ISSUES/ANALYSIS
Thorough effort was made to solicit competitive bid proposals for the hauling and disposal services of Class B Bio -solids for the Wastewater Treatment Plant. In accordance with Colton Municipal Code section 3.08.110, a request for bids was solicited through the City’s bidding portal, Bidnet Direct. The bid was advertised on April 11, 2025 , and closed on May 20, 2025 .
The following bids were received on May 20, 2025, for this program:
Bidder Price Per Ton
Synagro $ 75.80
Holloway Environmental Solutions LLC $ 86.00
Ecology Organics, d.b.a. Ecology Auto Parts, Inc. $ 87.00
Staff recommends City Council authorize the City Manager to approve a three -year maintenance service agreement to Synagro for an annual not to exceed amount of $685,000 (total $2,055,000) for Hauling and Disposal Services of Class B Bio -solids from the City of Colton Wastewater Treatment Plant. In addition, the agreement includes a one -time initial site removal and cleanup of stockpiled bio -solids that have been accumulated since July 2024 at a cost not to exceed $450,000. The total contract price for the three-year period shall not exceed $2,505,000.
FISCAL IMPACTS
The total cost of the Hauling and Disposal Services of Class B Bio -solids from the City of Colton Wastewater Treatment Plan t for FY 202 5/26 is $1,135,000, which includes a one -time clean-up cost of $450,000 and the annual amount of $685,000, based on the average annual tonnage estimate . Sufficient appropriations are budgeted in the adopted FY 2025/26 budget under the following account.
Wastewater Fund – Professional Services 522-8200-8200-2350-0000-000 $1,135,000.
For Fiscal Year 202 6/27 and 2027/28 the total cost will be $ 685,000 per year. The total cost obligation to the City for the three-year term will total a not to exceed amount of $ 2,505,000.
Future years will be included in the annual department budget request.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Maintenance Services Agreement_06172025 w_Attachments 14 Packet Pg. 565
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CITY OF COLTON
MAINTENANCE SERVICES AGREEMENT
FOR
HAULING AND DISPOSAL OF CLASS B ANAEROBICALLY
DIGESTED BIO-SOLIDS SEWAGE SLUDGE
FY 2025-26 THROUGH 2027-28
1. PARTIES AND DATE.
This Agreement is made and entered into this __ day of June 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 92234, County of San Bernardino, State of California (“City”) and Synagro Technologies, Inc., a CORPORATION with its principal place of business at 435 Williams Court, Suite 100, Baltimore, MD 21220 (“Contractor”). City and Con tractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing biosolids hauling and handling, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the wor k required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the Hauling and Disposal of Class B Anaerobically Digested Bio- solids Sewage Sludge (“Project”) as set forth in this Agreement Terms.
2.3 Scope of Services and Term.
2.3.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional street sweeping maintenance services necessary for the Project ( “Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibit s attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
2.3.2 Term. The term of this Agreement shall be from July 1 st, 2025, to June 30th,
2028, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The
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City may extend the term of this Agreement by two (2) additional 1-year renewals with a max of a 3.5% cost increase per year.
2.4 Responsibilities of Contractor.
2.4.1 Control and Payment of Subordinates; Independent Contractor . The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Serv ices under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers ’ compensation insurance.
2.4.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Proposal of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor ’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
2.4.3 Conformance to Applicable Requirements . All work prepared by Contractor shall be subject to the approval of City.
2.4.4 City’s Representative. The City hereby designates Chad Blais, Director of Public Works or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept directions or orders from any person other than the City’s Representative or his or her designee.
2.4.5 Contractor’s Representative. Contractor hereby designates Emil Kneis , Sales Support Manager, or his or her designee, to act as its representative for the performance of this Agreement ( “Contractor’s Representative”). Contractor ’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement.
The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, m ethods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
2.4.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and other staff at all reasonable times.
2.4.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards
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generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.
2.4.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ( “Performance Time”).
Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
2.4.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.
2.4.10 Laws and Regulations; Employee/Labor Certifications . Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours dur ing any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
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2.4.10.1 Employment Eligibility; Contractor . By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control A ct of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.
Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.
2.4.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.
2.4.10.3 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Con tractor or its subcontractors, sub- subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
2.4.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
2.4.10.5 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
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2.4.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel -powered engine. Contractor shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. (A) Contractor shall comply, and shall ensure all subcontractors comply, with all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 (“Regulation”).
(B) Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ Fleet including, without limitation, the Certificate(s) of Rep orted Compliance (CRCs), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the Commission. (C) Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation.
Contractor shall de fend, indemnify and hold harmless the Commission , its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.
2.4.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Fe deral Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); laws, rules and regulations of the Environmental Pr otection Agency and the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board ; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non -Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the Ci ty, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section,
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unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.
2.4.11 Insurance.
2.4.11.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.
2.4.11.2 Minimum Requirements . Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability :
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 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.
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(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any prem ium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement.
2.4.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor ’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self -insurance shall be called upon to protect it as a named insured. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section
3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability . The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its direct ors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor ’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.
Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its directors, officials,
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officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages . Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.
2.4.11.4 Separation of Insureds; No Special Limitations ; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any o ther additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
2.4.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respe cts the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
2.4.11.6 Subcontractor Insurance Requirements . Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.
2.4.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best ’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.
2.4.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a per son authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
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2.4.11.9 Reporting of Claims . Contractor shall report to the City, in addition to Contractor’ s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.
2.4.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limi ted to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
2.4.13 Bonds.
2.4.13.1 Performance Bond. If required by law or otherwise specifically requested by City, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not -to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
2.4.13.2 Payment Bond . If required by law or otherwise specifically requested by City, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not -to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.
2.4.13.3 Bond Provisions . Should, in City ’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alte ration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Cont ractor fails to furnish any required bond, the City may terminate this Agreement for cause.
2.4.13.4 Surety Qualifications . Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California- admitted surety with a current A.M. Best ’s rating no less than A:VIII and satisfactory to the City. If a California- admitted surety insurer issuing bonds does not meet
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these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
2.4.14 Accounting Records . Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
2.4.15 Work Sites.
2.4.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.
2.4.15.2 Field Measurements . Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of w ork before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.
2.4.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.
2.4.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufactu rer or supplier of equipment or m aterials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and
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replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsi bility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City , the City shall have the right to correct and replace any defective or non -conforming w ork and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
2.5 Fees and Payments.
2.5.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed One Million One Hundred and Thirty -Five Thousand and Zero Cents ($1,135,000) for the initial first year contract term , without written approval of City Manager.
Compensation for each renewal term shall not exceed Six Hundred and Eighty-Five Thousand and Zero Cents ($685,000.00), without written approval of the City Manager or City Council 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.
2.5.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
2.5.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement ; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreem ent or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.
2.5.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.
2.5.5 Extra Work . At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensat ed for, Extra Work without written authorization from City’s Representative.
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2.5.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and If the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor s hall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices ( Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
2.5.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.
Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
2.6 Termination of Agreement.
2.6.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days bef ore the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contrac tor may not terminate this Agreement except for cause.
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2.6.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this A greement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
2.6.3 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.
2.7 General Provisions.
2.7.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Contractor:
Synagro Technologies, Inc.
435 Williams Court, Suite 100
Baltimore, MD 21220
Attn: Emil Kneis, Sales Support Manager
City:
City of Colton
650 North La Cadena Drive
Colton, CA 92324
Attn: Chad Blais, Director of Public Works
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
2.7.2 Indemnification.
2.7.2.1 Scope of Indemnity . To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s S ervices, the Project or this Agreement, including without limitation the payment of all e xpert witness fees, attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misc onduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.
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2.7.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers . In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.
2.7.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.
In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contract or. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
2.7.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.
2.7.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.
2.7.6 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.
2.7.7 Assignment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer
2.7.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease
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of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
2.7.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
2.7.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise.
2.7.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.
2.7.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
2.7.13 Prohibited Interests . Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City ’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employ ee 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.
2.7.14 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
2.7.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
2.7.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
2.7.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
2.7.18 Federal Provisions. When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply
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with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND CMAX COMMERCIAL MAINTENANCE, INC.
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the __ day of June 2025.
CITY OF COLTON Synagro Technologies, Inc.
By: ____________________________ By: _________________________ William R. Smith Emil Kneis
City Manager Sales Support Manager
Attest:
____
Isacc T. Suchil
City Clerk
Approved as to Form:
______________________________
Best Best & Krieger LLP
City Attorney
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EXHIBIT “A”
SCOPE OF SERVICES
The Contractor shall provide hauling and disposal services for Class B anaerobically digested biosolids generated by the City’s Wastewater Treatment Plant, as outlined in the Request for Proposals (RFP) dated April 2025. Services shall include all labor, equipment, tools, fuel, materials, disposal fees, insurance, supervision, and any other resources necessary to perform the work.
All hauling, disposal, and/or land application of biosolids must comply with all applicable city, state, and federal laws and regulations. All equipment used must meet current state and federal regulatory requirements.
The Contractor shall furnish, at its sole expense, all labor, equipment, and materials required for the proper and satisfactory execution of the services described in the RFP.
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EXHIBIT “B”
PROPOSAL OF SERVICES
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EXHIBIT “C”
COMPENSATION
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ITEM NO. 15
STAFF REPORT
DATE: JUNE 17, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHARLES BERRY, ELECTRIC UTILITY DIRECTOR
SUBJECT: APPROVE CONTRACT AWARD TO AMEK A&S, INC., IN THE AMOUNT OF $711,068, AR TRANSFORMERS INC., IN THE
AMOUNT OF $76,417, MAGNETRON USA LLC IN THE AMOUNT
OF $42,085, AND PULSE MAC SOLUTIONS, LLC IN THE AMOUNT
OF $79,326 FOR VARIOUS TRANSFORMERS.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Award the Bid for Various Size Transformers for the Colton Electric Utility (CEU) as follows:
• Items 2, 3, 6, 8 and 9 to AMEK A&S, Inc., in the amount of $711,068. • Item 5 to AR Transformers Inc., in the amount of $76,417. • Items 1 and 4 to Magnetron USA LLC in the amount of $42,085. • Item 7 to Pulse MAC Solutions, LLC in the amount of $79,326.
BACKGROUND
On March 25, 2025, staff issued a Notice Inviting Bids for Various Size Transformers for the Electric Utility. The Notice Inviting Bids and related documents were distributed through Bidnet Direct, the City's online bid system. Bidnet Direct notified 262 registered vendors of the bid opportunity. A public bid opening was held at 2:00 p.m., on April 9, 2025, at the CE U administrative offices, and ten bids were received. Nine bids were evaluated as one bid was submitted late and determined non-responsive.
ISSUES/ANALYSIS
15 Packet Pg. 609
Staff Report to the Mayor and City Council
Contract Award - Various Transformers
June 17, 2025
AMEK A&S, Inc., AR Transformers Inc, ECB Solutions, LLC, General Pacific, Howard Industries, Inc., c/o Young & Company, Magnetron USA LLC, NexGen Power, Inc., Pulse MAC Solutions, LLC, and ULS Corporation submitted responsive bids.
Bids were assessed to confirm they met the specifications for the various transformer sizes and types. Distribution transformers were also evaluated for the total life cycle cost over each transformer's useful lifetime. The evaluation was performed using a combination of load loss calculations supplied by the transformer manufacturer and the unit cost quoted by the vendor including sales tax which demonstrates the cost of the transformer over its "in - service" life. The transformer that combines the lowest upfront cost with the lowest energy losses over its expected lifespan results in the lowest total cost realized by CEU.
ICF Resources, LLC engineers performed this transformer load loss evaluation showing the evaluated cost of the transformers over their useful lifetime. The transformer load loss evaluation and bid analysis are attached.
AMEK A&S, Inc., is the lowest bidder for items 2, 3, 6, 8 and 9 in the amount of $711,068.
AR Transformers Inc. is the lowest bidder for item 5 in the amount of $76,417. Magnetron USA LLC is the lowest bidder for items 1 and 4 in the amount of $42,085. Pulse MAC Solutions LLC is the lowest bidder for item 7 in the amount of $79,326. The total sum of these awards is $908,896 with an amount not to exceed extended total ownership cost of $1,378,097.
FISCAL IMPACTS
Sufficient appropriations are available in the adopted Fiscal Year 2025 -26 budget in Electric Utility Fund New Development Capital Improvement Expense Account Number 520 -8000- 8008-3890-0107-000.
ALTERNATIVES
Provide alternative directions to staff.
ATTACHMENT
1. 1. Transformer Bid Analysis 04-09-25
2. 2. Transformer Load Loss Evaluations 04-09-25
15 Packet Pg. 610
Transformer Item #/Description & Vendor
Extended Price
Including Tax
Extended Total Cost
Of Ownership
1 50 KVA Standard pole mount
transformer(s), radial feed, 12470 Delta primary voltage with external taps (two over, two under). Secondary voltage to be 120/240, single phase.
Magnetron USA LLC $15,794.00 $23,481.50
AMEK A&S Inc $16,569.80 $23,534.30
General Pacific $16,789.61 $25,393.55
AR Transformers Inc $17,752.89 $25,702.29
Nexgen power inc $19,792.86 $27,179.10
ULS Corperation $22,567.12 $31,627.12
ECB Solutions, LLC $27,476.25 $35,452.35
Pulse MAC Solutions, LLC $32,583.60 $40,559.70
Howard Industries, inc c/o Young and Company $37,846.11 $45,592.95 2 37.5 KVA CSP pole mount transformer(s), radial feed,
12470 Delta primary voltage with external Taps (two over, two under). Secondary voltage to be 120/240, single phase.
AMEK A&S Inc $34,419.66 $45,395.46
AR Transformers Inc $34,212.78 $46,952.58
Magnetron USA LLC $38,634.84 $51,331.92
Nexgen power inc $44,463.04 $56,033.20
ECB Solutions, LLC $44,608.50 $56,518.50
ULS Corperation $48,876.69 $62,856.69
Pulse MAC Solutions, LLC $60,512.40 $73,386.24
Howard Industries, inc c/o Young and Company $77,903.25 $90,716.01 3 50 KVA CSP pole mount transformer(s), radial feed, 12470 Delta primary voltage with external Taps (two over, two under). Secondary voltage to be 120/240, single phase.
AMEK A&S Inc $55,043.01 $75,905.37
General Pacific $59,302.15 $86,391.61
AR Transformers Inc $61,617.92 $89,047.22
Nexgen power inc $75,492.13 $97,650.85
ULS Corperation $78,928.73 $106,108.73
Pulse MAC Solutions, LLC $102,405.60 $126,333.90
Magnetron USA LLC $72,149.40 $129,364.38
ECB Solutions, LLC $82,428.75 $139,581.45
Howard Industries, inc c/o Young and Company $135,377.10 $160,335.72 4 50 KVA Standard pole mount
transformer(s), radial feed, 12470 Delta primary voltage with external Taps (two over, two under). Secondary
voltage to be 240/480, single phase.
Magnetron USA LLC $26,291.00 $38,973.00
AMEK A&S Inc $30,105.35 $41,963.45
General Pacific $27,982.68 $42,322.58
AR Transformers Inc $29,588.15 $42,837.15
Nexgen power inc $32,988.09 $45,298.49
ULS Corperation $37,611.86 $52,711.86
ECB Solutions, LLC $45,793.75 $59,087.25
Pulse MAC Solutions, LLC $55,599.00 $68,892.50
Howard Industries, inc c/o Young and Company $62,419.58 $75,382.88 5 100 KVA low profile padmount transformers, loop-feed
12470 Delta primary Voltage with external taps (two over, two under) Elastimold bushing wells, 4-way primary load- break switch and dual sensing bay-o-net fuses. Secondary voltage to be 120/240, Single-Phase with NEMA Spade
Termination.
AR Transformers Inc $76,416.30 $110,433.00
AMEK A&S Inc $90,138.26 $119,017.76
Note: The pivot table on the left displays bidders sorted based on extended total cost of ownership (TCO) for each transformer type based on the load loss number provided by each vendor. Highlighted rows in green indicate the
bidder with least extended TCO.
Bid Analysis
15.a
Packet Pg. 611
Attachment: 1. Transformer Bid Analysis 04-09-25 (4978 : Contract Award - Various Transformers) Magnetron USA LLC $115,691.18 $148,905.68
ECB Solutions, LLC $123,643.13 $157,177.13
ULS Corperation $123,012.79 $165,717.79
Nexgen power inc $165,310.86 $198,575.16
Pulse MAC Solutions, LLC $165,245.40 $199,787.85
Howard Industries, inc c/o Young and Company $261,460.76 $295,737.71 6 167 KVA low profile padmount transformers, loop-feed
12470 Delta primary voltage with external taps (two over, two under), Elastimold bushing wells, 4-way primary load- break switch and dual sensing bay-o-net fuses. Secondary voltage to be 120/240, Single-Phase with NEMA Spade
Termination.
AMEK A&S Inc $117,695.33 $160,329.83
AR Transformers Inc $138,189.38 $190,871.33
Magnetron USA LLC $157,034.85 $205,307.85
ULS Corperation $146,403.16 $214,353.16
Pulse MAC Solutions, LLC $175,718.70 $228,967.20
ECB Solutions, LLC $176,171.25 $233,463.75
Nexgen power inc $205,624.66 $254,431.66
Howard Industries, inc c/o Young and Company $341,917.69 $392,939.44 7 750 KVA normal profile padmount transformers, radial
feed, 12470 Delta primary voltage with external taps (two over, two under), Elastimold bushing wells, On/Off primary load-break switch and dual sensing bay-o-net fuses.
Secondary voltage to be 208Y/120 Three-Phase with NEMA
Spade Termination
Pulse MAC Solutions, LLC $79,325.55 $123,518.55
AMEK A&S Inc $84,164.60 $125,352.50
AR Transformers Inc $86,469.38 $128,618.78
Magnetron USA LLC $107,467.70 $151,326.20
ECB Solutions, LLC $114,753.75 $156,057.75
Nexgen power inc $123,439.25 $160,293.38
ULS Corperation $113,050.55 $172,660.55
Howard Industries, inc c/o Young and Company $256,430.99 $296,000.63 8 750 KVA normal profile padmount transformers, radial
feed, 12470 Delta primary voltage with external taps (two over, two under), Elastimold bushing wells, On/Off primary load-break switch and dual sensing bay-onet fuses.
Secondary voltage to be 480Y/277 Three-Phase with NEMA
Spade Termination.
AMEK A&S Inc $128,540.36 $194,328.31
Pulse MAC Solutions, LLC $133,179.00 $206,834.00
AR Transformers Inc $137,650.63 $207,899.63
Magnetron USA LLC $153,818.51 $224,208.51
Nexgen power inc $174,301.09 $236,503.14
ECB Solutions, LLC $191,256.25 $260,096.25
ULS Corperation $188,417.58 $287,767.58
Howard Industries, inc c/o Young and Company $337,252.11 $401,643.61 9 1500 KVA normal profile padmount transformers, radial feed, 12470 Delta primary voltage with external taps (two over, two under), Elastimold bushing wells, On/Off primary load-break switch and dual sensing bay-o-net fuses.
Secondary voltage to be 480Y/277 Three-Phase with NEMA
Spade Termination
AMEK A&S Inc $375,368.68 $604,729.48
Pulse MAC Solutions, LLC $362,040.00 $624,320.00
AR Transformers Inc $417,531.25 $647,641.25
Magnetron USA LLC $552,369.60 $797,179.60
ULS Corperation $460,863.99 $815,923.99
ECB Solutions, LLC $619,562.50 $850,857.50
Nexgen power inc $652,381.96 $876,786.26
Howard Industries, inc c/o Young and Company $1,162,062.20 $1,386,720.20
15.a
Packet Pg. 612
Attachment: 1. Transformer Bid Analysis 04-09-25 (4978 : Contract Award - Various Transformers) Name of Bidder Bidder Lead Time Number Description QTY
No
Load
Loss Load Loss Total Unit Price
Extended Price
including 7.75% tax Bid Price
Guaranteed
Average Loss
Cost TCO Extended TCO
AMEK A&S Inc 115 1
50 KVA Standard pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
taps (two over, two under).
Secondary voltage to be 120/240,
single phase. 6 107 405 512 2,563.00$ 16,569.80$ 2,761.63$ 1,160.75$ 3,922.38$ 23,534.30$ AMEK A&S Inc 115 2
37.5 KVA CSP pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
Taps (two over, two under).
Secondary voltage to be 120/240,
single phase. 12 90 305 395 2,662.00$ 34,419.66$ 2,868.31$ 914.65$ 3,782.96$ 45,395.46$ AMEK A&S Inc 115 3
50 KVA CSP pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
Taps (two over, two under).
Secondary voltage to be 120/240,
single phase. 18 107 404 511 2,838.00$ 55,043.01$ 3,057.95$ 1,159.02$ 4,216.97$ 75,905.37$ AMEK A&S Inc 115 4
50 KVA Standard pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
Taps (two over, two under).
Secondary voltage to be 240/480,
single phase.
10 108 417 525 2,794.00$ 30,105.35$ 3,010.54$ 1,185.81$ 4,196.35$ 41,963.45$ AMEK A&S Inc 115 5
100 KVA low profile padmount
transformers, loop-feed 12470
Delta primary Voltage with external
taps (two over, two under)
Elastimold bushing wells, 4-way
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 120/240,
Single-Phase with NEMA Spade
Termination.
15 146 750 896 5,577.00$ 90,138.26$ 6,009.22$ 1,925.30$ 7,934.52$ 119,017.76$ Transformers Load Loss Evaluation
15.b
Packet Pg. 613
Attachment: 2. Transformer Load Loss Evaluations 04-09-25 (4978 : Contract Award - Various Transformers) Name of Bidder Bidder Lead Time Number Description QTY
No
Load
Loss Load Loss Total Unit Price
Extended Price
including 7.75% tax Bid Price
Guaranteed
Average Loss
Cost TCO Extended TCO
AMEK A&S Inc 115 6
167 KVA low profile padmount
transformers, loop-feed 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, 4-way
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 120/240,
Single-Phase with NEMA Spade
Termination. 15 315 860 1175 7,282.00$ 117,695.33$ 7,846.36$ 2,842.30$ 10,688.66$ 160,329.83$ AMEK A&S Inc 115 7
750 KVA normal profile padmount
transformers, radial feed, 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, On/Off
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 208Y/120
Three-Phase with NEMA Spade
Termination
3 795 5960 6755 26,037.00$ 84,164.60$ 28,054.87$ 13,729.30$ 41,784.17$ 125,352.50$ AMEK A&S Inc 115 8
p p
transformers, radial feed, 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, On/Off
primary load-break switch and dual
sensing bay-onet fuses. Secondary
voltage to be 480Y/277 Three-
Phase with NEMA Spade
Termination.
5 862 5463 6325 23,859.00$ 128,540.36$ 25,708.07$ 13,157.59$ 38,865.66$ 194,328.31$
15.b
Packet Pg. 614
Attachment: 2. Transformer Load Loss Evaluations 04-09-25 (4978 : Contract Award - Various Transformers) Name of Bidder Bidder Lead Time Number Description QTY
No
Load
Loss Load Loss Total Unit Price
Extended Price
including 7.75% tax Bid Price
Guaranteed
Average Loss
Cost TCO Extended TCO
AMEK A&S Inc 115 9
1500 KVA normal profile padmount
transformers, radial feed, 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, On/Off
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 480Y/277
Three-Phase with NEMA Spade
Termination 10 1775 8846 10621 34,837.00$ 375,368.68$ 37,536.87$ 22,936.08$ 60,472.95$ 604,729.48$ AR Transformers Inc 95 1
50 KVA Standard pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
taps (two over, two under).
Secondary voltage to be 120/240,
single phase.
6 115 480 595 2,746.00$ 17,752.89$ 2,958.82$ 1,324.90$ 4,283.72$ 25,702.29$ AR Transformers Inc 95 2
37.5 KVA CSP pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
Taps (two over, two under).
Secondary voltage to be 120/240,
single phase. 12 92 385 477 2,646.00$ 34,212.78$ 2,851.07$ 1,061.65$ 3,912.72$ 46,952.58$ AR Transformers Inc 95 3
50 KVA CSP pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
Taps (two over, two under).
Secondary voltage to be 120/240,
single phase. 18 115 595 710 3,177.00$ 61,617.92$ 3,423.22$ 1,523.85$ 4,947.07$ 89,047.22$ AR Transformers Inc 95 4
50 KVA Standard pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
Taps (two over, two under).
Secondary voltage to be 240/480,
single phase. 10 115 480 595 2,746.00$ 29,588.15$ 2,958.82$ 1,324.90$ 4,283.72$ 42,837.15$
15.b
Packet Pg. 615
Attachment: 2. Transformer Load Loss Evaluations 04-09-25 (4978 : Contract Award - Various Transformers) Name of Bidder Bidder Lead Time Number Description QTY
No
Load
Loss Load Loss Total Unit Price
Extended Price
including 7.75% tax Bid Price
Guaranteed
Average Loss
Cost TCO Extended TCO
AR Transformers Inc 95 5
100 KVA low profile padmount
transformers, loop-feed 12470
Delta primary Voltage with external
taps (two over, two under)
Elastimold bushing wells, 4-way
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 120/240,
Single-Phase with NEMA Spade
Termination. 15 183 856 1039 4,728.00$ 76,416.30$ 5,094.42$ 2,267.78$ 7,362.20$ 110,433.00$ AR Transformers Inc 95 6
167 KVA low profile padmount
transformers, loop-feed 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, 4-way
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 120/240,
Single-Phase with NEMA Spade
Termination.
15 233 1451 1684 8,550.00$ 138,189.38$ 9,212.63$ 3,512.13$ 12,724.76$ 190,871.33$ AR Transformers Inc 95 7
750 KVA normal profile padmount
transformers, radial feed, 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, On/Off
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 208Y/120
Three-Phase with NEMA Spade
Termination
3 950 5760 6710 26,750.00$ 86,469.38$ 28,823.13$ 14,049.80$ 42,872.93$ 128,618.78$
15.b
Packet Pg. 616
Attachment: 2. Transformer Load Loss Evaluations 04-09-25 (4978 : Contract Award - Various Transformers) Name of Bidder Bidder Lead Time Number Description QTY
No
Load
Loss Load Loss Total Unit Price
Extended Price
including 7.75% tax Bid Price
Guaranteed
Average Loss
Cost TCO Extended TCO
AR Transformers Inc 95 8
750 KVA normal profile padmount
transformers, radial feed, 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, On/Off
primary load-break switch and dual
sensing bay-onet fuses. Secondary
voltage to be 480Y/277 Three-
Phase with NEMA Spade
Termination. 5 950 5760 6710 25,550.00$ 137,650.63$ 27,530.13$ 14,049.80$ 41,579.93$ 207,899.63$ AR Transformers Inc 95 9
1500 KVA normal profile padmount
transformers, radial feed, 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, On/Off
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 480Y/277
Three-Phase with NEMA Spade
Termination
10 1650 9200 10850 38,750.00$ 417,531.25$ 41,753.13$ 23,011.00$ 64,764.13$ 647,641.25$ ECB Solutions, LLC 130 1
50 KVA Standard pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
taps (two over, two under).
Secondary voltage to be 120/240,
single phase.
6 110 495 605 4,250.00$ 27,476.25$ 4,579.38$ 1,329.35$ 5,908.73$ 35,452.35$ ECB Solutions, LLC 130 2
37.5 KVA CSP pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
Taps (two over, two under).
Secondary voltage to be 120/240,
single phase. 12 90 350 440 3,450.00$ 44,608.50$ 3,717.38$ 992.50$ 4,709.88$ 56,518.50$
15.b
Packet Pg. 617
Attachment: 2. Transformer Load Loss Evaluations 04-09-25 (4978 : Contract Award - Various Transformers) Name of Bidder Bidder Lead Time Number Description QTY
No
Load
Loss Load Loss Total Unit Price
Extended Price
including 7.75% tax Bid Price
Guaranteed
Average Loss
Cost TCO Extended TCO
ECB Solutions, LLC 130 3
50 KVA CSP pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
Taps (two over, two under).
Secondary voltage to be 120/240,
single phase. 18 495 605 1100 4,250.00$ 82,428.75$ 4,579.38$ 3,175.15$ 7,754.53$ 139,581.45$ ECB Solutions, LLC 130 4
50 KVA Standard pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
Taps (two over, two under).
Secondary voltage to be 240/480,
single phase. 10 110 495 605 4,250.00$ 45,793.75$ 4,579.38$ 1,329.35$ 5,908.73$ 59,087.25$ ECB Solutions, LLC 130 5
100 KVA low profile padmount
transformers, loop-feed 12470
Delta primary Voltage with external
taps (two over, two under)
Elastimold bushing wells, 4-way
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 120/240,
Single-Phase with NEMA Spade
Termination. 15 190 820 1010 7,650.00$ 123,643.13$ 8,242.88$ 2,235.60$ 10,478.48$ 157,177.13$ ECB Solutions, LLC 130 6
167 KVA low profile padmount
transformers, loop-feed 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, 4-way
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 120/240,
Single-Phase with NEMA Spade
Termination. 15 325 1400 1725 10,900.00$ 176,171.25$ 11,744.75$ 3,819.50$ 15,564.25$ 233,463.75$
15.b
Packet Pg. 618
Attachment: 2. Transformer Load Loss Evaluations 04-09-25 (4978 : Contract Award - Various Transformers) Name of Bidder Bidder Lead Time Number Description QTY
No
Load
Loss Load Loss Total Unit Price
Extended Price
including 7.75% tax Bid Price
Guaranteed
Average Loss
Cost TCO Extended TCO
ECB Solutions, LLC 130 7
750 KVA normal profile padmount
transformers, radial feed, 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, On/Off
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 208Y/120
Three-Phase with NEMA Spade
Termination 3 1150 5100 6250 35,500.00$ 114,753.75$ 38,251.25$ 13,768.00$ 52,019.25$ 156,057.75$ ECB Solutions, LLC 130 8
750 KVA normal profile padmount
transformers, radial feed, 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, On/Off
primary load-break switch and dual
sensing bay-onet fuses. Secondary
voltage to be 480Y/277 Three-
Phase with NEMA Spade
Termination.
5 1150 5100 6250 35,500.00$ 191,256.25$ 38,251.25$ 13,768.00$ 52,019.25$ 260,096.25$ ECB Solutions, LLC 130 9
1500 KVA normal profile padmount
transformers, radial feed, 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, On/Off
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 480Y/277
Three-Phase with NEMA Spade
Termination
10 2100 8150 10250 57,500.00$ 619,562.50$ 61,956.25$ 23,129.50$ 85,085.75$ 850,857.50$
15.b
Packet Pg. 619
Attachment: 2. Transformer Load Loss Evaluations 04-09-25 (4978 : Contract Award - Various Transformers) Name of Bidder Bidder Lead Time Number Description QTY
No
Load
Loss Load Loss Total Unit Price
Extended Price
including 7.75% tax Bid Price
Guaranteed
Average Loss
Cost TCO Extended TCO
General Pacific 112 1
50 KVA Standard pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
taps (two over, two under).
Secondary voltage to be 120/240,
single phase. 6 111 553 664 2,597.00$ 16,789.61$ 2,798.27$ 1,433.99$ 4,232.26$ 25,393.55$ General Pacific 112 3
50 KVA CSP pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
Taps (two over, two under).
Secondary voltage to be 120/240,
single phase. 18 109 599 708 3,057.60$ 59,302.15$ 3,294.56$ 1,504.97$ 4,799.53$ 86,391.61$ General Pacific 112 4
50 KVA Standard pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
Taps (two over, two under).
Secondary voltage to be 240/480,
single phase. 10 111 553 664 2,597.00$ 27,982.68$ 2,798.27$ 1,433.99$ 4,232.26$ 42,322.58$ Howard Industries, inc c/o Young and
Company 112 1
50 KVA Standard pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
taps (two over, two under).
Secondary voltage to be 120/240,
single phase. 6 116 458 574 5,854.00$ 37,846.11$ 6,307.69$ 1,291.14$ 7,598.83$ 45,592.95$ Howard Industries, inc c/o Young and
Company 112 2
37.5 KVA CSP pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
Taps (two over, two under).
Secondary voltage to be 120/240,
single phase.
12 91 391 482 6,025.00$ 77,903.25$ 6,491.94$ 1,067.73$ 7,559.67$ 90,716.01$ Howard Industries, inc c/o Young and
Company 112 3
50 KVA CSP pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
Taps (two over, two under).
Secondary voltage to be 120/240,
single phase.
18 104 543 647 6,980.00$ 135,377.10$ 7,520.95$ 1,386.59$ 8,907.54$ 160,335.72$
15.b
Packet Pg. 620
Attachment: 2. Transformer Load Loss Evaluations 04-09-25 (4978 : Contract Award - Various Transformers) Name of Bidder Bidder Lead Time Number Description QTY
No
Load
Loss Load Loss Total Unit Price
Extended Price
including 7.75% tax Bid Price
Guaranteed
Average Loss
Cost TCO Extended TCO
Howard Industries, inc c/o Young and
Company 112 4
50 KVA Standard pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
Taps (two over, two under).
Secondary voltage to be 240/480,
single phase. 10 116 461 577 5,793.00$ 62,419.58$ 6,241.96$ 1,296.33$ 7,538.29$ 75,382.88$ Howard Industries, inc c/o Young and
Company 504 5
100 KVA low profile padmount
transformers, loop-feed 12470
Delta primary Voltage with external
taps (two over, two under)
Elastimold bushing wells, 4-way
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 120/240,
Single-Phase with NEMA Spade
Termination.
15 181 871 1052 16,177.00$ 261,460.76$ 17,430.72$ 2,285.13$ 19,715.85$ 295,737.71$ Howard Industries, inc c/o Young and
Company 504 6
167 KVA low profile padmount
transformers, loop-feed 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, 4-way
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 120/240,
Single-Phase with NEMA Spade
Termination.
15 266 1305 1571 21,155.00$ 341,917.69$ 22,794.51$ 3,401.45$ 26,195.96$ 392,939.44$
15.b
Packet Pg. 621
Attachment: 2. Transformer Load Loss Evaluations 04-09-25 (4978 : Contract Award - Various Transformers) Name of Bidder Bidder Lead Time Number Description QTY
No
Load
Loss Load Loss Total Unit Price
Extended Price
including 7.75% tax Bid Price
Guaranteed
Average Loss
Cost TCO Extended TCO
Howard Industries, inc c/o Young and
Company 365 7
750 KVA normal profile padmount
transformers, radial feed, 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, On/Off
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 208Y/120
Three-Phase with NEMA Spade
Termination 3 989 5166 6155 79,329.00$ 256,430.99$ 85,477.00$ 13,189.88$ 98,666.88$ 296,000.63$ Howard Industries, inc c/o Young and
Company 365 8
750 KVA normal profile padmount
transformers, radial feed, 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, On/Off
primary load-break switch and dual
sensing bay-onet fuses. Secondary
voltage to be 480Y/277 Three-
Phase with NEMA Spade
Termination.
5 1100 4710 5810 62,599.00$ 337,252.11$ 67,450.42$ 12,878.30$ 80,328.72$ 401,643.61$ Howard Industries, inc c/o Young and
Company 365 9
1500 KVA normal profile padmount
transformers, radial feed, 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, On/Off
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 480Y/277
Three-Phase with NEMA Spade
Termination
10 1833 8430 10263 107,848.00$ 1,162,062.20$ 116,206.22$ 22,465.80$ 138,672.02$ 1,386,720.20$
15.b
Packet Pg. 622
Attachment: 2. Transformer Load Loss Evaluations 04-09-25 (4978 : Contract Award - Various Transformers) Name of Bidder Bidder Lead Time Number Description QTY
No
Load
Loss Load Loss Total Unit Price
Extended Price
including 7.75% tax Bid Price
Guaranteed
Average Loss
Cost TCO Extended TCO
Magnetron USA LLC 150 1
50 KVA Standard pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
taps (two over, two under).
Secondary voltage to be 120/240,
single phase. 6 131 415 546 2,443.00$ 15,794.00$ 2,632.33$ 1,281.25$ 3,913.58$ 23,481.50$ Magnetron USA LLC 150 2
37.5 KVA CSP pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
Taps (two over, two under).
Secondary voltage to be 120/240,
single phase. 12 96 373 469 2,988.00$ 38,634.84$ 3,219.57$ 1,058.09$ 4,277.66$ 51,331.92$ Magnetron USA LLC 150 3
50 KVA CSP pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
Taps (two over, two under).
Secondary voltage to be 120/240,
single phase. 18 495 607 1102 3,720.00$ 72,149.40$ 4,008.30$ 3,178.61$ 7,186.91$ 129,364.38$ Magnetron USA LLC 150 4
50 KVA Standard pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
Taps (two over, two under).
Secondary voltage to be 240/480,
single phase. 10 134 400 534 2,440.00$ 26,291.00$ 2,629.10$ 1,268.20$ 3,897.30$ 38,973.00$ Magnetron USA LLC 150 5
100 KVA low profile padmount
transformers, loop-feed 12470
Delta primary Voltage with external
taps (two over, two under)
Elastimold bushing wells, 4-way
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 120/240,
Single-Phase with NEMA Spade
Termination. 15 177 840 1017 7,158.00$ 115,691.18$ 7,712.75$ 2,214.30$ 9,927.05$ 148,905.68$
15.b
Packet Pg. 623
Attachment: 2. Transformer Load Loss Evaluations 04-09-25 (4978 : Contract Award - Various Transformers) Name of Bidder Bidder Lead Time Number Description QTY
No
Load
Loss Load Loss Total Unit Price
Extended Price
including 7.75% tax Bid Price
Guaranteed
Average Loss
Cost TCO Extended TCO
Magnetron USA LLC 150 6
167 KVA low profile padmount
transformers, loop-feed 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, 4-way
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 120/240,
Single-Phase with NEMA Spade
Termination. 15 330 1040 1370 9,716.00$ 157,034.85$ 10,468.99$ 3,218.20$ 13,687.19$ 205,307.85$ Magnetron USA LLC 150 7
750 KVA normal profile padmount
transformers, radial feed, 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, On/Off
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 208Y/120
Three-Phase with NEMA Spade
Termination
3 825 6400 7225 33,246.00$ 107,467.70$ 35,822.57$ 14,619.50$ 50,442.07$ 151,326.20$ Magnetron USA LLC 150 8
p p
transformers, radial feed, 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, On/Off
primary load-break switch and dual
sensing bay-onet fuses. Secondary
voltage to be 480Y/277 Three-
Phase with NEMA Spade
Termination.
5 860 6000 6860 28,551.00$ 153,818.51$ 30,763.70$ 14,078.00$ 44,841.70$ 224,208.51$
15.b
Packet Pg. 624
Attachment: 2. Transformer Load Loss Evaluations 04-09-25 (4978 : Contract Award - Various Transformers) Name of Bidder Bidder Lead Time Number Description QTY
No
Load
Loss Load Loss Total Unit Price
Extended Price
including 7.75% tax Bid Price
Guaranteed
Average Loss
Cost TCO Extended TCO
Magnetron USA LLC 150 9
1500 KVA normal profile padmount
transformers, radial feed, 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, On/Off
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 480Y/277
Three-Phase with NEMA Spade
Termination 10 1670 10000 11670 51,264.00$ 552,369.60$ 55,236.96$ 24,481.00$ 79,717.96$ 797,179.60$ Nexgen power inc 252 1
50 KVA Standard pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
taps (two over, two under).
Secondary voltage to be 120/240,
single phase.
6 98 468 566 3,061.54$ 19,792.86$ 3,298.81$ 1,231.04$ 4,529.85$ 27,179.10$ Nexgen power inc 252 2
37.5 KVA CSP pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
Taps (two over, two under).
Secondary voltage to be 120/240,
single phase. 12 81 356 437 3,438.75$ 44,463.04$ 3,705.25$ 964.18$ 4,669.43$ 56,033.20$ Nexgen power inc 252 3
50 KVA CSP pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
Taps (two over, two under).
Secondary voltage to be 120/240,
single phase. 18 98 468 566 3,892.35$ 75,492.13$ 4,194.01$ 1,231.04$ 5,425.05$ 97,650.85$ Nexgen power inc 252 4
50 KVA Standard pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
Taps (two over, two under).
Secondary voltage to be 240/480,
single phase. 10 98 468 566 3,061.54$ 32,988.09$ 3,298.81$ 1,231.04$ 4,529.85$ 45,298.49$
15.b
Packet Pg. 625
Attachment: 2. Transformer Load Loss Evaluations 04-09-25 (4978 : Contract Award - Various Transformers) Name of Bidder Bidder Lead Time Number Description QTY
No
Load
Loss Load Loss Total Unit Price
Extended Price
including 7.75% tax Bid Price
Guaranteed
Average Loss
Cost TCO Extended TCO
Nexgen power inc 252 5
100 KVA low profile padmount
transformers, loop-feed 12470
Delta primary Voltage with external
taps (two over, two under)
Elastimold bushing wells, 4-way
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 120/240,
Single-Phase with NEMA Spade
Termination. 15 148 914 1062 10,228.05$ 165,310.86$ 11,020.72$ 2,217.62$ 13,238.34$ 198,575.16$ Nexgen power inc 252 6
167 KVA low profile padmount
transformers, loop-feed 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, 4-way
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 120/240,
Single-Phase with NEMA Spade
Termination.
15 290 1160 1450 12,722.33$ 205,624.66$ 13,708.31$ 3,253.80$ 16,962.11$ 254,431.66$ Nexgen power inc 252 7
750 KVA normal profile padmount
transformers, radial feed, 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, On/Off
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 208Y/120
Three-Phase with NEMA Spade
Termination
3 935 4777 5712 38,186.93$ 123,439.25$ 41,146.42$ 12,284.71$ 53,431.13$ 160,293.38$
15.b
Packet Pg. 626
Attachment: 2. Transformer Load Loss Evaluations 04-09-25 (4978 : Contract Award - Various Transformers) Name of Bidder Bidder Lead Time Number Description QTY
No
Load
Loss Load Loss Total Unit Price
Extended Price
including 7.75% tax Bid Price
Guaranteed
Average Loss
Cost TCO Extended TCO
Nexgen power inc 252 8
750 KVA normal profile padmount
transformers, radial feed, 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, On/Off
primary load-break switch and dual
sensing bay-onet fuses. Secondary
voltage to be 480Y/277 Three-
Phase with NEMA Spade
Termination. 5 935 4867 5802 32,352.87$ 174,301.09$ 34,860.22$ 12,440.41$ 47,300.63$ 236,503.14$ Nexgen power inc 252 9
1500 KVA normal profile padmount
transformers, radial feed, 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, On/Off
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 480Y/277
Three-Phase with NEMA Spade
Termination
10 1360 9591 10951 60,545.89$ 652,381.96$ 65,238.20$ 22,440.43$ 87,678.63$ 876,786.26$ Pulse MAC Solutions, LLC 135 1
50 KVA Standard pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
taps (two over, two under).
Secondary voltage to be 120/240,
single phase.
6 110 495 605 5,040.00$ 32,583.60$ 5,430.60$ 1,329.35$ 6,759.95$ 40,559.70$ Pulse MAC Solutions, LLC 135 2
37.5 KVA CSP pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
Taps (two over, two under).
Secondary voltage to be 120/240,
single phase. 12 95 384 479 4,680.00$ 60,512.40$ 5,042.70$ 1,072.82$ 6,115.52$ 73,386.24$
15.b
Packet Pg. 627
Attachment: 2. Transformer Load Loss Evaluations 04-09-25 (4978 : Contract Award - Various Transformers) Name of Bidder Bidder Lead Time Number Description QTY
No
Load
Loss Load Loss Total Unit Price
Extended Price
including 7.75% tax Bid Price
Guaranteed
Average Loss
Cost TCO Extended TCO
Pulse MAC Solutions, LLC 135 3
50 KVA CSP pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
Taps (two over, two under).
Secondary voltage to be 120/240,
single phase. 18 110 495 605 5,280.00$ 102,405.60$ 5,689.20$ 1,329.35$ 7,018.55$ 126,333.90$ Pulse MAC Solutions, LLC 135 4
50 KVA Standard pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
Taps (two over, two under).
Secondary voltage to be 240/480,
single phase. 10 110 495 605 5,160.00$ 55,599.00$ 5,559.90$ 1,329.35$ 6,889.25$ 68,892.50$ Pulse MAC Solutions, LLC 135 5
100 KVA low profile padmount
transformers, loop-feed 12470
Delta primary Voltage with external
taps (two over, two under)
Elastimold bushing wells, 4-way
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 120/240,
Single-Phase with NEMA Spade
Termination. 15 165 921 1086 10,224.00$ 165,245.40$ 11,016.36$ 2,302.83$ 13,319.19$ 199,787.85$ Pulse MAC Solutions, LLC 135 6
167 KVA low profile padmount
transformers, loop-feed 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, 4-way
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 120/240,
Single-Phase with NEMA Spade
Termination. 15 210 1530 1740 10,872.00$ 175,718.70$ 11,714.58$ 3,549.90$ 15,264.48$ 228,967.20$
15.b
Packet Pg. 628
Attachment: 2. Transformer Load Loss Evaluations 04-09-25 (4978 : Contract Award - Various Transformers) Name of Bidder Bidder Lead Time Number Description QTY
No
Load
Loss Load Loss Total Unit Price
Extended Price
including 7.75% tax Bid Price
Guaranteed
Average Loss
Cost TCO Extended TCO
Pulse MAC Solutions, LLC 135 7
750 KVA normal profile padmount
transformers, radial feed, 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, On/Off
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 208Y/120
Three-Phase with NEMA Spade
Termination 3 690 6800 7490 24,540.00$ 79,325.55$ 26,441.85$ 14,731.00$ 41,172.85$ 123,518.55$ Pulse MAC Solutions, LLC 135 8
750 KVA normal profile padmount
transformers, radial feed, 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, On/Off
primary load-break switch and dual
sensing bay-onet fuses. Secondary
voltage to be 480Y/277 Three-
Phase with NEMA Spade
Termination.
5 690 6800 7490 24,720.00$ 133,179.00$ 26,635.80$ 14,731.00$ 41,366.80$ 206,834.00$ Pulse MAC Solutions, LLC 135 9
1500 KVA normal profile padmount
transformers, radial feed, 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, On/Off
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 480Y/277
Three-Phase with NEMA Spade
Termination
10 990 12700 13690 33,600.00$ 362,040.00$ 36,204.00$ 26,228.00$ 62,432.00$ 624,320.00$
15.b
Packet Pg. 629
Attachment: 2. Transformer Load Loss Evaluations 04-09-25 (4978 : Contract Award - Various Transformers) Name of Bidder Bidder Lead Time Number Description QTY
No
Load
Loss Load Loss Total Unit Price
Extended Price
including 7.75% tax Bid Price
Guaranteed
Average Loss
Cost TCO Extended TCO
ULS Corperation 120 1
50 KVA Standard pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
taps (two over, two under).
Secondary voltage to be 120/240,
single phase. 6 150 500 650 3,490.66$ 22,567.12$ 3,761.19$ 1,510.00$ 5,271.19$ 31,627.12$ ULS Corperation 120 2
37.5 KVA CSP pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
Taps (two over, two under).
Secondary voltage to be 120/240,
single phase. 12 110 400 510 3,780.10$ 48,876.69$ 4,073.06$ 1,165.00$ 5,238.06$ 62,856.69$ ULS Corperation 120 3
50 KVA CSP pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
Taps (two over, two under).
Secondary voltage to be 120/240,
single phase. 18 150 500 650 4,069.54$ 78,928.73$ 4,384.93$ 1,510.00$ 5,894.93$ 106,108.73$ ULS Corperation 120 4
50 KVA Standard pole mount
transformer(s), radial feed, 12470
Delta primary voltage with external
Taps (two over, two under).
Secondary voltage to be 240/480,
single phase. 10 150 500 650 3,490.66$ 37,611.86$ 3,761.19$ 1,510.00$ 5,271.19$ 52,711.86$ ULS Corperation 120 5
100 KVA low profile padmount
transformers, loop-feed 12470
Delta primary Voltage with external
taps (two over, two under)
Elastimold bushing wells, 4-way
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 120/240,
Single-Phase with NEMA Spade
Termination. 15 300 900 1200 7,611.00$ 123,012.79$ 8,200.85$ 2,847.00$ 11,047.85$ 165,717.79$
15.b
Packet Pg. 630
Attachment: 2. Transformer Load Loss Evaluations 04-09-25 (4978 : Contract Award - Various Transformers) Name of Bidder Bidder Lead Time Number Description QTY
No
Load
Loss Load Loss Total Unit Price
Extended Price
including 7.75% tax Bid Price
Guaranteed
Average Loss
Cost TCO Extended TCO
ULS Corperation 120 6
167 KVA low profile padmount
transformers, loop-feed 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, 4-way
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 120/240,
Single-Phase with NEMA Spade
Termination. 15 450 1500 1950 9,058.20$ 146,403.16$ 9,760.21$ 4,530.00$ 14,290.21$ 214,353.16$ ULS Corperation 120 7
750 KVA normal profile padmount
transformers, radial feed, 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, On/Off
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 208Y/120
Three-Phase with NEMA Spade
Termination
3 1000 9000 10000 34,973.10$ 113,050.55$ 37,683.52$ 19,870.00$ 57,553.52$ 172,660.55$ ULS Corperation 120 8
750 KVA normal profile padmount
transformers, radial feed, 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, On/Off
primary load-break switch and dual
sensing bay-onet fuses. Secondary
voltage to be 480Y/277 Three-
Phase with NEMA Spade
Termination.
5 1000 9000 10000 34,973.10$ 188,417.58$ 37,683.52$ 19,870.00$ 57,553.52$ 287,767.58$
15.b
Packet Pg. 631
Attachment: 2. Transformer Load Loss Evaluations 04-09-25 (4978 : Contract Award - Various Transformers) Name of Bidder Bidder Lead Time Number Description QTY
No
Load
Loss Load Loss Total Unit Price
Extended Price
including 7.75% tax Bid Price
Guaranteed
Average Loss
Cost TCO Extended TCO
ULS Corperation 120 9
1500 KVA normal profile padmount
transformers, radial feed, 12470
Delta primary voltage with external
taps (two over, two under),
Elastimold bushing wells, On/Off
primary load-break switch and dual
sensing bay-o-net fuses.
Secondary voltage to be 480Y/277
Three-Phase with NEMA Spade
Termination 10 1820 16000 17820 42,771.60$ 460,863.99$ 46,086.40$ 35,506.00$ 81,592.40$ 815,923.99$
15.b
Packet Pg. 632
Attachment: 2. Transformer Load Loss Evaluations 04-09-25 (4978 : Contract Award - Various Transformers)
ITEM NO. 16
STAFF REPORT
DATE: JUNE 17, 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 RESOLUTION AUTHORIZING THE ANNUAL
ANTICIPATED DBE PARTICIPATION LEVEL (AADPL) FOR
FEDERAL FISCAL YEAR 2025/2026, RESOLUTION NO. R-52-25
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve the Resolution No. R -52-25 (Exhibit A) authorizing the Federal Fiscal Year 2025/2026 Annual Anticipated Disadvantaged Business Enterprise (DBE) Participation Level (AADPL) of
19.2 % and the methodology that is presented herein, and authorize the City Manager or his Designee to execute the DBE Annual Submittal Forms.
BACKGROUND
In 1984, City Council first adopted the Disadvantaged Business Enterprise (DBE) Program as required by 49 CFR Part 26. The program defines disadvantaged businesses and percentage goals for federally funded or assisted public works contracts to be awarded each year. The California Department of Transportation (Caltrans) has been entrusted with local agency oversight responsibility for DBE implementation since 1999, and as such, has the responsibility of overseeing Colton’s DBE Program. The DBE Program is intended to remedy past and current discrimination against DBEs, ensure a level playing field, and foster equal opportunity in federal-aid contracts.
On June 29, 2012, California Department of Transportation (Caltrans) announced that the U.S.
Department of Transportation (US DOT) has informed Caltrans that the Disadvantaged Business Enterprise (DBE) program waiver granted on August 7, 2008, has been rescinded. That waiver allowed race-conscious (RC) contract goals to be limited to African Americans, Asian Pacific 16 Packet Pg. 633
Staff Report to the Mayor and City Council
DBE Participation Level for FY 25/26
June 17, 2025
Americans, Native Americans, and Women. With rescission of the waiver, contract goals for federally funded projects authorized on and after July 1, 2012, must include all DBE groups (African Americans, Asian Pacific American, Native American, Women, Hispanic American, and Subcontinent Asian American and any other groups whose members are certified as socially and economically disadvantaged). This is referred to as the New RC DBE Program.
ISSUES/ANALYSIS
On May 19, 2009, the City Council approved the Race-Conscious Implementation agreement with Caltrans. The agreement requires annual submittal of AADPL calculation and methodology to Caltrans. The DBE methodology and calculation utilized to determine the AADPL together with the DBE implementation agreement, and the American with Disabilities Act (ADA) annual certification form are attached as exhibit to RESOLUTION NO. R-52-25.
Public Works and Utility Services Department staff identified three (3) federally-funded transportation projects that are expected to be awarded for construction phase during the 2025/2026 Federal Fiscal Year (October 1, 2025 to September 30, 2026). These projects with the estimated construction phase cost are as follows:
1. La Cadena Drive (over Santa Ana River) Bridge Replacement Project - $31,299,520
2. Mt. Vernon Ave. over UPRR Bridge Widening Project - $22,954,000
3. Barton Road Bridge Removal Project - $2,444,700
To calculate the New RC DBE, the total number of DBEs within each project’s market area from the Caltrans DBE California United Certification Program database is compared to the total number of businesses (DBE and non-DBE) performing the same services based on information from the US Census Bureau database (2022 County Business Patterns). The market areas vary by project and were selected by determining the location of the bidders for similar projects within the past several years. Using the projects’ race-conscious percentage, a weighted average was calculated to determine the City of Colton’s AADPL for Federal Fiscal Year 2025/2026.
The results of the calculations are as follows:
AADPL = New Race-Conscious DBEs = 19.2 %
After the City Council approval, the Fiscal Year 2025/2026 AADPL and methodology will be submitted to Caltrans. The City will use every opportunity to implement good faith effort to meet the New RC DBE goal of 19.2 % for projects with federal funding.
FISCAL IMPACTS
There is no fiscal impact associated with this recommendation. However; if the DBE goal is not approved, the City may become ineligible for federal grants obtained to date and any future 16 Packet Pg. 634
Staff Report to the Mayor and City Council
DBE Participation Level for FY 25/26
June 17, 2025
federal grant funding application. An approved DBE goal is also necessary for project authorization and reimbursement of any projects with federal funding.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - Resolution No. R-52-25
2. Attachment to Resolution
16 Packet Pg. 635
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-52-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
APPROVING THE ANNUAL ANTICIPATED DBE PARTICIPATION LEVEL (AADPL) FOR FEDERAL FISCAL YEAR 2025/2026 AND AUTHORIZING THE
CITY MANAGER OR HIS/HER DESIGNEE TO SIGN THE DBE ANNUAL SUBMITTAL FORM ON BEHALF OF THE CITY OF COLTON.
WHEREAS, the City of Colton intends to apply for Federal -Aid projects related to transportation, streets, and roads; and
WHEREAS, to be eligible for such Federal-Aid projects, the Federal Highway Administration and the California Department of Transportation (Caltrans) requires agencies to implement Caltrans' New Race -Conscious Disadvantaged Business Enterprises (DBE) Program; and
WHEREAS, Exhibit 9A (DBE Implementation Agreement), Exhibit 9B (DBE Annual Submittal Form) and Exhibit 9C (ADA Annual Certification Form) as attached on this resolution are required Disadvantaged Business Enterprise (DBE) Annual Submittal Form s provided by Caltrans that meets their requirements and the City Council wishes to meet the requirements of the Federal and State authorities and promotes the inclusion of Disadvantaged Business Enterprises in said projects; and
WHEREAS, the City Council approved the attached Exhibits as the City of Colton’s Disadvantaged Business Enterprise (DBE) Annual Submittal Form for Federal Fiscal Year 2025/2026.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1 The Recital preceding in this Resolution are true and correct and are incorporated into this Resolution by reference.
Section 2 The City Council City Council approves the Federal Fiscal Year 2025/2026 Annual Anticipated Disadvantaged Business Enterprise (DBE) Participation Level (AADPL) and authorizes the City Manager or his designee to sign the Disadvantaged Business Enterprise (DBE) Annual Submittal Forms for Federal Fiscal Year 2025/2026 on behalf of the City of Colton.
PASSED, APPROVED AND ADOPTED THIS 17TH DAY OF JUNE 2025.
_______________________________
FRANK J. NAVARRO
Mayor
ATTEST:
___________________________
ISAAC T. SUCHIL
City Clerk
16.a
Packet Pg. 636
Attachment: Exhibit A - Resolution No. R-52-25 (4973 : DBE Participation Level for FY 25/26) 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
-2-
Fiscal Year 2025/2026 Disadvantaged Business Enterprise (DBE) Annual Submittal Forms
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16.a
Packet Pg. 637
Attachment: Exhibit A - Resolution No. R-52-25 (4973 : DBE Participation Level for FY 25/26) Local Assistance Procedures Manual Exhibit 9-A DBE Implementation Agreement for Local Agencies
September 2020
Exhibit 9-A: DBE Implementation Agreement for Local Agencies
CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS)
DISADVANTAGED BUSINESS ENTERPRISE (DBE) IMPLEMENTATION AGREEMENT
For the City of ________Colton____________, hereinafter referred to as “SUB-RECIPIENT.” I. Definition of Terms
The terms used in this agreement have the meanings defined in 49 CFR 26.5.
II. Objective/Policy Statement (49 CFR 26.1 and 26.23)
SUB-RECIPIENT intends to receive federal financial assistance from the U. S. Department of Transportation (DOT) through the California Department of Transportation (Caltrans), and as a condition of receiving this assistance, SUB-RECIPIENT will sign the California Department of Transportation Disadvantaged Business Enterprise Implementation Agreement (hereinafter referred to as Agreement). SUB-RECIPIENT agrees to implement the State of California, Department of Transportation Disadvantaged Business Enterprise (DBE) Program Plan (hereinafter referred to as the DBE Program Plan) as it pertains to Local Agencies. The DBE Program Plan is based on U.S. Department of Transportation (DOT), 49 CFR 26 requirements.
It is the policy of SUB-RECIPIENT to ensure that DBEs, as defined in 49 CFR 26, have an equal opportunity to receive and participate in DOT-assisted contracts. It is also SUB- RECIPIENT’s policy:
To ensure nondiscrimination in the award and administration of DOT-assisted contracts. To create a level playing field on which DBE’s can compete fairly for DOT-assisted contracts.
To ensure that the DBE participation percentage is narrowly tailored, in accordance with applicable law.
To ensure that only firms that fully meet 49 CFR 26 eligibility standards are permitted to participate as DBEs.
To help remove barriers to the participation of DBEs in Federal-aid contracts. To assist the development of firms that can compete successfully in the market place outside the DBE Program.
III. Nondiscrimination (49 CFR 26.7)
SUB-RECIPIENT will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the Local Agency components of the DBE Program Plan, SUB- RECIPIENT will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
16.b
Packet Pg. 638
Attachment: Attachment to Resolution (4973 : DBE Participation Level for FY 25/26) Local Assistance Procedures Manual Exhibit 9-A DBE Implementation Agreement for Local Agencies
September 2020
IV. Annual DBE Submittal Form (49 CFR 26.21)
SUB-RECIPIENT will provide to the Caltrans District Local Assistance Engineer (DLAE) a completed Local Agency DBE Annual Submittal Form (Exhibit 9-B), by June 30 of each year for the following Federal Fiscal Year (FFY). This form must include the name, phone number, email address of the designated Disadvantaged Business Enterprise Liaison Officer (DBELO), and the choice of Prompt Pay Provision to be used by SUB-RECIPIENT for the following FFY.
V. Race-Neutral Means of Meeting Caltrans Overall Statewide Annual DBE Goal (49 CFR
26.51(a))
Caltrans expects SUB-RECIPIENT to meet the maximum feasible portion of Caltrans Overall Statewide Annual DBE Goal through race-neutral means of facilitating DBE participation. Race- neutral DBE participation includes when a DBE wins a prime contract through customary competitive procurement procedures, is awarded a subcontract on a prime contract that does not carry a DBE goal, or even if there is a DBE goal, wins a subcontract from a prime contractor that did not consider its DBE status in making the award (e.g., a prime contractor that uses a strict low-bid system to award subcontracts). Race-neutral means include, but are not limited to, the following:
1. Arranging solicitations, times for the presentation of bids, quantities, specifications, and delivery schedules in ways that facilitate the participation of DBE and other small businesses (e.g., unbundling large contracts to make them more accessible to small businesses, requiring or encouraging prime contractors to subcontract portions of work that they might otherwise perform with their own forces);
2. Providing assistance in overcoming limitations such as inability to obtain bonding or financing (e.g., by such means as simplifying the bonding process, reducing bonding requirements, eliminating the impact of surety costs from bids, and providing services to help DBEs and other small businesses obtain bonding and financing);
3. Providing technical assistance and other services;
4. Carrying out information and communication programs on contracting procedures and specific contract opportunities (e.g., ensuring the inclusion of DBEs and other small businesses on SUB-RECIPIENT mailing lists of bidders; ensuring the dissemination to bidders on prime contracts of lists of potential subcontractors; provision of information in languages other than English, where appropriate);
5. Implementing a supportive services program to develop and improve immediate and long-term business management, record keeping, and financial and accounting capability for DBEs and other small businesses;
6. Providing services to help DBEs and other small businesses improve long-term development, increase opportunities to participate in a variety of types of work, handle increasingly significant projects, and achieve eventual self-sufficiency;
7. Establishing a program to assist new, start-up firms, particularly in fields in which DBE participation has historically been low;
8. Ensuring distribution of your DBE directory through print and electronic means to the widest feasible universe of potential prime contractors; and
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Attachment: Attachment to Resolution (4973 : DBE Participation Level for FY 25/26) Local Assistance Procedures Manual Exhibit 9-A DBE Implementation Agreement for Local Agencies
September 2020
9. Assisting DBEs and other small businesses to develop their capability to utilize emerging technology and conduct business through electronic media.
VI. Race-Conscious Means of Meeting Caltrans Overall Statewide Annual DBE Goal (49 CFR
26.51(d))
SUB-RECIPIENT must establish DBE contract goals to meet any portion of Caltrans Overall Statewide Annual DBE Goal that cannot be achieved through race-neutral means.
VII. Quotas (49 CFR 26.43)
SUB-RECIPIENT will not use quotas or set-asides in any way in the administration of the Local Agency component of the DBE Program Plan.
VIII. DBE Liaison Officer (DBELO) (49 CFR 26.25)
SUB-RECIPIENT has designated a DBE Liaison Officer. The DBELO is responsible for implementing the DBE Program Plan as it pertains to the SUB-RECIPIENT, and ensures that the SUB-RECIPIENT is fully and properly advised concerning DBE Program Plan matters. [Specify resources available to the DBELO; e.g., the DBELO has a staff of two professional employees assigned to the DBE program on a full-time basis and two support personnel who devote a portion of their time to the program.] The name, address, telephone number, email address, and an organization chart displaying the DBELO’s position in the organization are found in Attachment A to this Agreement. This information will be updated annually and included on the DBE Annual Submittal Form.
The DBELO is responsible for developing, implementing, and monitoring the SUB-RECIPIENT’s requirements of the DBE Program Plan in coordination with other appropriate officials. Duties and responsibilities include the following:
1. Gathers and reports statistical data and other information as required.
2. Reviews third party contracts and purchase requisitions for compliance with this program.
3. Works with all departments to determine DBE contract goals.
4. Ensures that bid notices and requests for proposals are made available to DBEs in a timely manner.
5. Analyzes DBE participation and identifies ways to encourage participation through race- neutral means.
6. Participates in pre-bid meetings.
7. Advises the CEO/governing body on DBE matters and DBE race-neutral issues.
8. Provides DBEs with information and recommends sources to assist in preparing bids, obtaining bonding and insurance.
9. Plans and participates in DBE training seminars.
10. Provides outreach to DBEs and community organizations to fully advise them of contracting opportunities.
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Attachment: Attachment to Resolution (4973 : DBE Participation Level for FY 25/26) Local Assistance Procedures Manual Exhibit 9-A DBE Implementation Agreement for Local Agencies
September 2020
IX. Federal Financial Assistance Agreement Assurance (49 CFR 26.13) Each agreement SUB-RECIPIENT signs with Caltrans must include the following assurance:
The SUB-RECIPIENT shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract, or in the administration of its DBE Program, or the requirements of 49 CFR 26. The SUB-RECIPIENT shall take all necessary and reasonable steps under 49 CFR 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The SUB-RECIPIENT’s DBE Program, as required by 49 CFR 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the SUB-RECIPIENT of its failure to carry out its approved program, Caltrans may impose sanctions as provided for under 49 CFR 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
Each contract Sub-recipient signs with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance:
The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the Sub-recipient deems appropriate.
X. DBE Financial Institutions (49 CFR 26.27)
SUB-RECIPIENT must investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in the community to make reasonable efforts to use these institutions, and to encourage prime contractors on DOT-assisted contracts to make use of these institutions.
Information on the availability of such institutions can be obtained from the DBELO. The Caltrans Disadvantaged Business Enterprise Program may offer assistance to the DBELO.
XI. Directory (49 CFR 26.31)
SUB-RECIPIENT will refer interested persons to the Unified Certification Program DBE directory available from the Caltrans Disadvantaged Business Enterprise Program’s website.
XII. Required Contract Clauses (49 CFR 26.13 and 26.29) For the purpose of this section, contractor also means consultant, and subcontractor also includes subconsultant. For prompt payment, the following State regulations are referenced: the California Business and Professions Code (CBPC), California Public Contract Code (CPCC) and California Civil Code (CCC).
SUB-RECIPIENT ensures that the following clauses or equivalent will be included in each DOT- assisted prime contract:
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Attachment: Attachment to Resolution (4973 : DBE Participation Level for FY 25/26) Local Assistance Procedures Manual Exhibit 9-A DBE Implementation Agreement for Local Agencies
September 2020
A. Contract Assurance
The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of DOT-assisted contracts.
Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as SUB- RECIPIENT deems appropriate.
NOTE: This language is to be used verbatim, as is stated in Exhibit 12-G: Required Federal- aid Contract Language. See also 49 CRF 26.13(b).
B. Prompt Payment
Prompt Progress Payment to Subcontractors
The Local Agency shall require contractors and subcontractors to pay their subcontractors within seven (7) days for construction contracts, and within fifteen (15) days for consultant contracts, after receiving each progress payment. Any delay or postponement of payment may take place only for good cause and with the Local Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions and remedies specified in Section 7108.5 of the CBPC and Section 10262 of the CPCC for construction contract, and Section 3321 of the CCC for consultant contract. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
Prompt Payment of Withheld Funds to Subcontractors
The Local Agency shall ensure prompt and full payment of retainage from the prime contractor to the subcontractor within seven (7) days for construction contracts, or within fifteen (15) days for consultant contracts after the subcontractor’s work is satisfactorily completed and accepted. This shall be accompanied by including; either (1), (2), or (3) of the following provisions [Local Agency equivalent will need Caltrans approval] in their federal-aid contracts to ensure prompt and full payment of retainage [withheld funds] to subcontractors in compliance with 49 CFR 26.29.
1. No retainage will be held by the Local Agency from progress payments due to the prime contractor. Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the Local Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the CBPC and Section 10262 of the CPCC for construction contracts, and Section 3321 of the CCC for consultant contracts. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
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Attachment: Attachment to Resolution (4973 : DBE Participation Level for FY 25/26) Local Assistance Procedures Manual Exhibit 9-A DBE Implementation Agreement for Local Agencies
September 2020
2. No retainage will be held by the Local Agency from progress payments due to the prime contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor within seven (7) days for construction contracts, or within fifteen (15) days for consultant contracts after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the Local Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the CBPC and Section 10262 of the CPCC for construction contracts, and Section 3321 of the CCC for consultant contracts. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
3. The Local Agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Local Agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days for construction contracts, or within fifteen (15) days for consultant contracts after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Local Agency. Any delay or postponement of payment may take place only for good cause and with the Local Agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the CBPC and Section 10262 of the CPCC for construction contracts, and Section 3321 of the CCC for consultant contracts. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of: a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance; and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.
XIII. Local Assistance Procedures Manual (LAPM)
The SUB-RECIPIENT will advertise, award and administer Federal-aid contracts in accordance with the current Local Assistance Procedures Manual (LAPM) including Forms and Exhibits.
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Attachment: Attachment to Resolution (4973 : DBE Participation Level for FY 25/26) Local Assistance Procedures Manual Exhibit 9-A DBE Implementation Agreement for Local Agencies
September 2020
XIV. Vehicle Manufacturers/Specialized Equipment (§26.49) If Federal-aid contracts will include vehicle/specialized equipment procurements, SUB- RECIPIENT will require each vendor, as a condition of being authorized to bid or propose on vehicle/specialized equipment procurements, to certify that it has complied with the requirements of 49 CFR 26.69.
XV. Reporting to the DLAE
SUB-RECIPIENT will promptly submit a copy of the Consultant Proposal DBE Commitment (Exhibit 10-O1) at the time of award of the consultant contract.
SUB-RECIPIENT will promptly submit a copy of Consultant Contract DBE Information (Exhibit 10-O2) or the Local Agency Bidder DBE Commitment (Construction Contracts) (Exhibit 15-G) to the DLAE within 30 days after execution of consultant or construction contract.
SUB-RECIPIENT will promptly submit a copy of the Final Report-Utilization of DBE, First-Tier Subcontractors (Exhibit 17-F) of the LAPM, immediately upon completion of each consultant or construction contract.
XVI. Certification (§26.83(a))
SUB-RECIPIENT ensures that only DBE firms currently certified by the California Unified Certification Program (CUCP) will participate as DBEs on Federal-aid contracts.
XVII. Confidentiality
SUB-RECIPIENT will safeguard from disclosure to third parties, information that may reasonably be regarded as confidential business information consistent with federal, state, and local laws.
XVIII. Prompt Payment from the Local Agency to the Contractors (California Public Contract Code §20104.50)
The Local Agency shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract. If the Local Agency fails to pay promptly, the Local Agency shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the Local Agency shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the Local Agency as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request.
(2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
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Attachment: Attachment to Resolution (4973 : DBE Participation Level for FY 25/26) Local Assistance Procedures Manual Exhibit 9-A DBE Implementation Agreement for Local Agencies
September 2020
By: _________________________________________ Date: _____________________________ (Signature)
_______William R. Smith, City Manager_________ Phone #: __(909) 370-5051______________ (Print Name and Title)
ADMINISTERING AGENCY
(Authorized Governing Body Representative)
This California Department of Transportation’s Disadvantaged Business Enterprise Program Implementation Agreement is accepted by:
_________________________________________ Date: _____________________________ (Signature of DLAE)
_________________________________________
(Print Name of DLAE)
Distribution: (1) Original – DLAE
(2) Signed copy by the DLAE – Local Agency
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Attachment: Attachment to Resolution (4973 : DBE Participation Level for FY 25/26) Attachment A
CITY OF COLTON
PUBLIC WORKS/ ENGINEERING DIVISION
ORGANIZATIONAL CHART
PW/UTILITY SERVICES DIRECTOR
Chad Blais
ASST. PW DIR./CITY ENGINEER
Victor Ortiz, PE - DBELO
UTILITIES ENGINEER
Jess Sotto, P.E.
ENGINEERING ASSISTANT
Imtiaz Hossain
PW & UTILITIES INSPECTOR
Carlos Esquer
ASSOCIATE ENGINEER
Moises Peralta, EIT
ENGINEERING TECHNICIAN II
George Mekhil
PROJECT MANAGER
Cristian Cruz
DBELO:
Victor Ortiz, PE
Asst. PW Director/City Engineer
160 S. 10th St., Colton, CA 92324
Tel. (909) 514-4210
[email protected]
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Attachment: Attachment to Resolution (4973 : DBE Participation Level for FY 25/26) Local Assistance Procedures Manual EXHIBIT 9-B
Local Agency DBE Annual Submittal Form
2 January 2023
Exhibit 9-B: Local Agency DBE Annual Submittal Form
TO: CALTRANS DISTRICT __8__
District Local Assistance Engineer
The information for Exhibit 9-B presented herein is in accordance with Title 49 of the Code of Federal Regulations (CFR), Part 26, and the State of California Department of Transportation (Caltrans) Disadvantaged Business Enterprise (DBE) Program Plan.
The City of _____Colton_____________________________________________________________________ submits our annual 9-B information for the Federal Fiscal Year _2025/2026_ , beginning on October 1 and ending on September 30.
Disadvantaged Business Enterprise Liaison Officer (DBELO) Victor Ortiz, P.E.
Public Works and Utility Services Department
160 South 10th Street, Colton, CA 92324
Tel. (909) 370-5065 Fax (909) 370-5072; Email: [email protected]
Planned Race-neutral Measures
The City of Colton plans to implement for the upcoming Federal Fiscal Year 2025/2026 per 49 CFR 26.51 and Section V of the Caltrans DBE Program Implementation Agreement for Local Agencies by advertising all the project with local and regional newspaper, and trade journals indicating the DBE requirement of the projects. The City also plans to hold mandatory pre-bid meetings when necessary to ensure compliance with all DBE requirements of the projects.
Prompt Pay
49 CFR 26.29(b) requires one of three methods be used in federal-aid contracts to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor. Attached is a listing of the three methods. On the attachment, a prompt payment provision is designated that the City of Colton will use.
Prompt Pay Enforcement Mechanism
49 CFR 26.29(d) requires providing appropriate means to enforce prompt payment. These means may include appropriate penalties for failure to comply with the terms and conditions of the contract. The means may also provide that any delay or postponement of payment among the parties may take place only for good cause with the Local Agency’s prior written approval.
Establish a contract clause that requires prime contractors to pay subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment from the agency. Establish a contract clause that requires prime contractors to include in their subcontracts language providing that prime contractors and subcontractors will use appropriate alternative dispute resolution mechanisms to resolve payment disputes. Establish a contract clause providing that the prime contractor will not be reimbursed for work performed by subcontractors unless and until the prime contractor ensures that the subcontractors are promptly paid for the work they have performed.
(Signature) (Date)
(Print Name and Title) (Phone Number)
ADMINISTERING AGENCY
(Authorized Governing Body Representative)
(Signature of Caltrans District Local Assistance Engineer) (Date)
Distribution: (1) Original – DLAE
(2) Signed copy by the DLAE – Local Agency
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Attachment: Attachment to Resolution (4973 : DBE Participation Level for FY 25/26) Local Assistance Procedures Manual EXHIBIT 9-B
Local Agency DBE Annual Submittal Form
2 January 2023
√
X
(Attachment)
Prompt Payment of Withheld Funds to Subcontractors
Federal regulation (49 CFR 26.29(b)) requires one of the following three methods be used in federal-aid contracts to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor.
Please check the box of the method chosen by the Local Agency to ensure prompt and full payment of any retainage.
A&E CON
Method 1: No retainage will be held by the agency from progress payments due to the prime contractor. Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code for construction contracts, and Section 3321 of the California Civil Code for consultant contracts. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
A&E CON
√ Method 2: No retainage will be held by the agency from progress payments due to the prime contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor in seven (7) days for construction contracts and fifteen (15) days for consultant contracts after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Con tract Code for construction contracts, and Section 3321 of the California Civil Code for consultant contracts. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
A&E CON
√ Method 3: The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days for construction contracts and fifteen (15) days for consultant contracts after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Any delay or postponement of payment may take place only for good cause and with the agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code for construction contracts, and Section 3321 of the California Civil Code for consultant contracts.
This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non -DBE subcontractors.
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Attachment: Attachment to Resolution (4973 : DBE Participation Level for FY 25/26) Methodology
The process for establishing the Annual Anticipated DBE Participation Level (AADPL) was derived from data gathered from the U.S. Census Bureau - 2022 County Business Patterns (NAICS) and California Department of Transportation (Caltrans) Civil Rights Program. The data was gathered based upon four counties in which City of Colton lies and neighbors. These four counties include Los Angeles, Orange, Riverside, and San Bernardino, in the State of California.
The U.S. Census Bureau's Economic Census and the County Business Patterns contain all business and minority business data which are to be compiled as of the latest published version. For the purpose of calculating the City's overall D BE goal, we used these neighboring counties as the market area. Those jurisdictions and municipalities most closely reflect the same jurisdictions where businesses are located that typically participate in the bid process for DBE projects awarded by the City of Colton. Also, in researching the most reliable sources of data available to complete our calculations, it was discovered that the best data could be obtained for the jurisdictions and municipalities contained in these areas.
In order to establish the City of Colton's base figure reflecting the relative availability of DBEs in relation to all comparable firms available to participate in the City's DOT assisted and other federally funded contracts. T he City elected to use t he Directory of Certified Firms with Census Bureau Data methodology. The strategy used to determine DBE availability involved a multi-step process. First, we identified the major work types (North American Industrial Classification System - NAICS) for the contr acts anticipated for award in the upcoming fiscal year. Second, using the United States Census Bureau's 2022 County' Business Patterns data, we identified the businesses located in the counties noted for which data was available and recorded the number of businesses found for each work type. This particular database was used because it contained the most recent information available for counting the number of businesses located in the jurisdiction for each work type. Then, using Caltrans' database of DBE firms, we queried DBE firms for the appropriate NAICS codes and license type. Using that list, we identified the DBE firms ready, willing and able to perform services in our market area. Projected DOT and Federally assisted contracts by work type and NAICS Code For FY 2025/2026, we took the dollar value of work related to each work type (from the chart of federal DBE projects anticipated for award for the fiscal year) and calculated the percentage of federal funds applicable to each work type. Then, using Caltrans' Directory of Certified firms, we determined the availability of DBE firms for each work type by dividing the number of DBEs in the directory by the number of firms found in the census bureau data for each work type. Using the same Caltrans directory, Disadvantage Business Enterprise ( DBE) Male firms ( African Americans, Asian Pacific American, Native American , Hispanic American, and Subcontinent Asian American and any other groups whose members are certified as socially and economically disadvantaged ), and women owned firm were further set aside to calculate for the Race Neutral DBE. AADPL calculations for New Race Neutral DBEs are shown on the succeeding page.
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Attachment: Attachment to Resolution (4973 : DBE Participation Level for FY 25/26) Counties 237310 238210 541330 541370 541380
Highway Electrical Engineering Surveying Geo. Testing
Los Angeles 74 2244 1718 65 200
Orange 68 940 1233 46 154
Riverside 63 690 306 33 41
San Bernardino 47 484 247 34 38
Total Establishment 252 4358 3504 178 433
FY 2025-2026 Annual DBE Submittal
Establishment Located in Market Area
From U.S. Census 2022 County Business Patterns (NAICS)
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Attachment: Attachment to Resolution (4973 : DBE Participation Level for FY 25/26) NAICS Code - Trade/Work
Working in MA Located in MA Working in MA Located in MA Working in MA Located in MA 237310 - Highway 69 18 162 37 231 55
238210 - Electrical 24 5 123 12 147 17
541330 - Engineering 112 14 249 20 361 34
541370 - Surveying 18 4 38 16 56 20
541380 - Lab. Testing 12 4 41 12 53 16
Total 235 45 613 97 848 142
FY 2025-2026 Annual DBE Submittal
DBE Female DBE Male All DBE Firms
From Caltrans DBE Website
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Attachment: Attachment to Resolution (4973 : DBE Participation Level for FY 25/26) Projects 237310 238210 541330 #541370 #541380 Total
Highway & Bridges Electrical Engineering Surveying Geotech/Testing 1 La Cadena Bridge (Santa Ana River) Replacement 27,496,000.00$ 450,000.00$ 3,023,520.00$ 150,000.00$ 180,000.00$ 31,299,520.00 2 Mt. Vernon Bridge over UPRR Widening 19,790,000.00$ 170,000.00$ 2,724,000.00$ 120,000.00$ 150,000.00$ 22,954,000.00 3 Barton Bridge Removal Project 2,178,000.00$ 226,700.00$ 40,000.00$ 60,000.00$ 2,444,700.00 Total 49,464,000.00$ 620,000.00$ 5,974,220.00$ 310,000.00$ 390,000.00$ 56,698,220.00$ Weighted % 0.872 0.011 0.105 0.005 0.007 1.00 FY 2025-2026 Annual DBE Submittal
NAICS Code
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Attachment: Attachment to Resolution (4973 : DBE Participation Level for FY 25/26) (A) Total Establishment Located in Market
Area (from CBP table)
All Female DBE Firms Working in
Market Area (from CUCP database)
Female DBE Located in Market Area
All Male DBE Firms Working in Market
Area (from CUCP database)
Male DBE Located in Market Area
Total DBE Firms Working in Market
Area (from CUCP database)
(C) Total DBE Firms Located in Market Area
(from CUCP database)
(D) Weight
C C C C C
A A A A A
55 17 34 20 16
252 4358 3504 178 433
= (( ) + ( ) + ( ) + ( ) + ( ))x 100%
=
FY 2025-2026 Annual DBE Submittal
NAICS CODES
)) x0.007X
)) xDX 100%
100%
#541380
Geo. Testing
433
12 4
41 12
53 16
0.007
#541380
#541330 #541370
Engineering
#541330 #541370
X D
X 0.005
0.0006
)+(
)+(
Surveying
3504 178
112
20 X D )+(
X 0.105 )+(
0.0010 0.0003
18 14 4
249 38
0.105 0.005
20 16
361 56
34 #238210
147
X D )+(
55 17
0.0110.872
=
19.2%
(( X )+(
0.1904 0.0000
0.872 X 0.011 )+(
#237310
Highway/Bridge
#238210
Electrical
#237310
37 AADPL = New RC DBE =
252 4358
69 24
18 5
X D(( )+(
162
231
12 123
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Attachment: Attachment to Resolution (4973 : DBE Participation Level for FY 25/26) Local Assistance Procedures Manual EXHIBIT 9-E
Sample Evaluation of Good Faith Efforts
January 2020
EXHIBIT 9-E SAMPLE EVALUATION OF GOOD FAITH EFFORTS
M e m o r a n d u m
To: PROJECT FILE Date: Month XX, XXXX
Federal-Aid Project Number:
Bid Opening Date: Month XX, XXXX
Bidder: [Contractor/Consultant Name]
Type of Work: [General Description of Work]
Bid Amount: [$ Award Amount]
From: [Name of Agency]
Subject: Evaluation of Good Faith Efforts
The [Name of Agency] established a Disadvantaged Business Enterprise (DBE) goal of XX percent for this contract. The bidder commits [count only qualifying DBE participation] XX percent DBE participation.
The [Name of Agency]’s evaluation of the apparent low bidder’s Good Faith Efforts is based on Section 9.8 of the Local Assistance Procedures Manual and Appendix A to Part 26, Title 49 of the Code of Federal Regulations. The efforts of the bidder were reviewed by the [Name of Agency or department] from the information provided in Exhibit 15-H: Proposer/Contractor Good Faith Efforts signed and submitted by [Name of Low Bidder].
The [Name of Agency] determined that the Low Bidder [did or did not] demonstrate Good Faith Efforts to meet the DBE participation goal of this project for the reasons cited in this evaluation.
EVALUATION
A. Items of work the bidder made available to DBE firms [Describe the work and approximate dollar amount, as a percentage of total work, made available to DBEs by the Low Bidder. If the bidder did not make enough work available to meet the goal, the bidder definitely did not make adequate efforts to meet the goal. The amount of work made available relative to the goal is generally positively correlated with the adequacy of the bidder’s Good Faith Efforts.]
[Did the Low Bidder separate the work into economically feasible units to facilitate DBE participation?]
B. Solicitation effort documentation
[Document the number of DBEs originally contacted by the Low Bidder and the dates and number of follow-up solicitations and determine if sufficient time was allowed for the DBEs to respond.]
[Document if the Low Bidder solicited through all reasonable and available means (e.g., attendance at pre-bid meetings, advertising and/or written notices, etc.) to all certified DBEs who have the capability to perform the work of the contract?] [Did the Low Bidder provide proof of the aforementioned items?]
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Attachment: Attachment to Resolution (4973 : DBE Participation Level for FY 25/26) Local Assistance Procedures Manual EXHIBIT 9-E
Sample Evaluation of Good Faith Efforts
January 2020
[How many of the DBEs solicited are capable of performing the work identified in A? Use the California Unified Certification Program online database at:
https://dot.ca.gov/programs/business-and-economic-opportunity/dbe-search
C. Rejected DBE documentation
[How many DBE quotes were accepted or rejected by the Low Bidder? Why were the quotes rejected?]
[Was/were quote(s) rejected when it was only marginally higher and could have substantially increased the DBE commitment or even allow it to meet the DBE goal?] D. Publication effort made to advertise the projects to include DBE participation [What publications were used and when to request DBE participation for this the project? Did the Low Bidder provide copies of publications?]
E. Agencies, organizations, or groups contacted to provide assistance in contacting, recruiting and using DBEs
[Did the Low Bidder contact other organizations for outreach to encourage DBE participation on the contract?]
F. Efforts to provide information about the plans, specifications, and contract requirements
[Did the Low Bidder provide contract information to interested DBEs and were these listed in their Good Faith Efforts?]
G. Assistance with bonding, lines of credit, insurance, equipment, supplies, materials, and/or services
[Did the Low Bidder provide references to the DBEs and were these listed in the GFE?] H. Additional data to support a demonstration of Good Faith Effort [Was any more information provided by the Low Bidder to demonstrate a Good Faith Effort?] [Did the 2nd or 3rd low bidder meet the goal or get substantially more DBE commitment than the apparent low bidder? When an apparent low bidder fails to meet the goal and other bidders meet the goal, you may reasonably raise the question of whether, with additional reasonable efforts, the apparent low bidder could have met the goal.] FINDING OF THE [NAME OF AGENCY]
The [Name of Agency] finds that the Low Bidder [did or did not] demonstrate Good Faith Efforts to meet the DBE contract goal for the reasons cited in this evaluation.
Submitted by: Approved by:
John Doe Jane Doe*
[Job Title] [Job Title]
*Must be approved by someone other than the reviewer.
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Attachment: Attachment to Resolution (4973 : DBE Participation Level for FY 25/26) Local Assistance Procedures Manual EXHIBIT 9-C
Local Agency ADA Annual Certification Form
January 2021
Exhibit 9-C: Local Agency Americans with Disabilities Act (ADA) Annual Certification Form
Local Agency ADA Annual Certification Form
49 CFR 27: Nondiscrimination on the Basis of Disability in Programs or Activities
Receiving Federal Financial Assistance
Local Agency: __City of Colton_____________________________ State Fiscal Year (July 1-June 30): __FY 2025/2026____________
I. Name of ADA / 504 Liaison Officer: __Chad Blais_________________________________ Telephone Number: (909) 370-6196 .
E-mail Address: [email protected]__________________________________________
NOTE: Section 504 applies to federally funded programs and ADA applies to state and local government funded programs (Title II). An ADA Officer is only required if the agency has 50 or more employees.*
II. ADA Grievance / Complaint Procedure Adopted?
Yes: X No: ______
If yes, date of completion/last updated: July 21, 2021 If no, planned date of adoption:
NOTE: An ADA Officer is only required if the agency has 50 or more employees.*
III. Self-evaluation completed?
Yes: X No: ______
If yes, date of completion/last updated: July 21, 2021 If no, planned date of completion:
NOTE: All public entities receiving federal funds are required to complete a self-evaluation. Agencies are required to review and make modifications as needed to the self-evaluation to ensure there is non-discrimination on the basis of disability. Local agencies shall implement a system for periodically reviewing and updating self-evaluations and, if applicable, transition plans. As a best practice, it is recommended to review the self-evaluation every three years prior to submitting or adopting the four-year Transportation Improvement Program.
* The Section 8.1000 in Title II, Technical Assistance Manual states, “How does a public entity determine whether it has 50 or more employees? Determining the number of employees will be based on a governmentwide total of employees, rather than by counting the number of employees of a subunit, department, or division of the local government. Part-time employees are included in the determination.”
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Attachment: Attachment to Resolution (4973 : DBE Participation Level for FY 25/26) Local Assistance Procedures Manual EXHIBIT 9-C
Local Agency ADA Annual Certification Form
January 2021
IV. Transition Plan completed?
Yes: X No: _______
If yes, date of completion/last updated: July 21, 2021 If no, planned date of completion:
NOTE: In the event that structural changes to facilities will be undertaken to achieve program accessibility, a public entity with 50 or more employees are required to develop a transition plan.* The transition plan is the action plan developed from the results of the self-evaluation. As a best practice, it is recommended to update the transition plan every three to five years after completion of the recommended self- evaluation and to update the schedule of ADA compliant changes that will be accomplished.
V. Have your agency’s policies, procedures, and criteria for implementing ADA compliance improvements in maintenance and capital improvement programs been reviewed? Yes: X No:
Were deficiencies found?
Yes: X No:
If deficiencies were found, have the agency’s ADA plans been revised to correct those deficiencies? Yes: No:
VI. Does the agency have procedures to obtain approval from the Division of State Architect (DSA) for design packages consistent with State law?
Yes: X No:
DSA website: https://www.dgs.ca.gov/DSA/Resources/Page-Content/Resources-List-Folder/Accessibility- Plan-Review
Reminder: State of California Government Code Sections 4450 - 4454 requires DSA to review and approve the plans and specifications to all buildings, structures, sidewalks, curbs and related facilities constructed in the state, using state, county or municipal funds, or the funds of any political subdi vision of the state. These facilities shall be accessible to and usable by persons with disabilities. Please reference Section 9.3 of the Local Assistance Procedures Manual for submittal of design packages to DSA.
The DSA has limited their review to “Safe Routes to School” projects. For ATP Projects, the California Transportation Commission considers Safe Routes to School projects as those “that directly increase safety and convenience for public school students to walk and/or bike to school. Safe Routes to Schools infrastructure projects must be located within two miles of a public school or within the vicinity of a public - school bus stop and the students must be the intended beneficiaries of the project.”
VII. Are agency’s Standard Plans reviewed and updated on an ongoing basis for full ADA and California Accessibility compliance?
Yes: X No:
Date:
Signature
(ADA Liaison Officer)
Distribution: (1) Original - DLAE
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Attachment: Attachment to Resolution (4973 : DBE Participation Level for FY 25/26)
ITEM NO. 17
STAFF REPORT
DATE: JUNE 17, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: ANTHONY VEGA, POLICE CHIEF
SUBJECT: APPROVE GRANT ALLOCATION REVISION OF JUSTICE
ASSISTANCE GRANT (JAG) FUNDING TO REFLECT THE
PURCHASE OF PHOTOGRAPHY EQUIPMENT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve an amendment to purchase photography equipment using the FY 2024 Justice Assistance Grant (JAG) funding previously approved at the April 15th City Council meeting.
BACKGROUND
The Justice Assistance Grant (JAG) is the provider of federal criminal justice funding to state and local jurisdictions. The formula for the distribution of funds is based on each city’s population, their part one crimes and direct allocations to state and local governments. The City of Colton’s allocation has been determined to be $14,391. These grant funds must be expended for law enforcement purposes only.
ISSUES/ANALYSIS
During the April 15 th City Council Meeting, Council adopted and approved Resolution R -16-25 to accept funding from the Justice Assistance Grant (JAG) in the amount of $14,391.
The initial procurement plan included the purchase of weapons and associated storage cases to support department operations. However, following a reassessment of current equipment and operational priorities, it was determined that enhancing our photographic and surveillance capabilities would better serve our immediate needs.
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Staff Report to the Mayor and City Council
Grant Allocation Revision - JAG Funding
June 17, 2025
Staff is now seeking approval to use the allocated funds to purchase photography and camera equipment. This equipment will be utilized to support investigations, evidence documentation, and other field-related operations that require high-quality imagery and recording.
FISCAL IMPACTS
The cost of the photography and camera equipment will remain within the originally approved budget for this purchase (Resolution # R-16-25). No additional funding is required.
ALTERNATIVES
1) Provide alternate direction to staff.
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ITEM NO. 18
STAFF REPORT
DATE: JUNE 17, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TOM CODY, HUMAN RESOURCES DIRECTOR
SUBJECT: APPROVE AND ADOPT MOU WITH IBEW-ELECTRIC FOR 2025- 2027, RESOLUTION R-49-25.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve and adopt a Memorandum of Understanding (MOU) with the International Brotherhood of Electrical Workers (IBEW), Local 47 Electric Division for the years effective January 2025 through December 2027; and Resolution NO. R-49-25.
BACKGROUND
Representatives from the City of Colton have met multiple times with representatives of the International Brotherhood of Electrical Workers (IBEW), Local 47, to discuss wages and employment benefits. The results of these negotiations are summarized below and contained in the attached Memoranda of Understanding, which is being presented to the City Council for approval and adoption of the attached Resolution R-49-25.
These negotiations were unique in that the City and IBEW, in the first year of the three -year MOU implementation, aimed to bring IBEW Electric classifications to the mid -market level of comparable municipal agencies that also have an Electric Department and are identified within the IBEW -Electric MOU. This will complete the City Manager ’s Labor Plan and position the Colton Electric Department for future success by retaining and recruiting qualified employees to join and remain with Colton Electric.
The Memoranda of Understanding for the IBEW, Local 47 - Electric Division contain the following, as summarized:
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Staff Report to the Mayor and City Council
MOU - IBEW-Electric 2025-2027
June 17, 2025
1. Effective January 1, 2025 employees shall receive the following salary increases per each classification:
Consumer Service Field Rep. I – 2.44%
Consumer Service Field Rep. II – 7.01%
Senior Consumer Service Field Rep – 7.01%
Engineering GIS Technician – 6.80%
Maintenance Electrician – 6.06%
Senior Electric Utility Inspector – 5.00%
Power Line Technician Apprentice – 21.00%
Power Line Technician – 21.00%
Service Crew Supervisor – 21.00%
Line Crew Supervisor – 21.00%
Electric Field Operations Foreman – 25.00%
Substation Electrician Apprentice – 12.00%
Substation Electrician – 12.00%
Senior Substation Electrician – 12.00%
Substation Operations Supervisor – 12.00%
2. Effective January 1, 2026, employees shall receive a four percent (4%) across-the-board salary increase.
3. Effective January 1, 2027, employees shall receive a four percent (4% ) across-the-board salary increase.
The members of IBEW Local 47 – Electric Division have provided essential community services while collaborating with the City during Colton’s fiscal challenges and the pandemic that the nation faced, which particularly impacted California. Consequently, due to this economic contraction and limited salary rate adjustments, compensation rates for Colton employees have lagged behind regional averages of similarly sized full -service cities, including those municipalities that offer electrical services to communities. The City has made a concerted effort to tackle this decline in salary competitiveness through the 2024/2025 City Labor Plan. The Electric Unit is the last remaining group addressed by the Labor Plan, and the first year of this three-year contract positions Colton Electric workers within the mid -range of the labor market of competitive utilities. This MOU contract seeks to enhance compensation levels to remain regionally competitive while also attracting and retaining qualified employees for the City of Colton.
These negotiation results represent the direction given to staff during the negotiation process.
FISCAL IMPACTS
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Staff Report to the Mayor and City Council
MOU - IBEW-Electric 2025-2027
June 17, 2025
Sufficient appropriations are included in the adopted FY2025- 2026 budget for the contractual changes. Following is the estimated fiscal impact for each year as well as the total estimated contract amount over the three-year term.
FY 24/25 – Electric Fund - $503,657
FY 25/26 – Electric Fund - $1,146,205
Total Contract, 3 years - $3,866,419
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. IBEW Electric MOU 1.1.25-12.31.27 FINAL
2. RESOLUTION NO. R-49-25
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF COLTON
AND THE
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,
LOCAL 47
ELECTRIC DIVISION
January 1, 2025 – December 31, 2027
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Attachment: IBEW Electric MOU 1.1.25-12.31.27 FINAL (4981 : MOU - IBEW-Electric 2025-2027)
Table of Contents
ARTICLE I – EMPLOYER-EMPLOYEE RELATIONS ..................................................... 5 SECTION 1: Recognition .................................................................................................. 5 SECTION 2: Scope of Representation ............................................................................. 5 SECTION 3: Union Membership ..................................................................................... 5 SECTION 4: Disciplinary Action Appeals Process ......................................................... 5 SECTION 5: Union Leave ................................................................................................. 6 SECTION 6: Parity Language .......................................................................................... 6 SECTION 7: Management Rights .................................................................................... 7 SECTION 8: Labor/Management Committee ................................................................ 7 SECTION 9: New Employee Orientation ........................................................................ 8 Notice Requirements .................................................................................................................. 8 Reporting Requirements: ............................................................................................................ 9 ARTICLE II – COMPENSATION .......................................................................................... 9 SECTION 1: Salary ........................................................................................................... 9 Salary ......................................................................................................................... 9 Classification Benchmark ......................................................................................................... 10 Retention Bonus Program ........................................................................................................ 10 Promotion ....................................................................................................................... 11 Newly Hired Employees .......................................................................................................... 11 Newly Hired Apprentice Employees ........................................................................................ 11 Substation Apprentices ............................................................................................................. 11 Rubber Gloving Differential Pay ............................................................................................. 12 SECTION 2: Performance Evaluations ......................................................................... 12 Power Line Technician Apprentice .......................................................................................... 12 Substation Electrician Apprentice ............................................................................................ 13 SECTION 3: Overtime .................................................................................................... 13 Overtime Pay ....................................................................................................................... 13 Planned Overtime ..................................................................................................................... 13 Overtime Authorization ............................................................................................................ 13 Compensatory Time ................................................................................................................. 14 Call Back Pay ....................................................................................................................... 14 Standby Pay ....................................................................................................................... 14 Rest Period ....................................................................................................................... 14 SECTION 4: Training Time............................................................................................ 15 SECTION 5: City Vehicle Use ........................................................................................ 15 SECTION 6: Acting Pay .................................................................................................. 16 SECTION 7: Temporary Upgrade Pay .......................................................................... 16 SECTION 8: Reclassification Language ........................................................................ 17 SECTION 9: Bilingual Pay.............................................................................................. 17 SECTION 10: Social Security ........................................................................................... 17 SECTION 11: Medicare .................................................................................................... 17 ARTICLE III – FRINGE BENEFITS ................................................................................... 17 SECTION 1: Health Insurance ....................................................................................... 17 SECTION 2: Retirees’ Health Insurance Participation ............................................... 18 Employees hired on or after July 1, 2017 ................................................................................. 18
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Attachment: IBEW Electric MOU 1.1.25-12.31.27 FINAL (4981 : MOU - IBEW-Electric 2025-2027)
Employees hired on or after December 31, 2023 ..................................................................... 18 SECTION 3: Retirement Benefits .................................................................................. 19 SECTION 4: PERS 4th Level Survivor Benefit ............................................................ 19 SECTION 5: Dental Plan ................................................................................................ 19 SECTION 6: Optical Plan ............................................................................................... 19 SECTION 7: Term Life Insurance ................................................................................. 20 SECTION 8: Short Term and Long Term Disability ................................................... 20 SECTION 9: Tuition Reimbursement............................................................................ 20 SECTION 10: Uniforms ..................................................................................................... 20 SECTION 11: Boot/Shoe Allowance ................................................................................. 21 SECTION 12: Class “A” Driver’s License ....................................................................... 21 ARTICLE IV – LEAVES ........................................................................................................ 21 SECTION 1: Vacation ..................................................................................................... 21 Accrual ....................................................................................................................... 21 Use ....................................................................................................................... 22 Vacation Cash-out .................................................................................................................... 22 Accumulated Time At Termination Of Employment ............................................................... 22 SECTION 2: Holidays ..................................................................................................... 22 SECTION 3: Sick Leave .................................................................................................. 23 Sick Leave Usage ..................................................................................................................... 23 Accrual ....................................................................................................................... 24 Balance ....................................................................................................................... 24 Family Attendance ................................................................................................................... 24 Rights of Victims of Domestic Violence ................................................................................. 24 Sick Leave Sell Back ................................................................................................................ 25 Accumulated Sick Leave At Termination Of Employee .......................................................... 25 SECTION 4: Bereavement Leave ................................................................................... 25 SECTION 5: Industrial Injury Leave/Insurance Premiums ....................................... 26 SECTION 6: Cash out of Leave Accruals ...................................................................... 26 ARTICLE V – WORKING CONDITIONS .......................................................................... 26 SECTION 1: Shift Change/Work Schedule ................................................................... 26 SECTION 2: Emergency Meal Periods .......................................................................... 26 SECTION 3: Inclement Weather.................................................................................... 27 SECTION 4: Nepotism Policy ......................................................................................... 27 SECTION 5: Layoff Policy .............................................................................................. 27 Definition ....................................................................................................................... 27 Notification ....................................................................................................................... 27 Order Of Layoff ....................................................................................................................... 27 Exception To Order Of Layoff ................................................................................................. 28 Employee’s Right While On Layoff ........................................................................................ 29 Retraining ....................................................................................................................... 29 SECTION 5: Modified/Light Duty Policy ...................................................................... 29 Purpose ....................................................................................................................... 29 Policy ....................................................................................................................... 29 Procedure ....................................................................................................................... 30 Exclusion ....................................................................................................................... 30
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Attachment: IBEW Electric MOU 1.1.25-12.31.27 FINAL (4981 : MOU - IBEW-Electric 2025-2027)
ARTICLE VI – GRIEVANCE PROCEDURE ..................................................................... 30 SECTION 1: Statement Of Purpose ............................................................................... 30 SECTION 2: Definitions .................................................................................................. 31 SECTION 3: Representation........................................................................................... 32 SECTION 4: Time Limits................................................................................................ 32 SECTION 5: Withdrawal ................................................................................................ 33 SECTION 6: Freedom From Reprisal ........................................................................... 33 SECTION 7: Procedure ................................................................................................... 33 Waiver Of Steps ....................................................................................................................... 33 Informal Resolution .................................................................................................................. 33 Formal Resolution .................................................................................................................... 34 ARTICLE VII – GENERAL PROVISIONS ......................................................................... 35 SECTION 1: Savings Clause ........................................................................................... 35 SECTION 2: Term Of Agreement .................................................................................. 35 SECTION 3: Maintenance of Terms and Conditions of Employment ....................... 35 SECTION 4: Council Adoption ...................................................................................... 36 EXHIBIT A - EVERGREEN LIST ........................................................................................ 37 EXHIBIT B - FORMAL GRIEVANCE PROCEDURE FORM ......................................... 39
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Attachment: IBEW Electric MOU 1.1.25-12.31.27 FINAL (4981 : MOU - IBEW-Electric 2025-2027)
ARTICLE I – EMPLOYER-EMPLOYEE RELATIONS
SECTION 1: Recognition
The City hereby recognizes the International Brotherhood of Electrical Workers, Local 47, as the representative of employees in the Electric Unit, which encompasses the following classifications.
Consumer Service Field Representative I Power Line Technician Consumer Service Field Representative II Power Line Technician Apprentice Electric Utility Inspector Senior Consumer Service Field Representative Electric Field Operations Foreman Senior Electric Utility Inspector Engineering/GIS Technician Senior Substation Electrician Joint Pole Coordinator Service Crew Supervisor
Line Crew Supervisor Substation Electrician
Maintenance Electrician Substation Electrician Apprentice Meter Technician Substation Operations Supervisor
SECTION 2: Scope of Representation
Scope of representation shall include all matters pertaining to wages, hours, and other terms and conditions of employment.
SECTION 3: Union Membership
Upon a request by IBEW, Local 47, and certification from IBEW, Local 47 that it has and will maintain an authorization, signed by the individual from whose salary or wages the deduction or reduction is to be made, as required by law, the City shall, on behalf of IBEW, Local 47 , deduct monthly membership dues from the Member ’s salary. IBEW, Local 47 agrees to indemnify the City and to hold the City harmless against any and all claims, demands, suits or other forms of liability that may arise out of, or b y reason of, any action taken by the City for the purposes of complying with the provisions of Article I of this MOU.
SECTION 4: Disciplinary Action Appeals Process
Employees who are dissatisfied with management actions have the following forms of recourse:
Written reprimands will be removed from the employee’s personnel file upon satisfactory and sustained performance after one (1) year from the date of the written reprimand. Supervisors and/or managers will provide Human Resources with an explanation of the employee's satisfactory performance over the year and their recommendation to remove the written reprimand.
Discipline Appeal Procedure (Disciplinary Suspensions, Demotions and Dismissals)
The City shall comply with Administrative Policy No. 4.05.250, thus insuring that employees are afforded “due process.” In all matters concerning contract interpretation or administration of the MOU, the Union shall have exclusive authority to determine whether a grievance shall be taken to
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Attachment: IBEW Electric MOU 1.1.25-12.31.27 FINAL (4981 : MOU - IBEW-Electric 2025-2027)
arbitration. If the Union chooses not to proceed on a disciplinary grievance, the employee may proceed at his/her risk and expense to take the matter to arbitration. Such an appeal to be made in the form of a memorandum or letter to the City Manager from an authorized union representative, within ten (10) business days of receiving the “Order of Disciplinary Action.”
The disciplinary appeals process is as follows:
A. Selection of Arbitrator - If the parties are unable to mutually select an arbitrator, the State Mediation and Conciliation Service shall be requested to submit a list of seven persons qualified to act as arbitrators. Within five (5) days following receipt of the list of arbitrators, the parties shall select an arbitrator. Unless the parties agree to another method of selecting an arbitrator, the parties shall alternately strike one name from the list until one name remains. The right to strike the first name is determined by lot.
B. Private Hearing - Discipline appeal arbitration hearings shall be private.
C. Costs and Expenses - Each party shall bear equally the cost of the fees and expenses of the arbitrator and court reporter, if any. Each party shall bear its own witness and attorney fees.
D. The arbitrator shall render a decision in writing within thirty (30) days of the close of the hearing or of receipt of closing briefs, whichever is later. The decision of the arbitrator is final and binding and is not subject to any administrative or judicial review except pursuant to the Code of Civil Procedure Section 1286.2.
SECTION 5: Union Leave
Three employees, designated by the Union, shall be given up to 40 hours each, per fiscal year, at different times, or one employee 80 hours per year, of unpaid leave to attend to Union business.
Employees requesting such leave shall give the Supervisor and/or Department Director at least two weeks advance notice. In deciding whether to grant such leave, the Supervisor and/or Department Director may take into account staffing and other legitimate City interests, provided that all leaves will not be denied unreasonably.
For the purposes of bargaining, the 80 hour provision noted in the above paragraph may not apply.
SECTION 6: Parity Language
The City and the Union agree to the following language: The City agrees that during the term of this Memorandum of Understanding it will attempt not to enter into any agreement, whether written or otherwise, with any other bargaining unit or employee grou p in the City that obligates the City to provide any monetary or non-monetary benefit based upon any provision in the MOU or any benefit, salary or otherwise received by members of this Union. The intent of this provision is to eliminate any ties between the salary and/or benefits received by members of this bargaining group and those received by members of any other bargaining group in the City. Nothing in this section, however, shall operate to prevent the City from meeting and conferring in good faith with other bargaining units.
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Attachment: IBEW Electric MOU 1.1.25-12.31.27 FINAL (4981 : MOU - IBEW-Electric 2025-2027)
SECTION 7: Management Rights
It is understood and agreed that the City retains all of its powers and authority to direct, manage, and control to the full extent of the law. Included in, but not limited, to those duties and powers are the rights to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the level, means, and kinds of services to be provided; establish its policies, goals, and objectives; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of City operations, build, move, or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue and take action on any matter in the event of an emergency. Emergency is a sudden, generally unexpected, occurrence or occasion requiring immediate action which affects City facilities or equipment or otherwise involves an Act of God or specific governmental order requiring the City to take certain action or refrain from taking certain action. In addition, the City retains the right to hire, assign, evaluate, promote, discipline and terminate employees for just cause.
It is expressly agreed by both parties that the City’s determination to exercise those rights described herein, shall not be subject to the meet and confer process. However, the impact of exercising said rights is subject to the meet and confer process, specifically in regard to contracting out work, transferring work out of the unit and classifying employees.
It shall be the policy of the City that no employee shall be interfered with, intimidated, restrained, coerced, or discriminated against in matters of employment, appointments, promotions, or other actions requiring the application of the merit principle. The City’s actions in exercising the rights described herein shall be based on merit and fitness, free of favoritism and personal and political considerations.
SECTION 8: Labor/Management Committee
The City and Union will create and maintain a Labor/Management Cooperation Committee. The City’s team shall consist of at least one representative each from the City’s Human Resources Department and the Electric Utility Department. The Union shall provide four (4) members to sit on its committee, at least three of which must be employees of the City. The committee shall meet at least every four to six months to discuss issues that concern both m anagement and the Union.
The purpose of this committee is not to resolve meet and confer issues per the MOU.
The Management/Labor Committee will not take the place of the grievance procedure as outlined in this MOU. The purpose of the committee meetings is not to bypass the meet and confer process.
In addition, the Committee will not discuss issues that have a monetary impact ( i.e., non-MOU monetary issues). Any issues that have a financial impact on either side may be resolved using the meet and confer process or the grievance procedure. Additionally, the discussion or handling of any issue by the Committee shall not toll (delay) or extend any of th e deadlines set forth in the grievance procedure, unless there is an express written agreement between the City and Union to toll or extend any such deadline.
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SECTION 9: New Employee Orientation
New employee orientation means an “in person” meeting designated as such and scheduled with representatives of the City of Colton to advise and inform new employees of their employment benefits, responsibilities, City Rules, and other similar related matte rs. Currently, the City performs new employee orientations on the first day of work, typically at the beginning of a pay period (Monday at 8am). However, there may be instances where orientations are held on a different date and/or time following their act ual start date due to business needs. Typically, the orientation process lasts one (1) to two (2) hours.
Notice Requirements
The City of Colton will make every effort to provide written notice (by email, letter, or text) to the Union of all new employee orientations, which they represent, at least fifteen (15) calendar days, no less than ten (10) days, prior to the scheduled orientation. The new employee orientation notice provided to the Union shall include the date, time, and location of the orientation. This will allow for proper scheduling to ensure that representative(s) from the Union are available to meet with the employee prior to or following the orientation session. If the Union or its representative are not available on the day or time the City has scheduled its orientation, the City will allow the Union to meet with the new employee within a week of hire.
International Brotherhood of Electrical Workers, Local 47 will be provided the opportunity to have up to two (2) representatives to meet with the new employee for up to 45 minutes of uninterrupted private time prior to or following of the new employee orientation. The Union may provide written materials, including a packet of information, to the new employee(s). The Union agrees in its portion of the orientation not to engage in speech that could cause substantial disruption or material interference with City business and activities and to comply with all City policies and procedures.
Union’s presentation will be conducted during the paid City time as a regular part of the new employee orientation. One (1) of the two (2) Union representatives will be the Business Representative and the other may be a bargaining unit member (City employe e). Approval from the Department Director shall be authorized prior to a bargaining unit member attending the new employee orientation. At no time shall the bargaining unit member (acting as a Union representative) meeting with the new employee result in a ny overtime or additional costs to the City. The Union will provide the Human Resources Director, at least 4 working days in advance notice, of the name(s) of the bargaining unit member(s) who they wish to attend the orientation. If orientation is to be done at a date/time different than the scheduled orientation, it shall require approval by the Department four days ahead of said scheduled time so as not to disrupt City operations pursuant to the succeeding paragraph.
During the new employee orientation, the City shall make every effort to provide a written statement, obtained from the Union, to each new employee hired into a position/classification represented by International Brotherhood of Electrical Workers, Local 47 bargaining unit, that the employee’s position is represented by the Union. To properly identify current steward(s), the Union will provide a roster of steward(s) to the City prior to such orientation.
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Attachment: IBEW Electric MOU 1.1.25-12.31.27 FINAL (4981 : MOU - IBEW-Electric 2025-2027)
Reporting Requirements:
Within 30 days of hire or by the first pay period of the month following hire, the City of Colton shall provide International Brotherhood of Electrical Workers, Local 47 with the name, job title, department, work location, work, home and personal cellular telephone numbers, personal email addresses on file with the employer, as well as home address of all newly hired employees. While AB119 requires that the City of Colton provide the Union with this information for all employees in the bargaining unit at least every 120 days, Local 47 agrees to receive this information four (4) times a year (every 90 days) on March, June, September, and December (or the next business day) except as specified.
Employees who choose not to have their personal information (home address, home telephone number, personal cellular number, or personal email address) released to the Union can sign a Waiver of Informational Release form.
ARTICLE II – COMPENSATION
SECTION 1: Salary
Salary
All employees in the above -represented classifications shall receive a base salary as set forth in the Pay and Classification Plan for the City of Colton.
Effective January 1, 2025 employees shall receive the following salary increases per each classification:
Consumer Service Field Rep. I - 2.44%
Consumer Service Field Rep. II - 7.01%
Senior Consumer Service Field Rep - 7.01%
Engineering GIS Technician - 6.80%
Maintenance Electrician - 6.06%
Senior Electric Utility Inspector - 5.00%
Power Line Technician Apprentice - 21.00%
Power Line Technician - 21.00%
Service Crew Supervisor - 21.00%
Line Crew Supervisor - 21.00%
Electric Field Operations Foreman - 25.00%
Substation Electrician Apprentice - 12.00%
Substation Electrician - 12.00%
Senior Substation Electrician - 12.00%
Substation Operations Supervisor - 12.00%
Effective January 1, 2026, employees shall receive a four percent (4%) across the board salary increase.
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Attachment: IBEW Electric MOU 1.1.25-12.31.27 FINAL (4981 : MOU - IBEW-Electric 2025-2027)
Effective January 1, 2027, employees shall receive a four percent (4% ) across the board salary increase.
Classification Benchmark
In addition, the City and Union agree to use a benchmarking philosophy when conducting the salary survey. Benchmarking has been established for the following positions:
Consumer Service Field Representative II 10% below Senior Consumer Service Field Rep.
Line Crew Supervisor 15% above Power Line Technician Power Line Helper 45% below Power Line Technician
Power Line Technician Apprentice 15% below Power Line Technician Substation Electrician 10% below Senior Substation Electrician Service Crew Supervisor 10% above Power Line Technician
The City and Union shall meet and mutually agree to agencies to be used in any future total compensation salary surveys. Agencies to be considered for surveys shall include Anaheim, Azusa, Banning, Riverside, and Southern California Edison.
Retention Bonus Program
The City proposes a Retention Bonus Program to include:
• On December 31, 202 5 the positions of Electric Field Operations Foreman, Line Crew Supervisor, Service Crew Supervisor, Power Line Technician , Substation Operations Supervisor, Senior Substation Electrician, and Substation Electrician received a retention bonus of $2,500, in a separate check . To be eligible for bonus, employees must be employed by the City in the aforementioned classification(s) for one (1) consecutive year by due date.
• On December 31, 202 6 the positions of Electric Field Operations Foreman, Line Crew Supervisor, Service Crew Supervisor, Power Line Technician , Substation Operations Supervisor, Senior Substation Electrician, and Substation Electrician received a retention bonus of $5,000, in a separate check. To be eligible for bonus, employees must be employed by the City in the aforementioned classification(s) for one (1) consecutive year by due date. • Apprentice Completion Bonus : Within the terms of this contract; when an apprentice completes their apprenticeship they shall receive a $5,000 retention bonus, in a separate check, upon signing a contract committing them to work for the City of Colton for an additional two (2) years, otherwise the bonus dollar amount will be required to be paid back to the city by the employee per their last check, any accrued leave eligible for payout and any other means. The language for the Apprentice Completion Bonus is as follows:
o Once a Power Line Technician Apprentice has successfully completed their apprenticeship program including the Journeyman Test and is appointed to the Power Line Technician position at Step E, will be considered complete. Once the employee is appointed, the y have the voluntary option of signing the Apprentice Completion Retention Bonus under the terms and conditions of the agreement. o Once a Substation Electrician Apprentice has successfully completed their apprenticeship program and is appointed to the Substation Electrician position at Step E, will be considered complete. Once the employee is appointed, they have the
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Attachment: IBEW Electric MOU 1.1.25-12.31.27 FINAL (4981 : MOU - IBEW-Electric 2025-2027)
voluntary option of signing the Apprentice Completion Retention Bonus under the terms and conditions of the agreement.
o If within two years from the payment of the Apprenticeship Retention Bonus (“Retention Bonus”) to Employee completing their Electric Apprenticeship with the City of Colton, an Employee leaves City employment or is terminated from employment for cause, the Employee agrees to repay the full amount of the Retention Bonus. Employee agrees that any repayment due under Article II Compensation; Section 1 Salary; Retention Bonus Program of the MOU between IBEW Electric and City of Colton, shall be repaid by any remaining accrued leave funds owed Employee upon separation. In the event that there is a remaining balance after accrued leave funds owed to the Employee have been exhausted, any balance remaining shall be paid by the Employee no later than the fifth (5) business day following Employee’s separation, and that any outstanding balance on such repayment obligation is delinquent and immediately collectable on the sixth (6) day following Employee’s separation. The repayment of such Retention Bonus shall not affect the validity or enforcement of any agreements between the City and Employee. Employees who qualify for this Retention Bonus shall retain the option to opt out (not to accept) of said Retention Bonus at the completion of Employee Apprenticeship.
Promotion
Employees in the journey level classification who promote to a supervisory level position represented by Union shall go to step D or a minimum of 5% , whichever is greater. Upon successfully passing probation, Employee will receive the top step pay.
All employees shall receive a base salary as set forth in the Pay and Classification Plan for the City of Colton.
Newly Hired Employees
Applicants hired by the City as journey -level workers who demonstrate they have satisfactorily completed a recognized apprenticeship program for the position for which they are to be hired shall start at Step D of the salary range, and upon six months sati sfactory performance, shall advance to Step E.
Newly Hired Apprentice Employees
Employees hired as Power Line Technician Apprentices under the program adopted by the City Council in 1975 shall be hired at Step A. They shall be eligible to advance to Steps B, C, D, and E following 6 months of satisfactory service at the preceding step upon the recommendation of the Department Head and approval by the City Manager. In like manner, such apprentice may be appointed as a Power Line Technician following 6 months at Step E of Apprentice. Such appointment shall be at Step D, and, upon six mon ths satisfactory performance, shall advance to Step E.
Substation Apprentices
Employees hired as Substation Electricians under the apprentice program shall be hired at Step A.
They shall be eligible to advance to Steps B, C, D and E following 6 months of satisfactory service at the preceding step upon recommendation of the Department Head and approval by the City
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Attachment: IBEW Electric MOU 1.1.25-12.31.27 FINAL (4981 : MOU - IBEW-Electric 2025-2027)
Manager. Apprentices successfully completing the entire program will be appointed as a Substation Electrician at Step D. After 6 months of satisfactory performance they will be moved to Step E. After 18 months at Step E the Substation Electrician will be p laced at Step D of the Senior Substation Electrician position.
Rubber Gloving Differential Pay
Effective January 1, 2019, e mployees will be eligible for differential pay for completing Rubber Gloving training after initiation of a rubber gloving training program by the Electric Utility Director. The following classifications shall receive a six percent ( 6%) differential to their base pay:
▪ Electric Field Operations Foreman
▪ Line Crew Supervisor
▪ Service Crew Supervisor
▪ Power Line Technician
▪ Power Line Technician Apprentice (Step E)
The City shall provide rubber glove training to all apprentice line technicians, journeymen line technicians, Line Crew Supervisors , Service Crew Supervisors , and Electric Field Operations Foreman. Upon successfully completing the training and being certified by the Electric Field Operations Foreman, the employee shall receive a six percent (6%) rubber gloving differential to their base pay. The rubber gloving differential shall not count towards establishing any benchmarked position pay. Only full time regular employees are eligible for High Voltage Rubber Gloving Assignment Pay.
Employees will continue to receive High Voltage Rubber Gloving Assignment Pay as long as they maintain certification in accordance with Electric Department operating policies and procedures.
Employees who do not maintain certification shall no longer receive the Assignment Pay.
SECTION 2: Performance Evaluations
The City realizes the importance of performance evaluations. The Human Resources Department and Electric Utility Department will work together to ensure a timely delivery of the employee’s performance evaluation.
Power Line Technician Apprentice
Employees hired as a Power Line Technician Apprentice will have a minimum probationary period of three (3) years. As part of the Apprenticeship Program General Rules and Conditions, each employee signs at the time of hire they are subject to a three-year training program, and as such is an at-will employee. If the employee has not satisfactorily completed one or more phases of their training program, the employees’ probationary perio d may be extended. The employee can be rejected from probation without cause and without right of appeal as part of the City’s Personnel Rules and Regulations Rule IX Section 3. Once the employee has successfully completed their apprenticeship program and is appointed to Power Line Technician Step E, they will be considered a Permanent Full Time Employee.
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Attachment: IBEW Electric MOU 1.1.25-12.31.27 FINAL (4981 : MOU - IBEW-Electric 2025-2027)
Substation Electrician Apprentice
Employees hired as a Substation Electrician Apprentice will have a minimum probationary period of three (3) years. As part of the Substation Electrician Apprentice Program, each employee signs at the time of hire they are subject to a three -year training program, and as such is an at -will employee. If the employee has not satisfactorily completed one or more phases of their training program, the employees’ probationary period may be extended. The employee can be rejected from probation without cause and without right of appeal as part of the City’s Personnel Rules and Regulations Rule IX Section 3. Once the employee has successfully completed their apprenticeship program and is appointed to Substation Electrician Step E, they will be considered a Permanent Full Time Employee.
SECTION 3: Overtime
Overtime Pay
All employees required to perform in excess of 40 h ours in a seven -day cycle shall receive compensation at the rate of double time at their regular rate of pay.
In determining an employee’s eligibility for overtime regular rate, paid leaves of absences shall be included in the total hours worked.
There shall be no pyramiding of overtime or other premiums. Hours worked by an employee on any workday or workweek in which premium rates have once been allowed shall not be used again in any other overtime calculation other than computing total actual hours worked.
Overtime shall be recorded and paid in minimum increments of 15 minutes.
Planned overtime shall be divided as equitably as possible among available and qualified personnel and within each classification. Management reserves the right to make the final determination in all overtime scheduling.
The City agrees to provide a minimum of two (2) hours work time for each employee if they physically report for scheduled or planned overtime and that overtime is thereafter canceled for any reason.
Planned Overtime
Employees will receive two (2) hours minimum overtime pay upon reporting to the jobsite.
Call-out and planned overtime procedure (Evergreen List) is attached as Exhibit A.
Overtime Authorization
All overtime requests must have the authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Calls for service beyond the end of duty time are considered as authorized. An employee’s failure to obtain prior approval may result in the denial of the overtime request.
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Attachment: IBEW Electric MOU 1.1.25-12.31.27 FINAL (4981 : MOU - IBEW-Electric 2025-2027)
Compensatory Time
In lieu of receiving overtime pay pursuant to Section 2 Overtime in the MOU, an employee may elect to receive compensatory time at the rate of two (2) times the actual hours worked, including travel time from and to the employee’s residence, but not to exceed the lesser of actual travel time, or 60 minutes each way. No employee shall accrue more than 60 hours of such compensatory time.
Compensatory time shall be taken in increments of one (1) hour or more. Should any employee exceed 60 hours of accrued compensatory time, they shall be paid for all overtime hours worked at the applicable overtime rate.
An employee may use such compensatory time off within a reasonable period after making the request, if the use of compensatory time does not unduly disrupt the operations of the department.
Call Back Pay
Call back duty occurs when an employee is ordered to return to duty on a non-regularly scheduled work shift. Call back does not occur when an employee is held over from their prior shift or is working prior to his/her regularly scheduled shift on a preplanned basis. Actual time shall be calculated from the time an employee receives a call back until the time an employee returns to their residence, but not to exceed the lesser of actual travel time or 60 minutes each way. The City agrees to provide a minim um of two (2) hours work time for each employee if they physically report for work when called back.
Standby Pay
An employee on standby will be issued a city cell phone where they may be reached while on standby. An employee shall respond from such phone number within 60 minutes.
Standby pay shall be earned from Thursday at the end of the working day, for a period not to exceed seven (7) days unless extended by holiday. The City shall pay an employee on standby 10 hours straight time of compensatory time. When a City recognized holiday falls during the standby week, the employee shall earn an additional 10 hours straight time of compensatory time per holiday. Such compensatory time shall be used according to Section 2: Compensatory Time.
Effective January 1, 2019, the employees in the Consumer Service Field Representative I/II classification assigned to be on standby, shall be paid five (5) hours straight time of compensatory time per week.
Rest Period
A. An employee who works sixteen (16) consecutive hours shall earn a ten (10) hour rest period.
B. A rest period of ten (10) consecutive hours or more shall be considered an interruption of consecutive hours worked.
C. Rest periods of less than ten (10) consecutive hours shall be counted as time worked but not paid.
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D. Employees shall be compensated at their regular rate of pay for all regularly scheduled work time that falls while that employee is off on their earned rest period.
E. Employees directed to return to work while on a rest period shall be compensated at the double time rate of pay for all time worked until a ten hour rest period is completed. Such overtime pay shall be in lieu of, and not in addition to, pay received under the provisions listed above.
F. Time paid for meals not taken shall not count towards earning a rest period. A paid mealtime taken shall count towards earning a rest period.
G. When the rest period extends into a regularly scheduled work day the employee may elect to use vacation time, compensatory time, and floating holiday time, or leave without pay for the remainder of the workday.
H. For the purpose of the rest period eligibility, Sundays and holidays will be treated as a normal work day.
Effective the term of this agreement, January 1, 2025, the parties agree that either party may reopen negotiations during the term of this MOU to consider the impact of the Overtime - Rest Period.
This reopener is limited to the impact of the rest period and calculation of time worked and nothing else. The parties agree that neither side will be required to negotiate on any other topic, including but not limited to, compensation and benefits.
SECTION 4: Training Time
Training time outside normally scheduled work hours shall be compensated pursuant to Code of Federal Regulations (CFR), Section 785.27, et seq.
Travel time outside normally scheduled work hours shall be compensated pursuant to CFR Section 785.33, et seq. When feasible, the Department will adjust the employee’s work schedule to minimize the impact of travel and training time.
SECTION 5: City Vehicle Use
Employees provided with a City vehicle to travel to and from their regular work site shall not be compensated in any manner whatsoever for such travel time in the City vehicle, with the exception of standby personnel when responding to a call back.
No employee other than those on authorized standby duty will be allowed to take a City vehicle home if the distance is greater than 15 miles one way. Such restriction shall not change the City’s policy of guaranteeing rideshare employees a ride home.
City vehicles are an extension of City buildings. There is no smoking allowed in City buildings, or in City-owned vehicles. The employee is also required to wear a seat belt when driving and/or riding in City-owned vehicles, and follow all laws of the road.
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Attachment: IBEW Electric MOU 1.1.25-12.31.27 FINAL (4981 : MOU - IBEW-Electric 2025-2027)
SECTION 6: Acting Pay
Any employee assigned to work in a higher classification for a period of 39 consecutive work hours or more, shall receive compensation from the first hour at 5% above the employee’s current pay range, or Step “A” of the acting positions pay range; whichever is greater; except that in no case will an employee be compensated at higher than “E” Step of the acting salary range.
Compensation, as defined by CalPERS, wi ll be reported accordingly. Regularly, scheduled holidays shall be counted as "work hours" for the purpose of qualifying for acting pay only. All other leave hours shall not count as "work hours" for the purpose of qualifying for acting pay.
Administrative Policy 4.05.170 shall be followed with only the prescribed pay increase and no increase in benefits provided to an employee in acting pay status. Duration of assignment shall not exceed six (6) months. This may be extended for an additional six (6) month period upon mutual agreement between the employee and City, and only due to extenuating circumstances.
Employees in a probationary status shall not be eligible to be assigned to acting assignments.
The City agrees that represented employees working out of class shall be properly trained prior to out-of-class assignment. Employment in a probationary status will not be assigned to perform higher-level duties or serve in an “acting” capacity.
Acting appointments shall be made based on the needs of the City. Appointees shall meet the minimum qualifications for the position whenever possible. Eligible employees' experience and job knowledge shall be given major consideration before an appointment is made. Employees working out-of-class in a position outside of the Electric Unit MOU, may only be made by the Department Head or designee and; when the higher level position is vacant, or due to vacations.
This provision shall not apply in cases of emergency, nor to use as a reclassification or promotion.
SECTION 7: Temporary Upgrade Pay
An employee assigned by the Department Head, Supervisor, or Foreman to work in a temporary assignment in a higher classification within the Electric Department for a period of one consecutive hour or more shall receive temporary upgrade pay. Temporary Upgrade assignments shall be made in each absence of one or more hours of the higher classification(s). The Department Head or designee shall determine which employee will be offered this assignment.
Temporary Upgrade pay shall be effective retroactive to the first hour. The pay shall equal 5% of the employee’s base salary only, no change in fringe benefits. The City agrees that represented employees working in a temporary assignment shall be properly trained prior to temporary upgrade assignment. The department and supervisor will use the hour’s type code on an employee's timesheet to reflect the number of hours the employee worked in the temporary upgrade assignment.
This provision is not meant to use as a reclassification or promotion action.
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Attachment: IBEW Electric MOU 1.1.25-12.31.27 FINAL (4981 : MOU - IBEW-Electric 2025-2027)
SECTION 8: Reclassification Language
The City agrees to “meet and consult” with the Union on any proposed reclassification in the Union prior to submission to the City Manager.
SECTION 9: Bilingual Pay
The City agrees to pay $40 for the first two pay periods of the month, for a total of $80 per month, to employees who must perform bilingual translation as part of their job function and regular duties, and who successfully complete a bilingual examination and who have been recommended by the Department Head and approved by the City Manager.
When the skill is no longer needed or the employee is not required to use it or ceases to possess it, the Department Head shall terminate the bilingual compensation by written notice to the Human Resources Director. The Human Resources Director may also terminate the bilingual compensation if they make a like determination, and shall notify the Department Head. In either case, the Department Head shall notify the employee. The bilingual pay is tied to the classification rather than the individual employee and will terminate if the employee moves to a new classification.
SECTION 10: Social Security
In the event the City and its employees are required to participate in the Federal Social Security program, the contribution designated by law to be the responsibility of the employee shall be paid in full by the employee and the City shall not be obligated to pay or “pick up” any portion thereof.
Nothing herein shall prevent the Union from requesting the City to meet and confer on the possible “pick up” of the employees’ contribution. Upon such request by the Union, the City agrees to meet and confer with the Union.
SECTION 11: Medicare
Employees hired by the City on or after April 1, 1986, shall be required to pay the designated employee contribution to participate in the Medicare Program and the City shall be under no obligation to pay or “pick up” any such contributions.
ARTICLE III – FRINGE BENEFITS
SECTION 1: Health Insurance
The City shall contribute an amount equal to the cost of the second highest HMO “Family” (Employee and 2+ dependent rate) plan coverage under CalPERS, Public Employees’ Medical and Hospital Care Act (PEMHCA), per month per employee for the City provided health insurance coverage. “Family” coverage is that coverage which exists for two adults plus one or more children. Any increases in the City’s flat dollar contribution after the increases provided for herein shall be subject to the meet and confer process. Should such CalPERS, Public Employees’ Medical
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Attachment: IBEW Electric MOU 1.1.25-12.31.27 FINAL (4981 : MOU - IBEW-Electric 2025-2027)
and Hospital Care Act (PEMHCA) coverage cease to be available during the term of this MOU, the parties shall meet and confer on an equivalent alternative health plan.
Each employee is required to maintain a minimum coverage for themselves in a plan of choice. In those instances where the employee’s medical insurance premium is less than the City’s monthly contribution, the difference between said dollar amounts shall be provided in the form of a bi - monthly cash disbursement.
Should the represented members of Union consider joining the city’s cafeteria plan, the city and Union will meet and confer to discuss this option.
SECTION 2: Retirees’ Health Insurance Participation
Employees who retire City employ after 15 years but less than 20 years of City service shall be eligible for City paid employee (Single rate) only medical insurance coverage until Medicare age with dependent care available at employee’s expense. Members of this unit who retire (service or disability) from the City’s employ, may, at the retiree’s discretion, enroll in the City provided health insurance plan of the employee’s choice. Employees who retire after having served a minimum of 20 years with the City shall have their and their spouses (2-Party rate), premiums paid for by the City up to Medicare age. After the retiree reaches Medicare age, he/she can maintain health insurance with the City, but the retiree must pay his/her, and his/her spouse’s, premiums.
If the retiree is ineligible for Medicare be nefits, the City will continue to pay the premiums, as long as the employee remains insurable. For all other employees, all premiums required by their and their spouses’ participation in such health insur ance plan shall be paid by the employee.
Participation in any health insurance plan is contingent upon the health insurance carrier approving the enrollment of a retired employee or spouse.
The City will provide the retiree’s health insurance benefit through City paid medical insurance, as described above, to retirees who move outside of California and enroll in a City paid health insurance plan. Participation in any health insurance plan is contingent upon the health insurance carrier approving the enrollment of a retired employee or spouse.
Employees hired on or after July 1, 2017
Effective July 1, 2017, all employees hired on or after July 1, 2017, who retire from the City (service or disability) after 15 years but less than 20 years of City service shall be eligible upon retirement, for a maximum of up to $500/mo. contribution toward a City provided health insurance plan of the employee’s choice.
Employees hired on or after December 31, 2023
Any employee hired into this bargaining unit on or after December 31, 2023, shall qualify for a $750.00 monthly premium towards their retiree medical coverage (whether single or plus spouse).
Provided, however, to qualify for this benefit, an employee must remain employed by the City for no less than twenty (20) years cumulatively and, prior to retiring, otherwise become eligible for retiree medical coverage in accord with this Article III, Section 2. The retiree will be responsible for payment of any premi um payments that exceed $750.00 per month. Any current retirees and employees shall not be impacted by nor subject to the establishment of the cap in this provision.
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Attachment: IBEW Electric MOU 1.1.25-12.31.27 FINAL (4981 : MOU - IBEW-Electric 2025-2027)
SECTION 3: Retirement Benefits
Each employee shall pay the full amount of the normal member contribution. Any Unit member that established CalPERS membership prior to the implementation of the Public Employees’ Pension Reform Act of 2013 (PEPRA) in connection with City employment or that otherwise establishes “classic member” status, as defined in Section 579.1 of the California Code of Regulations, shall be subject to one of the following pre -PEPRA retirement formulas determined on the basis of their original date of hire: hired before June 1, 2012 is at 2.7% at 55, hired after June 1, 2012 is at 2.5% at 55. The normal member contribution applicable to members participating in these retirement formulas continues to be 8%. Any Unit member that is considered a “new member” as defined in PEPRA shall be subject to the PEPRA retirement formula for miscellaneous members hired after January 1, 2013 is at 2% at 62. The normal member contribution for “new members” will be determined by CalPERS in accordance with PEPRA.
The City will continue to provide the following benefits, as perm itted by PERS for Classic Members:
A. One year final compensation
B. Military buyback.
SECTION 4: PERS 4th Level Survivor Benefit
The City shall provide CalPERS 4TH Level Survivor benefits to all Unit employees.
SECTION 5: Dental Plan
The City shall provide dental insurance for each represented employee and eligible dependents in accordance with existing City dental plans. Should plans change or cease to be available during the term of this MOU, the parties shall meet and confer on alternate dental plans.
SECTION 6: Optical Plan
Effective January 1, 2019, the amount of optical reimbursement will be calculated at the fiscal year biennial rate of $475 for employees and $325 for dependents. The optical reimbursement will be processed through the HRA (Health Reimbursement Arrangement) Plan. Employee may opt to immediately use the total amount for both the employee and dependent(s). In the event an employee or dependent elects laser eye surgery in lieu of using the optical reimbursement of exams, eye glasses or contact lenses, the employee may either bank unused optical reimbursement funds in anticipation of future surgery, to be paid out upon receipt of invoice for completed surgery, or may elect maximum reimbursement on a biennial basis through reimbursement window period.
If ‘eligible dependents’ are also City employees who are entitled to City vision coverage on their own, the $325 dependent allowance is not applicable.
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Attachment: IBEW Electric MOU 1.1.25-12.31.27 FINAL (4981 : MOU - IBEW-Electric 2025-2027)
SECTION 7: Term Life Insurance
The City shall provide a total of $75,000 term life insurance for each represented employee effective January 1, 2009. Employees may purchase employee supplemental or dependent life insurance coverage in accordance with the terms made available by the City’s insurance provider.
Said additional coverage shall be at the employee’s sole expense and shall be paid through authorized payroll deduction.
SECTION 8: Short Term and Long Term Disability
Short Term Disability
The City shall provide to each represented employee a short -term disability program with an eligibility period of 30 continuous days. The terms of the plan shall be more fully set forth in the plan documents; however, it shall provide for up to six (6) mon ths of coverage at 66 2/3% of the first $2,425 of the employee’s weekly pre-disability earnings, reduced by any deductible income.
The elimination period is defined as the first 30 calendar days of each period of total disability.
The employee may choose to supplement the disability allowance with accumulated paid leave up to a maximum of 100% of base salary including the disability allowance.
Long Term Disability
The City shall provide to each represented employee a long-term disability. The terms of the plan shall be more fully set forth in the plan documents; however, it shall provide coverage up to 66 2/3% of the first $ 15,750 of the employee’s monthly pre-disability earnings , reduced by any deductible income. The elimination period is defined as the first 180 calendar days of each period of total disability. The employee may choose to supplement the disability allowance with accumulated paid leave up to a maximum of 100% of base salary including the disability allowance.
SECTION 9: Tuition Reimbursement
The City agrees to reimburse employees up to $2,500 per employee, per fiscal year, so long as funds are available, for tuition costs incurred for job -related education. Such expenditure must enhance furtherance of City or continuing educational goals. Re quests for such reimbursement must be submitted upon successful completion of the course(s) and must be approved by the Department Head and City Manager. Employee -initiated educational or area development shall not be considered as time actually worked for purposes of computing overtime and normally shall not occur during regular work hours.
SECTION 10: Uniforms
The City agrees to furnish shirts and laundry service for employees working on line or service crews.
Effective July 1, 2019, the City shall provide each eligible member an allowance of Three Hundred Dollars ($300.00) per fiscal year to purchase the required Fire Retardant/Resistant outerwear (the outwear must meet industry standards i.e., NFPA). Allowance will be issued in a separate check.
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Substation field personnel who are required to work on or around exposed energized conductors of 50 volts or above shall be required to wear all cotton uniforms. Substation field personnel shall have a choice of either the City furnished shirts and laundry service or three shirts and three pants which the employee shall launder. Substation field personnel who select the option of the laundered shirts shall provide their own pants, which shall be presentable and navy blue in color.
Uniforms shall be replaced during the year for damage occurring in the line of duty, with the approval of the Department Head. Uniforms will be worn at all times while on duty and will not be worn while off duty.
Supervisors of field personnel may authorize them to wear City provided shirts; six (6) new T - shirts shall be issued each July.
Employees will not wear City uniforms after working hours unless on authorized after hours work.
The value of uniform allowance shall be reported to CalPERS as pensionable compensation on behalf of all eligible employees at $19.23 per pay period in accordance with applicable PERS requirements and pursuant to the Public Employees’ Pension Reform Act (PEPRA).
SECTION 11: Boot/Shoe Allowance
Effective January 1, 2019, the City shall provide each eligible member a boot allowance of three hundred twenty five dollars ($325 .00) per fiscal year to purchase the required “safety” or “steel toed” boots. Said allowance will be provided as a separate check on the last pay period in June (or by fiscal year end). The employee must be on paid status to receive the $325 allowance.
SECTION 12: Class “A” Driver’s License
The City agrees to pay for the cost of a Class “A” California Driver’s License for all permanent employees who are required to have one.
ARTICLE IV – LEAVES
SECTION 1: Vacation
Accrual
During Periods of
Continuous Service
Hours of Accrual Per
Month of Service
Annual
Accrual
Maximum Accrual
Accumulation
0 Months - 5 Years 6 2/3 80 160
6-10 Years 10 120 240
11 Years 10 2/3 128 256
12 Years 11 1/3 136 272
13 Years 12 144 288
14 Years 12 2/3 152 304
15+ Years 13 1/3 160 320
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Accruals shall be on a monthly basis in accordance with the above chart. Vacation accrual may be accumulated to not more than the appropriate maximum accumulation, except upon the written request of the affected employee and approval of the City Manager. In this event, an employee may be permitted to exceed the maximum accumulation by an amount not in excess of the accrual for a four-month period.
Previous City employment periods, during which vacation was accrued, may be considered as continuous service for the purpose of computing vacation rate, upon the written request of the appointing authority and approval of the City Manager.
Use
It is the intent that vacation time be used in time increments sufficiently long enough to permit the employee an adequate period of rest. The use of vacation time in less than weekly increments is to be discouraged. Vacation time shall be taken in increm ents of one (1) hour or more. The Department Head may approve applications for vacation that exceed the number of accrued whole days up to the number of days that will be accrued up to and during the vacation and any compensatory time taken in conjunction with the vacation time. The City Manager may authorize an eligible employee to incur a negative vacation balance of up to five (5) days. Vacation shall not be taken during the first six months of service.
In the event one or more City holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave. No person shall be permitted to work for compensation for the City during his/her vacation, except with prior approval of the City Manager.
Vacation Cash-out
On a fiscal year basis, employees may cash out up to 40 hours of accrued vacation provided the employee has used a minimum of 40 hours in the previous fiscal year. Employees must submit the form to Human Resources for review and approval by the Human Resources Director.
Accumulated Time At Termination Of Employment
Employees will be cashed out all available, and unused vacation leave they have in their banks at the time of termination.
SECTION 2: Holidays
Each unit member shall receive the following 10-hour holidays:
New Year’s Day
Martin Luther King’s Birthday
President’s Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran’s Day (To be observed as the second Monday in November) Thanksgiving Day
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Christmas Eve
Christmas Day
New Year’s Eve
20 Floating Holiday Hours accrued each fiscal year
When one of the above holidays falls on Friday, the preceding Thursday shall be treated as a paid holiday. When one of the above holidays falls on Saturday, 10 hours shall be added to the employees’ floating holiday bank. When one of the above holidays falls on Sunday, the following Monday shall be treated as a paid holiday.
If Christmas Eve, New Year’s Eve, Christmas Day or New Year’s Day fall on a regularly scheduled day off, 10 hours shall be added to the floating holiday bank.
Floating Holiday hours not used by the end of the fiscal year shall be cashed out and paid in the last pay period in June. The cash value shall be computed as the hourly equivalent of the employee’s base salary at the time of cash-out.
SECTION 3: Sick Leave
Sick leave shall be used in cases of actual sickness or disability when the employee is unable to perform their normal work assignment or as otherwise allowed in this section.
Sick Leave Usage
In order to receive compensation while absent from duty on sick leave, the employee must notify or cause to be notified, their immediate supervisor prior to the time set for the beginning of the employee's regular daily duties. Physician's certificate or w ork release form may be requested by the immediate supervisor if a potential sick leave abuse pattern appears to be developing. In this situation, the City may ask for a physician’s certificate for sick leave absences of any duration.
Employees may use the ir accumulated sick leave for absence due to the following specified reasons:
• Illness or injury to the employee;
• A family member for preventive care or care of an existing health condition; • Exposure of the employee to a contagious disease.
• For specified purposes if they are a victim of domestic violence, sexual assault or stalking. • To maintain a full paycheck while the employee is receiving Workers’ Compensation benefits.
• Other reasons as approved by the City Manager or designee.
Family members include the employee's parent (adoptive, biological, foster, stepparent, or legal guardian), child (adopted, biological, stepchild, legal ward, or child to whom employee stands in loco parentis), spouse, registered domestic partner, grandparent, grandchild, and sibling.
Preventive care would include but are not limited to annual physicals or flu shots.
When absent for more than three (3) consecutively scheduled workdays, the employee may file a physician's certificate or work release indicating the employee was unable to perform their duties
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during their absence. Failure to file the necessary documents within two (2) days following the return to work will be cause for such absence to be charged as leave without pay. Physician's certificate or work release form may be requested by the immediate supervisor if a potential sick leave abuse pattern appears to be developing. On a case -by-case basis, if an employee called out sick, and does not have enough accrual leave time in their sick leave bank, they will not be charged to any other accrual bank and be without pay. This does not apply to an employee on protective leave (i.e. workers’ comp, FMLA/CFRA, etc.).
Accrual
Sick leave shall be accrued at the rate of eight (8) hours for each calendar month of service. Unused sick leave shall be accumulated at the rate of 96 hours a year. There shall be no limit on the amount that can be accumulated.
Balance
Employees shall maintain a sick leave balance of 50% (48 hours) of accrued sick leave unless a verified long-term illness or a medical practitioner’s certification is provided.
Employees with less than 50% accrued sick leave on the books may be required to provide medical certification for sick leave use until the sick leave balance exceeds 50%. Management will make a determination of this requirement on a case-by-case basis.
Industrial accidents or injuries are exempted from the requirements. Sick leave used to supplement workers’ compensation or STD/LTD benefits will not be counted against employee sick leave for disciplinary reasons.
Family Attendance
Employees shall have the option of using sick leave for attendance on family members, or the employee may elect to take leave without pay for attendance on family members. Family members include employee’s father, father -in-law, mother, mother -in-law, brother, sister, wife, husband, child, grandparent, grandchild, stepchildren, stepparent or domestic partner.
Rights of Victims of Domestic Violence
Employees are eligible to take time off and use their accrued sick leave if they are a victim of domestic violence, sexual assault, stalking, a crime that caused physical injury or mental injury, or a crime involving threat of physical injury; or are someo ne whose immediate family member is deceased as a direct result of a crime; to obtain relief from a court, including obtaining a restraining order, to protect you and your children’s health, safety or welfare. In general, employees do not have to give empl oyer proof to use leave for these reasons. However, employees should tell the City before taking time off. In some instances, the City may request proof, and in those instances employees will not be disciplined if explaining the reason for your absence wit hin a reasonable time. Proof can be a police report, a court order, a document from a licensed medical professional, a victim advocate, a licensed health care provider, or counselor showing that you were undergoing treatment for domestic violence related t rauma, or a written statement signed by you, or an individual acting on your behalf, certifying that the absence is for an authorized purpose.
Employees are encouraged to speak with Human Resources staff if or when the need arises. HR Staff will provide discretion and confidentiality to employees that need help.
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Sick Leave Sell Back
The City agrees to sell back 40 hours per fiscal year of sick leave at 120% of the regular rate of pay. Employees must have used less than 51 hours of accrued sick leave during that fiscal year to be eligible for this sell back. Employees must have a minimum balance of 48 hours of sick leave as of the last payday in June to be eligible for this benefit. Employees can exercise the sell back option any time during the fiscal year once they have met eligibility standards.
Accumulated Sick Leave At Termination Of Employee
Except, as set forth below* , all accrued sick leave is lost when the employee is terminated , or otherwise separates from employment. In no event shall employees who have not worked for the City as regular full time employees for more than five (5) continuous years be entitled to use sick leave to defer termination of their employment by the City, nor shall they be compensated for sick leave upon such termination for any reason including but not limited to retirement.
*Notwithstanding the above, bargaining unit members with more than five (5) years of City employment who apply for and receive either a service or disability retirement or who separate or are terminated for any reason other than a “for cause” termination shall be compensated for his/her accumulated, unused sick leave by payment in a lump sum. That sum is determined by the following formula:
The number of hours of sick leave accrued, multiplied by gross hourly earnings at the time of termination, multiplied by a percentage as follows:
If employed more than five years, but less than ten 10% If employed more than ten years, but less than fifteen 25% If employed more than fifteen years 50%
Bargaining unit members terminated “for cause” shall not be entitled to cash out any accumulated, unused sick leave.
Members of the Electrical Unit who retire shall be provided a sum equal to the cash value of 75% of the employee’s accumulated sick leave after 30 cumulative years of service with the City. The cash value shall be computed at the employee’s hourly rate in existence at the time the monies are disbursed.
SECTION 4: Bereavement Leave
Up to 80 hours per fiscal year , 40 hours per occurrence two occurrence each fiscal year, may be taken with pay as bereavement leave in the case of the death of the eligible employee’s father, father-in-law, mother, mother-in-law, brother, brother-in-law, sister, sister-in-law, wife, husband, child, grandchild, grandparent or grandparent of spouse, step-child or step -parent. These hours shall not be eligible to be carried forward beyond the fiscal year. The City reserves the right to require reasonable verification of the need for such leave.
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SECTION 5: Industrial Injury Leave/Insurance Premiums
The City will pay the insurance premiums for employees on leave of absence without pay due to industrial injury. Payment of insurance premiums will include health, dental, life and optical.
SECTION 6: Cash out of Leave Accruals
To the extent authorized by this MOU, members may regularly cash out a certain amount of vacation and sick leave accrual s. All cash outs will be a separate non payroll check. The cash value shall be computed as the hourly equivalent of the employee’s base salary at the time of cash- out.
ARTICLE V – WORKING CONDITIONS
SECTION 1: Shift Change/Work Schedule
Employees shall be given a minimum of four weeks advance notice of a shift change, except in case of emergency. Department Heads shall consider the needs of the service and the employee in making assignments. The City shall not change schedules for the s ole purpose of avoiding overtime.
The City and Union realize the Monday through Thursday work schedule provides better coverage and service than does an alternate work schedule. However, should the City opt to change the Monday through Thursday work schedule, the City and Union shall meet and confer before implementation of such a proposal.
SECTION 2: Emergency Meal Periods
Employees shall earn meals at fixed intervals during periods of call -out overtime, planned overtime, and during an extension of the regular or planned work day.
During call -out or planned overtime, one paid forty -five minute meal period and one meal compensation of $15.00 will be earned for each four (4) consecutive hours of paid overtime completed.
During extension of the regular work day, one paid forty -five minute meal period and one meal compensation of $15.00 will be earned after working a minimum of one and one-half consecutive hours of paid overtime completed; thereafter, meals will be earned a fter completion of each four (4) consecutive hour intervals as described above.
Employees that work one and one -half consecutive hours or more immediately prior to the beginning of a regular or planned overtime shift will earn a forty -five minute meal period and a meal compensation of $15.00.
Employees called back within one and one-half hours after the end of their shift shall earn a forty- five minute paid meal period and a meal compensation of $15.00.
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Paid meal periods will not count as hours worked.
It is recognized that employees may not be able to leave an emergency situation and that the final determination of this fact shall be made by the supervisor in charge of the particular activity. In the event that emergency circumstances prevent employees from leaving to take a meal break for at least six hours, the City shall arrange to have meals brought to the job site and employees may eat as circumstances permit.
Employees shall receive pay for earned meal periods and meal compensation regardless of whether the meal period or meal is actually utilized. All meal periods will be paid at the overtime rate.
The City shall not change schedules for the sole purpose of avoiding overtime.
SECTION 3: Inclement Weather
Whenever management decides not to send employees into the field during normal working hours due to inclement weather, said employees shall not suffer any loss of regular pay. When employees are not assigned to the field under this provision, they may be given other duties, be given training, to be held to respond to emergency calls.
SECTION 4: Nepotism Policy
Refer to the City of Colton Personnel System Rules and Regulations Rule VIII, Section 8.
SECTION 5: Layoff Policy
Definition
A layoff is the involuntary separation or reduction of a regular employee to a position in a lower classification without fault of the employee. Layoff applies only to full-time and regular part-time positions. A layoff occurs only when a position is del eted from the authorized budget or when funds are withdrawn from a previously funded position.
Notification
Whenever the Department Head believes that a layoff will be necessary, he/she shall submit a layoff plan to the City Manager for approval. The layoff plan shall include the anticipated, and job title(s) of employees to be laid off and seniority list, by classification, of all affected employees and the Union shall be provided with a copy of the approved layoff plan at least two weeks prior to its effective date.
Order Of Layoff
A. Layoffs shall be made on the basis of seniority determined by the employee’s hire date of continuous service in a full-time or regular part-time position. In the event of a tie in total time of continuous service in a full-time or regular part-time position between two or more employees, the order of layoff shall be determined by employee number, the higher number being laid off first.
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B. Before any reduction in the work force of full-time or regular part-time employees occurs, all vacant budgeted positions within the classification would be eliminated. Then all temporary part -time, provisional, probationary, contract or other individuals w ithout regular status in the affected classifications shall be terminated.
C. Probationary employees and employees in acting appointments, who have regular status in another classification, shall be returned to their former classification where they will be subject to layoff under provisions applicable to other employees in that classification.
D. If a regular employee to be separated has regular status in a lower classification, reduction in classification (bumping) within the affected department shall be approved. For purposes of bumping, the number of positions filled by the least senior employe es in the affected classification(s) equal to the number of positions being deleted from the classification shall be identified. Additionally, all vacant positions in the affected classification shall be made available to the affected employees. This collective group of positions shall then be subject to the bumping process.
E. Regular employees whose positions have been deleted shall be allowed to exercise their options, based on seniority, to select either a vacant position or to bump into any one of the filled junior positions within their current classification. An employee who elects not to bump into any position within the collective group of vacant and filled junior positions, thereby retaining his/her existing classification, shall be provided the opportunity to select from those options identified in (G) of this exhibit.
F. Reductions in classification shall only be approved when the employee has previously passed probation in the lower classification, and has seniority over identified employees in the lower classification. Reductions in classification shall first be made to the next lower classification in which the employee has regular status. The employee being reduced may only replace a junior employee, or be placed in a vacant position, in the classification identified pursuant to (D) above within the affected departmen t. The junior employee being bumped will be separated or reduced in classification. This procedure shall continue until all reductions in classification and the ultimate separations are completed.
G. If bumping results in an assignment which the employee considers to be undesirable, each employee may request:
1. A voluntary demotion to any vacant position in the City;
2. A lateral transfer to a position in the department they have previously held regular status in and have seniority over the incumbent.
Any of these options require the approval of the City Manager.
Exception To Order Of Layoff
Whenever the best interest of the service requires the retention of an employee with special qualifications, characteristics, and fitness for the work, the Department Head may request that such
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employee be exempted from the bumping procedures. Such employee must have a higher overall rating on his/her most recent performance evaluation than all other employees in his/her classification. Such requests must be in writing and approved by the City Manager. If approved, the Union shall be immediately provided with a copy of the request. If an employee disagrees with the proposed exemption, he/she may appeal the City Manager’s decision to binding arbitration as provided in the grievance procedure.
Employee’s Right While On Layoff
During the first two (2) years following a layoff, laid -off employees shall be assured the right of appointment to a vacant position in the same or equivalent classification to the one in which the employee has previously passed probation. Such employee m ust report for duty within two (2) weeks of notice or forfeit his/her rights to reappointment.
Retraining
The City will make reasonable efforts to provide retraining opportunities to laid -off employees that will qualify them in classifications, not related to their former classification, and will attempt to place said laid-off employees in vacant positions in the City for which they are qualified.
SECTION 5: Modified/Light Duty Policy
Purpose
To provide a uniform and effective return to work policy for a qualified injured worker under the Workers’ Compensation program. To establish a Citywide light duty program for employees whose physical industrial injuries preclude them from returning to the regular duties of their permanent position.
Policy
It is the goal of the City, with the cooperation of all departments and divisions, to locate and assign modified and/or light duty whenever possible to employees who are temporarily disabled from their regular job as a result of on -the-job injury. All suc h work assignments are to be within the limitations defined by the City-approved treating physician.
The following guidelines will be used when it becomes necessary to place an injured employee in the return-to-work program:
A. The City-approved physician shall describe the employee’s limitations in sufficient detail to enable the City to determine if a suitable temporary modified or light duty work assignment exists.
B. The employee’s regular work division shall attempt to locate or design a work assignment within the limitations described by the treating physician.
C. If the usual work division is unable to assign or locate suitable work, other divisions within the department shall be contacted to determine if a suitable work assignment exists.
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D. If no suitable temporary assignment is available within the department, the Human Resources Director shall be contacted to consider alternatives including locating a temporary assignment for the employee in another department. The department to which the employee is regularly assigned will be charged to provide the regular wages.
E. Such temporary light duty assignment shall end upon any of the following occurrences:
1. A determination by the Department Head where the light duty assignment is being performed that the department is no longer able to provide such assignment;
2. Any termination of the employee including retirement, resignation, layoff or dismissal;
3. Release to regular duty by the City-approved physician.
F. Upon release to regular work duties, without restrictions, the employee shall be returned to his/her regular position.
Procedure
Each Department and/or Division Head shall be responsible for implementation of this policy within their unit including instructing their employees. The Risk Manager will inform the treating physician of the City’s policy on modified and/or light duty.
Division Supervisors shall contact the Risk Manager to confirm that the employee has returned to work a modified and/or light duty assignment and so advise the Risk Manager within 24 hours of the injury. The applicable form shall be used for all releases to light duty where such work restriction exceeds one (1) week.
The employee’s regular department or division shall maintain the employee’s time sheet.
If the regular work unit cannot accommodate a modified and/or light duty assignment or locate another division within the department due to the employee’s medical restriction or other difficulties, the Risk Manager shall be notified by phone within twenty-four (24) hours. This shall apply to the initial request for modified and/or light duty as well as during the period following provision of modified work.
The Risk Manager is to be notified in order to explore other modified duty alternatives and to ensure that both the City’s approved physician and the City’s Third-Party Administrator are informed of the employee’s work status.
Exclusion
This program may preclude certain types of industrial illnesses, injuries, and very restrictive physical limitations that are limited by the treating physician. This program also precludes absences covered by the employee’s sick leave provisions.
ARTICLE VI – GRIEVANCE PROCEDURE
SECTION 1: Statement Of Purpose
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The purpose and objectives of the grievance procedure are to:
A. Assure fair and equitable treatment of all employees and to promote harmonious relations among employees and their supervisors.
B. Afford employees a written and simple means of obtaining consideration of their grievance by informal means at a supervisory level and review of the supervisor’s decisions.
C. Resolve grievances as quickly as possible and to correct, if possible, the causes of grievances, thereby reducing the number of grievances and future similar complaints.
SECTION 2: Definitions
A. WORK DAY
A work day unless otherwise stated. A work day is a day on which City Hall is open for business for its full working hours.
B. GRIEVANT
Any person employed full -time by the City in the Electric Unit. The Union may file a grievance on behalf of its members.
C. GRIEVANCE
An alleged violation or non-compliance with the provisions of this MOU, any supplemental MOU, City of Colton’s written or unwritten personnel rules and regulations, and other policies and practices.
D. REPRESENTATIVE
A person who, at the request of the employee or supervisor, is invited to participate in the grievance or conferences.
E. IMMEDIATE SUPERVISOR
The person having evaluation responsibility for the Grievant.
F. CLASS GRIEVANCE
Employees or their representative must submit their grievance in writing. Individual grievances may be treated as a single grievance or as a class at the discretion of the parties.
1. Resolution of a class grievance may not be consistent among all grievant’s in the class grievance due to differences in circumstances or occurrences which brought about the grievance.
2. Any grievant’s unsatisfied with the decision at any procedural step shall retain their individual rights to appeal to the next step in the grievance procedure.
G. ANSWER
The response to the grievance of any of Steps A-F in Article VI, Section 7. All answers to C-F must be written. If an answer does not resolve the grievance to the grievant’ s
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satisfaction, the answer will inform the grievant of the next step in the grievance procedure, and the time deadline for processing.
H. UNION STEWARD
An employee of the City of Colton assigned to a classification in the Electric Unit who is appointed by the Union Business Manager to represent employees at the work location.
Such appointment shall be announced in writing to the Department Head prior to taking effect. Any Union activities of such Steward during working hours shall have prior permission from Department Head.
SECTION 3: Representation
A. Employees may choose a representative at any stage of the grievance procedure.
B. The grievant and designated representative shall receive release time for the purpose of representing the grievant at any step. For purposes of this section, representation includes reasonable preparation and consultation.
C. The only limit on the grievant’s representation is that there may be only one other person from the bargaining unit on paid status. Representation shall not inordinately interfere with the normal course of City business.
Self-Representation
A. In the event a grievant elects to exercise the right to self-representation in a disciplinary matter, and objects to the attendance of a Union Steward and/or Business Representative, such individuals shall be excluded; provided, however, representatives of the Union will have certain rights of access to the records of the grievance proceeding. This right of access is provided in recognition of the Union’s interest in effective representation of its members.
B. Accordingly, the City of Colton shall provide the Union access to:
1. information concerning the nature of the grievance;
2. any procedures utilized during the course of the grievance proceeding;
3. the results of the grievance proceeding, including any discipline imposed.
C. However, in order to recognize the personal privacy interests of employees, the City shall delete from the grievance record:
1. the name of the employee filing the grievance;
2. the employee’s social security number, address, telephone number, and;
3. any other personal information protected under rights of privacy.
SECTION 4: Time Limits
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A. Failure by a grievant to meet a deadline set in this procedure shall terminate the grievance, and the grievant shall not have a right to re-file on the same set of facts, unless good cause is shown for the delay, or if the City waives the deadline.
B. Failure by the City to meet a deadline shall be deemed denial of the grievance and shall entitle the grievant to move to the next step, provided he or she does so in accordance with the time limits in the grievance procedure.
C. Time limits in this procedure may be extended by mutual written agreement between the parties.
D. The employee and representative will be given at least five (5) business days, but not more than ten (10) business days, written notice of any meeting scheduled in accordance with this Grievance Procedure. This provision may be waived by mutual agreement between the parties in writing.
SECTION 5: Withdrawal
Any formal grievance may be withdrawn by the grievant at any time, and must be done in writing.
Withdrawal of a formal grievance will be with prejudice and shall remove the right of the grievant to re-file on the same set of facts. Withdrawal of informal grievances shall be without prejudice.
SECTION 6: Freedom From Reprisal
No grievant shall be subject to coercion, discrimination, reprisal, or disciplinary action for discussing a complaint or grievance with his or her immediate supervisor, or for the good faith filing of a grievance.
SECTION 7: Procedure
Waiver Of Steps
Any step in this procedure may be waived by mutual agreement of the parties.
Informal Resolution
A. Within ten (10) business days after a grievant knew, or by reasonable diligence should have known, of the condition upon which a grievance may be based, the grievant shall attempt to resolve it by an informal conference with the grievant’ s supervisor.
B. Every effort shall be made to resolve a grievance through discussion between the employee or the representative and the employee’s immediate supervisor. It is the spirit and intent of this procedure that all grievances are settled quietly and fairly and w ithout any subsequent discrimination against employees who may seek to adjust a grievance. Every effort shall be made to find an acceptable solution at the lowest level of supervision.
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Formal Resolution
A. If the grievance cannot be resolved informally, the grievant shall submit a formal written grievance to the immediate supervisor on the grievance form (see Exhibit B) in accordance with the time limits described in the informal resolution procedure above.
B. Appeal to Division Head - If the grievance is not resolved between the employee and the immediate supervisor, the employee or the representative may, within ten (10) business days from the date of receiving the written answer from his or her supervisor, request an interview with the division head, if one exists, in order to discuss the grievance. The meeting with the division head will be held within ten (10) business days of the submission of the request for the meeting. The division head will answer within ten (10) business days of meeting with the grievant(s).
C. Appeal to Department Head - If the division head and the employee cannot reach a solution to the grievance, the employee or the representative may, within ten (10) business days from the date of receiving the answer from the division head, request in writing and be granted an interview with the department head. The interview will be scheduled within ten (10) business days of the employee submitting the request. The department head shall render an answer within ten (10) business days of meeting with the grievant.
D. Appeal to City Manager - If the department head and employee are unable to arrive at a satisfactory solution, the employee or the representative may, within ten (10) business days from the date of the decision by the department head, submit a written appeal to the City Manager. The City Manager shall schedule a meeting with the grievant and the representative within ten (10) business days of receiving the appeal. The City Manager shall meet with the grievant and the representative and review the grievance and shall answer within ten (10) business days of discussing the grievance.
E. Appeal of City Manager’s Decision - If the union is not satisfied with the decision of the City Manager, the union, within ten (10) business days from the date of receiving the decision of the City Manager, submit a written request to the City Manager for the grievance to be heard by an arbitrator.
F. Selection of Arbitrator - If the parties are unable to mutually select an arbitrator, the State Mediation and Conciliation Service shall be requested to submit a list of seven persons qualified to act as arbitrators. Within five (5) business days following receipt of the list of arbitrators, the parties shall select an arbitrator. Unless the parties agree to another method of selecting an arbitrator, the parties shall alternately strike one name from the list until one name remains. The right to strike the first name is determined by coin toss.
G. Private Hearing - Grievance arbitration hearings shall be private.
H. Costs and Expenses - Each party shall bear equally the cost of the fees and expenses of the arbitrator and court reporter, if any. Each party shall bear its own witness and attorney fees.
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The arbitrator shall render a decision in writing within thirty (30) calendar days of the close of the hearing or of his/her receipt of closing briefs, whichever is later. The decision of the arbitrator is final and binding and is not subject to any administrative or judicial review except pursuant to the Civil Code Procedure Section 1286.2.
ARTICLE VII – GENERAL PROVISIONS
SECTION 1: Savings Clause
Should any provisions of this MOU be held invalid by a court of competent jurisdiction, then the remaining provisions shall remain in full force and effect.
Except as stated in other portions of this MOU, the City and the Union, for the life of this MOU, each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter referred to or covered in this MOU. However, they may meet by mutual agreemen t or as required by Government Code, Section 3504.5.
SECTION 2: Term Of Agreement
The agreement will last for a three year period beginning January 1, 20 25 and ending midnight December 31, 2027.
SECTION 3: Maintenance of Terms and Conditions of Employment
All other terms and conditions of employment in existence immediately prior to the effective date of this MOU and not altered by this MOU, shall remain the same, unchanged, and in full force and effect unless altered by the mutual agreement of the City and the Union.
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SECTION 4: Council Adoption
If this MOU is acceptable to City Council, the City Council may adopt the MOU by appropriate action at the first scheduled meeting following the signing of this MOU.
FOR THE CITY OF COLTON: FOR IBEW LOCAL 47:
___________________________ _____________________________ Frank J. Navarro, Mayor Colin Lavin, Business Manager City of Colton IBEW Local #47
___________________________ ______________________________ Date John Baca, Assistant Business Manager
IBEW Local #47
______________________________
Abel Aguirre
______________________________
Brad Lindemann
______________________________
Justin Clifton
______________________________
Date
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EXHIBIT A - EVERGREEN LIST
A. The Evergreen List is to be updated and posted on the Monday following the end of each pay period.
B. The Evergreen List is to be used whenever personnel, in addition to the scheduled stand - by person, are needed for overtime work.
C. The scheduled stand-by person will have first option to work any planned overtime. It will be on a voluntary basis, unless they are needed and directed to work. If the stand-by person is not needed and elects not to work, he will be credited on the Evergreen List with the overtime, but not paid.
D. The scheduled stand-by person will be responsible for, and arrange for, coverage when ill, on vacation or for any other circumstances. The division head, or his/her designee, is to be notified of changes effecting one day or more. The regularly scheduled stand -by person will be charged if he/she does not swap, but simply gives his/her call away.
E. If the regularly scheduled stand-by person is not available to arrange for stand-by coverage, i.e., resignation, termination, disciplinary action, emergencies, the Evergreen List will be used to replace him/her. It will be on a voluntary basis, unless there are no volunteers, with those that refuse being charged with the overtime. EXCEPTION: Those persons previously scheduled off with vacation, compensatory time, or floating holiday(s) for any day during that scheduled call, will not be required to accep t or be charged with the overtime.
F. All new employees will be averaged onto the Evergreen List.
G. An employee off work for 30 calendar days or more will be averaged onto the List when he/she returns.
H. The scheduled stand-by person is to use the Trouble Report form to list the personnel called from the Evergreen List, how they responded (yes or no), meals earned and taken, hours worked, and whether an answering machine was reached to leave a message.
I. The scheduled stand -by person is to call ONLY those personnel known to have worked the last regularly scheduled work shift, before attempting to call any other personnel on vacation, compensatory time, floating holiday(s) or sick leave. If there is any question as to whether an employee worked the l ast regularly scheduled shift, that employee is to be called. It will be the responsibility of the employee being called to inform the stand -by person that they did not work the last regularly scheduled shift and that they are not eligible for call-out until all other employees have been tried.
J. If an employee (who did not work the last regular shift) is contacted for overtime work and requests the stand-by person to try to contact someone else, that employee must agree to stand-by in case someone else cannot be contacted and until the stand-by person is able to
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get someone else. Then that person making the request will be credited on the list, but not paid with all the overtime his replacement receives.
K. If an answering machine is reached during the overtime call -outs, a message must be left, stating who is calling and the date and time called. Upon receiving the message, the person being called should attempt to contact either the scheduled stand -by person or the Police Department to ensure the stand-by person has the help needed to repair the emergency.
L. Any disputes arising from interpretation of this procedure shall be referred to the Evergreen Committee and not be subject to appeal through the grievance procedure.
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EXHIBIT B - FORMAL GRIEVANCE PROCEDURE FORM
CITY OF COLTON
Name(s)
Classification(s)
Division/Dept.
Steward/Representative
Date of Incident
Date Grievance Filed
Article, Rule or Policy
Statement of Grievance and Remedy Requested
Signed: Date:
Grievant/Designated Representative
Supervisor’s Response:
Signed: Date:
Supervisor’s Signature
Accepted: Rejected:
Appealed to Division Head:
Grievant’s Response:
Signed: Date:
Grievant/Designated Representative’s Signature
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Division Head’s Response:
Signed: Date:
Division Head’s/Designee’s Signature
Accepted: Rejected:
Appealed to Dept. Head:
Grievant’s Response:
Signed: Date:
Grievant’s/Designated Representative’s Signature
Department Head’s Response:
Signed: Date:
Department Head’s/Designee’s Signature
Accepted: Rejected
Appealed to City Manager:
Grievant’s Response
Signed: Date:
Grievant’s/Designated Representative’s Signature
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City Manager’s Response:
Signed: Date:
City Manager’s/Designee’s Signature
Accepted: Rejected
Appealed to Grievance Panel (Arbitration)*
Signed: Date:
Grievant’s Signature
Signed: Date:
Authorized Representative’s Signature
*Grievance Panel (arbitration) may only be authorized by Union Staff.
IF ADDITIONAL SPACE IS NEEDED, PLEASE ATTACH SEPARATE SHEET(S).
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RESOLUTION NO. R-49-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
ADOPTING CHANGES TO THE TERMS AND CONDITIONS OF
EMPLOYMENT OF EMPLOYEES IN THE EMPLOYEE’S BARGAINING
UNIT REPRESENTED BY THE INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 47 – ELECTRIC DIVISION
WHEREAS, the City of Colton (“City”) has met and conferred in good faith and fully communicated and exchanged information concerning working condit ions, wages , and benefits with the International Brotherhood of Electrical Workers (IBEW), Electric Division; and WHEREAS, the appointed representatives of the parties agreed on some issues as stated in the attached staff report and MOUs and recommend that t he city and the bargaining unit implement this agreement; and
WHEREAS, the City Council approves the Memo randum of Understanding for the contract period of the IBEW Local 47 Electric - January 1, 2025 through December 31, 2027; and WHEREAS, the City Council authorizes the budget appropriation of $ 503,657 from the Electric fund reserves to the appropriate line items of the current 2024 – 2025 City of Colton fiscal year budget in order to cover these costs; and
WHEREAS, the City Council authorizes the budget appropriation of $ 1,146,205 from the Electric fund reserves to the appropriate line items of the current 2025 – 2026 City of Colton fiscal year budget in order to cover these costs; and
WHEREAS, the City Manager is authorized to execute the implementation of these MOUs on the city’s behalf; and
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- 2 -
WHEREAS, this resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Colton does hereby resolve as follows:
SECTION 1: A dopt changes to the terms and conditions of employment for the International Brotherhood of Electrical Workers (IBEW), Local 47 Electric Division.
SECTION 2: The City Council authorizes an increase in appropriations from the Electric Fund Reserves to account number 520-8000-8004-1010 for changes to the IBEW Electric MOU; PASSED, APPROVED AND ADOPTED this 17th day of June 2025:
City of Colton
FRANK J. NAVARRO, Mayor
ATTEST:
ISSAC SUCHIL, City Clerk
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Attachment: RESOLUTION NO. R-49-25 (4981 : MOU - IBEW-Electric 2025-2027)
ITEM NO. 19
STAFF REPORT
DATE: JUNE 17, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: DEB FARRAR, COMMUNITY SERVICES DIRECTOR
SUBJECT: APPROVE THE EXECUTION AND RECORDATION OF THE
NOTICE OF COMPLETION FOR THE FENCING PROJECT AT THE
COLTON ECO FRIENDLY PARK WITH COMMUNITY SPORTS
FIELDS AND AMENITIES.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve the execution and recordation of the Notice of Completion for the Fencing Project at the Colton Eco Friendly Park with Community Sports Fields and Amenities.
BACKGROUND
The 45-acre Colton Habitat Conservation Park with Eco -Friendly Community Sports Fields and Amenities is a long -term strategic project designed to provide both recreational and environmental benefits to the community. Located near Veterans Park and the Santa Ana River, the site includes 21 acres dedicated to soccer fields and community use, with the remaining 24 acres reserved for habitat conservation. Initiated in 2014, the project has undergone extensive environmental review to ensure regulatory compliance, and development has been supported through a combination of local planning efforts and grant funding. Notably, $18 million was secured by Assembly Member Eloise Gómez Reyes to support the construction of the Colton Soccer Complex.
The Eco-Friendly Park Fencing Project represents a critical phase in the ongoing development of the site. In response to persistent issues related to illegal dumping and unauthorized access, the City prioritized the installation of perimeter fencing and barriers. This improvement enhances security, protects the site’s environmental integrity, and reinforces the City’s efforts to maintain 19 Packet Pg. 706
Staff Report to the Mayor and City Council
NOC - Fencing at Habitat Park
June 17, 2025