Cities Index.
Agenda packet

Colton City Council
May 17, 2022

Document
Agenda packet
Meeting
May 17, 2022
Body
Colton City Council
Pages
7
Original file
52.6 MB
Text extracted from the city's file for reading and search. Open the original on coltonca.api.civicclerk.com. That file is the official record.

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Packet Pg. 279
Attachment: FY22-23 Budget Book (3628 : Budget Adoption - FY2022-23) Original
Adopted
Reorg
(7/6/21)
Mid-Year
Budget
Mid-Year
Budget
FY 2022 FY 2022 FY 2022 FY 2022 TOTAL FUNDED FULL-TIME POSITIONS Human Resources & Risk Management
Human Resources & Risk Management Director 0.00 0.00 0.00 1.00 Human Resources Director 1.00 1.00 1.00 0.00
Senior Human Resources Analyst 0.00 0.00 0.00 1.00
Senior Risk Management Analyst 0.00 0.00 0.00 1.00
Human Resource Analyst 1.00 1.00 1.00 1.00
Human Resource Specialist 2.00 2.00 2.00 1.00

4.00 4.00 4.00 5.00
Finance Department
Finance Director 1.00 1.00 1.00 1.00
Finance
Finance Manager 1.00 1.00 1.00 1.00
Senior Accountant 1.00 1.00 1.00 1.00
Payroll Analyst 1.00 1.00 1.00 1.00
Accountant 1.00 1.00 2.00 2.00
Payroll Technician I/II 1.00 1.00 1.00 1.00
Account Technician I/II 2.00 2.00 2.00 2.00
Customer Service
Purchasing/Customer Service Manager 0.80 0.80 0.80 0.80 Senior Customer Service Representative 2.00 2.00 2.00 2.00 Customer Service Representative I/II 10.00 10.00 10.00 10.00 Purchasing
Purchasing/Customer Service Manager 0.20 0.20 0.20 0.20 Warehouse Supervisor 1.00 1.00 1.00 1.00
Storekeeper 1.00 1.00 1.00 1.00
Account Technician I/II 1.00 1.00 1.00 1.00
Information Systems
I.T. Supervisor 1.00 1.00 1.00 1.00
I.T. Coordinator 1.00 1.00 1.00 1.00
Utilities Business Systems Analyst 0.00 0.00 0.00 0.00
Network Technician 1.00 1.00 1.00 1.00

27.00 27.00 28.00 28.00
Community Services
Community Services Director 1.00 1.00 1.00 1.00
Administrative Assistant 1.00 1.00 1.00 1.00
Community Child Care Manager 1.00 1.00 1.00 1.00
Community Child Care Administrative Assistant 1.00 1.00 1.00 1.00 Community Child Care Site Supervisor 1.00 1.00 1.00 1.00 Community Child Care Asst Site Supervisor 1.70 1.70 1.70 1.70 Library Branch Manager (pending due diligence) 1.00 1.00 1.00 1.00 Homeless Solutions Coordinator 1.00 1.00 1.00 1.00
Recreation Services Manager 1.00 1.00 1.00 1.00
Recreation Services Coordinator 5.00 5.00 5.00 5.00

14.70 14.70 14.70 14.70
Finance Department Totals: (Full Time Positions)
Community Services Totals: (Full Time Positions)
Human Resources Totals: (Full Time Positions)

Page 2 ends

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Packet Pg. 280
Attachment: FY22-23 Budget Book (3628 : Budget Adoption - FY2022-23) Original
Adopted
Reorg
(7/6/21)
Mid-Year
Budget
Mid-Year
Budget
FY 2022 FY 2022 FY 2022 FY 2022 TOTAL FUNDED FULL-TIME POSITIONS Development Services
Development Services Director 1.00 1.00 1.00 1.00
Planning Manager 1.00 1.00 1.00 1.00
Administrative Assistant 1.00 1.00 1.00 1.00
Senior Office Specialist 1.00 1.00 1.00 1.00
Planning/Building Technician 2.00 2.00 2.00 2.00
Building Official 1.00 1.00 1.00 1.00
Plans Examiner I/II 1.00 1.00 1.00 1.00
Building Inspector I/II 1.00 1.00 1.00 1.00
Business License/Collections Officer 1.00 1.00 1.00 1.00 Senior Planner 1.00 1.00 1.00 1.00
Associate Planner 1.00 1.00 1.00 1.00
Assistant Planner (Pending Due Diligence) 0.00 0.00 1.00 1.00

12.00 12.00 13.00 13.00
Police Department
Police Chief 1.00 1.00 1.00 1.00
Police Captain 1.00 1.00 1.00 1.00
Executive Assistant to Police Chief 1.00 1.00 1.00 1.00 Information Technology Coordinator 1.00 1.00 1.00 1.00
Network Technician 1.00 1.00 1.00 1.00
Community Service Officer 5.00 5.00 5.00 5.00
Police Lieutenant 2.00 2.00 2.00 2.00
Police Sergeant 7.00 7.00 7.00 7.00
Police Corporal/Detective 12.00 12.00 12.00 12.00
Police Officer/Trainee 34.00 34.00 34.00 34.00
Animal Services Officer 2.00 2.00 2.00 2.00
Code Compliance Officer 4.00 4.00 4.00 5.00
Supervising Communication Dispatcher 1.00 1.00 1.00 1.00 Police Dispatcher I/II 9.00 9.00 9.00 9.00
Senior Police Dispatchers 2.00 2.00 2.00 2.00
Administrative Assistant 0.00 0.00 0.00 0.00
Police Records Supervisor 1.00 1.00 1.00 1.00
Police Services Clerk I/II 4.00 4.00 4.00 4.00
Police Maintenance Worker I 1.00 1.00 1.00 0.00

89.00 89.00 89.00 89.00
Fire Department
Fire Chief 1.00 1.00 1.00 1.00
Fire Battalion Chief 3.00 3.00 3.00 3.00
Fire Captain 12.00 12.00 12.00 12.00
Fire Engineer 12.00 12.00 12.00 12.00
Firefighter Medic 12.00 12.00 12.00 12.00
Fire Marshal 1.00 1.00 1.00 1.00
Fire Safety Specialist I/II 1.00 1.00 1.00 1.00
Executive Assistant 1.00 1.00 1.00 1.00
Office Specialist I/II 0.00 0.00 1.00 1.00

43.00 43.00 44.00 44.00
Police Department Totals: (Full Time Positions)
Development Services Totals: (Full Time Positions)
Fire Department Totals: (Full Time Positions)

Page 3 ends

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Attachment: FY22-23 Budget Book (3628 : Budget Adoption - FY2022-23) Original
Adopted
Reorg
(7/6/21)
Mid-Year
Budget
Mid-Year
Budget
FY 2022 FY 2022 FY 2022 FY 2022 TOTAL FUNDED FULL-TIME POSITIONS Public Works & Utility Services
Public Works & Utility Services Director 1.00 1.00 1.00 1.00 Assistant Director of Utility Operations 1.00 1.00 1.00 1.00 Assistant Director of Public Works & Engineering 1.00 1.00 1.00 1.00 Public Works - Operations
Public Works Superintendent 1.00 0.00 0.00 0.00
Public Works Supervisor 0.00 1.00 1.00 1.00
Maintenance Worker III 1.00 1.00 1.00 1.00
Equipment Operator I/II 1.00 1.00 1.00 1.00
Maintenance Crew Leader 1.00 1.00 1.00 1.00
Maintenance Worker I/II 19.00 19.00 19.00 19.00
Lead Equipment Mechanic 1.00 1.00 1.00 1.00
Equipment Mechanic 2.00 2.00 2.00 2.00
Building Maintenance Supervisor 1.00 1.00 1.00 1.00
Building Maintenance Worker I/II 2.00 2.00 2.00 3.00
Maintenance Electrician (moved from Substation) 1.00 1.00 1.00 1.00

30.00 30.00 30.00 31.00
Administration
Utilities Planning Manager 1.00 1.00 1.00 1.00
Utilities Executive Assistant 1.00 1.00 1.00 1.00
Administrative Assistant 1.00 2.00 2.00 2.00
Senior Office Specialist 1.00 0.00 0.00 0.00
Office Specialist I/II 1.00 1.00 0.00 0.00
PW/W/WW Administrative Manager 1.00 1.00 1.00 1.00
Utilities Financial Analyst 0.00 0.00 0.00 0.00
Utility Resources Analyst 1.00 1.00 1.00 1.00
Utilities Business Systems Analyst 1.00 1.00 1.00 1.00
Accountant 1.00 1.00 1.00 1.00
Administrative Analyst I 1.00 1.00 2.00 2.00

10.00 10.00 10.00 10.00
Engineering
Elec. Utilities System Designer 1.00 1.00 1.00 1.00
Engineering/GIS Technician 1.00 1.00 1.00 1.00
GIS Specialist 1.00 1.00 1.00 1.00
Utilities Engineer 1.00 1.00 1.00 1.00
Associate Engineer 1.00 1.00 1.00 1.00
Engineering Technician I/II 1.00 1.00 1.00 1.00
Public Works & Utility Inspector 1.00 1.00 1.00 1.00
Senior Electric Utility Inspector 1.00 1.00 1.00 1.00
Capital Project Manager 1.00 1.00 1.00 1.00

9.00 9.00 9.00 9.00
Environmental, Sustainability, & Conservation
Environment & Conservation Supervisor 1.00 1.00 1.00 1.00 Senior Energy Services Specialist 1.00 1.00 1.00 1.00
Senior Water Conservation Specialist 1.00 1.00 1.00 1.00 Office Specialist I/II 2.00 2.00 2.00 2.00

5.00 5.00 5.00 5.00
Subtotals:

Subtotals:

Subtotals:

Public Works Division Totals: (All Positions)

Page 4 ends

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Packet Pg. 282
Attachment: FY22-23 Budget Book (3628 : Budget Adoption - FY2022-23) Original
Adopted
Reorg
(7/6/21)
Mid-Year
Budget
Mid-Year
Budget
FY 2022 FY 2022 FY 2022 FY 2022 TOTAL FUNDED FULL-TIME POSITIONS Substation
Substation Superintendent 1.00 1.00 1.00 1.00
Substation Operations Supervisor 1.00 1.00 1.00 1.00
Substation Electrician/Substation Apprentice/Sr. Substation Electrician 5.00 5.00 5.00 5.00 Senior Consumer Service Field Rep 1.00 1.00 1.00 1.00
Consumer Service-Field Rep I/II 4.00 4.00 4.00 4.00

12.00 12.00 12.00 12.00
Transmission/Distribution
Transmission/Dist. Superintendent 0.00 0.00 0.00 0.00
Electric Field Operations Foreman 1.00 1.00 1.00 1.00
Line Crew Supervisor 3.00 3.00 3.00 3.00
Service Crew Supervisor 1.00 1.00 1.00 1.00
Powerline Technician/Apprentice/Apprentice Trainee 12.00 12.00 12.00 12.00

17.00 17.00 17.00 17.00
Water Utility
Water & Waste Water Utilities Superintendent 0.50 0.50 0.50 0.50 Water Utilities Supervisor 1.00 1.00 1.00 1.00
Senior Water Quality Technician 1.00 1.00 1.00 1.00
Water Quality Technician II 1.00 1.00 1.00 1.00
Senior Water Treatment Operator 1.00 1.00 1.00 1.00
Water Treatment Opertor III 1.00 1.00 1.00 1.00
Water Treatment Operator I/II 1.00 1.00 1.00 1.00
Senior Water Distribution Operator 1.00 1.00 1.00 2.00
Water Distribution Operator I/II 6.00 6.00 6.00 6.00
Water Distribution Operator III 2.00 2.00 2.00 1.00

15.50 15.50 15.50 15.50
Wastewater Utility
Water & Waste Water Utilities Superintendent 0.50 0.50 0.50 0.50 Collection System Maintenance Supervisor 1.00 1.00 1.00 1.00 Senior Collection System Maintenance Technician 1.00 1.00 1.00 1.00 Collection System Maintenance Technician I/II 5.00 5.00 5.00 5.00 Wastewater Utilities Supervisor 1.00 1.00 1.00 1.00
Senior Wastewater Treatment Plant Operator 2.00 2.00 2.00 2.00 Wastewater Treatment Plant Operator I/II 7.00 7.00 7.00 7.00 Wastewater Treatment Plant Mechanic I/II 2.00 2.00 2.00 2.00

19.50 19.50 19.50 19.50
121.00 121.00 121.00 122.00 Public Works & Utility Services Department Totals: (Full-time) Subtotals:

Subtotals:

Subtotals:

Subtotals:

Page 5 ends

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Attachment: FY22-23 Budget Book (3628 : Budget Adoption - FY2022-23) Job Title Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Account Technician I general 110 8/21/2021 19.5984 20.5783 21.6072 22.6876 23.8220 3,397.05 3,566.90 3,745.25 3,932.51 4,129.15 40,764.62 42,802.76 44,942.82 47,190.26 49,549.76 Account Technician II general 116 8/21/2021 21.5558 22.6336 23.7652 24.9535 26.2012 3,736.33 3,923.16 4,119.30 4,325.27 4,541.53 44,835.96 47,077.68 49,431.72 51,903.28 54,498.34 Accountant general 142 8/21/2021 26.7039 28.0391 29.4411 30.9131 32.4588 4,628.67 4,860.11 5,103.13 5,358.27 5,626.20 55,544.06 58,321.38 61,237.28 64,299.30 67,514.46 Administrative Analyst I midmngt 204 11/27/2021 27.4654 28.8387 30.2806 31.7947 33.3844 4,760.67 4,998.72 5,248.63 5,511.08 5,786.64 57,127.98 59,984.60 62,983.70 66,132.82 69,439.76 Administrative Analyst II midmngt 234 11/27/2021 30.2095 31.7201 33.3061 34.9713 36.7199 5,236.32 5,498.15 5,773.06 6,061.69 6,364.78 62,836.02 65,977.60 69,276.74 72,740.46 76,377.34 Administrative Assistant general 126 8/21/2021 20.4480 21.4705 22.5439 23.6711 24.8548 3,544.32 3,721.56 3,907.60 4,103.00 4,308.17 42,532.10 44,658.64 46,891.26 49,235.94 51,697.88 Animal Services Officer general 506 8/21/2021 19.3453 20.3126 21.3282 22.3946 23.5144 3,353.18 3,520.86 3,696.88 3,881.73 4,075.83 40,238.38 42,250.00 44,362.76 46,580.82 48,909.90 Assistant City Manager executive 817 12/25/2021 93.2466 16,162.74 193,952.92 Assistant Director of Public Works & Engineering executive 838 12/25/2021 68.2606 71.6737 75.2573 79.0202 82.9713 11,831.85 12,423.44 13,044.61 13,696.84 14,381.68 141,982.14 149,081.25 156,535.32 164,362.09 172,580.19 Assistant Director of Utility Operations executive 841 12/25/2021 68.2606 71.6737 75.2573 79.0202 82.9713 11,831.85 12,423.44 13,044.61 13,696.84 14,381.68 141,982.14 149,081.25 156,535.32 164,362.09 172,580.19 Associate Engineer midmngt 263 11/27/2021 41.3114 43.3770 45.5459 47.8231 50.2143 7,160.64 7,518.69 7,894.62 8,289.34 8,703.82 85,927.66 90,224.16 94,735.16 99,472.10 104,445.90 Associate Planner midmngt 210 11/27/2021 31.7388 33.3260 34.9920 36.7416 38.5788 5,501.39 5,776.51 6,065.28 6,368.55 6,686.99 66,016.86 69,317.82 72,783.62 76,422.58 80,243.80 Building Inspector I general 131 8/21/2021 22.6508 23.7833 24.9726 26.2211 27.5323 3,926.13 4,122.44 4,328.58 4,544.99 4,772.26 47,113.82 49,469.42 51,942.80 54,539.94 57,267.08 Building Inspector II general 179 8/21/2021 26.4774 27.8012 29.1913 30.6509 32.1835 4,589.41 4,818.88 5,059.83 5,312.82 5,578.48 55,072.94 57,826.60 60,717.80 63,753.82 66,941.42 Building Maintenance Supervisor midmngt 253 11/27/2021 34.7250 36.4612 38.2843 40.1985 42.2084 6,019.00 6,319.93 6,635.95 6,967.74 7,316.13 72,228.00 75,839.14 79,631.24 83,612.88 87,793.68 Building Official midmngt 093 11/27/2021 50.1603 52.6683 55.3018 58.0669 60.9702 8,694.44 9,129.17 9,585.64 10,064.92 10,568.17 104,333.32 109,550.22 115,027.64 120,779.10 126,818.12 Business Lic./Collections Ofcr. midmngt 206 11/27/2021 23.5381 24.7150 25.9508 27.2483 28.6108 4,079.94 4,283.94 4,498.14 4,723.04 4,959.21 48,959.30 51,407.20 53,977.82 56,676.36 59,510.36 Capital Project Manager midmngt 837 11/27/2021 40.1264 42.1327 44.2393 46.4513 48.7739 6,955.24 7,303.00 7,668.15 8,051.56 8,454.14 83,462.86 87,636.12 92,017.90 96,618.86 101,449.66 Chief Deputy City Clerk midmngt 278 12/25/2021 28.4724 29.8960 31.3908 32.9604 34.6084 4,935.21 5,181.97 5,441.07 5,713.14 5,998.78 59,222.54 62,183.68 65,292.76 68,557.32 71,985.42 City Clerk elected 1/1/2016 370.00 4,440.00
City Engineer executive 999 12/25/2021 68.4240 11,860.16 142,321.90 City Manager contract 812 12/21/2021 97.6870 16,932.42 203,189.00 City Treasurer elected 1/1/2016 2,225.00 26,700.00 Code Enforcement Officer general 138 8/21/2021 24.7782 26.0170 27.3180 28.6838 30.1180 4,294.89 4,509.62 4,735.12 4,971.86 5,220.45 51,538.50 54,115.36 56,821.18 59,662.20 62,645.44 Collection System Maintenance Supervisor midmngt 257 11/27/2021 38.0026 39.9027 41.8978 43.9927 46.1923 6,587.12 6,916.47 7,262.28 7,625.39 8,006.66 79,045.20 82,997.46 87,147.32 91,504.92 96,080.14 Collection System Maintenance Technician I ibew2 158 1/1/2022 22.1497 23.2573 24.4201 25.6410 26.9230 3,839.27 4,031.27 4,232.82 4,444.44 4,666.65 46,071.48 48,375.08 50,793.60 53,333.54 55,999.84 Collection System Maintenance Technician II ibew2 197 1/1/2022 25.4799 26.7538 28.0917 29.4962 30.9710 4,416.51 4,637.32 4,869.22 5,112.68 5,368.30 52,998.14 55,648.06 58,430.32 61,352.20 64,419.68 Collections Systems Maint Worker in Trg ibew2 190 1/1/2022 17.7242 18.6105 19.5411 20.5181 21.5439 3,072.19 3,225.82 3,387.13 3,556.46 3,734.27 36,866.70 38,709.84 40,645.28 42,677.70 44,811.26 Community Child Care Admin. Asst. general 134 8/21/2021 20.4480 21.4705 22.5439 23.6711 24.8548 3,544.32 3,721.56 3,907.60 4,103.00 4,308.17 42,532.10 44,658.64 46,891.26 49,235.94 51,697.88 Community Child Care Asst Site Supvr. midmngt 261 11/27/2021 17.6725 18.5562 19.4839 20.4581 21.4811 3,063.23 3,216.41 3,377.22 3,546.08 3,723.40 36,758.80 38,596.74 40,526.46 42,552.90 44,680.74 Community Child Care Manager midmngt 252 11/27/2021 33.5136 35.1893 36.9488 38.7962 40.7361 5,809.03 6,099.48 6,404.45 6,724.68 7,060.93 69,708.34 73,193.90 76,853.40 80,696.20 84,730.88 Community Child Care Site Supvr. midmngt 260 11/27/2021 19.6299 20.6115 21.6420 22.7241 23.8603 3,402.51 3,572.65 3,751.29 3,938.85 4,135.78 40,830.14 42,871.66 45,015.36 47,266.18 49,629.32 Community Service Officer general 607 8/21/2021 19.1327 20.0893 21.0937 22.1485 23.2559 3,316.34 3,482.14 3,656.25 3,839.08 4,031.03 39,795.86 41,785.64 43,875.00 46,068.62 48,372.22 Community Services Director * executive 804 12/25/2021 82.9713 14,381.68 172,580.16 Consumer Service Field Rep. I ibew 971 12/30/2017 25.5064 26.7816 28.1208 29.5269 31.0031 4,421.11 4,642.15 4,874.26 5,117.99 5,373.88 53,053.26 55,705.78 58,491.16 61,415.90 64,486.50 Consumer Service Field Rep. II ibew 973 12/30/2017 28.0641 29.4674 30.9406 32.4878 34.1120 4,864.45 5,107.68 5,363.04 5,631.21 5,912.75 58,373.38 61,292.14 64,356.50 67,574.52 70,952.96 Customer Svc. Rep. I general 107 8/21/2021 17.4774 18.3512 19.2688 20.2323 21.2439 3,029.42 3,180.87 3,339.93 3,506.93 3,682.27 36,353.20 38,170.60 40,079.26 42,083.08 44,187.26 Customer Svc. Rep. II general 113 8/21/2021 19.2334 20.1951 21.2049 22.2651 23.3784 3,333.79 3,500.49 3,675.52 3,859.29 4,052.26 40,005.42 42,005.86 44,106.14 46,311.46 48,627.02 Deputy City Clerk cnfdtl 173 2/1/2022 24.3709 25.5894 26.8689 28.2125 29.6231 4,224.29 4,435.50 4,657.28 4,890.16 5,134.67 50,691.68 53,226.16 55,887.52 58,682.00 61,616.10 Deputy Fire Chief executive 993 12/25/2021 64.4060 67.6263 71.0076 74.5580 78.2859 11,163.70 11,721.88 12,307.97 12,923.37 13,569.54 133,964.40 140,662.56 147,695.64 155,080.44 162,834.48 Development Services Director * executive 810 12/25/2021 82.9713 14,381.68 - - - - 172,580.16 Economic Development Manager midmngt 226 11/27/2021 44.7352 46.9719 49.3205 51.7865 54.3759 7,754.11 8,141.79 8,548.88 8,976.33 9,425.16 93,049.06 97,701.50 102,586.90 107,715.92 113,101.82 Economic Development Project Manager I midmngt 272 11/27/2021 31.6130 33.1937 34.8533 36.5960 38.4258 5,479.59 5,753.57 6,041.24 6,343.31 6,660.47 65,755.04 69,042.74 72,494.76 76,119.68 79,925.56 Economic Development Project Manager II midmngt 273 11/27/2021 37.9318 39.8284 41.8198 43.9108 46.1062 6,574.84 6,903.60 7,248.76 7,611.21 7,991.74 78,898.04 82,843.02 86,985.08 91,334.36 95,901.00 Electric Field Operations Foreman ibew 7/6/2021 51.2562 53.8190 56.5100 59.3355 62.3022 8,884.41 9,328.63 9,795.06 10,284.81 10,799.05 106,612.90 111,943.54 117,540.72 123,417.75 129,588.64 Electric Utility Director * executive 836 12/25/2021 88.8063 15,393.09 - - - - 184,717.08 Electric Utility Inspector ibew 920 12/30/2017 35.6983 37.4831 39.3574 41.3251 43.3915 6,187.70 6,497.08 6,821.95 7,163.02 7,521.19 74,252.36 77,964.90 81,863.34 85,956.26 90,254.32 Electric Utility System Designer midmngt 250 11/27/2021 39.9017 41.8968 43.9916 46.1912 48.5008 6,916.30 7,262.11 7,625.20 8,006.48 8,406.80 82,995.38 87,145.24 91,502.58 96,077.80 100,881.56 Electrical Sys Engineer/GIS Project Manager midmngt 221 11/27/2021 38.8821 40.8262 42.8675 45.0109 47.2614 6,739.57 7,076.55 7,430.37 7,801.89 8,191.97 80,874.82 84,918.34 89,164.40 93,622.88 98,303.92 Energy Services Specialist midmngt 231 11/27/2021 33.6458 35.3281 37.0945 38.9492 40.8967 5,831.93 6,123.53 6,429.71 6,751.19 7,088.77 69,983.42 73,482.50 77,156.56 81,014.44 85,064.98 Engineering Assistant midmngt 264 11/27/2021 34.6025 36.3326 38.1492 40.0567 42.0595 5,997.77 6,297.66 6,612.52 6,943.16 7,290.32 71,973.20 75,571.86 79,350.44 83,317.78 87,484.02 Engineering GIS Technician ibew 907 12/30/2017 32.0504 33.6529 35.3356 37.1024 38.9575 5,555.40 5,833.17 6,124.84 6,431.08 6,752.63 66,664.78 69,997.98 73,498.10 77,172.94 81,031.60 Engineering Manager midmngt 207 11/27/2021 43.7660 45.9543 48.2519 50.6645 53.1978 7,586.10 7,965.41 8,363.66 8,781.84 9,220.95 91,033.02 95,585.10 100,364.16 105,382.16 110,651.58 Engineering Technician I general 125 8/21/2021 23.8278 25.0192 26.2702 27.5837 28.9629 4,130.15 4,336.66 4,553.51 4,781.18 5,020.24 49,561.98 52,040.04 54,641.86 57,374.20 60,242.78 Engineering Technician II general 156 8/21/2021 27.4025 28.7727 30.2113 31.7218 33.3079 4,749.77 4,987.27 5,236.62 5,498.45 5,773.37 56,997.20 59,847.06 62,839.40 65,981.50 69,280.64 Environmental and Conservation Supervisor midmngt 238 11/27/2021 38.7059 40.6413 42.6733 44.8070 47.0473 6,709.02 7,044.49 7,396.70 7,766.55 8,154.86 80,508.48 84,533.80 88,760.62 93,198.56 97,858.54 Equipment Mechanic general 129 8/21/2021 22.0781 23.1821 24.3411 25.5581 26.8361 3,826.88 4,018.24 4,219.13 4,430.07 4,651.59 45,922.50 48,218.56 50,629.54 53,160.90 55,819.14 Equipment Operator II general 124 8/21/2021 20.6742 21.7080 22.7933 23.9330 25.1296 3,583.53 3,762.73 3,950.85 4,148.39 4,355.79 43,002.18 45,152.38 47,409.96 49,780.38 52,269.62 Executive Administrator to Mayor and Council cnfdtl 820 12/25/2021 35.4489 37.2213 39.0824 41.0365 43.0884 6,144.47 6,451.70 6,774.28 7,112.99 7,468.66 73,733.66 77,420.46 81,291.60 85,355.92 89,623.82 Executive Assistant midmngt 268 11/27/2021 25.2690 26.5324 27.8591 29.2520 30.7146 4,379.96 4,598.94 4,828.91 5,070.35 5,323.87 52,559.52 55,187.34 57,946.72 60,844.16 63,886.42 Executive Assistant to City Manager cnfdtl 819 12/25/2021 32.2504 33.8629 35.5560 37.3337 39.2004 5,590.07 5,869.57 6,163.05 6,471.18 6,794.74 67,080.78 70,434.78 73,956.22 77,654.20 81,537.04 Executive Assistant to Police Chief midmngt 203 11/27/2021 25.2690 26.5324 27.8591 29.2520 30.7146 4,379.96 4,598.94 4,828.91 5,070.35 5,323.87 52,559.52 55,187.34 57,946.72 60,844.16 63,886.42 Finance Director * executive 807 12/25/2021 82.9713 14,381.68 172,580.16 Finance Manager cnfdtl 460 12/25/2021 47.5736 49.9523 52.4499 55.0725 57.8260 8,246.10 8,658.40 9,091.32 9,545.90 10,023.18 98,953.14 103,900.94 109,095.74 114,550.54 120,278.08 Fire Battalion Chief fire 309 11/27/2021 39.5816 41.5607 43.6387 45.8207 48.1117 9,605.14 10,085.39 10,589.66 11,119.15 11,675.10 115,261.64 121,024.80 127,075.78 133,429.92 140,101.26 Fire Captain fire 304 11/27/2021 31.2762 32.8400 34.4819 36.2062 38.0164 7,589.68 7,969.17 8,367.60 8,786.03 9,225.31 91,076.18 95,629.82 100,411.48 105,432.34 110,703.58 Fire Chief * executive 815 12/25/2021 88.8063 15,393.09 184,717.08 ANNUALRevised
Date

FULL TIME CLASSIFICATIONS

SALARY TABLE
MONTHLYHOURLYBargaining
Unit
FY 2021-22
REVISED 5/17/2022
Pay
Grade

Page 1 ends

4.a
Packet Pg. 284
Attachment: FY22-23 Budget Book (3628 : Budget Adoption - FY2022-23) Job Title Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E ANNUALRevised
Date

FULL TIME CLASSIFICATIONS

SALARY TABLE
MONTHLYHOURLYBargaining
Unit
FY 2021-22
REVISED 5/17/2022
Pay
Grade
Fire Engineer fire 303 11/27/2021 27.7482 29.1356 30.5924 32.1219 33.7281 6,733.57 7,070.25 7,423.76 7,794.92 8,184.69 80,802.54 84,842.94 89,084.84 93,539.16 98,216.30 Fire Marshal fire 306 11/27/2021 55.3991 58.1690 61.0775 64.1314 67.3379 9,602.51 10,082.62 10,586.77 11,116.11 11,671.91 115,229.92 120,991.52 127,041.20 133,393.26 140,062.78 Fire Safety Specialist I general 157 8/21/2021 22.6508 23.7833 24.9726 26.2211 27.5323 3,926.13 4,122.44 4,328.58 4,544.99 4,772.26 47,113.82 49,469.42 51,942.80 54,539.94 57,267.08 Fire Safety Specialist II general 330 8/21/2021 26.4774 27.8012 29.1913 30.6509 32.1834 4,589.41 4,818.88 5,059.83 5,312.82 5,578.46 55,072.94 57,826.60 60,717.80 63,753.82 66,941.42 Firefighter fire 301 12/29/2018 21.6238 22.7051 23.8404 25.0323 26.2839 5,247.39 5,509.77 5,785.26 6,074.51 6,378.23 62,968.62 66,117.22 69,423.12 72,894.12 76,538.80 Firefighter Medic fire 308 11/27/2021 26.0146 27.3153 28.6810 30.1151 31.6209 6,312.87 6,628.51 6,959.93 7,307.93 7,673.33 75,754.38 79,542.32 83,519.28 87,695.14 92,080.04 GIS Specialist general 166 8/21/2021 24.7655 26.0038 27.3040 28.6691 30.1027 4,292.69 4,507.32 4,732.69 4,969.30 5,217.80 51,512.24 54,087.80 56,792.32 59,631.78 62,613.46 Homeless Solutions Coordinator general 103 8/21/2021 24.3780 25.5969 26.8768 28.2205 29.6316 4,225.52 4,436.80 4,658.65 4,891.55 5,136.15 50,706.24 53,241.50 55,903.64 58,698.90 61,633.78 Human Resources Analyst cnfdtl 835 12/25/2021 33.2305 34.8920 36.6366 38.4683 40.3918 5,759.95 6,047.95 6,350.35 6,667.83 7,001.24 69,119.44 72,575.36 76,203.92 80,014.22 84,015.10 Human Resources & Risk Management Director * executive 994 12/25/2021 82.9713 14,381.68 172,580.16 Human Resources Manager cnfdtl 218 12/25/2021 47.5736 49.9523 52.4499 55.0725 57.8260 8,246.10 8,658.40 9,091.32 9,545.90 10,023.18 98,953.14 103,900.94 109,095.74 114,550.54 120,278.08 Human Resources Specialist cnfdtl 149 12/25/2021 26.7448 28.0820 29.4862 30.9605 32.5085 4,635.76 4,867.54 5,110.94 5,366.49 5,634.81 55,629.08 58,410.56 61,331.14 64,397.84 67,617.42 Human Resources Technician general 145 8/21/2021 22.3614 23.4794 24.6534 25.8861 27.1804 3,875.97 4,069.77 4,273.26 4,486.92 4,711.27 46,511.66 48,837.10 51,279.02 53,843.14 56,535.18 Information Technology Coordinator midmngt 279 11/27/2021 35.1750 36.9338 38.7804 40.7194 42.7554 6,097.00 6,401.85 6,721.94 7,058.02 7,410.94 73,164.00 76,822.46 80,663.18 84,696.30 88,931.44 Information Technology Supervisor midmngt 990 11/27/2021 40.4502 42.4728 44.5964 46.8263 49.1676 7,011.36 7,361.94 7,730.04 8,116.56 8,522.39 84,136.52 88,343.32 92,760.72 97,398.34 102,268.66 Lead Equipment Mechanic general 130 8/21/2021 26.9620 28.3101 29.7256 31.2118 32.7724 4,673.41 4,907.08 5,152.43 5,410.04 5,680.56 56,080.70 58,885.06 61,829.30 64,920.70 68,166.80 Library Manager midmngt 291 11/27/2021 39.4928 41.4674 43.5407 45.7178 48.0038 6,845.41 7,187.68 7,547.05 7,924.42 8,320.66 82,144.92 86,252.14 90,564.76 95,092.92 99,847.80 Line Crew Supervisor ibew 916 12/30/2017 48.1194 50.5254 53.0516 55.7041 58.4894 8,340.69 8,757.73 9,195.62 9,655.38 10,138.16 100,088.30 105,092.78 110,347.38 115,864.58 121,657.90 Literacy Coordinator/Branch Supervisor midmngt 276 11/27/2021 28.8878 30.3323 31.8488 33.4413 35.1133 5,007.21 5,257.61 5,520.45 5,796.49 6,086.30 60,086.52 63,091.08 66,245.66 69,557.80 73,035.82 Maintenance Crew Leader general 178 8/21/2021 23.3810 24.5500 25.7775 27.0664 28.4197 4,052.71 4,255.32 4,468.11 4,691.51 4,926.09 48,632.48 51,064.00 53,617.20 56,298.06 59,113.08 Maintenance Electrician ibew 908 12/30/2017 31.0373 32.5891 34.2185 35.9295 37.7261 5,379.79 5,648.78 5,931.21 6,227.78 6,539.20 64,557.48 67,785.38 71,174.48 74,733.36 78,470.34 Maintenance Worker I general 111 8/21/2021 18.4404 19.3624 20.3305 21.3471 22.4144 3,196.33 3,356.15 3,523.96 3,700.17 3,885.16 38,355.98 40,273.74 42,287.44 44,402.02 46,621.90 Maintenance Worker I, Building general 117 8/21/2021 20.7187 21.7546 22.8423 23.9844 25.1836 3,591.25 3,770.79 3,959.33 4,157.30 4,365.16 43,094.74 45,249.62 47,511.88 49,887.50 52,381.94 Maintenance Worker I, Police general 135 8/21/2021 18.4404 19.3624 20.3305 21.3471 22.4144 3,196.33 3,356.15 3,523.96 3,700.17 3,885.16 38,355.98 40,273.74 42,287.44 44,402.02 46,621.90 Maintenance Worker II general 115 8/21/2021 19.3656 20.3339 21.3506 22.4182 23.5391 3,356.71 3,524.54 3,700.77 3,885.83 4,080.12 40,280.50 42,294.72 44,409.30 46,629.70 48,961.12 Maintenance Worker II, Building general 118 8/21/2021 21.7509 22.8384 23.9804 25.1794 26.4383 3,770.15 3,958.66 4,156.61 4,364.42 4,582.64 45,241.82 47,504.08 49,879.18 52,373.10 54,991.82 Maintenance Worker III general 153 8/21/2021 22.2417 23.3538 24.5215 25.7476 27.0349 3,855.22 4,048.00 4,250.40 4,462.92 4,686.05 46,262.84 48,575.80 51,004.72 53,555.06 56,232.80 Maintenance Worker III, Building general 132 8/21/2021 25.0219 26.2731 27.5867 28.9660 30.4143 4,337.13 4,554.00 4,781.70 5,020.77 5,271.80 52,045.50 54,647.84 57,380.18 60,249.28 63,261.90 Meter Technician ibew 980 12/30/2017 37.8661 39.7594 41.7475 43.8349 46.0266 6,563.46 6,891.63 7,236.23 7,598.05 7,977.95 78,761.54 82,699.50 86,834.80 91,176.54 95,735.38 Meter Technician Apprentice ibew 983 12/30/2017 33.2788 34.9428 36.6899 38.5245 40.4506 5,768.32 6,056.74 6,359.58 6,677.58 7,011.44 69,219.80 72,680.92 76,314.94 80,130.96 84,137.30 Network Technician general 168 8/21/2021 24.3435 25.5607 26.8388 28.1807 29.5897 4,219.54 4,430.52 4,652.06 4,884.65 5,128.88 50,634.74 53,166.36 55,824.60 58,615.96 61,546.68 Office Specialist I general 186 8/21/2021 15.8600 16.6530 17.4857 18.3599 19.2779 2,749.07 2,886.52 3,030.85 3,182.39 3,341.51 32,988.80 34,638.24 36,370.10 38,188.54 40,097.98 Office Specialist II general 106 8/21/2021 16.8292 17.6707 18.5542 19.4819 20.4560 2,917.05 3,062.92 3,216.07 3,376.85 3,545.71 35,004.84 36,754.90 38,592.84 40,522.30 42,548.48 Payroll Analyst cnfdtl 839 12/25/2021 33.2305 34.8920 36.6366 38.4683 40.3918 5,759.95 6,047.95 6,350.35 6,667.83 7,001.24 69,119.44 72,575.36 76,203.92 80,014.22 84,015.10 Payroll Technician I general 121 8/21/2021 21.5620 22.6401 23.7721 24.9607 26.2087 3,737.41 3,924.28 4,120.50 4,326.52 4,542.85 44,848.96 47,091.20 49,446.02 51,918.10 54,514.20 Payroll Technician II general 170 8/21/2021 23.7207 24.9068 26.1521 27.4597 28.8327 4,111.58 4,317.18 4,533.03 4,759.69 4,997.67 49,339.16 51,806.04 54,396.16 57,116.02 59,972.12 Planning Manager midmngt 262 11/27/2021 42.3060 44.4213 46.6424 48.9745 51.4232 7,333.04 7,699.69 8,084.68 8,488.91 8,913.36 87,996.48 92,396.20 97,015.88 101,866.70 106,960.10 Planning/Building Technician general 193 8/21/2021 22.1095 23.2150 24.3758 25.5946 26.8743 3,832.31 4,023.93 4,225.14 4,436.40 4,658.22 45,987.76 48,287.20 50,701.56 53,236.56 55,898.70 Plans Examiner I general 840 8/21/2021 29.1251 30.5813 32.1104 33.7159 35.4018 5,048.36 5,300.76 5,565.81 5,844.08 6,136.31 60,580.26 63,609.26 66,789.58 70,129.28 73,635.64 Plans Examiner II general 342 8/21/2021 32.0376 33.6395 35.3215 37.0875 38.9420 5,553.19 5,830.85 6,122.39 6,428.49 6,749.95 66,638.26 69,970.16 73,468.72 77,142.26 80,999.36 Police Captain cpma 402 11/27/2021 60.3405 63.3574 66.5256 69.8515 73.3443 10,459.02 10,981.95 11,531.11 12,107.59 12,713.00 125,508.24 131,783.34 138,373.30 145,291.12 152,556.04 Police Chief * executive 808 12/25/2021 88.8063 15,393.09 184,717.08 Police Cpl./Detective police 510 8/21/2021 38.0405 39.9426 41.9397 44.0367 46.2384 6,593.69 6,923.39 7,269.54 7,633.04 8,014.65 79,124.24 83,080.66 87,234.42 91,596.44 96,175.82 Police Dispatcher I dispatch 603 9/4/2021 21.0836 22.1379 23.2447 24.4070 25.6273 3,654.50 3,837.23 4,029.07 4,230.55 4,442.06 43,853.94 46,046.78 48,348.82 50,766.56 53,304.68 Police Dispatcher II dispatch 605 9/4/2021 23.2423 24.4043 25.6248 26.9060 28.2513 4,028.68 4,230.09 4,441.62 4,663.71 4,896.88 48,344.14 50,761.10 53,299.48 55,964.48 58,762.60 Police Lieutenant cpma 401 11/27/2021 54.8550 57.5976 60.4779 63.5014 66.6766 9,508.20 9,983.59 10,482.83 11,006.91 11,557.28 114,098.40 119,803.06 125,793.98 132,082.86 138,687.38 Police Officer police 508 8/21/2021 34.2615 35.9746 37.7733 39.6621 41.6452 5,938.66 6,235.58 6,547.36 6,874.77 7,218.50 71,263.92 74,826.96 78,568.36 82,497.22 86,621.86 Police Officer Trainee police2 507 8/21/2021 25.2855 26.5496 27.8772 29.2713 30.7347 4,382.84 4,601.94 4,832.06 5,073.68 5,327.34 52,594.10 55,223.22 57,984.68 60,884.20 63,928.02 Police Records Supervisor midmngt 610 11/27/2021 23.8792 25.0731 26.3268 27.6431 29.0253 4,139.05 4,346.01 4,563.31 4,791.47 5,031.04 49,668.84 52,152.10 54,759.90 57,497.70 60,372.52 Police Sergeant police 511 8/21/2021 45.3347 47.6014 49.9817 52.4805 55.1046 7,858.02 8,250.91 8,663.50 9,096.62 9,551.47 94,296.28 99,010.86 103,962.04 109,159.44 114,617.62 Police Services Clerk I general 601 8/21/2021 16.2501 17.0627 17.9158 18.8116 19.7521 2,816.69 2,957.54 3,105.40 3,260.67 3,423.70 33,800.26 35,490.52 37,264.76 39,128.18 41,084.42 Police Services Clerk II general 602 8/21/2021 17.0621 17.9152 18.8109 19.7515 20.7391 2,957.43 3,105.30 3,260.55 3,423.59 3,594.77 35,488.96 37,263.46 39,126.88 41,082.86 43,137.12 Police Support Services Manager midmngt 512 11/27/2021 35.4489 37.2213 39.0824 41.0365 43.0884 6,144.47 6,451.70 6,774.28 7,112.99 7,468.66 73,733.66 77,420.46 81,291.60 85,355.92 89,623.82 Power Line Helper ibew 905 12/30/2017 27.7414 29.1285 30.5849 32.1141 33.7198 4,808.51 5,048.94 5,301.38 5,566.45 5,844.76 57,702.06 60,587.28 63,616.54 66,797.38 70,137.08 Power Line Technician ibew 918 12/30/2017 41.8401 43.9321 46.1289 48.4353 50.8570 7,252.29 7,614.90 7,995.67 8,395.44 8,815.21 87,027.46 91,378.82 95,948.06 100,745.32 105,782.56 Power Line Technician Apprentice ibew 909 12/30/2017 35.5716 37.3503 39.2178 41.1786 43.2376 6,165.75 6,474.04 6,797.74 7,137.63 7,494.52 73,988.98 77,688.52 81,572.92 85,651.54 89,934.26 Principal Librarian midmngt 211 11/27/2021 30.3920 31.9116 33.5072 35.1826 36.9417 5,267.95 5,531.34 5,807.91 6,098.32 6,403.22 63,215.36 66,376.18 69,695.08 73,179.86 76,838.84 Production Supervisor midmngt 283 11/27/2021 31.2354 32.7971 34.4369 36.1588 37.9668 5,414.13 5,684.84 5,969.06 6,267.53 6,580.91 64,969.58 68,218.02 71,628.96 75,210.46 78,971.10 Public Works & Utilities Director * executive 842 12/25/2021 88.8063 15,393.09 - - - - 184,717.08 Public Works & Utility Inspector ibew2 995 1/1/2022 31.7537 33.3414 35.0085 36.7587 38.5968 5,503.98 5,779.18 6,068.14 6,371.51 6,690.12 66,047.54 69,350.32 72,817.42 76,458.20 80,281.24 Public Works & Water/Wastewater Admin Manager midmngt 200 11/27/2021 45.2325 47.4942 49.8688 52.3623 55.1658 7,840.30 8,232.33 8,643.93 9,076.13 9,562.06 94,083.60 98,787.78 103,727.26 108,913.48 114,744.50 Public Works Director * executive 806 12/25/2021 88.8063 15,393.09 184,717.08 Public Works Engineering Superintendent midmngt 298 11/27/2021 53.4393 56.1113 58.9168 61.8627 65.1657 9,262.81 9,725.97 10,212.25 10,722.88 11,295.39 111,153.90 116,711.66 122,547.10 128,674.52 135,473.78 Public Works Equipment Operator II general 124 8/21/2021 20.6742 21.7080 22.7933 23.9330 25.1296 3,583.53 3,762.73 3,950.85 4,148.39 4,355.79 43,002.18 45,152.38 47,409.96 49,780.38 52,269.62 Public Works Superintendent midmngt 997 11/27/2021 36.8577 38.7006 40.6357 42.6674 44.8008 6,388.66 6,708.11 7,043.52 7,395.69 7,765.48 76,664.12 80,497.30 84,522.10 88,748.14 93,185.56 Public Works Supervisor midmngt 451 11/27/2021 34.7250 36.4612 38.2843 40.1985 42.2084 6,019.00 6,319.93 6,635.95 6,967.74 7,316.13 72,228.00 75,839.40 79,631.24 83,613.14 87,793.68 Purchasing and Customer Service Manager midmngt 224 11/27/2021 46.5037 48.8289 51.2704 53.8339 56.5255 8,060.63 8,463.68 8,886.87 9,331.21 9,797.75 96,727.80 101,564.06 106,642.38 111,974.72 117,573.30

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Attachment: FY22-23 Budget Book (3628 : Budget Adoption - FY2022-23) Job Title Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E ANNUALRevised
Date

FULL TIME CLASSIFICATIONS

SALARY TABLE
MONTHLYHOURLYBargaining
Unit
FY 2021-22
REVISED 5/17/2022
Pay
Grade
Recreation Services Coordinator general 123 8/21/2021 22.1158 23.2216 24.3827 25.6019 26.8819 3,833.40 4,025.07 4,226.34 4,437.66 4,659.52 46,001.02 48,300.98 50,716.12 53,251.90 55,914.56 Recreation Services Manager midmngt 239 11/27/2021 39.8890 41.8834 43.9777 46.1765 48.4854 6,914.09 7,259.78 7,622.80 8,003.93 8,404.14 82,969.12 87,117.68 91,473.72 96,047.12 100,849.58 Senior Accountant midmngt 233 11/27/2021 32.9850 34.6342 36.3660 38.1842 40.0935 5,717.40 6,003.25 6,303.43 6,618.59 6,949.53 68,608.80 72,039.24 75,641.28 79,423.24 83,394.22 Senior Collection System Maintenance Technician ibew2 198 1/1/2022 26.7538 28.0915 29.4961 30.9710 32.5194 4,637.32 4,869.19 5,112.66 5,368.31 5,636.70 55,648.06 58,430.06 61,351.94 64,419.68 67,640.56 Senior Consumer Service Field Rep ibew 906 12/30/2017 30.8734 32.4169 34.0378 35.7396 37.5265 5,351.39 5,618.93 5,899.88 6,194.87 6,504.59 64,216.62 67,427.10 70,798.52 74,338.42 78,055.12 Senior Customer Service Rep general 122 8/21/2021 22.1158 23.2216 24.3827 25.6019 26.8819 3,833.40 4,025.07 4,226.34 4,437.66 4,659.52 46,001.02 48,300.98 50,716.12 53,251.90 55,914.56 Senior Electric Utility Inspector ibew 982 12/30/2017 40.1339 42.1405 44.2475 46.4600 48.7829 6,956.54 7,304.35 7,669.57 8,053.07 8,455.70 83,478.46 87,652.24 92,034.80 96,636.80 101,468.38 Senior Energy Services Specialist midmngt 992 11/27/2021 37.6974 39.5822 41.5613 43.6394 45.8214 6,534.21 6,860.92 7,203.95 7,564.17 7,942.37 78,410.54 82,331.08 86,447.40 90,769.90 95,308.46 Senior Human Resources Analyst cnfdtl 5/17/2022 42.4114 44.5320 46.7586 49.0965 51.5513 7,351.31 7,718.87 8,104.82 8,510.06 8,935.56 88,215.69 92,626.48 97,257.80 102,120.69 107,226.72 Senior Office Specialist general 120 8/21/2021 18.0501 18.9526 19.9003 20.8953 21.9400 3,128.69 3,285.12 3,449.38 3,621.85 3,802.94 37,544.26 39,421.46 41,392.52 43,462.38 45,635.46 Senior Planner midmngt 228 11/27/2021 37.9948 39.8946 41.8893 43.9837 46.1830 6,585.76 6,915.06 7,260.81 7,623.84 8,005.05 79,029.08 82,980.56 87,129.64 91,485.94 96,060.38 Senior Police Dispatcher dispatch 606 9/4/2021 25.5649 26.8431 28.1853 29.5945 31.0743 4,431.25 4,652.81 4,885.44 5,129.71 5,386.20 53,174.94 55,833.70 58,625.32 61,556.56 64,634.44 Senior Risk Management Analyst cnfdtl 5/17/2022 42.4114 44.5320 46.7586 49.0965 51.5513 7,351.31 7,718.87 8,104.82 8,510.06 8,935.56 88,215.69 92,626.48 97,257.80 102,120.69 107,226.72 Senior Substation Electrician ibew 978 12/30/2017 44.1973 46.4071 48.7275 51.1640 53.7221 7,660.86 8,043.90 8,446.10 8,868.43 9,311.84 91,930.28 96,526.82 101,353.20 106,421.12 111,742.02 Senior Utilities Financial Analyst midmngt 213 11/27/2021 40.3422 42.3594 44.4773 46.7012 49.0362 6,992.64 7,342.29 7,709.40 8,094.87 8,499.60 83,911.88 88,107.50 92,512.94 97,138.60 101,995.40 Senior Wastewater Treatment Plant Mechanic ibew2 12/30/2017 30.4333 31.9550 33.5526 35.2303 36.9919 5,275.10 5,538.87 5,815.78 6,106.58 6,411.93 63,301.16 66,466.40 69,789.46 73,278.92 76,943.10 Senior Wastewater Treatment Plant Operator ibew2 161 1/1/2022 34.3311 36.0477 37.8500 39.7426 41.7297 5,950.73 6,248.26 6,560.66 6,888.71 7,233.15 71,408.74 74,979.32 78,728.00 82,664.66 86,797.88 Senior Water Conservation Specialist general 993 8/21/2021 31.7366 33.3234 34.9896 36.7391 38.5760 5,501.01 5,776.06 6,064.86 6,368.11 6,686.51 66,011.92 69,312.62 72,778.42 76,417.12 80,238.08 Senior Water Distribution Operator ibew2 137 1/1/2022 31.0337 32.5854 34.2146 35.9254 37.7216 5,379.17 5,648.14 5,930.53 6,227.08 6,538.41 64,550.20 67,777.58 71,166.42 74,724.78 78,460.98 Senior Water Quality Technician ibew2 991 1/1/2022 33.4571 35.1302 36.8861 38.7309 40.6675 5,799.22 6,089.24 6,393.59 6,713.36 7,049.03 69,591.08 73,070.40 76,639.68 80,560.22 84,588.40 Senior Water Treatment Operator ibew2 137 1/1/2022 31.0337 32.5854 34.2146 35.9254 37.7216 5,379.17 5,648.14 5,930.53 6,227.08 6,538.41 64,550.20 67,777.58 71,166.42 74,724.78 78,460.98 Senior Water Utilities Operator ibew2 12/30/2017 29.9756 31.4743 33.0480 34.7005 36.4354 5,195.78 5,455.55 5,728.32 6,014.76 6,315.48 62,349.30 65,466.44 68,739.84 72,177.04 75,785.58 Service Crew Supervisor ibew 915 12/30/2017 46.0263 48.3276 50.7439 53.2811 55.9451 7,977.88 8,376.79 8,795.61 9,235.40 9,697.16 95,734.60 100,521.46 105,547.26 110,824.74 116,365.86 Storekeeper general 147 8/21/2021 18.2882 19.2026 20.1628 21.1709 22.2294 3,169.95 3,328.44 3,494.88 3,669.63 3,853.09 38,039.56 39,941.46 41,938.52 44,035.42 46,237.10 Substation Electrician ibew 977 12/30/2017 40.1775 42.1864 44.2956 46.5104 48.8359 6,964.10 7,312.31 7,677.91 8,061.80 8,464.89 83,569.20 87,747.66 92,134.90 96,741.58 101,578.62 Substation Electrician Apprentice ibew 976 12/30/2017 35.9178 37.7138 39.5994 41.5793 43.6584 6,225.74 6,537.05 6,863.89 7,207.07 7,567.45 74,708.92 78,444.60 82,366.70 86,484.84 90,809.42 Substation Operations Supervisor ibew 979 12/30/2017 48.9304 51.3769 53.9458 56.6430 59.4751 8,481.27 8,905.33 9,350.60 9,818.12 10,309.02 101,775.18 106,863.90 112,207.16 117,817.44 123,708.26 Substation Superintendent midmngt 225 11/27/2021 54.9401 57.6870 60.5714 63.6000 66.7800 9,522.95 9,999.08 10,499.03 11,024.00 11,575.20 114,275.20 119,989.22 125,988.46 132,288.00 138,902.40 Supervising Communication Dispatcher dispatch 608 9/4/2021 30.6754 32.2090 33.8194 35.5104 37.2859 5,317.04 5,582.87 5,862.03 6,155.13 6,462.89 63,804.52 66,994.46 70,344.30 73,861.58 77,554.62 Transmission/Distr. Superintendent midmngt 217 11/27/2021 54.9401 57.6870 60.5714 63.6000 66.7800 9,522.95 9,999.08 10,499.03 11,024.00 11,575.20 114,275.20 119,989.22 125,988.46 132,288.00 138,902.40 Utilities Business Systems Analyst midmngt 205 11/27/2021 35.1750 36.9338 38.7804 40.7194 42.7554 6,097.00 6,401.85 6,721.94 7,058.02 7,410.94 73,164.00 76,822.46 80,663.44 84,696.30 88,931.44 Utilities Engineer midmngt 297 11/27/2021 41.3114 43.3770 45.5458 47.8231 50.2143 7,160.64 7,518.69 7,894.60 8,289.33 8,703.82 85,927.66 90,224.16 94,735.42 99,472.10 104,445.64 Utilities Executive Assistant midmngt 998 11/27/2021 25.2690 26.5324 27.8591 29.2520 30.7146 4,379.96 4,598.94 4,828.91 5,070.35 5,323.87 52,559.52 55,187.34 57,946.72 60,844.16 63,886.16 Utilities Financial Analyst midmngt 290 11/27/2021 36.1254 37.9318 39.8284 41.8197 43.9107 6,261.74 6,574.84 6,903.58 7,248.74 7,611.18 75,141.04 78,898.04 82,843.02 86,985.08 91,334.36 Utilities Planning Manager midmngt 450 11/27/2021 50.5129 53.0385 55.6904 58.4750 61.3987 8,755.57 9,193.34 9,653.01 10,135.66 10,642.44 105,066.78 110,320.08 115,836.24 121,628.00 127,709.14 Utilities Plans Examiner midmngt 236 11/27/2021 27.8053 29.1956 30.6554 32.1881 33.7975 4,819.58 5,060.58 5,313.61 5,579.27 5,858.23 57,835.18 60,726.90 63,763.18 66,951.30 70,299.06 Utility Resource Analyst midmngt 497 11/27/2021 41.3114 43.3770 45.5459 47.8231 50.2143 7,160.64 7,518.69 7,894.62 8,289.34 8,703.82 85,927.66 90,224.16 94,735.16 99,472.10 104,445.64 Warehouse Supervisor midmngt 275 11/27/2021 24.0165 25.2174 26.4782 27.8021 29.1922 4,162.86 4,371.02 4,589.55 4,819.03 5,059.98 49,954.32 52,452.14 55,074.50 57,828.42 60,719.88 Wastewater Equip Mech-In-Training ibew2 175 1/1/2022 18.2026 19.1128 20.0686 21.0719 22.1255 3,155.12 3,312.88 3,478.56 3,652.47 3,835.09 37,861.46 39,754.78 41,742.74 43,829.50 46,021.04 Wastewater Operator-in-Training ibew2 167 1/1/2022 17.1936 18.0532 18.9558 19.9037 20.8987 2,980.22 3,129.22 3,285.68 3,449.98 3,622.44 35,762.48 37,550.50 39,428.22 41,399.80 43,469.40 Wastewater Treatment Plant Mechanic I ibew2 155 1/1/2022 23.5008 24.6758 25.9100 27.2051 28.5653 4,073.46 4,277.14 4,491.06 4,715.55 4,951.32 48,881.56 51,325.56 53,892.02 56,586.14 59,415.72 Wastewater Treatment Plant Mechanic II ibew2 159 1/1/2022 30.0073 31.5076 33.0830 34.7371 36.4739 5,201.26 5,461.32 5,734.39 6,021.09 6,322.15 62,415.34 65,535.60 68,812.64 72,252.96 75,865.66 Wastewater Treatment Plant Operator I ibew2 133 1/1/2022 25.9729 27.2714 28.6353 30.0667 31.5703 4,501.97 4,727.05 4,963.45 5,211.55 5,472.18 54,023.58 56,724.72 59,561.06 62,539.10 65,665.86 Wastewater Treatment Plant Operator II ibew2 184 1/1/2022 29.8616 31.3549 32.9223 34.5686 36.2971 5,176.01 5,434.85 5,706.54 5,991.90 6,291.49 62,111.92 65,218.14 68,478.28 71,902.48 75,498.02 Wastewater Utilities Manager midmngt 219 11/27/2021 47.6806 50.0647 52.5678 55.1963 57.9561 8,264.64 8,677.87 9,111.75 9,567.35 10,045.72 99,175.70 104,134.42 109,341.18 114,808.20 120,548.74 Wastewater Utilities Supervisor midmngt 255 11/27/2021 38.0026 39.9027 41.8978 43.9927 46.1923 6,587.12 6,916.47 7,262.28 7,625.39 8,006.66 79,045.20 82,997.46 87,147.32 91,504.92 96,080.14 Water & Wastewater Utilities Superintendent midmngt 299 11/27/2021 55.0739 57.8276 60.7190 63.7549 66.9426 9,546.14 10,023.45 10,524.63 11,050.85 11,603.39 114,553.66 120,281.46 126,295.52 132,610.14 139,240.66 Water Conservation Specialist general 189 8/21/2021 28.7745 30.2132 31.7239 33.3100 34.9756 4,987.58 5,236.96 5,498.81 5,773.73 6,062.43 59,850.96 62,843.56 65,985.66 69,285.06 72,749.04 Water Distribution Operator I ibew2 100 1/1/2022 23.1248 24.2810 25.4951 26.7697 28.1083 4,008.29 4,208.70 4,419.16 4,640.08 4,872.10 48,099.48 50,504.74 53,029.60 55,681.08 58,465.16 Water Distribution Operator II ibew2 146 1/1/2022 25.6989 26.9839 28.3331 29.7498 31.2371 4,454.47 4,677.21 4,911.07 5,156.63 5,414.42 53,453.66 56,126.20 58,933.16 61,879.48 64,973.48 Water Distribution Operator III ibew2 181 1/1/2022 29.5551 31.0327 32.5843 34.2135 35.9242 5,122.88 5,378.99 5,647.94 5,930.34 6,226.86 61,474.40 64,548.12 67,775.24 71,164.34 74,722.18 Water Equipment Operator I ibew2 12/30/2017 18.6728 19.6064 20.5866 21.6160 22.6966 3,236.61 3,398.44 3,568.35 3,746.78 3,934.08 38,839.32 40,781.26 42,820.18 44,961.28 47,208.98 Water Equipment Operator II ibew2 171 1/1/2022 21.4550 22.5275 23.6541 24.8366 26.0785 3,718.87 3,904.76 4,100.05 4,305.02 4,520.27 44,626.40 46,857.20 49,200.58 51,659.92 54,243.02 Water Quality Specialist ibew2 183 1/1/2022 29.8678 31.3612 32.9290 34.5755 36.3043 5,177.09 5,435.94 5,707.69 5,993.09 6,292.75 62,124.66 65,231.40 68,492.32 71,917.30 75,513.10 Water Quality Technician I ibew2 100 1/1/2022 23.1248 24.2810 25.4951 26.7697 28.1083 4,008.29 4,208.70 4,419.16 4,640.08 4,872.10 48,099.48 50,504.74 53,029.60 55,681.08 58,465.16 Water Quality Technician II ibew2 146 1/1/2022 25.6989 26.9839 28.3331 29.7498 31.2371 4,454.47 4,677.21 4,911.07 5,156.63 5,414.42 53,453.66 56,126.20 58,933.16 61,879.48 64,973.48 Water Treatment Operator I ibew2 100 1/1/2022 23.1248 24.2810 25.4951 26.7697 28.1083 4,008.29 4,208.70 4,419.16 4,640.08 4,872.10 48,099.48 50,504.74 53,029.60 55,681.08 58,465.16 Water Treatment Operator II ibew2 146 1/1/2022 25.6989 26.9839 28.3331 29.7498 31.2371 4,454.47 4,677.21 4,911.07 5,156.63 5,414.42 53,453.66 56,126.20 58,933.16 61,879.48 64,973.48 Water Treatment Operator III ibew2 181 1/1/2022 29.5551 31.0327 32.5843 34.2135 35.9242 5,122.88 5,378.99 5,647.94 5,930.34 6,226.86 61,474.40 64,548.12 67,775.24 71,164.34 74,722.18 Water Utilities Manager midmngt 269 11/27/2021 47.5736 49.9523 52.4499 55.0725 57.8260 8,246.10 8,658.40 9,091.32 9,545.90 10,023.18 98,953.14 103,900.94 109,095.74 114,550.54 120,278.08 Water Utilities Operator ibew2 154 1/1/2022 26.9807 28.3296 29.7462 31.2335 32.7952 4,676.65 4,910.46 5,156.00 5,413.80 5,684.51 56,119.96 58,925.36 61,872.20 64,965.68 68,213.86 Water Utilities Supervisor midmngt 254 11/27/2021 38.0011 39.9012 41.8962 43.9911 46.1906 6,586.86 6,916.20 7,262.01 7,625.12 8,006.37 79,042.34 82,994.34 87,144.20 91,501.54 96,076.50 * Executive unit members on contract with maximum allowable salary amounts listed in Step E The City of Colton salary schedule may be updated intermittently to include salary revisions contractually provisioned by Council-approved MOUs

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Attachment: FY22-23 Budget Book (3628 : Budget Adoption - FY2022-23) Hourly Hourly
Job Title
Job
Code
Pay
Grade Step A Step B Step C
Community Child Care Teacher 424 010 19.54 20.13 20.73
Community Child Care Teacher's Aide 425 007 17.54 18.07 18.61 Community Child Care Teacher's Helper 426 003 15.75 16.22 16.71 Fire Prevention Specialist (Retired Annuitant) 711 056 30.84 General Laborer 811 044 15.00 15.60 16.22
Library Page I 436 042 15.00 15.45 15.91
Library Specialist 439 057 18.61 19.17 19.75
Library Technician 438 058 16.71 17.21 17.73
Lifeguard 415 019 16.50 17.00 17.50
Management Intern I 141 021 18.00 18.72 19.47
Management Intern II 142 986 22.00 22.88 23.80
Police Cadet 615 006 15.00 15.60 16.22
Police Stenographer 650 016 16.76 17.43 18.13
Pool Manager 417 028 20.47 21.09 21.72
Recreation Leader 412 001 15.00 15.45 15.91
Recreation Specialist 414 018 18.61 19.17 19.75
Senior Lifeguard 416 020 18.38 18.93 19.50
Senior Recreation Leader 413 013 16.71 17.21 17.73
SALARY TABLE EFFECTIVE 01/01/2022

PART TIME CLASSIFICATIONS

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Attachment: FY22-23 Budget Book (3628 : Budget Adoption - FY2022-23)

FUND DESCRIPTIONS

GENERAL FUND
This is the primary fund used to account for all general revenues of the City (e.g. property, sales, and transient occupancy taxes). In general, these funds are allocated at the discretion of the City Council.

This revenue is used to support citywide services such as public safety, community services, planning and community development, and administrative support services.

SPECIAL REVENUE FUNDS
Special Revenue Funds are used to account for the proceeds of specific revenue sources (other than special assessments, expendable trusts, or major capital projects), that are restricted to expenditures for special purposes. The following funds have been classified as other governmental funds:

GAS TAX FUND - to account for monies received and expended from State Gas Tax allocations.

COMMUNITY CHILD CARE FUND - to account for monies received and expended from State Department of Education.

LIBRARY GRANT FUND - to account for monies received and expended from various grant sources.

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUND - to account for monies received and expended by the City as a participant in the Federal Community Development Block Grant Program.

STATE TRAFFIC RELIEF FUND - to account for monies received from SB 1 for s treet pavement maintenance, rehabilitation, and reconstruction projects.

ASSET SEIZURE FUND - to account for monies received and property seized as a result of judicial forfeitures.

AIR QUALITY FUND - to account for monies received from AQMD for Alternate Fuel Program and Trip Reduction.

DRUG/GANG INTERVENTION FUND - to account for monies received from Asset Seizure for anti-gang education.

LOCAL FISCAL RECOVERY FUND - to account for monies received from Asset Seizure for anti-gang education.

HOST CITY FEES FUND - to account for monies received and expended from the US Treasury Department for the Coronavirus State and Local Fiscal Recovery Funds program, a part of the American Rescue Plan to support response to and recovery from the COVID -19 pu blic health emergency.

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Attachment: FY22-23 Budget Book (3628 : Budget Adoption - FY2022-23) STORM WATER FUND - to account for monies received and expended for the maintenance of storm drains.

LOCAL TRANSPORTATION (MEASURE I) FUND - to account for monies received from a portion of sales tax revenue restricted to fund transportation related activities.

ViTEP FUND - this fund was setup using a grant from the Office of Traffic Safety to tow cars belonging to unlicensed drivers within the City. For continuation of the program revenue is now derived from citation of traffic violators within the City.

LOCAL FISCAL RECOVERY FUND - to account for monies received and expended in accordance with the American Rescue Plan Act of 2021.

MISCELLANEOUS GRANTS FUND - to account for monies received and expended from various grant sources.

HOUSING AUTHORITY FUND - to account for activities related to protecting local housing funds and programs, providing new revenue opportunities for affordable housing programs, promoting public safety and welfare, and ensuring decent, safe, sanitary a nd affordable housing accommodations to persons of low income within the City.

DEBT SERVICE FUNDS
Debt Service Funds are used to account for the accumulation of resources for, and the payment of, long-term debt principal, interest and related costs other than those being financed by proprietary funds.

PUBLIC FINANCING AUTHORITY (PFA) FUND - this fund is used to accumulate resources for the payment of principal and interest on long-term debt for the City.

TAXABLE PENSION FUNDING BONDS FUND - this fund is used to accumulate resources for the payment of principal and interest on the amount borrowed for purposes of funding the City’s enterprise funds’ previously unfunded pension liability.

WATER IMPROVEMENT DISTRICT A FUND - this fund is used to accumulate resources for the payment of principal and interest incurred for the reconstruction of water facilities of the James Sullivan Mutual Water Company, acquired by the City of Colton in 1988.

CAPITAL PROJECTS FUNDS
Capital Projects Funds are used to account for f inancial resources to be used for the acquisition or construction of major facilities other than those financed by Proprietary, Special Assessment, and/or Trust Funds. The following funds have been classified as other governmental funds.

CAPITAL IMPROVEME NTS FUND - to account for the General City capital projects. The funding for these projects is primarily from Measure I, Gas Tax and the General Fund.

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Attachment: FY22-23 Budget Book (3628 : Budget Adoption - FY2022-23) COLTON CROSSING FUND - to account for funds relating to the Laurel/Hunts Lane Separation Project which are funded by Local Stimulus Funds, Proposition 42, Traffic Relief Funds and Traffic Impact Fees.

PARK DEVELOPMENT FUND - to account for monies received from new development dedicated to building of new park facilities.

TRAFFIC IMPACT FEE FUND - to accou nt for monies received from new development dedicated to building new traffic-related infrastructure.

NEW FACILITIES FUND - to account for monies received from new development dedicated to building of new Library facilities.

CIVIC CENTER DEVELOPMENT FEE FUND - to account for monies received from new development dedicated to building of a new civic center facility.

FIRE FACILITY DEVELOPMENT FEE FUND - to account for monies received from new development dedicated to building of new fire facility.

POLICE FACILITY DEVELOPMENT FEE FUND - to account for to account for monies received from new development dedicated to building of new police facility.

INTERNAL SERVICE FUNDS
Internal Service Funds finance and account for goods and services provided by one City department to other City departments, or to other governments, on a cost -reimbursement basis, including depreciation. The City used the following Internal Service Funds:

FACILITY AND EQUIPMENT MAINTENANCE FUND - to account for the City's buildings maintenance and utilities costs.

INFORMATION SERVICES FUND - to account for the City’s information services.

INSURANCES FUND - to account for the City’s liabilities for claims and judgments.

AUTOMOTIVE SHOP FUND - to account for the City’s fleet maintenance and replacement.

ENTERPRISE FUNDS
Enterprise Funds are used to report the same functions presented as business -type activities in the government-wide financial statements. The City uses enterprise funds to account for its Electric, Water and Wastewater activities.

ELECTRIC UTILITY FUND – to account for the activities, including fixed assets, relating to the Electric Utility.

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Attachment: FY22-23 Budget Book (3628 : Budget Adoption - FY2022-23) WATER UTILITY FUND – to account for the activities, including fixed assets, relating to the Water Utility.

WASTEWATER UTILITY FUND - to account for the activities, including fixed assets, relating to the Wastewater Utility.

PUBLIC BENEFIT FUND - to account for the restricted funds receipted from collection of a usage-based charge on local distribution service required by the State of California Public Utility Code.

SOLID WASTE FUND - to account for the revenues and expenditures related to Solid Waste activities.

AGENCY FUNDS
Agency Funds are used to account for assets held by the City as an agent for individuals, private organizations, other governments and/or other funds. Agency Funds operate as a clearing mechanism. Cash resources are collected, held for a brief period and then distributed to the proper recipients. The City has a fiduciary responsibility for the assets, which it does not own. The following are classified as agency funds in the financial statements.

GENERAL DEPOSIT FUND - to account for deposits placed with the City for future services, and trust funds awaiting remittance to relevant service provider.

ASSESSMENT DISTRICT FUNDS - to account for funds collected from Assessment Districts.

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Attachment: FY22-23 Budget Book (3628 : Budget Adoption - FY2022-23)

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RESOLUTION NO. R-49-22

RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF COLTON, CALIFORNIA ADOPTING THE

BUDGET FOR THE FISCAL YEAR COMMENCING
JULY 1, 2022 AND ENDING JUNE 30, 2023

WHEREAS, the City Manager of the City of Colton has prepared the proposed annual budget for Fiscal Year 2022-23 which sets forth all of the expected revenue and the recommended appropriations to meet the operating and capital needs for all of the City’s operations; and

WHEREAS, the City held a series of public budget workshops wherein staff presented the budget, in detail by department, to the City Council; and

WHEREAS, at the end of the workshops, the City Council provided further direction regarding the recommendations contained in the Fiscal Year 20 22-23 Proposed Budget and modified them so as to best serve the interests of the citizens of the City of Colton.

NOW, THEREFORE , THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows:

SECTION 1 : The Recommended Budget for the City of Colton for the Fiscal Year commencing July 1, 20 22 and ending June 30, 20 23 as reflected on Attachment A to this resolution is hereby approved, adopted, and incorporated herein.

SECTION 2: The General Fund Transfer (the annual administrative transfer from the Electric Utility Fund to the General Fund) shall not exceed 20% of annual Electric Utility revenues for Fiscal Year 2021-22. The amount of the transfer will be reviewed annually and set during the annual budget process in accordance with voter-approved Measure V.

SECTION 3: The positions identified in the authorized positions list are hereby authorized for funding , and any vacancies are hereby authorized for recruitment and appointment in accordance with the City’s Personnel System Rules and Regulations.

SECTION 4: The job descriptions and salary schedules for the Senior Human Resources Analyst and the Senior Risk Management Analyst classifications are hereby approved.

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Attachment: Resolution R-49-22 (3628 : Budget Adoption - FY2022-23)

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SECTION 5: Staff travel associated with authorized training and conferences in accordance with the amounts and personnel identified in the department budget memorandums is hereby authorized . Position classifications identified with budgeted amounts for travel exceeding the limits set forth in the travel policy are authorized in the amounts as follows:

City Manager, $ 6,500; Public Works and Utilities Director, $3,350; Assistant Utility Director, $6,200; Utilities Planning Manager, $3,350; Utility Resource Analyst, $2,600; Electric Utility System Designer, $3,000; Engineering/GIS Technician, $3,195; GIS Specialist, $3,395; Senior Electric Utility Inspector, $ 1,000; Senior Substation Electrician (J. Clifton), $ 1,750; Substation Superintendent, $1,900; Substation Electrician (each), $1,500; Substation Electrician Apprentice, $1,500; Power Line Technician Apprentice (each), $1,715; Line Crew Supervisor (each), $1, 715; Power Line Technician (each) , $1, 715; Environmental & Conservation Supervisor, $1,900; Senior Energy Services Specialist, $2,500; Information Services Supervisor, $3,500; Finance Director, $4, 000; Purchasing & Customer Service Manager, $2,500; Senior Customer Service Representative, $1,500.

SECTION 6: All recitals stated above are true and correct. Staff’s presentation and all of its attachments and/or other documents distributed to the City Council are also incorporated herein by reference, approved and adopted as findings.

SECTION 7: The FY 2022-23 Budget is in accordance with all applicable ordinances of the City and all applicable statutes of the State.

SECTION 8: At the end of FY 2021-22, certain purchase orders exist as outstanding encumbrances representing contractual obligations of previously budgeted funds. In addition, certain amounts have been included in the FY 2021-22 budget that relate to one-time allocations for specific projects and services, but remain unspent. The outstanding encumbrances and, at the City Manager’s discretion, any unspent one-time allocations are deemed to be re -budgeted as an addition to the budget amounts previously approved in this resolution. All such amounts have been removed from available balances in the FY 20 22-23 projections and therefore have no effect on the available fund balances presented herein.

SECTION 9: Under the direction of the City Manager, the Finance Director may make the reallocation of appropriations within funds. Amendments (Increases/Decreases) to the Budget shall be by approval and Resolution of the City Council.

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Attachment: Resolution R-49-22 (3628 : Budget Adoption - FY2022-23)

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SECTION 10: The City Clerk shall certify the adopti on of the Budget and shall cause to be filed with the County Auditor within 60 days of the adoption, a certified copy of the Budget and Resolution.

APPROVED AND ADOPTED this 17th day of May, 2022.

_____________________________________
FRANK J. NAVARRO
Mayor

ATTEST:

CAROLINA R. PADILLA,
City Clerk

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Attachment: Resolution R-49-22 (3628 : Budget Adoption - FY2022-23) City of Colton
Actual and Projected Fund Balances
Excluding Successor Agency
6/30/2021
FY 2021-22
Revenues
FY 2021-22
Expenditures 6/30/2022 FY2022-23 FY2022-23 6/30/2023
Audited Available Year-End Year-End Fund Balance Adopted Adopted Fund Balance Fund Balance Projection Projection Estimated Revenues Expenditures Estimated General Fund 8,578,560 49,852,166 51,291,896 8,438,830 51,560,715 52,238,333 7,761,212 General Fund Reserve - Settlement 1,300,000 0 0 0 0 0 0 General Fund Reserve - Pension 19,820,872 0 0 19,820,872 0 0 19,820,872 General Fund Reserve - OPEB 7,793,103 0 0 7,793,103 0 0 7,793,103 Total General Fund 37,492,535 49,852,166 51,291,896 36,052,805 51,560,715 52,238,333 35,375,187 Special Revenue Funds
Community Child Care (78,641) 1,088,544 1,064,091 (54,188) 967,163 967,163 (54,188) Special Gas Tax (12,123) 1,391,606 1,372,283 7,200 1,422,232 1,428,892 540 Library Grant Fund 33,527 41,360 86,492 (11,605) 41,360 41,360 (11,605) State Traffic Relief (SB-1) 655,342 1,063,055 1,271,184 447,213 1,235,425 1,235,424 447,214 Air Quality Fund (AQMD) 744,975 55,000 340,165 459,810 55,000 50,000 464,810 CDBG Fund (265,463) 1 1,713,103 1,492,914 (45,274) 493,308 493,308 (45,274) Drug/Gang Intervention 14,575 0 0 14,575 - - 14,575 Measure I Fund 2,450,982 1,083,680 1,528,412 2,006,250 1,125,935 1,124,935 2,007,250 Local Fiscal Recovery Fund - 7,443,000 1,805,576 5,637,424 7,440,000 8,750,050 4,327,374 ViTep 203,564 17,300 0 220,864 - - 220,864
Miscellaneous Grants (221,001) 2 11,816,306 11,194,527 400,778 128,329 128,329 400,778 Host City Fees 1,882,528 683,619 672,609 1,893,538 835,442 226,800 2,502,180 Asset Seizure Fund 434,766 0 60,000 374,766 - - 374,766 Total Special Revenue Funds 5,843,031 26,396,573 20,888,253 11,351,351 13,744,194 14,446,261 10,649,284 Capital Projects Funds
Park Development Fund 3,208,405 269,300 0 3,477,705 810,000 - 4,287,705 Traffic Impact Fee Fund 9,947,135 347,500 1,608,321 8,686,314 422,000 700,000 8,408,314 New Facilities Development Fees 376,159 213,400 0 589,559 196,450 - 786,009 Civic Center Development Fee 123,172 75 0 123,247 - - 123,247 Fire Facility Development Fee 298,415 1,500 0 299,915 - - 299,915 Police Facility Development Fee 385,454 2,000 0 387,454 - - 387,454 Capital Improvement Fund 83,513 3,264,039 3,260,965 86,587 17,926 17,926 86,587 Colton Crossing Fund 891,397 0 143,177 748,220 - - 748,220 Total Capital Projects Funds 15,313,651 4,097,814 5,012,463 14,399,001 1,446,376 717,926 15,127,451 Debt Service Funds
Public Financing Authority 1,031,348 911,683 906,533 1,036,498 903,173 903,235 1,036,436 Taxable Pension Bonds 1,730,629 2,167,614 2,066,922 1,831,321 2,242,960 2,130,984 1,943,297 Water Improvement District A (15,511) 32,029 31,567 (15,049) 32,278 31,567 (14,338) Total Debt Service Funds 2,746,466 3,111,326 3,005,022 2,852,770 3,178,411 3,065,786 2,965,395 CFD's and Assessment Districts
CFD 87-1 25,172 8 21,663 3,517 - 3,517 0
CFD 88-1 315,624 68 311,908 3,784 - 3,784 (0)
CFD 89-1 Debt Service 68,287 0 64,760 3,527 - 3,527 0 CFD 89-2 Construction - 0 0 - - - -
CFD 89-2 Debt Service 170,793 0 167,194 3,599 - 3,599 0 CFD 90-1 Debt Service 69,156 0 65,657 3,499 - 3,499 (0) Storm Water 1,287,916 637,559 785,711 1,139,764 637,959 1,285,850 491,873 LLMD #1 70,440 335,120 326,472 79,088 332,269 337,698 73,659 LLMD #2 (6,457) 167,915 137,872 23,586 170,888 171,678 22,796 Total CFD's and Assessment Districts 2,000,932 1,140,670 1,881,237 1,260,364 1,141,116 1,813,152 588,328 Enterprise Funds
Electric Utility 41,976,428 57,519,758 79,253,844 20,242,342 58,763,386 69,928,806 9,076,922 Public Benefit Fund 2,388,522 541,845 2,614,645 315,722 823,400 1,000,144 138,978 Water Utility 21,700,704 14,731,360 31,866,846 4,565,218 14,834,736 13,520,684 5,879,270 Wastewater Utility 7,504,474 10,620,608 16,626,253 1,498,829 10,331,380 11,108,345 721,864 Solid Waste (171,406) 3,026,667 3,026,659 (171,398) 3,114,263 3,080,633 (137,768) Cemetery Endowment 1,035,311 12,600 0 1,047,911 - - 1,047,911 Total Enterprise Funds 74,434,033 86,452,838 133,388,247 27,498,624 87,867,165 98,638,612 16,727,177 1 Attachment A 4.c
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Attachment: Resolution R-49-22 Attachment A (3628 : Budget Adoption - FY2022-23) City of Colton
Actual and Projected Fund Balances
Excluding Successor Agency
6/30/2021
FY 2021-22
Revenues
FY 2021-22
Expenditures 6/30/2022 FY2022-23 FY2022-23 6/30/2023
Audited Available Year-End Year-End Fund Balance Adopted Adopted Fund Balance Fund Balance Projection Projection Estimated Revenues Expenditures Estimated Internal Service Funds
Facility & Equip Maint. Fund 2,835,430 837,949 1,920,297 1,753,082 949,642 2,403,132 299,592 Automotive Shop 2,230,864 740,337 809,438 2,161,763 746,550 794,550 2,113,763 Information Services 1,582,249 898,893 1,313,989 1,167,153 893,838 1,133,838 927,153 Insurances Fund (1,518,661) 5,104,018 5,993,081 (2,407,724) 7,388,579 7,485,597 (2,504,742) Total Internal Service Funds 5,129,882 7,581,197 10,036,805 2,674,274 9,978,609 11,817,117 835,766 Housing Authority
Rancho Med Park Development 0 0 0 0 0 0 0
Rancho Med Bond Proceeds 0 0 0 0 0 0 0
LMI Asset Fund 0 0 0 0 0 0 0
Low/Mod Bond Proceeds 0 0 0 0 0 0 0
Rancho Med CHFA 0 0 0 0 0 0 0
Rancho Med Park Operations 0 0 0 0 0 0 0
Low/Mod Debt Service 0 0 0 0 0 0 0
Low/Mod Capital Projects 953,025 0 0 953,025 0 0 953,025 Total Housing Authority 953,025 0 0 953,025 0 0 953,025 Grand Totals 143,913,553 178,632,583 225,503,923 97,042,213 168,916,586 182,737,187 83,221,612 1 Includes unearned revenue of $289,376 as of June 30, 2020 2 Includes unearned revenue of $649,730 as of June 30, 2020 2 4.c
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Attachment: Resolution R-49-22 Attachment A (3628 : Budget Adoption - FY2022-23)

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RESOLUTION NO. R-50-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON

APPROVING AND ADOPTING THE ANNUAL GANN
LIMIT FOR THE FISCAL YEAR 2022-23

WHEREAS, the voters of California, on November 6, 1979, added Article XIII-B to the State Constitution placing various limitations on the appropriations of the state and local governments; and
WHEREAS, Article XIII-B provides that the appropriations limit for the Fiscal Year 2021-22 is calculated by adjusting the base year appropriations of Fiscal Year 1978 -79 for changes in the cost of living and population; and
WHEREAS, the City of Colton has complied with all the provisions of Article XIII-B in determining the appropriations limit for Fiscal Year 2022-23 utilizing the County population index; and
NOW, THEREFORE, BE IT RESOLVED that the appropriations limit for Fiscal Year 2022-23 shall be $99,287,488 for the City of Colton as reflected in Schedules A and B, and; BE IT FURTHER RESOLVED, that for the Fiscal Year 2022-23, the City of Colton selects the California percentage change in per capita income as its cost -of-living index change as determined by the California State Department of Finance and that the City of Colton selects the population index change for the County as a whole instead of the change in City population as its population index change.

PASSED, APPROVED AND ADOPTED this 17th day of May, 2022.

_____________________________________
FRANK J. NAVARRO, Mayor

ATTEST:

CAROLINA R. PADILLA, City Clerk

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Attachment: Resolution R-50-22 (3628 : Budget Adoption - FY2022-23) Schedule A

CITY OF COLTON
2022-23 APPROPRIATIONS LIMITATION
As indicated by Schedules A and B, the percentage increase to Colton's Appropriation Limit is

1.0770% The 2022-23 limit is $ 99,287,488 . The amount subject to limitation in the Fiscal Year 2022-23 Adopted Budget is $ 29,907,000 . The City of Colton is $ 69,380,488 under its lawful limitation.

The calculation consists of two (2) factors:

A. Prior Year's limit 92,188,452
B. Adjustment factors:
a. Price factor (per capita change) 1.0755
b. County Population % increase 1.0014
Total Adjustment % (a * b) 1.0770
C. Annual Adjustment (A * B) 99,287,488
D. Other Adjustments -
E. 2022-2023 Appropriation Limit 99,287,488
Appropriations Subject to Limitation:
2022-2023 Year Limit 99,287,488
Proceeds from Taxes - Appropriations Subject to Limitation (29,907,000) Total Under the Limitation 69,380,488

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Attachment: Resolution R-50-22 Sch A (3628 : Budget Adoption - FY2022-23) Schedule B

CITY OF COLTON

SCHEDULE OF ESTIMATED REVENUES

PROCEEDS AND NON-PROCEEDS OF TAXES
Proceeds Non-Proceeds Total
of of Proceeds /
Taxes Taxes Non-Proceeds
General Fund
Taxes
Property Taxes - Current Year Secured 7,075,000 7,075,000 Sales and Use Taxes 13,256,000 13,256,000
Franchises 2,062,170 2,062,170
Other taxes 2,536,000 2,536,000
Licenses & Permits 2,137,114 2,137,114
Fines & Forfeitures 571,000 571,000
Use of Money & Property 165,000 165,000
Intergovernmental Revenue 1,408,581 1,408,581
Property Tax in Leiu of Sales Tax - -
Property Tax in Lieu of VLF 7,040,000 7,040,000
Charges for Current Services - User Fees 3,034,350 3,034,350 Miscellaneous Revenue 12,275,500 12,275,500
Net - Transfers - -
Total proceeds from taxes 29,907,000
Total Proceeds from other sources 21,653,715
Total General Fund Revenue 51,560,715
Note: only the General Fund has taxes as a
source of revenue.

Based on the 2022-2023 Budget
Staff Recommended

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Attachment: Resolution R-50-22 Sch B (3628 : Budget Adoption - FY2022-23)

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RESOLUTION NO. CHA-02-22

RESOLUTION OF THE HOUSING AUTHORITY OF THE

CITY OF COLTON, CALIFORNIA ADOPTING THE

BUDGET FOR THE FISCAL YEAR COMMENCING
JULY 1, 2021 AND ENDING JUNE 30, 2022

WHEREAS, the City Manager of the City of Colton has prepared the proposed annual budget for Fiscal Year 2022-23 which sets forth all of the expected revenue and the recommended appropriations to meet the operating and capital needs for all of the City’s operations; and

WHEREAS, the Colton Housing Authority operations are incorporated in the Recommended Budget for the City of Colton for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023.

NOW, THEREFORE, THE HOUSING AUTHORITY OF THE CITY OF COLTON DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows:

SECTION 1. The Budget for the City of Colton for the Fiscal Year commencing July 1, 20 22 and ending June 30, 20 23, which includes Housing Authority operations, is hereby approved and adopted and incorporated herein.

SECTION 2. The Approved Budget is in accordance with all applicable ordinances of the City and all applicable statutes of the State.

SECTION 3. At the end of FY 2021-22, certain purchase orders exist as outstanding encumbrances representing contractual obligations of previously budgeted funds. In addition, certain amounts have been included in the FY 2021-22 budget that relate to one-time allocations for projects and services, but remain unspent. The outstanding encumbrances and, at the City Manager’s discretion, any unspent one -time allocations are deemed to be re -budgeted as an addition to the budget amounts previously approved in this resolution. All such amounts have been removed from available balances in the FY 2022-23 projections.

SECTION 4. Under the direction of the City Manager, the Finance Director may make the reallocation of appropriations within funds. Amendments (Increases/Decreases) to the Budget shall be by approval and Resolution of the Colton Housing Authority.

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Attachment: Resolution CHA-02-22 (3628 : Budget Adoption - FY2022-23)

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SECTION 5. The City Clerk shall certify the adopting of the Budget and shall cause to be filed with the County Auditor within 60 days of the adoption, a certified copy of the Budget and Resolution.

APPROVED AND ADOPTED this 17th day of May, 2022.

_____________________________________
FRANK J. NAVARRO
Mayor

ATTEST:

CAROLINA R. PADILLA,
City Clerk

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Attachment: Resolution CHA-02-22 (3628 : Budget Adoption - FY2022-23)

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RESOLUTION NO. CUA-02-22

RESOLUTION OF THE UTILITY AUTHORITY OF THE

CITY OF COLTON, CALIFORNIA ADOPTING THE

BUDGET FOR THE FISCAL YEAR COMMENCING
JULY 1, 2022 AND ENDING JUNE 30, 2023

WHEREAS, the City Manager of the City of Colton has prepared the proposed annual budget for Fiscal Year 2022-23 which sets forth all of the expected revenue and the recommended appropriations to meet the operating and capital needs for all of the City’s operations; and

WHEREAS, the Colton Utility Authority is comprised of the City’s water and wastewater operations which are incorporated in the Recommended Budget for the City of Colton for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023.

NOW, THEREFORE, THE UTILITY AUTHORITY OF THE CITY OF COLTON DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows:

SECTION 1. The Budget for the City of Colton for the Fiscal Year commencing July 1, 20 22 and ending June 30, 20 23, which includes Utility Authority operations, is hereby approved and adopted and incorporated herein.

SECTION 2. The Approved Budget is in accordance with all applicable ordinances of the City and all applicable statutes of the State.

SECTION 3. At the end of FY 20 21-22, certain purchase orders exist as outstanding encumbrances representing contractual obligations of previously budgeted funds. In addition, certain amounts have been included in the FY 2021-22 budget that relate to one-time allocations for projects and services, but remain unspent. The outstanding encumbrances and, at the City Manager’s discretion, any unspent one -time allocations are deemed to be re -budgeted as an addition to the budget amounts previously approved in this resolution. All such amounts have been removed from available balances in the FY 2022-23 projections.

SECTION 4. Under the direction of the City Manager, the Finance Director may make the reallocation of appropriations within funds. Amendments (Increases/Decreases) to the Budget shall be by approval and Resolution of the Colton Utility Authority.

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Attachment: Resolution CUA-02-22 (3628 : Budget Adoption - FY2022-23)

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SECTION 5. The City Clerk shall certify the adopting of the Budget and shall cause to be filed with the County Auditor within 60 days of the adoption, a certified copy of the Budget and Resolution.

APPROVED AND ADOPTED this 17th day of May, 2022.

_____________________________________
FRANK J. NAVARRO
Mayor

ATTEST:

CAROLINA R. PADILLA,
City Clerk

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Attachment: Resolution CUA-02-22 (3628 : Budget Adoption - FY2022-23)

CITY OF COLTON

SENIOR HUMAN RESOURCES ANALYST

DEFINITION:

Under limited direction, performs a wide variety of highly complex professional, technical and analytical activities in support of the City's Human Resource management programs, including recruitme nt and selection, classification and compensation, training and development, employee and labor re lations, benefits and workers' compensation; and performs related work as assigned. The Senior Human Resources Analyst supervises and directs support staff an d is an exempt management level position.

Provides responsible and complex assistance to the Human Resources Director and oversees the day - to-day functions of departmental staff.

DISTINGUISHING CHARACTERISTICS:

The Senior Human Resources Analyst is the advanced management level responsible for performing difficult, complex professional work in one or more assigned functional areas of human resource management. Incumbents provide professional advice and counsel to City management, supervisors and staff and perform their responsibilities with a significant degree of independence and application of professional experience and judgment. The Senior Human Resources Analyst also provides lead supervision of other professional and support human resources staff.

Senior Human Resources Analyst is distinguished from Human Resources Analyst in that performs more difficult, complex and sensitive work of greater Citywide impact requiring broader professional knowledge and experience.

SUPERVISION EXERCISED:

Exercises direct supervision over assigned technical, clerical and/or volunteer staff.

ESSENTIAL FUNCTIONS: (include but are not limited to the following)  Oversee the day-to-day administrative functions of the department and staff.  Provides lead work, direction, and guidance to human resources staff to ensure a high performance, service-oriented work environment which supports achieving department and City mission, strategic plan and objectives; develops, recommends and implements work processes and procedures to streamline department work flow.
 Analyze legislation and regulations to determine the effect on City personnel programs.  Conducts a variety of special projects as directed by the Human Resources Director.  Assist in the development and implementation of depart ment goals, objectives, policies and procedures, analyze and recommend strategies to improve effectiveness and/or operations.  Answers questions and provides guidance to staff in interpreting laws, regulations, policies and rules.  Oversee and participates in developing the department's annual budget and monitoring expenditures; purchasing, and contracts.
 Ensure adequate records retention of legal, employment, human resources and other documents.  Recommend and implement recruitment and selection programs, p lans and strategies; conduct outreach recruitment programs to obtain qualified candidates; assist in the entire recruitment process. make job offers to successful candidates; counsel applicants regarding employment opportunities and selection processes.
 Ensure compliance with applicable federal, state and local laws, regulations and guidelines.  Participate in and assist with the City negotiation process and in the labor relations process; communicate with managers, staff and employee associations on City l abor relations and MOU issues; consults with employees and their representatives to identify and resolve employee/employer-related problems and issues; provide positive working relationships  Leads in employee relations and resolution of disputes; works wi th managers and supervisors to resolve performance and conduct issues; recommends corrective action and reward strategies,

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Attachment: Senior Human Resources Analyst Job Description (3628 : Budget Adoption - FY2022-23)

SENIOR HUMAN RESOURCES ANALYST

CITY OF COLTON

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subject to management concurrence; advise managers and supervisors on positive employee relations practices.
 Lead and participate in conducting a City-wide salary survey and conducts the more complex organizational and position classification studies; audits and prepares new or modified class specifications; recommends the classification of new or modified positions, classes and class s eries; designs and conducts special surveys and studies regarding compensation and other human resource management issues; recommends salary structure or benefit program changes based on studies and analyses.
 Oversee workers’ compensation claims activities and injured workers’ return to duty and return to work program ; work with city departments to arrange for modified or alternate work assignments and/or to provide reasonable work accommodations for employees with work related and non -work related injuries.
 Develop and present a variety of employee training and development programs; assist management in identifying training and development courses and programs for their staff; coordinates employee training programs with public and private organizations.  Assist in the administration of the City's employee benefit programs; answers management and employee questions regarding benefits programs and options and takes action to resolve employee and third-party insurance provider problems; assists employees in appl ying for short -term and long - term disability benefits and follows up with third party insurance providers regarding issues.  Provides guidance and assistance to City management and staff on a wide variety of human resources issues and concerns; interprets p olicies, procedures, rules, regulations, applicable laws and labor contract provisions for managers, staff and the public.  Oversee the employee recognition award program and other special events relating to department responsibility.
 Assists Risk Management with liability and workplace health and safety issues.  Administer and oversee specialty programs as needed, such as the COVID-19 Prevention Program.  Administer and oversee the NEOGOV software system for recruitment, onboard, performance evaluations, forms and training.
 May serve on a variety of City committees and task forces.  Maintain prompt and regular attendance.
 Perform other related duties as required.

QUALIFICATIONS
Education and/or Experience:

A typical way of obtaining the required qualification s is to possess five (5) years of progressively responsible and varied experience in human resources management, including at least two years in or working with a governmental agency and a bachelor’s degree from an accredited college/university in public administration, business administration, human resources, behavioral science or a related field.

License/Certificate:

Possession of a valid Class C California driver’s license.

Possession of a Bachelors degree from an accredited college/university .

KNOWLEDGE/ABILITIES/SKILLS:

Knowledge of:

General principles and practices of administering human resources programs ; organizational and management practices, including methods and techniques of operations of full service municipalities; applicable federal, s tate, and local laws and regulations; best practices in personnel management and employment related practices and legal issues; development and implementation of programs, policies and procedures; analysis and research methods; modern office practices, met hods and procedures; punctuation and grammatical usage; preparation and presentation of financial, statistical, and narrative

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Attachment: Senior Human Resources Analyst Job Description (3628 : Budget Adoption - FY2022-23)

SENIOR HUMAN RESOURCES ANALYST

CITY OF COLTON

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reports; safe driving principles; various office equipment, Microsoft Office, Excel and Power Point; and public administration.

Ability to:

Analyze financial, budgetary, administrative, opera tional and organization issues; communicate clearly and concisely, both verbally and in writing; conduct resear ch on a wide variety of topics; workers’ compensation, property, and casualty expos ures; research, analyze, and evaluate programs, policies and procedures and make sound recommendations ; administer the division budget and fiscal controls; perform responsible and difficult administrative work involving the use of independent judgment and personal initiative, including analyze, classify, and rate risks, exposures, and loss expectancies; interpret, explain, apply, and enforce a variety of laws, rules and regulations; prioritize projects and meet deadlines; must be able to multi -task; maintain accurate and complete records; establish and maintain effective working relationships with employees, management, consultants, and representatives of all segments of the insurance industry; maintain accurate files and records; work independently and in a team environment; effectively handle confidential matters.

PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS:

The work environment characteristics described here are representative of those an incumbent encounters while performing the essential functions of th is class. The incumbent generally works under typical office conditions, and the noise level is usually quiet. While performing the duties of this class, the incumbent is regularly required to sit; talk or hear both in person and by telephone; use hands to finger, handle, feel objects or controls; and reach with hands and arms. Specific vision abilities required by this job include close vision, color vision, and the ability to adjust focus. Incumbent must be able to safely lift and carry books, files and r eports weighing up to 25 pounds. Must be able to lift files, reports, reference books and stacks of paper from counter tops or file drawers and withstand exposure to vibration, pitch and glare from a computer.

This job specification should not b e interpre ted as all -inclusive. It is intended to identify essential functions and requirements of the job. Not all incumbents may perform all duties at all times. However, incumbents must be able to perform the essential duties, with or without accommodation for d isability at any time while holding this position.

APPROVED BY COUNCIL: May 17, 2022

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Attachment: Senior Human Resources Analyst Job Description (3628 : Budget Adoption - FY2022-23)

CITY OF COLTON

SENIOR RISK MANAGAEMENT ANALYST

DEFINITION:

Under direction of the Human Resource s Director, performs a wide variety of complex Risk Management activities planning, coordinating, monitoring, and administering the Workers’ Compensation and l iability insurance programs for the city. The incumbent is responsible for identifying, evaluating, and recommending methods of reducing and eliminating risks and liabilities within the city. The incumbent is also responsible for supervising, training, an d developing department staff’s risk management support skills, and performs other duties as assigned.

DISTINGUISHING CHARACTERISTICS:

The Senior Risk Management Analyst is the advanced lead level classification within the risk management series. Incumbents in this class are r esponsible for a wide variety of complex professional assignments and serves as a resource to the Human Resource s Director.

Incumbents within this classification work independentl y in the performance of assigned tasks within the risk management programs.

SUPERVISION EXERCISED:

Exercises direct supervision over assigned technical, clerical and/or volunteer staff.

ESSENTIAL FUNCTIONS: (include but are not limited to the following)  Plan, organize , coordinate, and supervise the Cit y’s loss control and self -insurance programs.
 Administer the City’s liability claims program by coordinating claims administration with a third-party administrator (TPA).
 Receive, analyze and ensure the appropriate processing of liability claims.  Develop statistical information and reports and analyze the city’s loss prevention efforts.  Develop funding proposals, policy alternatives and strategies, including proposals for programs and projects to reduce or eliminate risks.
 Administer the Workers’ Compensati on Program by coordinating claims administration with third-party administrators (TPA); ensure accurate completion of appropriate forms and handling of claims; discuss workers’ compensation claims with departmental staff and Counsel to determine course of action; provide support to other City staff, claims adjustors and investigators, and insurance agents in the disposition of claims; maintain related files and documentation; provide timely follow through on status of claims.  Administer the return to work, modified work program consistent with the needs of the city and legal requirements.
 Work with City departments to arrange for modified or alternate work assignments and/or to effect reasonable work accommodation for employees with work related injuries.  Prepare, present, and monitor reports, including reports of work injuries as required by the State Department of Industrial Relations for workers’ compensation and employee safety.  Review, verify, prepare, and process a variety of forms pertaining to Family and Medical Leave and Short/Long-Term Disability.
 Track, solicit bids for renewals, and monitor all City liability insurance policies.  Research, plan, and organize training programs; outline annual training calendar; assist in implementation of training p rojects; negotiate fees with training facilitators; and assist in conducting training programs as required.

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Attachment: Senior Risk Management Analyst Job Description (3628 : Budget Adoption - FY2022-23)

SENIOR RISK MANAGEMENT ANALYST

CITY OF COLTON

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 Ensure Safety Program is in compliance with CalOSHA mandates; maintain OSHA 300 Log.  Review and a nalyze insurance contract re quirements and details, assess exposure and transfer of risk scenarios and make recommendations.
 Assist with annual policy renewals including excess liability and property.  Procure property insurance and excess liability insurance policies.  Verify that insurance and bonding req uirements are met on all City contracts; monitor for ongoing compliance with City requirements.
 Maintain prompt and regular attendance.
 Perform other related duties as required.

QUALIFICATIONS
Education and/or Experience:

A typical way of obtaining the re quired qualifications is to possess four (4) years of progressively responsible and varied experience in risk management administration, including at least two years in or working with a governmental agency and a bachelor’s degree from an accredited colleg e/university in public administration, business administration, risk manageme nt, safety management, human resources , behavioral science or a related field. Associate in Risk Management (ARM) certification is highly desired.

License/Certificate:

Possession of a valid Class C California driver’s license.

Possession of a Bachelors degree.

Associate in Risk Management (ARM) certification is highly desired

KNOWLEDGE/ABILITIES/SKILLS:

Knowledge of:

General principles and practices of municipal government manag ement; organizational and management practices, including methods and techniques of loss control and self -insurance programs, claims administration and adjustment methods and techniques, tort liability; applicable laws, rules, and regulations governing pub lic agency insurance, loss prevention, liability, and safety programs, occupational health and industrial safety, workers’ compensation, disability retirement; insurance contracts; operations of full service municipalities; development and implementation o f programs, policies and procedures; analysis and research methods; modern office practices, methods and procedures; punctuation and grammatical usage; various office equipment, Microsoft Office, Excel and Power Point; and public administration.

Ability to:

Plan, organize, coordinate and administer the city’s loss control and self -insurance functions; communicate clearly and concisely, both verbally and in writing; conduct research on a wide variety of topics; assist to develop and implement long range pla ns for reducing city losses and costs associated with general liability; workers’ compensation, property, and casualty exposures; research, analyze, and evaluate programs, policies and procedures and make sound recommendations, including analyze and implement a comprehensive risk management, loss control, and insurance and benefits program; review insurance policies to determine extent of liability exposures; administer the division budget and fiscal controls; perform responsible and difficult administrativ e work involving the use of independent judgment and personal initiative, including analyze, classify, and rate risks, exposures, and loss expectancies; interpret, explain, apply, and enforce a variety of laws, rules and regulations; prioritize projects an d meet deadlines; must be able to multi -task; maintain accurate and complete records; establish and

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Attachment: Senior Risk Management Analyst Job Description (3628 : Budget Adoption - FY2022-23)

SENIOR RISK MANAGEMENT ANALYST

CITY OF COLTON

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maintain effective working relationships with employees, management, consultants, and representatives of all segments of the insurance industry; effectively handle confidential matters.

PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS:

The work environment characteristics described here are representative of those an incumbent encounters while performing the essential functions of this class. The incumbent gener ally works under typical office conditions, and the noise level is usually quiet. While performing the duties of this class, the incumbent is regularly required to sit; talk or hear both in person and by telephone; use hands to finger, handle, feel objects or controls; and reach with hands and arms. Specific vision abilities required by this job include close vision, color vision, and the ability to adjust focus. Incumbent must be able to safely lift and carry books, files and reports weighing up to 25 poun ds. Must be able to lift files, reports, reference books and stacks of paper from counter tops or file drawers and withstand exposure to vibration, pitch and glare from a computer.

This job specification should not be interpreted as all-inclusive. It is intended to identify essential functions and requirements of the job. Not all incumbents may perform all duties at all times.

However, incumbents must be able to perform the essential duties, with or without accommodation for disability at any time while holding this position.

APPROVED BY COUNCIL: May 17, 2022

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Attachment: Senior Risk Management Analyst Job Description (3628 : Budget Adoption - FY2022-23)

ITEM NO. 5

STAFF REPORT

DATE: MAY 17, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE CONTRACT AWARD TO HBT ENERGY

MANAGEMENT, LLC FOR RESOURCE PLANNING CONSULTING
SERVICES.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Award a contract to HBT Energy Management LLC for Resource Planning consulting services as described in the Request For Proposals and in accordance with Colton Municipal Code §3.08.070 and authorize the City Manager to execute the contract documents.

BACKGROUND

The Electric Department accounts for more than $55 million annually in revenues and requires many activities to continue work functionality successfully. While the current department staff is handling the work, many activities must be postponed , as there is simply not enough staff to complete all work and only essential/bare minimum activities can be finished.

Additionally, significant turnover has occurred over the past year and a half with many positions not yet filled. Adding consulting services with a flexible agreement , allowing for available services as needed , can help current Colton staff when necessary wh ile allowing for a smooth transition as other positions are filled. Furthermore, there are several items that require experience that a consultant can provide, which will add greater value to the City.

ISSUES/ANALYSIS

5 Packet Pg. 310
Staff Report to the Mayor and City Council
Contract Award - HBT Energy Management LLC
May 17, 2022

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The City of Colton Purchasing Division issued a formal request for proposals for power resource planning services on July 27, 2021, on the City’s Network Bid System. The RFP was sent to 236 prospective proposers and responses were due on August 24, 20 21 at 5:00 pm. No responses were received. On January 10, 2022, the Purchasing Division then emailed directly to 19 known prospective proposers an infor mal request for proposals, due January 31, 20 22. One response was received from HBT Energy Management LLC (HBT), in the annual fixed amount of $114,000. HBT Energy Management, LLC is a sole proprietorship owned by Dr. Bob Tan g, who has experience with Colton’s electric system. After negotiations and internal discussion, staff and HBT Energy Management, LLC agreed to the following terms:

1. Dr. Tang would provide a minimum of 16 hours per month for a minimum compensation of $2,500/month, or $30,000 over a 12 month period

2. Any additional hours required would be “as needed” bill at an hourly rate of $150/hr . for a maximum of 863 hours, or $130,650 over 12 months.

3. The term of services is from June 13, 2022 through June 12, 2023.

Dr. Tang is familiar with state, regional and federal energy issues that pertain to Colton and he has a deep understanding of Colton’s power resource portfolio and financial strategies to provide excellent value to the Public Works and Utility Services Department.

FISCAL IMPACTS

There are sufficient appropriations for the contract in the adopted FY2021-22 and proposed FY2022-23 budgets in Electric Fund Professional Services Account Numbers 520-8000-8001- 2350-0923-000 and 520-8000-8022-2350-0923-000.

ALTERNATIVES

Provide alternative direction to Staff.

ATTACHMENT

1. Professional Services Agreement - Bob Tang May2022

2. RFP - Power Resource Planning - January 10-2022
5 Packet Pg. 311
(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-1

CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this __17__ day of ___May_____, 20_22__, by and between the City of Colton, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 650 North La Cadena Drive, Colton, California 92324 ("City") and Bob Tang, a sole proprietorship, with its principal place of business a t 4632 Greenmeadows Avenue, Torrance, CA 90505 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

2.2 Project.

City desires to engage Consultant to render such professional consulting services for the Electric Resource Planning Standard Operating Procedures project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from May 15, 2022 to May 14, 2022, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if neces sary to complete the Services.

3.2 Responsibilities of Consultant.

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

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Attachment: Professional Services Agreement - Bob Tang May2022 (3596 : Contract Award - HBT Energy Management LLC) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-2

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

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

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

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

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

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

3.2.6 Consultant's Representative. Consultant hereby designates Bob Tang, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall hav e full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be

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Attachment: Professional Services Agreement - Bob Tang May2022 (3596 : Contract Award - HBT Energy Management LLC) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-3

responsible for all mean s, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

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

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

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

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

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

3.2.10.1 Employment Eligibility; Consultant . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of

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Attachment: Professional Services Agreement - Bob Tang May2022 (3596 : Contract Award - HBT Energy Management LLC) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-4

documentation confirming the identity and immigration status of each employee of the Consultant.

Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.

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

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

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

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

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

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

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Attachment: Professional Services Agreement - Bob Tang May2022 (3596 : Contract Award - HBT Energy Management LLC) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-5

3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or propert y. In carrying out its Services, the Consultant 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 natur e of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are ne cessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.11 Insurance.

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

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

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

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance . Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the genera l 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’ Compe nsation 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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Attachment: Professional Services Agreement - Bob Tang May2022 (3596 : Contract Award - HBT Energy Management LLC) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-6

(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain t he insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.

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

3.2.11.4 Insurance Endorsements . The insuranc e policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and completed operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s sch eduled 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 up on to protect it as a named insured. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute wit h 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 purs uant to this Section 3.2.11.4(A).
(C) Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages . Each 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 Commented [A1]: Mr. Tang will only provide services
online, so no insurance is needed. Can this be deleted or waived? Let me know if more discussion is needed here
Commented [A2]: HBT is a sole proprietorship, can this be deleted or waived?

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coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

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

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

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

3.2.11.7 Subconsultant Insurance Requirements. Consultant shall not allow any subconsultants to commence work on any sub contract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

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

3.2.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverag e on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

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

3.2.12 Water Quality Management and Compliance.

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

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

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

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

Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including

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authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. A minimum fixed fee of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500) per month shall be provided to Consultant which includes 16 hours of approved work each month. Additional hours exceeding 16 hours in a month are to be paid at a rate of $150/hr. The total compensation shall n ot exceed ONE HUNDRED THIRTY THOUSAND AND SIX HUNDRED AND FIFTY DOLLARS ($130,650) for a maximum of 863 hours over a 12 month period without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described be low, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

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

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

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

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

3.4 Labor Code Requirements.

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

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arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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

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

3.5 Accounting Records.

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

3.6 General Provisions.

3.6.1 Termination of Agreement.

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

3.6.1.2 Effect of Termination . If this Agreement is term inated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance

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of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

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

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

Consultant: Hsi Bang Tang
4632 Greenmeadows Avenue
Torrance, CA 90505
City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: Assistant Director of Public Works & Utility Services Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice o n the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including b ut not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the proper ty of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The rep roduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Cons ultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

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

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

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

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

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

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents

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

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

3.6.5 Indemnification.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to f ile, a Statement of Economic Interest with the City’s Filing Officer as required under state law in th e performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of

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City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

3.7 Subcontracting.

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

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SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF COLTON AND BOB TANG

CITY OF COLTON

By: ____________________________ By: _________________________ William R. Smith Bob Tang
City Manager

Attest:

____ _________________________
City Clerk

Approved as to Form:

______________________________
Best Best & Krieger LLP
City Attorney

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EXHIBIT "A"

SCOPE OF SERVICES

 Assist in the development of criteria and assumptions for system resource planning and analysis.
 Manage and plan wholesale and retail energy procurement services and activities; implements and evaluates goals, objectives and practices relating to the provision of effective use of the utility’s power resources.
 Participates in transaction analysis and CAISO settlement activities.  Coordinate and assist with evaluation of cost-effective conservation and demand management programs.
 Participate in legislative and regulatory meetings representing the City before the Air Resources Board, Southern California Public Power Authority, California Energy Commission and other regulatory agencies.
 Manage the purchase of California carbon allowances and develop bidding and purchasing strategies to acquire these allowances.
 Assist in the review and reconciliation and processing of power bills/invoices, generation costs and energy deliveries.
 Assist in development of long-range strategic plans.
 Coordinate with electrical engineering staff of the City on long-range capital requirements.  Assist with efforts to obtain renewable resources in accordance with applicable legislation.  Assists in training or teaching city staff process of various tasks under this Agreement.  Gather monthly load data; create spreadsheets to calculate system load factor data, peak demand, and other operating data.
 Assist with preparation of reports and analyses for presentation to City Council, Utility Commission; support City’s participation on various project and industry committees.  Exercise contract management for work essential to the performance of this Project.  Provide described duties and related tasks with minimal supervision in a responsible and professional manner.

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Attachment: Professional Services Agreement - Bob Tang May2022 (3596 : Contract Award - HBT Energy Management LLC) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A-I-1”

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23152.06000\30453088.2 Exhibit “B”-1

EXHIBIT "B"

SCHEDULE OF SERVICES

 Work covered under this agreement shall commence on June 13th, 2022 upon issuance of the Notice to Proceed by the City of Colton  All work under this agreement shall be completed by June 12th, 2023 unless amended and with the mutual consent of the City and Consultant

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23152.06000\30453088.2 Exhibit “C”-1

EXHIBIT "C"

COMPENSATION

A minimum fixed fee of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500) per month shall be provided to Consultant, which includes 16 hours of approved work each month.

Additional hours exceeding 16 hours in a month are to be paid at a rate of $150/hr. The total compensation shall not exceed ONE HUNDRED THIRTY THOUSAND AND SIX HUNDRED AND FIFTY DOLLARS ($130,650) for a maximum of 863 hours over a 12 month period Contractor shall bill City at completion of the work.

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CITY OF COLTON

REQUEST FOR PROPOSALS
Power Resource Planning
For the
Electric Utility Division

Responses Due: January 31, 2022, by 5:00 p.m. (PDT)

Email Proposal Submittal
City of Colton
Scott Harding,
Assistant Director of Utility Operations
Email: [email protected]
Copy to:

Nicole Mihld,
Purchasing Manager
Email: [email protected]

Requests for Information and Questions received up to 5:00pm January 19, 2022 Contact: Nicole Mihld, Purchasing Manager at: [email protected]

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CITY OF COLTON

REQUEST FOR PROPOSALS

I. BACKGROUND AND INTRODUCTION
The City of Colton is requesting proposals from experienced firms or individuals ( Consultant) to provide electric utility planning support services and management activities (Project), which enhance the City’s power resources including implementation of cost effective wholesale power purchase strategies, provide administrative support to include validation, accounting, and reconciliation of power purchases and sales.

The Consultant will be an extension of and work collaboratively with staff of the City’s Electric Utility Division to analyze and assist in the management of the City’s power resources within the California electric utility market.

The City of Colton has approximately 17,200 electric meter accounts consisting of residential, commercial and industrial. There are four (4) separate but critically linked sections of the Colton Utility Department; Agua Mansa Power Plant – 44 megawatt power plant, Transmission and Distribution, Substation, and the Administrative sections. The Administrative section of which the power planning function resides, reports to the Assistant Director of Utility Services. The Cit y has experienced a number of issues related to professional staffing for critical aspects of power purchasing, planning, transaction management and required reporting functions In an effort to increase reliability and functionality as well as maintain compliance with regulatory mandates the City is looking to outsource this function to a Consultant that will serve as an ‘extension’ of the current staff. The responsibilities of the Project require that the Consultant have experience working with regulated a nd unregulated electric power management in California and acquire sufficient experience with the City’s power resources to assume responsibility for State Greenhouse Gas reporting, renewable energy reporting, California Independent System Operator (CAISO) CRR and settlement activities.

II. REQUEST FOR PROPOSALS
A. Scope of Services
The intent of this Request for Proposal is to select a Consultant with experience in electric resource planning, procurement and administration , specific to California, to augment sta ffing functions of the Electric Utility Division. Consultant shall have specific knowledge and expertise related to standard operating procedures of an electric utility including load analysis, load forecasting techniques and principles; fundamentals of re gulatory agencies and legislative proceedings. Consultant shall provide a dedicated individual who will be physically located in the Electric Utility Division ’s facility. (Remote work optional based on requirements of work and staffing support needs.) The City’s currently operates on a 4-10 work week and is closed on Fridays.

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B. Content and Format of Proposal
Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be in the following order and shall include:

1. Identification of Proposer:

a. Legal name and address of the company.

b. Legal form of company (partnership, corporation).

c. If company is a wholly owned subsidiary of a “parent company,” identify the “parent company.”

d. Name, title, address an d telephone number of the proposed representative to contact concerning the Proposal Submittal.

2. Staffing Resources:

a. Firm Staffing and Key Personnel
(i) Provide the number of staff to be assi gned to perform the Services and the names/discipline/job title of each.
(ii) If the Proposer is chosen as a finalist, the principal individual(s) must attend the interview.
(iii) Describe proposed team organization, including
identification and responsibilities of key personnel. Please include one-page resumes.
b. Subcontractors/Subconsultants
(i) The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor/sub-consultant that is anticipated to perform each function, if known at this time.

3. Experience and Technical Competence

a. Experience

(i) The Proposer shall provide a description of how the Proposer’s experience, technical and professional skills will meet the goals and fulfill the general functions identified in this RFP.

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(ii) Describe the past experience of the staff to be assigned to perform the Services in performing similar services.
(iii) The Proposer shall state the number of years the firm has conducted business . Proposer must have at least four (4) years’ experience in providing the required scope of Services for public clients.
(iv) Provide five ( 5) references regarding the Proposer’s experience and performance performing similar services.

Include the following information: (1) organization name , contact name, phone number, e-mail address; and (2) project size and description, if applicable, and description of services.
(v) Describe the firm’s local experience and knowledge of City’s operations.
b. Technical Competence
(i) Description of in -house resources (i.e., computer
capabilities, software applications, security protocols, modeling programs, etc.)
(ii) Ability to draw upon multi -disciplinary staff to address the Services requested in this RFP.

4. Proposed Method to Accomplish the Work: Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Services, goals of the City , and general functions required. Include a draf t schedule of tasks , milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services described in Exhibit “A,” the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work.

5. Fee Proposal : Please provide a fee proposal schedule for the scope of Services. The fee proposal shall include hourly rates for all personnel for a services and “Additional Services” (as such term is defined in the Agreement attached hereto as Exhibit “B”).

6. Other Information: This section shall contain all other pertinent information per the discretion of the company, which may include the following:
a. Demonstration of record of staffing tasks efficiently and completing projects on time and within the allocated budget.
b. Description of any previous contractual involvement with the City.

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C. Selection Process

1. City will evaluate proposals based on the following criteria:

a. The firm is independent and properly licensed to practice and authorized to do business in the State of California.

b. The firm has no conflict of interest with regard to an y other work performed by the firm for the City.

c. Clarity and conformance of proposal to RFP.

d. Content of the proposal.

e. Proposer’s experience and performance.

f. Team members’ experience and performance.

g. Fee proposal.

h. Reference comments.

2. It is the City’s intent to select a firm evidencing demonstrated competence and professional qualif ication sufficient to perform the S ervices. The City reserves the right to reject all proposals, select by proposal review only or interview as needed. The successful proposer will be selected on the basis of information provided in the RFP, in-person presentations, and the results of the City’s research and investigation. Upon selection of a firm, the City will provide the firm with the City of Colton Professional Services agreement. In the event that the City, and selected firm, are unable to reach agreement, with respect to the Professional Services agreement terms, the City will proceed, at its sole discretion, to negotiate with the next firm, selected by the City. The City reserves the right to contract for services in the manner that most benefits the City, including awarding more than one contract if desired.

3. After City staff and the selected consulting firm agree to all terms of the City of Colton Professional Services agreement, City staff will make the final recommendation to the City Council for award of the contract and Professional Services agreement. The City Council has the final auth ority to approve or reject the contract, and subsequent Professional Ser vices agreement.

D. Protests

1. Protest Contents: Proposer may protest a contract award if the Proposer believes that the award was inconsistent with City policy or this RFP is not in compliance with law. A protest must be filed in writing with the City (email is not acceptable) within five (5) business days after receipt of notification of the c ontract award. Any protest submitted after 5:00 p.m. of the fifth business day after notification of the contract award will be rejected by the City

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as invalid and the Proposer’s failure to timely file a protest will waive the Proposer’s right to protest the contract award. The Proposer’s protest must include supporting documentation, legal authorities in support of the grounds for the protest and the name, address and telephone number of the person representing the Proposer for purposes of the protest. Any matters not set forth in the protest shall be deemed waived.

2. City Review: The City will review and evaluate the basis of the protest provided the protest is file d in strict conformity with the foregoing. The City shall provide the Proposer submitting the protest with a written statement concurring with or denying the protest.

Action by the City relative to the protest will be final and not subject to appeal or reconsideration.

The procedure and time limits set forth in this Section are mandatory and are the Proposer’s sole and exclusive remedy in the event of protest. Failure to comply with these procedures will constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings.

E. Proposal Schedule
The tentative schedule is as follows:

ACTION DATE
Release of Request for Proposal January 10, 2022
Last Day to Submit Questions for Clarification
received by the City on or before 5:00 pm
Electronic question only: [email protected]
January 19, 2022
Deadline for Receipt of Proposals
submitted on or before 5:00 pm
January 31 2022
Tentative Notification of Intent to Award & Enter Contract Discussions
March 1, 2022
The above scheduled dates are tentative and City retains the sole discretion to adjust the above schedule. Nothing set forth herein shall be deemed to bind City to award a contract for the above-described Professional Services and City retains the sole discretion to cancel or modify any part of or all of this RFP at any time. Municipal

F. Submittal Requirements

1. General: It is strongly recommended that the Proposer submit proposals in the format identified in Section B – Content and Format of Proposal, of this RFP, to allow the City to fully evaluate and compare the proposals. All requirements and questions in the RFP should be addressed and all requested data should be supplied. The City reserves the right to request additional in formation which, i n the City ’s opinion, is necessary to assure that the Proposer’s competence, qualifications, number of qualified employees, business organization and financial resources are adequate to perform the Services according to the terms of the Agreement.

2. Preparation: Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP .

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Responses should emphasize the Proposer’s demonstrated capability to perform work of this type.

Emphasis should be concentrated on completeness, approach to the work and clarity of the proposal.

3. Authorization: The proposal shall be signed by an individual, partner, officer or officers authorized to execute legal documents on behalf of the Proposer.

4. Confidentiality of Proposal: Pursuant to Michaelis, Montanari, & Johnson v. Superior Court (2006) 38 Cal.4th 1065, proposals submitted in response to this RFP shall be held confidential by City and shall not be subject to disclosure under the California Public Records Act (Cal. Government Code section 6250 et seq.) until after either City and the successful proposer have completed negotiations and entered into an Agreement or City has rejected all proposals. All correspondence with the City including responses to this RFP will become the exclusive property of the City and will become public records under the California Public Records Act. Furthermore, the City will have no liability to the Proposer or other party as a result of any public disclosure of any proposal or the Agreement.

If a Proposer desires to exclude a portion of its proposal from disclosure under the California Public Records Act, the Proposer must mark it as such and state the specific provision in the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. For example, if a Proposer submits trade secret information, the Proposer must plainly mark the information as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the Ci ty may not be in a position to establish that the information that a Proposer submits is a trade secret. If a request is made for information marked “Confidential”, “Trade Secret” or “Proprietary”, the City will provide Proposers who submitted the informa tion with reasonable notice to seek protection from disclosure by a court of competent jurisdiction.

Delivery: The RFP respondents must email the response as follows: . The envelope should be clearly marked as follows:

Send submittals:

Scott Harding,
Assistant Director of Utility Operations
Email: [email protected]
Copy to:

Nicole Mihld,
Purchasing Manager
Email: [email protected]

5. Proposal Forms: All Proposal Forms attached here to in Exhibit “B” and titled as Appendix “A – F” must be fully completed and executed, if required, and submitted with the Proposers response.

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G. Miscellaneous

1. Exceptions Certification to this RFP: In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted in the proposal and on the proposal form included in Exhibit B and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein.

2. Amendments to Proposals: No amendment, addendum or modification will be accepted after a proposal has been submitted to City. If a change to a proposal that has been submitted is desired, the submitted proposal must be withdrawn and the replacement proposal submitted to City prior to the proposal due date and time.

3. Cancellation of RFP: City reserves the right to cancel this RFP at any time prior to contract award without obligation in any manner for proposal preparation, interview, fee negotiation or other marketing costs associated with this RFP.

4. Price Validity: Prices provide d by Proposers in response to this RFP are valid for 60 days from the proposal due date. The City intends to award the contract within this time but may request an extension from the Proposers to hold pricing, until negotiations are complete and the contract is awarded.

5. No Commitment to Award: Issuance of this RFP and receipt of propos als does not commit the City to award a contract. City expressly reserves the right to postpone the RFP process for its own convenience, to accept or reject any or all proposals received in response to this RFP, to negotiate with more than one Proposer concurrently, or to cancel all or any part of this RFP.

6. Requests for Information, Questions and Clarifications : All requests for information, questions and/or clarifications must be submitted to Attn: Nicole Mihld, Purchasing Manager, at [email protected] no later than 5:00 p.m., January 19, 2022. No telephone questions will be accepted, only written emailed questions will be accepted. Answers to all questions will be issued, to all prospective proposers, via an Addendum titled: Responses and Clarifications to Questions. Each Proposer is responsible for ensuring that it has received all addenda, clarifications, supplemental information and responses to questions prior to submitting a proposal.

7. Right to Negotiate and/ or Reject Proposals : City reserves the right to negotiate any price or provision, task order or service, accept any part or all of any proposals, waive any irregularities, and to reject any and all, or parts of any and all proposals, whenever, in the sole opinion of City, such action shall serve its best interests and those of the tax-paying public.

The Proposers are encouraged to submit their best prices in their proposals, and City intends to negotiate only with the Proposer(s) whose proposal most closely meets City’s requirements at the lowest estimated cost. The Agreement, if any is awarded, will go to the Proposer whose proposal best meets City’s requirements.

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8. Non-Discrimination: The City does not discriminate on the basis of race, color, national origin, religion, age, ancestry, medical condition, disability or gender in consideration for an award of contract.

9. Prevailing Wage: Proposers shall take cognizance of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as wel l 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 certain “public work” and “maintenance” projects . The Proposer must agree to fully comply with and to require its subcontractors/subconsultants to fully comply with such Prevailing Wage Laws to the extent applicable.

Distribution of RFP: January 10, 2022

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EXHIBIT “A”

PROPOSED SCOPE OF SERVICES
The scope of services required of the Consultant to include the following:
• Assist in the development of criteria and assumptions for system resource planning and analysis.
• Manage and plan wholesale and retail energy procurement services and activities ; implements and evaluate s goals, objectives and practices relating to the provision of effective use of the utility’s power resources.
• Participates in transaction analysis and CAISO settlement activities. • Assist in the review and reconciliation of power bills, generation costs and energy deliveries.
• Coordinate and assist with evaluation of cost -effective conservation and demand management programs.
• Participate in legislative and regulatory meetings representing the City before the Air Resources Board, Southern California Public Power Authority, California Energy Commission and other regulatory agencies.
• Manage the purchase of California carbon allowances and develop bidding and purchasing strategies to acquire these allowances.
• Assist in development of long-range strategic plans.
• Coordinate with electrical engineering staff of the City on long-range capital requirements. • Assist with efforts to obtain renewable resources in accordance with applicable legislation. • Gather monthly load data; create spreadsheets to calculate system load factor data, peak demand, and other operating data.
• Assist with preparation of reports and analyses for presentation to City Council, Utility Commission; support City’s participation on various project and industry committees. • Exercise contract management for work essential to the performance of this Project. • Provide described duties and related tasks with minimal supervision in a responsible and professional manner.

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EXHIBIT “B”

CITY OF COLTON

PROPOSAL FORMS
APPENDIX “A – F”

AND

SAMPLE CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

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PROPOSAL FORMS
APPENDIX A:

SUMMARY SHEET

Firm Name:

Firm Parent or Ownership:

Firm Address:

Firm Telephone Number: Fax Number:________________

Firm Email Address:

Firm Website:

Number of years in existence: _____________

Management Contact (person authorized to sign an agreement for the firm, and ultimately responsible for services required for this Request for Proposal:

Name: Title:

Telephone Number: Fax: __________________________________

Email: _______

Project Manager (person responsible for day-to-day contact with the City for this Request for Proposal:

Name: Title:

Telephone Number: Fax: __________________________________

Email: _______________________________________

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RFP for Electric – Power Resource Planning

PROPOSAL FORMS
APPENDIX B:

CERTIFICATION OF FIRM’S ACCEPTANCE OF
CITY OF COLTON’S STANDARD PROFESSIONAL SERVICES AGREEMENT AND PROPOSAL FOR MODIFICATION OF TERMS (if any)

By signing this form below, the firm certifies that the attached Agreement in Exhibit B is acceptable to the firm and will be signed upon selection of the firm to perform consulting services for the City of Colton, except for requests for modification of the agreement (if any), as specifically described below (or listing modifications by number that refer to attached sheets, if necessary).

Name and Signature of Firm’s Management Representative authorized to sign an Agreement:

Name Title

Signature Date

Firm Name:

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PROPOSAL FORMS
APPENDIX C:

OFFEROR IDENTIFICATION

1. Legal name of Offeror: _____________________________________________________

2. Street Address: ____________________________________________________________

3. Mailing Address:____________________________________________________________

4. Business Telephone: ________________________________________________________

5. Facsimile Telephone:________________________________________________________

6. Type of Business:

• Sole Proprietor • Partnership • Corporation

Other:_______________________________________________________________

If corporation, indicate State where incorporated: _________________________________

7. Business License number issued by the City where the Offers’ principal place of business is located:

Number: _________________ Issuing City: _____________________________________

8. The City of Colton requires all businesses doing business in the City of Colton have a City of Colton Business License. The awarded firm will be required to secure a business license at the time of contract signing.

City of Colton Business number:

Number: _________________

9. Federal Tax Identification Number: _______________________________________________

10. Offeror's Contact Person: ______________________________________________________

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RFP for Electric – Power Resource Planning

PROPOSAL FORMS

APPENDIX D

WORKERS' COMPENSATION CERTIFICATE

The Offeror shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

I am 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 on behalf of my firm, I will comply with such provisions before commencing the performance of the services of any contract entered into.

______________________________________ _________________________________________ Signature Company Name

______________________________________ _________________________________________ Print Name Business License Number

______________________________________ _________________________________________ Position or Title Date

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RFP for Electric – Power Resource Planning

PROPOSAL FORMS

APPENDIX E

NON-COLLUSION AFFIDAVIT

State of California )
) ss.

County of )

, being first duly sworn, deposes and says

that he or she is , of ("Offeror") the party making the foregoing proposal that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the Offeror has not directly or indirectly solicited any other Offeror to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Offeror or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the Offeror has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal fee or the Offeror or any other Offeror, or to fix any overhead, profit, or cost element of the proposal fee, or of that of any other Offeror, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the proposal are true; and, further, that the Offeror has not, directly or indirectly, submitted his or her proposal fee or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

_____________________________________ _________________________________________ Signature Company Name
______________________________________ _________________________________________ Printed Name Business License Number
______________________________________ _________________________________________ Title Date

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PROPOSAL FORMS

APPENDIX F

EXCEPTION FORM

Should your firm take exception to ANY of the terms and conditions or other contents provided in the "Request for Proposal," or the “City of Colton Sample Professional Services Agreement” list the exceptions below. THIS COMPLETED FORM MUST BE RETURNED WITH YOUR PROPOSAL. If no exception(s) are taken, enter "NONE" for the first item. (Make additional copies of this form as necessary)

Page Number: Section Title: _____________________________________________________ Paragraph Number: Exception Taken: __________________________ ___________________ __________________________________________________________________________________ __________________________________________________________________________________

Page Number: Section Title: _____________________________________________________ Paragraph Number: Exception Taken: ______________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

Page Number: Section Title: _____________________________________________________ Paragraph Number: Exception Taken: ______________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

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(BB&K 2018)
23152.06000\30453088.2 -18-

SAMPLE PROFESSIONAL SERVICES AGREEMENT
[***SAMPLE MODEL - REMOVE THIS TITLE WHEN USED***]

CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 20___, by and between the City of Colton, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 650 North La Cadena Drive, Colton, California 92324 ("City") and [INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS; I.E., CORPORATION (INCLUDE STATE OF INCORPORATION), LIMITED LIABILITY COMPANY, SOLE PROPRIETORSHIP, ETC.], with its principal place of business at [INSERT ADDRESS] ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
RECITALS.

Consultant.

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

Consultant represents that it is experienced in providing [***INSERT TYPE***] services to public clients, is licensed in the State of California, and is familiar with the plans of City.

Project; Colton Utility Authority.

City desires to engage Consultant to render such professional [***INSERT TYPE***] consulting services for the [***INSERT NAME OF PROJECT, AND CONTRACT NUMBER, IF APPLICABLE***] project ("Project") as set forth in this Agreement. [***INCLUDE THE FOLLOWING 2 SENTENCES ONLY IF AGREEMENT INVOLVES WATER OR WASTEWATER UTILITIES – DELETE OTHERWISE; ALSO DELETE “COLTON UTILITY AUTHORITY FROM TITLE OF RECITAL***] Consultant understands that the City has entered into a Utility System Management Agreement, dated as of September 1, 2000, with the Colton Utility Authority (“CUA”) for the maintenance, management and operation of its Water Enterprise and Wastewater Enterprise (“CUA Management Agreement”). To the extent that this Agreement is deemed to be a "material contract" under the CUA Management Agreement, City enters into this Agreement on behalf of the CUA and subject to the terms of the CUA Management Agreement.

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23152.06000\30453088.2 -19-

TERMS.

Scope of Services and Term.

General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [***INSERT TYPE***] consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. [***INSERT IF FEDERAL FUNDS WILL BE USED; OTHERWISE ALWA YS DELETE: Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit “A-I.”]
Term. The term of this Agreement shall be from [***INSERT DATE***] to [***INSERT DATE***], unless earlier terminated as provided herein. [***INSERT THE FOLLOWING SENTENCE FOR MULTI-YEAR, AUTOMATIC RENEWAL NOT TO EXCEED THREE CONSECUTIVE YEARS; OTHERWISE, ALWAYS DELETE: The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than [INSERT NUMBER] additional one -year terms.***] Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, exten d the term of this Agreement if necessary to complete the Services.

Responsibilities of Consultant.

Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Consultant or under its supervision. Consultant will deter mine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and c ontrol. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, in cluding, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical

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personnel required to perform the Services in con formance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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

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

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

Consultant's Representative. Consultant hereby designates [***INSERT NAME AND TITLE***], or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and f or the satisfactory coordination of all portions of the Services under this Agreement.

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

Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as

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being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Servi ces, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to 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 rem oved from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

Period of Performance [***DELETE “and Liquidated Damages” IF NO LDS INCLUDED] and Liquidated Damages. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. [***INCLUDE THE FOLLOWING SENTENCE ONLY IF YOU'RE INCLUDING LD'S – DELETE OTHERWISE – DON'T SIMPLY INSERT $0***] Pursuant to Government Code Section 53069.85, Consultant shall pay to the City as fixed and liquidated damages the sum of [***INSERT WRITTEN DOLLAR AMOUNT***] Dollars ($[***INSERT NUMERICAL DOLLAR AMOUNT***] ) per day for each and every calendar d ay of delay beyond the Performance Time or beyond any Project Milestones established pursuant to this Agreement.

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

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

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employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections.

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

Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub -subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

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

Air Quality . To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the

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SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel -powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, it s sub -consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

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

Insurance. [***CITY RISK MANAGER TO REVIEW PRIOR TO EACH USE***] Time for Compliance . Consultant shall not commenc e Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this Section.

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

Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another.

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(B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: [***INSERT AMOUNT - TYPICALLY $1,000,000 MINIMUM; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] per occu rrence 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: [***INSERT AMOUNT - TYPICALLY $1,000,000 MINIMUM;

HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT A ND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] 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 [***INSERT AMOUNT - TYPICALLY $1,000,000 MINIMUM; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] per accident for bodil y injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant paym ents. In the alternative, the City may suspend or terminate this Agreement.

3.2.11.3 Professional Liability. [***INCLUDE THIS SUB -SECTION ONLY IF APPLICABLE; DELETE OTHERWISE***] Consultant shall procure and maintain, and require its sub - consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than [***INSERT AMOUNT - TYPICALLY $1,000,000 MINIMUM; HOWEVER, AMOUNT OF INSURANCE REQUIRED DEPENDS UPON NATURE OF CONTRACT AND RISK TO CITY. PLEASE CONTACT RISK MANAGEMENT TO CONFIRM AMOUNT***] per claim, and shall be endorsed to include contractual liability. Defense costs shall be paid in addition to the limits.

3.2.11.4 Insurance Endorsements . The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:

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(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and completed operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with suc h 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 stan d in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self- insurance shall be called upon to protect it as a named insured. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Cons ultant’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 availabl e to the parties required to be named as additional insureds pursuant to this Section

3.2.11.4(A).
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s schedu led underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B). (C) Workers’ Compensation and Employer’s Liability Coverage . The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each 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

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or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.

Consultant hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

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

3.2.11.7 Subconsultant Insurance Requirements . Consultant shall not allow any subconsultants to commence work on any subcontract relating t o the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Consultant, the City may approve different scopes or minimum limits of insurance fo r particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

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

3.2.11.9 Verification of Coverage . Consultant shall furnish City with original certificates of in surance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, an d 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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3.2.11.10 Reporting of Claims . Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

Water Quality Management and Compliance.

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

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

Standard of Care . Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement.

Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.

Liability for Non-compliance.

Indemnity: Failure to co mply with laws, regulations, and ordinances listed in Section 3.2.14.2 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain o r incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.

Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law,

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regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.

Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.

Fees and Payments.

Compensation. Consu ltant 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 [***INSERT AMOUNT WRITTEN OUT***] ($[***INSERT NUMBER***]) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

Payment of Compensation . Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commence ment date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

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

Extra Work . At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

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

Prevailing Wages . Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the

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performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consu ltant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code se ctions to the fullest extent required by law.

Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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

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

Accounting Records.

Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this

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Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

General Provisions.

Termination of Agreement.

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

Effect of Termination . If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or un finished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement.

Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

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.

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

Consultant: [INSERT BUSINESS NAME]
[INSERT STREET ADDRESS]
[INSERT CITY STATE ZIP]
ATTN: [INSERT NAME AND TITLE]
City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: [INSERT NAME AND TITLE]
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.

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Ownership of Materials and Confidentiality.

Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise re corded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Cons ultant on other projects without the City’s express written permission.

Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Dat a, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consult ant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City wit h the opportunity to obtain the documents.

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

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

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or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

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

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

Confidential Information . The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary In formation after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non -appealable order by a court of competent jurisdiction requires that City release such information.

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.

Indemnification.

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

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

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.

Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq . prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

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

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

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

Assignment or Transfer ; Colton Utility Authority . Consultant shall not assign,

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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. [***INCLUDE THE FOLLO WING 2 SENTENCES ONLY IF AGREEMENT INVOLVES WATER OR WASTEWATER UTILITIES – DELETE OTHERWISE; ALSO DELETE “COLTON UTILITY AUTHORITY FROM TITLE OF SECTION***] To the extent that this Agreement is deemed to be a "material contract" under the CUA Management Ag reement, Consultant has no right to terminate this Agreement, either with or without cause, based upon the existence or non -existence of the CUA Management Agreement. Therefore, if the CUA Management Agreement expires or terminates for any reason, Consultant shall remain fully obligated to perform under this Agreement on behalf of the CUA or another third party contracted by the CUA for the maintenance, management and operation of the Water Enterprise and/or Wastewater Enterprise.

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

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

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.

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

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

Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or

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making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement o f Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

Federal Provisions . [***INCLUDE THIS SECTION ONLY IF APPLICABLE; DELETE OTHERWISE. IF APPLICABLE, YOU MAY ALSO NEED TO INCLUDE SOME INFORMATION IN THE RFP.

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

Subcontracting.

Prior Approval Required . Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF COLTON AND [***INSERT NAME***]

CITY OF COLTON [*INSERT NAME OF CONSULTANT*]
[*INSERT NAME OF LEGAL ENTITY*]

By: ____________________________ By: _________________________ [***INSERT NAME***] [***INSERT NAME***]
[***INSERT TITLE***] [***INSERT TITLE***]

Attest:

____ By: _________________________
City Clerk [***INSERT NAME***]
[***INSERT TITLE***]

[***INCLUDE FOLLOWING SIGNATURE BLOCK ONLY IF AGREEMENT INVOLVES WATER OR WASTEWATER UTILITIES – DELETE OTHERWISE ***]

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Recommended for Approval:

_________________________
Executive Director
Colton Utility Authority

Approved as to Form:

______________________________
Best Best & Krieger LLP
City Attorney

[***NOTE (READ AND DELETE THIS BLOCK BEFORE USING MODEL): SIGNATURE BLOCKS CAN VARY DEPENDING UPON THE CONSULTANT’S TYPE OF LEGAL ENTITY (E.G. CORPORATION; GENERAL PARTNERSHIP; LIMITED PARTNERSHIP; LIMITED LIABILITY PARTNERSHIP OR COMPANY; OR AN INDIVIDUAL). THIS MODEL CONTAINS A GENERAL FRAMEWORK WHICH WILL WORK FOR MOST

CORPORATIONS, INDIVIDUAL (NON-CORPORATE) PARTNERSHIPS AND INDIVIDUAL SOLE PROPRIETORSHIPS. PLEASE REFER TO THE CITY CLERK’S “SIGNATURE REQUIREMENT” MEMO ON THE CITY OF COLTON INFO WEB FOR COMPLETE INFORMATION***]

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EXHIBIT "A"

SCOPE OF SERVICES
[***INSERT SCOPE]

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EXHIBIT "A-I"

FEDERALLY REQUIRED PROVISIONS FOR SERVICES
[INSERT FEDERALLY REQUIRED PROVISIONS TRIGGERED BY RECEIPT OF FEDERAL FUNDS FOR THE SERVICES; OTHERWISE
ALWAYS DELETE ENTIRE EXHIBIT “A-I”]

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EXHIBIT "B"

SCHEDULE OF SERVICES
[INSERT SCHEDULE]

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EXHIBIT "C"

COMPENSATION
[INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES]
[INSERT THE FOLLOWING PROVISION IF THE AGREEMENT WILL AUTOMATICALLY RENEW: In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties.]

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ITEM NO. 6

STAFF REPORT

DATE: MAY 17, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: APPROVE CONTRACT AWARD TO SWCA ENVIRONMENTAL

CONSULTANTS FOR CULTURAL RESOURCES ELEMENT AND
HISTORIC PRESERVATION CODE UPDATES.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Authorize the City Manager to execute the attached Professional Services Agreement (PSA) with SWCA Environmental Consultants, in the amount of $78,987 to provide consulting services for updates to the Cultural Resources Element of the General Plan and the Historic Preservation Code (CMC Chapter 15.40), as per the terms of the PSA.

BACKGROUND

The Cultural Resources Element of the City’s General Plan was adopted on September 5, 2000 and is in need of a comprehensive update. The primary focus of this Element is on the preservation and treatment of the City’s archaeological and historical resources. The City’s Historic Preservation Ordinance, originally adopted in 1999 with subsequent minor amendments, is also in need of a comprehensive update.

The City has been updating its 1986 General Plan incrementally, with updates to the Land Use and Mobility (Circulation) Elements appro ved in 2013, Safety Element in 2018, and Housing Element (currently in process). The Cultural Resources Element is a priority for the next scheduled update and is included in the FY2021 -22 budget for consultant services and is included in the Development Services Department’s work program.

ISSUES/ANALYSIS

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Page 2 ends

In accordance with Colton Municipal Code Section 3.08.120(B), o n February 28, 2022, staff circulated a Request for Proposals (RFP) to ten firms that specialize in cultural resource planning, particularl y those firms with historic preservation expertise. Proposals were due on March 31, 2022. The RFP included updating the City’s Historic Resources Survey in the requested scope of services. The Historic Resources Survey was conducted in 1989 -1991. The RFP was circulated to the following firms:

Historic Resources Group
Chattel, Inc.

Rincon Consulting, Inc.

SWCA Environmental Consultants
Affinas
Lightfoot Planning Group
First Carbon Solutions
Dudek
LSA
ECORP

On March 31, 2022, SWCA Environmental Consultan ts (SWCA) submitted the sole Proposal received by the City. SWCA has been directly involved in the historic review and preservation efforts for the Peters House, located at Rancho Avenue and Agua Mansa Road. The firm has extensive experience with the ran ge of services requested by the City and is well qualified to provide the written work products and lead public outreach efforts. Due to the cost of updating the Historic Resources Survey (in excess of $100,000), staff removed it from the proposed scope of services and will propose its inclusion in a future budget cycle.

FISCAL IMPACTS

Sufficient appropriations for the $78,987 contract are available in the adopted FY2021-22 budget in Development Services General Fund Planning Division Historic Preservatio n Services Account No. 100-6300-6301-2351-0000-000.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. RFP- Consultant Services-Cultural-Historic Resources Updates_City of Colton

2. SWCA Proposal_City of Colton Historic Updates

3. Professional Services Agreement_SWCA
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City of Colton

PROFESSIONAL HISTORIC

RESOURCES SERVICES
March 31, 2022

SUBMITTED BY
SWCA Environmental Consultants
51 West Dayton Street
Pasadena, CA 91105
www.swca.com

SUBMITTED TO
Mark R. Tomich,
Senior Development Services Director
Development Services Department
City of Colton
659 N. La Cadena Drive
Colton, CA 92324

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March 31, 2022
Mark R. Tomich, Development Services Director
Development Services Department
City of Colton
659 N. La Cadena Drive
Colton, CA 92324

Re: Request for Proposals (RFP), City of Colton General Plan Updates, Cultural Resources Element, Historic Resources Survey, and Historic Preservation Ordinance Dear Mr. Tomich:

SWCA Environmental Consultants (SWCA) appreciates the opportunity to provide this proposal for historic preservation consulting services to the City of Colton Development Services Department (City). The City’s Request for Proposal (RFP) includes three related, overarching tasks: first, updating the Cultural Resources Element of the General Plan; second, updating the City’s existing historic resources survey, completed in 1992; and third, making recommendations for updates to the Historic Preservation Ordinance, as codified in Chapter 15.40 of the City’s Municipal Code.

SWCA understands the foundational importance of a solid, clear Cultural Resources Element and Historic Preservation Ordinance in the consistent management of cultural and historic resources. With nearly 150 years of history, Colton is home to numerous cultural and historic resources, districts, and neighborhoods that reflect a rich, shared heritage. At the same time, Colton is known as one of the fastest growing cities in the region, with an expanding population and the need to plan for smart growth that takes into account cultural heritage. This combination of qualities makes this project an important one for the City, as it updates its Cultural Resources Element, Historic Resources Survey, and Historic Preservation Ordinance.

SWCA’s Architectural History Group is uniquely qualified to assist the City with this project. Our two Senior Team Leads for Architectural History, Debi Howell-Ardila, MHP, and Garret Root, MA, specialize in historic preservation ordinances and large-scale surveys. With this expertise, SWCA’s team will be able to facilitate a smooth process and successful project outcome. John Dietler, PhD, SWCA’s Vice President for the California-Pacific region, and Chris Millington, Cultural Resources Specialist, will lead efforts for archaeological resources, including the requested tribal consultation requirements and treatment and management recommendations for archaeological resources. Ms. Howell-Ardila, Mr. Root, Dr. Dietler, and Mr. Millington will be assisted throughout the project by our growing California Architectural History Group, which staffs six in-house architectural historian and historic preservation specialists.

In addition, SWCA is pleased to partner on this project with Ms. Jennifer Mermilliod, a renowned local historic preservation specialist based in the City of Riverside. With 22 years of local experience, Ms. Mermilliod will provide project assistance and a local presence for public outreach and community meetings, hearing attendance, and the historic resources survey update.

Ms. Howell-Ardila will serve as project manager and point-of-contact for this project. She has nearly 17 years of experience in environmental compliance, historic resource assessments, survey, and documentation. Ms. Howell- Ardila’s project experience has included completion of a variety of project types, including project- and program-

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level environmental compliance studies, landmark nominations, Mills Act applications, and HABS documentation.

She has conducted site investigations and led historic resource surveys and evaluations throughout California, with a particular emphasis on Southern California. Ms. Howell-Ardila exceeds the Secretary of the Interior’s Professional Qualifications Standards in architectural history and history.

During the past decade, Ms. Howell-Ardila has developed a specialized practice in preservation ordinance development. She served as principal author for two SWCA efforts: the Manhattan Beach Historic Preservation Ordinance, which was adopted in 2015, and the San Gabriel Historic Preservation and Cultural Resources Ordinance Update, which was adopted in 2017. Both projects involved extensive public outreach and community meetings, commission and council hearings, and work-study sessions to review ordinance provisions and answer questions, as well as City staff training sessions once the ordinances were adopted. In 2018, the San Gabriel Historic Preservation and Cultural Resources Ordinance Update received awards from the Los Angeles Conservancy and the California Preservation Foundation. In addition, because of this experience, Ms. Howell- Ardila has planned and led training sessions for the statewide group, the California Preservation Foundation, in innovative approaches and best practices in historic preservation ordinances.

The SWCA team members selected to lead this effort have the proven experience and technical competence to build on the foundation already in place in Colton, in its existing Cultural Resources Element, survey, and Historic Preservation Ordinance. These foundational documents offer a sound starting point for updates and amendments that apply current best practices and innovative approaches.

In accordance with the RFP requirements, this proposal includes the following sections: (1) Identification of Proposer; (2) Staffing Resources; (3) Experience and Technical Competence; (4) Approach to Work; (5) Fee Proposal; and (6) Other Information. Key staff resumes follow the proposal as Appendix A. We look forward to discussing our recommended approach, costs, and schedule with you to ensure this proposal meets your needs and expectations.

In order to provide the most cost-effective consulting services to the City, SWCA is pleased to offer the City a 5% discount in our labor rates.

Thank you for the opportunity to provide this proposal. Should you have questions regarding this proposal, please feel free to contact me at (626) 240-0587 or [email protected].

Sincerely,

Debi Howell-Ardila, MHP Heather Gibson
Senior Team Lead, Architectural History Cultural Resources Director

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CONTENTS

1. Identification of Proposer . ...................................................................................................................... 1

2. Staffing Resources . ................................................................................................................................ 3

3. Exper i ence and Technical Competence ............................................................................................... 7

4. Approach to Work . ................................................................................................................................ 15

5. Fee Proposal . ......................................................................................................................................... 21

6. OT HER Information ............................................................................................................................... 23 APPENDIX A: RESUMES ............................................................................................................. 25 This proposal was produced with
100% recycled paper
100% recyclable binding materials
APPENDIX B: FORMS................................................................................................................. . 47

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1. IDENTIFICATION OF PROPOSER

CONTACT PERSON
The contact person for this contract is:

Debi Howell-Ardila, MHP
Sr. Team Lead | Architectural History
SWCA, Pasadena Office
51 W. Dayton Street
Pasadena, California
Office: (415) 536-2883
Direct: (626) 240-0587
Email: [email protected]

FIRM OVERVIEW
SWCA, Incorporated (legal name) is an S Corporation, employee-owned company. We are one of the largest environmental consulting companies in California with a focus solely on environmental science. Our planners, cultural and natural resources experts, and other technical specialists have diverse experience working for clients in both the public and private sectors, with specialized expertise in California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) compliance, planning, cultural and natural resources management, architectural history, and permitting. Started in 1981, SWCA has grown into a large business with more than 1,200 employees in 40 offices throughout the United States, including seven locations in California: Pasadena, San Diego, San Francisco, Half Moon Bay, Oakland, Sacramento, and San Luis Obispo.

For over four decades, SWCA has provided comprehensive environmental planning, regulatory compliance, and natural and cultural resource management services to clients across the United States. We work to understand the full life cycle of each project, from its early inception to completion. In the face of rapid environmental, economic, and societal changes, SWCA provides a comprehensive approach to the challenges our clients face. We offer a focused suite of environmental consulting services combined with regional knowledge, professionalism, customer focus, and high-quality service. We apply our motto “Sound Science, Creative Solutions” to each of our projects.

SWCA offers a wide range of knowledge and expertise in all aspects of historical resources support. Cultural resources management is one of SWCA’s core services, and we have over 200 full-time architectural historians/historians, archaeologists, ethnographers, and paleontologists in our western United States offices, supported by an in-house team of GIS professionals and project coordinators. SWCA’s local technical capabilities are supplemented by our comprehensive corporate support staff, which includes an integrated companywide safety program, sophisticated project management tools, and technical editors.

CULTURAL RESOURCES GROUP
SWCA offers clients one of the largest cultural resource management programs in the nation. We draw upon a diverse and experienced staff who can help clients comply with a wide range of federal, state, and local regulations, including CEQA and Section 106 of the National Historic Preservation Act of 1966 (NHPA). Our cultural resource management services include archaeological literature searches, surveys, preservation and treatment plans, memoranda of agreement, site testing/evaluations, data recovery, construction monitoring, laboratory analysis, and SWCA’s Architectural History Group in
California offers a combined half century
of expertise in providing defensible, high-
quality historic preservation planning,
policy, and consulting services to cities
throughout the state.

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curation preparation. SWCA’s Pasadena office also is proud to provide a range of historic preservation and architectural history consulting services. These services include the preparation of historic resource evaluations and surveys, archival research, landmark preparation, historic context statements, and Secretary’s Standards project review, as well as historic preservation ordinances and program-level guidance. We are experts in assisting with Senate Bill 18 and Assembly Bill (AB) 52 consultation with local tribes. We also provide clients with paleontological consulting services, including literature-based study of paleontological resources in a given project area, field surveys when needed, and review of the most recent geologic mapping, as well as the scientific literature.

ARCHITECTURAL HISTORY GROUP
SWCA’s Architectural History Group in California offers a combined half century of expertise in providing high-quality historic preservation consulting services to clients statewide. Our proven, time-tested approach allows SWCA to complete high-quality historic resource evaluations, Secretary’s Standards project reviews, defensible and thorough impacts analyses, and preservation planning services tailored to the needs and requirements of our clients. One of the strengths of SWCA’s Cultural Resources Program is its collaborative, creative, team-oriented approach. This quality, along with the caliber of the cultural resources staff, has made SWCA the go-to firm for numerous high-profile cultural resource projects.

Our architectural historians and preservation planners are as well versed in historic preservation policy and best practices as they are in environmental compliance. The point-of-departure for any successful historic preservation project is a thorough understanding of the regulatory framework. In this way, SWCA’s Architectural History Group benefits from decades of experience in best practices in historic preservation, historic resource analysis, and creating defensible, thorough environmental compliance documentation.

Our team members have successfully completed hundreds of projects ranging from historic preservation plans, preservation ordinances, and design guidelines, citywide historic resource surveys, and Multiple-Property Documentation context statements, to technical reports in support of NEPA, CEQA, and local municipal jurisdictions throughout California.

Overall, in its decades of California experience, SWCA has mastered the full range of historic preservation consulting services relevant under this RFP, including weighing federal, state, and local significant criteria in historic resource surveys; developing sound historic preservation ordinances (and guiding them through the approvals process through community outreach, commission and council work-study sessions, and hearing attendance); developing historic context statements; and consulting with local interest groups on historic preservation issues.

Through our work with local cities and agencies, our team members have also provided extension-of-staff historic preservation planning services. This work has included project review to facilitate compliance with the Secretary’s Standards and local design guidelines, coordination with project architects and contractors, preparation of staff reports, and testimony and presentations at commission and council hearings. Through this experience, we have developed efficient management processes to provide consistent, high-caliber client service. Our cultural resources team is further supported by expert in-house planners, GIS staff, graphic designers, technical editors, and document production specialists.

We are confident that our track record demonstrates our ability to provide high-quality consulting services and to collaborate effectively with clients, stakeholders, decision-makers, and community members.

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2. STAFFING RESOURCES
SWCA is well suited to provide time- and cost-efficient cultural and historic resources consulting services under this contract. In accordance with the RFP, this section provides (1) an overview of key staff assigned to this project, along with disciplines, job titles, and project roles; the three principal staff members identified for this project, including the roles and responsibilities, are also detailed in the table below; (2) proposed team organization, including identification and responsibilities of key personnel; and (3) brief biographies of individuals who will be working directly with the City.

Full resumes for all staff selected to work on this contract, with detailed descriptions of relevant experience and qualifications, follow this proposal as Appendix A.

OVERVIEW OF KEY STAFF AND PRINCIPAL POINTS-OF-CONTACT
For this important project, SWCA has identified the following specialists to complete work efforts. Three principal points-of-contact are also identified in the chart below. In addition to this core team, SWCA has a robust cultural resources and historic preservation staff throughout the western United States who can provide additional support if needed.

TEAM MEMBER, YEARS OF

EXPERIENCE, JOB TITLE

PROJECT ROLE
Debi Howell-Ardila, M.H.P. (16 years)
Senior Team Lead, Architectural History,
Project Manager
Principal Point-of-Contact for the City
Project Manager, Lead Historic Preservation Specialist
Lead author for historic preservation sections of Cultural Resources Element updates and recommendations for Historic Preservation Ordinance Garret Root, M.A. (13 years)
Senior Architectural Historian
Principal Point-of-Contact for the City
Task Lead for Historic Resources Survey; provide senior review of technical report and guidance to ensure processes and documentation are defensible John Dietler, Ph.D. (27 years)
Vice President Principal-in-Charge
Principal Point-of-Contact for the City
Strategic Oversight, Cultural Resources Element Updates Chris Millington, R.P.A. (17 years)
Sr. Archaeologist/Tribal Consultation
Expert
Technical Lead, Cultural Resources/Archaeological Resources input on Cultural Resources Element and tribal consultation
Daniel Herrick, M.H.C. (9 years)
Historic Preservation Specialist
Assistant Project Manager; manage schedule, task tracking, and internal coordination; coordinate field surveys and conduct continuous QA/QC Stephanie Cimino, M.S. (18 years)
Architectural Historian
Architectural Historian and Historic Resources Survey support Millie Mujica, M.F.A. (3 years)
Staff Architectural Historian
Architectural Historian and Historic Resources Survey support Heather Gibson, Ph.D. (20 years)
Principal Investigator
Strategic Oversight, Principal Investigator, and QA/QC of deliverables Jennifer Mermilliod, M.A. (22 years)
Historic Preservation Specialist
Sub-consultant to SWCA; Historic Preservation Consultation, Historic Resources Survey Assistance, Community Outreach Support

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TEAM ORGANIZATION

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KEY PERSONNEL BIOGRAPHIES
DEBI HOWELL-ARDILA, M.H.P. | PROJECT MANAGER AND LEAD PRESERVATION

SPECIALIST
SWCA’s Senior Team Lead for Architectural History, Debi Howell-Ardila, will serve as lead preservation specialist and project manager for this effort. Ms. Howell-Ardila is an award-winning historic preservation professional with nearly 17 years of experience in environmental compliance, historic resource assessments, survey, and documentation. Ms.

Howell-Ardila’s project experience has included completion of a variety of project types, including project- and program-level environmental compliance studies, landmark nominations, Mills Act applications, and HABS documentation. She has conducted site investigations and led historic resource surveys and evaluations throughout California, with a particular emphasis on Southern California. Ms. Howell-Ardila exceeds the Secretary of the Interior’s Professional Qualifications Standards in architectural history and history.

During the past decade, Ms. Howell-Ardila has developed a specialized practice in preservation ordinance development. She served as principal author for two SWCA efforts: the Manhattan Beach Historic Preservation Ordinance, which was adopted in 2015, and the San Gabriel Historic Preservation and Cultural Resources Ordinance Update, which was adopted in 2017. Both projects involved extensive public outreach and community meetings, commission and council hearings, and work-study sessions to review ordinance provisions and answer questions, as well as City staff training sessions once the ordinances were adopted. In 2018, the San Gabriel Historic Preservation and Cultural Resources Ordinance Update received awards from the Los Angeles Conservancy and the California Preservation Foundation. Other recent project experience includes serving as principal author for the City of Riverside Latino Historic Context Statement, a thematic context statement documenting over a century of history, culture, growth, and civil rights for the City’s Latino community. As part of the project, Ms. Howell-Ardila conducted numerous community workshops, interviews, and oral histories. The City of Riverside Latino Historic Context Statement was honored with a Preservation Design Award from the California Preservation Foundation in 2019.

GARRET ROOT, M.A. | TASK LEAD, HISTORIC RESOURCES SURVEY SWCA’s Senior Team Lead in Architectural History, Garret Root, will serve as the task lead for the historic resources survey. Mr. Root has 13 years of experience in cultural resource management, research, and regulatory compliance relating to the built environment. He has served as an architectural historian on a multitude of documentation projects, including those under Sections 106 and 110 of the NHPA, NEPA, CEQA, PRC 5024 and 5024.5, and several local preservation ordinances. Mr. Root has extensive knowledge in all facets of project development, including methodology development and area of potential effects development, research, intensive survey, field recordation and management, report documentation, and agency review. He has extensive field knowledge in a variety of areas, including urban, rural, military, agricultural, and infrastructural settings. Mr. Root has worked extensively on large- scale, complex projects involving documentation of hundreds of buildings and structures. Additionally, Mr. Root has developed and implemented a multitude of streamlining tools to reduce the amount of time spent in the field for recordation of large survey populations.

Recent examples of large-scale documentation efforts include leading the documentation and evaluation of large sections of two Air Force bases, Travis and Nellis, in Fairfield, California, and Las Vegas, Nevada, respectively. The work included researching documentation on site records, developing property-specific histories, and applying the significance criteria under state and federal criteria. Mr. Root also led a large-scale survey along Friant-Kern Canal in Tulare and Kern Counties, California. Additional work includes developing the survey strategy and leading the documentation of the Willamette Valley Project in the preparation a Multi-Property Documentation in central Oregon.

The network of dams, reservoirs, support facilities, and recreational properties required an intensive survey with extensive original research and documentation. Mr. Root exceeds the Secretary of the Interior’s Professional Qualifications Standards in both history and architectural history.

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JOHN DIETLER, PH.D., RPA | PRINCIPAL-IN-CHARGE
Dr. Dietler is the Southern California Vice President and will ensure staff resources are allocated for projects initiated under this contract. Based in our Pasadena office, he leads SWCA's Southern California operation, providing strategic direction and leadership in the region's staff management and in maintaining its reputation for high-quality environmental consulting. As an archaeological principal investigator, he creates innovative research designs, mentors staff, and provides QA/QC for technical studies. He is a Registered Professional Archaeologist (RPA) and has conducted extensive cultural resources research in support of development, infrastructure, and multidisciplinary environmental projects in compliance with CEQA, NEPA, and NHPA Section 106. A versatile consultant who has supervised research projects of all sizes and descriptions, Dr. Dietler has served as subject matter expert for hundreds of projects throughout the western United States. He has managed large on-call contracts with major municipalities, utilities, and federal departments. In his role as principal-in-charge, he will ensure that the City of Colton receives all of the resources it needs.

CHRIS MILLINGTON, M.A., RPA | SR. ARCHAEOLOGIST/TRIBAL CONSULTATION EXPERT Chris Millington, M.A., R.P.A, will serve as the senior archaeologist and tribal consultation expert for this project. Mr.

Millington is a principal investigator in SWCA’s Pasadena, California, office and has 17 years of experience in cultural resource management. His responsibilities include technical oversight, research, project management, agency coordination, authoring cultural resources reports, analyzing spatial data, map production, and graphics. Across his entire career, Mr. Millington has contributed to over 200 compliance-driven projects with SWCA in eight states across the western U.S. In the last 11 years, he has focused on projects and research predominantly within his native Southern California, including both rural and urban settings. Mr. Millington has developed expertise in CEQA compliance, urban archaeology, and Los Angeles history. He regularly collaborates with engineers, construction crews, planners, and attorneys, on both the private and public sides, and is experienced in responding to mid-stream project design changes, public scrutiny, and unanticipated budget and schedule adjustments. Mr. Millington has extensive experience supporting public agencies for tribal consultation under AB 52 and regularly conducts desktop sensitivity assessments for archaeological and tribal cultural resources.

JENNIFER MERMILLIOD, M.A. | HISTORIC PRESERVATION CONSULTATION, SURVEY

ASSISTANCE, AND COMMUNITY OUTREACH SUPPORT
From her office in nearby Riverside, Jennifer Mermilliod will act as a subconsultant to SWCA to provide historic preservation consultation, survey assistance, and community outreach support . Ms. Mermillio d has 22 years of experience in historic preservation, historic resources surveys, and environmental compliance. Her extensive project background includes numerous large-scale surveys throughout Southern California, including recent surveys in the City of Riverside, where she designed survey methodologies and reviewed results as part of the City staff. Ms. Mermilliod, who exceeds the Secretary of the Interior's Professional Standards as a historian and architectural historian, has a Master of Arts degree in history/historic preservation from the University of California, Riverside. She also draws on extensive experience in the formulation of historic preservation policy documents and the management of a variety of projects, including National Register and California Register nominations, local designations, large- and small-scale surveys, and Section 106 and CEQA reviews . Ms. Mermilliod has engaged in policy and preservation planning, has served as a consultant and expert witness, and has presented professionally on historic preservation and related topics.

Ms. Mermilliod is fluent in regulatory compliance and proficient at applying eligibility criteria, analyzing project impacts and developing successful recommendations for design and mitigation. With project sizes ranging from a single property to over 2, 000 parcels, Ms. Mermilliod has extensive experience in a variety of project types and sizes throughout the region.

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3. EXPERIENCE AND TECHNICAL COMPETENCE
The SWCA team members selected to lead this effort have the proven experience and technical competence to build on the foundation already in place in Colton, in its existing Cultural Resources Element, survey, and Historic Preservation Ordinance. These foundational documents offer a sound starting point for updates and amendments that apply current best practices and innovative approaches.

In accordance with the RFP, this section includes (1) a description of our general experience and technical and professional skills for fulfilling the requirements of this project, including an overview of the number of years our firm has conducted business and how many years we have provided the requested scope of work for public-sector clients; (2) a minimum of three references demonstrating our successful track record in completing related projects; (3) a description of our firm’s local experience and knowledge of the City’s operations; and (4) project-specific experience for three most relevant service contracts.

GENERAL EXPERIENCE IN HISTORIC PRESERVATION CONSULTING SERVICES As noted previously, SWCA’s Architectural History Group in California offers a combined half century of expertise in providing high-quality historic preservation consulting services to clients statewide. One of the strengths of SWCA’s Cultural Resources Program is its collaborative, creative, team-oriented approach. This quality, along with the caliber of the cultural resources staff, has made SWCA the go-to firm for numerous high-profile cultural resource projects.

Our architectural historians and preservation planners are as well versed in historic preservation policy and best practices as they are in environmental compliance. Since 2015, SWCA’s Pasadena office has had the privilege of assisting two cities as they developed and launched new historic preservation and cultural resources ordinances: the City of Manhattan Beach, for its first-ever historic preservation ordinance, and the City of San Gabriel, for a long- overdue update to its 1960’s historic preservation ordinance. We understand through this experience on the consulting side, as well as our experience on the agency side, that no one code or policy document is right for every community. The cultural resources element and ordinance must be tailored to the needs and situation of the community. In this way, in addition to our technical expertise in preservation policy, SWCA has the experience and professional skill in facilitating and leading community outreach and stakeholder meetings that are inclusive and effective. We understand the importance of vetting ideas with the community, to field questions and concerns, and to ensure that this feedback is reflected in the policy documents and new code amendments. For our recent historic preservation ordinances, for example, SWCA found that extensive community outreach, stakeholder meetings, and commission hearings and work-study sessions were key for fielding questions and concerns and ultimately winning support and approval for the new policies.

We are also recognized experts in the
development of preservation policy documents and
ordinances. Our project manager for the effort,
Debi Howell-Ardila, has written two historic
preservation ordinances, one of which was
honored with awards from the Los Angeles
Conservancy and California Preservation
Foundation. Ms. Howell-Ardila also develops and
leads training workshops for the California
Preservation Foundation on best practices and
innovative approaches for preservation policy and
code.
“[The San Gabriel Historic Preservation and Cultural
Resources] draft ordinance is one of the best I have
read and will provide you with a solid foundation on
which to build your historic preservation program. The
procedures and policies laid out in your draft ordinance do an excellent job of capturing the current “best
practices” in local historic preservation in a very clear and concise manner.
— S
hannon Lauchner -Preis, California State Historic
Preservation Office

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A significant portion of this project will include a large-scale survey update. The original survey included a total of 1,540 of-age properties; among them, over 820 were found to qualify for local landmark listing. A total of eight residential historic districts, with over 160 contributors, were also identified. SWCA’s Architectural History Group has extensive experience in large-scale surveys and in developing the technical and contextual background necessary to streamline and optimize results. On the technical side, SWCA has a robust, in-house GIS department and capabilities in designing GIS-enabled tablets in the field to collect data in real-time. Our team has experience in an advanced GIS technology that allows for a fully remote, desktop, “Digital Windshield” reconnaissance survey that increases efficiencies and minimizes field time. In addition, our team members are experts in applying significance criteria consistently and comparatively. We have authored thematic historic context statements for cities and agencies throughout California.

In summary, SWCA has mastered the full range of historic preservation consulting services relevant under this RFP, including weighing federal, state, and local significance criteria, and developing sound historic preservation ordinances and guiding them through community outreach and the approvals process.

REFERENCES

AGENCY OR FIRM CONTACT INFORMATION SERVICES PROVIDED

CITY OF SAN GABRIEL

COMMUNITY DEVELOPMENT DEPARTMENT
Larissa De La Cruz, Community Development
Manager, City of Lancaster, California
(formerly Senior Planner, City of San Gabriel,
Community Development Department)
Phone: (661) 388-3377
Email: [email protected]
Prepared the City of San Gabriel Historic
Preservation and Cultural Resources
Ordinance Update; tasks included community
outreach, commission and council work-study
sessions, hearing attendance, and training
sessions for planning staff and commission

CITY OF AZUSA PLANNING DIVISION

Manuel Muñoz, Planning Manager
213 E. Foothill Blvd.

Azusa, CA 91702
Phone: (626) 812-5226
Email: [email protected]
Developed a streamlined, new template for
historic preservation projects and reviews by
the Historic Preservation Commission;
completed Secretary’s Standards project
review for a historic residential property in
Azusa slated for modifications

LOS ANGELES COUNTY DEPARTMENT OF

PUBLIC WORKS BUREAU OF ENGINEERING
Maria Martin, Environmental Supervisor II
1149 South Broadway, Suite 700
Los Angeles, CA 90015-2213
Phone: (213) 485-5753
Email: [email protected]
Provided a wide range of historic resource and
preservation-related services through multi-
year on-call contract

COLTON EXPERIENCE
Since 2015, SWCA has provided environmental, cultural resources, and historic preservation consulting services to the City of Colton.

For this multi-year and multi-phase project, SWCA, first as a subconsultant to PlaceWorks, prepared comprehensive cultural resources studies in support of the Southwest Regional Operations Project Environmental Impact Report (EIR) in the City of Colton. The project area spanned approximately 45 acres comprised of two parcels north of the Santa Ana River. The proposed project sought to construct an industrial truck facility on approximately 11 acres of land at the southwest corner of Aqua Mansa Road and Rancho Avenue. Our study was commissioned to facilitate compliance with CEQA.

In support of this project, our technical specialists completed a cultural resources records search and literature review, Native American coordination, a cultural resources survey, and preparation of a cultural resources technical report.

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This scope of work included historic resources evaluations, preparation of a historic setting and context, and analysis of potential impacts due to implementation of the project, as well as a range of feasible mitigation measures.

As a follow-up to this project, since 2019, SWCA has provided ongoing historic preservation and environmental consulting services in support of project implementation for the trucking facility project. Although SWCA was commissioned by the property owner, the project has included close coordination and review with City planning staff and reviewers.

The proposed project included the redevelopment of five parcels, one of which includes the Peter C. Peter’s House, located at 602 Agua Mansa Road. This property was found to be individually eligible for the National Register of Historic Places (NRHP), California Register of Historical Resources (CRHR), and for local designation in the City of Colton under Criteria A/1/1 for its association with the early development of the region; and under Criteria C/3/4 as an increasingly rare property type that is representative of a type, period, and method of construction. Given the property’s significance, the project proposed its rehabilitation and preservation, along with the redevelopment of the adjacent four parcels. As proposed, the 11-acre site would include an approximately 19,000-square-foot office building, fuel island, truck wash and service center, rest stop with showers, laundry facilities, truck maintenance, kitchen/cafeteria, and secure parking for trucks and cars.

SWCA’s focus for this project was to provide the property owner and the City with the substantial evidence necessary to determine the historic resource status of all affected properties and to proactively identify ways to avoid, mitigate, and lessen impacts to historic resources. In this way, SWCA’s services included historic resource evaluations and preparation of a Historic Preservation Work Plan (HPWP) for the historically significant Peter C. Peter’s House. Our HPWP report followed the guidelines and recommendations promulgated by the National Park Service in its Preservation Brief 43: The Preparation and Use of Historic Structures Reports. Additionally, SWCA prepared an Historical Resources Assessment for three of the other parcels proposed for development.

The purpose of the HPWP was to provide a range of practical, best-practice-based recommendations for the Peter C.

Peter’s House. Detailed documentary and existing conditions information was provided; character-defining features were identified and documented, along with changes to the property over time. The HPWP also set priorities for repairs, seismic upgrades, and rehabilitation projects, in order to help the City and property owner determine high- priority projects and those to be used as part of a longer-term maintenance plan.

The HPWP also outlined appropriate treatment recommendations for rehabilitation and adaptive reuse. The goal was presenting a level of detail that would provide the property owner and the City with a clear roadmap for project completion and subsequent review. Since its creation, the HPWP has helped guide the initial phases of stabilization, repairs, and mothballing. In addition, because of its detailed, component-by-component examination of the resource and the work efforts needed over time, the HPWP will continue to inform future work, maintenance activities, and long-term adaptive reuse for the home. As of early 2022, SWCA is completing a HPWP update for the property owner and City, to review projects completed to date and to provide an update to the HPWP.

Throughout this multi-year project, SWCA closely coordinated with the City to ensure that our scope met their needs as lead agency. SWCA retained highly qualified historic architects and structural engineers to provide input to the HPWP as well as further insights into the property’s current condition, as well as an engineer to assess current structural and seismic condition.

As a result of this project, SWCA was able to develop a close understanding and appreciation of the City’s historic preservation ordinance, Cultural Resources Element, historic setting, and architectural heritage.

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PROJECT SPECIFIC EXPERIENCE

CITY OF SAN GABRIEL HISTORIC PRESERVATION ORDINANCE UPDATE

CITY OF SAN GABRIEL, LOS ANGELES COUNTY, CALIFORNIA
CLIENT CONTACT Larissa De La Cruz, Community Development Manager, City of Lancaster, California (formerly Senior Planner, City of San Gabriel, Community Development Department) (661) 388-3377; [email protected]
CONTRACT VALUE $40,000
TIMEFRAME 2015–2017
Under contract to the City of San Gabriel, Senior Team Lead Ms.

Howell-Ardila led efforts at SWCA to update the City of San Gabriel’s Historic Preservation and Cultural Resources Ordinance.

Considered the birthplace of the Los Angeles region, San Gabriel is home to the oldest settlement site in the County. As such, the City has a wealth of cultural resources—from archaeological sites and Mission- era cultural resources to 20th-century historic landmarks and intact, cohesive neighborhoods. Since adoption of this first ordinance in 1965, however, much had changed in historic preservation practice and law.

San Gabriel’s original ordinance spanned only four short sections. In addition to the familiar development pressures of mansionization, recent discoveries of significant archaeological resources near the Mission San Gabriel Archangel intensified the need for stronger historic preservation and cultural resources policies.

The old ordinance was ill-equipped to address these challenges. At the same time, when the City updated its General Plan in 2004, the new Cultural Resources Element reflected strong citizen support for a new robust ordinance as well as broader recognition for Native American–related resources. In 2015, against this backdrop, SWCA, in partnership with Chattel, Inc. Historic Preservation Consultants, updated the City’s historic preservation ordinance.

With San Gabriel’s unique history and setting in mind, SWCA drafted each section of the ordinance to reflect best preservation practice. The overarching goal was creating not just a new preservation law but a comprehensive preservation program. Key updates included the establishment of 1) a Cultural Resources Commission; 2) effective provisions for the identification and management of archaeological resources; 3) criteria for designation, nomination, approval, and appeals; 4) strong provisions for the issuance of demolition permits; 5) tiered, streamlined project review; 6) more robust economic and zoning incentives for preservation; and 7) provisions that clarified the nexus between the local ordinance and state law and facilitated compliance with state law.

In August 2017, San Gabriel’s updated Historic Preservation and Cultural Resources Ordinance was adopted by the City Council. The new law advanced historic preservation and cultural resource management in Los Angeles County by allowing San Gabriel to proactively respond to 21st-century challenges and identifying and preserving significant Native American sites and resources.

The San Gabriel Historic Preservation
and Cultural Resources Ordinance
Update was honored with awards
from The Los Angeles Conservancy
and California Preservation
Foundation.

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LOS ANGELES DEPARTMENT OF PUBLIC WORKS, BUREAU OF ENGINEERING ON-CALL

SPECIALTY ENVIRONMENTAL SERVICES CONTRACT

LOS ANGELES COUNTY, CALIFORNIA
CLIENT CONTACT Maria Martin, Environmental Supervisor II, LADPW Bureau of Engineering (213) 485-5753; [email protected]
CONTRACT VALUE $759,367
TIMEFRAME 2006–Present
SWCA has held an on-call specialty environmental services contract with the Los Angeles Department of Public Works, Bureau of Engineering since 2006. To date, SWCA has successfully completed more than 40 projects including a broad range of cultural resources services, such as historic property surveys, historic structures reports, HABS/HAER documentation, historic monument nominations, and archaeological surveys, sampling, excavation, monitoring, and analysis.

These projects included a wide variety of historic resource analysis and preservation-related tasks, such as archival research, site visits, evaluations, identification of character- defining features, and project analysis for compliance with the Secretary’s Standards. Impacts assessments and development of mitigation measures also represented a focal point for task orders completed under this contract.

A sample of projects completed under this contract is presented below.
 Main Street Lighting Improvement Project. Historical and archaeological assessments for streetlight upgrade project including preparation of Caltrans cultural resources technical reports.  Cesar Chavez Transit Improvement Project. Historical and archaeological assessments for streetscape and pedestrian improvement project including preparation of Caltrans cultural resources technical reports.  San Pedro Plaza Park Project. Phase I archaeological and built environment assessment, construction monitoring, historic interpretive signage.
 Gaffey Street Pool and Bathhouse Project. Phase I archaeological assessment, built environment evaluation, review of project plans for compliance with the Secretary’s Standards for Rehabilitation, construction-phase data recovery for a World War II–era military slit trench discovered during project excavation.  7 th Street Body Shop. Archaeological resource assessment, historical resource assessment, paleontological assessment, Cultural Resources Management Plan, and archaeological presence/absence testing for project proposing replacement of existing vehicle repair shop.
 Lankershim Arts Center Rehabilitation. Secretary of the Interior’s Standards Analysis for proposed renovation project for arts center.

Granada Hills Pool and Bathhouse

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PORT OF LOS ANGELES ON-CALL CULTURAL SERVICES

LOS ANGELES COUNTY, CALIFORNIA
CLIENT CONTACT Lucy Lin, D.Env., PMP, Senior Project Manager, CDM Smith Mobile (909)525-5234 [email protected]

CONTRACT VALUE $345,358
TIMEFRAME 2005–2019
From 2005 to 2019, SWCA provided cultural resources
support to CDM Smith under their on-call environmental
services contract for the Port of Los Angeles (POLA). In that time, our cultural resource specialists completed a wide range of studies and surveys at the port, in architectural history, archaeology, and paleontology. These projects included a wide variety of historic resource analysis and preservation- related tasks, such as archival research, site visits,
evaluations, identification of character-defining features, and project analysis for compliance with the Secretary’s Standards.

Impacts assessments and development of mitigation
measures also represented a focal point for task orders completed under this contract.

Task orders completed under this contract included the following:
• San Pedro Boat Works Historical Survey. Survey of 3.5-acre complex, preparation of California Department of Parks and Recreation (DPR) Series 523 forms recording the property as a historic district. • Matson Container Terminal Historical Resources Assessment. Assessment of container terminal for eligibility for federal, state, and local listing.
• Immigration Station Building Project. Summary of character-defining features and preliminary design review for property found eligible for federal, state, and local listing. SWCA’s services included review of the project design for compliance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.
• Cultural Resources Evaluation for Berths 226-236 Everport Container Terminal Project. Built environment survey/evaluation of five properties. Archaeological assessment included identification of remains of the former Terminal Island Japanese Fishing Village.
• Historic Architectural Survey for the Pan Pacific Fisheries Building. • Berths 167-169 Shell Oil Terminal Marine Oil Terminal Engineering and Maintenance Standards (MOTEMS) Improvement Project.
• Historic Resources Survey of 12 Buildings, for potential eligibility under federal, state, and local criteria. • Ter minal Island Historic Survey. Historic resources evaluation report of Terminal Island, including all POLA-owned properties on the island. The purpose was to identify, evaluate, and record any historic architectural resources that may be eligible for listing in the NRHP, CRHR, or for designation as a City of Los Angeles Historic-Cultural Monument or Historic Preservation Overlay Zone. A total of 48 properties were identified within the project area; of these, 16 were intensively surveyed, recorded, and evaluated

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• Al Larson Boat Shop Cultural Resources Assessment. Background research and intensive-level survey of the Al Larson Boat Shop property. Each of the buildings and structures on the property was evaluated for listing in the NRHP, the CRHR, or local designation. SWCA also prepared an impact assessment reviewing project alternatives and proposed mitigation measures to reduce impacts.

TECHNICAL COMPETENCE

CULTURAL RESOURCES DATA COLLECTION TOOLS
SWCA is proactive in developing innovative technological approaches to provide our staff with the tools they need to complete their work efficiently and accurately. Employing advanced technology gives our clients higher caliber results in less time, and often at a lower cost. The electronic equipment our teams use offers accuracy, quality control, and fieldwork efficiency.

DIGITAL SITE DOCUMENTATION
Examples of SWCA’s innovative technological approach include our use of Android tablets coupled with Juniper Systems Geode real-time sub-meter GPS receivers to geolocate and document archaeological features. Our tablet and geode pairs run ESRI Collector for ArcGIS and Survey 123 software for seamless integration with our office- based GIS platform. SWCA’s mobile data collection software significantly streamlines the in-field documentation process, providing a vast improvement in efficiency over more common Trimble-based collection systems. The tablets use databases developed by in-house information technology specialists, allowing for efficient and consistent data collection in the field.

The use of tablets rather than paper forms for entering field data eliminates transcription errors and creates efficiencies during post-field information processing and reporting. Field data recorded on the tablets is loaded directly into SWCA’s custom databases, automatically populating fields within digital forms and report templates. This process eliminates the need to re-type information, saving time and maintaining data integrity.

UNMANNED AERIAL VEHICLES
Another of SWCA’s recent innovations has been the utilization of UAVs or drones for the accurate photo documentation and mapping of archaeological sites and historical structures. Using UAVs provides information that would be difficult and time consuming to obtain through a strictly “boots on the ground” approach. UAV imaging allows SWCA field crews to capture aerial photography when and where it is most relevant during archaeological surveys, excavations, or construction activities. More than simply a means of acquiring data, the SWCA drone program is designed to provide detailed analyses and interpretation of the collected data, as well as presenting it in a form that is visually accessible. These analyses can be customized to best suit the parameters of the project, producing unique solutions to address specific needs. Aerial imagery collected by UAVs can be georeferenced and used in GIS mapping, and 3D models can be generated to accurately record archaeological features and historic buildings.

Drawing on previously acquired data, LiDAR can be used to reveal archaeological structures hidden beneath heavy vegetation.

GEOGRAPHICAL INFORMATION SYSTEM TECHNOLOGY
SWCA provides GIS services tailored to our client’s requirements. Our objective is to supply seamless integration of geospatial information to assist in planning, management, and decision making. SWCA’s GIS team consists of over 50 professionals throughout the company with a wide range of expertise in spatial analysis, photogrammetry, remote sensing, programing/scripting, and the use and customization of ESRI web and mobile data collection applications to streamline the collection and integration of field data.

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In addition to the use of industry-leading GIS database and software applications, SWCA has a long history of developing custom solutions tailored specifically to meet the needs of our clients. For many large projects, SWCA has developed client-specific web portals through ArcGIS Online. Such a web-based application would allow the City’s planners and decision makers to easily access, view, and work with the cultural information collected by SWCA teams in the field. Using the web portal, it would be possible to quickly call up a map showing the precise geographic locations of all cultural sites within one or more project areas along with their relationships to established land elements such as Tax Map Parcels, Land Use Districts, and Special Management Areas and how they might be impacted by planned highway infrastructure. Access to this portal could be shared with external planners and others cooperating on City projects. Detailed information on individual archaeological sites would be accessible with the click of a mouse, enabling planners to immediately identify site significance and treatment recommendations, and to recognize sensitive sites such as human burials.

GIS Analytical Modeling Software

SWCA employs a combination of GIS and statistical software in our probability modeling. Most of our modeling efforts have been focused on identifying high probability areas for cultural resources; however, models have also been built for natural resources such as the desert tortoise. Modeling frameworks are built using ESRI ArcGIS, primarily with the assistance of ESRI’s Spatial Analyst extension and the ModelBuilder application. These are used to establish a baseline of environmental variables and cultural or natural resource locations of interest. We then turn to statistical software to evaluate the strength of the relationship between variables. While we have used a range of software for this process, we currently favor the stepwise logistic regression method offered in JMP, which was designed by the SAS Corporation and is capable of interacting with other SAS products. We use this software to derive equations describing the optimal arrangement of resource locations and environmental variables, along with the weight of each variable’s contribution. These equations are then entered into the Raster Calculator within ArcGIS to produce the final model output. SWCA first developed this rigorous and defensible model structure in 2008, and since then we have successfully implemented models for numerous projects throughout the western and central United States.

QUALITY CONTROL
SWCA’s editorial policies and guidelines, administered by a professional technical editor and supported by experienced production staff, provide a streamlined approach to consistently produce reports and documents of excellent quality. Our editors ensure consistency with agency design guidelines and templates, including specifics regarding outlines, fonts, and spacing.

All reports are prepared by a technical specialist and then reviewed by the project manager and technical and QA/QC staff for content, logic, data use, professional quality, and response to project needs. Once the project manager has conducted an initial review for consistency with project details and agency requirements, the technical editor subsequently reviews the reports for style, grammar, and format. Report edits are completed using Microsoft Word’s track changes function, creating a record of the document’s editorial history. If necessary, the primary author then reviews the document, addresses any issues, and accepts or rejects the changes, and the project principal conducts a final review before production. After a production team prints and assembles the document, the project manager performs a final quality control check. Finally, the project manager distributes the document to the client using secure electronic and shipping methods. We hold our subconsultants to the same standards of quality that we strive to maintain. All deliverables submitted by a subconsultant will be subject to the same quality control procedures that SWCA documents go through, ensuring a quality product.

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4. APPROACH TO WORK
The following describes SWCA’s recommended approach for this important project. Task 1 describes the recommended scope and tasks for updates to the Cultural Resources Element, including all required project components listed in the RFP; Task 2 describes tasks for successful completion of the Historic Resources Survey Update; and Task 3 provides an overview of the scope for the Historic Preservation Ordinance Update Recommendations. Milestones, schedule, and deliverables are provided for each task separately.

TASK 1. UPDATE TO GENERAL PLAN CULTURAL RESOURCES ELEMENT TASK 1.1 PROJECT INITIATION, MANAGEMENT, AND CLIENT MEETINGS Updates to the General Plan Cultural Resources Element will begin with a kick-off meeting with City staff, in order to confirm project schedule, objectives, and milestones. This meeting will be attended by the SWCA project manager and technical lead for archaeology. At this time, SWCA will request available information, including previous survey materials and studies, Arc-GIS data sets, base maps, and other related background materials as available (technical reports, environmental documents, photographs, etc.). This task also covers on-going project management time throughout the project’s anticipated 1-year schedule.

In accordance with the RFP, SWCA will also attend up to six (6) meetings with Planning staff (in person or remote).

TASK 1.2 LITERATURE REVIEW AND RESEARCH
A phase of intensive literature review will follow, in order to ensure that our Cultural Resources Element update builds on the progress and foundation of previous documents, while also identifying areas for new or changed policies and improvements. At present, the element includes a brief section exploring the historic and cultural setting of the City, existing policies and initiatives, issues and challenges, and element goals and policies. Figures are provided to illustrate known archaeological resources and historic districts, among other features. These sections provide a good starting point for element updates. Strengths of the Cultural Resources Element at present include its clear and concise language and overview of the cultural resources setting in Colton.

TASK 1.3 COMMUNITY WORKSHOP AND PLANNING COMMISSION WORKSHOP Following this phase of literature review, SWCA will coordinate with the City to schedule and plan our community workshop. Depending on the tasks authorized by the City, the community workshop will include introductions to both the Cultural Resources Element update, as well as the historic resources survey update and recommendations for refinements to the Historic Preservation Ordinance. SWCA will provide ample opportunities for active participation and engagement for members of the public and decision-makers. SWCA will also work with the City to anticipate and address community and Planning Commission questions and concerns. A PowerPoint presentation will be prepared by SWCA for these workshops, which will be similar but tailored to the audiences; SWCA will also take detailed notes at each workshop and distribute them to the City.

TASK 1.4 CULTURAL RESOURCES ELEMENT, ADMINISTRATIVE AND FINAL DRAFTS Based on this feedback and direction from the City, SWCA will update the Cultural Resources Element. As noted above, the existing element provides a good starting point for updates and expansion. As the Cultural Resources Element approaches its 22nd anniversary this fall, it would benefit from expanded and more robust actionable sections on a number of topics. These could include (but not be limited to) provisions for tribal consultation, updated baseline data on known and pending archaeological resources, community and commission education, resource identification and designation, and an expanded incentives program. In addition, less robust at present are the sections on

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architectural history and the City’s sociocultural heritage and resources. Goals and policies that will allow the City to make progress in these areas will also be included.

SWCA will utilize available City, county, and state records and information to update known and pending archaeological resources in the City. The goals and policies updated in the element will include tribal consultation requirements and sound, best-practice-based management recommendations for the treatment and preservation of cultural resources. In order to produce high-quality, user-friendly deliverables, SWCA will rely on our professional, in- house graphics team to produce the required formatted Cultural Resources Element, with maps and exhibits printed in 11 × 17–inch fold-out format.

The following section presents SWCA’s Milestones, Schedule, and Deliverables for completion of this task within the requested 1-year framework.

MILESTONES AND SCHEDULE

MILESTONES SCHEDULE
Project kick-off meeting Within Month 1
Community Workshop and Planning Commission Workshop (two workshops, to discuss and gather feedback on all authorized tasks)
Months 3 and 4
Administrative Draft of Updated Cultural Resources Element to City Month 6 Planning Commission Hearings (up to two hearings) Months 7 through 10 City Council Hearing (up to one hearing) Month 11
Meetings with Planning staff (up to six remote or in-person) TBD

DELIVERABLES
 Administrative Draft of Updated Cultural Resources Element (10 copies, in right-sized three-ring binder)  Final Administrative Draft for City Council hearing (12 copies, in right-sized three-ring binder)  Final adopted element (25 copies, in right-sized three-ring binder)  One (1) PowerPoint presentation for Community and Planning Commission workshops; two (2) PowerPoint presentations for first and second Planning Commission and City Council hearings  Minutes of Community Workshop and Planning Commission workshop TASK 2. UPDATE TO HISTORIC RESOURCES SURVEY
TASK 2.1 PROJECT INITIATION, MANAGEMENT, AND CLIENT MEETINGS Updates to the Historic Resources Survey will begin with a kick-off meeting with City staff, in order to confirm project schedule, objectives, and milestones. This meeting will be attended by the SWCA project manager and survey lead.

At this time, SWCA will request available information, including previous survey materials and studies, Arc-GIS data sets, base maps, and other related background materials as available (technical reports, environmental documents,

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photographs, etc.). This task also covers on-going project management time throughout the project’s anticipated 1-year schedule.

In accordance with the RFP, SWCA will also attend up to six (6) meetings with Planning staff (in person or remote) for this task. Should more than one task be approved as part of this project, these meetings can be coordinated and combined for maximum efficiency.

TASK 2.2 PRE-FIELD RESEARCH, LITERATURE REVIEW, AND GIS SURVEY DATA In this phase, SWCA will conduct pre-field research and literature review to develop a working list of target properties for the survey update as well as the thematic criteria for evaluations. As stated previously, the previous historic resources survey assessed a total of 1,540 properties, 828 of which were found eligible for at least local landmark listing. Another eight residential historic districts were identified, with a total of 168 contributors. The previous survey, which considered properties constructed through 1941, also relied on visual inspections in the field in order to ascertain dates of construction (rather than using assessor’s parcel data or other sources to verify dates of construction).

Working with the survey baseline of 828 properties, SWCA will coordinate with our in-house ArcGIS experts and the City to refine our survey target list. Data refinement tasks will include (1) mapping previously identified historic districts, to efficiently field check and confirm boundaries and contributors/noncontributors; (2) identifying and omitting all properties previously found eligible that were since demolished in the intervening 20 years since the last survey; and (3) identifying and mapping those parcels with properties that have reached 50 years of age since the time of the last survey (i.e., any property constructed after 1972). Target properties from the original survey will be input into a database to inform fieldwork and windshield survey efforts in Task 2.3.

The RFP does not presently include properties that have come of age since the last survey effort. Should the City wish to include the additional parcels, constructed between 1942 and 1972, SWCA will prepare a change order to include those parcels in the survey update. It is further assumed for purposes of this scope of work that properties previously found ineligible will not require re-survey; however, as part of the pre-field research, a cross-section of previously ineligible properties will be identified and field-checked in the initial windshield survey (described below).

Pre-field research will include development of a set of consistent criteria and contexts for consideration in the survey update. This task will draw on and expand the brief historic context section prepared for the early 1990s survey. In addition, the pre-field phase will incorporate comments and feedback gathered during the community workshop and Planning Commission workshop scheduled for Month 3.

TASK 2.3 COMMUNITY WORKSHOP AND PLANNING COMMISSION WORKSHOP Following this phase of literature review, SWCA will coordinate with the City to schedule and plan our community workshop. Depending on the tasks authorized by the City, the community workshop will include introductions to both the historic resources survey update, Cultural Resources Element update, and recommendations for refinements to the Historic Preservation Ordinance. SWCA will provide ample opportunities for active participation and engagement for members of the public and decision-makers. SWCA will also work with the City to anticipate and address community and Planning Commission questions and concerns. A PowerPoint presentation will be prepared by SWCA for these workshops, which will be similar but tailored to the audiences; SWCA will also take detailed notes at each workshop and distribute them to the City.

TASK 2.4 RECONNAISSANCE- AND INTENSIVE-LEVEL SURVEY UPDATE Using the data developed through Task 2.2, SWCA will complete a reconnaissance-level survey, and then an intensive-level survey, of the extant eligible properties identified through the literature review phase. Evaluations will

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consider federal, state, and local criteria as well as any themes and eligibility standards established through research and development of a focused historic context statement.

The initial reconnaissance-level survey, also known as a “windshield” or once-over survey, will consist of a broad overview of resources and neighborhoods. A team of two or three qualified architectural historians will drive the survey areas and collect information on the overall character of survey areas. We will map those properties, historic districts, and other features warranting follow-up intensive-level survey and documentation. Field surveyors will utilize Survey 123 and ArcGIS-enabled tablets (described below) to collect data, photos, and other information. All data will be uploaded directly to the ArcGIS Online portal daily in an online webmap. This system will automate data collection, facilitate multi-user editing, and enable field and office staff to work simultaneously with the most up-to-date datasets.

The next phase of the survey will consist of intensive-level documentation of those historic resources, districts, and other built environment features that remain eligible for local, state, and/or federal listing. In accordance with the RFP, SWCA will (1) confirm and update information included in the 1992 survey, including recommending deletion of properties that no longer meet minimum criteria for historic significance, and (2) perform historic evaluations of up to ten (10) additional properties recommended by City staff and/or at public workshops.

Among the properties identified as eligible historical resources in the original survey, SWCA will re-survey, note overall character-defining features and major alterations readily visible from the public right-of-way, and update findings as needed. The presence of historic districts or thematic groupings will be noted and mapped. In accordance with page 3 of the RFP, the updated Historic Resources Survey will be formatted in the same manner as the Cultural Resources Element and will be included as an appendix to the updated Element. Maps and exhibits will be printed in color, and digital PDF files and ESRI GIS data layers will also be provided. In order to produce high-quality, user- friendly deliverables, SWCA will rely on our professional, in-house graphics team to produce the required formatted Historic Resources Survey update, with maps and exhibits printed in 11 × 17–inch fold-out format.

The following section presents SWCA’s Milestones, Schedule, and Deliverables for completion of this task within the requested 1-year framework.

MILESTONES AND SCHEDULE

MILESTONES SCHEDULE
Project kick-off meeting Within Month 1
Consolidation of data, development of survey database Within Month 1 Pre-field research and literature review Months 1 - 3
Community Workshop and Planning Commission Workshop (two workshops, to discuss and gather feedback on all authorized tasks) Month 3
Conduct Reconnaissance- and Intensive-Level Surveys Months 4 - 6 Administrative Draft of Survey Update Report to City Month 6 Planning Commission Hearings (up to two hearings) Months 7 and 9 City Council Hearing (up to one hearing) Month 11
Meetings with Planning staff (up to six remote or in-person) TBD

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DELIVERABLES
 Administrative Draft of Survey Update Report (10 copies, in three-ring binder)  Final Administrative Draft of Survey Update Report for City Council hearing (12 copies, in three-ring binder)  Printed Final Survey Update Report, appended to adopted element (25 copies, in three-ring binder)  All shapefiles and other relevant GIS data will be prepared in coordination with City GIS staff and provided for the City’s records following the completion of the intensive field survey task  One (1) PowerPoint presentation for Community and Planning Commission workshops; two (2) PowerPoint presentations for first and second Planning Commission and City Council hearings  Minutes of Community Workshop and Planning Commission Workshop TASK 3. RECOMMENDED UPDATES TO HISTORIC PRESERVATION CODE TASK 3.1 PROJECT INITIATION, MANAGEMENT, AND CLIENT MEETINGS The recommended updates to the Historic Preservation Ordinance will begin with a kick-off meeting with City staff, in order to confirm project schedule, objectives, and milestones. This meeting will be attended by the SWCA project manager. At this time, SWCA will review with the City those provisions and areas most in need of updates and/or new sections for the ordinance. This task also covers on-going project management time throughout the project’s anticipated 1-year schedule.

In accordance with the RFP, SWCA will also attend up to six (6) meetings with Planning staff (in person or remote) for this task. Should more than one task be approved as part of this project, these meetings can be coordinated and combined for maximum efficiency.

TASK 3.2 LITERATURE REVIEW AND RESEARCH
The existing Historic Preservation Ordinance in the City of Colton consists of three separate phases of code adoption and amendment. In 1987, the City adopted Ordinance No. 0-11-87, the “Historic and Scenic Preservation Ordinance.” This iteration of the ordinance established the standards and regulations for the identification, designation, and protection of historic and scenic properties. This law gave the City the ability to set its own tailor-made standards for which properties to designate, and how. Through this ordinance, the Historic and Scenic Preservation Commission was also established.

In 1996 and 1999, the code was again updated, through Ordinance No. 0-11-96, which expanded on standards and regulations for the designation and preservation of historic, scenic, and cultural properties, and through Ordinance No. 0-02-99, which created a provision for the identification and designation of historic districts in the City. The 1996 amendment also signaled a name change for the code chapter, which became the “Historic Preservation Ordinance of the City of Colton.”
SWCA will review these code provisions in depth in order to identify potential gaps in the ordinance and areas for expansion. The goal will be to put forward options for the City to consider, rather than prescriptive, one-size-fits-all measures.

TASK 3.3 RECOMMENDED HISTORIC PRESERVATION CODE UPDATES With this sound foundation in place, SWCA will draw on its expert knowledge of best practices and innovative approaches in historic preservation and cultural resource ordinances to develop options and recommendations for code updates. These might include recommended refinements and amendments to address the following topics:

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• Tiered project reviews that flex according to minor and major projects, and a process for streamlined review for minor projects
• A n expanded incentives program, taking into consideration various economic and code-based incentives for preservation
• Provisions for demolition permit review and evaluations for certain properties • A robust section on exceptions from code requirements, including provisions for certificates of economic hardship for specific cases
This analysis will include amendments to existing code as well as new ordinance sections. In our experience, it is essential for any policy document or code amendment to be tailored to the city. In this way, SWCA will provide a range of options and comparative background from other cities for any recommended new sections of the ordinance.

The results of this analysis will be presented in a memorandum for the record.

MILESTONES AND SCHEDULE

MILESTONES SCHEDULE
Project kick-off meeting Within Month 1
Research and literature review Months 1 - 3
Community Workshop and Planning Commission Workshop
(two workshops, to discuss and gather feedback on all authorized tasks) Month 3
Administrative Draft of Recommended Historic Preservation Ordinance updates to City
Month 6
Final Administrative Draft of Recommended Historic Preservation Ordinance updates to City
Month 8

DELIVERABLES
 Administrative Draft of Recommended Historic Preservation Ordinance Updates  Final Administrative Draft of Recommended Historic Preservation Ordinance Updates

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5. FEE PROPOSAL
TASK 1 CULTURAL RESOURCES ELEMENT UPDATE
Task 1.1 Project Initiation, Management, and Client Meetings $ 8,221.00 (Includes up to six (6) client meetings and project initiation meeting, in person or remote.

Should more than one task be approved as part of this project, these meetings will be combined.) Task 1.2 Literature Review and Research $ 7,019.00 (Includes literature review of existing and comparable cultural resource elements comparative options) Task 1.3 Community Workshop and Planning Commission Workshop $ 9,036.00 (Includes planning/attendance at two workshops, preparation of PowerPoint presentations, and recording and distributing meeting minutes)
Task 1.4 Cultural Resources Element, Administrative/Final Administrative Drafts $ 33,026.00 (Includes attendance, PowerPoint preparation, and meeting minute recordation at two (2) Planning Commission and one (1) City Council hearings and production of 47 compiled copies of deliverables (at Administrative, Final Administrative, and Final Adopted stages) TASK TOTAL: $ 57,302.00
RECOMMENDED 10% CONTINGENCY FUND: $ 5,730.00 TASK 2 HISTORIC RESOURCES SURVEY UPDATE
Task 2.1 Project Initiation, Management, and Client Meetings $ 8,298.00 (Includes up to six (6) client meetings and project initiation meeting, in person or remote.

Should more than one task be approved as part of this project, meetings will be combined.) Task 2.2 Pre-Field Research, Literature Review, and GIS survey database $ 13,828.00 (Includes ArcGIS analysis of previously identified eligible historic properties and refinement of list to include extant properties; start-up and loading ArcGIS-enabled survey tablets with data and dates of construction; literature review and research)
Task 2.3 Community Workshop and Planning Commission Workshop $ 6,965.00 (Includes planning/attendance at two workshops, preparation of PowerPoint presentations, and recording and distributing meeting minutes)
Task 2.4 Reconnaissance- and Intensive-level Survey Update $ 48,304.00 (Includes initial windshield survey/2–3 days and intensive-level documentation for 800 properties) Task 2.5 Historic Resources Survey Update Report $ 29,742.00 (Includes attendance, PowerPoint preparation, and meeting minute recordation at two (2) Planning Commission and one (1) City Council hearings and production of 47 compiled copies of deliverables (at Administrative, Final Administrative, and Final Adopted stages) TASK TOTAL: $ 107,137.00
RECOMMENDED 10% CONTINGENCY FUND: $ 10,710.00

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TASK 3 HISTORIC PRESERVATION ORDINANCE RECOMMENDATIONS
Task 3.1 Project Initiation, Management, and Client Meetings $ 2,934.00 (Includes up to six (6) client meetings and project initiation meeting, in person or remote.

Should more than one task be approved as part of this project, meetings will be combined.) Task 3.2 Literature Review and Research $ 2,668.00 Task 3.3 Draft/Final Recommended Historic Preservation Ordinance Updates $ 12,333.00 TASK TOTAL: $ 17,935.00
RECOMMENDED 10% CONTINGENCY FUND: $ 1,790.00

SWCA RATES
SWCA is pleased to offer the City a 5 percent discount on our staff rates. This discount is reflected in the table below.

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6. OTHER INFORMATION

SWCA APPROACH TO PROJECT STAFFING AND MANAGEMENT
One of our key strategies to address complex cultural resource studies and documentation is assigning the proper staff to each project. As demonstrated in this RFP, SWCA has staffed this important project with a highly qualified team of architectural historians, archaeologists, and technical specialists. Our deep bench of experts allows us to assign staff who are both well versed in the issues for each project (e.g., preservation policy, large-scale historic resource surveys, and best practices in ordinance language) and have ample availability.

SCHEDULE EFFICIENCIES
Our standard practice is to discuss invoicing preferences, accounting details, budget parameters, schedules, milestones, and interim deliverable targets with the client at a kick-off meeting, allowing us to monitor and manage costs effectively. As a part of this discussion, establishing realistic schedule parameters with the City at the start of a project sets the foundation from which project timelines and costs are monitored and controlled. Our project managers will collaborate with the City to identify schedule milestones and interim deliverable targets prior to initiating work. We also use the schedule milestones to provide monthly or more frequent status updates, as requested, to ensure that all project timelines are met. SWCA uses Microsoft Teams, Microsoft Excel, and other technological tools to develop project management tracking spreadsheets to track action items, key deadlines, issues needing to be resolved, and other critical aspects of the project. By calling out even the most basic tasks and assigning each a milestone deadline, we can easily identify when schedules are on track or possibly slipping and mitigate the slippage immediately.

COST EFFECTIVENESS AND BUDGET CONTROL
The SWCA team strongly believes that the practice of high-quality, responsive work is the essence of cost optimization. We will integrate our cost control strategies into every task assigned by the City. This will include implementation of detailed project tracking, economies of scale, dedicated team and right-staffing, deployment locations and resource knowledge, and looking ahead to identify long lead times. SWCA is renowned for our thorough and precise initial administrative draft documents, which routinely skip rounds of agency review and remove the need for subsequent drafts due to our rigorous QA/QC process. The shortened review process allows projects to move ahead faster, ahead of schedule and under budget, and is a cornerstone of our CEQA practice.

DESCRIPTION OF COMMUNITY INVOLVEMENT
SWCA strives to make our community meetings interactive events, with ample opportunities for meaningful input, for gathering information, and addressing questions and areas of concern. In our experience, community input is imperative to identify issues, concerns, and historic themes and properties that might have significance within the various communities of the City. SWCA regularly conducts public information sessions and convenes groups of diverse stakeholders, often with polarized interests, in historic preservation. We work with clients to design and implement a public involvement plan that outlines the objectives and goals of public outreach and information sharing, and to design and implement meetings. We seek to foster meaningful participation, provide transparent engagement, and document the diverse opinions of all who seek to participate. Through our extensive experience conducting effective and inclusive public outreach, our team will proactively strategize with the City regarding any conflicts, sensitive communications, and collaborative problem-solving challenges.

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DESCRIPTION OF PREVIOUS INVOLVEMENT WITH THE CITY
Since 2015, SWCA has provided environmental, cultural resources, and historic preservation consulting services to the City of Colton. For this multi-year and multi-phase project, SWCA, first as a subconsultant to PlaceWorks, prepared comprehensive cultural resources studies in support of the Southwest Regional Operations Project EIR. The project area spanned approximately 45 acres comprised of two parcels north of the Santa Ana River. The proposed project sought to construct an industrial truck facility on approximately 11 acres of land at the southwest corner of Aqua Mansa Road and Rancho Avenue. This scope of work included historic resources evaluations, preparation of a historic setting and context, and analysis of potential impacts due to implementation of the project, as well as a range of feasible mitigation measures. As a follow-up to this project, since 2019, SWCA provided historic preservation and environmental consulting services in support of project implementation for the trucking facility project. Although SWCA was commissioned by the property owner, the project has included close coordination and review with City planning staff and reviewers. SWCA’s focus for this project was to provide the property owner and the City with the substantial evidence necessary to determine the historic resource status of all affected properties and to proactively identify ways to avoid, mitigate, and lessen impacts to historic resources. SWCA’s services included historic resource evaluations and preparation of a HPWP for the historically significant Peter C. Peter’s House. As a result of this project, SWCA was able to develop a close understanding and appreciation of the City’s historic preservation ordinance, Cultural Resources Element, historic setting, and architectural heritage.

CONTRACT MODIFICATIONS REQUEST
In reference to Appendix B, SWCA requests modifications to Section 3.2.9, page 17. SWCA company policy does not allow liquidated damages.

PROJECT COST ASSUMPTIONS
This section provides the cost assumptions upon which the project schedule, scope, and budget are based.  In accordance with the RFP, this scope includes stand-alone schedules and budgets for each task. Should more than one task be authorized, SWCA will combine client meetings, community/Planning Commission workshops, and Planning Commission and City Council hearings in order to streamline costs.  It is assumed for purposes of this scope of work that the City will provide ArcGIS-compatible data (Shapefile, Geodatabase, tabular data, or KMZ) identifying previously surveyed and eligible properties; should this data not be available, SWCA will prepare a change order to work with the City to develop this data set.  The survey scope assumes a baseline of approximately 800 subject properties in need of re-survey.  The previous survey considered properties at least 50 years of age at the time of the survey; however, these determinations of construction dates, which sought to identify properties constructed through 1941, were based on visual inspections in the field rather than assessor’s parcel data, building permits, or other verifiable data sources. Should the GIS analysis of assessor’s parcel data yield a substantially larger set (e.g., more than a 5 percent increase in total number of properties), SWCA will notify the City and discuss options (including but not limited to a change order or scope modification/refinements).  Survey will cover previously assessed properties; should the City wish to include properties that have reached 50 years of age since the last survey (i.e., properties constructed through 1975), SWCA will provide a separate cost and schedule on request.  This scope does not include preparation of a citywide historic context statement; SWCA will, however, prepare a brief historic setting section building on existing materials and studies.

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APPENDIX A:

Resumes

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DEBI HOWELL-ARDILA, M.H.P., SENIOR TEAM LEAD, ARCHITECTURAL HISTORY | PROJECT MANAGER
Ms. Howell-Ardila is an award-winning historic preservation professional with nearly 17 years of experience in environmental compliance and historic preservation. She leads SWCA’s statewide Architectural History practice in California. She has led site investigations and evaluations for thousands of properties throughout California, with a focus on the San Francisco Bay Area and Southern California. Her experience includes preparation of environmental compliance studies and documentation in support of the California Environmental Quality Act (CEQA), at the program and project level, federal and local landmark nominations, Mills Act applications, and Secretary of the Interior’s Standards project review. She exceeds the Secretary of the Interior’s Professional Qualification Standards in Architectural History and History.

Ms. Howell-Ardila is also a long-time resident of South Pasadena and former Chair/Vice Chair of the South Pasadena Cultural Heritage Commission.

During her time on the Cultural Heritage Commission, from 2012 to 2018, she served on the commission’s subcommittee tasked with revising the City’s Cultural Heritage Ordinance, including updates to City requirements for the preparation and review of Historic Resources Evaluation Reports (HRERs).

She has also prepared numerous Mills Act applications in South Pasadena and served as an extension-of-staff contract planner to the City of South Pasadena Planning Department, preparing evaluations, project review, and staff reports, and making presentations before the Cultural Heritage Commission.

SELECTED PROJECT EXPERIENCE (∗ denotes project experience prior to SWCA) City of San Gabriel Historic Preservation and Cultural Resources Ordinance Update; City of San Gabriel Department of Planning; Los Angeles County, California. SWCA updated the City of San Gabriel Historic Preservation and Cultural Resources Ordinance.

Updates included expanding the criteria and process for designation and registration of landmarks and historic districts, project review and Certificates of Appropriateness, as well as appeals, enforcement, and penalties section. SWCA, in conjunction with subconsultant, Chattel, Inc., planned and led community outreach efforts to educate the public, decision- makers, and stakeholders on the provisions of the new ordinance. In 2017 and 2018, San Gabriel’s Historic Preservation and Cultural Resources Ordinance Update won preservation awards from the Los Angeles Conservancy and California Preservation Foundation. Role:

Project Manager and Lead Author/Historic Preservation Specialist. ∗Contract Planning Project Review; City of South Pasadena, Planning and Building Department; Los Angeles, California. Ms. Howell-Ardila served as Preservation Planner and Project Manager for project review, permit processing, and preservation planning support to the City of South Pasadena Planning and Building Department. Duties included preparing historic resource evaluations, assessing projects for compliance with the City’s Municipal Code, design guidelines, and the Secretary of the Interior’s Standards, and preparing and presenting staff reports to the Cultural Heritage Commission. Role: Project Manager and Lead Author/Historic Preservation Specialist.

YEARS OF EXPERIENCE
16 EXPERTISE
Specialized practice in historic preservation
planning and policy
Specialized expertise in program- and
project-level CEQA analyses
NHPA Section 106 and NEPA compliance
studies
Secretary of the Interior’s Standards project
review and compliance

EDUCATION
M.H.P., Historic Preservation; University of
Southern California, School of Architecture;
2010
B.A., German and Architectural History;
University of California, Berkley; 1997

REGISTRATIONS / CERTIFICATIONS
Meets and exceeds requirements in the
Secretary of the Interior’s Professional
Qualification Standards in Architectural
History and History
AWARDS
2019: California Preservation Foundation
Award, City of Riverside Latino Historic
Context Statement
2018: California Preservation Foundation
Award, City of San Gabriel Historic
Preservation and Cultural Resources
Ordinance
2018: Los Angeles Conservancy
Preservation Award, City of San Gabriel
Historic Preservation and Cultural Resources
Ordinance
2015: Los Angeles Conservancy
Preservation Award, LAUSD Historic Context
Statement, 1870 to 1969
2014: California Preservation Foundation
Award, LAUSD Historic Context Statement,
1870 to 1969

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1843 Oakwood Avenue, Glendale, Historic Resources Evaluation Report; City of Glendale Building and Planning Department; Glendale, California. SWCA recently prepared an intensive-level evaluation for a Craftsman property in Glendale. In order to provide the evidence necessary for the City’s determination, SWCA planned and carried out a focused, efficient comparative study of similar properties and styles in Glendale. Subject properties were mapped and documented, and results were quantified in the HRER. Role: Project Manager and Lead Author/Historic Preservation Specialist.
1023 N. Soldano Avenue, Azusa, Historic Preservation Project Review; City of Azusa Planning Division; Azusa, California. Ms. Howell- Ardila recently completed historic preservation project review and impacts screening for the City of Azusa Planning Division for 1023 N. Soldano Avenue. Constructed in 1905, the property is a two-story, single-family residence included on City’s list of Potential Historic Landmarks, approved by Council in 2001. Ms. Howell-Ardila provided a due-diligence Memorandum for the Record and user-friendly Secretary’s Standards project review as part of the entitlements process for modifications to the property. Existing conditions, alterations, and character-defining features were identified, and the proposed project was analyzed in detail for compliance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. Ms. Howell-Ardila also completed a project impacts screening to offer guidance on the potential for direct or indirect significant adverse impacts to historical resources. Role: Project Manager and Lead Author/Historic Preservation Specialist.

Historic Resources Technical Study, Existing Sites Technical Memorandum; Academy of Art University; San Francisco, California.

SWCA prepared a multi-property historic resources technical study in support of an Existing Sites Technical Memorandum (ESTM) for the Academy of Art University. Key issues included updating historic resource evaluations for 26 properties, documenting exterior and interior character-defining features and alterations over time, and subjecting unpermitted alterations to Secretary of the Interior’s Standards project review and analyzing potential impacts. Treatment approaches were also recommended to facilitate compliance with the Secretary of the Interior’s Standards. SWCA’s Architectural History team completed/updated historic resource evaluations for 26 properties on an accelerated schedule of 5 months.  Role: Lead Architectural Historian and Project Manager.

Los Angeles Unified School District (LAUSD) Design Guidelines and Treatment Approaches for Historic Schools; LAUSD; Los Angeles County, California. SWCA prepared district-wide design guidelines for LAUSD, the second largest public school district in the United States. Given LAUSD’s 130-year history and expansive geographic range, the LAUSD Design Guidelines provided detailed treatment approaches for a range of school types, architectural styles, and projects, using the Secretary of the Interior’s Standards as the point-of- departure. Role: Project Manager and Lead Historic Preservation Specialist. Served as the project manager and principal author of the design guidelines.

City of Manhattan Beach Historic Preservation Ordinance; City of Manhattan Beach Department of Community Development; Los Angeles County, California. SWCA drafted a new Historic Preservation Ordinance for the City of Manhattan Beach. Work efforts included training sessions and outreach to the City’s Planning Commission and City Council, as well as public workshop hearings, stakeholder outreach, and developing educational materials. Role: Project Manager and Lead Historic Preservation Specialist. Led efforts to provide historic preservation consulting services in support of a new historic preservation ordinance and Mills Act Tax Abatement program in the City of Manhattan Beach.

LA Plaza de Cultura Village Environmental Impact Report (EIR), Cultural Resources Technical Report; County of Los Angeles; Los Angeles County, California. Analysis of potential impacts to historic resources dealt primarily with indirect impacts to adjacent historic districts, an analysis based on study of the Secretary of the Interiors Standards for the Treatment of Historic Properties as well as community plan design guidelines. Role: Senior Architectural Historian. Served as principal author of a technical report; carried out research, literature review, survey, and analysis in support of the LA Plaza de Cultura Village EIR; authored the historic resources section of the technical report, including impacts analysis and mitigation measures; and provided responses to public comments on the draft EIR. ∗Riverside Latino Historic Context Statement; City of Riverside; Riverside County, California. Preparation of the City of Riverside Latino Historic Context Statement, which explored over a century of history and culture of Riverside’s Latino community. This effort was recognized with an award from the California Preservation Foundation in 2019. Role: Principal Author/Investigator. Authored historic context statement.

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GARRET ROOT, M.A., SENIOR TEAM LEAD / ARCHITECTURAL HISTORIAN Mr. Root has 13 years of experience in cultural resource management, research, and regulatory compliance relating to the built environment. He has served as an architectural historian on a multitude of documentation projects, including those under Sections 106 and 110 of the National Historic Preservation Act (NHPA), National Environmental Policy Act (NEPA), California Environmental Quality Act (CEQA), PRC 5024 and 5024.5, and several local preservation ordinances. Mr. Root has extensive knowledge in all facets of project development, including methodology development and area of potential effects development, research, intensive survey, field recordation and management, report documentation, and agency review. He has extensive field knowledge in a variety of areas, including urban, rural, military, agricultural, and infrastructural settings. From this broad-based background, Mr. Root adds technical skill, efficiency, and strong regional knowledge to all his projects and documentation efforts.

SELECTED PROJECT EXPERIENCE (∗ denotes project experience prior to SWCA) ∗ Glendale Water and Power, Grayson Power Plant Repowering and Scholl Canyon Biogas Renewable Generation Project; City of Glendale; Glendale, California.

Served as the Senior Architectural Historian for this project, which includes development of a CEQA-compliant historic resource evaluation report and development of DPR-523 form. Assisted in historic research, California Register of Historical Resources (CRHR) evaluation, and Environmental Impact Report development. Worked with the City of Glendale to respond to comments and guide the city to understand the process. Role:

Senior Architectural Historian.
∗ Historical Resource Evaluation and Revisions to La Mesa Woman’s Club; CityMark Development; La Mesa, San Diego County, California. Conducted additional research on the 1959-constructed La Mesa Woman’s Club building at 5520 Wilson Street, designed by local architect Herluf Brydegaard. Prepared a Historical Resource Assessment Report to evaluate the building for historic significance to determine eligibility for listing in the CRHR, as well as a La Mesa Historic Landmark. The property was documented on California DPR 523 Forms the purposes of compliance with CEQA. Role: Senior Architectural Historian.
∗ Cultural Resources Technical Report for the Hydrostor A-CAES Project; Golder Associates, Inc.; Kern County, California. Senior Architectural Historian for inventory of 54 buildings, development of a historic context, and evaluation of the resources for cultural resources technical report for a nominal 500-megawatt advanced compressed air energy storage facility located near Willow Springs in the Mojave Desert region of Kern County to assist with project compliance under CEQA. Role: Senior Architectural Historian.
∗ Cultural Resources Investigation in Support of the Jurupa Community Service District’s Etiwanda Pipeline Project; Albert A. Webb Associates; Riverside and San Bernardino Counties, California. Helped prepare a cultural resources investigation for a water pipeline installation project. Conducted research to evaluate segments of the San Sevaine Channel that was constructed in stages between 1943 and 1959 for historic significance to determine eligibility for listing in the National Register of Historic Places (NRHP) and the CRHR. The channel was documented on California DPR 523 Forms for compliance with CEQA. Role: Senior Architectural Historian.

YEARS OF EXPERIENCE
13 EXPERTISE
Historic Resources Surveys
National Register of Historic Places
Historic Preservation

EDUCATION
B.A., History California State University,
Chico; 2009
M.A., Public History; California State
University, Sacramento; 2011

REGISTRATIONS / CERTIFICATIONS
Hydro Field Safety Certified, PG&E, Bay
Area, California, 2017

TRAINING
PG&E Substation Safety Field
Orientation for Contractors, PG&E,
California, 2018
SRI Foundation Section 106 and
Bringing Projects to Completion, day 2,
Sacramento, California, 2019

MEMBERSHIPS
Member, California Preservation
Foundation

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∗ Historic Properties Identification Report in Support of the Treasure Island Wastewater Treatment Plant Project; Woodard & Curran and San Francisco Public Utilities Commission (SFPUC); City and County of San Francisco, California. Conducted fieldwork and oversaw preparation of a DPR 523 form to evaluate the Treasure Island Wastewater Treatment Plant that was originally constructed in 1961 for potential eligibility for listing in the NRHP and the CRHR. Role: Principal in Charge. ∗ Historic Properties Identification Report in Support of the Wawona Stormwater Project; Woodard & Curran and SFPUC; City and County of San Francisco, California. Oversaw preparation of and reviewed a technical report in support of a stormwater improvement project in the City of San Francisco. Role: Principal in Charge. ∗ 312 Utah Street Cultural Resources Study; Private Developer; San Francisco, California. Oversaw execution of a cultural resources technical report to document and evaluate the contents of a basement on a private parcel. Role: Principal in Charge. ∗ Civic Campus Cultural Resources Study and Monitoring; Private Developer.; South San Francisco, California. Oversaw execution of a cultural resources monitoring report in support of mitigation measures for a project in South San Francisco. Role: Principal in Charge.
∗ San Francisco Headworks Monitoring and Reporting Project; Woodard & Curran and SFPUC; City and County of San Francisco, California. Oversaw execution of a cultural resources monitoring report in support of mitigation measures for a project in San Francisco. Role: Principal in Charge.
∗ 49 Van Ness/1500 Mission Street Interpretative Plan; Related California; San Francisco, California. Assisted in the development and review of an interpretation plan, and development of mitigation measures, including interpretative signage, display cases, and a StoryMap. Role: Principal in Charge.
∗ 201 Folsom Cultural Resources Report; Tishman Speyer; San Francisco, California. Oversaw execution of a cultural resources report detailing the findings for the property at 201 Folsom Street. Role: Principal in Charge. ∗ 735 Davis/88 Broadway Interpretative Plan; City and County of San Francisco; San Francisco, California. Assisted in the development and review of an interpretation plan, and development of mitigation measures, including interpretative signage, display cases, and a StoryMap. Role: Principal in Charge.
∗ Historic Resources Services for the Memorex Production Facility; Skybox Data Centers; Santa Clara County, California. As the Senior Architectural Historian and Project Manager, led documentation of the property for a full Historic American Engineering Record, video documentation, oral history, and public interpretation. Role: Senior Architectural Historian. ∗ Historic Resources Survey and Reevaluation of Twenty-Five Facilities and Investigation of Potential Historic Districts on Nellis Air Force Base (NAFB); NAFB; Clark County, Nevada. Conducted fieldwork and research, prepared historical context, and conducted re-evaluations of 25 facilities that were inventoried and evaluated for individual NRHP eligibility in 2018 by Gulf South Research Corporation. The Nevada State Historic Preservation Officer (NVSHPO) concurred with Gulf South’s individually ineligible findings for listing in the NRHP but noted the documentation did not adequately assess if the facilities constituted or contributed to potential historic districts. Used previous technical reports, building data, and shapefiles provided by NAFB to generate mapping to demonstrate that there are no additional historic districts within Area I beyond the two, previously NVSHPO concurred, Red Flag Historic District and Nellis Elementary School Historic District. The report complied with Section 110 of the NHPA. Role: Senior Architectural Historian. ∗ Historic Resource Evaluation and Design Review for 1008 S Street; Construction Company; City and County of Sacramento, California. Provided senior oversight, project management, and review of memo and DPR-523 Form for the redevelopment of a property.

Role: Senior Architectural Historian.

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JOHN DIETLER, PH.D., R.P.A., PRINCIPAL-IN-CHARGE
Dr. Dietler is the Vice President of the Southern California and Pacific Islands subregion, as well as a cultural resources Principal Investigator. He has served as project manager, lead researcher, and senior quality control officer on several projects in the Bay Area and dozens more in urban contexts across California. He serves as principal-in-charge of large, multidisciplinary, and on-call contracts for major municipalities, utilities, and federal departments, ensuring the timely delivery of high-quality, legally compliant California Environmental Quality Act (CEQA) and cultural, natural, and paleontological resources analyses. As a cultural resources subject matter expert, Dr. Dietler is responsible for creating innovative research, mentoring staff, and providing QA/QC for technical studies. He has conducted extensive archaeological research in support of development, infrastructure, and multidisciplinary environmental projects in compliance with CEQA and Section 106 of the National Historic Preservation Act (NHPA). A versatile consultant who has supervised research projects of all sizes and descriptions, Dr. Dietler has served as subject matter expert for over 150 projects throughout the West. He has led numerous precolonial archaeology studies and has conducted significant, published research on Spanish-Mexican colonial archaeology.

SELECTED PROJECT EXPERIENCE
ACE - San Gabriel Trench; San Gabriel Valley Council of Governments; San Gabriel, Los Angeles County, California. Over nearly a decade, SWCA conducted a cultural resources project of unmatched scale and complexity with a focus on the Spanish-Mexican colonial archaeology of the San Gabriel Mission. The scope of work included preparation of technical studies and Environmental Impact Report (EIR) sections for compliance with state and federal statutes, particularly CEQA and National Environmental Policy Act (NEPA), for review by Caltrans, the lead agency. Cultural resources work included archaeological and architectural history surveys and evaluation studies, which were prepared in compliance with Section 106 of the NHPA and Caltrans standards. SWCA oversaw mitigation for adverse effects to the National Register of Historic Places (NRHP) and California Register of Historical Resources listed San Gabriel Mission site. These included a Phase I survey, extended Phase I (XPI) testing, Phase II NRHP evaluation, multiple Phase III archaeological data recoveries, as well as the preparation of Historic American Buildings Survey (HABS) and Historic American Engineering Record (HAER) documentation, and the nomination of the mission as a National Historic Landmark. The project’s results were disseminated broadly, including through numerous publications for professional and public audiences. Role: Principal Investigator. Oversaw all cultural resources work for the project. Senior author or quality control officer for all key planning documents and technical reports.

Los Angeles Department of Public Works Bureau of Engineering (LADPW BOE) On-Call Specialty Environmental Services Contract; City of Los Angeles; Los Angeles County, California. SWCA has held an on-call specialty environmental services contract with the LADPW BOE since 2006. To date, SWCA has successfully completed more than 35 projects under these on-call contracts, covering a broad range of cultural resources services. These have included archaeological surveys, sampling, excavation, monitoring, and analysis; paleontological evaluations; historic property surveys, historic structures reports, HABS/HAER documentation, and historic monument nominations. These studies have been conducted for a wide range of LADPW BOE project types, including Caltrans local assistance projects, the secondary sewer renewal program, pool and bathhouse renovations, and streetscape improvement projects. Role:

Principal Investigator, Principal-in-Charge.

YEARS OF EXPERIENCE
26 EXPERTISE
Cultural resources management
California history and archaeology
Spanish-Mexican colonial archaeology
NHPA Section 106 and 110

CEQA/NEPA
Native American and NAGPRA Consultation

EDUCATION
Ph.D., Anthropology, University of California
- Los Angeles; 2008
M.A., Anthropology, University of California -
Los Angeles; 2003
B.A. magna cum laude, Anthropology,
George Washington University, Washington
D.C.; 1996

REGISTRATIONS / CERTIFICATIONS
Registered Prof. Archaeologist No. 15224;
2003
Exceeds the U.S. Secretary of Interior’s
Professional Qualifications Standards for
prehistoric and historic archaeologists

TRAINING
Section 106 Compliance Training,
SWCA Environmental Consultants;
2009
CEQA Basics Workshop, Association of
Environmental Professionals; 2008

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LA Plaza de Cultura y Artes Project; City and County of Los Angeles, California; Client: County of Los Angeles. SWCA provided expert consultation for the treatment of the human remains and cultural resources excavated from a historic cemetery in accordance with state and federal laws including Section 106 of the NHPA, the Native American Graves Protection and Repatriation Act (NAGPRA), NEPA, and CEQA. This work included archaeological laboratory analysis, historical research, Native American and other interested party consultation, providing an expert witness for the National NAGPRA meeting, archaeological excavation, archaeological and Native American monitoring, technical reports, a Historic Properties Management Plan, and an update to the Plaza National Register of Historic Places District nomination form. SWCA provided technical expertise and consultation at the highest level, ensuring compliance and allowing the project to come to a successful conclusion. Role: Lead Consultant and Project Manager.

La Brea Tar Pits Master Plan EIR; Los Angeles County Natural History Museum; Los Angeles County, California. SWCA is preparing an EIR related to significant improvements to this iconic site in central Los Angeles. With significant development having occurred in the project vicinity in recent years (e.g., at the adjacent LA County Museum of Art and with the LA Metro), the EIR and approach to construction phasing will be highly scrutinized. In addition to leading the EIR process, SWCA is assisting with the public engagement process. The conceptual Master Plan was recently developed by the Natural History Museum for the future development and enhancement of the La Brea Tar Pits site. The Master Plan includes the existing museum and Hancock Park and seeks to unify the critical research sites, buildings, exhibition space, and the park with an inspiring new identity. Role: Principal-in-Charge and Archaeological Principal Investigator.

City of San Gabriel Historic Preservation Ordinance Update; City of San Gabriel; San Gabriel, California. SWCA is providing cultural resources services in support of proposed updates to the City’s Historic Preservation Ordinance. Tasks include literature review, analysis of preservation policy options, preparation of draft and final ordinance, and participation in stakeholder meetings. Role: Principal Investigator providing senior oversight.

Port of Los Angeles On-Call Cultural Services; CDM Smith, Inc; Los Angeles, California. SWCA provided on-call archaeological support during construction of the TraPac Buffer, TraPac Wharf and Backlands, Cabrillo Marina, Evergreen Container Terminal EIR/EIS, Avalon Triangle Park, Terminal Island Historic Survey and Context Statement, Al Larson Boat Shop, and Berths 167-169 projects at the Port of Los Angeles. Role: Principal Investigator. Provided QA/QC of report documents.

Los Angeles Unified School District (LAUSD) Design Guidelines and Treatment Approaches for Historic Schools; LAUSD; Los Angeles County, California. SWCA prepared district-wide design guidelines for LAUSD, the second largest public school district in the United States. Given LAUSD’s 130-year history and expansive geographic range, the LAUSD Design Guidelines provided detailed treatment approaches for a range of school types, architectural styles, and projects, using the Secretary of the Interior’s Standards as the point-of-departure. Role: Principal-in-Charge.

Center for Nature and Culture Project; Los Angeles County Museum of Natural History; Los Angeles, California. To facilitate the demolition of the Jean Delacour Auditorium and construction of a 130,800-square-foot addition to the Los Angeles County Natural History Museum, SWCA analyzed environmental review options under CEQA and prepared a Class 32 Infill Exemption as the most cost- and time-efficient document. SWCA completed the Class 32 Infill Exemption, and prepared supporting archaeological, paleontological, transportation, and historic preservation technical studies. The historic preservation technical studies were a large component of the analysis, given the Museum’s status on the NRHP. SWCA found that the project would not impact the integrity of the historic resources and would actually enhance the architectural value. Working closely with Los Angeles County Museum staff, SWCA crafted customized protocols that balanced the resource sensitivity, regulatory requirements, changing project designs, and various project constraints, which translated into high-quality and cost-effective deliverables. Role: Project Manager and Principal Investigator.

AWARDS / HONORS
Martin E. Weil Historic Preservation
Award
Transportation Project of the Year
Award, California Transportation
Foundation
California Preservation Award,
California Preservation Foundation
Preservation Award, Los Angeles
Conservancy

MEMBERSHIPS
Member, Society for American
Archaeology
Member, Register of Professional
Archaeologists
Member, Society for California
Archaeology

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CHRIS MILLINGTON, M.A., RPA, SENIOR ARCHAEOLOGIST / TRIBAL

CONSULTATION EXPERT
Mr. Millington is a senior archaeologist and project manager in SWCA’s Pasadena, California, office with 16 years of experience in cultural resource management. His responsibilities include project management, agency coordination, directing fieldwork, authoring cultural resources reports, research, analyzing spatial data, map production, and graphics. Having contributed to over 250 compliance-driven projects with SWCA in eight states across the western United States, Mr. Millington has developed expertise in high-volume project management supporting on-call service programs and technical analysis associated with land development projects. He is currently managing multiple task orders for the City of Los Angeles, Department of Public Works, and previously managed dozens of task orders supporting maintenance and construction projects for Southern California Edison. Since 2016, Mr. Millington has prepared more than 50 technical reports supporting a variety of land development projects throughout southern California. Mr. Millington is versed in federal, state, and agency-specific cultural resource management laws, including CEQA, NEPA, and Sections 106 and 110 of the NHPA, and regularly contributes technical studies supporting the preparation of environmental compliance documents. He has worked with Native American tribal representatives in California, New Mexico, North Dakota, South Dakota, and Wyoming, and has extensive experience supporting public agencies for tribal consultation in California under Assembly Bill 52 (AB 52).

SELECTED PROJECT EXPERIENCE
City of Corona General Plan Interim Technical Update and Environmental Analysis; PlaceWorks; Corona, Riverside County, California. SWCA provided multidisciplinary support for this General Plan technical update and environmental analysis. The City of Corona initiated the process to prepare an interim technical update to its General Plan. The City’s General Plan was last comprehensively updated in 2004 along with environmental analysis and is still the City’s guiding land use document to the year 2025. The update did not substantially alter the outcomes of the visioning process that founded the 2004 update, but rather ensured that all technical data and policies remain current, relevant, and effective to ensure that the document successfully guides decisions and activities carried out by the City’s decision makers and city staff. Role: Project Manager. Provided project oversight, wrote technical report, and handled records search.

Rancho Santa Margarita General Plan Update; Michael Baker International; Rancho Santa Margarita, Orange County, California. In 2015 the City of Rancho Santa Margarita began a process to update their General Plan. SWCA prepared a technical report summarizing the existing conditions and analyze the potential for effects under the CEQA. SWCA developed cultural resource sensitivity zones that were integrated into a set of comprehensive and practical mitigation measures. SWCA also supported the City with their Tribal consultation requirements under AB 52 and SB 18. Role: Project Manager. Provided project oversight, wrote technical report, and handled records search.

San Bernardino Web-based Countywide General Plan and Environmental Impact Report (EIR); PlaceWorks; San Bernardino County, California. SWCA is currently conducting cultural and paleontological resources studies supporting PlaceWorks to prepare a Web-based Countywide Plan and a PEIR for the County of San Bernardino. SWCA is providing Native American consultation support, conducting records searches for cultural and paleontological resources to summarize the existing conditions and inform a sensitivity analysis for the plan area, which includes Community Plan Area within unincorporated portions of San Bernardino County. Role: Cultural Resources Specialist. Role: Project Manager. Provided project oversight, wrote technical report, handled records search and agency coordination.

YEARS OF EXPERIENCE
16 EXPERTISE
Southern California history and
archaeology
NEPA, NHPA, and CEQA compliance
Tribal consultation, AB 52 compliance
Archival research
Predictive modeling, data analytics,
graphic design, cartography

EDUCATION
M.A., Archaeology; University of New
Mexico; 2006
B.A., summa cum laude, Anthropology;
University of New Mexico; 2004

REGISTRATION / CERTIFICATIONS
Registered Prof. Archaeologist No.
32790536; 2015
Meets and exceeds requirements in
the Secretary of the Interior’s
Professional Qualification Standards in
Archeology and Historic Archeology
BLM Permit, Field Director; CA, CO,

ND, SD, WY, UT

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DANIEL HERRICK, M.H.C., HISTORIC PRESERVATION SPECIALIST Daniel Herrick has been a practicing preservation professional in the western United States for much of the past decade. Having worked at a mixture of boutique historic preservation planning and architecture firms and large environmental services companies, Mr. Herrick is proficient in documenting and evaluating cultural resources and preparing Secretary of the Interior’s Standards analyses and has completed a variety of historic preservation planning documents for projects throughout California and the western United States. Through extensive research experience, Mr. Herrick is familiar with a variety of international, national, and regional historical contexts, but has a notably strong understanding of the recently built environment. He is also well versed in evaluating historic districts, assessing cultural landscapes, drafting design guidelines, and providing recommendations for context-sensitive infill construction projects.

Recent projects involved navigating complex regulatory nexuses related to the built environment as part of larger permitting and compliance strategies. This includes preparing documents and performing multi-party outreach to meet technical reporting and consultation requirements under Section 106 of the National Historic Preservation Act, National Environmental Policy Act (NEPA), California Environmental Quality Act (CEQA), Public Resources Code (PRC) Section 5024 and 5024.5, and a multitude of local frameworks. In addition to his professional practice, Mr. Herrick serves as a member of the City of Sacramento’s Historic Preservation Commission, where he provides his expertise regarding cultural landscapes and historic districts in reviewing landmark nominations and appropriateness of projects involving historic resources. Mr. Herrick brings cross-discipline knowledge and implements a holistic approach to all projects to provide a thorough and well-executed product.

SELECTED PROJECT EXPERIENCE (∗ denotes project experience prior to SWCA) ∗ San Francisco Cable Car Barn, Master Plan and Historic Resource Evaluation; San Francisco Department of Public Works (DPW); San Francisco, California. Helped to prepare a historic study for the DPW to support the master plan process for the Cable Car Barn and Museum property. This included extensive research, outlining the complex levels of historic status, developing a thorough construction chronology, and providing a list of character-defining features and spaces that are essential to preserving the building and its historic character. This also included direct consultation with DPW architects in the programming and planning process. Role: Architectural Historian. ∗ Greek Theatre Rehabilitation & Historical Resource Study; City of Los Angeles Department of Recreation and Parks; Los Angeles, California. Served as an architectural historian in the preparation of the Historical Resource Study for the Greek Theatre concert venue in Los Angeles. Work involved the development of a construction chronology and identification of character-defining features of the property, as well as a Secretary of the Interior’s Standards analysis for the proposed plaza upgrades and limited rehabilitation work to the property. Role: Architectural Historian, Preservation Planner. ∗ Fullerton Family Housing Infill Construction Compatibility Analysis; City of Fullerton; Fullerton, California. Served as an architectural historian in the preparation in a compatibility analysis for the development of the Fullerton Family Housing project, adjacent to known historical sites. This involved reviewing the proposed design for consistencies within the historic setting. Role: Architectural Historian, Preservation Planner.

YEARS OF EXPERIENCE
9 EXPERTISE
Specialized expertise in historic
preservation planning and policy
Secretary of the Interior’s Standards
review and compliance
Design consultation for rehabilitation,
preservation, and infill construction
projects
Historic District and Cultural Landscape
analyses
NHPA Section 106/ NEPA / CEQA

EDUCATION

M.H.C., Heritage Conservation;
University of Southern California, School
of Architecture; 2014
B.A., History, University of Calgary;
2009

REGISTRATIONS /

CERTIFICATIONS
Meets and exceeds requirements in the
Secretary of the Interior’s Professional
Qualification Standards in Architectural
History and History

MEMBERSHIPS

American Planning Association
California Preservation Foundation

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* Destination Sacramento – Old Sacramento Waterfront Redevelopment Design Consultation and CEQA Historical Technical Report; City of Sacramento; Sacramento, California. The project overlaps the Old Sacramento National Historic Landmark District and features a complex layer of buildings dating from the Gold Rush era to the present day. As the architectural historian and preservation planner on the project, conducted original research in developing a full construction chronology that addresses the district, as well as individual contributing properties. Key analysis involved determining original rehabilitated structures from relocated, reconstructed, and infill construction. Supported both the design team with historic design consultation, as well as providing environmental permitting and compliance support as required under CEQA. Role: Architectural Historian, Preservation Planner. ∗ City of Torrance Historic Preservation Ordinance; City of Torrance; Torrance, California. Worked as an architectural historian and preservation planner in the development of a historic preservation ordinance for the City of Torrance. Was instrumental in developing the initial approach and startup of the project. This included client and stakeholder outreach, initial research tasks, and analyzing relevant case studies and frameworks. Role: Architectural Historian, Preservation Planner. ∗ West Hollywood West Neighborhood Preservation Overlay Zone & Design Guidelines; City of West Hollywood; West Hollywood, California. Served as an architectural historian for the project, which involved the creation of a Neighborhood Preservation Overlay Zone and accompanying Design Guidelines for West Hollywood West, an early twentieth-century streetcar suburb in West Hollywood. The project is intended to manage infill development to ensure that the overall character of the neighborhood is retained through sensitive design and appropriate alterations within the overlay zone. Role: Architectural Historian, Preservation Planner. ∗ 420 S. 3rd Street Historic Infill Construction Design Consultation; Private Client; San Jose, California. In support of the high-profile design team, Mr. Herrick consulted on the infill construction aspects of the design of a multi-tower high-rise residential development in Downtown San Jose. Consultation addressed the requirements of the City of San Jose, including relevant design guidelines specific to compatibility with adjacent historical resources. Role: Architectural Historian, Preservation Planner. ∗ 178 Sea Cliff Avenue, Historic Resource Evaluation Pt.2; Private Client; San Francisco, California. Prepared the Historic Resource Evaluation Pt.2 for the project per the San Francisco Planning Department requirements. This included an analysis of the project’s potential impacts under CEQA using established guidance and the Secretary of the Interior’s Standards. Contextual analysis of the surrounding Sea Cliff Historic District was essential in identifying potential impacts. Role: Architectural Historian, Preservation Planner. ∗ LA Plaza de Cultura Village – Historic Design Study and CEQA Reporting for Infill Construction; Rios; Los Angeles, California.

Served as an architectural historian in the preparation of the Design Study for the LA Plaza de Cultura Village mixed-use development, located adjacent to the LA Plaza Historic District. Consulted on the design of the project to ensure compatibility within the setting of the historic district.

The project was undertaken as part of CEQA mitigation measures. Role: Architectural Historian, Preservation Planner. ∗ F-65 Regional Park Master Plan Historic Reuse Consultation; City of Roseville Department of Parks and Recreation; Roseville, California. Served as an architectural historian in the preparation of the master plan for the F-65 Regional Park Master Plan for the City of Roseville. This included developing appropriate reuse strategies for the historic Fiddyment Ranch property and its integration into the broader plan for the park, presenting these findings to the public, and engaging with residents during a series of open workshops. Role: Architectural Historian, Preservation Planner.
∗ California Department of Corrections and Rehabilitation Master Plan – Historic Studies for Norco Rehabilitation Center, Folsom State Prison, and San Quentin State Prison; California Department of Corrections and Rehabilitation; California. As the architectural historian for the project, prepared historic resource studies for three State correctional facilities featuring historic properties. This included full surveys and original research of the Norco Rehabilitation Center, Folsom State Prison, and San Quentin State Prison. Studies included identifying contributing properties to relevant historic districts, categorizing properties based upon level of significance, and identifying character- defining features. These studies would inform the facility master planning efforts under CEQA and PRC Section 5024 and 5024.5. Role:

Architectural Historian, Preservation Planner.
∗ Fort Mason Center Historic Design Consultation and Secretary of the Interior’s Standards Compliance; Fort Mason Center; San Francisco, California. Served as an architectural historian for the project, which involved reviewing designs and providing historic design consultation for various reuse projects at the Fort Mason Center in San Francisco, which is a National Historical Landmark. This involved performing analyses of proposed reuse designs for compliance with the Secretary of the Interior’s Standards, as well as consultation with the design teams. Role: Architectural Historian, Preservation Planner.

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STEPHANIE CIMINO, M.S., SENIOR ARCHITECTURAL HISTORIAN
As a senior project manager with a background in both archaeology and architectural history, Ms. Cimino is a leader in cultural resources compliance for the National Environmental Policy Act (NEPA), National Historic Preservation Act (NHPA), Secretary of the Interior’s Standards for the Treatment of Historic Properties, and California Environmental Quality Act (CEQA). Ms. Cimino meets the Secretary of the Interior’s Professional Qualifications Standards (Title 36 Code of Federal Regulations Part 61) in both history and architectural history and also has extensive experience in California archaeology. She has conducted research, fieldwork, technical reporting, National Register of Historic Places (NRHP) and California Register of Historical Resources (CRHR) evaluations and nominations, and Tribal and agency consultation for historic and archaeological properties throughout California. Her areas of expertise include historical resource evaluations and historic context statements, as well as implementing mitigation to resolve adverse effects on historic properties such as public outreach and educational displays and Historic American Buildings Survey (HABS)/Historic American Engineering Record (HAER) documentation. Ms. Cimino also excels at engaging stakeholders and collaborating with business partners, agencies, Native Americans, and interested third parties to identify program priorities, communicate program needs and dependencies, expedite environmental permitting processes, and strategize long- and short- term program goals.

SELECTED PROJECT EXPERIENCE (* denotes project experience prior to SWCA) Federal Emergency Management Agency (FEMA) Hazard Mitigation and Technical Assistance Program (HMTAP); Confidential Client(s); California. SWCA is conducting environmental and historic preservation review services to comply with the requirements of NEPA, the Endangered Species Act, the NHPA, and other federal laws and Executive Orders for hazard resiliency projects seeking Hazard Mitigation Grant Program funding through the FEMA HMTAP. SWCA acts as an extension of FEMA staff by conducting environmental and historic preservation review of project applications and maintaining FEMA compliance with applicable laws, which typically includes conducting research, fieldwork, reporting, and advising on consultations with state and federal agencies, Native American groups, and other stakeholders. Role: Senior Project Manager, Cultural Resources. Provide research, analysis, reporting, client and agency coordination, programmatic agreement compliance, and project management for cultural resource studies.

KNF O&M Plan Development Support; Confidential Client; Siskyou County, California. SWCA supported the development of an Operations and Maintenance (O&M) Plan and prepared supporting wildlife assessment documentation for activities in the Klamath National Forest (KNF) in support of its efforts to consolidate several special- use permits for utility infrastructure on KNF Lands. Role: Senior Project Manager. Project coordination, stakeholder outreach and review, and wrote O&M Plan.

Travertine Cultural Resources Update; Hofmann Land Development Co.; La Quinta, Riverside County, California. TRG Land, Inc., retained SWCA on behalf of the Hofmann Land Development Company (the project proponent) to provide paleontological and cultural resources services. The project involves an amendment to the City of La Quinta’s general plan to rezone an 877.5-acre area into a master-planned resort community. The project is located on Bureau of Land Management and Bureau of Reclamation land as well as privately owned land. SWCA provided paleontological and cultural resources services to satisfy CEQA and NEPA. Role: Senior Project Manager. Provided research, analysis, reporting, client and agency coordination, resource management, and project management for cultural and paleontological resource studies, including several revisions to the area of potential effect to successfully avoid significant impacts to cultural resources.

Bear Gulch Building Cluster Historic Structure Report (HSR), Pinnacles NP (PINN); FFA Architecture and Interiors, Inc.; San Benito County, California. SWCA assisted FFA Architecture to produce a HSR on the cluster of 12 historically significant buildings in the

YEARS OF EXPERIENCE
18 EXPERTISE
Cultural resources management
Architectural history
CEQA, NEPA, NHPA compliance
HABS/HAER documentation
Architectural and archaeological
inventory
Historical resource evaluation
Historic Context Statements

EDUCATION
M.S., Historic Preservation; University of
Oregon; 2009
B.A., honors, Anthropology; University
of California, Santa Cruz; 2002

REGISTRATIONS / CERTIFICATIONS
Meets Secretary of the Interior’s
Professional Qualification Standards for
archaeology and architectural history

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Bear Gulch headquarters and day use area. The project is located on the east side of Pinnacles National Park. Role: Project Manager/Senior Architectural Historian. Managed project coordination, consultation, and document preparation.

Wolverton Ski Shop HSR, Sequoia NP; FFA Architecture and Interiors, Inc.; Tulare County, California. SWCA assisted FFA Architecture to produce a HSR on the Wolverton Ski Shop within the Wolverton recreation area in Sequoia National Park. Role: Project Manager/Senior Architectural Historian. Managed project coordination, consultation, and document preparation. ∗Electric & Gas Reliability and Operations and Maintenance Projects; PG&E; Northern California. Greenfield and operations & maintenance projects for gas and electric utility facilities. Role: Project Manager/Senior Cultural Resources Specialist. Managed and prepared environmental and cultural resources studies to satisfy planning and permitting for numerous gas and electric reliability projects throughout PG&E service territory.
∗Community Wildfire Safety Program; PG&E; Northern California. Upgrade electric infrastructure facilities in high-risk fire areas. Role:

Environmental Program Manager. Primary point of contact for land and environmental services. Responsibilities included daily collaboration with executive leadership as well as managing technical specialists, tracking and managing program portfolio, and reporting. ∗U.S. Forest Service Facility Authorization Renewal; PG&E; Northern California. Renewal of expired authorizations, easements and permits for electric transmission and distribution facilities on National Forest System property. Role: Senior Cultural Resources Specialist.

Lead for cultural resource portion of renewal agreement. Responsibilities included drafting agreement documents, directing consultants, developing methodology, avoidance and minimization measures, treatment of resources, and consultation with tribal, agency, and third- party utility staff.
∗Mobile Home Park Utility Upgrade Program; PG&E; Northern California. Replacement of gas distribution facilities within select mobile home parks throughout California. Role: Environmental Coordinator. Reviewed and approved third-party environmental documents for multiple disciplines, ensured compliance with environmental laws and regulations, and provided guidance to internal and external stakeholders.
*Federal Energy Regulatory Commission (FERC) Transmission Line Projects; PG&E; Northern California. Cultural resources compliance for the licensing and operation of transmission lines licensed by FERC. Role: Senior Cultural Resource Specialist. Developed and implemented Historic Properties Management Plans including resource identification and evaluation, annual reporting, consultation with tribal and agency partners, and resolution of adverse effects on sensitive resources. ∗Humboldt Bay Power Plant Decommissioning; PG&E; Eureka, Humboldt County, California. Multi-year mitigation implementation for cultural resources impacts from nuclear power plant decommissioning. Role: Senior Cultural Resources Specialist. Created and managed mitigation package, including HAER photographic documentation, writing and publishing of a history book, curation of museum exhibit, donation of archival materials, and stakeholder engagement. *NRHP Evaluation, Kerckhoff Hydroelectric Project; PG&E; Fresno and Madera Counties, California (2013). NRHP evaluation of hydroelectric complex in Sierra National Forest for relicensing the Kerckhoff Hydroelectric Project (FERC 96). Role: Principal Investigator.

Researched and evaluated historic hydroelectric facilities for listing in the NRHP. *NRHP Evaluation, Twin Lake Cabin; PG&E; Alpine County, California. NRHP evaluation of historic recreational cabin on the Stanislaus National Forest for the Mokelumne River Hydroelectric Project (FERC 137). Role: Principal Investigator. Researched and evaluated historic cabin for listing in the NRHP.

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HEATHER GIBSON, PH.D., RPA, PRINCIPAL INVESTIGATOR
Heather Gibson is the cultural and paleontological resources director and a principal investigator in SWCA’s Pasadena office. An archaeologist and historian with 20 years of experience, she leads SWCA’s California cultural resources team, with oversight of its architectural history and paleontology programs, and supervises cultural resources investigations for environmental compliance and preservation projects throughout California. She has served as project archaeologist and principal investigator on cultural resources and environmental projects in compliance with the California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), and Sections 106 and 110 of the National Historic Preservation Act (NHPA) for public- and private-sector clients, including a range of local and federal agencies. Dr. Gibson’s technical expertise is in urban historical archaeology, and she has worked on a variety of archaeological site types, including a Spanish mission, a Japanese fishing village at the Port of Los Angeles, Mexican- and American-period historic cemeteries, and a variety of late nineteenth- and early twentieth- century domestic and commercial sites in Los Angeles. She has experience assessing impacts to historical resources, preparing a National Historic Landmark (NHL) nomination, and creating historic interpretive displays. Dr. Gibson meets the Secretary of the Interior’s Professional Qualification Standards in both history and archaeology.

SELECTED PROJECT EXPERIENCE
On-Call Environmental Specialty Studies Contract; City of Los Angeles Department of Public Works, Bureau of Engineering (LADPW BOE); Los Angeles County, California.

Services provided by SWCA under this on-call cultural resources contract include Phase I cultural resources investigations, archaeological and paleontological construction monitoring, monitoring and discovery plans, archaeological and built environment resource evaluations, and design review for compliance with the Secretary of the Interior’s Standards. Work is being conducted in compliance with CEQA, NEPA, and Section 106. Role: Principal Investigator and Contract Manager. Duties include oversight of technical work, staffing of task orders, task order management, and quality assurance and quality control (QA/QC). 1700 Stadium Way Cultural Resources Services; Los Angeles City Fire Department; Los Angeles County, California. SWCA was retained by the City of Los Angeles Fire Department to provide historical and archaeological consulting services in support of a proposed fence replacement project for a National Register–eligible property, the Frank Hotchkins Memorial Training Center. Tasks included review of project plans for compliance with the Secretary of the Interior’s Standards for Rehabilitation, archaeological desktop review, archaeological presence/absence testing, and evaluation of an identified historic archaeological resource.

Work was completed in compliance with CEQA and Section 106. Role: Project Manager and Principal Investigator.

Alameda Corridor-East San Gabriel Trench Cultural Resources Management Services; The San Gabriel Valley Council of Governments (SGVCOG); San Gabriel, Alhambra, Rosemead, Los Angeles County, California. SWCA conducted technical studies and prepared EIR sections for compliance with state and federal statutes, particularly CEQA and NEPA, for review by Caltrans, the lead agency. Cultural resources work included archaeological and architectural history surveys and evaluation studies, which were prepared in compliance with Section 106 of the NHPA and Caltrans standards. SWCA oversaw mitigation for adverse effects on the National Register– and California Register–listed San Gabriel Mission site, including preparation of an NHL nomination. Role: Principal Investigator.

Duties included quality control/quality assurance, report preparation, specialized artifact analysis, and oversight of artifact database; preparation of NHL nomination.

San Pedro Plaza Park Phase III Project; LADPW BOE; Los Angeles, California. SWCA provided cultural resources survey, historic resource evaluation, and archaeological

YEARS OF EXPERIENCE
20 EXPERTISE
Cultural resources management
California history and archaeology
Urban historical archaeology
Eighteenth- and nineteenth-century artifact
analysis
Archival research, surveys, and excavations

EDUCATION
Ph.D., with distinction, Anthropology;
Syracuse University, Syracuse, New York;
2007
M.A., Anthropology; Syracuse University,
Syracuse, New York; 2004
B.A., magna cum laude, Anthropology and
French; University of Notre Dame, South
Bend, Indiana; 1998

REGISTRATIONS / CERTIFICATIONS
Meets and exceeds the Secretary of the
Interior’s Professional Qualification
Standards in History and Archaeology
Registered Prof. Archaeologist No. 3532600;
2010

TRAINING
National Preservation Institute, Section 106
Review; 2012
National Preservation Institute, Section 106
Basics; 2010

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monitoring, and prepared historic interpretive signage, for this project in the port district of San Pedro. The project included the identification and recordation of archaeological features, including the foundation of Carnegie Library, which once stood at the site, as well as testing of archaeological deposits and laboratory analysis of archaeological materials that were encountered during monitoring and testing. In addition, SWCA conducted archival research, gathering historic photos and maps and preparing content for historic interpretive signage to be installed at the site. Role: Project Manager and Principal Investigator.

Main Street Lighting Improvement Unit 1 Project; LADPW BOE; Los Angeles, California. SWCA provided cultural resources services to LADPW BOE for a streetlight improvement project receiving Caltrans local assistance funds. Services include preparation of cultural resource documents in compliance with Caltrans guidelines, including a Historical Resources Evaluation Report and Historic Property Survey Report.

Role: Project Manager and Principal Investigator.

Historical Resource and Archeological Assessment for the Van Ness Recreation Center and Bathhouse Project; LADPW BOE; Los Angeles, California. LADPW BOE hired SWCA to prepare a Historical Resources and Archeological Assessment, to identify and evaluate any historic resources and to analyze effects of project implementation, including demolition and construction of the proposed project. Role:

Principal Investigator and Project Manager.

Gaffey Pool Archaeological Data Recovery Project; AWI Builders, Inc; San Pedro, Los Angeles, California. SWCA provided immediate field support for the unanticipated finding of a World War II–era slit trench located adjacent to the Gaffey Pool Rehabilitation Project at Fort MacArthur, a former U.S. Army installation in San Pedro. SWCA provided a crew for data recovery and mitigation and developed memorialization recommendations for this significant resource. Role: Principal Investigator. Duties included QA/QC, review of deliverables, oversight of technical work, site visits, and participation in client meetings.

National Chavez Center Cultural Resources Support; National Chavez Center and Cesar Chavez Foundation; Keene, California. SWCA was retained by the National Chavez Center and the Cesar Chavez Foundation to provide expert cultural resources consulting support, serving as advisors to the Center in its Section 106 consultation for the California High-Speed Rail Project, Bakersfield to Palmdale section, which was proposed to pass adjacent to its NHL and National Monument property. Services included review of project cultural resource technical reports, drafting comment letters, participation in Section 106 consultation meetings, coordination with historic preservation advocates and other consulting parties, and support for negotiation of a Memorandum of Agreement. Role: Project Manager and Section 106 Advisor.

Regional Connector Transit Corridor Cultural Resources Services; Los Angeles County Metropolitan Transportation Authority; Los Angeles, California. Provided support for compliance with Section 106 of the NHPA for a large transit corridor project in downtown Los Angeles. Services included preparation of monitoring and mitigation plan, creation of resource-specific treatment plan for the Los Angeles Zanja water conveyance system, HABS documentation for built environment resources, and archaeological/paleontological construction monitoring.

Role: Project Manager/Technical Lead. Employer: AECOM, Inc.

On-Call Environmental Services Contract; Los Angeles County Metropolitan Transportation Authority; Los Angeles, California.

Cultural resources services provided under on-call environmental services contract. Projects included Phase I cultural resources investigations, archaeological and paleontological construction monitoring, monitoring and discovery plans, worker training, Historic American Building Survey/Historic American Engineering Record documentation, eligibility evaluations, and Native American coordination. Work was carried out in compliance with CEQA, NEPA, and Section 106 of NHPA. Task orders included archaeological and paleontological monitoring for several large transit projects, including Regional Connector, Crenshaw/LAX Transit Corridor, Division 13 Bus Maintenance Facility, and Orange Line Pedestrian Connector. Role: Cultural Resources Lead. Led cultural resources monitoring team including coordinating with construction contractors, preparing and providing worker training, recording and assessing discoveries, developing treatment recommendations, and coordination with State Historic Preservation Office, Native Americans, and interested parties. Employer: AECOM, Inc.

On-Call Environmental Services Contract; Los Angeles Department of Water and Power; Los Angeles, California. Cultural resources services provided under on-call environmental services contract. Tasks included Phase I and II cultural resources investigations, archaeological and paleontological construction monitoring, and monitoring and discovery plans. Projects included Elysian Park – Downtown Water Recycling Pipeline; Division Creek Pipeline Replacement; 99th Street Wells Chloramination Station; First Street Trunk Line; and Van Norman Complex and Water Quality Improvement. Work was carried out in compliance with CEQA, NEPA, and Section 106 of NHPA. Role: Cultural Resources Lead. Employer: AECOM, Inc.

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Statement of Qualifications & Expertise
Jennifer Mermilliod, M.A.

JM Research & Consulting
4049 Almond Street, Suite 201
Riverside, CA 92501
951-233-6897
[email protected]

Jennifer Mermilliod, M.A., Principal Historian/Architectural Historian exceeds the Secretary of the Interior's Professional Qualifications Standards for History and Architectural History.

Project Design, Entitlement & Consultation Historic Preservation Planning, Policy & Programs Regulatory Compliance – Section 106 & CEQA Cultural Resources Treatment & Management Survey, Evaluation & Context Development NR, CR & Local Registration

Education
UC, Riverside, M.A., History, specialization in Historic Preservation, 2001 | UC, Riverside, B.A., History, 2000

Professional Experience
Cultural Resources/Historic Consultant, JM Research & Consulting, since 2001 Reviewing Official under SHPO MOU, March Joint Powers Authority, since 2012 Contract Historic Preservation Senior Planner, City of Riverside, since 2016 Historic Consultant and On-film Historian, HGTV & DIY Network, Restored Show, Seasons 1-6, since 2016

Selected Projects
Preservation Planning, Policy & Programs
Mission Heritage Plaza Substantial Compliance Analysis, Wakeland Housing & Development, Riverside, 2020 National Register Nomination (draft): Evergreen Cemetery, Riverside, 2020 First American Title Company, 4th & Main Apartment Project, City of Santa Ana, 2020 National Register Nomination: Bumann Ranch, Encinitas, 2020 San Jacinto General Plan Update, City of San Jacinto, 2019 Landmark Nomination: Bigelow’s Bungalow, Riverside, 2018 Historic Interpretive Entry Design & Plaque: Marywood Retreat Center, Orange, 2017 San Jacinto Downtown Specific Plan, City of San Jacinto, 2017 National Register Nomination: Jefferson Elementary School, Corona, 2017 Citywide Streetlight LED Conversion Project, City of Riverside, 2017 City of Riverside North Park Pergola Collapse – Salvage & Documentation Program, City of Riverside, 2017 Landmark Plaque: The Patsy O’Toole House, Riverside, 2016 Landmark Plaque: The Nielson Pool House, Riverside, 2016 Landmark N
omination and Plaque: Camp Anza Officers Club, Riverside, 2016 History Room Design & Interpretive Display: Camp Anza Officers Club, Riverside, 2016 City of Redlands Certified Local Government Program Development, 2015 Chicago/Linden Strategic Plan, City of Riverside, 2013
National Register Nomination: Huntington Beach Public Library on Triangle Park, Huntington Beach, 2013 California Baptist University Specific Plan, Riverside, 2012 Landmark Nomination and Plaque: The Walter C. Banks Residence, Riverside, 2012 Historic District Nomination: Segment of State Route 18, Corona, 2012 Landmark Nomination and Plaque: The A.C.E. Hawthorne House and Tree, Riverside, 2012 National Register Nomination: Grand Boulevard, Corona, 2011 California Register Nomination: The Jackson Building, Riverside, 2009 Landmark Nomination and Plaque: The Jackson Building, Riverside, 2008 California Point of Historical Resources Nomination: Camarillo Ranch House, Camarillo, 2005 National Register Multiple Property Nomination: Architecture of the Arts and Crafts Movement, Pasadena, 2004 Structure of Merit Nomination: House at 3855-59 11
th Street, Riverside, 2003
National Register Nomination: Camarillo Ranch House, Camarillo, 2003 CEQA Compliance
Covina Bowl, Covina, 2020
La Atalaya, Altura Credit Union Member House, Riverside, 2019 Entrada, Wakeland Housing & Development, Riverside, 2019

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Main Library, City of Riverside, 2018
Redlands YMCA Properties, Redlands, 2017
Marywood Retreat Center, Orange, 2013-2017
Mission Inn La Trattoria Pergola & Wine Tasting Room, Riverside, 2016 Rhunau, Rhunau, Clark Building, Riverside, 2016
Arlington Plaza, Riverside, 2016
Mission Lofts, Riverside, 2015
Lakeside Temescal Valley Project Lake Corona, Corona, CA Harris Farm Townhomes, Riverside, 2015
Dhammakaya Retreat, Azusa, 2013
Riverside Plaza Harris’ Department Store, Riverside, 2012 Old Town Plaza, San Jacinto, 2011
Pfennighausen Ranch, Pedley, County of Riverside, 2010
March Field Historic District Garage Building #113, March Joint Powers Authority, 2009 Five Points Realignment, City of Riverside, 2008
Fox Block, City of Riverside, 2007
Section 106 & CEQA Compliance
Prado Dam & Reservoir Improvement Project, Santa Ana River, 2017-present Home Front at Camp Anza - Camp Anza Officers Club, City of Riverside, 2013-2017 HRER, Colton Undergrade & C Street Crossing Seismic Retrofit Projects, City of Colton, Caltrans District 8, 2014 HPSR & FOE, University Avenue Streetscape Project, City of Riverside, Caltrans District 8, 2005 HPSR & FOE, Victoria Avenue Streetscape & Parkway Restoration Project, City of Riverside, Caltrans District 8, 2004 HPSR, Jurupa Avenue Underpass / Mountain Avenue Crossing Closure Project, City of Riverside, Caltrans District 8, 2001 Section 106 Compliance
Entrada, Wakeland Housing & Development, Riverside, 2019 Mission Heritage Plaza & Civil Rights Museum, Wakeland Housing & Development, Riverside, 2017 HPSR, Inglewood Avenue Corridor Widening Project, City of Lawndale, Caltrans District 7, 2013 Van Buren Improvement Project, March Joint Powers Authority, County of Riverside, EDA, 2013 Wattstar Cinema and Education, Los Angeles, 2010
County of San Bernardino Lead Abatement Program, Highland, Redlands, & San Bernardino, 2003

Professional Activities
Publications
The New Home Company Announces Marywood Hills, a Historic Collection of Luxury Residences with Unobstructed Views of the City of Orange. Press Release co-authored for immediate by The New Home Company. April 2018.

The Grandest Boulevard. Riverside County Historical Commission and the Riverside County Regional Park and Open- Space District, The Riverside County Chronicles, Issue No. 5. Fall 2011.

Riverside Project Wins Governor’s Award for Historic Preservation: ‘Home Front at Camp Anza’ Brings New Life to Old Officers Club. Press Release authored for immediate release by City of Riverside. October 4, 2016.

Historic Resources Inventory Database Web site: Instructions for Online Navigation. Historic Resources Database Website User’s Manual prepared for the City of Riverside. September 2002.

Historic Resources Inventory: Instructions for Recording and Viewing. Historic Resources Database User’s Manual prepared for the City of Riverside. September 2001.

Awards
California Preservation Foundation Award – Latino Context, City of Riverside. 2019.

Governor’s Award for Historic Preservation – Homefront at Camp Anza. 2016.

California Preservation Foundation Best Restoration Award – Homefront at Camp Anza. 2017.

IE Economic Partnership Award for Best Real Estate Development and Reuse – Homefront at Camp Anza. 2016.

Golden Nugget Award - Best Renovated, Restored, Adaptive Re-Use Residential Project – Homefront at Camp Anza. 2016.

Golden Nugget Award -Best Affordable Housing Community Under 30du/acre – Homefront at Camp Anza. 2016.

Presentations, Speaking Engagements, and Instruction
Creating Space for Women: Julia Morgan, Architect, and the Riverside YWCA. Women In Tandem (WIT). COVID HOLD.

The History of the Automobile in Riverside, Riverside Historical Society Four-Part Lecture Series. 2018-2021.

Part 1. The Automobile Comes to Town: The Birth of the Automobile Industry in Riverside, 1902-1913. 2018.

Part 2. From Agriculture to Automobile: The Internalization of a New Economy, 1913-1928. 2019.

Part 3. COVID HOLD.

Part 4. COVID HOLD.

Historic Preservation: The Field of Public History. Notre Dame High School Career Day. September 2018.

Historic Preservation: The Field of Public History. Riverside East Rotary Club. July 2018.

Historic Preservation: The Field of Public History. Riverside Uptown Kiwanis. December 2017.

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Architecture: Form, Function, and Ornamentation. Architecture Series. Diocese of San Bernardino, OLPH. October 2011.

How to Research Your Historic Home. City of Riverside Public Workshop. October 2010.

Riverside’s Hidden Histories: The Gems Among Us – Nava Tires. Mission Inn Foundation and Museum. June 17, 2010.

The Art of the Survey. Riverside County Historical Commission 5th Annual Symposium. October 26, 2007.

The Field of Public History. California State University, Fullerton. Dr. Wendy Elliott Scheinberg. November 14, 2006.

Arlington Heights, the Realization and Preservation of a California Dream. CPF Conference. May 14, 2005.

How to Research Your Historic Home. Riverside County Historical Commission History Workshop. April 16, 2004.

Affiliations & Service
National Trust for Historic Preservation, General Member #58551599.

California Preservation Foundation, General Member #21244.

Old Riverside Foundation, General Member; Board of Directors (2003-2005) – facilitated mission advancement through planning and direction of annual home tour, awards program, facilities maintenance, and historic preservation advocacy.

Riverside Historic Society, Lifetime Member

Community Engagement & Service
St. Catherine of Alexandria Parish, 2000-present
Parishioner (2000-present), Pastoral Council Chair (2019-present) and Member (2018-present), Co-Responsibility Commission (2019-present), Pastoral Liaison to Finance Committee (2019-present), Jubilee Committee Chair (2020- present), Choir Ministry (2011-2017), COVID Rosary Club (2020-present) Long range pastoral planning; consultation on pastoral matters; coordination with diocesan Office of Pastoral Planning in ecclesial integration of Parish Pastoral Plan; development of commissions and restructuring of ministries; event and program planning for parish 75thJubilee Anniversary; organizing and leading council and committee meetings.

Notre Dame High School, 2016-present
Parents Guild Member (2016-present), Co-Treasurer (2017-2018), & Chair (2019-present), Theatre Guild (2016-present).

Fundraising and event planning ranging up to $20,000 to support budget goals; staff support as needed, including occasional campus supervision; program development, planning, volunteer development and participation in such events such as Senior Sunrise, Catholic Schools Week, Teacher Appreciation Week, and Career Day; promotion, marketing, and support of Theatre Guild production.

National Charity League (NCL), Riverside Chapter, 2016-2019 Patroness (2016-2019), Co-Treasurer, Finance and Budget Committee Co-Chair, & Standards Committee (2017-2019).

Fiscal management of $200,000 budget and oversight of multiple fundraising events and campaigns, financial accounting and reports, development of annual budget and auditing, and compliance with annual IRS tax exempt returns and documentation. Service and philanthropy with community events and groups, including Riverside Art Museum, Jurupa Mountains Discovery Center, Mary S. Roberts Pet Adoption Center, Fox Theater Foundation, California School for the Deaf, Evergreen Cemetery, Operation SafeHouse, Feeding America, We CAN Food Drive, Hot Meals Program at Calvary Presbyterian Church, and Riverside Meals on Wheels.

St. Catherine of Alexandria School, 2002-2018
Parent Teacher Group (2007-2018), Room Parent (2009-2018), Head Room Parent (2011-2013), School Board President (2015-2018) & Member (2013-2018), Gala Committee (2009-2014), Marketing Committee Chair (2013-2015), Curriculum Committee Chair (2013-15), Wine Tasting Event Committee Chair (2015-2016), Pastoral Committee (2018).

Long range planning, annual direction, and general fiscal oversight of $2 million in assets and liabilities; revising operating by-laws; organizing and running board meetings and strategic planning meetings; leading committees and many community events; fundraising and event planning of up to $100,000 to support budget goals; developing and implementing a marketing plan; including chamber membership, Ambassador Program, and Alumni Program; developing curricular enhancements in Reading and Math; and initiating and launching iPad pilot program.

Hemophilia Foundation of Southern California (HFSC), 2002-present Member (2002-present) President of the Board of Directors (2005-2009) and Board Member (2007-2009) Direction and oversight of eight-county organization, including directing and supervising staff members; organizing and running board meetings and strategic planning meetings; leading committees and community events; advancing outreach, education, and advocacy; continuous publication, public speaking, and presentation on all levels, including live audiences of up to thousands of members and affiliates; facilitating communication and cooperation of board members and partner groups, including the National Hemophilia Foundation, the Hemophilia Federation of America, and the Hemophilia Council of California; revising operating by-laws; restructuring board membership to eliminate conflict of interest risk through industry representatives and establishing and supervising the Industry Council as an auxiliary advisory group; successfully overseeing the organization’s investment portfolio through the height of a local recession, initiating an annual President’s Summit meeting of the heads of the four California hemophilia foundations and their advocacy organization, the Hemophilia Council of California; and directing annual foundation and community programs and events, including Family Information Day Conference and specialty medical workshops; and developing several new programs and events, including an approximately $100,000 walk-a-thon fundraiser and family weekend retreat. Recipient of the National Hemophilia Foundation Award of Distinction in Health Education for the HFSC School Nurse Outreach Program (November 2011).

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Forms

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Attachment: SWCA Proposal_City of Colton Historic Updates (3609 : Contract Award - SWCA Environmental Consultants) APPENDIX A:

SUMMARY SHEET
Firm Name: - ------- - - - ---- - ----- ---- ------
Firm Parent or Ownership: _____ ______ _ ________ _ _ __ _ Firm Address:

Firm Telephone Number: _______ ____ _ Fax Numb er: ______ ___ _ Firm Email Address:

Firm Website: ------ ------- ----- --------- -
Number of years in existence: _____ _
Management Contact (person authorized to sign an agreement for the firm, and ultimately responsible for services required for this Request for Proposal):

Name : Title: ·- - ---- ---------- - ------- ------ --
Telephone Number:

Email:

Project Manager (person responsible for day-to-day contact with the City for services to be provided):

Name: Title: ---- -------- ---- -------- - ---- -Telephone Number: _ ____________ _ Email :
1 SWCA Environmental
Consultants, Inc.

N/A
51 W. Dayton Steet, Pasadena, CA 91105
626-489-4068
[email protected]
swca.com
40 John Dietler
Vice President, Southern California
626-489-4068
[email protected]
Debi Howell-Ardila
Project Manager
626-240-0587
[email protected]

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Attachment: SWCA Proposal_City of Colton Historic Updates (3609 : Contract Award - SWCA Environmental Consultants) APPENDIXB:

CERTIFICATION OF FIRM'S ACCEPTANCE

OF CITY OF COL TON'S STANDARD AGREEMENT
AND PROPOSAL FOR MODIFICATION OF TERMS (if any)
By signing this form below, the firm certifies that the attached Agreement in Appendix C is acceptable to the firm and will be signed upon selection of the firm to perform consulting services for the City of Colton, except for requests for modification of the agreement (if any), as specifically described below (or listing modifications by number that refer to attached sheets, if necessary).

Name and Signature of Firm's Management Representative authorized to sign an Agreement:

Name Title
Signature Date
Firm Name: ____________________________ _ _
A-1
03959.00002\31953 755.1
John Dietler
Vice President, Southern California
3/30/22
SWCA Environmental Consultants, Inc.

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23152.06000\30453088.2 Exhibit “A”-1

CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 17th day of May, 2022, by and between the City of Colton, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 650 North La Cadena Drive, Colton, California 92324 ("City") and SWCA Environmental Consultants, a California Corporation, with its principal place of business at 51 Dayton Street, Pasadena, CA 91105 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

2.2 Project.

City desires to engage Consultant to render such professional historic resources consulting services for the City of Colton’s General Plan Cultural Resources Element and Historic Preservation Code updates project ("Project") as set forth in this Agreement. Terms.

2.3 Scope of Services and Term.

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

2.3.2 Term. The term of this Agreement shall be from May 17, 2022 to June 30, 2023, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than one additional one- year term. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

2.4 Responsibilities of Consultant.

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

Consultant retains the right to perform similar or different services for others during the term of

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

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

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

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

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

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

2.4.6 Consultant's Representative. Consultant hereby designates Debi Howell- Ardila, Project Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement.

The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention , and shall be responsible for all means, methods, techniques, sequences, and

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procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

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

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

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

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

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

2.4.10.1 Employment Eligibility; Consultant . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of

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documentation confirming the identity and immigration status of each employee of the Consultant.

Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agr eement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.

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

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

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

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

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

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

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23152.06000\30453088.2 Exhibit “A”-5

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

2.4.11 Insurance.

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

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

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

Insurance Services Office Business Auto Coverage form number CA 000 1, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily in jury or disease. Defense costs shall be paid in addition to the limits.

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Attachment: Professional Services Agreement_SWCA (3609 : Contract Award - SWCA Environmental Consultants) (BB&K 2018)
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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, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of ins urance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.

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

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

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B). (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 Consultant. (D) All Coverages . Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

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

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

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

3.2.11.6 Subconsultant Insurance Requirements. Consultant shall not allow any su bconsultants to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

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

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

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and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

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

2.4.12 Water Quality Management and Compliance.

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

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

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

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

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

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

2.5 Fees and Payments.

2.5.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed seventy-eight thousand, nine -hundred eighty -seven dollars ($78,987.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

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

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

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

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

2.6 Labor Code Requirements.

2.6.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "m aintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with suc h Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classifica tion or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal

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place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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

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

2.7 Accounting Records.

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

2.8 General Provisions.

2.8.1 Termination of Agreement.

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

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

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

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

Consultant: SWCA Environmental Consultants, Inc.
51 W. Dayton Street
Pasadena, CA 91105
ATTN: John Dietler, Vice President, Southern California City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: Mark Tomich, Development Services Director
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

2.8.3 Ownership of Materials and Confidentiality.

2.8.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, wh ich are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retai n or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the

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Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

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

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

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

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

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

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

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

2.8.5 Indemnification.

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

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

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

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

In additio n to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is

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submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

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

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

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

2.8.11 Assignment or Transfe . Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreemen t 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

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

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

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

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

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

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

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Interest with the City’s Filing Officer as required under state law in th e performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

2.9 Subcontracting.

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

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SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF COLTON AND SWCA
Environmental Consultants, Inc.

CITY OF COLTON SWCA Environmental Consultants, Inc.

By: ____________________________ By: _________________________ William R. Smith John Dietler, Vice President
City Manager
.

Attest:

____
Carolina R. Padilla
City Clerk

Approved as to Form:

______________________________
Best Best & Krieger LLP
City Attorney

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EXHIBIT "A"

SCOPE OF SERVICES
TASK 1. UPDATE TO GENERAL PLAN CULTURAL RESOURCES ELEMENT Task 1.1 Project Initiation, Management, and Client meetings Updates to the General Plan Cultural Resources Element will begin with a kick-off meeting with City staff, in order to confirm project schedule, objectives, and milestones. This meeting will be attended by the SWCA project manager and technical lead for archaeology. At this time, SWCA will request available info rmation, including previous survey materials and studies, Arc - GIS data sets, base maps, and other related background materials as available (technical reports, environmental documents, photographs, etc.). This task also covers on -going project management time throughout the project’s anticipated 1-year schedule.

In accordance with the RFP, SWCA will also attend up to six (6) meetings with Planning staff (in person or remote).

Task 1.2 Literature Review and Research
A phase of intensive literature review wi ll follow, in order to ensure that our Cultural Resources Element update builds on the progress and foundation of previous documents, while also identifying areas for new or changed policies and improvements. At present, the element includes a brief section exploring the historic and cultural setting of the City, existing policies and initiatives, issues and challenges, and element goals and policies. Figures are provided to illustrate known archaeological resources and historic districts, among other featu res. These sections provide a good starting point for element updates. Strengths of the Cultural Resources Element at present include its clear and concise language and overview of the cultural resources setting in Colton.

Task 1.3 Community Workshop and Planning Commission Workshop Following this phase of literature review, SWCA will coordinate with the City to schedule and plan our community workshop. Depending on the tasks authorized by the City, the community workshop will include introductions to both the Cultural Resources Element update, as well as the historic resources survey update and recommendations for refinements to the Historic Preservation Ordinance. SWCA will provide ample opportunities for active participation and engagement for members of the public and decision-makers. SWCA will also work with the City to anticipate and address community and Planning Commission questions an d concerns. A PowerPoint presentation will be prepared by SWCA for these workshops, which will be similar but tailored to the audiences; SWCA will also take detailed notes at each workshop and distribute them to the City.

Task 1.4 Cultural Resources Element, Administrative and Final Drafts Based on this feedback and direction from the City, SWCA will update the Cultural Resources Element. As noted above, the existing element provides a good starting point for updates and expansion. As the Cultural Resources Element approaches its 22nd anniversary this fall, it would benefit from expanded and more robust actionable sections on a number of topics.

These could include (but not be limited to) provisions for tribal consultation, updated baseline data on known and pending a rchaeological resources, community and commission education, resource identification and designation, and an expanded incentives program. In addition, less

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Attachment: Professional Services Agreement_SWCA (3609 : Contract Award - SWCA Environmental Consultants) (BB&K 2018)
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robust at present are the sections on architectural history and the City’s sociocultural heritage and resources. Goals and policies that will allow the City to make progress in these areas will also be included.

SWCA will utilize available City, county, and state records and information to update known and pending archaeological resources in the City. T he goals and policies updated in the element will include tribal consultation requirements and sound, best -practice-based management recommendations for the treatment and preservation of cultural resources. In order to produce high-quality, user-friendly deliverables, SWCA will rely on our professional, in -house graphics team to produce the required formatted Cultural Resources Element, with maps and exhibits printed in 11 × 17–inch fold-out format.

TASK 2. RECOMMENDED UPDATES TO HISTORIC PRESERVATION CODE Task 2.1 Project Initiation, Management, and Client Meetings The recommended updates to the Historic Preservation Ordinance will begin with a kick- off meeting with City staff, in order to confirm project schedule, objectives, and milestones. This meeting will be attended by the SWCA project manager. At this time, SWCA will review with the City those provisions and areas most in need of updates and/or new sections for the ordinance.

This task also covers on-going project management time throughout the proj ect’s anticipated 1- year schedule.

In accordance with the RFP, SWCA will also attend up to six (6) meetings with Planning staff (in person or remote) for this task. Should more than one task be approved as part of this project, these meetings can be coordinated and combined for maximum efficiency.

Task 2.2 Literature Review and Research
The existing Historic Preservation Ordinance in the City of Colton consists of three separate phases of code adoption and amendment. In 1987, the City adopted Ordinance No. 0- 11-87, the “Historic and Scenic Preservation Ordinance.” This iteration of the ordinance established the standards and regulations for the identification, designation, and protection of historic and scenic properties. This law gave the City the abili ty to set its own tailor -made standards for which properties to designate, and how. Through this ordinance, the Historic and Scenic Preservation Commission was also established.

In 1996 and 1999, the code was again updated, through Ordinance No. 0 -11-96, which expanded on standards and regulations for the designation and preservation of historic, scenic, and cultural properties, and through Ordinance No. 0 -02-99, which created a provision for the identification and designation of historic districts in the City. The 1996 amendment also signaled a name change for the code chapter, which became the “Historic Preservation Ordinance of the City of Colton.”
SWCA will review these code provisions in depth in order to identify potential gaps in the ordinance and areas for expansion. The goal will be to put forward options for the City to consider, rather than prescriptive, one-size-fits-all measures.

Task 2.3 Recommended Historic Preservation Code Updates With this sound foundation in place, SWCA will draw on its expert knowledge of best practices and innovative approaches in historic preservation and cultural resource ordinances to develop options and recommendations for code updates. These might include recommended

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Attachment: Professional Services Agreement_SWCA (3609 : Contract Award - SWCA Environmental Consultants) (BB&K 2018)
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refinements and amendments to address the following topics:
 Tiered project reviews that flex according to minor and major projects, and a process for streamlined review for minor projects
 An expanded incentives program, taking into consideration various economic and code -based incentives for preservation
 Provisions for demolition permit review and evaluations for certain properties  A robust section on exceptions from code requirements, including provisions for certificates of economic hardship for specific cases
This analysis will include amendments to existing code as well as new ordinance sections.

In our experience, it is essential for any policy document or code amendment to be tailored to the city. In this way, SWCA will provide a range of options and comparative background from other cities for an y recommended new sections of the ordinance. The results of this analysis will be presented in a memorandum for the record.

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Attachment: Professional Services Agreement_SWCA (3609 : Contract Award - SWCA Environmental Consultants) (BB&K 2018)
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EXHIBIT "B"

SCHEDULE OF SERVICES

Task 1.

Milestones and Schedule

MILESTONES SCHEDULE
Project kick-off meeting Within Month 1
Community Workshop and Planning Commission
Workshop (two workshops, to discuss and gather feedback on all authorized tasks)
Months 3 and 4
Administrative Draft of Updated Cultural Resources
Element to City
Month 6
Planning Commission Hearings (up to two hearings)

Months 7 through 10
City Council Hearing (up to one hearing) Month 11
Meetings with Planning staff (up to six remote or in -
person)
TBD

Deliverables
 Administrative Draft of Updated Cultural Resources Element (10 copies, in right-sized three-ring binder)
 Final Administrative Draft for City Council hearing (12 copies, in right-sized three-ring binder)
 Final adopted element (25 copies, in right-sized three-ring binder)  One (1) PowerPoint presentation for Community and Planning Commission workshops; two (2) PowerPoint presentations for first and second Planning Commission and City Council hearings
 Minutes of Community Workshop and Planning Commission workshop

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Attachment: Professional Services Agreement_SWCA (3609 : Contract Award - SWCA Environmental Consultants) (BB&K 2018)
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Task 2.

Milestones and Schedule

MILESTONES SCHEDULE
Project kick-off meeting Within Month 1
Research and literature review Months 1 - 3
Community Workshop and Planning Commission
Workshop
(two workshops, to discuss and gather feedback on all
authorized tasks)
Month 3
Administrative Draft of Recommended Historic
Preservation Ordinance
updates to City
Month 6
Final Administrative Draft of Recommended Historic
Preservation
Ordinance updates to City
Month 8

Deliverables
 Administrative Draft of Recommended Historic Preservation Ordinance Updates Final Administrative Draft of Recommended Historic Preservation Ordinance Updates

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Attachment: Professional Services Agreement_SWCA (3609 : Contract Award - SWCA Environmental Consultants) (BB&K 2018)
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EXHIBIT "C"

COMPENSATION

TASK 1 CULTURAL RESOURCES ELEMENT UPDATE
Task 1.1 Project Initiation, Management, and Client Meetings $8,221.00 (Includes up to six (6) client meetings and project initiation meeting, in person or remote.

Should more than one task be approved as part of this project, these meetings will be combined.) Task 1.2 Literature Review and Research
$7,019.00
(Includes literature review of existing and comparable cultural resource elements comparative options)
Task 1.3 Community Workshop and Planning Commission Workshop $9,036.00
(Includes planning/attendance at two workshops, preparation of PowerPoint presentations, and recording and distributing meeting minutes)
Task 1.4 Cultural Resources E lement, Administrative/Final Administrative Drafts $33,026.00
(Includes attendance, PowerPoint preparation, and meeting minute recordation at two (2) Planning Commission and one (1) City Council hearings and production of 47 compiled copies of deliverables (at Administrative, Final Administrative, and Final Adopted stages) TASK TOTAL:
$ 57,302.00
RECOMMENDED 5% CONTINGENCY FUND:
$ 2,850.00
TASK 2 HISTORIC PRESERVATION ORDINANCE RECOMMENDATIONS
Task 2.1 Project Initiation, Management, and Client Meetings $2,934.00
(Includes up to six (6) client meetings and project initiation meeting, in person or remote.

Should more than one task be approved as part of this project, meetings will be combined.) Task 2.2 Literature Review and Research
$2,668.00
Task 2.3 Draft/Final Recommended Historic Preservation Ordinance Updates $ 12,333.00
TASK TOTAL:
$ 17,935.00
RECOMMENDED 5% CONTINGENCY FUND:
$ 900.00

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Attachment: Professional Services Agreement_SWCA (3609 : Contract Award - SWCA Environmental Consultants) (BB&K 2018)
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Attachment: Professional Services Agreement_SWCA (3609 : Contract Award - SWCA Environmental Consultants)

ITEM NO. 7

STAFF REPORT

DATE: MAY 17, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE THE SECOND AMENDMENT TO THE PROFESSIONAL

SERVICES AGREEMENT WITH GK & ASSOCIATES FOR
ENGINEERING SUPPORT SERVICES.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

It is recommended that the City Council approve the second Amendment to the Professional Services Agreement with GK & Associates, increasing the amount of compensation by $17,000 and the contract amount not to exceed $261,809 for FY 21-22, and authorize the City Manager to execute the agreement.

BACKGROUND

For Fiscal Year 2021 -22, Public Works and Utilities – Engineering Division listed numbers of CIP projects for completion. Some of these projects are streets rehabilitation and improvement projects that require engineering design, project management and inspection. The estimated cost for all of these proposed improvements is $841,000.

ISSUES/ANALYSIS

On June 1, 2021, the City of Colton entered into a Professional Services Agreement (Agreement) with GK & Associates for the Provision of Engineering Support for Design, Project Management and Inspection Services in the amount not -to-exceed $99,809. On November 19, 2021, the City Council authorized the first amendment to the contract to increase the contract amount by $145,000. The original contract with GK and Associates was awarded on August 6, 2 019 with 7 Packet Pg. 485
Staff Report to the Mayor and City Council
Contract Amendment - GK & Associates
May 17, 2022

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