Agenda packet — Colton City Council, May 20, 2025 (part 1 of 3)

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 Clerk Isaac T. Suchil
City Treasurer Henry M. Razo

City Manager William R. Smith
City Attorney Carlos Campos

AGENDA

CITY COUNCIL,

COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,

COLTON HOUSING AUTHORITY

REGULAR MEETING
TUESDAY, MAY 20, 2025 – 5:00 P.M.

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

CLOSED SESSION CALLED TO ORDER

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

Persons desiring to submit paperwork to the City Council Members shall provide 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.

2 A. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representatives: Bill Smith, City Manager Employee Groups: Teamsters - General Employees
Teamsters - Mid-Manager Employee Association
International Brotherhood of Electric Workers, Local 47 - Electric Division International Brotherhood of Electric Workers, Local 47 - Water/Wastewater Division Colton Police Officers Association (CPOA)
Colton Police Management Association (CPMA)
Colton Police Dispatchers Association (CPDA)
Colton Police Civilian Employee Association (CPCA)
Colton Firefighters Association (CFA)
Confidential Employees Group
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8)) Property: APN 0276-144-55 & 0276-144-54
Agency Negotiator: Bill Smith, City Manager
Negotiating Parties: MGR Real Estate
Under Negotiation: Price and Terms of Payment

CITY ATTORNEY ORAL REPORT ON CLOSED SESSION ACTIONS

RULES OF DECORUM

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

OPEN SESSION
6:00 P.M.

OPEN SESSION CALLED TO ORDER
INVOCATION Pastor Don Duenez - Echoes of Love Ministry FLAG SALUTE Veterans of Foreign Wars (VFW) Commander Bernie Moyeda

ROLL CALL

CEREMONIAL MATTERS
Presentations, Awards, Proclamations
• Proclamation - Colton Student Leadership Day
• Recognitions - Colton Youth Leadership
• Recognitions - Colton High School SoCal STEAM Challenge Participants

3 MAYOR AND COUNCIL ITEMS

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

APPOINTMENTS
• Appointment - Recreation and Parks Youth Commissioner - Ava Diaz

MAYOR AND COUNCIL DISCUSSION ITEMS

PUBLIC HEARINGS

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

(1) Public Hearing - LRA Fire Hazard Severity Zones - TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO INTRODUCE BY TITLE ONLY AND WAIVE THE FULL READING OF ORDINANCE O -06-25, AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, ADOPTING LRA FIRE HAZARD SEVERITY ZONES, ORDINANCE NO. O-06-25.
[Staff Person: Ray Bruno]
Mayor announces the Public Hearing Open.

City Clerk submits the Affidavit of Publication and reports on protests or objections thereto.

Staff Presentation.

Public Comment.

After hearing public comment, on motion by Councilmember __________, seconded by Councilmember _________, the Public Hearing is terminated.

MOTION __________ SECOND __________

4 BUSINESS ITEMS
There are no Business Items.

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.

(2) Minutes - Approval of Minutes for the City Council Special Meeting Held on April 28, 2025, on File in the Office of the City Clerk.
[City Clerk: Isaac T. Suchil]
(3) Warrants - Approve US Bank voucher dated 03/20/2025 and totaling $79,256.75; voucher numbers 218824 to 218938 dated 04/17/2025 and totaling $1,570,974.39 and voucher numbers 218939 to 219068 dated 04/24/2025 and totaling $3,420,797.59.
[Staff Person: Stacey Dabbs]
(4) Bid Rejection - La Loma Reservoir Project - Reject All Bids for the La Loma Reservoir Project. [Staff Person: Chad Blais]
(5) Change Order - Estate Design and Construction - Approve Change Order #1 to Contract with Estate Design and Construction for the Water Department Restroom Remodel Project. [Staff Person: Chad Blais]
(6) Change Order - Unlimited Environmental Inc. - Approve Change Order #1 to the Contract with Unlimited Environmental, Inc. for Rialto Tank Demolition Project. [Staff Person: Chad Blais]
(7) Contract Amendment - Krieger and Stewart, Inc. - Approve Contract Amendment with Krieger and Stewart, Inc. for Engineering Design & Construction Services.
[Staff Person: Chad Blais]
(8) Contract Award - CASC Engineering - Approve 2025 Contract with CASC Engineering to Provide On-Call Environmental Consulting Services.
[Staff Person: Heidi Duron]

5 (9) Contract Award - Kimley-Horn & Associates - Approve 2025 Contract with Kimley-Horn & Associates to Provide On-Call Environmental Consulting Services.
[Staff Person: Heidi Duron]
(10) Contract Award - Matich Corp - Approve Contract Award to Matich Corporation for the Fiscal Year 2024- 2025 Asphalt Paving Project, and Approve and Adopt a Resolution Amending the Fiscal Year 2024 -2025 Capital Improvement Budget, RESOLUTION NO. R-30-25.
[Staff Person: Chad Blais]
(11) Contract Award - SWC Contracting - Approve Contract Award to SWC Contracting for the Equipping of Well Plant No. 33 Project and Corresponding Budget Resolution, RESOLUTION NO. R-34-25. [Staff Person: Chad Blais]
(12) Contract Inspection Services - TKE - Approve a Contract with TKE Engineering Inc., for Inspection Services for the Well 22 and 33 Construction Projects.
[Staff Person: Chad Blais]
(13) Cooperative Agreement Amendment - San Bernardino County Transportation Authority - Approve Amendment No. 2 to Second Amended and Restated Cooperative Agreement No.18 -1001904-05 with the San Bernardino County Transportation Authority (SBCTA) for the I-10/ Mt. Vernon Avenue Interchange Project (Project), RESOLUTION NO. R-31-25.
[Staff Person: Chad Blais]
(14) Emergency Condition - Agua Mansa Power Plant - Confirm Ongoing Emergency Condition at Agua Mansa Power Plant.
[Staff Person: Charles Berry]
(15) FY2025-26 Budget Adoption - Approve and Adopt the Fiscal Year 2025-26 Budget and the Annual GANN Limit for FY2025-26, RESOLUTION NO. R-32-25, R-33-25, CHA-02-25, CUA-02-25. [Staff Person: Stacey Dabbs]
(16) Notice of Completion - Citywide Roofing Tile Replacement Project - Approve the Execution and Recordation of the Notice of Completion for the Citywide Roofing Tile Replacement Project. [Staff Person: Chad Blais]
(17) Property Purchase - M Street - Approve and Adopt a Resolution Approving the Purchase of the M Street Property for $900,000, RESOLUTION NO. R-106-24.
[Staff Person: Tom Welch]
(18) Purchase - Sherman & Reilly - Approve Purchase of TRT-184/160 Single Turret Trailer from Sherman & Reilly.
[Staff Person: Charles Berry]
(19) Purchase - Sherman & Reilly - Approve Purchase of One DDHXA-75 Duct Dawg Trailer from Sherman & Reilly.
[Staff Person: Charles Berry]
(20) 2025-2028 Pre-Qualified List - Environmental Consultants - Approve and Adopt a Resolution Approving the 2025-2028 Environmental Consultants Pre-Qualified List, RESOLUTION NO. R-29-25. [Staff Person: Heidi Duron]

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

CITY MANAGER'S REPORTS

ADJOURNMENT

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

RULES OF DECORUM

NOTICE TO PUBLIC

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

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

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

LEGAL CHALLENGES

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

MANUAL OF PROCEDURE

The City Council adopted its Manual of Procedure pursuant to Resolution No. R-41-18, with the latest updates being approved on November 2, 2021. Copies are available in the Office of the City Clerk.

ITEM NO. 1

STAFF REPORT

DATE: MAY 20, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: RAY BRUNO, FIRE CHIEF
SUBJECT: TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO

INTRODUCE BY TITLE ONLY AND WAIVE THE FULL READING
OF ORDINANCE O-06-25, AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF COLTON, CALIFORNIA, ADOPTING
LRA FIRE HAZARD SEVERITY ZONES, ORDINANCE NO. O-06-25.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve ordinance O-06-25 adopting the LRA fire hazard severity zones

BACKGROUND

The Legislature has declared in Government Code Section 51175(a): “Wildfires are extremely costly, not only to property owners and residents, but also to local agencies. Wildfires pose a serious threat to the preservation of the public peace, health, or safety. The wildfire front is not the only source of risk since embers, or firebrands, travel far beyond the area impacted by the front and pose a risk of ignition to a structure or fuel on a site for a longer time. Since fires ignore civil boundaries, it is necessary that cities, counties, special districts, state agencies, and federal agencies work together to bring wildfires under control. Preventative measures are needed to ensure the preservation of the public peace, health, and safety.”

Pursuant to Government Code Section 51179(a), the City of Colton is required to designate, by Ordinance, Moderate, High, and Very High Fire Hazard Severity Zones in its jurisdiction, within 120 days of receiving map updates from the California State Fire Marshal pursuant to Government Code Section 51178.

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Staff Report to the Mayor and City Council
Public Hearing - LRA Fire Hazard Severity Zones
May 20, 2025

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The purpose of these Government Code sections is to identify areas where a very high fire hazard is present so that public officials can identify and enforce measures that will mitigate the rate of spread and reduce the potential intensity of uncontrolled fires that threaten to destroy resources, life, or property. Properties identified as being within a Very High Fire Hazard Severity Zone are subject to certain design, construction and brush clearance requirements as set forth in the building and fire codes.

ISSUES/ANALYSIS

The City of Colton received the updated CALFIRE map titled “LRA Fire Hazard Severity Zones” dated March 24, 2025.

The updated maps incorporate the latest scientific methodologies and data, including vegetation mapping, fire history, weather patterns, and terrain analysis. These improvements enhance our ability to identify at-risk areas and implement appropriate mitigation measures.

Senate Bill 63 (Stern, 2021) now requires the adoption of all three Fire Hazard Severity Zone classes in the Local Responsibility Area.

FISCAL IMPACTS

None.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. LRA maps ordinance 2025 O-06-25 Final

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ORDINANCE NO. O-06-25

AN ORDINANCE OF THE CITY OF COLTON,
CALIFORNIA, AMENDING CHAPTER 6.48 TO THE

COLTON MUNICIPAL CODE ADOPTING THE NEW LRA

FIRE HAZARD SEVERITY ZONES

WHEREAS, The Legislature has declared in Government Code Section 51175(a):
“Wildfires are extremely costly, not only to property owners and residents, but also to local agencies. Wildfires pose a serious threat to the preservation of the public peace, health, or safety.

The wildfire front is not the only source of risk since embers, or firebran ds, travel far beyond the area impacted by the front and pose a risk of ignition to a structure or fuel on a site for a longer time. Since fires ignore civil boundaries, it is necessary that cities, counties, special districts, state agencies, and federal agencies work together to bring raging fires under control. Preventative measures are needed to ensure the preservation of the public peace, health and safety.”

WHEREAS, Pursuant to Government Code Section 51179(a), the city is required to designate, by ordinance, Moderate, High, and Very High Fire Hazard Severity Zones in its jurisdiction, within 120 days of receiving recommendations from the State Fire Marshal pursuant to Government Code Section 51178.

WHEREAS the Legislature has declared in Government Code section 51175, subdivision (b), that prevention of fires is not a municipal affair, but instead is a matter of statewide concern; and

WHEREAS, pursuant to Government Code section 51179, the director of CALFIRE has published maps depicting areas designated as LRA Fire Hazard Severity Zones, has recommended that local agencies adopt these zones through local ordinance and Government Code section 51179, subdivision (a), requires the city to designate by ordinance LRA Fire Hazard Severity Zones in its jurisdiction within 120 days after receiving recommendations from CALFIRE; and

WHEREAS the City received from CALFIRE a map titled the “LRA Fire Hazard Severity Zones” dated March 24, 2025, attached hereto as Exhibit “A”; and

WHEREAS, the Fire Chief has reviewed the map and believes it accurately represents the Very High Fire Severity Zones within the City and the City desires to adopt the map; and

WHEREAS all provisions in any previously adopted City ordinances designating Fire Severity Zones within the City of Colton’s jurisdiction, are superseded by the provisions of this Ordinance.

NOW, THEREFORE, the City Council of the City of Colton, California, does ordain as follows:

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SECTION 1. Incorporation of Recitals . The City Council hereby finds that all of the foregoing recitals presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council.

SECTION 2. Amending Chapter 6.48 to the City’s Municipal Code. Chapter 6.48 of the City of Colton Municipal Code is hereby amended in its entirety to read as follows:

“CHAPTER 6.48 – VERY HIGH FIRE HAZARD SEVERITY ZONES

6.48.010 – Adoption of LRA Fire Hazard Severity Zones Map

The City of Colton LRA Fire Hazard Severity Zones map (CALFIRE March 24, 2025) is hereby adopted by the City for the purpose of identifying areas within the Fire Hazard Severity Zones and for enforcement of the provisions of Title 24 California Code of
Regulations, California Building Code, Part 2, Chapter 7A, in all Very High Fire Hazard Severity Zones.

6.48.020 Fire Chief Authority; Very High Fire Hazard Severity Zones.

The City Council hereby delegates authority to the City’s Fire Chief to designate future Very High Fire Hazard Severity Zones in the City, pursuant to Government Code section 51175 et seq. and recommendations from CALFIRE.”

SECTION 3 . Posting. The City shall post a notice at the office of the San Bernardino Recorder, San Bernardino County Assessor, and San Bernardino County Planning Department identifying the location of the Very High Fire Hazard Severity Zones in LRA map adopted pursuant to this Ordinance.

SECTION 4. Transmittal. The City shall transmit a copy of this Ordinance to the State Board of Forestry and Fire Protection within 30 days of adoption.

SECTION 5 . Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional.

SECTION 6. Compliance with California Environmental Quality Act. Based on the entire record before the City Council, and all written and oral evidence presented to the City Council, the City Council hereby finds that this ordinance is exempt from review under the California Environmental Quality Act (“CEQA”), pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of th e CEQA Guidelines,

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California Code of Regulations, Title 14, Article 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days after its adoption.

SECTION 8. Publication. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a local newspaper of general circulation and which is hereby designated for that purpose.

PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF MAY 2025.

_______________________________________
FRANK J. NAVARRO
Mayor

ATTEST:

_____________________________________
ISAAC T. SUCHIL
City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

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Attachment: LRA maps ordinance 2025 O-06-25 Final (4934 : Public Hearing - LRA Fire Hazard Severity Zones)

ITEM NO. 2

STAFF REPORT

DATE: MAY 20, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: ISAAC SUCHIL, CITY CLERK
SUBJECT: APPROVAL OF MINUTES FOR THE CITY COUNCIL SPECIAL MEETING HELD ON APRIL 28, 2025, ON FILE IN THE OFFICE OF THE CITY CLERK.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approval of Minutes for the City Council Regular Meeting held on April 28, 2025.

BACKGROUND

Minutes for the City Council Special Meeting held on April 28, 2025.

FISCAL IMPACTS

None

ATTACHMENT

1. 04-28-2025 - Draft Minutes
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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 Clerk Isaac T. Suchil
City Treasurer Henry M. Razo

City Manager William R. Smith
City Attorney Carlos Campos

BUDGET SPECIAL MEETING MINUTES

CITY COUNCIL,

COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,

COLTON HOUSING AUTHORITY

SPECIAL MEETING
MONDAY, APRIL 28, 2025 – 5:30 P.M.

CITY HALL, COUNCIL CHAMBERS

OPEN SESSION
5:30 P.M.

OPEN SESSION CALLED TO ORDER – At 5:30

CITY COUNCIL ROLL CALL
Councilmembers present were CM Chastain, CM González, CM Echevarria and Mayor Navarro; MPT Toro was absent at the time of Roll Call, but arrived at 5:31pm.

The City Treasure, Henry M. Razo, and the City Clerk, Isaac T. Suchil, were also present.

STAFF PRESENT
William R. Manager Smith City Manager, Stacey Dabbs Finance Director, and Charles Berry Electric Utility Director.

MAYOR AND COUNCIL ITEMS
GIFT DISCLOSURES - None
AB 1234 ORAL REPORTS - None

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Attachment: 04-28-2025 - Draft Minutes (4941 : Draft Minutes 04-28-25)

2 MAYOR AND COUNCIL DISCUSSION ITEMS - None

BUSINESS ITEM(S)

1. Fiscal Year 2025-26 Budget Workshop #1 – Stacey Dabbs presented a PowerPoint to the Mayor and City Council for review and discussion.

PUBLIC COMMENT – None

COUNCIL DISCUSSION AND QUESTIONS
All members of the City Council along with Mayor Navarro had questions about the budget presentation study, and staff responded to all questions and addressed any concerns.

Mayor Navarro made the following recommendations:
• Look into funding a full-time deputy city clerk as requested by the City Clerk’s Office.
• Look into funding (3) full-time firefighter/EMTs as requested by Colton Fire Department.

CM Chastain requested that staff look into funding (1) part-time Community Service Officer.

All recommendations were directed to the City Manager without further discussion or objections from the City Council.
(all comments by staff and council can be viewed on our Colton City Website (www.coltonca.gov)

ADJOURNMENT
Mayor Navarro Adjourned the Special Budget Workshop Meeting at 7:47p.m.

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Attachment: 04-28-2025 - Draft Minutes (4941 : Draft Minutes 04-28-25)

ITEM NO. 3

STAFF REPORT

DATE: MAY 20, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE US BANK VOUCHER DATED 03/20/2025 AND
TOTALING $79,256.75; VOUCHER NUMBERS 218824 TO 218938
DATED 04/17/2025 AND TOTALING $1,570,974.39 AND VOUCHER NUMBERS 218939 TO 219068 DATED 04/24/2025 AND TOTALING
$3,420,797.59.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve US Bank voucher dated 03/20/2025 and totaling $79,256.75; voucher numbers 218824 to 218938 dated 04/17/2025 and totaling $1,570,974.39 and voucher numbers 218939 to 219068 dated 04/24/2025 and totaling $3,420,797.59.

BACKGROUND

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

ISSUES/ANALYSIS

All vouchers and related backup documentation have been reviewed by the Finance Director and City Manager.

FISCAL IMPACTS

None.

ALTERNATIVES
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Staff Report to the Mayor and City Council
Warrants - Accounts Payable
May 20, 2025

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1. Provide alternative direction to staff.

ATTACHMENT

1. Fund Number and Title Legend

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

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ITEM NO. 4

STAFF REPORT

DATE: MAY 20, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHAD BLAIS, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: REJECT ALL BIDS FOR THE LA LOMA RESERVOIR PROJECT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Reject all bids for 3.0 MG La Loma Reservoir and provide direction to staff to modify the project and re-advertise for bids.

BACKGROUND

Construction of a new 3.0 MG water reservoir is proposed to meet a portion of the City’s anticipated water requirements over the next ten years. The proposed project shall alleviate operations by increasing the storage and the efficiency during its operations and peak demand.

The construction plans and specifications documents for the 3.0 MG La Loma Reservoir were completed by Krieger and Stewart, Incorporated. In accordance with Colton Municipal Code (CMC) Section 3.08.090, a request for Notice Inviting Formal Bids was published in The Press Enterprise on November 22, 2024, and November 29, 2024. The following bids were received on December 17, 2024, for the Project:

1 Pacific Tank and Construction Inc. $ 6,977,832.00 2 Paso Robles Tank Inc. $ 6,991,000.00

The contracts for competitively bid public projects must be awarded to the lowest responsible bidder. As shown above, Pacific Tank and Construction Inc of San Juan Capistrano, California, submitted the lowest base bid and is the apparent low bidder. 4 Packet Pg. 98
Staff Report to the Mayor and City Council
Bid Rejection - La Loma Reservoir Project
May 20, 2025

Page 2 ends

ISSUES/ANALYSIS

On January 25, 2017, the draft CEQA report and study prepared by Krieger and Stewart, Incorporated identified that the project site for the proposed water reservoir which is located within the Habitat for Coastal California Gnatcatcher (Polioptila Californica) a small, 10.8 centimeter long insectivorous bird listed as an endangered species by the U.S. Fish and Wildlife Services.

Because the project site is located within a designated critical gnatcatcher habitat, focused surveys are required. They must be conducted by a qualified biologist before construction starts to determine the gnatcatchers presence or absence on the project site, as well as any potential impacts on the gnatcatcher and its designated critical habitat. If gnatcatchers are determined to be absent from the project site, then construction may commence without further mitigation measures for gnatcatchers. However, if gnatcatchers are identified on the project site, then the City will need to contact the California Department of Fish and Wildlife (CDFW) to determine appropriate actions before commencement of construction.

In September 2024, Krieger and Stewart, Incorporated started the focus survey. On the January 30, 2025 report, it was discovered and was found that the project area is a nesting ground for the gnatcatcher. Due to this findings, additional investigation and mitigation are required to comply with CEQA which will take about 12 to 18 months to complete and delay the start of construction to an unknown date. Thus, staff recommends rejecting all bids and rebid the project after the environmental issues have been properly resolved.

FISCAL IMPACTS

There is no direct fiscal impact for the recommended action. Current staffing resources will be utilized to refine the bid package and re-bid the project. Appropriations for the 3.0 MG La Loma Reservoir Project are available in the FY2024 -25 adopted budget in Water Fund Reservoir Capital Improvement Account #521-8100-8104-3890-0000-000

ALTERNATIVES

1. Provide alternative direction to staff.
4 Packet Pg. 99

ITEM NO. 5

STAFF REPORT

DATE: MAY 20, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHAD BLAIS, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE CHANGE ORDER #1 TO CONTRACT WITH ESTATE

DESIGN AND CONSTRUCTION FOR THE WATER DEPARTMENT
RESTROOM REMODEL PROJECT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve Change Order No. 1 for the Water Department Restroom Remodel Project in the amount of $30,292.31 and authorize the City Manager to execute Change Order No. 1.

BACKGROUND

The Water Department Office, a 2,500 -square-foot facility located at the City’s Corporate Yard, was originally constructed in 1981. Currently, 1,200 square feet is allocated for storage and workshop use, while the remaining 1,300 square feet serves as office space, including a single restroom shared by 18 staff members, both male and female.

The existing approved project aims to convert the 1,200 -square-foot storage area into a multi - stall restroom and locker room area, establish a dedicated break room, and retain a functional workshop. This renovation will include the installation of new walls, flooring, plumbing fixtures, partitions, electrical systems, and HVAC.

ISSUES/ANALYSIS

On November 5, 2024, City Council approved the award of contract to Estate Design and Construction as the lowest responsive and responsible bidder for $151,547.

5 Packet Pg. 100
Staff Report to the Mayor and City Council
Change Order - Estate Design and Construction
May 20, 2025

Page 2 ends

During the course of construction, staff identified interior layout and design changes which would were preferred for the project. This included the blocking of a window, which was originally intended to remain in place, with a framed interior wall. The purpose of this change was due to the space being utilized as a locker room. Full height lockers would block off the existing window from the outside view, but if lockers were moved around or changed out in the future, this could pose a privacy concern for staff. Additionally, waterproofing of the proposed shower and interior finishing at this location, including epoxy flooring to match adjacent rooms was highly recommended to reduce the likelihood of water damage, and to increase the overall lifespan of the building. Lastly, during construction, it was determined that an error in the plans and specifications excluded the HVAC upgrades required for the building and the contractor provided a change order to cover the additional cost for furnishing and installing the associated mechanical, electrical equipment and engineered design of HVAC necessary to complete the project. The project is currently 85% complete and the contractor has made significant progress with the restroom remodel while demonstrating good workmanship.

City staff has negotiated with the contractor and both parties agrees to use the contract unit prices for this additional work. The following change orders have been requested as part of the project:

CO # 1 Install additional wall and blocking of existing window $ 1,875.60 CO # 2 Shower wall and waterproofing $8,194.71
CO # 3 Furnish and Install HVAC per RPM Mechanical Design $18,582.00 CO # 4 Epoxy Flooring $11,640.00
CO # 5 Construction Changes Adjustment Credit ($10,0000)

Upon discussion and review, staff is recommending the approval of the change order for the remaining work which will ultimately result in the most cost -effective and efficient approach to completing the project. This additional work resulted in Change Order No. 1 (Exhibit A) in the amount of $30,292.31 (19.99%). The total cost for the project is $181,839.31.

FISCAL IMPACTS

Sufficient funds for the Water Department Restroom Remodel are available in the FY2024 -25 budget in Water Fund Capital Improvement Account #521-8100-8101-3890-0000-000.

ALTERNATIVES

1. Provide direction to staff.

ATTACHMENT

1. Change Order No. 1
5 Packet Pg. 101
DATE:

FROM: VICTOR ORTIZ, P.E., CITY ENGINEER
TO: KEVIN FLORES, Estate Design and Construction
1902 Westwood Blvd #200 Los Angeles CA, 90025
INSTRUCTIONS TO THE CONTRACTOR AT THE REQUEST OF THE CITY ENGINEER:

These modifications are based upon site requirement for the completion of the project.

I. Summary of Changes
Item No. Description of Work Quantity Unit Unit Cost Total Cost

1.0 Wall Blocking Window 1 LS 1,875.60$ = 1,875.60$

2.0 Complete Shower Wall & Door and Waterproofing 1 LS 8,194.71$ = 8,194.71$

3.0 Furnish ad Install complete HVAC system 1 LS 18,582.00$ = 18,582.00$

4.0 Epoxy Flooring 1 LS 11,640.00$ = 11,640.00$

5.0 Construction Changes Adjustment Credit 1 LS (10,000.00)$ = (10,000.00)$ TOTAL AMOUNT OF CHANGE ORDER = 30,292.31$
II. CONTRACT AMOUNT RECONCILLATION
ORIGINAL AMOUNT OF CONTRACT = 151,547.00$
CONTRACT ADJUSTMENT = 30,292.31$
TOTAL COST OF CONTRACT AS PER CHANGE ORDER = 181,839.31$

CHAD BLAIS, PUBLIC WORKS AND UTILITY SERVICES DIRECTOR

KEVIN FLORES, ESTATE STATE DESIGN AND CONSTRUCTION

CITY OF COLTON
April 24, 2025

PUBLIC WORKS AND UTILITIES DEPARTMENT

CONTRACT CHANGE ORDER

WATER DEPARTMENT RESTROOM REMODEL PROJECT
DATE
The amount of the contract will be increased by the sum of $30,292.31 and the contract time shall be extended by 14 calendar days. The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner.

Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in Contract, law or equity, arising out of or related to the subject of the change order, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages.

DATE

BILL SMITH, CITY MANAGER DATE
1 of 1

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Packet Pg. 102
Attachment: Change Order No. 1 (4913 : Change Order - Estate Design and Construction)

ITEM NO. 6

STAFF REPORT

DATE: MAY 20, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHAD BLAIS, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE CHANGE ORDER #1 TO THE CONTRACT WITH
UNLIMITED ENVIRONMENTAL, INC. FOR RIALTO TANK
DEMOLITION PROJECT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve Change Order No. 1 for the Demolition of Rialto Tank Foundation Project in the amount of $21,300.00 and authorize the City Manager to execute Change Order No. 1.

BACKGROUND

The concrete water tank, known as Rialto Reservoir I, was commissioned by the Works Progress Administration and constructed in 1934. The tank was decommissioned and has been out of functional use and service since the early 1990’s due to a leak. The tank does not meet the current seismic and safety codes due to the age and material of the structure.

On September 5, 2023, a construction contract was originally awarded to Resource Environmental Inc. for the demolition of the concrete reservoir . The scope of the work is to completely remove and dispose of the entire concrete tank. During demolition and excavation, suspected asbestos -containing materials were reported. A hazardous material assessment and asbestos survey was conducted on the project site by Ecologics Laboratories on February 2024 to verify collected materials and identify if they fall within the regulatory authority of EPA, OSHA, Cal-OSHA or the SCAQMD. Multiple methods of testing were provided, and findings show visible asbestos on the lining of the foundation. Due to substantial change in the scope, staff recommended to re-bid the remaining work, which is the removal of the contaminated reservoir foundation.
6 Packet Pg. 103
Staff Report to the Mayor and City Council
Change Order - Unlimited Environmental, Inc
May 20, 2025

Page 2 ends

ISSUES/ANALYSIS

On August 15, 2024, the removal of the remaining foundation project was re-bid. On October 15, 2024, the project was awarded to Unlimited Environmental, Inc. in the amount of $224,000. The Notice to Proceed for the Project was issued on December 30, 2024.

The bid quantities were based on the record drawing s that were available. During demolition, the thickness of the foundation was greater than what was shown on the as -built plans which resulted in an additional volume of concrete removal and disposal. Due to these unforeseen site conditions along with additional inspections by the asbestos consultant and the cost of concrete removal necessary to complete the work, the contract amount has increased. The additional works identified in Change Order No.1 (Exhibit A) resulted in a contract change of $21,300 (9.50%). The final contract amount for this project is $245,300.

FISCAL IMPACTS

Sufficient appropriations for the Concrete Tank Foundation Demolition Project Change Order No. 1 are available in the FY 2024-25 adopted budget in Water Fund Capital Improvement Account #521-8100-8101-3890-0000-000.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. Change Order - Unlimited Environmental Inc
6 Packet Pg. 104
DATE:

FROM: VICTOR ORTIZ, P.E., CITY ENGINEER
TO: JILL HUNT DUPLEICH, UNLIMITED ENVIRONMENTAL INC.
9945 Pioneer Blvd, Santa Fe Springs, CA 90670
INSTRUCTIONS TO THE CONTRACTOR AT THE REQUEST OF THE CITY ENGINEER:

These modifications are based upon site requirement for the completion of the project.

I. INCREASED QUANTITY
Item No. Description of Work Quantit y Unit Unit Cost Total Cost

1.0 Excess Demolition & Disposal of Concrete Tank Foundation 40 CY 391.55$ = 15,662.00$

2.0 Hazardous Waste Assessment - Asbestos Survey 1 LS 5,638.00$ = 5,638.00 $ TOTAL AMOUNT OF CHANGE ORDER #1 = 21,300.00$
II. DECREASED QUANTITY
Item No. Description of Work Quantit y Unit Unit Cost Total Cost N/A
-$
III. CONTRACT AMOUNT RECONCILLATION
ORIGINAL AMOUNT OF CONTRACT = 224,000.00$
CHANGE ORDER NO.1 = 21,300.00$
TOTAL COST OF CONTRACT AS PER CHANGE ORDER NO. 1 = 245,300.00$

CHAD BLAIS, PUBLIC WORKS AND UTILITY SERVICES DIRECTOR
JILL HUNT DUPLEICH, UNLIMITED ENVIRONMENTAL INC. DATE
The amount of the contract will be increased by the sum of$21,300.00 and the contract time shall be extended by19 calendar days. The undersigned Contractor approves the foregoing Change Order # 1as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order # 1. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner.

DATE

BILL SMITH, CITY MANAGER DATE

CITY OF COLTON
April 15, 2025

PUBLIC WORKS AND UTILITIES DEPARTMENT
CONTRACT CHANGE ORDER NO. 1

CONCRETE TANK FOUNDATION DEMOLITION PROJECT
1 of 1

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Packet Pg. 105
Attachment: Change Order - Unlimited Environmental Inc (4898 : Change Order - Unlimited Environmental, Inc)

ITEM NO. 7

STAFF REPORT

DATE: MAY 20, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHAD BLAIS, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE CONTRACT AMENDMENT WITH KRIEGER AND
STEWART, INC. FOR ENGINEERING DESIGN & CONSTRUCTION
SERVICES.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Authorize an increase in compensation to the current Professional Services Agreement (PSA) with Krieger and Stewart, Incorporated for Engineering Design and Construction Services for La Loma Reservoir Project by $136,100, for a total contract amount not-to- exceed $400,100.

2. Authorize the City Manager to execute the First (1st) Amendment to the PSA with Krieger and Stewart, Incorporated for Engineering Design and Construction Services for La Loma Reservoir Project.

BACKGROUND

On October 4, 2022 , the City awarded a contract to Krieger and Stewart, Incorporated for the preparation of the engineering study, environmental documents, engineering services and design for the Engineering Design and Construction Services for La Loma Reservoir Project (“Project”).

7 Packet Pg. 106
Staff Report to the Mayor and City Council
Contract Amendment - Krieger and Stewart, Inc.

May 20, 2025

Page 2 ends

ISSUES/ANALYSIS

The CEQA report and study prepared by Krieger and Stewart, Incorporated identified that the project site for the proposed water reservoir is located southwest of the intersection of La Cadena Drive and Tropica Ranch Road, which is within the Habitat for Coastal California Gnatcatcher (Polioptila Californica), a small, 10.8 -centimeter-long insectivorous bird listed as an endangered species by the U.S. Fish and Wildlife Services.

Because the project site is located within designated critical habitat for the coastal California gnatcatcher, focused surveys for the gnatcatcher will be conducted by a qualified biologist to determine its presence or absence on the project site, as well as any potential impacts to the gnatcatcher and its designated critical habitat. If gnatcatchers are determined to be absent from the project site, then construction may commence without further mitigation measures for gnatcatchers. However, if gnatcatchers are identified on the project site, then the City will need to contact the California Department of Fish & Wildlife ( CDFW) to determine appropriate actions before commencement of construction.

In September 2024, Krieger and Stewart, Incorporated started the focus survey and found that the project area did have gnatcatchers present . Due to these findings, additional investigation and mitigation are required to comply with CEQA which will take about 12 to 18 months to complete. Krieger & Stewart, Incorporated will provide the coordination and support to obtain an Incidental Take Permit (ITP) that will be required as part of Section 10 of the Federal Endangered Species Act (FESA) for the coastal California gnatcatcher and its designated habitat.

In addition, a Habitat Conservation Plan will be prepared to include a project description, covered species, environmental setting, biological resources, potential impacts, and mitigation approaches; and prepare an Environmental Assessment (EA) document that complies with the National Environmental Policy Act (NEPA). Due to this additional scope on the project, staff recommends an increase of $136,100.00, for a total contract amount not to exceed $400,100.00.

FISCAL IMPACTS

The total amount for engineering design and construction services for the La Loma Reservoir Project is funded from the Water Fund Reservoir Capital Improvement Reservoir Account #521 - 8100-8104-3890-0000. Sufficient appropriations for the change order are available in the FY2024-25 adopted budget.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Scope of Work
7 Packet Pg. 107

K R I E G E R & S T E W A R T , I N C O R P O R A T E D Mailing Address: 3890 Orange Street #1509, Riverside, CA 92502 Office Address: 3602 University Avenue, Riverside, CA 92501 Tel: (951) 684-6900  Fax: (951) 684-6986  www.kriegerandstewart.com January 30, 2025 312-70.11.1A
Jess Sotto, P.E.

City of Colton – Public Works and Utilities
160 South 10th Street
Colton, CA 92324
Subject: La Loma Reservoir No. 2
Additional Engineering Services for
USFWS Coordination for Threatened Species Habitat
Dear Mr. Sotto:

During our focused biological study for the CEQA documents for the La Loma Reservoir No. 2 (Project), Coastal California gnatcatchers were discovered onsite by our biological subconsultant (LSA Associates, Inc. or LSA). The Coastal California gnatcatcher is listed as a federally threatened bird species, and is also listed as a Bird Species of Special Concern by the State of California. As we discussed in our 1/14/2025 meeting with the City and LSA, coordination with the US Fish and Wildlife Service (USFWS) is expected to be a 12 to18 month process and will be required prior to construction of the project. In general, Krieger & Stewart, with the assistance of LSA, will provide the required support to obtain an Incidental Take Permit (ITP) consistent with Section 10 of the Federal Endangered Species Act (FESA) for the coastal California gnatcatcher and its designated habitat. In addition, we have included an optional task to prepare an Environmental Assessment (EA) document that complies with the National Environmental Policy Act (NEPA) if deemed necessary by the USFWS.

Accordingly, our proposed scope of services consists of the following tasks:

1. Coordinate with USFWS to Obtain an ITP
 Initial consultation with USFWS to discuss the Project and findings, and to determine the parameters for ITP for this project.
 Coordination with USFWS and Project team throughout.
 Prepare a Habitat Conservation Plan (HCP) that will include project description, covered species, environmental setting, biological resources, potential impacts, mitigation approach, and potential funding sources.
 Mitigation and conservation strategies research to provide viable mitigation bank and/or in-lieu-of fee alternatives for USFWS review. Note that if the USFWS requires the City to establish a project- specific conservation easement (or similar) K&S can prepare a scope of services and fee to assist the City in establishing said easement.

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Attachment: Scope of Work (4939 : Contract Amendment - Krieger and Stewart, Inc.) Jess Sotto
January 30, 2025

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2. Prepare NEPA Environmental Assessment (If Needed)

If the USFWS determines that the Project does not qualify for a Categorical Exclusion and that an Environmental Assessment (EA) is required to comply with NEP A, then we will prepare an EA.

Preparation of the EA will include the following tasks:

 Obtain USFWS approval for the members of LSA staff that will be preparing the NEPA EA  Kick-off meeting with Project team and USFWS to discuss action items, information needed, schedule of coordination and deliverables, and preparation of meeting minutes.  Coordination with USFWS and Project team throughout.
 Prepare draft EA sections for Proposed Action and Purpose and Need f or review by the City and USFWS; up to two revisions are expected.
 Prepare Draft NEPA EA documentation, including review and up to two revisions.  Submit Final NEPA EA for USFWS use.

3. Update CEQA Documents

Based on the results of Tasks 1 and 2, we will update the CEQA documents to reflect the Federal coordination.

Our estimated fee for above-described engineering services is $136,100, as shown on attached Table 1. Our fee is based on the rates in our current 2025 Fee Schedule, also attached. Based on previous experience with USFWS, we expect that this process will take 12 to 18 months to complete.

If you have any questions or require additional information, please call.

Sincerely,

KRIEGER & STEWART, INCORPORATED

William G. Huffman

WGH/blt
312-70P11-AddSvcs-L3

Attachments: Table 1 – Estimated Fees for Additional Engineering Services 2025 Fee Schedule

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Attachment: Scope of Work (4939 : Contract Amendment - Krieger and Stewart, Inc.) HOURS $ HOURS $ HOURS $ HOURS $

1. COORDINATE WITH USFWS TO OBTAIN ITP 4 1,036 8 1,808 4 740 2 274 91,713 95,571

2. 4 1,036 8 1,808 6 1,110 2 274 29,325 33,553

3. UPDATE CEQA DOCUMENTS 4 1,036 16 3,616 8 1,480 6 822 6,954 SUBTOTAL: 12 3,108 32 7,232 18 3,330 10 1,370 121,038 136,078 ADDITIONAL ENGINEERING SERVICES TOTAL (ROUNDED): 136,100 HOURLY RATES PER 2025 FEE SCHEDULE OUTSIDE SERVICES
(1) SENIOR ENGINEER II @ $259 /Hr (5) LSA ASSOCIATES , INC. (2) ASSOCIATE SPECIALIST II @ $226 /Hr
(3) OPERATOR III @ $185 /Hr
(4) STAFF TECHNICIAN III @ $137 /Hr

PREPARE NEPA ENVIRONMENTAL ASSESSMENT
(IF NEEDED)
TABLE 1

CITY OF COLTON PUBLIC WORKS AND UTILITIES
LA LOMA RESERVOIR NO. 2

ADDITIONAL ENGINEERING SERVICES FOR USFWS COORDINATION FOR THREATENED SPECIES HABITAT

ESTIMATED FEES FOR ENGINEERING SERVICES
TASK / COMPONENT $

ENVIRONMENTAL
SPECIALIST (2)

SUPPORT
SERVICES (4)

PROJECT
ENGINEER (1)
CADD
SERVICES (3) TOTAL

OUTSIDE
SERVICES (5)
$
312-70P11-AddSvcsFee-L3.xlsx (1/30/2025)

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Attachment: Scope of Work (4939 : Contract Amendment - Krieger and Stewart, Inc.)

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KRIEGER & STEWART, INCORPORATED

FEE SCHEDULE
2025

CLASSIFICATION

RATES
$/Hr.

Consulting, Design, Construction, Engineering, Environmental, Commissioning, and Surveying Services (Office)

Principal 289.00
Senior III 273.00
Senior II 259.00
Senior I 241.00
Associate III 233.00
Associate II 226.00
Associate I 218.00
Staff III 210.00
Staff II 185.00
Staff I 162.00
Computer Aided Design Services
Operator III 185.00
Operator II 176.00
Operator I 165.00
Surveying Services (Field)
2 Man Crew with Standard Equipment and Survey Truck 326.00 1 Man Crew with Standard Equipment and Survey Truck 252.00 3rd Man on Crew 151.00
Construction Services (Field)
Construction Engineer 233.00
Electrical Inspector 206.00
Construction Inspector Supervisor 183.00
Construction Inspector:

Regular Time 163.00
Overtime:

Weekdays (8 hours to 12 hours) 194.00
Weekdays (More than 12 hours) 234.00
Saturday (12 hours or less) 194.00
Saturday (More than 12 hours) 234.00
Sunday and Holiday (Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and the Day After, Christmas Day) 234.00

Support Services
Staff Technician III 137.00
Staff Technician II 131.00
Staff Technician I 126.00
Utility Clerk III 99.00
Utility Clerk II 91.00
Utility Clerk I 90.00

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Attachment: Scope of Work (4939 : Contract Amendment - Krieger and Stewart, Inc.)

KRIEGER & STEWART, INCORPORATED

FEE SCHEDULE
2025
(continued)

Page 2 of 2 ends

CLASSIFICATION

RATES
Outside Services
Special Consultants and Purchased Services Cost + 15%
Reimbursable Expenses
Vehicle Mileage (IRS Rate, as of 12/31/24) $0.70 / Mile Inspection Vehicle and Equipment Charge $8.00 / Hr
Travel and Subsistence, including Air Fare, Ground Fare, and Vehicle Parking Cost Specialized Rental Equipment Cost
Copies, Delivery, Postage, Prints, Telephone, and Sundry Charges Cost

The above rates are subject to change on or about January 1 each year due to salary and cost increases, except for Construction Inspector and Survey Crew rates which are also subject to change if California Department of Industrial Relations issues new prevailing wage determinations during the course of the year . A gasoline surcharge may be included in response to increased prices; no such surcharge will be included on project invoices without prior notification.

TERMS OF PAYMENT:

Unless charge accommodations have been established beforehand, all accounts shall be prepaid. For accounts having charge accommodations, payment in full shall be made within 30 days of date of invoice. Any amount unpaid within said 30 days will be assessed a service charge of 1-1/2% per month (18% annual percentage rate), with a minimum charge of 1.00. Accounts with a past due balance of 30 days or more are subject, without notice, to credit discontinuance and mechanic's lien or stop notice. If it becom es necessary for Krieger & Stewart to initiate legal proceedings for the collection of any balance due, the action shall be brought and tried in the Judicial Districts wherein Krieger & Stewart offices are located. Client agrees that the court may award reasonable attorney's fees and costs of suit to the prevailing party.

2025-FEES (12/31/2024)

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Attachment: Scope of Work (4939 : Contract Amendment - Krieger and Stewart, Inc.)

ITEM NO. 8

STAFF REPORT

DATE: MAY 20, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: HEIDI DURON, DEVELOPMENT SERVICES DIRECTOR SUBJECT: APPROVE 2025 CONTRACT WITH CASC ENGINEERING TO PROVIDE ON-CALL ENVIRONMENTAL CONSULTING SERVICES.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Authorize the City Manager to execute a Professional Services Agreement (PSA) with CASC Engineering for $200,000 to provide on-call environmental consulting services for the City of Colton.

BACKGROUND

On May 20, 2025, the City Council will be reviewing and City staff anticipates approval of the 2025-2028 list of pre -qualified environmental consultants (Resolution No. R -29-25). The list, valid for three years, streamlines the environmental consultant selection and contracting process to some extent for privately -initiated development projects. However, the per -project contracting process remains cumbersome and it can require several months until the consultants receive authorization to proceed. Therefore, staff have examined other jurisdictions and consulted with the City Attorney to develop a more streamlined environmental review process to better serve the needs of our community. On -call contracts appear to be the most productive for projects that are privately-initiated (i.e., full cost recovery). The selection of firm for the on -call service may be reviewed annually and may change firm at the City’s discretion. The budget for this item is reviewed every fiscal year.

ISSUES/ANALYSIS

City Council approval of the updated 2025 –2028 Pre-Approved List of Environmental Firms is being presented concurrently with the “on -call” services firms and will appear on the same May 8 Packet Pg. 113
Staff Report to the Mayor and City Council
Contract Award - CASC Engineering
May 20, 2025

Page 2 ends

20, 2025, agenda. The CASC firm is on the Pre-Approved Environmental Consultant list that the City Council will be acting on simultaneously.

Staff is recommending 2025 on -call contract with CASC, an engineering, planning and environmental firm with offices in the City of Colton. The on -call contract will allow staff to request a scope of work, budget and schedule to perform environmental review of applications soon after they are received, rather than pursuing an individual contract for each application.

Upon a notice to proceed from staff, the consultant will proceed with work in accordance with the scope of work approved by staff. It is expected that the on -call contract will help improve the Planning application processing timeframes, as well as consultant responsiveness.

FISCAL IMPACTS

Sufficient appropriations are available FY 202 4-25 Development Services Planning Division Professional Services Expenditure Account No. 100-6300-6301-2357-0000-000 for the $200,000 contract. All expenditures under this contract are fully reimbursable, based on applicant deposit prior to authorization for the consultant to proceed.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. CASC_OnCall Services PSA 2025
8 Packet Pg. 114
(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-1

CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

CASC ENGINEERING AND CONSULTINGH ON-CALL SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this 20TH day of May, 2025, by and between the City of Colton, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 650 North La Cadena Drive, Colton, California 92324 ("City") and CASC Engineering and Consulting, Inc., an environmental services firm, with its principal place of business at 1470 E. Cooley Drive, Colton, CA 92324 (“Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional consulting services required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing On-Call Environmental Document Preparation Services to public clients, is licensed in the State of California, and is familiar with the plans of City.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional environmental consulting 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 Agreem ent, 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 May 20, 2025 to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one-year terms 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 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Serv ices under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers,

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Attachment: CASC_OnCall Services PSA 2025 (4937 : Contract Award - CASC Engineering) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-2

directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

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

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

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

3.2.5 City's Representative . The City hereby designates Heidi Duron, Development Services Director , or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").

City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreeme nt. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.6 Consultant's Representative. Consultant hereby designates Frank Coyle, Director of Planning, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this A greement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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Attachment: CASC_OnCall Services PSA 2025 (4937 : Contract Award - CASC Engineering) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-3

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

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

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a t hreat 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 Con sultant and shall not be re -employed to perform any of the Services or to work on the Project.

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

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

3.2.10 Laws and Regulations ; Employee/Labor Certification . Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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

Consultant 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

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Attachment: CASC_OnCall Services PSA 2025 (4937 : Contract Award - CASC Engineering) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-4

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

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

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

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

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

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

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

3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and

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Attachment: CASC_OnCall Services PSA 2025 (4937 : Contract Award - CASC Engineering) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-5

regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be l imited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.11 Insurance.

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

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

Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance . Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability :

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance . Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of 1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such

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Attachment: CASC_OnCall Services PSA 2025 (4937 : Contract Award - CASC Engineering) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-6

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 unde r this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.

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

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

3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(A).
(B) Automobile Liability . The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its di rectors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B).

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

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

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

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

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

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

3.2.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a per son authorized by that insurer to bind coverage on its behalf, and shall

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be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

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

3.2.13 Water Quality Management and Compliance.

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

3.2.13.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, w ithout limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the Californi a Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.

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

3.2.13.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, a nd ordinances listed in Section 3.2.12.2 of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to

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reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed two-hundred thousand dollars ($200,000) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

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

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

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

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

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant s hall make copies of the prevailing rates of per

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diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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

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

3.5 Accounting Records.

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

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination . City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and

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Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

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

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

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

Consultant: CASC Engineering and Consulting
1470 E. Cooley Drive
Colton, CA 92324

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

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are pre pared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant

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shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

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

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

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

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be di sclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed c onfidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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

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

3.6.4 Cooperation; Further Acts . 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.

3.6.5 Indemnification.

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

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

3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.6.7 Governing Law; Government Code Claim Compliance . This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions,

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Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have be en followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

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

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

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

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

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

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

3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

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

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

3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely

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for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing O fficer as required under state law in th e performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6.18 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

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

3.7 Subcontracting.

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

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SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF COLTON AND CASC ENGEEING

AND CONSULTING

CITY OF COLTON CASC ENGINEERING AND CONSULTING.

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

City Manager Title:

Attest:

By: ____
Isaak T. Suchil
City Clerk

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EXHIBIT "A"

SCOPE OF SERVICES

As a pre-qualified as-needed consultant to prepare environmental studies and/or documents in compliance with the California Environmental Quality Act (CEQA), Kimley-Horn will submit a scope of work, schedule, and budget specific to each project request to the City of Colton for review prior to approval of any work.

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EXHIBIT "B"

SCHEDULE OF SERVICES
Detailed schedules will be provided on a project -by-project basis. The typical timeframes for the preparation and peer-review of technical studies and preparation of environmental documents are listed below. The typical timelines listed below does not include City review times.

Services Timeline
Peer-Review Technical Studies 2 weeks
Preparation of Technical Studies 2 – 6 weeks
Categorical Exemptions (CE) 2 – 4 weeks
Initial Studies (IS)/Negative Declaration
(ND)/Mitigated Negative Declaration (MND)
4 – 8 months
(inclusive of technical studies)
Environmental Impact Reports (EIR) 10 – 16 months
(inclusive of technical studies)

As stated in Exhibit A, a formal schedule will be prepared at the time a project -specific proposal is submitted.

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EXHIBIT "C"

COMPENSATION

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ITEM NO. 9

STAFF REPORT

TO PROVIDE ON-CALL ENVIRONMENTAL CONSULTING
SERVICES.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Authorize the City Manager to execute a Professional Services Agreement (PSA) with Kimley- Horn & Associates for $200,000 to provide on-call environmental consulting services for the City of Colton.

BACKGROUND

On May 20, 2025 , the City Council will be reviewing and City staff anticipates approval of the 2025-2028 list of pre -qualified environmental consultants (Resolution No. R -29-25). The list, valid for three years, streamlines the environmental consultant selection and contracting process to some extent for privately -initiated development projects. However, the per -project contracting process remains cumbersome and it can require several months until the consultants receive authorization to proceed. Therefore, staff have examined other jurisdictions and consulted with the City Attorney to develop a more streamlined environmental review process to better serve the needs of our community . On-call contracts appear to be the most productive for projects that are privately-initiated (i.e., full cost recovery). The selection of firm for the on -call service may be reviewed annually and may change firm at the City’s discretion. The budget for this item is reviewed every fiscal year.

ISSUES/ANALYSIS

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City Council approval of the updated 2025 –2028 Pre-Approved List of Environmental Firms is being presented concurrently with the “on -call” services firms and will appear on the same May 20, 2025, agenda. The Kimley-Horn and Associates firm is on the Pre -Approved Environmental Consultant list that the City Council will be acting on simultaneously.

Staff is recommending 2025 on-call contract with Kimley -Horn & Associates , planning and environmental firm with offices in the City of Riverside. The on -call contract will allow staff to request a scope of work, budget and schedule to perform environmental review of applications soon after they are received, rather than pursuing an individual contract for each application.

FISCAL IMPACTS

Sufficient appropriations for the proposed $200,000 on -call services contract are available in the adopted FY2024-25 budget in General Fund Development Services Planning Division Professional Services Account No. 100 -6300-6301-2357-0000-000. All expenditures under this contract are fully reimbursable, based on applicant deposit prior to authorization for the consultant to proceed.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. Kimley-Horn_OnCall Services PSA 2025
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CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

KIMLEY-HORN AND ASSOCIATES, INC ON-CALL SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this 20TH day of May, 2025, by and between the City of Colton, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 650 North La Cadena Drive, Colton, California 92324 ("City") and Kimley-Horn and Associates, Inc., an environmental services firm, with its principal place of business at 3801 University Avenue, Suite 300, Riverside, CA 92501 (“Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional consulting services required by the City on the terms and conditions set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional environmental consulting 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 Agreem ent, the exhibits attached hereto and incorpor ated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.2 Responsibilities of Consultant.

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

3.2.6 Consultant's Representative. Consultant hereby designates Kari Cano, Project Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this A greement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods , techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

Consultant 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

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

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

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3.2.11 Insurance.

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3.2.13 Water Quality Management and Compliance.

3.2.13.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, a nd ordinances listed in Section 3.2.12.2 of this Agreement is a violation of federal and state law.

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3.3 Fees and Payments.

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

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

3.4 Labor Code Requirements.

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3.5 Accounting Records.

3.6 General Provisions.

3.6.1 Termination of Agreement.

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Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

Consultant: Kimley-Horn and Associates, Inc.
3880 Lemon Street, Suite 420
Riverside, CA 92501
ATTN: Kari Kano, Project Manager
City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: Heidi Duron, Development Services Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

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the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication cos ts. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel

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determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its inten tion to release Proprietary Information.

3.6.5 Indemnification.

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

3.6.7 Governing Law; Government Code Claim Compliance . This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any

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subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

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

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

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

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

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

3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working

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solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in th e performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For th e term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

3.7 Subcontracting.

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SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF COLTON AND KIMLEY-HORN

CITY OF COLTON KIMLEY-HORN AND ASSOCIATES, INC.

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

City Manager Title:

Attest:

By: ____
Isaak T. Suchil
City Clerk

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EXHIBIT "A"

SCOPE OF SERVICES

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EXHIBIT "B"

As stated in Exhibit A, a formal schedule will be prepared at the time a project -specific proposal is submitted.

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EXHIBIT "C"

COMPENSATION

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ITEM NO. 10

STAFF REPORT

DATE: MAY 20, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHAD BLAIS, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE CONTRACT AWARD TO MATICH CORPORATION FOR THE FISCAL YEAR 2024-2025 ASPHALT PAVING PROJECT, AND

APPROVE AND ADOPT A RESOLUTION AMENDING THE FISCAL
YEAR 2024-2025 CAPITAL IMPROVEMENT BUDGET,
RESOLUTION NO. R-30-25.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Authorize the award of contract for the Fiscal Year (FY) 24/25 Asphalt Paving Project to Matich Corporation as the lowest responsive and responsible bidder in the amount of $2,589,244 and authorize the City Manager to execute the contract agreement.

2. Approve Resolution R-30-25 (Exhibit A) to amend FY 24/25 Capital Improvement Budget.

BACKGROUND

FY 24/25 Asphalt Paving Project focuses on improving the City’s arterial and local streets, and alleys. The scope of work includes rubberized asphalt paving, asphalt grinding, traffic signal loops, and pavement striping and markings. The project is funded by Measure I, SB -1 and local funds. The project plan is attached as Exhibit A. The project will take place in the following locations:

1. Pavement Rehabilitation: 11th Street - M Street to O Street

2. Pavement Rehabilitation: Berkeley Court - Rosedale Street to End

3. Pavement Rehabilitation: Bordwell Avenue - Olive St. to Olive St. 10 Packet Pg. 155
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Contract Award - Matich Corp
May 20, 2025

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4. Pavement Rehabilitation: Bordwell Avenue - Citrus Avenue to Johnston Street

5. Pavement Rehabilitation: Cooley Drive - West end to Ashley Way

6. Pavement Rehabilitation: D Street - 9th Street to La Cadena Drive

7. Pavement Rehabilitation: Fairview Avenue - Hillcrest Avenue to Grant Avenue

8. Pavement Rehabilitation: Jantzen Drive -Citrus Avenue to Johnston Street

9. Pavement Rehabilitation: K Street - 3rd St. to 5th

10. Pavement Rehabilitation: La Cadena Drive - I-215 on-ramp to 275 North

11. Pavement Rehabilitation: Laurel Street - Grand Avenue to Pennsylvania Avenue

12. Pavement Rehabilitation: Olive Street - La Cadena Drive. to Bordwell Avenue

13. Pavement Rehabilitation: Pepper Avenue - Randall Avenue to Violet Street

14. Pavement Rehabilitation: Randall Avenue (South side) - Pepper Avenue to West City Limit

15. Pavement Rehabilitation: Rialto Avenue - Citrus Avenue to Johnston Street

16. Pavement Rehabilitation: Riverside Avenue - Citrus Avenue to Johnston Street

17. Pavement Rehabilitation: Shasta Drive/Scenic Drive - Mt. Vernon Avenue to East End

18. Pavement Rehabilitation: Virginia Drive - Citrus Avenue to Johnston Street

19. Pavement Rehabilitation: Alley between Palm Dr. and Olive St. from Larch Ave. to Mt. Vernon Ave.

20. Pavement Rehabilitation: Alley between W. M St. and W. N St. from La Cadena Dr. to Parking lot.

21. Pavement Rehabilitation: Alley between Valley Blvd. and W. J St. from 4th St. to Pennsylvania Ave.

22. Pavement Rehabilitation: City Hall Parking

ISSUES/ANALYSIS

In accordance with Colton Municipal Code Section 3.08.090, a request for Notice Inviting Formal Bids was published in The Press Enterprise on March 28, 2025 and April 4, 2025. Bids were opened on April 15, 2025, and staff received the following bids:

Contractor Bid Amount
Matich Corporation $ 2,589,244.00
Hardy and Harper, Inc. $ 2,643,000.00
Onyx Paving $ 2,717,000.00
All American Asphalt Inc. $ 2,953,989.60

Staff reviewed and evaluated submitted bids and recommend awarding the contract (Exhibit B) for the FY 24/25 Asphalt Paving Project to Matich Corporation as the lowest responsive and responsible bidder in the amount of $2,589,244.00.

FISCAL IMPACTS

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An additional appropriation from reserve balance in the Traffic Impact Fee Fund is necessary to award the contract. Approval of Resolution R -30-25 will appropriate $206,000 in the FY2024 - 25 budget from available reserve balance to finalize this project and award the contract with a 5% contingency. The t able below is the breakdown of the funding for the project after the approval of Resolution No. R-30-25:

Funding Account No. Current
Balance
Matich.

Contract
SB-1 212-2501-6150-3890-0000-000 $1,283,282.00 $1,283,282.00 Measure I 218-2502-6150-3890-0000-000 $800,512.76 $800,512.76 Host City Fee – Rehab NE Colton 240-2508-6150-3890-0000-000 $356,704.00 $356,704.00 Host City Fee - City Hall Parking Lot 240-2509-6150-3890-0000-000 $73,100.00 $73,100.00 Local Traffic Impact Fund (R-30-25) 249-2501-6150-3890-0000-000 $206,000.00 $75,645.24 Total $2,719,598.76 $2,589,244.00

ENVIRONMENTAL IMPACTS

Staff recommends that the FY 24/25 Asphalt Paving Project be determined categorically exempt under California Environmental Quality Act Guidelines Section 15301(c) - Existing highways and streets.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - Project Plans

2. Exhibit B - Contract

3. Exhibit C- Resolution 30-25
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1 2

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27 28

RESOLUTION NO. R-30-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
AMENDING THE FISCAL YEAR 24/25 CAPITAL IMPROVEMENT BUDGET

WHEREAS, the City of Colton (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and,

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

WHEREAS, the City of Colton allocated funds to rehabilitate street pavement citywide as part of the FY 24/25 Asphalt Paving Project; and,

WHEREAS, the City of Colton needs to allocate additional funding in the amount of $201,059.30 to complete the project and will be provided thru Local Traffic Impact Fee; and,

WHEREAS, the necessary funding will be provided thru Local Traffic Impact Fee; and,

WHEREAS, a budget appropriation not listed in the Fiscal Year 24/25 budget is required and must be approved by resolution of the City Council.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS:

Section 1 The above recitals are true and correct.

Section 2 The City Council authorizes the following amendment to the FY2 4/25 adopted budget:

• Appropriate $206,000.00 from reserve balance in the Traffic Impact Fee Fund to account number 249-2501-6150-3890-0000-000 for the FY 24/25 Asphalt Paving Project.

PASSED, APPROVED AND ADOPTED THIS 20th DAY OF MAY 2025.

__________________________
FRANK J. NAVARRO
Mayor

ATTEST:

__________________________________
ISAAC T. SUCHIL
City Clerk

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ITEM NO. 11

STAFF REPORT

DATE: MAY 20, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHAD BLAIS, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE CONTRACT AWARD TO SWC CONTRACTING FOR
THE EQUIPPING OF WELL PLANT NO. 33 PROJECT AND
CORRESPONDING BUDGET RESOLUTION, RESOLUTION NO. R-
34-25.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Award a contract to SWC Contracting Corp. for the Equipping of Well Plant No. 33 Project for $3,783,934.

2. Approve Resolution R-34-25 amending Fiscal Year 2024/2025 Budget to Appropriate $1,500,000 from Water Utility Fund reserves.

BACKGROUND

Having an adequate supply of water is an essential part of the health & safety of our community.

The City of Colton is the principal supplier of water service for domestic consumption, fire protection, and irrigation application for consumers within the City. The City currently provides water service to a population of approximately 54,000 within a 17.5-square mile service area.

Construction of a new production well is identified in the City’s 2016 Water Master Plan to meet the City’s anticipated water demand over the next ten to twenty years. Additionally, four (4) of our existing wells are scheduled for abandonment due to significant water quality issues and/or significant loss of production capability. These wells cannot be repaired or replaced without significant cost to the City and construction of the proposed new well will allow the City to continue to meet its current and future demands
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Staff Report to the Mayor and City Council
Contract Award - SWC Contracting
May 20, 2025

Page 2 ends

On September 1, 2020, the City of Colton awarded a Professional Services Agreement with Michael Baker International to provide hydrogeological services, engineering, and design for the well drilling and equipping of Well 33 located at the City’s existing Rialto Site in the City of San Bernardino. The construction plans and specifications were completed in January 2025.

ISSUES/ANALYSIS

In accordance with the Colton Municipal Code Section 3.08.090, a request for Notice Inviting Formal Bids (NIB) was sent to Press -Enterprise for publication on February 8, 2025 and February 14, 2025. In addition, the NIB was sent to several contractors that have prior work experience with the City and other neighboring agencies.

Nine (9) contractors requested the bid documents. The bids were opened on April 10, 2025 and only one contractor submitted a proposal for the bid. The proposal received was from SWC Contracting Corp in the amount of $3,783,934. Staff has evaluated and reviewed the proposal and found that the unit price on the bid proposal is consistent with our previous and recent projects with a similar scope of work and budget. SWC Contracting Corporation has successfully completed similar projects in the City of Colton. In addition, the contractor's references indicate satisfactory completion of similar projects for other public agencies. Staff recommends awarding the construction contract to the lowest responsive and responsible bidder, SWC Contracting Corp in the total contract amount of $3,783,934 for the Equipping of Well No. 33 Project.

FISCAL IMPACTS

An additional appropriation of $1,500,000 from Water Utility Fund reserve balance is necessary to award the contract and complete the construction, including a 5% contingency. Adoption of Resolution R-34-25 appropriates the funding necessary in the FY2024-25 budget in Water Utility Fund New Wells Capital Improvement Account Number 521-8100-8105-3890-0000-000 for the contract, including the contingency amount.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - Contract

2. Exhibit B - Resolution No. R-34-25
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CONTRACT
30 CONTRACT
THIS CONTRACT is made t his __day of ____, 2025, in the County of San Bernardino, State of California, by and between the City of Colton, hereinafter called City, and Weka Inc., hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:

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

WELL 33 EQUIPPING AND CONSTRUCTION PROJECT

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

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within THREE HUNDRED SIXTY FIVE (365) calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of _______________________________________ ($___________). Payment shall be made as set forth in the General Conditions.

ARTICLE 4. LIQUIDATED DAMAGES . I n accordance with Government Code section 53069.85, it i s agreed that the Contractor will pay the City the sum of $2,000.00 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

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

Notice Inviting Bids
Instructions to Bidders
Contractor's Bid Forms
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders

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CONTRACT
31 Non-Collusion Affidavit form
Contract
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Provisions (or Special Conditions)
-DBE
Technical Specifications
Greenbook Standard Specifications (Sections 1-9 Excluded) Addenda
Plans and Contract Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

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

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

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

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

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

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CONTRACT
32 CITY OF COLTON

By:

______________________________
Signature

______________________________
Name

______________________________
Title

Attest:

______________________________
City Clerk

Recommended By:

______________________________
Signature

______________________________
Name

______________________________
Title

CONTRACTOR

By:

______________________________
Signature

______________________________
Name

______________________________
Title

______________________________
License Number

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PERFORMANCE BOND
33 PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, ___________________________ (hereinafter referred to as “C ity”) has awarded to ____________________, (hereinafter referred to as the “C ontractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the C ity in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one -year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the C ontract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by C ity, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.

The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains.

Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the

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PERFORMANCE BOND
34 Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the C ontract Documents, the Surety shall remedy the default pursuant to the Contract Documents , or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the C ity may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the CITY, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[Remainder of Page Left Intentionally Blank.]

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PERFORMANCE BOND
35 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 2025.
_________________________________________

CONTRACTOR/PRINCIPAL
_________________________________________
Name
By_______________________________________
SURETY:

By: ______________________________________
Attorney-In-Fact

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________

(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California

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PERFORMANCE BOND
36 STATE OF CALIFORNIA )
) ss.

CITY OF ___________ )
On this ________ day of ___________________, in the year 20 15, before me, ___________________________, a Notary Public in and for said state, personally appeared _________________________________, known to me to be the person whose name is subscribed to the within instrument as the Attorney -In-Fact of the (Surety) acknowledg ed to me that he subscribed the name of the ___________________________ (Surety) thereto and his own name as Attorney-In-Fact.

Notary Public in and for said State
(SEAL)
Commission expires: _______________
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

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PAYMENT (LABOR AND MATERIALS) BOND
37 PAYMENT BOND (LABOR AND MATERIALS)

KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Colton (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____ has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
____________________________________________________________________________ (the “Project”); and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, fo r or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 3181 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City i n such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of

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PAYMENT (LABOR AND MATERIALS) BOND
38 any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed unoriginal thereof, have been duly executed by the Principal and Surety above named, on the _____ day of ______________________ 20______ the name and corporate seal of each corporate party being hereto affixed and these presents duly signed b its undersigned representative pursuant to authority of its governing body. (Corporate Seal of Principal,
if corporation) Principal (Property Name of Contractor) By
(Signature of Contractor)
(Seal of Surety)
Surety
By
Attorney in Fact
(Attached Attorney-In-Fact
Certificate and Required
Acknowledgements)
*Note: Appropriate Notarial Acknowledgments of Execution by Contractor and +surety and a power of Attorney MUST BE ATTACHED.

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RESOLUTION NO. R-34-25

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON,
CALIFORNIA AMENDING THE FISCAL YEAR 2024 -2025 BUDGET TO APPROPRIATE AN ADDITIONAL $ 1,500,000 FROM THE WATER UTILITY RESERVE FUND FOR THE EQUIPPING OF WELL 33 PROJECT

WHEREAS the City of Colton is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and

WHEREAS, the budget for the Fiscal Year 2024-25 has been approved by City Council, and now must be amended to increase the appropriation in the Public Works Water Utility Division, Capital Improvement Account for the Equipping of Well Plant No. 33 Project; and,

WHEREAS, the City intends to i nstall pump, motor, shaft, bowl assembly, and site improvements of the City’s Well Plant No. 33 located at 1500 W Belleview Street, San Bernardino; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Colton:

Section 1 The above recitals are true and correct.

Section 2 The City Council authorizes the following amendment for the Fiscal Year 2024/2025 budget:

• Appropriate $1,500,000 from the reserve balance in the Water Utility Fund to New Wells Capital Improvement Account Number 521-8100-8105-3890-0000- 000 for the Equipping of Well Plant No. 33 Project.

PASSED, APPROVED AND ADOPTED THIS 20th DAY OF MAY 2025

_______________________________
FRANK J. NAVARRO
Mayor

ATTEST:

______________________________
ISAAC T. SUCHIL
City Clerk

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Attachment: Exhibit B - Resolution No. R-34-25 (4940 : Contract Award - SWC Contracting)

ITEM NO. 12

STAFF REPORT

DATE: MAY 20, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHAD BLAIS, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE A CONTRACT WITH TKE ENGINEERING INC., FOR INSPECTION SERVICES FOR THE WELL 22 AND 33
CONSTRUCTION PROJECTS.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve a contract with TKE Engineering Inc., for Inspection Services for the Well 22 and Well 33 construction projects in an amount not -to-exceed $341,000 in accordance with Colton Municipal Code 3.08.140(E).

BACKGROUND

Access to a reliable and adequate water supply is essential to ensuring the health, safety, and well-being of our community. The City of Colton serves as the primary water provider for domestic use, fire protection, and irrigation across its 17.5 -square-mile service area, supporting a population of approximately 5 7,000 residents. A lack of adequate water supply may result in regulatory restrictions from the State Water Resources Control Board.

The City currently operates and maintains eight (8) groundwater production wells. Of these, seven (7) wells are operational and in daily use. Well 22 remains offline due to the current rehabilitation project.

ISSUES/ANALYSIS

In February 2024, the City Council approved a contract with TKE Engineering, Inc. (TKE) to provide engineering and design services for the Well 22 Rehabilitation and Site Improvements 12 Packet Pg. 339
Staff Report to the Mayor and City Council
Contract Inspection Services - TKE
May 20, 2025

Page 2 ends

Project. Plans and specifications have been completed, and the project was publicly advertised for bid. In February 2025, the Council awarded a construction contract for the project, which is scheduled to break ground in late May.

At the same time, staff has been developing engineering and design plans for the Well 33 Equipping Project, which is similar in scope to the work at Well 22. Staff reached out to TKE to request a proposal for inspection services for both projects.

Section 3.08.140( E) of the City's Purchasing Ordinance , Exceptions to competitive bidding – Non-Public Projects. Purpose of bidding is otherwise accomplished, when the City Manager determines that it is in the best interest of the City and its administrative operations to dispense with public bidding for Non -Public Projects under this chapter. Prior City Council concurrence with the City Manger’s determination shall be required for Non -Public Project purchases over one hundred thousand dollars.

These projects require specialized inspection expertise that exceeds the current capabilities of City staff. Additionally, due to existing workload demands and the technical requirements of the work, the City’s inspector is unable to dedicate the time needed to provide the level of oversight these projects demand. To ensure construction quality and appropriate oversight, staff recommends engaging outside inspection services. Since TKE is the engineer of record for Well 22 and the most qualified consultant for both projects, staff recommends amending their contract to include inspection services, ensuring a seamless transition into the construction phase.

FISCAL IMPACTS

Sufficient appropriations are available in the FY202 4-25 adopted budget in the following accounts

• 521-8100-8101-3890-0000-000 $170,500.00
• 521-8100-8105-3890-0000-000 $170,500.00

ALTERNATIVES

1. Provide alternative directions to staff.

ATTACHMENT

1. TKE Proposal_Wells 22 and 33 Inspection_04-28-25
12 Packet Pg. 340
April 28, 2025
Bassam Alzammar
Water/Wastewater Operation Manager
City of Colton
160 10th Street
Colton, CA 92324
Subject: Proposal for Inspection Services for Well No. 22 Upgrade and Well No. 33 Equipping Projects Dear Mr. Alzammar:

Thank you for the opportunity to provide a proposal for the subject project. Enclosed herein is a comprehensive proposal depicting TKE Engineering, Inc. (TKE’s) scope of service and fee to provide construction inspection and supporting services for the Well No. 22 Upgrade and Well No. 33 Equipping Projects.

PROJECT DESCRIPTION
The City of Colton (City) desires to retain a qualified consulting engineering firm to provide construction inspection services for the Well No. 22 Upgrade and Well No. 33 Equipping Projects (Projects). Services include performing project management and inspection of the waterline and appurtenances, electrical, site, and building upgrades for the Projects. The Well No. 22 Upgrade Project is expected to be completed within 180 working days; assuming 6-months for Phase I (120 working days) starting in May 2025 and 3-months for Phase II (60 working days) starting in January 2026. The Well No. 33 Equipping Project is expected to be completed within 180 working days; assuming 6-months for Phase I (120 working days) starting in August 2025 and 3-months for Phase II (60 working days) starting in April 2026.

Based on our recent experience on similar projects, we expect an approximately 12-month procurement process for each well’s motor control center. As such, we anticipate that both Projects will be completed by July 2026, accounting for separate mobilizations by the contractor for each phase due to anticipated delays with the electrical system procurement and overlapping work schedule for the Projects. TKE envisions the shifting the overall working days for field construction to accommodate long procurement durations on certain equipment for the Projects.

TKE has provided these construction related services to various municipal agencies on current and past projects and has a successful history of delivering them on-time, and within budget.

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Attachment: TKE Proposal_Wells 22 and 33 Inspection_04-28-25 (4935 : Contract Inspection Services - TKE) Mr. Bassam Alzammar
City of Colton
Proposal for Construction Inspection Services for Well No. 22 and Well No. 33 April 28, 2025 Page 2 of 7

PROJECT APPROACH
Successful project delivery is our goal. Our definition of successful project delivery is:

ΔProject completion that meets all project requirements and specifications ΔProject completion within budget
ΔProject completion on schedule
Our approach to these well Projects, recognizing that both cost effectiveness and expedited construction are of primary concern, dictates that a very close working partnership between the selected consultant and the City is vital to successful project completion. When this is coupled with the various site constraints, it is critical that the City choose a construction inspection team with a proven track record of delivering these well Projects. With a familiar team of senior level construction inspectors, TKE is the right choice for this project.

Our experience tells us that there must be a proactive approach to completing the work in order to complete a cost effective fully functioning public works project. This approach includes early identification of critical elements, and development of project schedule and tasks.

C R I T I C A L E L E M E N T S F O R T H E P R O J E C T

P R O J E C T M A N A G E M E N T
The most important key to every public works project is management. TKE, working closely with City staff, will ensure that the project is managed properly to expedite project delivery and protect the City’s interest during construction. Project development will generate a series of considerations requiring City responses. Our close working partnership will lead to the proper decisions and ultimately fully operating, cost effective improvements at each well site.

C O M M U N I T Y O U T R E A C H / P U B L I C R E L A T I O N S TKE’s has extensive experience dealing with community outreach designed to reach, inform and involve affected residents of project limits, traffic impacts, project durations, and removals and replacement of private property improvements. TKE’s inspector will provide personal contact information to all affected residents, businesses, and agencies within the project limits. TKE’s inspectors are familiar with resident coordination to keep the residents informed of construction activities, schedule and ultimately reduce the complaints to the City from residents, businesses, and agencies within the project area.

T R A F F I C C O N T R O L A N D S I T E S A F E T Y TKE often provides traffic control plans on numerous construction projects and our inspectors are very adept at enforcing traffic control requirements. TKE will review the contractors proposed traffic control plans and provide comments and recommendations to ensure the construction will minimize impacts on the surrounding community and provide for safe and efficient travel through and around the construction zones for both vehicular

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Attachment: TKE Proposal_Wells 22 and 33 Inspection_04-28-25 (4935 : Contract Inspection Services - TKE) Mr. Bassam Alzammar
City of Colton
Proposal for Construction Inspection Services for Well No. 22 and Well No. 33 April 28, 2025 Page 3 of 7
and pedestrian traffic. It is critical to ensure traffic control does not severely impact normal daily operations any more than necessary.

KEY PERSONNEL’S EDUCATION, EXPERIENCE, AND

CREDENTIALS
TKE fully recognizes the City’s concern for high quality, timely performance, and precise communication when utilizing the services of a consultant. Each project conducted by TKE is managed and staffed by a project team assembled to meet the specific needs of the project. We have assembled a highly qualified and experienced project team, which we believe will best serve your needs.

Below is a summary of education, experience and credentials of key personnel proposed to perform the work in any upcoming projects.

Steven W. Ledbetter, P.E., Q.S.D.

Client Liaison and Project/Construction Manager
P.E. No. 84044
Qualified SWPPP Developer & Practitioner No. 28967
Mr. Ledbetter is the Vice President of TKE and has over 23 years of professional experience in the civil engineering industry. He has handled various critical and challenging projects from planning through design and implementation; all while ensuring that projects are executed as per specification in the stipulated time with quality. He has a well-rounded background with experience in: preparation and analysis of street and utility improvement plans and specifications including potable and non-potable water, wastewater, and drainage; utility master planning including computer modeling, analysis, and report preparation; water resource planning and management including feasibility studies, urban water management planning, water supply assessments and verifications, integrated regional water management planning, and groundwater management planning; storm water compliance reporting including water quality management plans and storm water pollution prevention plans and; and grant writing and administration for various State and Federal agency programs.

As a construction manager, Mr. Ledbetter has been responsible for construction coordination and scheduling for more than 250,000 linear feet of pipeline construction including, utility relocation coordination, public relations, submittal review, supervising a staff of inspectors and subconsultants, weekly progress meetings, request for information responses, storm water management, progress payments, change order review and negotiations, labor compliance, and project closeout. He has successfully delivered a wide variety of complex and challenging projects and is dedicated to ensuring that the projects managed and delivered by TKE continue to exceed industry standards.

Mr. Ledbetter’s greatest attribute is his ability to deliver projects and his vast experience ensures success again and again. He also understands the importance of working as a team member. Mr. Ledbetter understands that

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Attachment: TKE Proposal_Wells 22 and 33 Inspection_04-28-25 (4935 : Contract Inspection Services - TKE) Mr. Bassam Alzammar
City of Colton
Proposal for Construction Inspection Services for Well No. 22 and Well No. 33 April 28, 2025 Page 4 of 7
he will be given direction from City staff and fully understands the need to maintain proper protocol while providing services. He further understands that his role will be to protect District’s interests, ensure a high quality, properly operating water system improvements project is constructed, minimize districts exposure to change orders, cost over runs, and delays, and ensure the community is properly informed throughout construction.

Ricardo Reynaga
Senior Public Works Inspector
ACI Concrete Field Testing
APNGA Portable Nuclear Gauge Safety & U.S. D.O.T. Hazmat Certification Soils Special Inspector, International Code Council
Commercial Building Inspector, International Code Council Reinforced Concrete Inspector, International Code Council Multiple CalTrans Certifications (i.e., Soils, Aggregated, Concrete, and Asphalt) Mr. Reynaga is a talented construction inspector familiar with all aspects of public works project inspections including materials testing, codes, permitting requirements, and corrective action procedures. Mr. Reynaga possesses over 10-years of experience as an inspector. He is exceptionally detailed in performing inspections for public works facilities, including: streets, curbs, sidewalks, waterlines, reservoirs, catch basins, sewers, street lights, traffic signals, and parks. In addition, he takes charge in ensuring compliance with federal, state, city, and industry codes on capital improvement projects.

SCOPE OF SERVICES
Construction inspection and supporting services will include Pre-Construction, Construction, and Post- Construction Services described as follows:

T A S K N O . 1 – P R E - C O N S T R U C T I O N S E R V I C E S Pre-construction services include project coordination and pre-construction conference. Pre-construction services, each are discussed in the following paragraphs:

TA S K NO. 1 . 1 – PR O J E C T CO O R D I N A T I O N TKE will first perform a careful review of the contract documents (bid, specifications, contract, permits, and submittals) for the Projects. While doing so, we will develop a complete understanding and advise City staff of potential construction issues. Our construction manager and clerical staff will be available throughout the 15- month duration of the Projects to provide project administration and assist our construction inspector as needed.

Deliverables: Construction Documents and Logs

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Attachment: TKE Proposal_Wells 22 and 33 Inspection_04-28-25 (4935 : Contract Inspection Services - TKE) Mr. Bassam Alzammar
City of Colton
Proposal for Construction Inspection Services for Well No. 22 and Well No. 33 April 28, 2025 Page 5 of 7
TA S K NO. 1 . 2 – PR E- CO N S T R U C T I O N CO N F E R E N C E A preconstruction conference will be held for each Project. The conference will be attended by City staff, TKE’s Construction Manager and Construction Inspector, the Contractor, together with City representatives, and representatives of potentially affected utilities as required. At the meeting, we will discuss communication protocol requirements, and procedures for contract submittals, contract administration, site access and delivery, and coordination with others.

Deliverables: Meeting Notes
T A S K N O . 2 – C O N S T R U C T I O N S E R V I C E S Construction Services include the following:

TA S K 2 . 1 CO N S T R U C T I O N ST A K I N G
TKE will provide construction staking services required to complete construction of both Projects. We will prepare grade sheets and we will provide stakes for construction at required locations as established by the Contractor.

TKE assumed ten (10) site visits to complete all required construction staking.

Deliverables: Survey Request Forms, Grade Sheets, and Pad Certification TA S K NO. 2 . 2 – CO N S T R U C T I O N IN S P E C T I O N TKE will provide construction inspection for the duration of the Projects field work (estimated at 180 working days for each project). It is anticipated there will be several months where construction schedules for both Projects overlap; during that time, TKE’s inspector will split time between each project to provide continuous oversight.

Our construction inspector will provide as-needed construction inspection to verify that the Projects are progressing in compliance with the contract documents and City requirements. He will regularly discuss construction anticipated construction activities to ensure quality compliance and to ensure the Projects are proceeding efficiently. We will require strict compliance with requirements for all construction activities. All materials will be reviewed against approved material submittals as they arrive on each respective site.

Our construction inspector will verify public safety provisions have been implemented at the start of each work day, at each construction site. Any deviations will be documented and the City will be advised. In addition, he will verify that construction is proceeding in accordance with contract document requirements. System service interruptions will be coordinated with City staff and residents, as required.

We will digitally photograph the activities and maintain copies in each Project’s files and our construction inspector will prepare daily field reports for each site, which will document all observed project activity, including location of the activity, number of workers present, construction equipment used, inspector present, weather conditions, and construction progress. All project documentation will be completed on City standard forms. All documents will be submitted in hard copy and electronic copy formats. TKE will provide all inspection equipment needed.

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Attachment: TKE Proposal_Wells 22 and 33 Inspection_04-28-25 (4935 : Contract Inspection Services - TKE) Mr. Bassam Alzammar
City of Colton
Proposal for Construction Inspection Services for Well No. 22 and Well No. 33 April 28, 2025 Page 6 of 7
Deliverables: Daily Field Reports, Site Deficiency Reports, Batch Tickets, Photographs, Accident Reports, Testing Reports, and Summary Reports
T A S K N O . 3 – P O S T C O N S T R U C T I O N
TKE will establish punch-lists for each Project completion, deliver maintenance bonds and/or manufacturer warranties, ensure that all items are satisfactorily completed and we will perform any post-completion project analysis and reporting necessary and as required.

Through the course of construction, the construction inspector will document changes to the project on a set of as-built drawings. Once the project has been completed, TKE will provide the as-built redlines to the to the City and Engineer of Record to prepare the final record drawings. It will be signed by the construction inspector and will reflect the improvements as constructed. Said as-built redlines will be based on data furnished by the contractor and our weekly field reports.

We will forward copies of all records in digital format and we will prepare a summary of construction changes, final cost, and schedule revisions. In addition, TKE will provide a final narrative summary report documenting construction activities.

In accordance with the project specifications the estimated construction period of 180 working days should be adequate to complete the field construction for each respective project, with overlapping schedules.

Deliverables: Record Drawings, Punch List, Final Payment, Project Records, and Notice of Completion FEE
TKE Engineering, Inc. will provide the services described in our proposal for $341,000.00. Our fee amount is shown on the attached fee breakdown table. Our fee is a “time and materials basis” fee amount and we will not provide added services without prior City approval. Fees for construction inspection and support services would be provided in accordance with our attached rate schedule and are assumed on a 15-month duration, with a 180 working day construction schedule for each project during that period. We propose to invoice the City monthly in accordance with our rate schedule, not to exceed the amounts specified.

Thank you for your consideration. TKE would very much appreciate the opportunity to interview with you to further discuss how the City can benefit from our construction oversight services. If you have any questions, please call me at (951) 680-0440 or e-mail me at [email protected].

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Attachment: TKE Proposal_Wells 22 and 33 Inspection_04-28-25 (4935 : Contract Inspection Services - TKE) Mr. Bassam Alzammar
City of Colton
Proposal for Construction Inspection Services for Well No. 22 and Well No. 33 April 28, 2025 Page 7 of 7
Sincerely,
Steven W. Ledbetter, P.E., Q.S.D.

Vice President
TKE Engineering, Inc.

Attachments:

Fee Breakdown Table
Rate Schedule

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Attachment: TKE Proposal_Wells 22 and 33 Inspection_04-28-25 (4935 : Contract Inspection Services - TKE) City of Colton
Inspection Services for Well No. 22 Upgrade and Well No. 33 Equipping Projects Consulting Engineering Fee Breakdown
Construction Manager
Assistant Construction
Manager Clerical Inspector Survey Crew Subconsultants Total Task No. Task Hours $ Hours $ Hours $ Hours $ Hours $ $ $ 1 Preconstruction Services

1.1 Project Coordination 15 $ 2,625 30 $ 4,950 15 $ 1,350 4 $ 540 $ - $ 9,465

1.2 Preconstruction Conference 2 $ 350 $ - 4 $ 360 2 $ 270 $ - $ 980 2 Construction Services

2.1 Construction Staking 4 $ 700 12 $ 1,980 8 $ 720 $ - 80 $ 20,800 $ 24,200

2.2 Construction Inspection2.) $ - $ - 60 $ 5,400 2080 $ 280,800 $ - $ 286,200 3 Post Construction 8 $ 1,400 16 $ 2,640 8 $ 720 40 $ 5,400 $ - $ 10,160 Subtotal: 29 $ 5,075 58 $ 9,570 95 $ 8,550 2,126 $ 287,010 80 $ 20,800 $ - $ 331,005 Reimbursables (@3%)1.): $ 9,930
Construction Total: $ 340,935
Rounded Construction Total: $ 341,000
Rates: Notes:

Construction Manager $ 175 /HR 1.) Reimbursables Include Cost for Prints, Copies, Mileage, Etc.

Assistant Construction Manager $ 165 /HR 2.) Assumes Part Time Inspection (i.e. 20 hours per week) for the 180 Working Days for each Project, with 120 Working Days for Phase I and 60 Working Days for Phase II, and for Project Initiation and Closeout (80 Working Days).

Clerical $ 90 /HR
Senior Construction Inspector $ 135 /HR
2-Man Survey Crew $ 260 /HR
TKE Engineering, Inc.

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Attachment: TKE Proposal_Wells 22 and 33 Inspection_04-28-25 (4935 : Contract Inspection Services - Revised June 2024

RATE SCHEDULE
2024-2025

HOURLY
RATE

Principal in Charge .. .......... .......... .......... ...................... .......... .......... .......... $185.00 Project Manager/Construction Manager/Licensed Surveyor ..... .......... .......... $175.00 Traffic Engineer (TE) .......... .......... .......... ...................... .......... .......... .......... $185.00 Senior Engineer/Project Engineer (PE)/Senior Plan Checker.... .......... .......... $165.00 Assistant Project Manager/Associate Engineer .............. .......... .......... .......... $155.00 Assistant Engineer/Plan Checker/Designer .................... .......... .......... .......... $145.00 AutoCAD Technician .......... .......... .......... ...................... .......... .......... .......... $135.00 Engineering Technician ...... .......... .......... ...................... .......... .......... .......... $105.00 Clerical ........ .......... ......... .......... .......... ...................... .......... .......... .......... $ 90.00 Forensic Engineering ......... .......... .......... ...................... .......... .......... .......... $300.00 Expert Witness Testimony .......... .......... ...................... .......... .......... .......... $400.00

SURVEYING SERVICES

2-Man Survey Crew (Prevailing Wage) .... ...................... .......... .......... .......... $260.00

DEVELOPMENT SERVICES

Managing Director ... .......... .......... .......... ...................... .......... .......... .......... $185.00 Senior Project Manager ..... .......... .......... ...................... .......... .......... .......... $135.00 Project Manager ...... .......... .......... .......... ...................... .......... .......... .......... $105.00

CONSTRUCTION SERVICES

Senior Construction Inspector (Prevailing Wage) ........... .......... .......... .......... $135.00 Construction Inspector (Prevailing Wage) ...................... .......... .......... .......... $125.00

REIMBURSABLE COSTS

In-house Reproduction ...... .......... .......... ...................... .......... .......... .......... Cost Printing and Materials ........ .......... .......... ...................... .......... .......... .......... Cost + 10% Express Mail/Courier/Next Day Service .. ...................... .......... .......... .......... Cost + 10% Special Subconsultant Services ... .......... ...................... .......... .......... .......... Cost + 10%

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Attachment: TKE Proposal_Wells 22 and 33 Inspection_04-28-25 (4935 : Contract Inspection Services - TKE)

ITEM NO. 13

STAFF REPORT

DATE: MAY 20, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHAD BLAIS, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE AMENDMENT NO. 2 TO SECOND AMENDED AND
RESTATED COOPERATIVE AGREEMENT NO.18-1001904-05 WITH

THE SAN BERNARDINO COUNTY TRANSPORTATION
AUTHORITY (SBCTA) FOR THE I-10/ MT. VERNON AVENUE
INTERCHANGE PROJECT (PROJECT); RESOLUTION NO. R-31-25.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve Amendment No. 2 to Second Amended and Restated Cooperative Agreement No.18-1001904-05 between the City of Colton (City) and the San Bernardino County Transportation Authority (SBCTA) for the I-10/ Mt. Vernon Avenue Interchange Project (Project); and

2. Authorize the City Manager to execute the agreement and the City Attorney to approve any minor non-substantive changes on the Cooperative Agreement No.18-1001904-05; and

3. Approve Resolution No. R -31-25 that establishes additional appropriation for the I -10 Freeway/ Mt. Vernon Avenue Interchange Project in the amount of $467,092.

BACKGROUND

The Interstate 10 (I -10) Mount Vernon Avenue Interchange Project is ranked No.8 on the SBCTA Valley Interchange Program priority list. As directed by the SBCTA Board, project development is to commence on all the remaining interchange projects listed in the top ten 13 Packet Pg. 350
Staff Report to the Mayor and City Council
Cooperative Agreement Amendment - San Bernardino County Transportation Authority May 20, 2025

Page 2 ends

priority list. The scope for the project includes replacing the existing bridge with four lanes, two north bound left-turn pocket, sidewalk and bikelane. Attached as Exhibit A is the conceptual plan and Exhibit B is the project visual rendering. Included in the visual rendering is community identification with Colton name and logo on the bridge. Caltrans approved this concept on 3/11/2021.

ISSUES/ANALYSIS

Cooperative Agreement No. 18-1001904 between the City of Colton and SBCTA defines each Agency’s roles and responsibilities for funding, project approval and environmental document (“PA/ED”), plans, specifications and estimate (“PS&E”), and right of way (“ROW”) phases of the I-10/ Mt. Vernon Avenue Interchange Project. SBCTA is the lead agency for the project. The Project’s final design and right -of-way phase is ongoing and is scheduled to be completed by May 2025. Construction phase is anticipated to be completed by April 2028. During construction, two lanes (one lane in each direction) along Mt. Vernon Avenue bridge will remain open for vehicle and pedestrian traffic.

Amendment No. 2 to Second Amended and Restated Cooperative Agreement No. 18 -1001904- 05 (attached as Exhibit C) amends the project cost from $94,124,490 to $103,283,164 for a net increase of $9,158,674. The previous estimated cost of $94,124,490 was prepared in May 2024.

The difference is related to the increase in construction and right of way costs. SBCTA share for the project is $97,978,643 and $5,351,444 for Colton. The City’s previously allocated share is $4,884,352 and needs to allocate $467,092 to cover the cost increase. The City’s share is funded by Infrastructure (Nexus) Traffic Impact Fund.

FISCAL IMPACTS

Approval of Resolution No. R -31-25 (Exhibit D) will appropriate the additional City’s share for the right-of-way, construction, landscape maintenance and other remaining phases of the I -10/ Mt. Vernon Avenue Interchange Project in the amount of $467,092 . The City’s share is funded by Infrastructure (Nexus) Traffic Impact Fee and below is the funding breakdown:

Account No. Resolution No. Funding Amount
249-6150-1503-3890-000 R-114-16 $ 31,314.00
249-6150-1503-3890-000 R-67-18 $ 467,906.00
249-6150-1503-3890-000 R-06-19 $9,843.00
249-6150-1503-3890-000 R-18-22 $ 37,080.00
13 Packet Pg. 351
Staff Report to the Mayor and City Council
Cooperative Agreement Amendment - San Bernardino County Transportation Authority May 20, 2025

Page 3 ends

249-6150-1503-3890-000 R-119-22 $ 3,288,790.00
249-6150-1503-3890-000 R-71-24 $ 1,049,419.00
249-6150-1503-3890-000 R-31-25 $ 467,092.00
Total Funding $ 5,351,444.00
Payment to date to SBCTA $ 316,766.74
Encumbered Balance $ 229,344.35
Project Account Balance $4,805,332.91

Expenditures incurred for the City match include reimbursement to SBCTA for the preparation of environmental documents, PS&E and right-of-way acquisition.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A -Conceptual Plan

2. Exhibit B - Project Visual Rendering

3. Exhibit C - Colton_SBCTA Agreement No. 18-1001904-05

4. Exhibit D- Resolution to set funding
13 Packet Pg. 352
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13.a
Packet Pg. 353
Attachment: Exhibit A -Conceptual Plan (4933 : Cooperative Agreement Amendment - San Bernardino County Transportation Authority)

13.b
Packet Pg. 354
Attachment: Exhibit B - Project Visual Rendering (4933 : Cooperative Agreement Amendment - San Bernardino County Transportation

18-1001904-05

Page 1 of 4 ends

AMENDMENT NO. 2 TO

SECOND AMENDED AND RESTATED

COOPERATIVE AGREEMENT NO. 18-1001904 (18-1001904-05)

BETWEEN

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY

AND

CITY OF COLTON

FOR

PROJECT INITIATION DOCUMENT (PID), PROJECT APPROVAL AND

ENVIRONMENTAL DOCUMENT (PA/ED),

PLANS, SPECIFICATIONS AND ESTIMATE (PS&E), RIGHT OF WAY (ROW), AND

CONSTRUCTION AND LANDSCAPE MAINTENANCE PHASES
FOR THE MOUNT VERNON AVENUE AT INTERSTATE 10 (I-10) INTERCHANGE

IN THE CITY OF COLTON

THIS AMENDMENT No. 2 to the SECOND AMENDED AND RESTATED COOPERATIVE AGREEMENT 18-1001904 (herein referred to as Amendment “18 -1001904-05”) is made and entered into by and between the San Bernardino County Transportation Authority (“SBCTA”) and the City of Colton (“CITY”). SBCTA and CITY may be referred to individually herein as a “Party” and collectively “Parties”.

WHEREAS, on March 9, 2016, the PARTIES entered into Cooperat ive Agreement No. 15-1001228 (Agreement No. 15 -1001228) which provided for SBCTA to be lead agency to study and document the PROJECT as part of the Project Study Report/Project Developme nt Support (PSR/PDS) document; and

WHEREAS, on August 8, 201 8, the PARTIES ent ered into Cooperative Agreement No. 18-1001904 (Agreement No. 18 -1001904) which provided for SBCTA to be lead agency on Project Management, PA/ED, PS&E, and ROW phases for the PROJECT; and

WHEREAS, on December 31, 2018, the term of Agreement No. 15-1001228 expired; and

WHEREAS, on March 21, 2019, the PARTIES amended and restated Agreement No. 18-1001904 (“AGREEMENT”) to combine the roles and responsibilities of Agreement No. 15 -1001228 with Agreement No. 18 -1001904 and to delineate roles, responsibilities, and funding commitments relative to Project Management, PID, PA/ED, PS&E, and ROW activities of the PROJECT; and

13.c
Packet Pg. 355
Attachment: Exhibit C - Colton_SBCTA Agreement No. 18-1001904-05 (4933 : Cooperative Agreement Amendment - San Bernardino County

18-1001904-05

Page 2 of 4 ends

WHEREAS, on April 19, 2022, the PAR TIES amended this AGREEMENT to reconcile the underpayment and overpayment of Developer Share and Public Share funds, respectively, in the amount of $37,080 identified in the November 2021 Final Project Expenditure S ummary (FPES) for the I-10/Pepper Avenue Interchange Project; and

WHEREAS, on February 2, 2023, the PAR TIES amended and restated the AGREEMENT to include the construction phase and add construction capital funds; and

WHEREAS, on September 26, 2024, the PARTIES amended the AGREEMENT to extend the expiration date to December 31, 20 31, and to increase the cost estimate of the project to $94,124,490 and

WHEREAS, the PARTIES desire to further amend this AGREEMENT to increase the cost estimate of the project to $103,283,164.

NOW, THEREFORE, the PARTIES agree to amend the AGREEMENT as follows:

1. Attachment A-3 is revised in its entirety to read as reflected in Attachment A-4, attached to this Amendment 18-1001904-05 and incorporated herein.

2. Except as otherwise provided in this Amendment 18-1001904-05, all other provisions of the AGREEMENT, including all previous amendments, shall remain in full force and effect.

3. The AGREEMENT and all amendments are incorporated into this Amendment 18-1001904-05, by this reference.

------------ SIGNATURES ON THE FOLLOWING PAGE ------------

13.c
Packet Pg. 356
Attachment: Exhibit C - Colton_SBCTA Agreement No. 18-1001904-05 (4933 : Cooperative Agreement Amendment - San Bernardino County

18-1001904-05

Page 3 of 4 ends

IN WITNESS THEREOF , this Amendment 18 -1001904-05 has been executed by the Parties hereto and is effective on the date signed by SBCTA.

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY

CITY OF COLTON

By:___ ________________________

By:__________________________
Ray Marquez William R. Smith
President, Board of Directors City Manager

Date:__________________________

APPROVED AS TO FORM: APPROVED AS TO FORM:

By:____________________________

By:____________________________
Julianna K. Tillquist
General Counsel City Attorney

13.c
Packet Pg. 357
Attachment: Exhibit C - Colton_SBCTA Agreement No. 18-1001904-05 (4933 : Cooperative Agreement Amendment - San Bernardino County

18-1001904-05

Page 4 of 4 ends

Attachment A-4

Project Scope:

Improve local traffic operations along Mount Vernon Avenue between East Valley Boulevard and south of the Interstate 10 (I-10) eastbound ramp intersection, by adding left-turn lanes at the five point intersection of Mount Vernon Avenue and East Valley Boulevard.

Project Cost Estimate and Funding Shares:

SBCTA’s Share: Public Share: 94.9%
City’s Share: Development Share or Local Share: 5.1% (City of Colton)

Phase Estimated Cost1 Public Share Development
Share
PID $539,000 $511,511 $27,489
PA/ED $1,833,746 $1,740,225 $93,521
PS&E $2,959,161 $2,808,244 $150,917
ROW $5,350,257 $5,077,394 $272,863
CONSTRUCTION $90,681,000 $86,056,269 $4,624,731

LANDSCAPE
MAINTENANCE $870,000 $825,630 $44,370
SBCTA Oversight $1,050,000 $996,450 $53,550 Adjustment for
I-10/Pepper FPES2 $0 -$37,080 $37,080
Total $103,283,164 $97,978,643 $5,304,521
1Estimated cost assumes analysis of one build alternative. 2The I-10/Pepper adjustment payment in the amount of $37,080 has been received and processed (Check #200384).

Project Milestones:

Milestone1 Actual
(Forecast)
Start of Project Approval and Environmental Document Phase (PA/ED) 01/2019 Environmental Approval 04/2022
Design Approved and ROW Certified (05/2025)
Complete for Beneficial Use (04/2028)
1Milestone assumes analysis of one build alternative with design variations. Anticipated environmental determination under CEQA is an IS/MND and under NEPA a Categorical Exclusion.

13.c
Packet Pg. 358
Attachment: Exhibit C - Colton_SBCTA Agreement No. 18-1001904-05 (4933 : Cooperative Agreement Amendment - San Bernardino County

1 2

3 4

5 6

7 8

9 10

11 12

13 14

15 16

17 18

19 20

21 22

23 24

25 26

27 28

RESOLUTION NO. R-31-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
AMENDING THE FISCAL YEAR 202 4/2025 CAPITAL IMPROVEMENT BUDGET

WHEREAS, the City of Colton (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and,

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

WHEREAS, the City and San Bernardino County Transportation Authority (SBCTA) need to amend the Second Amended and Restated Cooperative Agreement (No.18-1001904-04) for the for the I -10/Mt. Vernon Avenue Interchange Project for the second time amending construction estimate from $94,124,490 to $103,283,164 for a net increase of $9,158,674; and,

WHEREAS, the City of Colton needs to allocate additional funding for City share in the amount of $467,092 (5.1% Development Share funds) to cover the cost increase of the project and will be provided thru Infrastructure (Nexus) Traffic Impact Fee; and,

WHEREAS, a budget appropriation not listed in the Fiscal Year 202 4/2025 budget is required and must be approved by resolution of the City Council.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS:

Section 1 The above recitals are true and correct.

Section 2 The City Council authorizes the following amendment for the FY2024/2025 budget:

• Appropriate $467,092 from reserve balance in Infrastructure (Nexus) Traffic Impact Fund to account number 249-6150-1503-3890 for the I-10/Mt. Vernon Avenue Interchange Project.

PASSED, APPROVED AND ADOPTED THIS 20th DAY OF MAY 2025.

__________________________
FRANK J. NAVARRO
Mayor

ATTEST:

__________________________________
ISAAC T. SUCHIL
City Clerk

13.d
Packet Pg. 359
Attachment: Exhibit D- Resolution to set funding (4933 : Cooperative Agreement Amendment - San Bernardino County Transportation

ITEM NO. 14

STAFF REPORT

DATE: MAY 20, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHARLES BERRY, ELECTRIC UTILITY DIRECTOR
SUBJECT: CONFIRM ONGOING EMERGENCY CONDITION AT AGUA
MANSA POWER PLANT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Confirm ongoing emergency conditions 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 with all vendors as required as provisioned in Colton Municipal Code § 3.08.130 (A).

BACKGROUND

On Friday, February 14, 2025, Ag ua Mansa Power Plant (AMPP) experienced a fault condition on the medium -voltage bus work interconnecting the generator switchgear to the step -up transformer. Upon investigation, the bus work is determined to be non -serviceable due to the extensive damage caused by multiple faults. Due to this non -serviceable status, the bus work, which is a proprietary product, must be replaced, resulting in AMPP being out of market until all repairs are completed.

The emergency conditions were affirmed by the City Council at its regular meeting on March 18, 2025. Pursuant to the Colton Municipal Code 3.08.130 (A), a report on the emergency and work performed shall be provided at the next regular meeting of the City Council, and then at every meeting thereafter.

ISSUES/ANALYSIS

14 Packet Pg. 360
Staff Report to the Mayor and City Council
Emergency Condition - Agua Mansa Power Plant
May 20, 2025

Page 2 ends

Colton City CouncilMay 20, 2025

Colton City Council
May 20, 2025