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
Chief Deputy City Clerk Stephanie M. Vargas
AGENDA
CITY COUNCIL,
COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,
COLTON HOUSING AUTHORITY
REGULAR MEETING
TUESDAY, NOVEMBER 5, 2024 – 6:00 P.M.
CITY HALL, COUNCIL CHAMBERS
CLOSED SESSION - 5:00 p.m.
NO CLOSED SESSION
RULES OF DECORUM
To help conduct the business of the City Council in an orderly fashion, the City Council has ado pted 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. Gener ally, 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.
2 OPEN SESSION
6:00 P.M.
OPEN SESSION CALLED TO ORDER
INVOCATION Pastor Johnny De La Rosa - Echoes of Love Ministry FLAG SALUTE Veterans of Foreign Wars (VFW) Vietnam Veteran Tom Leon
ROLL CALL
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
Presentation - Supervisor Joe Baca Jr.
Recognition - Fiesta Village 50th Anniversary Celebration Recognition - 2023 Police Officer of the Year - David Perez Recognition - Hometown Heroes Program - New Military Banner Installation
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 o r as a separate writing filed with the city. (CMC Section 2.04.030) AB 1234 ORAL REPORTS
Members of the City Council shall provide brief reports on meetings attended at the expense of the city. (GC Section 53232.3(d))
APPOINTMENTS
MAYOR AND COUNCIL DISCUSSION ITEMS
PUBLIC HEARINGS
There are no Public Hearing items.
BUSINESS ITEMS
There are no Business items.
3 PUBLIC COMMENT Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments regarding Consent Calendar items and other general comments about matters not on the agenda; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meeting. The Council is prohibited by law from discussing or taking immediate action on items during this public comment period.
Persons desiring to submit paperwork to the City Council Members shall provide a 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.
(1) Minutes - Approval of Minutes for the City Council Regular Meeting Held on October 15, 2024, on File in the Office of the City Clerk.
[Staff Person: Stephanie M. Vargas]
(2) Warrants - Approve voucher numbers 215076 to 215128 dated 09/26/2024 and totaling $91,865.42; vouchers numbers 215129 to 215210 dated 09/30/2024 and totaling $92,301.34; replacement checks 215213 to 215215 and totaling $3,068.31; vouchers numbers 215211 to 215342 dated 10/03/2024 and totaling $1,308,302.95; vouchers numbers 215343 to 215458 dated 10/10/2024 and totaling $801,209.62; wires dated 10/13/24 totaling $3,704,374.28 and payroll disbursement listing dated 08/31/20 24 to 09/13/2024 and totaling $1,270,184.28.
[Staff Person: Stacey Dabbs]
(3) Contract Amendment - KOA Corporation (Lochner Company) - Approve Amendment No. 3 for the KOA Corporation Professional Service Agreement for the Reche Canyon Road Realignment to H unts Lane Project.
[Staff Person: Robert DeLoach]
(4) Contract Award - Performance Construction & Painting - Approve Contract Award to Performance Construction & Painting for the Library Restroom Remodel Project. [Staff Person: Robert DeLoach]
(5) Grant - Office of Traffic Safety (OTS) - Approve and Adopt a Resolution Accepting Office of Traffic Safety Grant for FY 24/25, RESOLUTION NO. R-111-24.
[Staff Person: Anthony Vega]
(6) Notice of Completion - Corporate Yard Block Wall Project - Approve Notice of Completion for the Corporate Yard Block Wall Project.
[Staff Person: Robert DeLoach]
(7) Ongoing Emergency - AMPP - Affirm Ongoing Emergency at Agua Mansa Power Plant. [Staff Person: Charles Berry]
4 (8) Second Reading of Ordinance No. O-16-24 - Approve Second Reading of an Ordinance of the City Council of the City of Colton, Amending Resolution R-15-00 on Personnel Rules and Regulations for the City of Colton and Repealing in it's Entirety Ordinances and Resolutions Previously Referenced in Resolution R -15-00, ORDINANCE NO. O-16-24.
[Staff Person: Stephanie M. 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
5 I, Stephanie Vargas, the Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted , at least seventy-two (72) hours prior to the meeting per Government Code 54954(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 Dep uty 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 issu es 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 enfor ce 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 ad dressed 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 it em 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 b y 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.
6 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 rais ing 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 5, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, CHIEF DEPUTY CITY CLERK
SUBJECT: APPROVAL OF MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD ON OCTOBER 15, 2024, 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 15, 2024.
BACKGROUND
Minutes for the City Council Regular Meeting Held on October 15, 2024.
FISCAL IMPACTS
None
ATTACHMENT
1. 10-15-24 Draft Minutes
1 Packet Pg. 7
October 15, 2024 Regular City Council Meeting 1 -
CITY COUNCIL/COLTON UTILITY AUTHORITY/
COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY
REGULAR MEETING MINUTES
October 15, 2024
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 Council Members Toro, Chastain, González, and Mayor Navarro; Mayor Pro Tem Echevarria was absent.
STAFF PRESENT
City Manager Smith, City Attorney Campos, and Chief 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 REAL PROPERTY NEGOTIATORS
Property: APNs 0163-086-02-0000, 0163-086-03-0000, 0163- 086-04-0000, 0163-086-06-0000, 0163-086-07-0000, 0163-086- 08-0000,
0163-086-09-0000, 0163-086-10-0000, 0163-086-11- 0000,
0163-086-12-0000, 0163-086-15-0000, 0163-087-01- 0000,
0163-087-02-0000 and 0163-087-04-0000
Agency Negotiator(s): William R. Smith, City Manager and Thomas Welch, Economic Development Manager
Negotiating Parties: Jose Olivares
Under Negotiation: Price and Terms of Payment
Mayor Navarro adjourned the meeting to Closed Session at 5:01 p.m. and at 6:00 p.m., the meeting reconvened with all members being present.
City Attorney Reports/Reportable Action
City Attorney Campos announced that the City Council met in Closed Session and discussed Item A; direction was given, but there was no reportable action.
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Attachment: 10-15-24 Draft Minutes (4719 : Draft Minutes 10-15-24) October 15, 2024 Regular City Council Meeting 2 -
October 15, 2024
Regular Meeting held on the above -given date at 6 :00 p.m. in the Council Chamber of City Hall, with Mayor Navarro presiding.
INVOCATION: Pastor Peter Tasaka – The Vineyard Church
FLAG SALUTE: Veterans of Foreign Wars (VFW) Commander Bernie Moyeda
CITY COUNCIL ROLL CALL
Council Members Present Staff Present
Frank J. Navarro, Mayor William R. Smith, City Manager David J. Toro Carlos Campos, City Attorney
Kelly J. Chastain Stephanie M. Vargas, Chief Deputy City Clerk Dr. Luis S. González
John R. Echevarria, MPT
Council Members Absent
None
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
Business Focus - Serrano Nursery
Councilmember González presented a recognition certificate to “Serrano Nursery;” accepted by business owners Andres and Marina Serrano.
Recognition - 2024 Volunteer of the Year
Mayor Navarro presented a recognition certificates to Mary Helen Betancourt for being selected as the 2024 Volunteer of the year; accepted by Mary Helen Betancourt.
MAYOR AND COUNCIL ITEMS
POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF OCTOBER 15, 2024.
GIFT DISCLOSURES
Mayor Navarro asked the members present if there were any agenda items that were a conflict of inte rest 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.
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Attachment: 10-15-24 Draft Minutes (4719 : Draft Minutes 10-15-24) October 15, 2024 Regular City Council Meeting 3 -
APPOINTMENTS
None
MAYOR AND COUNCIL DISCUSSION ITEMS
None
PUBLIC HEARINGS
None
BUSINESS ITEMS
(1) 2024 Revised City Rules and Regulations - Waive Full Reading, Read by Title Only, and Pass First Reading of an Ordinance and Approve and Adopt a Resolution for the 2024 City Rules and Regulations, ORDINANCE NO. O-16-24 & RESOLUTION NO. R-104-24.
Staff Presentation
Human Resources Director, Thomas Cody, presented to Council an overview of the agenda item and informed them that a minor correction was needed. Cody explaine d that in section 2 of the attached Ordinance (O-16-24) there is a missing reference to Exhibit “1b.” Cody requested app roval of staff’s recommendation with the described correction.
Public Comment
None
Council Discussion
Discernment and discussion between Mayor and Councilmembers present, with clarification provide by:
Thomas Cody, Human Resources Director.
Motion and Second by MPT Echevarria / CM González to waive full reading, read by title only, and pass the first reading of Ordinance No. O-16-24, and to approve and adopt Resolution No. R-104-24.
Vote: Unanimous, Motion Passes
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PUBLIC COMMENT
The following community members addressed the Council: Matthew Hernandez, Gwen Kno tts, Pete Cherniss, Dr. M. Massey, Frank Miranda, Dan Flores, Alicia Hester-Eatman, Margaret Mary Warner, Eugene Valdez, and Gary Grossich.
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CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 2 through 21.
Councilmember Chastain selected item #5 for clarification by staff; Utilities Director, Charles Berry, provided needed clarification.
Motion and Second by CM González/ CM Toro to approve consent calendar Items 2 through 21.
Vote: Unanimous, Motion Passes with CM González and MPT Echevarria voting no on item # 20.
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Attachment: 10-15-24 Draft Minutes (4719 : Draft Minutes 10-15-24) October 15, 2024 Regular City Council Meeting 4 -
(2) Minutes - Approval of Minutes for the City Council Regular Meeting held on October 1, 2024.
(3) City Treasurer's Report - Receive and File City Treasurer's Report for July 2024.
(4) Warrants - Approve US Bank voucher dated 08/21/24 and totaling $57,009.54; replacement checks 214788 to 214789 totaling $1,118.00; voucher numbers 214790 to 214916 dated 09/12/2024 and totaling $624,165.70; wires dated 09/16/2024 and totaling $9,373,812.35; vouchers numbers 214917 to 215075 dated 09/19/2024 and totaling $1,523,945.81; and payroll disbursement listing dated 08/17/2024 to 08/30/2024 and totaling $1,156,503.06.
(5) Agreement - SCPPA - Approve and Adopt a Resolution Authorizing Power Sales Agreement for Renewable Solar Energy with the Southern California Public Power Authority (SCPPA), RESOLUTION NO. R-109-24.
(6) Bid Rejection - La Loma Reservoir Project - Reject All Bids for the La Loma Reservoir Project.
(7) Contract Amendment - New Image Flooring - Approve 2nd Amendment to Contract with New Image Commercial Flooring for Development Services Flooring Project.
(8) Contract Award - CSR Air Conditioning - Approve Contract Award to CSR Air Conditioning for Exhaust Fans at the Gonzales Center Pool.
(9) Contract Award - Ellis Equipment/Performance Construction - Award Contracts to Ellis Equipment Inc. and Performance Construction & Painting for K-Rails and Fencing to Secure the Property of the Colton Eco-Friendly Park with Community Sports Fields.
(10) Contract Award - Performance Construction & Painting - Award Contract to Performance Construction & Painting for the ARPA Funded Pool Deck Project.
(11) Contract Award - Prestige Paving Company - Approve and Adopt a Resolution to Approve Award of Contract to Prestige Paving Company for the Corporate Yard Paving Project, and Corresponding Budget Resolution, RESOLUTION NO. R-110-24.
(12) Contract Award - Robert DeLoach - Approve and Adopt a Resolution to Approve a Contract Award to Robert DeLoach for Services as Interim Director of Public Works & Utility Services, RESOLUTION NO. R-108-24.
(13) Contract Award - Unlimited Environmental Inc. - Approve Contract Award for the Concrete Tank Foundation Demolition Project to Unlimited Environmental Inc.
(14) Easement - 1790 E. Washington - Accept and Approve Easement at 1790 E. Washington for the Electric Utility.
(15) Easement - Holly Avenue Sidewalk Dedication - Approve Right-of-Way Easement for Sidewalk Purposes along Holly Avenue.
(16) Elected Official Benefit Adjustment - Approve and Adopt a Resolution to Index the City's Contribution to Elected Officials' Monthly Health Benefit to the Executive Group Employees, RESOLUTION NO. R- 107-24.
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Attachment: 10-15-24 Draft Minutes (4719 : Draft Minutes 10-15-24) October 15, 2024 Regular City Council Meeting 5 -
(17) Ongoing Emergency - AMPP - Affirm Ongoing Emergency at Agua Mansa Power Plant.
(18) Purchase - National Auto Fleet Group - Approve Purchase of a 2025 FORD F-750 Service Body Truck from National Auto Fleet Group.
(19) Resolution - Uniform Public Construction Cost Accounting Act - Approve and Adopt a Resolution Electing to Become Subject to the Uniform Public Construction Cost Accounting Act (Public Contract Code Section 22000 ET SEQ.), RESOLUTION NO. R-105-24.
(20) Second Reading of Ordinance No. O-12-24 - Approve Second Reading of an Ordinance of the City Council of the City of Colton, Approving an Amendment to the Reche Canyon Specific Plan to Change the Land Use Designation From Estate Density (Residential) to Commercial (File Index No: Dap-001- 453). ORDINANCE NO. O-12-24.
(21) Second Reading of Ordinance No. O-15-24 - Approve Second Reading of an Ordinance of the City Council of the City of Colton, to Amend Section 18.06.020 (Official Zoning Map) Changing Parcels 0163-172-48 from C-2 (General Commercial) to M-U-D (Mixed-Use Downtown) of Title 18 of the Colton Municipal Code (File Index No. Dap-001-453), ORDINANCE NO. O-15-24.
MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor, Council and City Treasurer on various issues and activities throughout the community.
TREASURER’S REPORT
Aurelio De La Torre, the City Treasurer, informed council that the City’s annual audit has begun and he provided clarification on what the audit entails.
CITY MANAGER'S REPORTS
William R. Smith, the City Manager, expressed gratitude towards the Mayor and City Treasurer for recognizing and appreciating city staff.
ADJOURNMENT
At 7:21 p.m. Mayor Navarro adjourned the Regular Council Meeting.
__________________________
Stephanie M. Vargas, CMC, CPMC
Chief Deputy City Clerk
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Attachment: 10-15-24 Draft Minutes (4719 : Draft Minutes 10-15-24)
ITEM NO. 2
STAFF REPORT
DATE: NOVEMBER 5, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE VOUCHER NUMBERS 215076 TO 215128 DATED 09/26/2024 AND TOTALING $91,865.42; VOUCHERS NUMBERS
215129 TO 215210 DATED 09/30/2024 AND TOTALING $92,301.34; REPLACEMENT CHECKS 215213 TO 215215 AND TOTALING
$3,068.31; VOUCHERS NUMBERS 215211 TO 215342 DATED
10/03/2024 AND TOTALING $1,308,302.95; VOUCHERS NUMBERS 215343 TO 215458 DATED 10/10/2024 AND TOTALING $801,209.62; WIRES DATED 10/13/24 TOTALING $3,704,374.28 AND PAYROLL DISBURSEMENT LISTING DATED 08/31/2024 TO 09/13/2024 AND TOTALING $1,270,184.28.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve voucher numbers 215076 to 215128 dated 09/26/2024 and totaling $91,865.42; vouchers numbers 215129 to 215210 dated 09/30/2024 and totaling $92,301.34; replacement checks 215213 to 215215 and totaling $3,068.31; vouchers numbers 215211 to 215342 dated 10/03/2024 and totaling $1,308,302.95; vouchers numbers 215343 to 215458 dated 10/10/2024 and totaling $801,209.62; wires dated 10/13/24 totaling $3,704,374.28 and payroll disbursement listing dated 08/31/2024 to 09/13/2024 and totaling $1,270,184.28.
BACKGROUND
The California Government Code requires that the legislative body ratify all vouchers issued in the course of conducting City business.
ISSUES/ANALYSIS
2 Packet Pg. 13
Staff Report to the Mayor and City Council
Warrants - Accounts Payable
November 5, 2024
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
2 Packet Pg. 14
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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Attachment: Fund Number and Title Legend (4678 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4678 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4678 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4678 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4678 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4678 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4678 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4678 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4678 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4678 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4678 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4678 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4678 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4678 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4678 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4678 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4678 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4678 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4678 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4678 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4678 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4678 : Warrants - Accounts Payable)
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ITEM NO. 3
STAFF REPORT
DATE: NOVEMBER 5, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: ROBERT DELOACH, INTERIM PUBLIC WORKS DIRECTOR SUBJECT: APPROVE AMENDMENT NO. 3 FOR THE KOA CORPORATION
PROFESSIONAL SERVICE AGREEMENT FOR THE RECHE
CANYON ROAD REALIGNMENT TO HUNTS LANE PROJECT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve Amendment No. 3 for Professional Services Agreement with KOA Corporation (Lochner Company) in the amount of $38,872 for the preparation of additional traffic study necessary for the completion of environmental document for Reche Canyon Road Realignment to Hunts Lane Project, and authorize the City Manager to execute the amended agreement.
BACKGROUND
The City of Colton received federal grant in the amount of $359,960 for the Reche Canyon Road Realignment to Hunts Lane Project. Reche Canyon Road is one of the busiest arterial street s in the City of Colton. The road connects the Ci ty of Colton to the cities of Loma Linda and Moreno Valley, and unincorporated areas in the counties of Riverside and San Bernardino. The average daily traffic for this arterial road is approximately 17,000 vehicles per day. As a result, the intersections of Hunts Lane and Reche Canyon at Washington Street are constantly congested during peak hour traffic in the morning and afternoon.
On March 31, 2022, the City received additional fund from U.S. Department of Transportation - Federal Highway Administration allocating fund for the Reche Canyon Road Extension to Hunts Lane Project in the amount of $4,166,000. The federal grant requires 20% local match , which is being funded thru City’s Traffic Impact Fees and Measure I Arterial Fund. The additional funding was allocated for the completion of the preliminary engineering, right of way and construction phase for the project.
3 Packet Pg. 114
Staff Report to the Mayor and City Council
Contract Amendment - KOA Corporation (Lochner Company)
November 5, 2024
The scope of the Reche Canyon Road Realignment to Hunts Lane Project includes realignment and extension of Reche Canyon Road to Hunts Lane at the intersection of Washington Street (see attached conceptual plan - Exhibit A). The project will provide new four -lane asphalted street, sidewalk, bikelane and a traffic signal at the intersection of existing road (front of the apartment complex).
ISSUES/ANALYSIS
On October 6, 2019, the City awarded a professional service agreement contract to KOA Corporation in the amount of $434,965.25 for the preparation of environmental documents, engineering design and right of way support for the Reche Canyon Road Realignment to Hunts Lane Project. During the review of the technical reports, Caltrans determined that the Traffic Study Report need s additional information to complete the traffic study and the environmental documents for the project. Below is the itemized scope necessary complete the traffic study:
Include future 2025 and 2045 Without Project analyses for LOS comparison. Update traffic forecast using appropriate peak period factors from SBTAM. Verify post processing methodology per Caltrans' guidelines and comments. Balance traffic volumes between intersections per Caltrans' requirement. Include existing traffic volumes and counts (Washington/Reche Canyon & Washington/Hunts) in the report.
Verify Synchro inputs per Caltrans' comments
Update LOS traffic analysis throughout the report with tables and exhibit Draft and Final Traffic Study Report
The original scope for traffic studies involves only one scenario (opening year). The changes will include multiple traffic scenarios, and update of traffic forecast and analysis. Below is the breakdown of the additional work:
1. Project management, coordination, and administration $3,181
2. Future 2030 and 2045 w/o Project analyses for LOS comparison $5,945
3. Update traffic forecast using appropriate peak period factors, SBTAM $6,850
4. Post processing methodology per Caltrans' guidelines and comments $4,958
5. Balance traffic volumes between intersections per CT requirements $2,962
6. Include existing traffic volume and counts $3,570
7. Verify Synchro analysis input $2,898
8. Update LOS traffic analysis $3,424
9. Update and finalize traffic study report $5,084
Total $38,872
KOA Corporation ’s new contract amount for the preparation of environmental document, engineering design and right of way support for the Reche Canyon Road Realignment to Hunts 3 Packet Pg. 115
Staff Report to the Mayor and City Council
Contract Amendment - KOA Corporation (Lochner Company)
November 5, 2024
Lane Project will be $564,822.25 and will be extended to December 31, 2026 (attached as Exhibit B). Environmental phase for the project is anticipated to be completed by April 2025, final design and right of way phase by March 2026, and construction by June 2027. Below is the breakdown of KOA Corporation new contract:
I. Original Contract $434,965.25
II. Amendment No 1 - Noise Study Report $ 64,750.00
III. Amendment No 2 - Historic and Aquatic Resources Report $ 26,235.00 IV. Amendment No. 3 – Additional Traffic Study Report $ 38,872.00 V. New Contract Total $564,822.25
FISCAL IMPACTS
Sufficient appropriations for Amendment No. 3 for the preparation of environmental document, engineering design and right of way support for the Reche Canyon Road Realignment to Hunts Lane Project are available in the FY2024 -25 budget i n the following capital improvement accounts with the cost breakdown:
Account Number KOA Contract CCO 3
Federal Fund - 225-1701-6150-3890-00000-000 $31,097.60
Traffic Impact Fund - 450-1701-6900-3890-0000-000 $ 3,389.64 Arterial Measure I Fund - 450-1701-6971-3890-0000-000 $ 4,384.76 Total $38,872.00
Arterial Measure I is reimbursable thru SBCTA. The cost sharing percentage be tween the two funding are based on the SBCTA nexus study for the Measure I 2010 -2040 Strategic Plan.
Regional Traffic Impact Fee (Development Fee) represents 43.6% of the cost breakdown and Arterial Measure I represent 56.4%.
ENVIRONMENTAL IMPACTS
Preparation of documents for the California Environmental Quality Act (CEQA) and the National Environmental Quality Acts (NEPA) is part of the Preliminary Engineering Phase for this Project.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - Conceptual Layout
2. Exhibit B - KOA Professional Service Agreement Amendment No. 3 3 Packet Pg. 116
20+0021+0023+0024+0025+0026+0027+0028+0029+0030+0031+0032+0033+0034+0035+0036+0037+0038+0039+00 22+00 103010401050106010701080
1020103010401050106010701080
1020 RECHE CANYON ROAD EXTENSION CL PROFILE
12'12'6'6'SW
EX. E'LY R/W
C
BIKELANELANE2.0%PROP. PAVEMENTTYPE "8" C&G
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12'LANE12'6'6'SWBIKELANELANE2.0%PROP. PAVEMENTTYPE "8" C&G12'LANE EX. W'LY R/W 88'PROP.RETAINING WALL
TYPICAL SECTION
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City of Colton, Department of Public WorksReche Canyon Extension To hunts Lane ProjectConceptual Design Alternative 2 PLANNING | ENGINEERING |CONSTRUCTION MANAGEMENT
= CENTER LINE
= EXISTING CURB= PROPOSED CURB AND GUTTER= EXISTING CURB AND GUTTER= RIGHT OF WAY = PROPOSED PCC SIDEWALK
= PROPOSED AC PAVEMENT= SIGNALIZED INTERSECTION
Legend
= PROPOSED RETAINING WALL= PROPOSED STRIPING= PROPOSED PAVEMENT MARKING= PROPOSED SIGNAL EQUIPMENT VERT. SCALE 1"-8'HORIZ. SCALE 1"-40'(XXX.XX) = EXISTINGXXX.XX = PROPOSED 040SCALE 1"=40'80
North
EX. C/G PROP.. C/G PROP.. C/G
PROP. C/GPROP. C/GEX. C/G
EX. C/G
JOIN EX. C/G
EX. C/G
PROPOSED SIGNALIMPROVEMENTS
EX. R/WEX. R/WEX. R/W
EX. R/W
EX. R/W
EX. R/W
EX. R/W
EX. R/W
EX. R/W
EX. RAISEDMEDIAN
PROP. CATCH BASINAND LOCAL DEPRESSIONRELOCATE POWER POLER= 35'
CONSTRUCT ISLANDPASSAGEWAY
GAGE CHANNEL
PROP. C/GPROPOSED SIGNALIMPROVEMENTS
EX. R/WEX. RAISEDMEDIAN
EX. RAISEDMEDIAN
PROP. CATCH BASINAND LOCAL DEPRESSION
PROP.CATCH BASINAND LOCAL DEPRESSIONRECONSTRUCT MEDIAN NOSE
RECONSTRUCT MEDIAN NOSE
R= 35'R= 35'
EX. C/G
GRADING LIMIT
GRADING LIMIT
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GRADING LIMIT
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EX. GAGETRANSMISSION PIPELINE
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EX. R/W
R= 35'PROP. C/GPROP. C/G
EX. R/W
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Attachment: Exhibit A - Conceptual Layout (4715 : Contract Amendment - KOA Corporation (Lochner Company)) (BB&K: 06/2024)
23152.06000\32391457.2
AMENDMENT NO. 3 TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND
KOA CORPORATION (LOCHNER COMPANY)
1. PARTIES AND DATE.
This Amendment No. 3 to the Professional Services Agreement is made and entered into this 6th day of November , 2024 by and between the City of Colton, a California municipal corporation (“City”) and KOA Corporation (Lochner Company) ( “Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”.
2. RECITALS.
2.1 Consultant. City and Consultant entered into an agreement titled “Professional Services Agreement ,” dated October 7, 2020 (“Agreement”), whereby Consultant agreed to provide the preparation of plans and environmental documents for the Reche Canyon Road Realignment to Hunts Lane Project (“Project”).
2.2 Amendment. City and Consultant entered into Amendment No. 1 and Amendment No. 2 to the Agreement, dated June 8, 2022 and September 21, 2022 respecively, for the purpose of revising the scope of services, additional compensation and extend the term of the agreement.
2.2 Amendment Purpose. City and Consultant now desire to amend the Agreement for the purposes of revising the scope of services, additional compensation and extend the term of the agreement.
2.3 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section
3.6.13 of the Agreement.
3. TERMS.
3.1 Amendment. Section 3.1.2 and Section 3.2.1 of the Agreement is hereby amended in its entirety to read as follows:
3.1.2 Term. The term of this Agreement shall be extended to December 3 1, 2026, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Scope of Services and Term. Compensation . Section 3.3.1 of the Agreement is hereby deleted in its entirety
and replaced with the following:
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Attachment: Exhibit B - KOA Professional Service Agreement Amendment No. 3 (4715 : Contract Amendment - KOA Corporation (Lochner 2 (BB&K: 06/2024)
23152.06000\32391457.2
3.2.1 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 Five Hundred Sixty -Four Thousand Eight Hundred Twenty -Two and 25/100 Dollars ($564,822.25) without written approval of City’s City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 3, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 3, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3.
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 Amendment No. 3.
3.4 Severability. If any portion of this Amendment No. 3 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 Amendment No. 3 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 B - KOA Professional Service Agreement Amendment No. 3 (4715 : Contract Amendment - KOA Corporation (Lochner 3 (BB&K: 06/2024)
23152.06000\32391457.2
SIGNATURE PAGE FOR AMENDMENT NO. 3 TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND KOA CORPORATION (LOCHNER COMPANY)
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 3 to the Professional Services Agreement as of the day and year first above written.
CITY OF COLTON
By: _________________________
William R. Smith
City Manager
Attest: _________________________
Stephanie Vargas
Deputy City Clerk
KOA CORPORATION (LOCHNER COMPANY)
a Corporation
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
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Attachment: Exhibit B - KOA Professional Service Agreement Amendment No. 3 (4715 : Contract Amendment - KOA Corporation (Lochner
4 (BB&K: 06/2024)
23152.06000\32391457.2
EXHIBIT A
Compensation to KOA Corporation for the services of this Agreement shall not exceed Five Hundred Sixty -Four Thousand Eight Hundred Twenty -Two and 25/100 Dollars ($564,822.25) without written approval of City’s City Council.
The breakdown for the additional work for the preparation of Noise Study Report and Visual Impact Assessment Report for the environmental documents are as follows:
I. Original Contract $434,965.25
II. Amendment No 1 $ 64,750.00
1. Project Management and Administration $ 6,500
2. Noise Study Report (One Build Alternative) $15,500
3. Noise Abatement Decision Report $12,250
4. Visual Assessment (One Build Alternative) $30,500
Sub-total $64,750
III. Amendment No 2 $ 26,235.00
1. Project Management and Administration $ 2,200
2. Historic Resources Evaluation Report $10,945
3. Finding of Effect (FOE) - Optional $ 5,390
4. Aquatic Resource Delineation $ 7,700
Sub-total $26,235
IV. Amendment No. 3 $ 38,872.00
1. PM, coordination, and administration $3,181
2. 2030 and 2045 w/o Project LOS comparison $5,945
3. Update traffic forecast per SBTAM $6,850
4. Post processing methodology $4,958
5. Balance traffic volumes between intersections $2,962
6. Include existing traffic volume and counts $3,570
7. Verify Synchro analysis input $2,898
8. Update LOS traffic analysis $3,424
9. Update and finalize traffic study report $5,084
Sub-Total $38,872
_________________________________________________ _ _ V. New Contract Total $564,822.25
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Attachment: Exhibit B - KOA Professional Service Agreement Amendment No. 3 (4715 : Contract Amendment - KOA Corporation (Lochner
ITEM NO. 4
STAFF REPORT
DATE: NOVEMBER 5, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: ROBERT DELOACH, INTERIM PUBLIC WORKS DIRECTOR SUBJECT: APPROVE CONTRACT AWARD TO PERFORMANCE
CONSTRUCTION & PAINTING FOR THE LIBRARY RESTROOM
REMODEL PROJECT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve the award of contract with Performance Construction & Painting for the American Rescue Plan Act (ARPA) Funded Library Restroom Remodel Project in the amount of $83,675.00.
2. Authorize the City Manager to execute the contract with Performance Construction & Painting.
BACKGROUND
The Colton Public Library building is over 30 years old and in that time frame, the restro oms have deteriorated and are in need of modernization. The proposed project includes much needed fixes to the walls, flooring, toilets, fixtures, and partitions.
ISSUES/ANALYSIS
In accordance with Colton Municipal Code (CMC) Section 3.08.060 (C), the C ity Public Works Building Maintenance Supervisor requested three informal quotes from multiple known local vendors for the Library Restroom Remodel Project. All bids came in as follows are listed from lowest dollar amount to highest dollar amount:
1. Performance Construction $ 83,675.00
4 Packet Pg. 122
Staff Report to the Mayor and City Council
Contract Award - Performance Construction & Painting
November 5, 2024
2. Metro Builders & Engineers Group, Ltd $ 98,960.00
3. Preferred General Services $125,040.00
After review of the informal bids received, the Building Maintenance Supervisor recommends to award to the lowest responsible bidder, Performance Construction & Painting.
FISCAL IMPACTS
The total contract amount is $83,675.00. Sufficient appropriations for the Lib rary Restroom Remodel Project are available in the FY2024 -25 budget in Local Fiscal Recovery Fund Capita l Improvement Account Number 219-2459-1000-3890-0000-000.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - Maintenance Services Agreement
2. Exhibit B - Plans-Quote
4 Packet Pg. 123
23152.04000\42402786.1
(BB&K 2024)
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CITY OF COLTON
MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 5th day of November, 2024 by and between the City of Colton, a municipal corporation organized under the laws of the State of California with its principal place of business at 650 North La Cadena Drive, Colton, California 92234, County of San Bernardino, State of California (“City”) and Performance Construction & Painting, a Sole Ownership with its principal place of business at 9185 W. Rochelle, Las Vegas, NV 89147-7831 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing demolition, plumbing, electrical, and installation of restroom fixtures to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipu lated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the Library Restroom Remodel Project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional demolition, plumbing, electrical, and installation of restroom fixtures maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from October 16, 2024 to December 31, 2025, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Ag reement if necessary to complete the Services.
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3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor . The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall als o not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and wo rkers’ compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement and as shown on exhibit “B”. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submi ttals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements . All work prepared by Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates William R. Smith, City Manager, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not ac cept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative . Contractor hereby designates Patrick Carmell, Managing Member , or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, me thods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represent s and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally,
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Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and app rovals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contra ctor and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of One-Hundred Dollars ($100) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications . Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours dur ing any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
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Attachment: Exhibit A - Maintenance Services Agreement (4716 : Contract Award - Performance Construction & Painting) 23152.04000\42402786.1
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3.2.10.1 Employment Eligibility; Contractor . By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control A ct of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.
Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.
3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Con tractor or its subcontractors, sub -subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.2.10.4 Labor Certification . By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.2.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
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3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel -powered engine. Contractor shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. (A) Contractor shall comply, and shall ensure all subcontractors comply, with all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 (“Regulation”).
(B) Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ Fleet including, without limitation, the Certificate(s) of Reported Compliance (CRCs), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the Commission. (C) Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation.
Contractor shall defend, indemnify and hold harmless the Commission, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.
3.2.10.7 Water Quality.
(A) Management and Compliance . To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Fe deral Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000 -14950); laws, rules and regulations of the Environmental Pr otection Agency and the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board ; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non -Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the Ci ty, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section,
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unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.
3.2.11 Insurance.
3.2.11.1 Time for Compliance . Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.
3.2.11.2 Minimum Requirements . Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contracto r, its agents, representatives, employees or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance . Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability :
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance . Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 MINIMUM per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 MINIMUM per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California.
Employer’s Liability limits of $1,000,000 MINIMUM per accident for bodily injury or disease.
Defense costs shall be paid in addition to the limits.
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(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insuranc e it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement.
3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipm ent furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self -insurance shall be called upon to protect it as a named insured. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section
3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to th e parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability . The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its direct ors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.
Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its directors, officials,
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officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages . Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.
3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any o ther additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, office rs, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respe cts the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.2.11.6 Subcontractor Insurance Requirements . Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ polici es of Commercial General Liability using ISO form 20 38, or coverage at least as broad.
3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.
3.2.11.8 Verification of Coverage . Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a per son authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City re serves the right to require complete, certified copies of all required insurance policies, at any time.
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3.2.11.9 Reporting of Claims . Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limi ted to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.13 Bonds.
3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the tot al, not -to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.13.2 Payment Bond . If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
3.2.13.3 Bond Provisions . Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alte ration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Cont ractor fails to furnish any required bond, the City may terminate this Agreement for cause.
3.2.13.4 Surety Qualifications . Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The
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surety must be a California -admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualifie d if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.2.14 Accounting Records . Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agree ment for a period of three (3) years from the date of final payment under this Agreement.
3.2.15 Work Sites.
3.2.15.1 Inspection Of Site . Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.
3.2.15.2 Field Measurements . Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of w ork before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.
3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.
3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or material s incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non -conformance of the Services to the Contract, commen ce and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of
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acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All cos ts associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcont ractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warra nty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non -conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Eighty-Nine Thousand Nine-Hundred and Fifty Dollars ($89,950.00) 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.
3.3.2 Payment of Compensation . Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreem ent or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.
3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.5 Extra Work . At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
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3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor 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 Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Pr evailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of appren tices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project ma y also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.
Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liab ility arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination . City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days bef ore the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contrac tor may not terminate this Agreement except for cause.
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3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this A greement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor:
Performance Construction & Paining
9185 W. Rochelle
Las Vegas, NV 89147-7831
Attn: Patrick Carmell, Managing Member
City:
City of Colton
650 North La Cadena Drive
Colton, CA 92324
Attn: Brian A. Dickinson, Director of Public Works & Utility Services
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 not ice on the date actual notice occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity . To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of th e Contractor’s Services, the Project or this Agreement, including without limitation the payment of all e xpert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from
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the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers . In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.
3.5.3 Governing Law; Government Code Claim Compliance . This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.
In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contract or. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.5 City’s Right to Employ Other Contractors . City reserves right to employ other contractors in connection with this Project.
3.5.6 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.
3.5.7 Assignment or Transfer . Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors
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of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and pa ragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.13 Prohibited Interests . Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or viol ation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.14 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
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3.5.18 Federal Provisions. When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND PERFORMANCE CONSTRUCTION & PAINTING
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 5th day of November, 2024.
CITY OF COLTON PERFORMANCE CONSTRUCTION &
PAINTING
SOLE OWNERSHIP
By: ____________________________ By: _________________________ William R. Smith Patrick Carmell
City Manager Managing Member
Attest:
____
Stephanie M. Vargas
Deputy City Clerk
Approved as to Form:
______________________________
Best Best & Krieger LLP
City Attorney
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Exhibit A-1
EXHIBIT “A”
SCOPE OF SERVICES
Remodel of men's and women's restrooms per plan provided by Owner. Work to include:
1. Provide bonds as required.
2. Demolish existing bathrooms as required.
3. Cap off existing waste and supply lines as required.
4. Relocate water and waste lines as required.
5. Patch concrete.
6. Drywall, tape and texture walls and patches on existing as required.
7. Install Tile wainscot to 4’ high on walls. Allowance on tile.
8. Install floor tile as required. Allowance on tile.
9. Install new exhaust fans.
10. Install new light fixtures.
11. Install new urinal and toilets.
12. Install new granite/quartz countertop with top mount sink.
13. Install lever faucet.
14. Install new stainless-steel partitions.
15. Prime and paint bathroom complete.
16. Install new mirror (30"x36") and baby changing station.
17. Install seat cover dispensers, soap and toilet paper dispensers provided by City.
18. Install grab bars as required.
19. Provide portable toilets. One handicap and one standard. Provide one hand wash station.
Provide servicing of toilets once a week.
20. Clean work area and haul debris.
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Exhibit B-1
EXHIBIT “B”
SCHEDULE OF SERVICES
NOVEMBER 15, 2024 – DECEMBER 31, 2025
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Exhibit C-1
EXHIBIT “C”
COMPENSATION
EIGHTY-THREE THOUSAND SIX-HUNDRED SEVENTY FIVE DOLLARS AND NO CENTS ($83,675.00)
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Exhibit D-1
EXHIBIT “D”
FEDERAL REQUIREMENTS
CONTRACTOR IS REQUIRED TO PROVIDE THEIR COMPANY’S FEDERAL UEI (UNIQUE ENTITY ID). IF CONTRACTOR DOES NOT HAVE AN UEI NUMBER, CONTRACTOR CAN OBTAIN ONE AT SAM.GOV WEBSITE
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ITEM NO. 5
STAFF REPORT
DATE: NOVEMBER 5, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: ANTHONY VEGA, POLICE CHIEF
SUBJECT: APPROVE AND ADOPT A RESOLUTION ACCEPTING OFFICE OF TRAFFIC SAFETY GRANT FOR FY 24/25, RESOLUTION R-111-24.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve and adopt Resolution NO. R-111-24 authoring the acceptance of the 2024/2025 Office of Traffic Safety (OTS) Grant award;
2. Authorize the City Manager to execute any related documents.
BACKGROUND
The Office of Traffic Safety (OTS), is California’s lead traffic safety organization. Located in the California state transportation agency, OTS is tasked with developing and implementing a highway safety program that addresses and impacts safety on the road. The goal of the annual program is to prevent serious injury and death resulting from motor vehicle crashes, so that all roadway users arrive at their destinations safely. Using feder al highway safety programs funds, it is the mission of OTS to provide funding for traffic programs to help reduce the number of deaths, injuries and economic losses resulting from traffic related collisions. The Colton Police Department received notificat ion that it has been awarded $190,000 from an OTS grant for FY 2024/25. This grant requires no matching funds.
ISSUES/ANALYSIS
The City has experienced multiple traffic -related injury collisions throughout the years. The number of DUI and speed relat ed enforcement conducted is inversely proportional to the numbers of crimes and calls for service officers must handle. The City of Colton has an 5 Packet Pg. 151
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Grant - Office of Traffic Safety (OTS)
November 5, 2024
abundance of establishments where alcohol is served or sold and the number of DUI drivers has not diminished. In addition, speed related issues are amongst the majority of complaints received from the community.
The OTS grant provides $181,800 for traffic enforcement programs. These programs include:
DUI checkpoints, DUI saturation patrols, collaborative DUI enforcement, traffic enforcement, distracted driving enforcement operations, night time “Click it or Ticket” programs, pedestrian safety enforcement operations, street racing and sideshow enforcement, collaborative traffic enforcement and motorcycle safety.
The OTS grant has also provided for training and educational materials, as well as equipment, to assist officers in increasing traffic safety and reducing alcohol related traffic incidents. The continuing enforcement details spread out over the grant period, and making use of the related equipment, will serve to increase traffic safety in the City of Colton.
Additionally, the OTS grant will provide $3,200 In -State travel expenses and $5,000 DUI checkpoint supplies.
FISCAL IMPACTS
Approval of the Resolution R-108-22 will:
1. Amend FY 2024/25 Budget to increase revenues in Misc. Grant Fund Revenue Account #225-5891-025 by $190,000.00
2. Amend the FY 2024/25 Budget to increase appropriations in the Misc. Grant Expenditure Funds in the following:
a. Expenditure Account #225-6070-6071-1050-0000-025 in the amount of $181,800.00 for overtime.
b. Expenditure Account #225-6070-6071-2280-0000-025 in the amount of $3,200.00 for In-State travel expenses.
c. Expenditure Account #225-6070-6071-4930-0000-025 in the amount of $5,000.00 Safety Equipment related to DUI Check points.
ALTERNATIVES
1) Provide alternate direction to staff.
ATTACHMENT
1. Attachment - Grant Agreement - PT25155_encripted_(1) 2
2. Resolution R-111-24 OTS 24-25
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RESOLUTION NO. R-111-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON ACCEPTING A GRANT IN THE AMOUNT OF $ 190,000.00 FROM THE
OFFICE OF TRAFFIC SAFETY (OTS) WITH ITS ACCOMPANYING
MOU AND AMEND THE FISCAL YEAR 2024-2025 BUDGET
WHEREAS, The Budget for the City of Colton for the Fiscal Year commencing July 1, 2024 and ending June 30, 2025 was approved and adopted; and
WHEREAS, The approved budget is in accordance with all applicable ordinances of the City of Colton and all applicable statutes of the State; and
WHEREAS, On June 30 , 2024 the Office of Traffic Safety (OTS) Grant was awarded to the Colton Police Department in the amount of $190,000.00; and
NOW, THEREFORE, the City Council of the City of Colton does resolve as follows:
Section 1. Approval of Resolution R-111-24 will:
1. Amend FY 202 4/25 Budget to increase revenues in Misc. Grant Fund Revenue Account #225-5891-025 by $190,000.00
2. Amend the FY 202 4/25 Budget to increase appropriations in the Misc. Grant Expenditure Funds in the following:
a. Expenditure Account #225 -6070-6071-1050-0000-025 in the amount of $181,800.00 for overtime.
b. Expenditure Account #225 -6070-6071-2280-0000-025 in the amount of $3,200.00 for In-State travel expenses.
c. Expenditure Account #225 -6070-6071-4930-0000-025 in the amount of $5,000.00 for Safety Equipment related to DUI Check points.
Section 2. The resolution is hereby approved, adopted and incorporated herein.
PASSED, APPROVED AND ADOPTED this 5th day of November, 2024.
Frank Navarro, MAYOR
ATTEST:
_________________
Stephanie Vargas, Deputy City Clerk
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Attachment: Resolution R-111-24 OTS 24-25 (4711 : Grant - Office of Traffic Safety (OTS))
ITEM NO. 6
STAFF REPORT
DATE: NOVEMBER 5, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: ROBERT DELOACH, INTERIM PUBLIC WORKS DIRECTOR SUBJECT: APPROVE NOTICE OF COMPLETION FOR THE CORPORATE YARD BLOCK WALL PROJECT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Authorize the execution and recordation of a Notice of Completion for the Corporate Yard Block Wall Project.
BACKGROUND
The Public Works & Utilities Department and Electric Utility Department are located are located at the Corporate Yard address at 150 & 160 S 10th Street, Colton CA 92324. The rear side of the property was protected with approximately 1000 linear feet of 8 ft high chain link fence that was installed approximately over 25 years ago. The quality of the fence has been compromised over the years with damage sustained throughout. It was necessary for the perimeter fence to be upgraded since the length of the fence is adjacent to multiple st aging areas for city vehicles, equipment, utility poles, transformers, and other raw materials.
ISSUES/ANALYSIS
On April 2, 2024, a construction contract was awarded to Roadway Engineering for the construction of the Corporate Yard Block Wall Project in the amount of $678,270. The scope of the work is to remove the existing chain link fence and replace it with an 8 -feet high block wall.
The Notice to Proceed for the Project was issued on April 28, 2024 and the Project was completed per plans and specifi cations on August 31, 2024. Additional work was added for the repair of the existing block wall at M Street, installation of additional drainpipe and adjustment 6 Packet Pg. 172
Staff Report to the Mayor and City Council
NOC - Corporate Yard Block Wall Project
November 5, 2024
to grade of the of sewer manhole. The final contract amount for this project, including the 4.99% change order is $712,183.
FISCAL IMPACTS
There is no additional fiscal impact to file the Notice of Completion. The project was funded in the adopted FY2023-24 budget in the following accounts:
Account Number Final Amount
521-8100-8101-3890-0000-000 $237,441.82
605-6150-6211-3890-0000-000 $237,370.59
520-8000-8001-3890-0107-000 $237,370.59
Total $712,183.00
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 016304138 SPACE ABOVE THIS LINE FOR RECORDER’S USE Notice of Completion
NOTICE IS HEREBY GIVEN THAT:
1. The City of Colton is the owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is Victor Ortiz, P.E
3. The full address of the undersigned is 650 N. La Cadena Drive, Colton, CA 92324
4. The nature of the title of the undersigned is City of Colton is the owner in fee, of a certain public improvement (E.G. owner in fee OR vender under contract of purchase OR lessee OR OTHER APPROPRIATE DESIGNATION).
5. The full names and full addresses of all persons, if any, who holds title with the undersigned as joint tenants or as tenants in common are:
Names Addresses
N/A N/A
6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to are (OR IF NO TRANSFER WAS MADE, INSERT THE WORD “none”):
Names Addresses
N/A N/A
7. A work of improvements on the property hereinafter described was completed on March 8, 2024
8. The name of the original contractor, if any, for the work of improvement was Roadway Engineering. The kind of work done or material furnished was removal of existing chain link fence and installation of new block wall.
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: Corporate Yard Block Wall Project.
The street address of the said property is in 160 South 10th Street, Colton, California (APN 016304138)
Dated: ___________________________________(Signature) Victor Ortiz, P.E., City Engineer
VERIFICATION
I, the undersigned say:
I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at _______Colton_________, California, this _______ day of _____________, 2024.
____________________________________________________
(SIGNATURE)
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Attachment: Exhibit A- Notice of Completion [Revision 1] (4692 : NOC - Corporate Yard Block Wall Project)
ITEM NO. 7
STAFF REPORT
DATE: NOVEMBER 5, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHARLES BERRY, ELECTRIC UTILITY DIRECTOR
SUBJECT: AFFIRM ONGOING EMERGENCY AT AGUA MANSA POWER
PLANT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Confirm ongoing emergency condition at Agua Mansa Power Plant and authorize the City Manager or designee to execute all necessary agreements to complete repairs to the power plant and simultaneously execute all necessary agreements for a lease engine as provisioned in Colton Municipal Code section 3.08.130(A), authorizing emergency contracting for repairs and waive the formal competitive bidding process.
BACKGROUND
On June 18, 2024, the Colton City Council, by vote of 5 to 0 ratified the existence of an emergency regarding the inoperability of Agua Mansa Power Plant (AMPP) and authorized emergency repairs pursuant to the authority granted in Section 3.08.130 (A) of the Colton Municipal Code and California Public Contract Code, Section 22050.
These code sections require the City Council to affirm the existence of the emergency by 4/5 vote at every Council meeting, until the repairs are completed.
During a recent routine inspect ion, damage was discovered to the turbine at the Agua Mansa Power Plant (AMPP). While the damage is attributed to “normal wear -and-tear,” and the equipment was scheduled for normal maintenance/replacement in November of this year, this discovery presents a serious situation and potential financial exposure for the Electric Utility.
Due to this discovery, AMPP cannot be run until repairs are completed. With AMPP out of market, the Electric Utility faces significant costs for replacement energy that are est imated to be 7 Packet Pg. 175
Staff Report to the Mayor and City Council
Ongoing Emergency - AMPP
November 5, 2024
as high as $29,000,000.
ISSUES/ANALYSIS
Given the significant financial exposure to the City and the potential for catastrophic failure of AMPP, the City Manager’s Office has issued an emergency declaration and directed staff to effectuate repairs to the plant. To accomplish this, the City has invoked Colton Municipal Code
3.08.130 (A), dispatching with the Formal Bidding requirements and has executed agreements with ProEnergy Services, LLC to overhaul the City’s gas turbine and simultaneo usly lease a gas turbine to bring AMPP back into market as quickly as practicable.
Given the significant financial exposure to the City and the potential for catastrophic failure of AMPP, the City Manager’s Office has issued an emergency declaration and directed staff to effectuate repairs to the plant. To accomplish this, the City has invoked Colton Municipal Code
3.08.130 (A), which with Council concurrence allows for dispatching with the formal bidding requirements and therein allowing the City to ent er into agreement with P roEnergy Services for overhaul of the City’s engine and the lease of a temporary engine to power AMPP. The leased engine is on a weekly basis at a rate of $110,000. It is estimated the City will need the leased engine for approximat ely 13 weeks for a total of $1,430,000. The overhaul and repairs to the City’s engine have an estimated not to exceed cost of $2,900,000 which includes a 10 percent contingency to accommodate for additional work that may be required but is not yet known at this time. In total, the cost for the leased engine and repairs to the City’s engine are anticipated to be $4,330,000.
The City’s engine was removed from AMPP on June 19, and transported to the repair depot in Houston, Texas. The engine remains in the r epair depot and is currently being overhauled.
Concurrently, the leased engine was installed with the commissioning and test fire having occurred the week of July 8. With the successful completion of the install, commissioning and test fire, AMPP is temporarily placed back into market and available for dispatch.
FISCAL IMPACTS
Sufficient appropriations are available in the FY2024 -25 adopted budget in Electric Utility Fund Agua Mansa Power Plant Capital Account Number 520-8000-8009-4930-0101-000.
ALTERNATIVES
Provide alternative direction to staff.
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ITEM NO. 8
STAFF REPORT
DATE: NOVEMBER 5, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, CHIEF DEPUTY CITY CLERK
SUBJECT: APPROVE SECOND READING OF AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF COLTON, AMENDING RESOLUTION
R-15-00 ON PERSONNEL RULES AND REGULATIONS FOR THE
CITY OF COLTON AND REPEALING IN IT'S ENTIRETY
ORDINANCES AND RESOLUTIONS PREVIOUSLY REFERENCED
IN RESOLUTION R-15-00, ORDINANCE NO. O-16-24.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve the second reading of AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, AMENDING RESOLUTION R -15-00 ON
PERSONNEL RULES AND REGULATIONS FOR THE CITY OF
COLTON AND REPEALING IN IT S ENTIRETY ORDINANCES AND
RESOLUTIONS PREVIOUSLY REFERENCED IN RESOLUTION R -15-
00. ATTACHMENT
1. ORDINANCE NO. O-16-24
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ORDINANCE NO. O-16-24
AN ORDINANCE OF THE OF THE CITY COUNCIL OF THE CITY OF
COLTON AMENDING RESOLUTION R -15-00 ON PERSONNEL RULES
AND REGULATIONS FOR THE CITY OF COLTON AND REPEALING IN
ITS ENTIRETY ORDINANCES AND RESOLUTIONS PREVIOUSLY
REFERENCED IN RESOLUTION R-15-00
WHEREAS, the City of Colton, California (“City”) is a general law city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, the Personnel Rules and Regulations for the City, found under Resolution R-15-00, have not been amended since 2000 and inclu ded references to several resolutions and ordinances enacted by the City since 1976; and
WHEREAS, by adoption of this Ordinance, the City Council for the City of Colton desires to update and modernize its Personnel Rules and Regulations to reflect updates in the law and legal requirements and to remove unnecessary references to the City’s prior enacted resolutions and ordinances that are now incorporated into the Personnel Rules and Regulations itself; and
WHEREAS, City staff recommend that the City repe al several resolutions and ordinances enacted throughout the years by the City, as set forth herein, to make effective a new set of stand -alone Personnel Rules and Regulations which do not require reference to prior enacted resolutions and ordinances.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY ORDAIN AS FOLLOWS:
1. Section 1. Recitals. The above recitals are true and correct and are hereby incorporated into this Ordinance.
2. Section 2. Personnel Rules and Regulations for the City of Colton Amended.
Resolution R-15-00 is hereby amended and restated as set forth in Exhibit 1b of this Ordinance, which is incorporated by this reference as if set forth in full at this point.
3. Section 3. Parentheticals. Parenthetical references of a historical nature are not a substantive part of this Ordinance and may be deleted and modified as necessary.
4. Section 4. Repeal of Ordinances. Each of the following ordinances previously enacted by the Ci ty and previously referenced in Resolution R -15-00 are hereby repealed in its entirety:
Ordinance Nos. 1122 and 1962, Amended by O-08-94 and O-19-98 Ordinance No. 1653
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Attachment: ORDINANCE NO. O-16-24 (4722 : Second Reading of Ordinance No. O-16-24)
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Ordinance No. 1680
Ordinance No. O-25-88
5. Section 5. Repeal of Resolutions. Each of the following resolutions previously enacted by the City and previously referenced in Resolution R -15-00 are hereby repealed in its entirety:
Resolution No. 26-86
Resolution No. 29-92
Resolution No. 30-98
Resolution No. 30-99
Resolution No. 106-93
Resolution No. 108-90
Resolution No. 128-88
Resolution No. 129-88
Resolution No. 2240
Resolution No. 2274
Resolution No. 2280
Resolution No. 2313
Resolution No. 2509
Resolution No. 2895
Resolution No. 2987
Resolution No. 3095
Resolution No. 3344
Resolution No. 3358
Resolution No. 3359
Resolution No. 3368
Resolution No. 3567
Resolution No. 3642
Resolution No. 3727
Resolution No. 3856
Resolution No. 3871
Resolution No. 3920
Resolution No. 4198
Resolution No. 4307
Resolution No. 4375
Resolution No. 4434
Resolution No. 4608
6. Section 6. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. This City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance be enforced.
7. Section 7. Effective Date. This Ordinance shall take effect immediately upon its adoption. The repeal of the above -listed resolutions and ordinances shall go into effect immediately.
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Attachment: ORDINANCE NO. O-16-24 (4722 : Second Reading of Ordinance No. O-16-24)
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8. Section 8. No Reenactment for One Year. Pursuant to California Elections Code section 9241, the above repealed ordinances and resolutions, or any substantially similar act, shall not again be enacted by the City Council for a period of one year after the date of this repeal.
PASSED, APPROVED AND ADOPTED THIS 15TH DAY OF OCTOBER 2024.
____________________________
FRANK J. NAVARRO
Mayor
ATTEST:
__________________________________
STEPHANIE M. VARGAS
Chief Deputy City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER, LLP
City Attorney
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Attachment: ORDINANCE NO. O-16-24 (4722 : Second Reading of Ordinance No. O-16-24)