - I-10 Freeway Lighting Project
November 7, 2023

The project was completed in March 2023 per contract documents and specifications and to the satisfaction of the Project Manager.

FISCAL IMPACTS

Filing the Notice of Completion does not have an additional fiscal impact. The total contract amount for the I -10 Freeway/ 9 th Street Underpass Lighting Project with PTM General Engineering Services, Inc. was $125,856.00 , including Change Order No. 1. The project was funded from the following sources:

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - Notice of Completion
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RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO

Name: City of Colton

Street 650 N. La Cadena Drive
Address

City & Colton, California
State California
Zip 92324

APN: 0163-041-38-0000 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 PTM General Engineering Services, Inc.

The kind of work done or material furnished was underpass lighting.

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: I-10 Freeway/ 9th Street Underpass Lighting Project.

The street address of the said property is 160 S. 10 St. Colton, CA 92324-2897

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)

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Attachment: Exhibit A - Notice of Completion (4187 : Notice of Completion - I-10 Freeway Lighting Project)

ITEM NO. 13

STAFF REPORT

DATE: NOVEMBER 7, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE NOTICE OF COMPLETION (NOC) FOR THE SOUTH LA

CADENA DRIVE SIDEWALK IMPROVEMENT PROJECT WITH
D.M. CONTRACTING, INC.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

That the City Council authorize the execution and recordation of a Notice of Completion (NOC) for the South La Cadena Drive Sidewalk Improvement Project with D.M. Contracting, Inc.

BACKGROUND

The completed development at the southwest corner of La Cadena Drive and Tropica Rancho Road left a sidewalk gap along the west side of La Cadena Drive between Tropica Rancho Road and Litton Avenue. This project, the South La Cadena Drive Sidewalk Improvement Project, which included the installation of concrete sidewalk and retaining wall, bridged the sidewalk gap.

ISSUES/ANALYSIS

On November 15, 2022, the City Council awarded D.M. Contracting, Inc. a contract in the amount of $326,600 for the construction of the South La Cadena Drive Sidewalk Improvement Project.

On September 20, 2023, the City Manager authorized Change Order No. 1 in the amount of $16,240.00 to construct an ADA handicap ramp.

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Staff Report to the Mayor and City Council
Notice of Completion - South La Cadena Drive Sidewalk Improvement Project November 7, 2023