Agenda packet — Colton City Council, December 20, 2022 (part 1 of 2)

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

Mayor Frank J. Navarro
Council Members:

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

City Treasurer Aurelio De La Torre

City Manager William R. Smith
City Attorney Carlos Campos
City Clerk Carolina R. Padilla

AGENDA

CITY COUNCIL,

COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,

COLTON HOUSING AUTHORITY

REGULAR MEETING
TUESDAY, DECEMBER 20, 2022 – 5:00 P.M.

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

NO CLOSED SESSION

RULES OF DECORUM

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

2 OPEN SESSION
6:00 P.M.

OPEN SESSION CALLED TO ORDER
INVOCATION Pastor Eric Strutz - The Door Church

FLAG SALUTE

ROLL CALL

CEREMONIAL MATTERS
Presentations, Awards, Proclamations

MAYOR AND COUNCIL ITEMS

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

APPOINTMENTS

MAYOR AND COUNCIL DISCUSSION ITEMS

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

3 (1) Solid Waste Rate Adjustment - Approve and Adopt Resolution to Approve Solid Waste Rate Adjustment to the Amended and Restated Agreement Between the City of Colton and Republic Services as Assigned to CR&R Incorporated for Collection of Municipal Solid Waste, RESOLUTION NO. R-130-22. [Staff Person: Brian Dickinson]
Mayor announces the Public Hearing Open.

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

Staff Presentation.

Public Comment.

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

MOTION __________ SECOND __________

BUSINESS ITEMS
There are no business items.

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

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

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

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

(2) Minutes - Approval of Minutes for the City Council Regular Meeting held on December 6, 2022. [Staff Person: Carolina Padilla]
(3) Warrants - Approve voucher numbers 202560 to 202678 dated 11/17/2022 and totaling $429,940.27; voucher numbers 202679 to 202771 dated 11/23/2022 and totaling $2,542,934.57; voucher numbers 202772 to 202854 dated 11/29/2022 and totaling $74,293.43. [Staff Person: Stacey Dabbs]
(4) City Treasurer's Report - Receive and File City Treasurer's Report for September 2022. [Staff Person: Aurelio De La Torre]

4 (5) Change Order - Weka Inc. - Approve Change Order No. 2 to the Contract with Weka, Inc. for the Washington Bridge Water Line Relocation Project.
[Staff Person: Brian Dickinson]
(6) Contract Amendment - Andresen Architecture - Approve Second Amendment to the Contract with Andresen Architecture for the Wastewater Reclamation Facility Building Project. [Staff Person: Brian Dickinson]
(7) Contract Award - Borden Excavating - Approve Award of Contract to Borden Excavating for the East F Street Transmission Pipeline Project.
[Staff Person: Brian Dickinson]
(8) Contract Award - CASC Engineering - Approve Contract with CASC Engineering to Provide On-Call Environmental Consulting Services.
[Staff Person: Mark Tomich]
(9) Contract Award - Kimley-Horn - Approve Contract with Kimley-Horn & Associates to Provide On-Call Environmental Consulting Services.
[Staff Person: Mark Tomich]
(10) Contract Award - Willdan - Approve Contract for Building & Safety Support Services to Willdan Engineering, and Corresponding Budget Amendment, RESOLUTION NO. R-128-22. [Staff Person: Mark Tomich]
(11) Easements - Electric Utility - Approve the Recordation of Grant of Easement for the Electric Utility at 602 Agua Mansa.
[Staff Person: Brian Dickinson]
(12) Letter of Intent - SBCOG Housing Trust - Approve a Letter of Intent Indicating Interest in Participation in the San Bernardino Council of Governments (SBCOG) Housing Trust Progra m. [Staff Person: Bill Smith]
(13) Purchase - PD Server Replacement - Approve Purchase of Dell Servers and Related Equipment for Police Department.
[Staff Person: Hank Dominguez]
(14) Purchase – RDO Equipment Company - Approve and Adopt a Resolution to Purchase a Backhoe for the Public Works Division of the Public Works & Utilities Department, RESOLUTION NO. R-129-22. [Staff Person: Brian Dickinson]
(15) Second Reading of Ordinance No. O-18-22 - Waive Full Reading and Read by Title only, Approving the Second Reading of an Ordinance of the City Council of the City of Colton to Chapter 7.20 to Title 7 of the City of Colton Municipal Code Prohibiting the Feeding, Watering, and Harassment of Undomesticated Burros, ORDINANCE NO. O-18-22.
[Staff Person: Carolina Padilla]

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

CITY MANAGER'S REPORTS

ADJOURNMENT

5 I, Stephanie Vargas, the Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted , at least seventy-two (72) hours prior to the meeting per Government Code 54954.2, at the following locations:

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

PROCEDURES FOR ADDRESSING CITY COUNCIL

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

RULES OF DECORUM

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

NOTICE TO PUBLIC

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

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

In compliance with the American with Disabilities Act, if you need special assistance to participate in a City Meeting, please contact the City Clerk’s Office at 909 -370-5001. Notification

6 48 hours prior to the meeting will enable the City to make reasonab le arrangements to ensure accessibility to this meeting.

LEGAL CHALLENGES

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

MANUAL OF PROCEDURE

The City Council adopted its Manual of Procedure pursuant to Resolution No. R -150-07; Amended by Minute Acti on on December 2, 2014 and adopted by Resolution No. R -03-15 on January 20, 2015. Copies are available in the Office of the City Clerk.

ITEM NO. 1

STAFF REPORT

DATE: DECEMBER 20, 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 AND ADOPT RESOLUTION TO APPROVE SOLID

WASTE RATE ADJUSTMENT TO THE AMENDED AND RESTATED

AGREEMENT BETWEEN THE CITY OF COLTON AND REPUBLIC

SERVICES AS ASSIGNED TO CR&R INCORPORATED FOR
COLLECTION OF MUNICIPAL SOLID WASTE, RESOLUTION NO.

R-130-22.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Open Public Hearing to receive public comments on the proposed rate increases and the First Amendment to Amended and Restated Agreement Between the City of Colton and CR&R, Inc. for the Collection of Municipal Solid Waste.

2. Close the Public Hearing after all public comments have been heard, and determine if written protests have been received from the owners/tenants of a majority of parcels which are subject to the solid waste service rate increases, and, if a maj ority protest is not received, and adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF COLTON, CALIFORNIA, ADOPTING RATES FOR SOLID

WASTE COLLECTION SERVICES, APPROVING FIRST AMENDMENT TO

AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF COLTON AND CR&R, INC. FOR THE COLLECTION OF MUNICIPAL SOLID WASTE, AND

FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT”

BACKGROUND

1.1 Packet Pg. 7
Staff Report to the Mayor and City Council
Solid Waste Rate Adjustment
December 20, 2022

Page 2 ends

The City of Colton (“City”) has an exclusive franchise agreement with CR&R, Inc. to prov ide municipal solid waste collection services within the City. The current Amended and Restated Agreement (“Agreement”) between the City of Colton and Republic Services of Southern California, LLC (“Republic”) for Collection of Municipal Solid Waste took effective July 1, 2016. Republic subsequently assigned its rights and obligations under the Agreement to CR&R, Inc. (“CR&R”) in 2018. Recent changes to state law relative to organic waste collection have necessitated modifications to the existing Agreeme nt. The proposed First Amendment to Amended and Restated Agreement Between the City of Colton and CR&R, Inc. for the Collection of Municipal Solid Waste (“First Amendment”) includes the new organic waste collection services required by regulations implemen ting Senate Bill (SB) 1383 (Chapter 395, Statutes of 2016) (“SB 1383 Regulations”).

The proposed rate increases for Solid Waste Services are necessary for CR&R to provide mandatory organic waste collection services pursuant to the SB 1383 Regulations. A public hearing notice was mailed to property owners and tenants of the properties receiving solid waste collection services at least 45 days in advance of the scheduled public hearing on December 20, 2022. This public hearing is being conducted to receive public testimony and written protests. Following the public hearing, the City Council is requested to approve a resolution adopting the rate increases and approving the First Amendment. The propo sed rate increases also include an inflationary rate adjust ment for commercial customers that CR&R was entitled to on July 1, 2022 under the franchise agreement. The proposed rate increases would take effect January 1, 2023.

At the December 21, 2021 City Council meeting , Ordinance No. O-12-21 for the Collection and Disposal of Residential Organic Waste for compliance with SB 1383 was adopted by the City Council.

At the April 5, 2022 City Council meeting, staff provided an update d presentation on SB 1383 compliance, providing information on options for the colle ction and processing of Residential Organic Wastes with the different associated costs. Consensus of the Council was to implement the option of disposal and processing at the Perris Anaerobic Digester as recommended by staff.

ISSUES/ANALYSIS

First Amendment

The proposed First Amendment would update the Agreement to reflect the additional obligations required by the SB 1383 Regulations. Under the SB 1383 Regulations, residents and businesses must separate organic waste (such as yard waste and food waste) from other trash to be managed at a facility other than the landfill. To accomplish this, all property owners, residents, and businesses will be required to enroll in collection services for trash, recyclables, and organic waste.

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Staff Report to the Mayor and City Council
Solid Waste Rate Adjustment
December 20, 2022

Page 3 ends

Proposed Solid Waste Rate Increases

The proposed solid waste rate increases are necessary to implement the state organic waste collection requirements under the SB 1383 Regulations. The rates include fees to administer solid waste services, provide inspections, enforcement, and oversight; conduct extensive public education and outreach; procure organic compost/mulch or renewable natural gas; and comply with state mandates relating to solid waste services.

The rate increases also:
 implement an inflationary adjustment for com mercial customers that CR&R was entitled to on July 1, 2022 under the Agreement;
 implement an inflationary adjustment, beginning July 1, 2023, and each July 1 thereafter through July 1, 2027. The Collection Cost Component of the maximum rates provided in Exhibit A of the Resolution shall be automatically adjusted annually based upon the annual percentage in the Consumer Price Index for All Urban Consumers for the Riverside-San Bernardino-Ontario, CA, as determined by the United States Department of Labor Statistics;
 implement tipping fee adjustments, beginning July 1, 2023, and each July 1 thereafter through July 1, 2027. The Tipping Fee Component of the maximum rates provided in Exhibit A of the Resolution is based on the estimated average cost per ton for disposal, and for Recyclables and Organic Waste, the estimated average cost per ton of processing, for all tons of Solid Waste projected to be collected by CR&R for the rate year (July 1 – June 30), as adjusted for the average annual change in the Cons umer Price Index for All Urban Consumers for the Riverside -San Bernardino-Ontario, CA Metropolitan Area, as determined by the United States Department of Labor Statistics.

Exempt from CEQA

The Resolution is not subject to the requirements of the Califo rnia Environmental Quality Act (“CEQA”). The approval of the First Amendment it is not a “project” within the meaning of 14 CCR Section 15378 (“State CEQA Guidelines”) because it has no potential for resulting in direct or indirect physical change in the environment. The Charges are exempt from CEQA pursuant to California Public Resources Code section 21080(b)(8) and State CEQA Guidelines section 15273(a) because such Charges are necessary and reasonable to fund the administration, operation, maintenance, and improvements of the solid waste collection system.

FISCAL IMPACT

The cost increase for standard residential customers for SB 1383 compliance on a monthly basis will be $5.58 for the Perris Anaerobic Digester facility.

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Staff Report to the Mayor and City Council
Solid Waste Rate Adjustment
December 20, 2022

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Residential Organics complian ce costs were calculated and based on the average pounds of organic waste per month multiplied by the tipping fee per ton, which provided the base rate. To the base rate, the franchise fee was added, then less the current processing rate, equals the rate increase per month.

For Commercial/Industrial customers the rate increase was based on the Franchise Agreement CPI increase formula.

ALTERNATIVES

1. Adopt Resolution R-130-22.

2. Do not adopt Resolution R-130-22.

3. Provide alternative direction to the City Manager and Director of Public Works and Utility Services.

ATTACHMENT

1. Colton - Resolution Adopting Solid Waste Rates R-130-22 12.20.2022

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23152.06040\40409419.1

RESOLUTION NO R-130-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COLTON, CALIFORNIA, ADOPTING RATES FOR SOLID

WASTE COLLECTION SERVICES , APPROVING FIRST

AMENDMENT TO AMENDED AND RESTATED AGREEMENT
BETWEEN THE CITY OF COLTON AND CR&R, INC. FOR

THE COLLECTION OF MUNICIPAL SOLID WASTE AND

FINDING THE ACTION EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, as a result of regulations implementing Senate Bill (SB) 1383 (Sho rt-Lived Climate Pollutants (SLCP): Organic Waste Methane Emissions Reductions) that took effect January 1, 2022, organic waste can no longer be disposed of in landfills and organic waste collection services must be extended to all residents and businesses; and WHEREAS, SB 1383 directed the California Department of Resources Recycling and Recovery (“CalRecycle”) to adopt certain regulations to implement SB 1383 (the “SB 1383 Regulations”); and
WHEREAS, to comply with the SB 1383 Regulations, the City of Col ton (the “City”) negotiated with its waste hauler, CR&R Incorporated (“CR&R”) to provide the necessary services; and
WHEREAS, the City and CR&R desire to amend the Amended and Restated Agreement Between the City of Colton and CR&R, Inc. for the Collection of Municipal Solid Waste (the “Agreement”) to implement additional solid waste diversion programs; and WHEREAS, the City and CR&R have finalized an amendment to the Agreement that reflects the new and modified services, attached hereto as Exhibit B (the “Amendment”); and WHEREAS, the rate structure for the monthly solid waste service fees has three customer classes: (i) single family residential; (ii) multi-family residential; and (iii) commercial; and WHEREAS, the rate structure for trash, recycling, and organic waste collection is based on the container size, type of service, and frequency of collection; and WHEREAS, the City has determined that it is necessary to impose new, increased, or modified rates for its solid waste service charges (collectively herein, the “Charges”); and WHEREAS, the revenues derived from the Charges will not exceed the funds required to provide the solid waste services and shall be used exclusively for the provision of solid waste collection services; and
WHEREAS, the amount of the Charges will not exceed the proportional cost of the service attributable to each parcel upon which they are proposed for imposition; and

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Attachment: Colton - Resolution Adopting Solid Waste Rates R-130-22 12.20.2022 (3890 : Solid Waste Rate Adjustment) 23152.06040\40409419.1

WHEREAS, the Charges will not be imposed on a parcel unless the solid waste services are actually used by, or immediately available to, the owner of the parcel; and WHEREAS, California Constitution article XIII D, section 6 (“Article XIII D”) requires that, prior to imposing any increase to the Charges, the City shall provide written notice (the “Notice”) by mail of the proposed increases to the rates for the Charges to the record owner of each parcel upon which the rate increases to the Charges are proposed for imposition and any tenant directly liable for payment of such Charges (collectively herein, the “Customers” ), the amount of the rates for the Charges proposed to be imposed on each parcel, the basis upon which the rates for the Charges were calculated, the reason for the rate increases to the Charges, and the date, time, and location of a public hearing (the “H earing”) on the proposed rate increases to the Charges; and
WHEREAS, pursuant to Article XIII D, such Notice is required to be provided to the affected customers not less than 45 days prior to the Hearing on the proposed rate increases; and WHEREAS, the City mailed the Notice in accordance with Article XIII D and the Hearing was held on this day, December 20, 2022; and
WHEREAS, at the Hearing the City Council heard all oral testimony, and considered all written materials and written protests concerning the establishment and imposition of the proposed rate increases to the Charges, and at the close of the Hearing the City did not receive written protests against the establishment and imposition of the proposed rates increases to the Charges from a majority of the record owners or property upon which the Charges are proposed for imposition or any tenants directly liable for the payment of the Charges (i.e., a Customer of record who is not a property owner); and
WHEREAS, the City Council now desires to establish and impose the proposed Charges; and
WHEREAS, the City Council now desires to approve the Amendment to the Agreement with CR&R.

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

SECTION 1. Recitals. The above recitals are all tru e and correct and are incorporated herein.

SECTION 2. Rate Adoption. The City Council hereby adopts the Charges for solid waste collection services at the maximum r ates, and on the effective date , as set forth in Exhibit A, attached hereto and incorporated herein by this reference.

SECTION 3. Adoption of Annual Rate Adjustments.

A. CPI Adjustment. For the fiscal year beginning July 1 , 2023, and annually thereafter on July 1 through and including July 1, 2027, the Collection Cost Component of the maximum rates provided in Exhibit A shall be automatically adjusted annually based upon the annual percentage in the Consumer Price Index for All Urban Consumers for the Riverside -San

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Attachment: Colton - Resolution Adopting Solid Waste Rates R-130-22 12.20.2022 (3890 : Solid Waste Rate Adjustment) 23152.06040\40409419.1

Bernardino-Ontario, CA, as determined by the United States Department of Lab or Statistics. In no event will the annual adjustment for the inflationary adjustment discussed in this paragraph exceed the actual change in value in any year.

B. Tipping Fees. The Tipping Fee Component of the maximum rates provided in Exhibit A is bas ed on the estimated average cost per ton for disposal, and for Recyclables and Organic Waste, the estimated average cost per ton of processing, for all tons of Solid Waste projected to be collected by CR&R for the rate year (July 1 – June 30), as adjusted for the average annual change in the Consumer Price Index for All Urban Consumers for the Riverside -San Bernardino-Ontario, CA Metropolitan Area (CUURS49CSA0) (not seasonally adjusted), as determined by the United States Department of Labor Statistics. These adjustments will occur beginning July 1, 2023 and every July 1 thereafter, through and including July 1, 2027. In no event will the annual adjustment for the Tipping Fees discussed in this paragraph exceed the actual change in value in any year.

SECTION 4. To the extent any Charges established by this Resolution are inconsistent with any Charges previously adopted by the City Council, it is the explicit i ntention of the City Council that the Charges adopted pursuant to this Resolution shall prevail.

SECTION 5. Franchise Agreement Amendment. The City Council hereby approves the Amendment to the Agreement, as set forth in Exhibit B, attached hereto and inc orporated by this reference. The City Manager is hereby authorized to execute the Amendment to the Agreement and take all further actions necessary thereto.

SECTION 6. This Resolution is not subject to the requirements of the California Environmental Quality Act (“CEQA”). This Resolution is not a “project” within the meaning of Section 15378 of Title 14 of the California Code of Regulations (“State CEQA Guidelines”) because it has no potential for resulting in direct or indirect physical change in the en vironment.

The approval of the franchise agreement is exempt from CEQA review because it does not constitute a project under CEQA pursuant to Section 15378(b)(5) of the State CEQA Guildelines, which provides that organizational and administrative activities of governments that will not result in physical changes in the environment are not considered projects for CEQA purposes. The City Council hereby finds that the administration, operation, maintenance, and improvements of the solid waste collection syst em, which are to be funded by the Charges and reflected in the Amendment, are necessary to maintain solid waste services within the City’s existing service area.

The City Council further finds that such Charges are necessary and reasonable to fund the administration, operation, maintenance, and improvements of the solid waste collection system.

Based on these findings, the City Council hereby determines that this Resolution is statutorily exempt from the requirements of CEQA pursuant to California Public Re sources Code section 21080(b)(8) and State CEQA Guidelines section 15273(a). The documents and materials that constitute the record of proceedings on which these findings have been based are located at 650 N La Cadena Drive, Colton, CA 92324. The custodian of these records is the City Clerk of the City.

SECTION 7. Severability. If any section, subsection, subdivision, sentence, clause, or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, or invalid or ineffective by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council

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Attachment: Colton - Resolution Adopting Solid Waste Rates R-130-22 12.20.2022 (3890 : Solid Waste Rate Adjustment) 23152.06040\40409419.1

hereby declares that it would have adopted each section irrespective o f the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

SECTION 8. Effective Date. This Resolution takes effect immediately upon adoption by the City Council and will remain effective unless repealed or superseded.

SECTION 9. The City Manager or his or her designee is hereby authorized to take all actions necessary to implement this Resolution.

ADOPTED this 20th day of December, 2022, by the following vote:

_____________________________________
Frank Navarro, Mayor
City of Colton

ATTEST:

_____________________________________
Carolina Padilla, City Clerk
City of Colton

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Attachment: Colton - Resolution Adopting Solid Waste Rates R-130-22 12.20.2022 (3890 : Solid Waste Rate Adjustment) 23152.06040\40409419.1

EXHIBIT A

SCHEDULE OF MAXIMUM SOLID WASTE RATES
Residential
City Billed
Standard Residential per month $ 32.44
Additional Trash Cart per month $ 10.08
Additional Organic Waste Cart per month $ 7.13 Additional Recycling Cart no charge $ -
Contamination Processing Fee per violation $ 35.00

Bulky Item Services - Residential and Multi-Family
Bulky item pu1, 4x year up to 25
items no charge $ -
Bulky pu - white good with freon per item $ 57.67 Bulky pu - water heater >75 gal per item $ 83.08 Additional bulky - 5th pickup up to 2 items $ 57.67 Additional bulky - 3rd + items Per item $ 8.24

Extra Services
Additional pickup on service day per cart $ 10.69 Additional pickup, next day per set $ 32.07
Additional cart exchange, after 1x yr per exchange $ 21.87 Cart Replacement - damaged per cart $ 80.93
Contamination Processing Fee per violation $ 35.00

Bin Service

1.0 YD Trash Rates
1 x week per month $ 117.33
Extra pickup per bin $ 52.02

1.5 YD Trash Rates
1 x week per month $ 136.54
2 x week per month $ 181.21
Extra pickup per bin $ 61.10

2.0 YD Trash Rates
1 x week per month $ 155.82
2 x week per month $ 219.36
3 x week per month $ 325.11
4 x week per month $ 430.79
Extra pickup per bin $ 72.83

3.0 YD Trash Rates
1 x week per month $ 175.17
2 x week per month $ 277.15
3 x week per month $ 398.42
4 x week per month $ 519.63
5 x week per month $ 641.34
6 x week per month $ 762.06
Extra pickup per bin $ 91.15

1 “pu” refers to pickup.

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Attachment: Colton - Resolution Adopting Solid Waste Rates R-130-22 12.20.2022 (3890 : Solid Waste Rate Adjustment) 23152.06040\40409419.1

3.0 YD Recycling Rates HALF OF 3YD TRASH
1 x week per month $ 123.22
2 x week per month $ 171.53
3 x week per month $ 239.04
4 x week per month $ 306.55
5 x week per month $ 374.09
6 x week per month $ 441.62
Extra pickup per bin $ 37.40

4.0 YD Trash Rates
1 x week per month $ 204.13
2 x week per month $ 335.08
3 x week per month $ 485.29
4 x week per month $ 635.44
5 x week per month $ 785.56
6 x week per month $ 935.80
Extra pickup per bin $ 108.62

6.0 YD Trash Rates
1 x week per month $ 247.37
2 x week per month $ 410.42
3 x week per month $ 595.53
4 x week per month $ 780.66
5 x week per month $ 965.76
6 x week per month $ 1,150.84
Extra pickup per bin $ 150.49

2.0 YD Packer
1 x week per month $ 288.33
2 x week per month $ 438.29
3 x week per month $ 626.54
4 x week per month $ 814.82
5 x week per month $ 1,003.11
6 x week per month $ 1,191.46
Extra pickup per bin $ 139.17

3.0 YD Packer
1 x week per month $ 337.14
2 x week per month $ 535.90
3 x week per month $ 773.00
4 x week per month $ 1,010.13
5 x week per month $ 1,247.22
6 x week per month $ 1,484.34
Extra pickup per bin $ 188.00

Organic Waste (Food Scraps
and/or Green Waste)

2.0 YD Bin – Organic Waste
1 x week per month $ 289.11
2 x week per month $ 514.81
3 x week per month $ 769.76
4 x week per month $ 1,024.72
Extra pickup per bin $ 232.11
65-gallon cart – Organic Waste
1 x week per month $ 55.86

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2 x week per month $ 111.71
3 x week per month $ 167.57
4 x week per month $ 223.43
5 x week per month $ 279.29
Extra pickup per cart $ 55.86

Multi-Family

3.0 YD Bin - Green Waste
1 x week per month $ 260.63
2 x week per month $ 471.10
3 x week per month $ 694.89
4 x week per month $ 918.63
5 x week per month $ 1,142.42
6 x week per month $ 1,366.19
Extra pickup per bin $ 202.90

4.0 YD Bin - Green Waste
1 x week per month $ 326.14
2 x week per month $ 602.12
3 x week per month $ 891.43
4 x week per month $ 1,180.72
5 x week per month $ 1,470.04
6 x week per month $ 1,759.37
Extra pickup per bin $ 260.46
96-gallon cart - Green Waste
1 x week per month $ 50.33
2 x week per month $ 100.66
3 x week per month $ 150.96
4 x week per month $ 201.30
5 x week per month $ 251.64
Extra pickup per cart $ 50.33

Temporary Services - 3.0 YD
Mixed waste clean up per bin, 3 days $ 104.40
Relocation per bin $ 69.60
Each Additional Day per day $ 8.20

Extra Services
Pull out service
1 x week per month $ 82.19
2 x week per month $ 164.42
3 x week per month $ 246.60
4 x week per month $ 328.80
5 x week per month $ 411.00
6 x week per month $ 493.23
Extra pickup per bin $ 82.19
Locking service
1 x week per month $ 6.69
2 x week per month $ 13.45
3 x week per month $ 20.14
4 x week per month $ 26.88

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5 x week per month $ 33.58
6 x week per month $ 40.34
Extra pickup per bin $ 6.69

Convert to locking, gravity bin one-time fee, per bin $ 122.24 Bin Exchange 1x per year no charge $ -
Bin exchange > 1x year per bin $ 101.58
Bin Redelivery/Re-start, stop service $ 103.01
Bin pull for non-payment $ 103.01
Overage charge bin yard $ 16.62
Commercial Bulky pu up to 2 items $ 29.17
Comm Bulky pu - white good with
freon per item $ 61.19
Bulky pu - water heater >75 gal per item $ 83.08 Additional bulky - 3rd + items per item $ 29.17 Contamination Processing Fee per violation $ 35.00

Roll-off and Compactor Services
Roll-off Box - Temporary - 3 Days
40 cubic yard (8 ton max) per bin (6.5 ton avg) $ 670.60 10 cubic yard (8 ton max) per bin $ 698.30
Additional Tonnage per ton $ 75.23
Roll-off Box - Permanent
40 cubic yard (includes 8 tons) per bin (6.5 ton avg) $ 642.80 10 cubic yard (includes 8 tons) per bin $ 670.59
Compactor per bin (7 ton avg) $ 808.54
Additional Tonnage per ton $ 75.23
Extra Services
Each Additional Day After Rental
Period per day $ 16.34
Relocation per bin $ 69.60
False Run per bin $ 66.77
Saturday Service per bin $ 43.55
Compactor Steam Cleaning per bin $ 185.38

Facility Fees
Public Works Disposal Rate, per ton excess of 300 tons per yr $ 63.57

Bundled Commercial Compliance Rates
3 YD Comm Bin, 90G Comm Recy, 64G Food waste 1/Week $ 257.74 3 YD Comm Bin, 90G Comm Recy, 64G Food waste 2/Week $ 447.72 3 YD Comm Bin, 90G Comm Recy, 64G Food waste 3/Week $ 655.60 3 YD Comm Bin, 90G Comm Recy, 64G Food waste 4/Week $ 863.42

3 YD Comm Bin, 90G Comm Recy, 64G Food waste 5/Week $ 1,071.71 3 YD Comm Bin, 90G Comm Recy, 64G Food waste 6/Week $ 1,020.09

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EXHIBIT B

FIRST AMENDMENT TO AMENDED AND RESTATED AGREEMENT

BETWEEN THE CITY OF COLTON

AND CR&R, INCORPORATED

FOR THE COLLECTION OF MUNICIPAL SOLID WASTE

THIS FIRST AMENDMENT TO AMENDED AND RESTATED AGREEMENT FOR THE COLLECTION OF MUNICIPAL SOLID WASTE (“First Amendment”) is made and entered into on February 15, 2022 (“Effective Date”) by and between the City of Colton, a municipal corporation (the “City”), and CR&R, Incorporated, a California corporation (the “Contractor”). The City and Contractor may each be referred to herein as a “Party” and collectively as the “Parties.”
WHEREAS, the Amended and Restated Agreement between the City of Colton and Republic Services of Southern California, LLC for Collection of Mun icipal Solid Waste took effective July 1, 2016 (“Agreement”); and
WHEREAS, Republic Services of Southern California, LLC (“Republic”) and Contractor entered into an assignment agreement on March 17, 2017, and Republic assigned its rights and obligations under the Agreement to Contractor; and
WHEREAS, Contractor exclusively provides solid waste collection services within the City; and
WHEREAS, SB 1383 (Chapter 395, Statutes of 2016) directed local agencies to divert organic waste from landfills and help reduce food insecurity, and regulations promulgated by the California Department of Resources Recycling and Recovery require the City to provide organic waste collection services and implement said regulations within the City; and WHEREAS, City and Contractor desire to amend the Agreement to reflect the additional obligations required by the SB 1383 Regulations.

NOW, THEREFORE, the Parties agree to the following modifications to the Agreement.

1. The numbering scheme under Article 1 of the Agreement shall be deleted and the following definitions are added to and/or amend Article 1 of the Agreement, as set forth herein, as applicable.

Definitions otherwise contained in the Agreement and/or any previous amendment(s), but which are not addressed below, shall remain the same.
“Black Container” shall have the same meaning as “Gray Container.” “Blue Container” has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and Collection of Source Separated Recyclables. “CCR” means the California Code of Regulations. CCR references in this Agreement are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR, Division 7, Chapter 12” refers to Title 14, Division 7, Chapter 12 of the California Code of Regulations).

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“Commercial Edible Food Generators” includes Tier One Commercial Edible Food Generators and Tier Two Commercial Edible Food Generators, or as otherwise defined in 14 CCR Section 18982(a)(7). For the purposes of this def inition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators, or as otherwise specified by 14 CCR Section 18982(a)(7).
“Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), and means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility.
“Edible Food” means food intended for human consumption. For the purposes of this Agreement, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982(a)(18) for Edible Food differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall apply to this Agreement.
“Excluded Waste” means Hazardous Substance, Hazardous Waste, Infectious Waste, Designated Waste, volatile, corrosive, Medical Waste, infectious, regulated radioactive waste, and toxic substances or material that Facility operator(s) reasonably believe(s) would, as a result of or upon acceptance, Transfer, Processing, or Disposal, be a v iolation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be Disposed of in Class III Landfills or accepted at the Facility by permit conditions, waste that in Contractor’s reasona ble opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Contractor or City to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single-Family or Multi-Family Solid Waste after implementation of programs for the safe Collection, Processing, Recycling, treatment, and Disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. “Food Recovery” means actions to collect and distribute food for human consumption which otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24). “Food Recovery Organization” means an entity that primarily engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and that distributes Edible Food to the public for Food Recovery either directly or through other entities, including, but not limited to:

A. A food bank as defined in Section 113783 of the Health and Safety Code; B. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and,
C. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Agreement.

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“Food Recovery Service” means a Person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery; or as otherwise defined in 14 CCR Section 18982(a)(26). “Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps. “Food-Soiled Paper” means compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons.
“Generator” means a person or entity that is responsible for the initial creation of waste. “Gray Container” or “Black Container” has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of Gray/Black Container Waste.
“Gray/Black Container Waste” means Solid Waste that is collec ted in a Gray/Black Container that is part of a three -container Organic Waste collection service that prohibits the placement of Organic Waste or Recyclables in the Gray /Black Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). “Green Container” has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of Source Separated Organic Waste. “Hauler Route” means the designated itinerary or sequence of stops for each segment of the City’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5). “Landfill” means a permitted disposal site which accepts Solid Waste. “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the de finition in 14 CCR Section 18982(a)(38) shall apply to this Agreement.
“Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of 14 CCR, Division 7, Chapter 12 and this Agreement, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic ce nter, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of 14 CCR, Division 7, Chapter 12 and this Agreement, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section

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18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this Agreement.
“Multi-Family Residential Dwelling” or “Multi -Family” means, for purposes of implementing the SB 1383 Regulations in this chapter, of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi-Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses. “Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable wastes including, but not limited to, bottles, cans, metals, pl astics, and glass, or as otherwise defined in 14 CCR Section 18982(a)(43). Non -Organic Recyclables are a subset of Source Separated Recyclables.
“Organic Waste,” “Organic Material,” or “Organics” means Solid Wastes containing material originated from livi ng organisms and their metabolic waste products including, but not limited to, food, Yard Trimmings, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively. “Organic Waste Container” shall be used for the purpose of storage and collection of Source Separated Organic Waste.
“Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or as otherwise defined in 14 CCR Section 18982(a)(51).
“Printing an d Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing pap ers, posters, index cards, calendars, brochures, reports, magazines, and publications; or as otherwise defined in 14 CCR Section 18982(a)(54).
“Processing” means the controlled separation, recovery, volume reduction, conversion, or Recycling of Solid Waste including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment, or as othe rwise defined in 14 CCR Section 17402(a)(20).
“Prohibited Container Contaminants” means the following: (i) Discarded Materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclables for the Blue Container; (ii) Disc arded Materials placed in the Organic Waste Container that are not identified as acceptable Source Separated Organic Waste for the Organic Waste Container; (iii) Discarded Materials placed in the Gray Container that are acceptable Source Separated Recyclables and/or Source Separated Organic Waste to be placed in the Blue Container and/or Organic Waste Container; and (iv) Excluded Waste placed in any Container.

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“Recycling Container” shall be used for the purpose of storage and Collection of Source Separated Recyclables.
“Reuse” or any variation thereof, means the use, in the same, or similar, form as it was produced, of a material which might otherwise be discarded, or as otherwise defined in 14 CCR Section 17402.5(b)(2).
“Refuse Container” shall have the sa me meaning as “Black Container” or “Gray Container.”
“Single-Family” means, for purposes of implementing the SB 1383 Regulations in this chapter, of, from, or pertaining to any residential premises with fewer than five (5) units. “SB 1383” means Senate Bill 1383 (Chapter 395, Statutes of 2016), establishing methane emissions reduction targets in a statewide effort to reduce emissions of short -lived climate pollutants as amended from time to time.
“SB 1383 Regulations” refers to the Short -Lived Climate Po llutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted in 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR. “Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, aband oned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141. (2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code).

Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code. “Source Separated” means materials, including commingled Recyclables, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or Processing those materials for Recycling or Reuse in order to re turn them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the Agreement, Source Separated shall include separation of materials by the Generator, Property Owner, Property Owner’s employee,

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property manager, or property manager’s employee into different Containers for the purpose of Collection such that Source Separated materials are separated from Gray Container Waste and other Solid Waste for the purposes of Collection and Processing. “Source Separated Recyclables” means source separated organic and non -organic recyclables that can be placed in a Recycling Con tainer that is limited to the collection of “non - organic recyclables” as defined in14 CCR Section 18982(a)(43), or “organic waste” as defined in 14 CCR Section 17402(a)(18.5).
“Source Separated Organic Waste” means Source Separated Organic Waste that can be placed in an Organics Waste Container that is specifically intended for the separate collection of Organic Waste by the Generator, excluding Source Separated Organic Waste allowed in Blue Containers, carpets, Non-Compostable Paper, and textiles.

“Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982:

A. Supermarket.

B. Grocery Store with a total facility size equal to or greater than 10,000 square feet.

C. Food Service Provider.

D. Food Distributor.

E. Wholesale Food Vendor.

If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Agreement.
“Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982:

A. Restaurant with 250 or more seats, or a total facility size equal to or greate r than 5,000 square feet.

B. Hotel with an on-site food facility and 200 or more rooms.

C. Health facility with an on-site food facility and 100 or more beds.

D. Large Venue.

E. Large Event.

F. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

G. A local education agency with an on-site food facility.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Agreement.
“Yard Trimmings” means types of Source Separated Organic Waste resulting from normal yard and landscaping installation, maintenance, or removal that the Generators Source Separat e and set out in Organic Waste Containers for Collection for the purpose of Processing by the Contractor.

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2. The following is added to the end of Section 4.01.h.:
“Contractor shall provide all Customers with Collection Containers that comply with the Container color requirements specified in this Agreement or as otherwise specified in the SB 1383 Regulations. As of the Effective Date, the existing Container colors for Single -Family customers are Black for Refuse, Green for Recycling and Brown for Green Waste and/or Organic Waste. If an existing Container breaks or is otherwise rendered non -functional on or after January 1, 2022, the Contractor shall replace the non-functional Container with a Container that complies with the color requirements of this Agreement. Notwithstanding this Section, the Contractor is not required to replace functional Containers, including Containers purchased prior to January 1, 2022, that do not comply with the color requirements of this Agreement prior to the end of the useful life of those Containers, or prior to January 1, 2036, whichever comes first.

Contractor shall place a label on the body or lid of each new Container that has been provided to a Customer that includes language or graphic images, or both, that indicate the primary materials accepted and the primary materials prohibited in that Container . Labels shall clearly indicate items that are Prohibited Container Contaminants for each Container. Contractor shall obtain the City’s written approval of Container specific ations, colors, and labeling before acquisition and labeling occurs.”

3. Section 4.02.d. is hereby added to the Agreement to read as follows:
“d. Source Separation. Contractor shall not commingle, in the vehicles or otherwise, any Refuse, Recyclables, or Organic Waste with each other when collected by Contractor, unless otherwise specifically authorized in writing by the City. Contractor shall not be deemed to have violated this Section where such materials were commingled prior to collection by Contractor.

Contractor shall not be required to collect materials from Recycling, Organic Waste, or Refuse Containers that include Prohibited Container Contaminants. In the event the Organic Waste, Refuse or Recyclables are commingled to the extent that they cann ot easily be separated by the Contractor or the materials are contaminated, the Contractor may leave the material in the Container and may leave a non -collection notice explaining the reason for non -collection of the Container. In the event a Customer com mingles Refuse, Recyclables, or Organic Waste, Contractor may treat such collection as a Refuse collection subject to the applicable Refuse Collection Rates.”

4. Section 4.02.e. is hereby added to the Agreement to read as follows:
“e. Recyclables. When replacing existing residential Containers, Contractor shall provide Blue Containers to Customers for Collection of Source Separated Recyclables and shall provide Source Separated Recyclables Collection service. Contractor shall Transport the Sourc e Separated Recyclables to Facility that recovers the materials designated for Collection in the Blue Containers, in accordance with the SB 1383 Regulations.

5. Section 4.02.f. is hereby added to the Agreement to read as follows:
“f. Organic Waste. When replacing existing residential Containers, Contractor shall provide Green Containers to Customers for Collection of Source Separated Organic Waste and

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shall provide Source Separated Organic Waste Collection service. Contractor shall Transport the Source Separated Organic Waste to a Facility in accordance with SB 1383 Regulations. Contractor has identified its Facility at Perris, CA as satisfying the foregoing requirement.

Source Separated Organic Waste that are to be accepted for Collection in the S ource Separated Organic Waste Collection program include the following: Food Scraps; Food -Soiled Paper; and Yard Trimmings, including the following: green trimmings, grass, weeds, flowers, leaves, prunings, branches, dead plants/trees, brush, tree trimming s, and other types of Source Separated Organic Waste resulting from normal yard and landscaping installation, maintenance, or removal, provided all Source Separated Organic Waste fits inside the Organic Waste Container with the lid closed and does not exceed 50 pounds. Carpets, non-Compostable Paper, textiles, and Prohibited Container Contaminants shall not be knowingly Collected in the Organic Waste Containers.”

6. Section 4.02.g. is hereby added to the Agreement to read as follows:
“g. Refuse. Contractor shall provide Black Containers or Gray Containers to Customers for Collection of Gray Container Waste, and shall provide Refuse Collection service.

Contractor shall Transport the Gray Container Waste to a Facility in accordance with the SB 1383 Regulations. Contractor may allow carpets, Non -compostable Paper and textiles to be placed in the Black Containers or Gray Containers. Prohibited Container Contaminants shall not be knowingly Collected in the Black Containers or Gray Containers.”

7. Section 4.03.a. is hereby amended in its entirety to read as follows:
“a. Services Provided. Contractor shall collect Refuse, Recyclables and Organic Waste from each Commercial Customer in the City at least once every seven (7) days, Monday through Saturday upon the request of the Commercial Customer and at such additional times as Contractor and Commercial Customer may agree. Rates for such Collection shall be set forth in Exhibit A.”

8. Section 4.03.b. is hereby added to the Agreement to read as follows:
“b. Recyclables. Contractor shall provide Blue Containers to Customers for Collection of Source Separated Recyclables and shall provide Source Separated Recyclables Collection service, Contractor shall Transport the Source Separated Recyclables to Facility that reco vers the materials designated for Collection in the Blue Containers, in accordance with the SB 1383 Regulations.”

9. Section 4.03.c. is hereby added to the Agreement to read as follows:
“c. Organic Waste. Contractor shall provide Organic Waste Containers to Customers for Collection of Source Separated Organic Waste and shall provide Source Separated Organic Waste Collection service. Contractor shall Transport the Source Separated Organic Waste to a Facility in accordance with SB 1383 Regulations.

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leaves, prunings, branches, dead plants/trees, brush, tree trimmings, and other types of Source Separated Organic Waste resulting from normal yard and landscaping installation, maintenance, or removal, provided all Source Separated Organic Waste fits inside the Organic Waste Container with the lid closed and does not exceed 50 pounds. Carpets, non-Compostable Paper, textiles, and Prohibited Container Contaminants shall not be knowingly Collected in the Organic Waste Containers.”

10. Section 4.03.d. is hereby added to the Agreement to read as follows:
“d. Refuse. Contractor shall provide Black Containers or Gray Containers to Customers for the Collection of Solid Waste, and shall provide Refuse Collection service.

11. Section 4.04.e. is hereby deleted from the Agreement.

12. Section 4.07. is hereby added to the Agreement to read as follows:
“4.07 Contamination Monitoring.

4.07.1 Actions upon Identification of Prohibited Container Contaminants.

Upon finding Prohibited Container Contaminants in a Container, Contractor shall follow the protocols set forth in this Section.

4.07.1.1 Record Keeping. The driver or other Contractor representative shall record each event of identification of Prohibited Container Contaminants in a written log or in the on-board computer system including date, time, Customer’s address, type of Container (Recyclables, Organic Waste, or Refuse Container).

4.07.1.2. Courtesy Pick-Up Notices. Upon identification of Prohibited Container Contaminants in a Customer’s Container, Contractor shall provide the Customer a courtesy pick-up notice. The courtesy pick -up notification shall: (i) inform the Customer of the observed presence of Prohibited Container Contaminants; (ii) include the date and time the Prohibited Container Contaminants were observed; (iii) include information on the Customer’s requirement to properly separate materials into the appropriate Containers, and the accepted and prohibited materials for Collection in the Recyling Container, Organic Waste Container, and/or Refuse Container; (iv) inform the Customer of the courtesy pick-up of the contaminated materials for that instance with information that following three instances of Prohibited Container Contaminants within a six -month time period, Contractor may assess contamination Processing fees; and, (v) may include photographic evidence. Contractor sh all leave the courtesy pick -up notice attached to or adhered to the Generator’s contaminated Containers; at the Premises’ door or gate; or may deliver the notice by mail, e-mail, text message, or other electronic message.

4.07.1.3. Notice of Assessment of Contamination Processing Fees. If the Contractor observes Prohibited Container Contaminants in a Generator’s Container on more

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than three occasions within a six-month time period, and issued courtesy pick-up notices on each of those occasions, the Contractor may charge customers a contamination Processing fee of Thirty- Five Dollars ($35), or other amount approved by the City. Contractor shall notify the City in its monthly report of Customers for which contamination Processing fees were assessed. Contracto r shall leave a contamination Processing fee notice attached to or adhered to the Generators’ contaminated Containers; at the Premises’ door or gate; or may deliver the notice by mail, e-mail, or other electronic message. The contamination Processing fee n otice shall describe the specific material(s) of issue, explain how to correct future set outs, and indicate that the Customer will be charged a contamination Processing fee on its next bill. The format of the contamination Processing fee notice shall be approved by the City.

4.07.1.4. Disposal of Contaminated Materials. If the Contractor observes Prohibited Container Contaminants in a Generator’s Container(s), Contractor may Dispose of the Container’s contents, provided Contractor complies with the noticing requirements in Section 4.07.1.1 above.”

13. Section 4.08. is hereby added to the Agreement to read as follows:
“4.08 Route Reviews and Waste Evaluations.

Contractor shall meet its SB 1383 Regulations contamination monitoring requirements commencing after program implementation using either Route Reviews or Waste Evaluations; provided however, that if Contractor complies with SB 1383 Regulations using a Performance - based Compliance Approach, it shall monitor containers using waste evaluations, as outli ned herein:

4.08.1 Route Reviews.

4.08.1.1 If Contractor elects to perform Route Reviews, Contractor shall conduct Hauler Route reviews for Prohibited Container Contaminants in Collection Containers in a manner that is deemed safe by the Contractor; is approved by the City; is conducted in a manner that results in all Hauler Routes being reviewed annually, and is consistent and in accordance with SB 1383 Regulations. Containers may be randomly selected along the Hauler Route. This Section should not be construed to require that every container on a Hauler Route must be sampled annually.

4.08.1.2 Upon finding Prohibited Container Contaminants in the Container, Contractor shall follow the contamination monitoring noticing procedures contained herein.

4.08.2 Waste Evaluations.

Alternatively, if Contractor elects to perform Waste Evaluations, Contractor shall, conduct waste evaluations that comply with and meet the requirements of 14 CCR Section 18984.5(c). The City maintains the right to observe, or hire a third party to observe, the waste evaluations.

4.08.2.1 Sampling Method, Study Protocols. Contractor shall conduct waste evaluations for Prohibited Container Contaminants by sampling the contents of Containers on Hauler Routes in the following manner:

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4.08.2.1.1 If using a Standard Compliance Approach,
Contractor shall conduct waste evaluations at least twice per year and in two distinct seasons of the year in a manner that complies with the requirements of 14 CCR section 18984.5(c). If using a Performance-based Compliance Approach, Contractor shall conduct waste evaluations at least twice per year for the Blue and Organic Waste Containers and at least once per quarter for the Black Containers or Gray Containers.

4.08.2.1.2 Contractor’s waste evaluations shall include samples of Source Separated Recyclable Materials, Source Separated Organic Waste, and Black/Gray Container Waste.

4.08.2.1.3 The waste evaluations shall include samples from each Container type served by the Contractor and shall include samples taken from different areas in the City that are representative of the City’s waste stream.

4.08.2.1.4 The waste evaluations shall include at least the minimum number of samples specified in SB 1383 Regulations.

4.08.2.1.5 Contractor shall Transport all of the material Collected for sampling to a sorting area at a permitted solid waste Facility where the presence of Prohibited Container Contaminants for each Container type shall be measured to determine the ratio of Prohibited Container Contaminants p resent in each material stream by weight. To determine the ratio of Prohibited Container Contaminants, Contractor shall use the protocol outlined in SB 1383 Regulations.

4.08.2.2 Contamination Response. If the sampled weight of Prohibited Container Co ntaminants exceeds twenty -five percent (25%) of the measured sample for any material stream, the Contractor shall:

4.08.2.2.1 If using a Performance-based Compliance Approach, notify the City within fifteen (15) working days of the waste evaluation. N ote: City is required to notify CalRecycle within 30 days if using performance-based compliance approach.

4.08.2.2.2 Within fifteen (15) working days of the waste evaluation, notify all Generators on the sampled Hauler Route of their requirement to pr operly separate materials into the appropriate Containers. The Contractor may provide this information by placing a written notice on the Generators’ Containers or the gate or door of the Premises; and/or by mail, email, or electronic message to the Genera tors. The format of the warning notice shall be approved by the City.

4.08.2.2.3 If using a Performance-based Compliance Approach, Contractor shall allow a representative of the City and/or CalRecycle to oversee its next scheduled quarterly sampling of the Black Containers or Gray Containers, upon request.

4.08.2.3 Material Exceptions. Organic Waste that is textiles, carpet, hazardous wood waste, human waste, pet waste, or material subject to a quarantine on movement issued by a County agricultural c ommissioner is not required to be measured as Organic Waste when calculating the amount of Organic Waste present in the Gray Container Waste.

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4.08.3. Recordkeeping Requirements. Contractor shall maintain all applicable records required under SB 1383 Regula tions, and report to the City on a monthly basis on contamination monitoring activities, route reviews and/or waste evaluations, and actions taken.

4.08.4. Nothing in this section shall prohibit Contractor from meeting its compliance requirements by any alternative methods or procedures, provided it complies with SB 1383, the SB 1383 Regulations, and/or any other applicable law, as may be amended from time to time.”

14. Section 4.09. is hereby added to the Agreement to read as follows:
“4.09 Inspection and Enforcement.

Contractor shall assist the City with and/or conduct applicable inspections and enforcement required by SB 1383 Regulations, to the extent delegable.

Contractor shall perform route reviews, compliance reviews, and inspections and reviews in accordance with 14 CCR Section 18995.1.

When compliance reviews are performed by Contractor, Contractor shall provide City - approved educational materials, in response to violations. Contractor shall provide these educational materials to the non -compliant C ustomers within two (2) working days of determination of non-compliance or immediately upon determination of non -compliance if such non-compliance is determined during an inspection or route review. Contractor shall document the non-compliant Customers and the date and type of education materials provided and report such information to the City. The City shall be responsible for subsequent enforcement action against the Customer.

Contractor shall maintain a computer database of all oral and written SB 1383-related non- compliance incidents reported to Contractor from Customers or other persons, and documentation related to route reviews, compliance reviews, inspections, and enforcement.

Contractor shall maintain all applicable records from inspection and en forcement in accordance with SB 1383 Regulations.”

15. Section 4.10. is hereby added to the Agreement to read as follows:
“4.10 Provision for Recovered Organic Waste Product.

Contractor shall use renewable gas compliant collection vehicles with the standa rds in 14 CCR Section 18993.1 to fuel all of the Renewable Natural Gas (RNG) collection vehicles operating in the City under this Agreement. Contractor shall track the procurement of such renewable gas, so City may be allocated the procured amounts toward s its annual recovered organic waste product procurement target. If the amount of renewable gas procured is insufficient to meet City’s annual procurement target, Contractor shall offer to provide the City with compost or mulch generated at the Perris Faci lity and compliant with the standards in 14 CCR Section 18993.1. If this occurs, Contractor will be reimbursed by the City for all compost material and for transportation costs to deliver the compost material. Contractor agrees to coordinate and cooperate

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with the City to meet its Organic Waste recovered organic waste procurement target, as required by SB 1383 Regulations.”

16. Section 4.11. is hereby added to the Agreement to read as follows:
“4.11 Generator Waiver Program Coordination.

4.11.1 General. In accordance with SB 1383 Regulations and Section 8.32.040 of the Colton Municipal Code, the City may grant waivers (de minimis, physical space or Collection frequency) to Generators that impact the scope of Contractor’s provision of service for those Customers. If the City uses a Performance -based Compliance Approach, the City agrees it will only grant waivers if at least ninety percent (90%) of Single-Family Generators and ninety percent (90%) of Commercial Generators (including Multi -Family Generators) p articipate in the three - Container Collection program.

4.11.2 Requests Submitted to Contractor . Generators may submit requests for de minimis waivers, physical space waivers, and Collection frequency waivers to the Contractor.

Contractor shall within 10 day s review the Generator’s waiver application and inspect the Generator’s Premises to verify the accuracy of the application. Contractor shall provide documentation of the inspection, including the Contractor’s recommendation to approve or deny the waiver re quest, and send this information to the City within 15 days of receipt of the Generator’s waiver application for the City’s review and approval. The City ultimately retains the right to approve or deny any application, regardless of the Contractor’s recomm endation.

Contractor shall report information regarding waivers reviewed on a monthly basis.

4.11.3 Contractor Change in Customers’ service levels . When the City grants a waiver to a Generator, the City shall notify the Contractor within five (5) days of t he waiver approval with information on the Customer and any changes to the service level or Collection service requirements for the Customer. Contractor shall have five (5) days to modify the Customer’s service level and billing statement, as needed.

4.11.4 Reverification of Waivers. It shall be the responsibility of Contractor to verify that the Generators with de minimis, physical space constraint, or Collection frequency waivers continue to meet the waiver requirements set forth in this Section. Contractor shall conduct such reverifications of waivers through inspection of each Generator’s Premises and review of applicable records at least once every five (5) years for de minimis and physical space constraint waivers. Contractor shall maintain a record of each waiver verification and provide a monthly report to the City documenting the waiver reverifications performed and recommendations to the City on those waivers that Contractor concludes are no longer warranted. The City shall make a final determination of the waiver eligibility of Generators.

4.11.5 Contractor Recordkeeping of Generators Granted Waivers. Upon Contractor request, no more than two (2) times per year, the City shall provide Contractor an updated listing of waivers approved by the City, including the Generators’ names, mailing address, service address, and type of waiver. Contractor shall maintain waiver -related records and report on waiver verifications, as required herein.”

17. Section 4.12. is hereby added to the Agreement to read as follows:

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“4.12 SB 1383 Complaints. Contractor agrees to maintain a computer database log of all applicable oral and written complaints received by Contractor from Customers or other persons. Contractor shall be responsible for the prompt and courteous attention to, and prompt and reasonable resolution of, all applicable Customer complaints. Contractor agrees to document and maintain for a period of at least twenty-four (24) months on a form or log all Complaints registered by Customers and persons.”

18. Section 4.13. is hereby added to the Agreement to read as follows:
“4.13 SB 1383 Education and Outreach

4.13.1 Contractor, in coordination with the City, shall create all applicable education materials and conduct all education programs and activities as prov ided by and in accordance with the SB 1383 Regulations. Contractor shall cooperate and coordinate with the City on public education activities.

4.13.2 City, in coordination with the Contractor, shall develop a list of Food Recovery Organizations and Food Recovery Services operating within the City, maintain the list on the City-specific website, and update the list annually. The list shall include, at a minimum, the following information about each Food Recovery Organization and each Food Recovery Service:

1. Name and physical address;

2. Contact information;

3. Collection service area; and,

4. An indication of types of Edible Food the Food Recovery Service or Food Recovery Organization can accept for Food Recovery.

4.13.3 At least annually, City, in conjunction with the Contractor, shall provide Commercial Edible Food Generators with the following information:

1. Information about the City’s Edible Food Recovery program;

2. Information about the Commercial Edible Food Generator requirements under 14 CCR, Division 7, Chapter 12, Article 10;

3. Information about Food Recovery Organizations and Food Recovery Services operating within the City, and where a list of those Food Recovery Organizations and Food Recovery Services can be found; and,

4. Information about actions that Commercial Edible Food Generators can take to prevent the creation of Food Waste.

4.13.4 Contractor may provide the information required in Section 4.13.3

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by including it with regularly scheduled notices, education materials, billing inserts, or other information disseminated to Commercial Businesses.

4.13.5 Contractor and City shall comply with all applicable public education and outreach record keeping and reporting requirements as provided by SB 1383 and the SB 1383 Regulations.”

19. Section 4.14. is hereby added to the Agreement to read as follows:
“4.14 SB 1383 Recordkeeping and Reporting . Contractor shall maintain all applicable records and assist the City in meeting all applicable reporting, as required by the S B 1383 Regulations. Contractor shall allow City to audit and inspect such records and reports upon reasonable request.”

20. Section 9.05. is hereby is hereby amended in its entirety to read as follows:
“9.05 Escalation. Contractor's Service Rates in Exhibit A shall he adjusted based upon three components: (1) The Collection Cost Component, (2) the Tipping Fee Component and (3) the Government Fee Component. However, in no event shall any rate increase provided for or permitted in this section be effective until the City has completed any proceedings determined to be required under Applicable Law, expressly including, but not limited to, the requirements of California Constitution Article XIII D. If as a result of such proceedings under Applicable Law the Contractor is not allowed to increase its rates, Contractor is authorized and may elect to terminate this Agreement upon 180 days’ prior written notice to City.

The Collection Cost Component shall include all of Contractor's operating costs, including, but not limited to labor, equipment and insurance costs, except for the Tipping Fee Component and the Government Fee Component. The Collection Cost Component shall reflect Contractor's costs of providing tree trimming and street sweeping services, and the S ervice Rates be adjusted annually to reflect the actual cost of such services as more particularly explained in Section 4.04(h) and (i).

The Tipping Fee Component is based on the estimated average cost per Ton for Disposal and, for Recyclables and Organic Waste, the estimated average cost per Ton of Processing, for all tons of MSW projected to be Collected by Contractor for the rate year beginning July 1, 2023, as adjusted for the average annual change in the Index effective July 1. 2023.

The Government Fee Component shall consist of all "fees" (as defined herein, including all charges, mitigation fees, taxes and assessments) owed by Contractor to the City pursuant to this Agreement, including franchise fees, administrative and impact fees, road impact fees, plus all such fees owed to any other governmental agency.

The Government Fee Component shall be adjusted to reflect any changes in City or other governmental agency fees when they occur.

Beginning July 1, 2023, and annually thereafter throughout the Term of this Agreement, the Tipping Fee Component and the Collection Cost Component shall both be increased to reflect the annual increase, if any, in the Consumer Price Index for all Urban Consumers for the Riverside-

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San Bernardino-Ontario, CA Metropolitan Are a ("the Index") preceding the July 1st adjustment date.

Beginning July 1, 2023, and annually thereafter, in addition to the annual Index adjustment provided for in the preceding paragraph, should the Contractor's anticipated costs for Disposal and Processing be reasonably projected to increase greater than the percentage increase in the Index, Contractor shall receive a further percentage increase in the Tipping Fee Component equal to the difference between the percentage increase in the Index compared with the projected percentage increase in Contractor's projected Disposal and Processing Costs for the upcoming rate year.

Contractor shall provide the City with supporting documentation to support Contractor's notification to the City of an increase in the Ti pping Fee Component greater than the percentage increase in the Index.

Should the City direct Contractor to use a WDA disposal facility, any increased costs associated with the use of such WDA disposal facility shall be considered in determining whether Contractor is eligible for an increase in the Tipping Fee Component described in the preceding paragraph.

Contractor shall notify the City of Contractor's projected increases in the Tipping Fee Component and Collection Cost Component within a reasonable peri od prior to the July 1 adjustment date and following the availability of the December (Annual) Index data, and Contractor shall adjust its rates to Customers effective as of the July 1 adjustment date based on this annual notification to the City. No later than 30 days prior to the date the adjusted rates become effective each year, Collector shall notify Customers of any changes in their rates. The Contractor shall be responsible for the costs of printing and mailing any Proposition 218 hearing notice and the notification required in accordance with Government Code section 53756.

Should Contractor experience increased costs greater than the annual escalation of Contractor's rates resulting from the above provisions, Contractor may apply to the City for an extraordinary rate increase at any time during the Term. Contractor shall provide the City Manager with supporting documentation for this request. The City Council may approve Contractor's application for an extraordinary rate adjustment, in its discretion, if such adjustment is reasonably justified, based on Contractor's application and information.

21. Exhibit A (City of Colton Service Fee Schedule) of the Agreement is hereby replaced in its entirety with the Exhibit A attached to this Frist Amendment.

22. All references to “Green Waste” in the Agreement shall refer to “Organic Waste” unless the context refers specifically to Green Waste.

23. Except as specifically modified by this First Amendment, the Agreement shall remain in full force and effect. All capitalized terms in this Amendment shall have the meaning ascribed them in the Agreement unless otherwise noted in this Amendment.

24. This First Amendment may be executed in one or more counterparts, each of which shall be deemed an original. All counte rparts shall be construed together and shall constitute one agreement.

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IN WITNESS WHEREOF , this FIRST AMENDMENT TO AMENDED AND RESTATED AGREEMENT FOR THE COLLECTION OF MUNICIPAL SOLID WASTE is executed by the City of Colton and by CR&R, Incorporated.

CR&R, INCORPORATED,
a California Corporation
By____________________________
Cliff Ronnenberg, Chairman & CEO

CITY OF COLTON,
a Municipal Corporation of the State of
California

By:_______________________________
Frank J. Navarro, Mayor
ATTEST:

By:_______________________________
Carolina R. Padilla, City Clerk
APPROVED AS TO FORM:

By:_______________________________
Carlos Campos, City Attorney

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EXHIBIT A

MAXIMUM SOLID WASTE RATES
Effective January 1, 2023

Residential
City Billed
Standard Residential per month $ 32.44
Additional Trash Cart per month $ 10.08
Additional Organic Waste Cart per month $ 7.13 Additional Recycling Cart no charge $ -
Contamination Processing Fee per violation $ 35.00

Bulky Item Services - Residential and Multi-Family
Bulky item pu2, 4x year up to 25
items no charge $ -
Bulky pu - white good with freon per item $ 57.67 Bulky pu - water heater >75 gal per item $ 83.08 Additional bulky - 5th pickup up to 2 items $ 57.67 Additional bulky - 3rd + items Per item $ 8.24

Bin Service

1.0 YD Trash Rates
1 x week per month $ 117.33
Extra pickup per bin $ 52.02

1.5 YD Trash Rates
1 x week per month $ 136.54
2 x week per month $ 181.21
Extra pickup per bin $ 61.10

2.0 YD Trash Rates
1 x week per month $ 155.82
2 x week per month $ 219.36
3 x week per month $ 325.11
4 x week per month $ 430.79
Extra pickup per bin $ 72.83

3.0 YD Trash Rates
1 x week per month $ 175.17
2 x week per month $ 277.15
3 x week per month $ 398.42
4 x week per month $ 519.63

2 “pu” refers to pickup.

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5 x week per month $ 641.34
6 x week per month $ 762.06
Extra pickup per bin $ 91.15

Organic Waste (Food Scraps
and/or Green Waste)

2.0 YD Bin – Organic Waste
1 x week per month $ 289.11
2 x week per month $ 514.81
3 x week per month $ 769.76
4 x week per month $ 1,024.72

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Extra pickup per bin $ 232.11
65-gallon cart – Organic Waste
1 x week per month $ 55.86
2 x week per month $ 111.71
3 x week per month $ 167.57
4 x week per month $ 223.43
5 x week per month $ 279.29
Extra pickup per cart $ 55.86

Multi-Family

Temporary Services - 3.0 YD
Mixed waste clean up per bin, 3 days $ 104.40
Relocation per bin $ 69.60
Each Additional Day per day $ 8.20

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2 x week per month $ 13.45
3 x week per month $ 20.14
4 x week per month $ 26.88
5 x week per month $ 33.58
6 x week per month $ 40.34
Extra pickup per bin $ 6.69

Facility Fees
Public Works Disposal Rate, per ton excess of 300 tons per yr $ 63.57

3 YD Comm Bin, 90G Comm Recy, 64G Food waste 5/Week $ 1,071.71 3 YD Comm Bin, 90G Comm Recy, 64G Food waste 6/Week $ 1,020.09

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ITEM NO. 2

STAFF REPORT

DATE: DECEMBER 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CAROLINA PADILLA, CITY CLERK
SUBJECT: APPROVAL OF MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD ON DECEMBER 6, 2022.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approval of Minutes for the City Council Regular Meeting held on December 6, 2022.

BACKGROUND

Minutes for the City Council Regular Meeting held on December 6, 2022.

FISCAL IMPACTS

None

ATTACHMENT

1. 12-06-2022 Draft Minutes
2 Packet Pg. 41
2022 DECEMBER 06 CC/CUA/CPFA/CHA MEETING 1 -

CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

REGULAR MEETING MINUTES

December 6, 2022

Regular Meeting held on the above -given date at 6:0 0 p.m. in the Council Chamber of City Hall, with Mayor Navarro presiding.

INVOCATION: Pastor Peter Tasaka- The Vineyard Church
FLAG SALUTE: American Legion Post 155 Members Louie Barrera and Steve Ferrance

CITY COUNCIL ROLL CALL

Council Members Present Staff Present
Frank J. Navarro, Mayor William R. Smith, City Manager David J. Toro Carlos Campos, City Attorney
Ernest R. Cisneros Carolina R. Padilla, City Clerk Kenneth J. Koperski, Mayor Pro Tem
Dr. Luis S. González
John R. Echevarria
Isaac T. Suchil

Council Members Absent
None

CEREMONIAL MATTERS
Presentations, Awards, Proclamations

 Introduction - A.t.T.i.C Board Members
Deb Farrar, Community Services Director, introduced the A.t.T.i.C. Board Members:

President – Sarah Bautista 15 years old
Vice President – Omar Mularo-Rosas 14 years old
Teen Liaison – Marisa Romero 17 years old
Special Event Coordinator – David Romero Jr. 16 years old Member At Large – David Malijan 13 years old

 Grant Award - Southern California Gas Company
Director Dickenson introduced Southern California Gas Company representative: Kristine Scott, Senior Public Affairs Manager; who awarded to the City of Colton a grant from SoCal Gas Co.; a competitive grant process.

City will be using the $50,000 grant award to develop a climate adaptation and resiliency study. This study will address the six factors that makes the City Vulnerable to climate change

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MAYOR AND COUNCIL ITEMS

POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF DECEMBER 6, 2022.

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

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

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BUSINESS ITEMS

(1) Ordinance - Feeding of Donkeys - Waive Full Reading, Read by Title Only and Pass First Reading of Ordinance No. O -18-22 Adding Chapter 7.20 to Title 7 of the City of Colton Municipal Code Prohibiting the Feeding, Watering, and Harassment of Undomesticated Burros, ORDINANCE NO. O - 18-22.

Staff Presentation
Police Captain Heusterberg presented for Council an overview of the agenda item and requested approval of staff’s recommendation.

Public Comment
None

Council Discussion
Discernment and discussion between Mayor and Councilmembers present, with clarification provide by staff:

Police Captain Heusterberg and Police Chief Dominguez.

Motion and Second by CM Echevarria/CM Suchil to waive full reading, and read by title only and introduce Ordinance No. O-18-22.

Vote: Unanimous

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Public Comment
None

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

CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 2 through 15.

City Manager Smith announced a correction to Item #4 the resolution number to read Resolution No. R -119-22.

The Resolution Document in the Agenda Packet is correct.

Motion and Second by CM González/MPT Koperski to approve consent calendar Item 2 through 15.

Vote: Unanimous.

(2) Minutes - Approval of Minutes for the City Council Regular Meeting held on November 15, 2022.

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(3) Warrants - Approve US Bank voucher dated 10/20/2022 totaling $46,269.70; voucher numbers 202183 to 202264 dated 10/26/2022 and totaling $73,866.87; voucher numbers 202265 to 202390 dated 10/27/2022 and totaling $511,748.78; voucher numbers 202391 to 202464 dated 11/03/2022 and totaling $6,035,094.03; voucher numbers 202465 to 202559 dated 11/10/2022 and totaling $1,640,497.27 and a payroll disbursement listing dated 10/01/2022 to 10/14/2022 and totaling $1,086,238.97.

(4) Agreement - San Bernardino County Transportation Authority - Approve and Adopt Cooperative Agreement No.18 -1001904-03 (Amendment No. 2) with the San Bernardino County Transportation Authority for the I-10/ Mt. Vernon Avenue Interchange Project, RESOLUTION NO. R-119-22.

(5) Contract Amendment - Willdan Engineering - Approve and Adopt Resolution R -120-22 for Contract Amendment with Willdan Engineering for Building and Safety Support Services and Corresponding Budget Amendment, RESOLUTION NO. R-120-22.

(6) Contract Amendment - ERSC - Approve Amendment to Professional Services Agreement (PSA) for Engineering Services with Engineering Resources of Southern California (ERSC) for Fiscal Year 22/23.

(7) Contract Amendment -Tule Ranch - Approve the First Amendment to the Contract with Tule Ranch in Order to Provide Hauling and Disposal Services for Class B Bio -Solids at the Wastewater Treatment Plant.

(8) Contract Award - Marina Landscape Inc. - Approve Contract Award to Marina Landscape, Inc. for the Cooley Drive Landscape Project.

(9) Contract Award - Allan Slurry Seal Inc. - Approve Contract Award to Roy Allan Slurry Seal Inc. for the FY 22/23 Slurry Seal Project.

(10) Grant Award - Southern Ca lifornia Gas Company - Approve and Adopt a Resolution Accepting a Climate Resiliency Grant Award from the Southern California Gas Company Community Investment Fund and the California Community Foundation, RESOLUTION NO. R-121-22.

(11) Lease Agreement Exte nsion - Alliance Energy - Approve and Adopt Resolution and Approve the Extension of Land Lease Agreements at the Drews and Century Substations, RESOLUTION NO. R - 122-22.

(12) Master Salary Table Amendment – Mandated Minimum Wage Increase - Approve Update to Part Time Staff Salary Table – Mandated Minimum Wage Increase to $15.50 Effective January 1, 2023.

(13) Sale of Excess Resource Adequacy - Receive and File Report on the Recent Sale of Excess Resource Adequacy.

(14) Funding Application - CA Dept . of Ed ucation - Approve and Adopt a Resolution Adopting the CA Department of Education FY 23 -24 Continued Funding Application for the Early Care and Education Division, RESOLUTION NO. R-126-22.

(15) Second Reading of Ordinance No. O -14-22 - Waive Full Reading, Read by Title Only and Approve Second Reading of an Ordinance of the City Council of the City Of Colton Adopting by Reference the 2022 California Building Code, Incorporating the "International Building Code, Volumes 1 and 2, 2021 Edition Including Appendi ces Thereto; the 2022 California Fire Code, Incorporating the “International Fire Code” 2021 Edition Including Appendices there to; the 2022 California Residential Code, Incorporating the “International Residential Code” 2021 Edition Including Appendices t hereto; the 2022

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Attachment: 12-06-2022 Draft Minutes (3835 : Draft Minutes 12-6-2022) 2022 DECEMBER 06 CC/CUA/CPFA/CHA MEETING 4 -
California Mechanical Code, Incorporating the "Uniform Mechanical Code", 2021 Edition; Including Appendices thereto; the 2022 California Plumbing Code, Incorporating the "Uniform Plumbing Code", 2021 Edition, Including Appendices thereto; the 2022 California Electrical Code, Incorporating the "National Electrical Code", 2020 Edition, Including Annexes Thereto; 2022 California Green Building Standards Code Including Appendices thereto; 2022 California Energy Efficiency Standards Including Appendices thereto; Adopting By Reference the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition; and the International Property Maintenance Code, 2021Edition; with Appendices And Amendments thereto. Together with Certain Amendments, Deletio ns, Additions, and Exceptions, ORDINANCE NO. O-14-22.

MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor, Council and City Treasurer on various issues and activities throughout the community.

CITY MANAGER'S REPORTS
City Manager Smith announce with no objection a calendar update:

12-12-2022 Special Meeting at 5:00 P.M.
12-20-2022 Regular Council Meeting
01-03-2023 Regular Council Meeting will go DARK

ADJOURNMENT
At 6:33 p.m. Mayor Navarro adjourned the Regular Council Meeting in Memorium of Reuben Acevedo & Lucy Salazar;

_________________________________
Carolina R. Padilla
City Clerk

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ITEM NO. 3

STAFF REPORT

DATE: DECEMBER 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE VOUCHER NUMBERS 202560 TO 202678 DATED 11/17/2022 AND TOTALING $429,940.27; VOUCHER NUMBERS
202679 TO 202771 DATED 11/23/2022 AND TOTALING
$2,542,934.57; VOUCHER NUMBERS 202772 TO 202854 DATED
11/29/2022 AND TOTALING $74,293.43.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve voucher numbers 202560 to 202678 dated 11/17/2022 and totaling $429,940.27; voucher numbers 202679 to 202771 dated 11/23/2022 and totaling $2,542,934.57; voucher numbers 202772 to 202854 dated 11/29/2022 and totaling $74,293.43.

BACKGROUND

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

ISSUES/ANALYSIS

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

FISCAL IMPACTS

None.

ALTERNATIVES

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Staff Report to the Mayor and City Council
Warrants - Accounts Payable
December 20, 2022

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1. Provide alternative direction to staff.

ATTACHMENT

1. Fund Number and Title Legend

2. Voucher lists 12.20.22
3 Packet Pg. 47
City of Colton
Fund Number and Title Legend
Fund Title Fund Title
100 GENERAL FUND 701 LLMD #2
150 TREASURERS ACCOUNT GROUP 702 LLMD #1
206 COMMUN ITY CHILD CARE 703 CFO 87-1 DEBT SERV ICE
209 DSF FLY CONSERVATION 704 CFO 87-1 CONSTRUCT ION
210 SPECIAL GAS TAX 707 CFO 88-1 DEBT SERV ICE
211 LIBRARY GRANT FUND 708 CFO 88-1 CONSTRUCTION
212 STATE TRAFFIC RELIEF FUND 709 DSF FLY CONSERVATION
213 S.Y.E.T .P. GRANT 722 STORM WATER
214 POLLUT ION REDUCT ION FUND 733 CFO 89-1 CONSTRUCT ION 215 COMMUNITY DEV ACT FUND 734 CFO 89-2 CONSTRUCT ION
216 CDBG HOUS ING REHAB FUND 744 CFO 89-1 DEBT SERV ICE 217 DRUG/GANG INTERVENTION 745 CFO 89-2 DEBT SERV ICE
218 MEASURE I FUND 750 AQUA MANSA CFO
219 STATE AID- CAPITAL PROJECTS 754 SB COUNTY HOSPITAL
220 Vi Tep 762 TRUST AND AGENCY
225 MISC GRANTS 766 DEFERRED COMPENSAT ION
240 HOST CITY FEES - CIP 781 CFO 90-1 DEBT SERVICE
247 Quimby In Lieu Fees 782 CFO 90-1 CONSTRUCT ION
248 PARK DEVELOPMENT FUND 850 Redeve lopment Obligation Retirement Fund 249 TRAFF IC IMPACT FUND 851 Successor Agency Administration 250 NEW FAC ILITIES DEVELOPMENT FEE 855 Hous ing Auth - RM PARK DEVELOPMENT 251 CIVIC CENTER DEVELOPMENT FEE 856 Housing Auth - RANCHO MED BOND PROCEEDS 252 FIRE FAC ILITY DEVELOPMENT FEE 857 LMI Asset Fund
253 POLICE FACILITY DEVELOPMENT FEE 864 Housing Auth - LOW/MOD BOND PROCEEDS 261 ASSET FORFEITURE 865 Housing Auth - RANCHO MED CHFA 326 AD 94-1 DEBT SERVICE 866 ECONOM IC DEVELOPMENT
332 1971 SEWER BONDS, A & C 867 Consolidation Proj_08 -09 350 PFA Debt Fund 870 Housing Auth - RM PARK OPERAT IONS 357 POB-Non Enterprise 871 Successor Agcy-RANCHO/M ILL PROJECT AREA 358 PENS ION OBLIGATION DEBT SERV ICE 872 Succe ssor Agcy-RANCHO/MILL DEBT SERV ICE 359 CORP YARD DEBT SERV ICE 873 Successor Agcy-RDA II PROJECT FUND 363 1978-2 ASSESSMENT DIST . 874 Housing Auth - LOW/MOD DEBT SERV ICE 364 WATER IMPRVMNT DIST A 875 Housing Auth - LOW/MOD BOND PROCEEDS 379 AD 1979-1 DEBT SERV ICE 876 Successor Agcy-SANTA ANA RIV BND PROCEED 427 AD 94-1 CONSTRUCT ION 877 Successor Agcy-SANTA ANA RIVER CIP 450 Capita l Improvement Project s 878 RDA FIXED ASSETS GROUP 451 Colton Crossing Fund 879 Successor Agcy-WEST VALLEY CIP 453 STREET IMPROVEMENTS PRGM 881 Successor Agcy-MT VERNON BOND PROCEEDS 457 CAP ITAL IMPROVEMENT 882 Successo r Agcy-MT VERNON CIP 469 EQU IPMENT REPLACEMENT 885 Successor Agcy -MT VERNON DEBT SERV ICE 520 ELECTR IC UTILITY 886 RDA ADM INISTRAT ION
521 WATER UTILITY 887 COOLEY RANCH - now 894
522 WAS TEWATER UTILITY 888 MT VERNON - now 882
523 SOLID WASTE 889 WEST VALLEY - now 879
524 CEMETERY 890 Successor Agcy-RDA - LONG TERM DEBT GRP 525 RECYCLING 891 Successo r Agcy-RDA I DEBT SERV ICE FUND 526 PUBLIC BENEFIT FUND 892 Successor Agcy-RDA I - CAP ITAL PROJECTS 527 WASTEWATER UTILITY - GRAND TERRACE 893 Successor Agcy -RDA II DEBT SERV ICE FUND 551 WATER DEVELOPMENT 894 Successor Agcy -COOLEY RANCH PRO JECT 552 SEWER DEVELOPMENT 895 Successor Agcy-COOLEY RANCH DEBT SERV 560 CEMETARY ENDOWMENT CARE 896 SANTA ANA RIVER - now 877 605 Facility & Equipment Maintenance Fund 897 Successor Agcy-SANTA ANA RIVER DEBT SVC 606 INFORMATION SERV ICES FUND 898 Housing Auth - LOW/MOD CAPITAL PROJECTS 607 INSURANCE FUND 899 Successor Agcy-WEST VALLEY PRJ - DBT SV 608 AUTOMOT IVE SHOP 941 GENERAL LONG -TERM DEBT
610 AUTOMOT IVE SHOPS 958 GENERAL FIXED ASSETS
990 GASB 34

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ITEM NO. 4

STAFF REPORT

DATE: DECEMBER 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: AURELIO DE LA TORRE, CITY TREASURER
SUBJECT: RECEIVE AND FILE CITY TREASURER'S REPORT FOR
SEPTEMBER 2022.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Receive and File City Treasurer’s Report for September 2022.

ATTACHMENT

1. Treasurer's Report September 2022
4 Packet Pg. 98

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ITEM NO. 5

STAFF REPORT

DATE: DECEMBER 20, 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 CHANGE ORDER NO. 2 TO THE CONTRACT WITH WEKA, INC. FOR THE WASHINGTON BRIDGE WATER LINE
RELOCATION PROJECT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve Change Order No. 2 for the Washington Bridge Water Line Relocation Project in the amount of $291,676.22.

BACKGROUND

District 8 of the California Department of Transportation (Caltrans), the San Bernardino County Transportation Authority (SBCTA) and the City of Colton, are the lead agencies for the I - 215/Washington Street – Mount Vernon Avenue Interchange Project. This project will result in a new I -215/Washington interchange bridge to meet State standards for horizontal and vertical clearance as well as accommodate forecasted traffic volumes.

The City of Colton owns and maintains the wat er facilities within th e limits of the Project that were in conflict with the proposed bridge construction. I n August 18, 2020, the City Council awarded a contract to Weka Inc. for relocation of the waterline along Washington Bridge in the amount of $1,390,070.

ISSUES/ANALYSIS

On November 4, 2020, a Notice to Proceed was issued to Weka, Inc. for the Washington Bridge Water Line Reloca tion Project. The waterline relocation involves multiple phases to 5 Packet Pg. 109
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Change Order - Weka Inc.

December 20, 2022

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accommodate the construction and schedule sequence of th e bridge. On December 25, 2020, Phase 1 of the work was completed and Weka was required to de -mobilize after completion of 30% of the work.

On November 4, 2022, Weka, Inc. was required to come back for the Phase 2 of the work, which includes installation of the 18-inch water line at the north side of the bridge crossing the freeway.

This task required partial and full closures of I-215 for a period of five (5) consecutive days. The closure involved extensive traffic control set-up including installation of 26 Changeable Message Signs (CMS) throughout I -60 and I-15 Freeways, closure of I -10 Freeway connectors and crews on each direction. This traffic control service resulted in additional cost of $86,386.20.

During the course of the work, various pot holin g and re -alignment of t he water main was necessary to avoid conflicting utilities. In addition, after two (2) years there was an increased cost of the material for the steel, concrete, labor, and CIPP lining due to the current market prices due to inflation and increased fuel prices resulting an additional cost of $205,290.02. Because of these unforeseen events, the total Change Order 2 resulted in the total amount of $291,676.22.

The total contract amount for the project including the Change Order No. 2 is $1,681,746.22.

FISCAL IMPACTS

Sufficient appropriations for Change Order #2 for the construction of the Washington Bridge Water Line Relocation Project are available in Water Fund Main Line Replacement Capital Improvement Account #521-8100-8106-3890-0000-000.

ALTERNATIVES

1. The City Council may provide alternative direction to staff. 5 Packet Pg. 110

ITEM NO. 6

STAFF REPORT

DATE: DECEMBER 20, 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 SECOND AMENDMENT TO THE CONTRACT WITH

ANDRESEN ARCHITECTURE FOR THE WASTEWATER
RECLAMATION FACILITY BUILDING PROJECT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the Second Amendment of t he Professional Services Agreement with Andresen Architecture for the Architectural Design & Engineering of WRF Admin Building Project .

Approval will allow for a compensation increase of $20,000 and the contract amount not to exceed $69,500, and to authorize the City Manager to execute the agreement.

BACKGROUND

The City of Colton owns and operates a secondary wastewater treatment plant located at 1201 S.

Rancho Avenue. The original facilities for the wastewater treatment plant and control building were built in 1949. During the expansion made in 1998, a portable container office was installed as a temporary site office for use during construction. To this date, Colton’s Wastewater Reclamation Facility (WRF) has used the same portable building structure as the main WRF facility office.

On September 18, 2017, City Council awarded the architectural and engineering design for the construction of the WRF Administration building. The scope of the project included construction of 7,000 square feet building that will include the offices space for WRF administration, the collection and treatment crew, and control room. Plans were completed on September 30, 2019.

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Contract Amendment - Andresen Architecture
December 20, 2022

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ISSUES/ANALYSIS

On June 2021, the City of Colton decided to reduce the size of the building to 5,840 square feet to minimize the construction cost. In addition, updated plans were necessary to reflect the new California Building Codes (CBC) requirements. On September 12, 2022, a contract was awarded to Andresen Architecture in the amount of $22,000.

During the plan check process, comments were received from various departments including the revision of the entire grading plan to reflect the new layout of the building. On January 31, 2022, First Amendment in the amount of $27,500 to the contract was issued , to increase the amount to $49,500 for the additional scope.

The revised plans with the reduced building size, were completed and submitted to the Building Department on September 30, 2022 for review. In October 2022, Andresen Architecture received the plan check comments from Building Department , on the revised plans . In order to complete the final approva l of the plans and acquire the b uilding permit, it is necessary to provide the corrections and revisions as required on the plan check comments. The project will also require technical support and assistance during bidding. City staff determined that it be will the best interest of the City to award the additional amount to Andresen Architecture as provisioned in Municipal Code Section 3.08.070 (F). The additional $20,000 will allow Andresen Architecture to continue and complete the plans , for continuity purposes, since they were the firm that started the design. Staff recommend s increasing the contract amount by $20,000 in the total contract amount of $69,500.00, which is approximately 3.0% o f the construction cost.

FISCAL IMPACTS

Sufficient appropriations for the additional contract amount to complete the architectural design and engineering services for the WRF Administration and Control Building Project are available in the adopted FY2022 -23 budget in Wastewater Fund Water Treatment Plant Capital Improvement Account #522-8200-8204-3890-0000-000.

ALTERNATIVES

Provide alternative direction.
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ITEM NO. 7

STAFF REPORT

DATE: DECEMBER 20, 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 AWARD OF CONTRACT TO BORDEN EXCAVATING FOR THE EAST F STREET TRANSMISSION PIPELINE PROJECT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Authorize the award of construction contract for the East F Street 16 -inch Transmission Pipeline Project to Borden Excavating, Inc. for $827,444.00 as the lowest responsive and responsible bidder.

2. Authorize the City Manager to execute the contract agreement with Borden Excavating, Inc.

BACKGROUND

The construction of a new 16 -inch water transmission mainline is proposed, pursuant to the City of Colton recent Water Master Plan (2016) to meet a portion of the City’s anticipated water requirements over the next ten to twenty years. The City of Colton Water Master Plan includes the construction of new transmission l ine along East “F” S treet from La Cadena Drive to Mt.

Vernon Avenue in order to effectively meet the recommended water production capacity and supply of the City. The proposed project shall alleviate operations on transporting the water from the wells to the reservoirs while increasing the efficiency during its operations and peak demand.

In addition, the construction of a 16 -inch water transmission mainline project is an essential component for the City’s future developments and reliable supply to the resi dents. Plans and specifications for the East “ F” Street 16-inch Transmission Pipeline Project were completed on October 17, 2022.

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Contract Award - Borden Excavating
December 20, 2022

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ISSUES/ANALYSIS

In accordance with Colton Municipal Code (CMC) Section 3.08.090, a Notice Inviting Formal Bids was sent to Press Enterprise Newspaper for publication on October 07, 2022 and October 14, 2022. On November 3, 2022, the City received proposal from seven (7) contractors. The bids are as follows:

Contractor Bid Amount
Borden Excavating INC $ 827,444.00
Kirtley Construction, Inc. dba TK Construction $ 840,750.00 MCC Equipment Rentals, Inc. $ 867,530.99
AID Builders, Inc $ 967,000.00
El-Co Contractors, Inc. $ 997,500.00
E.J. Meyer Company $ 1,041,111.00
Dominguez General Engineering. Inc. $ 1,121,500.00

The scope shall include the installation of approximately 3,000 LF of new 16 -inch water ductile iron transmission mainline and pavement trench restoration. A check of the contractor's references indicates satisfactory completion of simi lar projects for other public agencies. Staff evaluated and reviewed each submitted bid. Staff recommends the award of construction contract to Borden Excavating Inc. as the lowest responsive and responsible bidder for $827,444.00 for the East “F” Street 16-inch Transmission Pipeline Project.

FISCAL IMPACTS

Sufficient appropriations for the contract are available in the FY2022 -23 adopted budget in Water Fund Capital Improvement Mainline Replacement Capital Improvement Account #521- 8100-8106-3890-0000-000.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Contract
7 Packet Pg. 114

CONTRACT
28 CONTRACT
THIS CONTRACT is made this 20th day of December, 2022, in the County of San Bernardino, State of California, by and between the City of Colton, hereinafter called City, and All American Asphalt, hereinafter called Contr actor. The City and th e Contractor for the considerations stated herein agree as follows:

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

EAST F STREET 16” TRANSMISSION PIPELINE PROJECT
The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION . The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by th e Contract Documents within ONE HUNDRED TWENTY (120) working days from the commencement date stated in the Notice to Proceed. By its sign ature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONT RACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as pr ovided in the Contract Documents, and including all applicable taxes and costs, the sum of Eight Hundred Twenty Seven Thousand Four Hundred Forty Four and Zero Cents ($ 827,444.00).

Payment shall be made as set forth in the General Conditions.

ARTICLE 4. LIQUIDATED DAMAGES . In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $500.00 for each and every calendar day of delay beyond the time prescribed in the Contrac t Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclu de recovery of other damages specified in the Contract Documents.

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

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

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

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

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

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

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

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

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CONTRACT
30 CITY OF
COLTON
By:
______________________________
Signature
______________________________
Name
______________________________
Title
Attest:
______________________________
City Clerk
Recommended By:
______________________________
Signature
______________________________
Name
______________________________
Title
BORDEN EXCAVATING INC.

By:
______________________________
Signature
______________________________
Name
______________________________
Title
______________________________
License Number

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ITEM NO. 8

STAFF REPORT

DATE: DECEMBER 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: APPROVE CONTRACT WITH CASC ENGINEERING TO PROVIDE ON-CALL ENVIRONMENTAL CONSULTING SERVICES.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

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

BACKGROUND

On April 19, 2022, the City Council approved a list of pre -qualified environmental consultants (Resolution No. R -28-22). The list, valid for two years, streamlines the environmental consultant selection and contracting process to some extent for privately-initiated development projects. However, the per -project contracting process remains cumbersome and it can require several months until the consultants receive authorization to proceed. Therefore, staff ha ve examined other jurisdictions and consulted with the City Attorney to develop a more streamlined environmental review process to better serve our community . On-call contracts appear to be the most productive for projects that are privately-initiated (i.e., full cost recovery).

ISSUES/ANALYSIS

Staff is recommending an on-call contract with CASC Engineering, an engineering, planning and environmental firm located in Colton. The on -call contract will allow staff to request a scope of work, budget and sch edule to perform environmental review on applications soon after they are received, rather than pursuing an individual contract for each application. Upon a notice to proceed from staff, the consultant will proceed with work in accordance with the scope o f work 8 Packet Pg. 164
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approved by staff. It is expected that the on -call contract will help improve the Planning application processing timeframes, as well as consultant responsiveness.

FISCAL IMPACTS

Sufficient appropriations are available FY 2022 -23 Development Serv ices Planning Division Professional Services Expenditure Account No. 100-6300-6301-2357-0000-000 for the $200,000 contract. All expenditures under this contract are fully reimbursable, based on applicant deposit prior to authorization for the consultant to proceed.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. PSA_CASC On Call_2022
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(BB&K 2018)
23152.06000\30453088.2 Exhibit “C”-1

CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 20th day of December, 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 CASC Engineering and Consulting, with its principal place of business at 1470 E. Cooley Drive ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain on-call 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 Environmental Document Preparation 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 environmental on-call environmental consulting services for privately-initiated, reimbursable projects (“Projects”), 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 environmental consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this 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 December 20, 2022 to December 20, 2023, unless earlier terminated as provided herein. The City shall have t he option, to renew this Agreement, upon mutual consent, for up to two additional one -year periods (maximum term of 3 years total). Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Consultant.

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

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Attachment: PSA_CASC On Call_2022 (3857 : Contract Award - CASC Engineering) 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 control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

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

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

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

3.2.5 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 wh ich enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.6 Consultant's Representative. Consultant hereby designates Frank Coyle, Director of Planning , or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this 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 for the satisfactory coordination of all portions of the Services under this Agreement.

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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.

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, Consul tant 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 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 f or all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10.1 Employment Eligibility; Consultant . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control 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 Uni ted States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department

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

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

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3.2.11 Insurance.

3.2.11.1 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. T he 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 requ ired occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.

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

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

Defense costs shall be paid in addition to the limits.

3.2.11.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and completed operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officia ls, 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 p rimary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self -insurance shall be called upon to protect it as a named insured.

Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(A). (B) Automobile Liability . The automobile liability policy shall include or be endor sed (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 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, official s, 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,

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3.2.11.5 Separation of Insureds; No Special Limitations; W aiver 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, o fficials, 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 a llow 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 . Consu ltant shall not allow any subconsultants to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If 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 insura nce policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

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.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached

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Attachment: PSA_CASC On Call_2022 (3857 : Contract Award - CASC Engineering) hereto and incorporated herein by reference. The total compensation shall not exceed two-hundred thousand dollars ($200,000) for the initial one-year term, without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation . Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services per authorized project rendered by Consultant. The invoice shall describe the amount of Services provided per project 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 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.”

3.4 Labor Code Requirements.

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

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Attachment: PSA_CASC On Call_2022 (3857 : Contract Award - CASC Engineering) 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 ag ainst 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.

3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against l iability 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 withou t cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

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

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

3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties

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Attachment: PSA_CASC On Call_2022 (3857 : Contract Award - CASC Engineering) may provide in writing for this purpose:

Consultant: CASC Engineering and Consulting
1470 Cooley Drive
Colton, CA 92324
Attn: Frank Coyle, Director of Planning
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.

3.6.3 Ownership of Materials and Confidentiality.

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

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.

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Attachment: PSA_CASC On Call_2022 (3857 : Contract Award - CASC Engineering) 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 or liable for a ny revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

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

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultan t. 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.

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

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

3.6.5 Indemnification.

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Attachment: PSA_CASC On Call_2022 (3857 : Contract Award - CASC Engineering)

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

3.6.5.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and on ly 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 o f the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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

3.6.7 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City.

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

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

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

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

3.6.11 Assignment or Transfer . Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any att empt 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 agent s have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed

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Attachment: PSA_CASC On Call_2022 (3857 : Contract Award - CASC Engineering) simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance s hall 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 file, a Statement of Economic Interest with the City’s Filing O fficer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City , during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

3.6.20 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, w ithout 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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Attachment: PSA_CASC On Call_2022 (3857 : Contract Award - CASC Engineering)

SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF COLTON AND CASC

ENGINEERING AND CONSULTING

CITY OF COLTON CASC ENGINEERING AND CONSULTING

By: ____________________________ By:

Wiliam R. Smith Michelle E. Furlong
City Manager Operations Manager
Secretary/Treasurer

Attest:

____
Carolina R. Padilla
City Clerk

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Attachment: PSA_CASC On Call_2022 (3857 : Contract Award - CASC Engineering) EXHIBIT "A"

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

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Attachment: PSA_CASC On Call_2022 (3857 : Contract Award - CASC Engineering) (BB&K 2018)
23152.06000\30453088.2 Exhibit “C”-1

EXHIBIT "B"

SCHEDULE OF SERVICES

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

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

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

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Attachment: PSA_CASC On Call_2022 (3857 : Contract Award - CASC Engineering) 1 1

EXHIBIT "C"

COMPENSATION

PERSONNEL NAME & TITLE COMPANY HOURLY RATE
RICK SIDOR, PRINCIPAL-IN-CHARGE CASC $256
FRANK COYLE, DIRECTOR OF PLANNING CASC $220
ANTHONY DELUCA, SR. PROJECT MANAGER CASC $182
KIM BOYDSTUN, SR. BIOLOGIST/SR. PROJECT MANAGER CASC $175 BARB SHERMAN, SR. PROJECT MANAGER (ENGINEERING) CASC $195 MIKE GENTILE, PROJECT MANAGER (WATER QUALITY) CASC $170 ANTHONY MISTRETTA, PROJECT MANAGER (HYDROLOGY) CASC $180 JESSIE BRUCKHART, SENIOR PLANNER CASC $140
SABRINA SNOWBALL, ASSOCIATE PLANNER II CASC $116
LAUREN THOMPSON, ASSOCIATE PLANNER I CASC $106
BEN HAMADA, GIS SPECIALIST II CASC $116
PROJECT COORDINATOR CASC $95
JASON ACKERMAN, CEQA ATTORNEY ACKERMAN LAW $395
MIKE HOGAN, PROJECT MANAGER CRM TECH $185
BAI “TOM” TANG, PRINCIPAL INVESTIGATOR CRM TECH $135
DANIEL BALLESTER, FIELD DIRECTOR CRM TECH $140
BILL LAWSON, NOISE SPECIALIST URBAN $205-275
HASEEB QURESHI, AQ/GHG SPECIALIST URBAN $150-220
CHARLENE SO, TRAFFIC/TRANSPORTATION SPECIALIST URBAN $150-220 JASON HERTZBERG, PROJECT MANAGER LEIGHTON $190
STEVEN OKUBO, PROJECT GEOLOGIST LEIGHTON $170

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Attachment: PSA_CASC On Call_2022 (3857 : Contract Award - CASC Engineering) 1 1

EXHIBIT “D”

CONTRACT MODIFICATIONS

Section 3.6.5 Indemnification is hereby modified as follows:

3.6.5.1 To the fullest extent permitted by law, Consultant shall defend (with City approval of Consultant’s with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs an d 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.

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Attachment: PSA_CASC On Call_2022 (3857 : Contract Award - CASC Engineering)

ITEM NO. 9

STAFF REPORT

DATE: DECEMBER 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: APPROVE CONTRACT WITH KIMLEY-HORN & ASSOCIATES TO PROVIDE ON-CALL ENVIRONMENTAL CONSULTING SERVICES.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

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

BACKGROUND

On April 19, 2022, the City Council approved a list of pre -qualified environmental consultants (Resolution No. R -28-22). The list, valid for two years, streamlines the environmental consultant selection and contracting process to some extent for privately -initiated development projects. However, the per -project contracting process remains cumbersome and it can require several months until the consultants receive authorization to proceed. The refore, staff have examined other jurisdictions and consulted with the City Attorney to develop a more streamlined environmental review process to better serve the needs of our community . On -call contracts appear to be the most productive for projects that are privately-initiated (i.e., full cost recovery).

ISSUES/ANALYSIS

Staff is recommending an on -call contract with Kimley -Horn & Associates, an engineering, planning and environmental firm with offices in the City of Riverside. The on -call contract will allow staff to request a scope of work, budget and schedule to perform environmental review of applications soon after they are received, rather than pursuing an individual contract for each application. Upon a notice to proceed from staff, the consult ant will proceed with work in 9 Packet Pg. 184
Staff Report to the Mayor and City Council
Contract Award - Kimley-Horn
December 20, 2022

Page 2 ends

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

FISCAL IMPACTS

Sufficient appropriations are available FY 2022 -23 Development Services Planning Division Professional Services Expenditure Account No. 100-6300-6301-2357-0000-000 for the $200,000 contract. All expenditures under this contract are fully reimbursable, based on appl icant deposit prior to authorization for the consultant to proceed.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. PSA_Kimley-Horn_On Call_2022
9 Packet Pg. 185
(BB&K 2018)
23152.06000\30453088.2 Exhibit “C”-1

CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 6th day of December, 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 Kimley-Horn and Associates, Inc., with its principal place of business at 3880 Lemon Street, Suite 420, Riverside, CA 92501 (“Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

2.2 Project.

3. TERMS.

3.1 Scope of Services and Term.

3.1.2 Term. The term of this Agreement shall be from December 20, 2022 to December 20, 2023, unless earlier terminated as provided herein. The City shall have the option, with mutual consent, to renew this Agreement for two additional one -year periods (maximum term of three years total) .

Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Consultant.

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Attachment: PSA_Kimley-Horn_On Call_2022 (3858 : Contract Award - Kimley-Horn) 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 control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

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

3.2.6 Consultant's Representative . Consultant hereby designates Kari Cano, Project Manager, or 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 for the satisfactory coordination of all portions of the Services under this Agreement.

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Attachment: PSA_Kimley-Horn_On Call_2022 (3858 : Contract Award - Kimley-Horn)

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 approva ls 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 th e 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.

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

3.2.10.1 Employment Eligibility; Consultant . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control 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

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Attachment: PSA_Kimley-Horn_On Call_2022 (3858 : Contract Award - Kimley-Horn) 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 re lated to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections.

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.

3.2.10.5 Air Quality. To the extent applicable, Consultant m ust 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 a nd CARB to include any item of equipment with a fuel -powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its sub-consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

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

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Attachment: PSA_Kimley-Horn_On Call_2022 (3858 : Contract Award - Kimley-Horn) accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.11 Insurance.

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

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

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3.2.11.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and completed operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underly ing coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self -insurance shall be called upon to protect it as a named insured.

Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(A). (B) Automobile Liability . The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured s 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 scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B). (C) Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each 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

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Attachment: PSA_Kimley-Horn_On Call_2022 (3858 : Contract Award - Kimley-Horn) 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.

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

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

3.3 Fees and Payments.

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Attachment: PSA_Kimley-Horn_On Call_2022 (3858 : Contract Award - Kimley-Horn) thousand dollars ($200,000) for the initial one-year term without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services per authorized project rendered by Consultant. The invoice shall describe the amount of Services provided per project 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.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section

3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”

3.4 Labor Code Requirements.

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Attachment: PSA_Kimley-Horn_On Call_2022 (3858 : Contract Award - Kimley-Horn) 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 ag ainst 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.

3.5 Accounting Records.

3.6 General Provisions.

3.6.1 Termination of Agreement.

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:

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Attachment: PSA_Kimley-Horn_On Call_2022 (3858 : Contract Award - Kimley-Horn) Consultant: Kimley-Horn and Associates, Inc.
3880 Lemon Street, Suite 420
Riverside, CA 92501
ATTN: Kari Kano, Project Manager
City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: 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.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall 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. T he 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 provi de all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period , Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual li cense 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.

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Attachment: PSA_Kimley-Horn_On Call_2022 (3858 : Contract Award - Kimley-Horn) Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for a ny revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.6.5 Indemnification.

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Attachment: PSA_Kimley-Horn_On Call_2022 (3858 : Contract Award - Kimley-Horn) damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

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

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

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

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

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Attachment: PSA_Kimley-Horn_On Call_2022 (3858 : Contract Award - Kimley-Horn) 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.

3.6.15 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 un enforceable 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 Consultan t, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing 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 direc t 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 Agreemen t. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

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

3.6.20 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 provisio n 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 KIMLEY-HORN

CITY OF COLTON KIMLEY-HORN AND ASSOCIATES, INC.

By: ____________________________ By:

Wiliam R. Smith Name:

City Manager Title:

Attest:

____
Carolina R. Padilla
City Clerk

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Attachment: PSA_Kimley-Horn_On Call_2022 (3858 : Contract Award - Kimley-Horn) EXHIBIT "A"

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

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Attachment: PSA_Kimley-Horn_On Call_2022 (3858 : Contract Award - Kimley-Horn) (BB&K 2018)
23152.06000\30453088.2 Exhibit “C”-1

EXHIBIT "B"

SCHEDULE OF SERVICES

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

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EXHIBIT "C"

COMPENSATION

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EXHIBIT “D”

CONTRACT MODIFICATIONS

Section 3.3.11.3 Professional Liability is hereby modified as follows:

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

Section 3.6.5 Indemnification is hereby modified as follows:

3.6.20.1 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 to the extent arising out of, pertaining to, or incident to any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witne ss 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.

Section 3.6.21 Time of Essence is hereby modified as follows:

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

Consultant shall not have liability for any delays, expenses, losses, damages or be deemed in breach for liabilities which are caused by any factor outside of its reasonable control, including but not limited to natural disasters, epidemics, pandemics, quarantine restrictions, adverse weather, or acts of the City, third parties, or governmental agencies.

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ITEM NO. 10

STAFF REPORT

DATE: DECEMBER 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: APPROVE CONTRACT FOR BUILDING & SAFETY SUPPORT

SERVICES TO WILLDAN ENGINEERING, AND CORRESPONDING
BUDGET AMENDMENT, RESOLUTION NO. R-128-22.

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 Willdan Engineering for $135,000 to provide Supplemental Plan Check, Inspection and Permit Counter Support Services for a one-year period, with the option to renew services for up to three additional years.

BACKGROUND

The Building Division ensures building construct ion compliance with electrical, plumbing, mechanical, energy and security codes, state safety laws, disabled access, and City ordinances.

Compliance with state and local codes is ensured by the Building Official, through oversight of the Permit Counter support services, plan review and building inspection functions.

After many years of contracting with consultants to provide all services for the Building & Safety Division, these services were brought in-house in early 2014 with the authorized hiring of a Building Official and an Inspector. Concurrent with hiring of Building & Safety Division staff, the City entered into contracts for supplemental support services, including Permit Counter interim staffing, plan review, building inspection and Code Compli ance case support on an as - needed basis.

The current contract with Willdan Engineering is scheduled to expire on January 31, 2023 .

Therefore, on October 3, 2022, a Request for Proposals (RFP) to provide Permit Counter support 10 Packet Pg. 204
Staff Report to the Mayor and City Council
Contract Award - Willdan
December 20, 2022

Page 2 ends

services, plan review and building inspection functions was prepared and sent to seven consultants with a record of providing building support services in the Inland Empire region.

Proposals were due by November 1, 2022. Five proposals were received and evaluated.

ISSUES/ANALYSIS

In response to the City’s RFP, proposals were received from the following consulting firms:

 Willdan Engineering
 Bureau Veritas
 Interwest Consulting Group
 CSG Consultants, Inc.
 4 LEAF, Inc.

A proposal review committee rated the proposals based on the following criteria:
 Experience and previous performance;
 Quality of personnel;
 Budget and value to City; and
 Other criteria (e.g., local offices, familiarity with City/region, knowledge of software used by City).
 Electronic Services (i.e., electronic application/plan submittal and review)

In addition, mandatory proposal elements were reviewed, such as proper civil engineering licensing, potential conflicts of interest, and adherence to the RFP instructions.

The consensus ratings of the interviewers identified Willdan Engineering as the top rated firm.

References have been checked for Willdan Engineering and found to be excellent. Therefore, staff is recommending that the Building & Safety support services be provided by Willdan Engineering for FY 2022/23, with annual renewal options, subject to City approval.

As proposed, the contract will allow compensation up to $135,000 in services for the first year, with annual amendments and new budget allocations to be approved by the City Council for three additional 1-year terms. Plan review services are billed based on a percentage of the City’s plan check fees; interim/supplemental staffing is based on hourly rates.

FISCAL IMPACTS

An additional General Fund appropriation is necessary for the contract award. While the contract was anticipated with the adoption of the FY2022 -23 budget, the staffing vacancies and counter coverage necessary for increased building inspection services could not have been anticipated. Adoption of Resolution R -128-22 amends the FY2022 -23 budget to i ncrease appropriations in General Fund Building Division Professional Services Expenditure Account 10 Packet Pg. 205
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Contract Award - Willdan
December 20, 2022

Page 3 ends

No. 100-6300-6302-2350-000-0000 by $115,000.00. Salary savings from the vacant positions will be realized through the mid-year budget review.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. Willdan Colton Proposal B&S

2. Colton - Professional Services Agreement (2022-2023)

3. Resolution No. R-128-22_Budget Amendment
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Attachment: Willdan Colton Proposal B&S (3892 : Contract Award - Willdan)

Cover Letter

November 1, 2022
City of Colton
Attn: Mark Tomich, Development Services Director
Development Services Depart
659 N La Cadena Drive
Colton, CA 92324
Subject: Proposal – Plan Review and Building Inspection Services Dear Mr. Tomich:

Willdan Engineering is pleased to present this proposal to the City of Colton to continue to provide Building and Safety services to the City. Willdan has been a consistent industry leader for more than 58 years providing all aspects of municipal and infrastructure engineering, including building and safety, public works, public financing, planning, and construction management services.

While our exceptional services are presented in this response, listed below are reasons why Willdan is uniquely qualified to continue to provide these services to the City of Colton. ▪ Demonstrated Competence and Unmatched Jurisdictional Knowledge – Willdan Engineering presently provides building and safety services to a vast number of jurisdictions throughout California.

In this capacity, we provide a full range of services including Building Official services, building and safety plan review, permit issuance, inspection, and code enforcement. Since 2003, we have been providing Building and Safety services to the City. Our staff has extensive experience working with the City’s procedures and expectations for quality service to the community. Willdan's team will continue to be managed and coordinated through our local full-service San Bernardino office, less than a ten-minute drive to City Hall – making Willdan conveniently located and responsive to the City’s requests.
▪ Electronic Plan Review – Willdan Engineering offers electronic plan review which reduces foot traffic at City Hall and significantly expedites review as well as reduces shipping and printing costs for the applicant while promoting a paperless environment at no additional cost to the City or permit applicants.
▪ CASp Certified Inspectors and Plans Examiners – Willdan Engineering can provide CASp certified specialists to the City, as required by Senate Bill No. 1608, specifically CHAPTER 549. ▪ Customer Service – Our approach to user-friendly customer service specifically results in reduced number of plan review rechecks and has allowed us to meet the required plan check turnaround time standards of the City. Likewise, the assignment of experienced building inspectors by Willdan results in accurate-time effective field building inspections.

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November 1, 2022

Mr. Patrick Johnson, PE, CBO, Director of Building and Safety, will serve as Project Manager and is authorized to contractually bind Willdan. Mr. Johnson will oversee all day-to-day services provided to the City and can be reached as shown below:

Mr. Patrick Johnson, PE, CBO
Director of Building and Safety
Willdan Engineering
650 E. Hospitality Lane, Suite 400
San Bernardino, CA 92408
(909) 915-4361
[email protected]

As demonstrated in our proposal, our team possesses the skill and experience required to address the City’s needs. We look forward to continuing our service to the City of Colton and its community.

Respectfully submitted,

WILLDAN ENGINEERING

Patrick Johnson, PE, CBO
Director of Building and Safety

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Table of Contents

Summary Sheet ....................................................................................................................................... 1 Statement of Qualifications .................................................................................................................... 3 Scope of Work ...................................................................................................................................... 7 Personnel ............................................................................................................................................... 13 Office Location ....................................................................................................................................... 16 References ............................................................................................................................................. 17 Fee Schedule .......................................................................................................................................... 18 Appendix
▪ Certification of Firm’s Acceptance of Standard Professional Services Agreement ▪ Offeror Identification
▪ Worker’s Compensation Certificate
▪ Non-collusion Affidavit
▪ Exception Form
▪ Résumés

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Summary Sheet

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Statement of Qualifications

COMPANY OVERVIEW
Willdan, founded in 1964, is a leading nationwide provider of professional consulting and technical services. The primary markets Willdan serves are:
electric energy consulting; infrastructure planning and engineering; economic and financial consulting; and homeland security consulting. The company serves these four complementary markets through its divisions – engineering services (Willdan Engineering), energy efficiency services (Willdan Energy Solutions), public finance services (Willdan Financial Services) and homeland security services (Willdan Homeland Solutions). Willdan has a reputation for delivering high-quality projects on time and within budget. Rooted in Willdan’s corporate culture is its focus on quality customer service. The company has more than 1,400 employees, including licensed engineers, program and construction managers, financial analysts, planners, and other skilled professionals. Willdan benefits from well-established relationships with local and state government agencies, investor-owned and municipal utilities, and private sector commercial and industrial firms throughout the United States. Today, Willdan has over 1,400 employees operating out of multiple offices located throughout the United States. We have supported implementation of community visions through engineering, construction management, inspection, planning, building safety, and staff augmentation services. Willdan has completed various types of projects for over 90 percent of the cities and counties in California.

Willdan Engineering (Willdan), a California Corporation is part of Willdan Group, Inc. (WGI), a NASDAQ publicly traded Delaware Corporation and nationwide firm serving more than 800 public agencies and private sector clients. Founded in 1964 and headquartered at 2401 E Katella Avenue, Anaheim, California, 92806, Willdan was originally established as a civil engineering firm specializing in providing solutions for our public agency clients. Since that time, we have evolved into a professional consulting firm offering a broad array of services that allows us to provide a comprehensive and integrated approach to our clients’ planning, engineering, financial, economic, public facility, public safety, and energy sustainability solutions.

Throughout our 58 year history, Willdan has sustained a consistent healthy financial performance. Willdan has the financial strength and wherewithal to complete all projects we undertake. This is due, in part, to a respected reputation in the municipal engineering industry for providing timely, cost effective, innovative engineering solutions that exceed our client’s expectations and for providing exceptional customer service to our many clients. The firm has the, resources and appropriate staffing to perform and complete all contractual project obligations.

Willdan possesses expertise in most facets of the public sector marketplace. The varied experience and background of our staff experience is an added value of our services. No other firm matches Willdan’s combined breadth of directly relevant technical and operational expertise and depth of experience.

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Willdan's corporate-wide capabilities include a full range of civil and structural engineering, land planning, financial and economic consulting, geology and geotechnical engineering, environmental health a nd safety, and energy efficiency solutions consulting services.

We provide professional services in all phases of municipal activities from project development, grant funding application assistance and administration, site analysis, and conceptual development to final design, construction management, observation, and project close-out.

FINANCIAL STABILITY
Throughout our 58 years in business, Willdan has maintained a strong balance sheet with the financial and staffing resources to perform and complete all contractual obligations. We have continued to grow to better serve our clients by offering an expanding range of municipal services. Financial information, including information on revenue, earnings, and cash flow, are issued quarterly, and can be found at www.willdan.com. The following claims do not affect Willdan’s ability to provide the proposed services.

REPRESENTATIVE FOR PROPOSAL
Mr. Patrick Johnson, PE, CBO
Director of Building and Safety
Willdan Engineering
650 E. Hospitality Lane, Suite 400
San Bernardino, CA 92408
(909) 915-4361
[email protected]

CITY BUSINESS LICENSE

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BUILDING AND SAFETY SERVICES
Willdan’s experience and strength in building and safety encompasses the complete range of technical disciplines, including permit issuance, building inspection, grading inspection, accessibility inspection, CASp services, OSHPD III plan check and inspection, flood zone experience, building plan review, fire-life safety, building official services, and emergency safety assessment expertise. The inspection and plan review staff maintain current certifications and attend training on a regular basis, to stay current with industry technologies and standards. Specific certifications and education are delineated in staff résumés herein.

CURRENT CONTRACTS
The following is a list of our current Building and Safety Services contracts for California municipalities and jurisdictions similar to the services requested. All contracts are open.

CLIENT CONTACT INFORMATION DATES OF SERVICES
City of Avenal, CA City Clerk
559.386.5782 2015 – Present
City of Bakersfield, CA Chief Building Official
661.326.3720 2012 – Present
City of Banning Community Development Director
951.922.3131 2019 – Present
City of Beaumont, CA Community Development Director
951.572.3212 2011 – Present
City of Big Bear Lake, CA City Manager
909.866.5832 2011 – Present
City of Claremont Building Official
909.399.5477 2022 – Present
City of Coachella, CA Development Services Director
760.398.3102 2017 – Present
City of Coalinga, CA Building Official
559.935.1533 2007 – Present
City of Colton, CA City Building Official
909.370.5079 2003 – Present
City of Colusa, CA City Manager
458-5890 2013 – Present
City of Cudahy, CA City Manager
323.773.5143 2012 – Present
City of Desert Hot Springs Community Development Director 760.329.6411 2019 – Present
City of Dinuba Building Official
559.591.5924 2017 – Present
CSU Monterey Bay Facilities Department
831.582.3000 2011 – Present
CSU San Jose Facilities Department
408.924.5980 2013 – Present
CSU Sonoma Facilities Department
707.664.2947 2010 – Present

Building and Safety Services
▪ Building & Safety Inspection
▪ Grading and Right-of-Way
Inspection
▪ Plan Check
▪ Permit Technician
▪ Construction Management
▪ Code Enforcement
▪ Building Official
▪ Disaster Recovery Services
▪ Development Permitting
Process

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CSU Sacramento Facilities Department
916.278.6296 2011 – Present
CSU Fresno Facilities Department
209.278.2457 2008 – Present
City of Fontana Chief Building Official
909.350.7640 2013 – Present
CSU Los Angeles Project Manager
323.481.1645 2021 – Present
City of Goleta Community Development Director
805.961.7552 2011 – Present
City of Grand Terrace, CA Community Development Director 909.825.3825 2013 – Present
County of Glenn, CA Building Department
530.934.6546 2010 – Present
City of Hemet Chief Building Official
951.765.2475 2022 – Present
City of Highland, CA Chief Building Official
909.864.6861 1994 – Present
City of Indian Wells Chief Building Official
760.776.0230 2015 – Present
City of Kerman Assistant Planner
559.846.9386 2018 – Present
City of Laguna Woods, CA Dev Program Analyst
949.639.0561 2018 – Present
City of Long Beach, CA Chief Building Official
562.570.6555 2014 – Present
City of Loma Linda, CA Community Development Director
909.799.2800 2013 – Present
City of La Puente, CA Community Development Director
626.855.1500 2010 – Present
County of Lassen, CA Chief Planner
530.251.8269 2012 – Present
City of Lindsay, CA City Services Director
559.562.7102 2006 – Present
City of Moreno Valley, CA Chief Building Official
951.413.3000 2013 – Present
March Joint Power Authority,
Riverside, CA
Planning Director
951.656.7000 2013 – Present
Morongo Band of Mission Indians Construction Director
951.849.4697 2012 – Present
City of Murrieta Sr. Plans Examiner
951.461.6054 2019 – Present
City of Norco, CA Chief Building Official
951.735.3900 2013 – Present
City of Ontario Chief Building Official
909.395.2172 2021 – Present
City of Orange Cove Interim City Manager
559.626.4488 2017 - Present
City of Parlier Community Development Director
559.696.3545 2017 - Present
County of Los Angeles Public Works Department
626.458.5100 2020 – Present

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County of Placer, CA Community Development
530.745.3000 2012 – Present
City of Rancho Cucamonga Dir of Building & Safety
909.774.4217 2022 – Present
City of Redlands, CA Chief Building Official
909.798.7536 2012 – Present
City of Ridgecrest, CA Dir. Development Services
760.499.5072 2017 – Present
County of Riverside, CA Dir. of Building & Safety
951.955.1000 2013 – Present
City of Rolling Hills, CA City Manager
310.377.1521 2012 – Present
City of Rolling Hills Estates, CA Dir of Planning
310.377.1577 1989 – Present
City of San Bernardino, CA Community Development
909.384.5057 1986 – Present
County of San Bernardino, CA Community Development Director 909.387.4700 2013 – Present
City of San Luis Obispo, CA Chief Building Official
805.781.7100 2013 – Present
City of Sierra Madre, CA Community Development Director 626.355.4239 1992 – Present
Soboba Tribe Chad Delgado
951.665.1000 2017 – Present
City of Solvang Building Department
805.688.5575 2020 – Present
City of Tustin Asst Dir Comm. Dev.
714.573.3106 2017 – Present
City of Waterford City Manager
209.874.2328 x103 2019 – Present
UC Riverside Chief Building Official
951.827.1382 2018 – Present

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SCOPE OF WORK
When it comes to serving the residents of the City of Colton community, Willdan sees our role as that of facilitator and guide—helping the City’s customers in getting through the review, permitting, and inspection process—rather than leaving the applicant in a bind in obtaining or signing off permits, while ensuring development complies with building codes and City standards. We understand that the process of complying with the various codes, standards, regulations and laws can be a formidable and daunting undertaking—for even the most seasoned design or construction professional. Furthermore, an understanding of the complexity associated with processing private development applications and the sometimes-competing interests is essential to exceptional customer service. Competing interests include, but are not limited to, creating a sense of place, achieving economic development objectives, ease of maintenance, and assuring the City will be as satisfied with the infrastructure on day one as 20 years from “day one.” Common sense decision making and technical analysis in interpreting the intent of regulatory guidelines are significant strengths Willdan staff brings to the City.

Our proven approach is based on years of experience and incorporates features enhancing the efficiency and quality of the following services:

BUILDING PLAN REVIEW
All building plans will be examined for compliance with the current California Building Code, California Residential Code, Green Building Standards Code, California Mechanical Code, California Plumbing Code, California Electrical Code, California Fire Code, California Historical Code, California Existing Building Code and the Accessibility, Noise and Energy Conservation requirements as mandated by State Title 24, and all additional applicable City Ordinances. Plan review for Disabled Access Compliance will include a review of precise grading plans.

All plan check will include compliance with
code requirements as well as an overview of
the application package for other applicable
requirements such as approvals from other
local agencies and districts and coordination
with other City departments. All plan review
will comply with the City’s directives, codes
and policies.

“We really appreciate Willdan’s timely responses and
professional advice to our questions and concerns related to plan check comments and general code issues. Willdan’s
professionalism and knowledge of the plan check process was immensely helpful in cutting cost and schedule. It has been really great to work with Willdan and we hope we will keep working with them for future work.”
Inkon Kim, PhD, LEED AP
HPA, Inc.

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Plan check will include a review of any or all of the following design elements as determined by the City:
▪ Architectural
▪ Fire/Life-safety
▪ Plumbing
▪ Mechanical
▪ Structural
▪ Electrical
▪ Energy Conservation Regulations (Title 24)
▪ Disabled Access Regulations (CBC)
▪ Green Building Standards
▪ CASp
Willdan will provide two complete typewritten plan check letters which outline the documents reviewed, instructions to the applicant regarding the processing of documents, and a listing of plan check comments. The plan check comments will refer to appropriate sheets, details or calculation pages and the code section of concern. Comments shall specify the apparent code violation.

Willdan staff will pick up plans (paper projects) from City Hall and/or provide delivery service at no additional cost to the City. We will supply the City with plan bags and shipping labels as well as Willdan’s FedEx and GSO account numbers.

ELECTRONIC PLAN REVIEW (EPR)
Willdan has long had the ability to provide plan review services electronically, at no additional cost to the City or applicants. The many advantages of our “tree- saving” electronic plan review process includes the elimination of the need for additional computer software or hardware–only an Internet connection is necessary. Electronic plan review services are provided at the request of the applicant or the agency we serve. Submittals are accepted in PDF format and reviewed in Bluebeam. Willdan will review plans and has the ability to transmit the redlined plans back to the applicant or designer via the website, along with the plan review comment sheet.

ELECTRONIC PLAN REVIEW PROCESS

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This service allows for on-line collaboration between the City, designer and plans examiner to facilitate a complete understanding of plan review comments and can reduce shipping, printing and timelines for plan review processing for the applicant.

Our EPR portal also serves as an accurate log of all plans coming in and going out. City staff will have full access to the site and will have the ability to check status, review redlines, comments, etc.

PLAN REVIEW SCHEDULE

TYPE OF PROJECT INITIAL REVIEW SUBSEQUENT REVIEWS
Solar Plans, Minor plan check 3 working days 2 working days Residential (new construction,
additions, remodels) 5 working days 3 working days
Commercial/Industrial under
$1,000,000 valuation 10 working days 8 working days
Commercial/Industrial over
$1,000,000 valuation 15 working days 10 working days

Expedited review will be provided at the request of City staff.

"Working with Willdan speeds
up the installation of solar. They
have quick and efficient plan
reviews through an electronic
review process. Complete Solar
is happy to continue to work
with Willdan on a regular
basis.”
Sarah Prado, Agent
Complete Solar

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BUILDING INSPECTION
Our inspectors are ICC certified and fully experienced to perform residential, commercial and industrial inspections for compliance to the approved plans and related documents. The inspections will be performed in accordance with the City’s adopted version of the California Building Code, California Residential Code, Green Building Standards Code, California Mechanical Code, California Plumbing Code, California Electrical Code, and the State and Federal regulations for Accessibility, Noise and Energy Conservation, California Fire Code and provisions of Title 19 and NFPA.

Inspection staff will be available to meet with City staff, builders, developers, and citizens to provide assistance and resolve any inspection issues that may arise. Inspectors shall attend and participate in required meetings with other City inspection and plan review staff, property owners, contractors and/or design professionals.

Inspectors will review the permit package to verify that the on-site condition is consistent with the appropriate records for square footage, setbacks, heights, and other requirements that may be applicable. Inspectors will comply with the City’s procedures for reporting inspection results, use City inspection correction forms, make appropriate entries onto the permit documents, and follow City procedures prior to finalizing a building permit.

Willdan will verify that all inspection records, including daily records of what was inspected which will be recorded on the job card, and permit copy entered into the City’s Building and Safety computer system.

We will employ such techniques as necessary to minimize delays to builders and provide helpful advice and counsel to builders, owners, engineers and architects as to enhance the orderly flow of the construction process yet maintaining an effective level of enforcement. Inspectors shall ensure that any construction changes are documented and approved by appropriate City staff.

Our inspection staff are supplied with cell phones and laptops and/or iPads for email communication and document creation and record keeping. Inspections will be provided within 24 hours of notification or sooner.

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CASP SERVICES
Willdan can provide CASp certified inspectors to the City as required by California Civil Code, Division 1, Part 2.52, Section 55.53(d)1&2 which reads as follows:
(d) (1) Commencing July 1, 2010, a local agency shall employ or retain at least one building inspector who is a certified access specialist. The certified access specialist shall provide consultation to the local agency, permit applicants, and members of the public on compliance with state construction-related accessibility standards with respect to inspections of a place of public accommodation that relate to permitting, plan checks, or new construction, including, but not limited to, inspections relating to tenant improvements that may impact access. If a local agency employs or retains two or more certified access specialists to comply with this subdivision, at least one-half of the certified access specialists shall be building inspectors who are certified access specialists.
(2) Commencing January 1, 2014, a local agency shall employ or retain a sufficient number of building inspectors who are certified access specialists to conduct permitting and plan check services to review for compliance with state construction-related accessibility standards by a place of public accommodation with respect to new construction, including, but not limited to, projects relating to tenant improvements that may impact access. If a local agency employs or retains two or more certified access specialists to comply with this subdivision, at least one-half of the certified access specialists shall be building inspectors who are certified access specialists.

Our CASp certified inspectors will provide building and site evaluations for ADA and State Disabled Access requirements; provide evaluations and reporting for Applicable Construction Related Accessibility Standards; provide CASp Disability Access Certificates; provide expert witness and legal services support; and provide other services as required by the City. Our CASp certified inspector will be available within 24 hours of notification or sooner.

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COUNTER TECHNICIAN SERVICES
Under the supervision of the City, our provided permit technician(s) will provide customer-friendly public counter service. Using the City’s permitting software system for plan check tracking, permit issuance and report generation, Willdan provides quick, efficient service at the counter. Our knowledgeable staff, who always understand that this may be the first time that a citizen is applying for a permit, have the ability to help all applicants, from the least knowledgeable applicant for a simple home remodel to experienced owners who have many years of development experience.

Our goal is to make sure that every applicant feels that we have answered their questions and met their needs. The designated permit technician(s) will provide counter services during City Hall hours.

Our building counter services include but are not limited to:
▪ Customer support at the counter and over the phone
▪ Permit application review to ensure completeness and accuracy ▪ Fee calculation
▪ Building permit processing and issuance
▪ Public assistance in completing permit applications
▪ Verification that projects have obtained all necessary approvals prior to permit issuance ▪ Applicant notification when construction documents and/or permits are ready for pick-up or issuance
▪ Coordination and routing of construction documents to the appropriate City staff for plan review and approval
▪ Resolution of resident inquires and complaints
▪ Records maintenance, document preparation for storage and or imaging

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Personnel & Allocation of Resources

We recognize that the City's departmental workload fluctuates. Willdan hires professionals in three categories – full-time, modified full-time, and part-time. Part-time staff may work up to 40 hours per week. Our proposed staff are qualified registered engineers, architects, and ICC certified plans examiners, building inspectors and permit technicians. All services will be provided from our local San Bernardino office, with additional resources employed company-wide as necessary. No subcontractors will be employed for these services to the City. Individual résumés are located in the Appendix herein.

PRINCIPAL RESPONSIBILITY
Mr. Patrick Johnson, PE, CBO will serve as Project Manager for all services provided to the City. Mr.

Rouhi El-Rabaa, PE, CASp, will oversee all plan review services provided to the City. Mr. Richard Shields, CBO, will oversee all inspection services provided to the City.

STAFF

Name/Title

Registrations/Certifications

Service Provided
Patrick Johnson, PE,
CBO
Director

▪ Civil Engineer, California No. CE#67960
▪ Civil Engineer, Arizona No. 50435
▪ Civil Engineer, Colorado No. 43704
▪ ICC Plans Examiner
▪ ICC Building Inspector
▪ ICC Building Official
Director of Building & Safety
Rouhi El-Rabaa, PE,
CASp
Plan Check Manager
▪ California Professional Engineer, CE#92565
▪ ICC Plans Examiner
▪ CASp Certified

Building Plan Review:

Structural, architectural, plumbing,
mechanical, electrical, energy,
accessibility, green building, fire life-
safety.

Daren Raskin, PE, CBO
Plan Check Engineer
▪ California Professional Engineer, CE#57577
▪ ICC Plans Examiner
▪ ICC Building Official
Building Plan Review: Structural,
architectural, plumbing, mechanical,
electrical, energy, green building,
accessibility, residential, and
commercial.

Ted Beckwith, SE, PE
Plan Check Engineer
▪ Registered Structural and Civil Engineer
▪ ICC Certified Building Official
▪ ICBO and ICC Plans Examiner
Building Plan Review: Structural,
architectural, plumbing, mechanical,
electrical, energy, green building,
accessibility, residential, and
commercial.

Aaron Cowen, PE
Plan Check Engineer
▪ California Professional Engineer, CE#58878
▪ ICC Plans Examiner
Building Plan Review: Structural,
architectural, plumbing, mechanical,
electrical, energy, green building,
accessibility, residential, and
commercial.

Stefan Chiose, PE
Plan Check Engineer
▪ California Professional Engineer #82816
▪ ICC Plans Examiner
▪ ICC Fire Sprinkler Plan Examiner

Building Plan Review: Structural,
architectural, plumbing, mechanical,
electrical, energy, green building,
accessibility, residential, and
commercial.

Arne Lovnaseth, CASp
Plan Check Architect
▪ California Licensed Architect
▪ CASp Certified
▪ ICC Plans Examiner
Building Plan Review:

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Architectural, plumbing, mechanical,
electrical, energy, accessibility, green
building, fire life-safety.

Christian Mui, PE
Plan Check Engineer

▪ California Professional Engineer, CE#93226
▪ ICC Plans Examiner
Building Plan Review: Structural,
architectural, plumbing, mechanical,
electrical, energy, accessibility, green
building, fire life-safety.

Dominick Taliulu, EIT
Plans Examiner

▪ ICC Plans Examiner
▪ EIT Certification
Building Plan Review:

Architectural, plumbing, mechanical,
electrical, energy, accessibility, green
building, fire life-safety.

Dana Reed, CASp
Deputy Building
Official
▪ CASp Certified
▪ ICC Plans Examiner

Building Plan Review: Architectural,
plumbing, mechanical, electrical,
energy, accessibility, green building, fire
life-safety, OSHPD III.

Dan Chudy, BI, CBO,
CASp
Project Manager II

▪ CASp Certified
▪ ICC Building Official
▪ ICC Plan Examiner
▪ ICC Plumbing Inspector
▪ ICC Combination Inspector
▪ ICC Building Inspector
▪ ICC Fire Inspector
▪ ICC Mechanical Inspector
▪ ICC Electrical Inspector
▪ CalGreen Inspector
▪ ICC Permit Technician
▪ LEED Accredited Professional
Building Plan Review /Inspection:

Architectural, plumbing, green building,
mechanical, electrical, energy,
accessibility, fire life-safety, OSHPD III.

Multi-story office buildings, commercial
buildings, retail outlets, single-family
and multi-family residential
developments. CASp services.

Daniel Crawford,
CASp, CBO
Plans
Examiner/Building
Inspector

▪ CASp Certified
▪ ICC Building Official
▪ ICC Plans Examiner
▪ ICC Commercial Building Inspector
▪ ICC Residential Building Inspector
▪ ICC Residential Electrical Inspector
▪ California General Building Contractor
▪ PC832 Level III Certification
Building Plan Review: Architectural,
plumbing, mechanical, electrical,
energy, accessibility, green building,
fire life-safety.

Building Inspection: Multi-story office
buildings, commercial buildings, retail
outlets, single-family, medical facilities,
educational facilities and multi-family
residential developments.

Richard Shields, CBO
Building Inspection
Manager

▪ ICC Building Official
▪ ICC Building Inspector
▪ ICC Plumbing Inspector
▪ ICC Mechanical Inspector
▪ ICC Electrical Inspector
Building Inspection: Multi-story office
buildings, commercial buildings, retail
outlets, single-family, medical facilities,
educational facilities and multi-family
residential developments.

Joe Rosales
Sr. Building Inspector

▪ ICC Building Inspector Building Inspection: Multi-story office buildings, commercial buildings, retail
outlets, single-family, medical facilities,
educational facilities and multi-family
residential developments.

David Lackyard
Sr. Building Inspector

▪ ICC Combination Inspector

Building Inspection: Multi-story office
buildings, commercial buildings, retail
outlets, single-family, medical facilities,
educational facilities and multi-family
residential developments.

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Tony David
Sr. Building Inspector

▪ ICC Commercial Building Inspector
▪ ICC Special Inspector
▪ SI 86 Spray-applied
▪ ICC Fireproofing
▪ Concrete Field-Testing
▪ Technician, Grade 1, ACI
Building Inspection: Multi-story office
buildings, commercial buildings, retail
outlets, single-family, medical facilities,
educational facilities and multi-family
residential developments.

Javier Nolasco
Sr. Building Inspector

▪ UBC Certified Plans Examiner
▪ UBC Combination Dwelling Inspector
▪ ICC Plans Examiner: #5297294-B3
▪ ICC Building Inspector: #5297294-B5
▪ ICC Commercial Plumbing Inspector
Building Inspection: Multi-story office
buildings, commercial buildings, retail
outlets, single-family, medical facilities,
educational facilities and multi-family
residential developments.

Cortney Croslin
Sr. Permit Counter
Technician

▪ ICC Permit Technician (Pending) Permit Technician: Building department counter coverage, answer
phone calls, respond to inquiries, issue
permits.

Lauren Scrima
Sr. Permit Counter
Technician

▪ ICC Permit Technician Permit Technician: Building
department counter coverage, answer
phone calls, respond to inquiries, issue
permits.

Sharon Barrett
Sr. Permit Counter
Technician

▪ ICC Permit Technician Permit Technician: Building
department counter coverage, answer
phone calls, respond to inquiries, issue
permits.

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Office Location

Willdan’s local office is located less than 4 miles from City Hall.

650 Hospitality Lane
Suite 400
San Bernardino, CA 92408

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References

CLIENT CONTACT DATES SERVICE PROVIDED
City of Highland
27215 Baseline
Highland, CA 92346

Open Contract
Matthew Wirz
Building Official
(909) 864-8732
mwirz@cityofhighland.
org

1987 – Present ▪ Building Plan Check
▪ Electronic Plan Check
▪ Inspection
▪ CASp
▪ Permit Counter
▪ Stormwater
▪ Grading Plan Review
City of Loma Linda
25541 Barton Road
Loma Linda, CA
92354

Open Contract
T. Jarb Thaipejr
City Manager
(909) 799-2810
JThaipejr@lomalinda
-ca.gov

1980 – Present ▪ Building Official
▪ Building Plan Check
▪ Electronic Plan Check
▪ Inspection
▪ CASp
▪ Permit Counter
▪ Stormwater
▪ Grading Plan Review
City of Banning
99 E Ramsey St
Banning, CA 92220

Open Contract
Adam Rush
Community
Development Director
(760) 219-2791
[email protected]

2019 – Present ▪ Building Official
▪ Building Plan Check
▪ Electronic Plan Check
▪ Inspection
▪ CASp
▪ Permit Counter
▪ Stormwater
▪ Grading Plan Review
City of Moreno
Valley
14177 Frederick
Moreno Valley, CA
92552

Open Contract
James Verdugo
Building & Safety
Supervisor
(951) 413-3359
[email protected]

1995 – Present ▪ Building Plan Check
▪ Electronic Plan Check
▪ Grading Plan Review
▪ Inspection
▪ CASp
▪ Permit Counter

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Fee

Willdan will provide all services as shown below. Percent of fee rates for plan review includes three reviews including approval. Any reviews beyond three will be provided for an all-inclusive hourly rate as shown below. Expedited plan review will be billed at 1.35x of our rate. Overtime inspections will be charged a 1.5 factor, and mileage for inspections will be billed at the current IRS Standard Mileage Rate.

All rates and cost shall be effective through the term of the agreement.

SERVICE PROVIDED RATE SCHEDULE
Plan Review for projects with a valuation
of $0 - $999,000
70% of fee collected by the City
Plan Review for projects with a valuation
of $1,000,000 - $4,999,999
65% of fee collected by the City
Plan Review for projects with a valuation
of $5,000,000 - $9,999,999
60% of fee collected by the City
Plan Review for projects with a valuation
greater than $10,000,000
55% of fee collected by the City
ICC Certified Plans Examiner $125/hr
Plan Check Engineer/Architect $135/hr
CASp Plan Review/Inspection $125/hr
Building Inspector $ 95/hr
Permit Technician $ 65/hr

Rates will not increase through December 31, 2023. If the Agreement is extended beyond December 31, 2023, Willdan may reserve the right to increase rates once per year to the value between the 12-month % change of the Consumer Price Index for San Bernardino County area and five percent.

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Appendix
▪ Certification of Firm’s Acceptance of Standard Professional Services Agreement ▪ Offeror Identification
▪ Worker’s Compensation Certificate
▪ Non-collusion Affidavit
▪ Exception Form
▪ Résumés

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Attachment: Willdan Colton Proposal B&S (3892 : Contract Award - Willdan) CITY OF COLTON Plan Review and Building Inspection Services

Patrick Johnson, PE, CBO
Director of Building and Safety
Profile Summary
Education: University of Iowa, Iowa City, IA
Bachelor and Science, Structural Engineering
California State Polytechnic University-Pomona
Master of Engineering
Registration: California Professional Engineer, CE#67960 Arizona Professional Engineer, CE#50435
Colorado Professional Engineer, CE#43704
Nevada Professional Engineer, CE#20699
ICC Building Official
ICC Plans Examiner
ICC Building Inspector
Experience: 22 Years

Mr. Patrick Johnson has 22 years of construction and engineering experience and is a registered engineer specializing in lightweight commercial, industrial, and residential structures. He has plan checked several tilt -up warehouse buildings up to 2.3 million square feet and numerous structures consisting of braced and moment frames for lateral resistance, prestressed concrete structures, and multi -story buildings up to six stories in height.

As Director of Willdan’s Building and Safety Division, Mr. Johnson is responsible for overse eing all Building and Safety services company-wide as well as providing structural plan review. He has attended code enforcement and seismic application seminars and has received his Master of Engineering degree, specializing in structures, from California State Polytechnic University. Patrick has served as acting building official for the cities of Big Bear Lake, Loma Linda, and Rancho Mirage. He has served as a forensic engineer responsible for justifying probable causes of structural damage caused by expansive soils.

As a project manager for Willdan’s On-call Building Official and Building and Safety Services contracts, Mr.

Johnson works with City managers to plan, organize, direct, and administer the activities of their Building and Safety Departments, including building inspections; inspection of construction; and general rehabilitation or repair of commercial, residential, and industrial properties. He has overseen reviews of building plans, calculations, and specifications for proposed structures; administered building and safety code enforcement; and reviewed construction plans to ensure they meet building codes and zoning regulations. Mr. Johnson also oversees inspectors monitoring construction sites to determine whether structures and systems have be en installed to meet all construction codes and ordinances for public safety.

Relevant Project Experience
Building Official Services, Cities of Banning, Big Bear Lake, Highland, Loma Linda, March JPA, and Rancho Mirage, CA. Building Official. Responsible for working directly with the City Manager to plan, organize, direct, and administer the activities and operation of the Building and Safety Department, including building inspections, inspection of construction, and the general rehabilitation or repair of commercial, residential and industrial properties. Oversee the review of building plans, calculations and specifications for proposed structures. As the administrator of Building and Safety, approve all construction plans to ensure th ey meet building codes and regulations. Inspect and monitor construction sites to determine if structures and systems are installed to meet all construction codes and ordinances for public safety. Supervise, train, and evaluate and; monitor and coordinate work. Oversee staff engaged in the preparation and maintenance of records of plans, inspection processes, letters and reports prepared or used in connection with building inspections; respond to questions from property and building owners; and interpret codes.

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Attachment: Willdan Colton Proposal B&S (3892 : Contract Award - Willdan) CITY OF COLTON Plan Review and Building Inspection Services

Daren Raskin, PE, CBO
Principal Project Manager
Profile Summary
Education: California State Polytechnic University-Pomona BS Engineering
Registration: California Professional Engineer, CE#57577 ICC Plans Examiner
ICC Building Official
Experience: 24 Years

Mr. Daren Raskin serves as Supervising Plan Check Engineer for Willdan. Daren possesses experience with design of various multi-story structures, shopping centers, commercial buildings, parking structures, and residential units. He has organized, scheduled, and supervised staff of engineers, draftsmen, and technicians. Mr. Raskin's expertise encompasses knowledge of all major building materials, including cold -formed steel, structural steel, concrete, and masonry as well as design of specialized systems of corrugated cold -formed shear walls, concrete shear walls, masonry shear walls, structural steel moment frames, braced frames and rigid diaphragm analysis.

Mr. Raskin’s previous engineering experience structural design, analysis, and calculations for repair of fire damaged residential and commercial buildings, room additions, and cus tom homes and ensuring structural drawings met design and code requirements.

Relevant Project Experience
On-Call Plan Review and Inspection Services, City of San Bernardino, California. Plans Examiner responsible for plan reviews of multi-story office buildings, commercial buildings, retail outlets, single-family residences, medical facilities, educational facilities and multi-family residential developments.

On-Call Plan Review and Inspection Services, City of Rialto, California. Plans Examiner responsible for plan reviews of residential, commercial, and industrial developments.

On-Call Plan Review and Inspection Services, City of Loma Linda, California. Plans Examiner responsible for plan reviews of residential, commercial, and industrial developments.

On-Call Plan Review and Inspection Services, City of Moreno Valley, California. Plans Examiner responsible for plan reviews of residential, commercial, and industrial developments.

On-Call Plan Review and Inspection Services, County of San Bernardino, Califor nia. Plans Examiner responsible for plan reviews of residential, commercial, and industrial developments.

On-Call Plan Review and Inspection Services, March Joint Powers Authority, California. Plans Examiner responsible for plan reviews of residential, commercial, and industrial developments in connection with development of former March Air Force properties.

On-Call Plan Review and Inspection Services, County of Riverside, California. Plans Examiner responsible for plan reviews of residential, commercial, and industrial developments.

On-Call Plan Review and Inspection Services, City of Beaumont, California. Plans Examiner responsible for plan reviews of residential, commercial, and industrial developments.

Dundee Residence Hall and Glasgow Dining Hall, University of California, Riverside, California. Plans Examiner responsible for plans reviews in connection with improvements designed for the two halls.

On-Call Plan Review and Inspection Services, City of Norco, California. Plans Examiner responsible for plan reviews of residential, commercial, and industrial developments.

On-Call Plan Review and Inspection Services, City of Highland, California. Plans Examiner responsible for plan reviews of residential, commercial, and industrial developments.

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Attachment: Willdan Colton Proposal B&S (3892 : Contract Award - Willdan) CITY OF COLTON Plan Review and Building Inspection Services

Ted Beckwith, PE, SE
Plan Check Engineer
Profile Summary
Education: BS, Civil and Structural Engineering, California State University, Fullerton, CA Certificate in Construction Technology, Riverside Community College, Riverside, CA Registration: Registered Structural and Civil Engineer
ICC Certified Building Official
ICBO and ICC Certified Plans Examiner
Experience: 37 Years

Mr. Ted Beckwith is a Willdan Engineering senior plans examiner with 37 years of experience. Mr.

Beckwith is experienced in reviewing complex plans for the construction of K-12 public schools and community colleges and performing counter review of minor projects.

Relevant Project Experience

California Division of the State Architect, Riverside, CA. Senior Structural Engineer (Lead). Managed the daily operations of the Riverside Satellite office associated with the San Diego Regional Office.

Review complex plans for the construction of K-12 public schools and community colleges. Perform counter review of minor projects. Review of changes to approved plans in the form of addenda, revisions and change orders. Review of deferred submittal documents including, but not limited to fire sprinklers and curtain wall glazing. Assist the design professionals in providing designs that are not only code compliant but economical. Work with architects, engineers, and school districts to obtain compliance with the California. Building Code especially during design development to achieve better buildings.

Willdan, San Bernardino, CA. Supervising Plan Check Engineer. Managed the staff of plan check engineers and developed staff and training programs. Worked in a fast paced environment on plan review of many complex projects. Resolved issues with permit applicants on code interpretation and application to their project with forward thinking. Trained junior level staff in application of the adopted codes in review of plans. Protectively worked with architects, engineers, contractors and owners to obtain compliance with the adopted codes of the state and more than 20 Building Departments. Prepared technical reports for the consideration of the local building official on matters of interpretation and administrative modifications of the building codes. Proficient in Fire Life Safety, Disabled Access, Structural, Energy Compliance, Electrical, Plumbing and Mechanical review as well as Building Department Administration.

Scott Fazekas & Associates, Irvine, CA. Supervising Plan Check Engineer. Managed the staff of plan check engineers. Worked in a fast paced environment on plan review of many complex projects.

Prepared technical reports for the consideration of the local building official on matters of interpretation and administrative modifications of the building codes to effectively apply the code.

Resolve issues with permit applicants on code interpretation and application to their project.

Protectively worked with architects, engineers, contractors and owners to obtain compliance with the adopted codes of the state and more than 20 Building Departments. Proficient in Fire Life Safety, Disabled Access, Structural, Energy Compliance, Electrical, Plumbing and Mechanical review as well as Building Department Administration.

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Attachment: Willdan Colton Proposal B&S (3892 : Contract Award - Willdan) CITY OF COLTON Plan Review and Building Inspection Services

Aaron Cowen, PE
Plan Check Engineer
Profile Summary
Education: California State University-Long Beach
BS Civil Engineering
Irvine Institute of Technology
Masters Science Structural Engineering
Registration: California Professional Engineer, CE#58878 ICC Plan Examiner
Experience: 28 Years

Mr. Aaron Cowen, a registered Civil Engineer in California, is a Plan Check Engineer for the Building and Safety Division. Aaron has more than 28 years of experience in the engineering field including design, drafting and plan check experience.

Mr. Cowen’s experience includes the design of wood structures, cantilevered concrete decks, thin-wall concrete shells, retaining walls, foundation systems, and design calculations.

Prior to joining Willdan, Mr. Cowen’s previous engineering experience includes the position of Senior Engineer with a Southern California engineering firm. In this capacity, he was design lead on numerous projects; provided on-site field inspections; and was responsible for the management and administration of all engineering data and information.

Relevant Project Experience

PLAN CHECK
Plan check projects include university buildings, single and multi-family homes, industrial buildings, commercial warehouses, restaurants, motels, solar plans and numerous tenant improvements.

Sample Jurisdictions:

City of Tustin
City of Loma Linda
County of Riverside
City of Moreno Valley
Orange County
County of Los Angeles
City of Highland

City of Irvine East Campus Housing Structure project including over 600,000 SF of student housing units.

He performed the complete structural plan check on this project which included a five-story wood framed housing structure and reinforced concrete and light gauge steel framed community center. Plans included 140 sheets of structural plans and details and over 2500 sheets of calculations. He numerically and conceptually spot checked all structural aspects of project including gravity, lateral, connections, superstructure, raised reinforced concrete slab, reinforced concrete columns, post-tension slab foundations, wood shear walls, retaining walls, trusses, steel stairs, parking structure, multi-level hold- downs. Over 100 issues were discovered and corrected including numerical, conceptual, and coordination errors between calculations and plans.

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Attachment: Willdan Colton Proposal B&S (3892 : Contract Award - Willdan) CITY OF COLTON Plan Review and Building Inspection Services

Stefan Chiose, PE
Plan Check Engineer
Profile Summary
Education: California Polytechnic State University, San Luis Obispo, CA B.S., Architectural Engineering
Registration: Professional Engineer, California #82816
ICC Plans Examiner
ICC Fire Sprinkler Plan Examiner
Experience: 12 Years

Mr. Stefan Chiose has 12 years’ experience in project management and engineering, with A&E firms and local government. He is experienced in performing technical analyses of plans, specifications, and reports; and reviewing documents for completeness, accuracy, and conformance to applicable codes, ordinances, and national standards
Relevant Project Experience

City of Newport Beach, Newport Beach, California. Plan Check Engineer. Reviewed construction drawings plans, commercial and residential architectural and structural plans, and disabled accessibility plans for compliance with the California Standard Building Codes. Prepared correction letters to document deviations in submittals and provided applicants with recommendations to meet minimum code requirements. Mr. Chiose also responded to questions from architects, engineers, and owners regarding codes and other issues with projects, both over the phone and at the public counter.

KNA Consulting Engineers, Inc., Irvine, California. Project Engineering. Was responsible for engineering and construction administration. Worked to plan projects, establish project criteria, coordinate project reviews, and ensure the proper implementation of project elements. Cooperated and communicated with project managers and other project participants and collaborated with senior engineers to create more efficient project methods and to maintain the project's profitability. Reviewed the engineering tasks and initiated the necessary corrective actions.

Grimm & Chen Structural Engineering Inc., Irvine, California. Project Engineer. Was responsible for structural engineering accurately calculating the required stress load of infrastructure to ensure that they were safe and stable for daily use. Was also responsible for project coordination – tracking performance and analyzing the completion of key goals. Wrote proposals from design development through RFIs. Prepared proposal documentation, cost estimates, and pricing recommendations to management
Lovelace Engineering, La Jolla, California. Structural Engineer Intern. Supported design leads for seismic analysis and structural calculations. Conducted basic structural analysis and design of projects of all material types (steel, concrete, masonry, and wood. Assisted in the review of plans and specifications.

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Attachment: Willdan Colton Proposal B&S (3892 : Contract Award - Willdan) CITY OF COLTON Plan Review and Building Inspection Services

Arne Lovnaseth, CASp, Architect
Plan Check Architect
Profile Summary
Education: Cal Poly Pomona, Bachelor of Science, Bachelor of Architecture Registration: California Licensed Architect, #C18833
ICC Plans Examiner #0877794-B3
Experience: 26 Years

Mr. Arne Lovnaseth, a registered Architect in California, is a Plan Check Architect for Willdan’s Building and Safety Division. He has 26 years’ experience in the construction field specializing in design work and plans examining. As a 1983 and 2001 graduate of Cal Poly Pomona his primary focus has been on architectural design of lightweight commercial and residential structures. He has attended a number of code enforcement seminars and currently is compiling a NCARB record for certification nationwide. He has extensive experience in ADA compliance.

During his tenure with Willdan, Mr. Lovnaseth has provided Counter Plan Review services to the City of Redlands, City of South El Monte, and the March Joint Powers Authority, a redevelopment agency located at March Air Force Base.

Relevant Project Experience
Projects include university buildings, single and multi-family homes, industrial buildings, commercial warehouses, restaurants, fitness centers, motels, medical facilities and numerous tenant improvements.

Mr. Lovnaseth’s previous architectural and plan checking experience includes the position of Senior Plans Examiner for a large Inland Empire City for more than five years. In this capacity, he specialized in the plan checking of lightweight commercial, multi and single-family housing. He supervised a staff of 5 plans examiners and permit technicians, issuing over 3,000 building permits a year.

Prior experience includes project manager at John McInnes Architect in Laguna Beach for five years and job captain at Sumich Design in San Juan Capistrano for eight years.

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Attachment: Willdan Colton Proposal B&S (3892 : Contract Award - Willdan) CITY OF COLTON Plan Review and Building Inspection Services

Rouhi El-Rabaa, PE, CASp
Plan Check Engineer
Profile Summary
Education: Bachelor’s in Civil Engineering
California State University, Los Angeles
Registration: California Professional Engineer, CE#92565 ICC Plans Examiner Certificate #8868081
Experience: 8 Years

Mr. Rouhi El-Rabaa is a Willdan Engineering Building Plan Check Engineer with 8 years of experience.

Mr. El-Rabaa is a skilled professional accustomed to playing a vital role in civil engineering cycles.

Highly trained in responding to the public, contractors, and design professionals. Experience includes; structural design and analysis, commercial, accessibility, and residential plan checking, structural calculation review, exceptional customer service, and building and municipal code enforcement.

Relevant Project Experience
Plan Check Engineer, Willdan Engineering, San Bernardino, CA. Rouhi is responsible for the following tasks: Conduct full scope plan reviews for various disciplines, including; architectural, structural, fire- resistive, accessibility, energy, MEP, and green. He is highly experienced reviewing the following types of buildings; single-family and multi-family residential, tract homes, hotels, OSHPD 3, industrial, commercial, assembly, factory-built, mixed-use, and miscellaneous. Rouhi is also responsible for technical structural calculation review for regular and irregular multistory buildings, podium structures, irregular diaphragms, offset shearwalls, tilt-up construction, and freestanding structures. He trains staff to recognize proper non-structural and structural design methodologies in plan checks; prepares correction notices to applicants as hardcopy or electronic correspondence; does design coordination meetings with design professionals and permit applicants; and researches and looks to implement latest developments in industry standards.

Plans Examiner, City of Redlands, Redlands, CA. Plan checked and reviewed structural design of residential and commercial projects. Ensured that minimum code was established in the plan review stage. Resolved difficult problems with permit applicants and other members of the public regarding building code requirements and City regulations. Coordinated Division processes. Undertook or recommended changes to the processes in order to facilitate Division operations. Supervised, trained, and evaluated permit issuance staff. Prepared and issued comment letters to building permit applicants. Advised of resubmittal guidelines which would lead to approval. Prepared and categorized files, reports, and methods to record Division activities and procedures.

Graduate Structural Design Engineer, Arcadis Design & Consultancy, Doha, Qatar. Oversight of a large portion of five underground railway stations. Ensured alongside the project manager that all design and shop drawings were reviewed and issued to meet client standards and deadlines. Scheduled and monitored the progress of a large team of CAD technicians. Provided dependable engineering and project resourcing resolution in a fast-paced design-build atmosphere. Executed in-house plan checking and design checking. Established design conformance in line with all issued design development and shop drawings. Responded to contractor RFI’s. Attended construction meetings and negotiated feasibility of key delivery dates with the client. Collaborated with contractors, architects, MEP and site engineers to achieve a common directive. Performed detailed review of reinforced concrete structural calculations and advised alternative approaches. Sketched complex concrete steel reinforcement details to be used as expeditious blueprints for urgent site remediation.

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Christian Mui, PE
Plans Examiner
Profile Summary
Education: California State University, Pomona
BS in Civil Engineering
Registration: California Professional Engineer, CE#93226 ICC Plans Examiner
Experience: 6 Years

Mr. Christian Mui is a Willdan Engineering plan check engineer with more than 6 years of experience.

Mr. Mui’s experience includes plan review of numerous projects in compliance with the California Building, Plumbing, Mechanical, and Electrical Codes. Christian reviews solar plans submitted to our electronic plan review portal and is able to complete the reviews within one – two days from date of submission.

Relevant Project Experience

PLAN CHECK
Mr. Mui’s experience includes plan review of numerous projects in compliance with the California Building, Plumbing, Mechanical, and Electrical Codes. Christian reviews solar plans submitted to our electronic plan review portal and is able to complete the reviews within one – two days from date of submission. Plan check projects include university buildings, single and multi-family homes, industrial buildings, commercial warehouses, restaurants, motels, solar plans and numerous tenant improvements.

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Attachment: Willdan Colton Proposal B&S (3892 : Contract Award - Willdan) CITY OF COLTON Plan Review and Building Inspection Services

Dana Reed, CASp
Senior Plans Examiner
Profile Summary
Education: Riverside Community College
Construction Technology
Registration: Certified Access Specialist CASp-#287
ICC Certified Building Inspector, #37018
ICC Certified Plans Examiner, #75985
Experience: 32 Years

Mr. Dana Reed is a Senior Plans Examiner/Deputy Building Official for Engineering. He has more than 30 years of plan review, inspection and construction experience. His extensive experience includes plan review of numerous projects in compliance with the California Building, Plumbing, Mechanical, Electrical, and Fire Codes, as well as review of projects under ADA Title II, OSHPD, and Titles 19 & 25.

Relevant Project Experience
Mr. Reed’s plan check projects include university buildings, single and multi-family homes, industrial buildings, commercial warehouses, restaurants, fitness centers, motels, medical facilities, dialysis clinics, casinos and numerous tenant improvements.

Mr. Reed also has extensive experience in CASp related services including inspections for accessiblity compliance.

Prior to joining Willdan, Mr. Reed served the County of Riverside as a plans examiner for the Building Department and as a building inspector for the Cities of Mission Viejo and Laguna Niguel. In this capacity, he reviewed plans for compliance with County ordinances and State requirements and codes; assisted with permit issuance at the public counter and answered technical questions from design professionals and the general public.

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Attachment: Willdan Colton Proposal B&S (3892 : Contract Award - Willdan) CITY OF COLTON Plan Review and Building Inspection Services

Dominick Taliulu, EIT
Plans Examiner I
Profile Summary
Education: South Dakota School of Mines & Technology
BS in Civil Engineering
Registration: EIT
ICC Building Plans Examiner
Experience: 2 Year

Mr. Dominick Taliulu is a Willdan Engineering plans examiner with 2 years of experience. Mr. Taliulu’s experience includes plan review of numerous projects in compliance with the California Building, Plumbing, Mechanical, Energy, Green Building and Electrical Codes. Dominick reviews solar plans submitted to our electronic plan review portal and is able to complete the reviews within one – two days from date of submission.

Relevant Project Experience

PLAN CHECK
Dominick Taliulu’s experience includes plan review of numerous projects in compliance with the California Building, Plumbing, Mechanical, and Electrical, Green Building, and Energy Codes. Plan check projects include single and multi-family homes, medical clinics, industrial buildings, commercial warehouses, commercial buildings, restaurants, motels, solar plans and various tenant improvements.

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Attachment: Willdan Colton Proposal B&S (3892 : Contract Award - Willdan) CITY OF COLTON Plan Review and Building Inspection Services

Dan Chudy, CASp, CBI
Principal Project Manager
Profile Summary
Education: Brigham Young University
Bachelor of Science, Construction Management
Registration: Certified Access Specialist CASp-#091
ICC Building Official
ICC Plan Examiner
ICC Plumbing Inspector
ICC Combination Inspector
ICC Building Inspector
ICC Fire Inspector
ICC Mechanical Inspector
ICC Electrical Inspector
CalGreen Inspector
ICC Permit Technician
LEED Accredited Professional
Experience: 30 Years

Mr. Chudy has more than 30 years of municipal Building and Safety experience. He has extensive experience in managing engineering and technical staff and served as the Building Official/Assistant Building Official for plan check and inspection services. Dan has received a number of awards during his tenure in the Building and Safety field including Building Inspector of the Year, Building Official of the Year and a two-time recipient of the California Building Department of the Year Award.

Dan has been a member of the State Historical Building Safety Board for more than 20 years and has written a book on the subject titled “California Historical Building Code Commentary.

Relevant Project Experience
Willdan – City of Norco
Mr. Chudy provides building related services including assisting the City with code interpretations, plan review, and field inspections.

City of Riverside
Building Official – Managed the Division of Building and Safety, supervising inspectors, plan checkers, permit technicians, as well as establishing policies and procedures. Also served as the Interim Community Development Director from 2011 to 2012.

City of Corona
Assistant Building Official – Assisted the Building Official in the administration of the Building and Safety Division, supervised various functions of Division staff (plan check, inspection, etc.). Assisted in developing training programs for staff.

City of Corona
Senior Building Inspector – Supervised and directed the activities of the plan check staff, inspection staff and permit counter technician staff. Provided training and code interpretations to Department staff.

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Attachment: Willdan Colton Proposal B&S (3892 : Contract Award - Willdan) CITY OF COLTON Plan Review and Building Inspection Services

Daniel Crawford, CASp, CBO
Plans Examiner/Building Inspector/CASp Specialist
Profile Summary
Education: College of the Desert, Palm Desert, CA
AA, Construction Management
AA, Business Supervision & Management
Registration: Certified Access Specialist CASp-#276
ICC Plans Examiner
ICC Commercial Building Inspector
ICC Residential Building Inspector
ICC Residential Electrical Inspector
California General Building Contractor
PC832 Level III Certification
Experience: 33 Years

Mr. Daniel P. Crawford Jr., is a Willdan Engineering CBO, CASp, plans examiner and building inspector with more than 33 years of experience including 25 years in Building and Safety. Mr. Crawford’s experience includes plan review of numerous projects in compliance with the California Building, Residential, Pl umbing, Mechanical, Electrical, Energy, and Green Codes as well as providing inspections for residential, commercial, and industrial buildings. Mr. Crawford also has extensive experience in CASp related services including plan review and inspections for accessibility compliance.

Relevant CBO Experience
Mr. Crawford is a Certified Building Official completing his examinations in July 2020. With 25 years of Municipal Building Department service and 8 years private residential project management and construction, Mr. Crawford has established a well-rounded understanding and daily application of Building Department Administration. Work experiences in both private industry and municipal cities has contributed to his appreciation in both receiving and providing excellent customer services. Mr. Crawford is a valued team member that has the versatility to perform all Building Department Services assigned.

Relevant Project Experience
Daniel provides CASp plan review and inspection services to a number of our municipal clients. Projects include:
▪ Residential Multi-family
▪ Commercial
▪ City Parks
▪ Precise Grading Plan Review
Relevant Plan Review Project Experience
Mr. Crawford’s experience includes plan review of numerous projects in compliance with the California Building, Residential, Plumbing, Mechanical, Electrical, Energy, Green and State Codes, that include:
• Residential
• Commercial
Relevant Inspector Project Experience
Mr. Crawford has 25 years’ experience performing Municipal combination lead building inspect or assignments to include but not limited to all phases of residential, commercial, and industrial development to include:
• Hotels
• Multi-Family
• Commercial
• Residential

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Attachment: Willdan Colton Proposal B&S (3892 : Contract Award - Willdan) CITY OF COLTON Plan Review and Building Inspection Services

Richard Shields, CBI, CBO
Building Official
Profile Summary
Education: Riverside City College, Construction Technology Registration: Certified Building Official, International Code Council Certified Building Inspector, International Code Council Certified Plumbing Inspector, International Code Council Certified Mechanical Inspector, International Code Council Certified Electrical Inspector, International Code Council Experience: 32 Years

Mr. Richard Shields serves as Principal Project Manager for Willdan Engineering serving the Southern California area. In this capacity, Mr. Shields serves as Building Official for numerous cities and municipalities including March JPA, Morongo Band of Mission Indians, City of Loma Linda, and City of Banning. His duties also include the placement of experienced inspectors to fill inspection needs in cities and agencies, providing complex inspections on residential commercial and industrial projects, coordination of condition s of approvals for city projects, and managing project contracts.

Mr. Shields has extensive experience in managing technical staff including building inspector, code enforcement officers and permit counter technicians. He has more than 25 years of Buildin g and Safety experience including Building Official services, building inspection, code compliance and overseeing permit counter services.

Prior to joining Willdan, Richard served as Director of Community Development and Building Official for the City of Grand Terrace. During his tenure with the City, he was responsible for reviewing plan submittal packages, ordinance adoption, budget and policy preparation. He also oversaw and scheduled building inspections and set project conditions of approval, ensuring compliance with California Code regulations and Municipal Code regulations. His responsibilities included conduction inspections on commercial and residential projects, assisting citizens and the development community with technical and general questio ns brought to the Building and Safety counter.

Mr. Shields also served as Building Official for the City of Highland. In this capacity, he managed the Building and Safety Division and Code Compliance Division. Responsibilities included supervision of Div ision staff, building inspections, budget preparation, ordinance adoption and policy preparation. Further duties included the creation of a high fire zone ordinance in the foothills of the City and providing information to the California Fire and Forestry Department on fire code compliance issues.

Relevant Project Experience
Building and Safety Services, Various Agencies, CA. Building Official. Provided building official services, plan check services and inspection services to various agencies in Southern California. ▪ City of Adelanto
▪ City of Banning
▪ City of Beaumont
▪ City of Big Bear Lake
▪ City of Brea
▪ City of Chino Hills
▪ City of Coachella
▪ City of Colton
▪ City of Fontana
▪ City of Grand Terrace
▪ City of Highland
▪ City of Loma Linda
▪ March Joint Powers Authority
▪ City of Moreno Valley
▪ Morongo Band of Mission Indians
▪ City of Norco
▪ City of Palm Desert
▪ City of Rancho Mirage
▪ City of Redlands
▪ City of Ridgecrest
▪ City of San Bernardino

Plan Check and Inspection Services, University of California, Riverside. Building Inspector Supervisor. B&S plan check and inspection/civil plan check for the Dundee Residence Hall and Glasgow Dining.

Building and Safety Services, Soboba Tribal Gaming Commission. Building Inspector. Willdan reviewed construction plans and specifications to determine compliance with applicable codes and consistency with contract requirements for the Soboba replacement casino and hotel, which included a 200 -room hotel, pool, two restaurants, a food court and sports bar, a 15,000-sq. ft. banquet and meeting facility for conferences and special events. The following reviews were conducted: Building/Structural, Electrical, Mechanical, Plumbing, Life Safety, Fire, OSHA, and ADA.

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Attachment: Willdan Colton Proposal B&S (3892 : Contract Award - Willdan) CITY OF COLTON Plan Review and Building Inspection Services

David Lackyard
Senior Building Inspector
Profile Summary
Registration: ICC Combination Inspector
Experience: 18 Years

Mr. Lackyard has more than 18 years of experience in the construction and building industry. He has extensive experience in inspection services and architectural plan review. His inspection expertise includes complete fire-life safety building code enforcement, model codes in plumbing, mechanical and electrical as well as the California Building Standards, Title 24 Energy Standards, Accessibility, and ADA requirements. David also is proficient in CAD drafting and design.

Relevant Project Experience

Willdan – Inspection Services
Mr. Lackyard has provided building inspection services to various municipalities including:
▪ City of Grover Beach
▪ City of Highland
▪ City of San Bernardino
▪ March Joint Powers Authority
▪ Morongo Band of Mission Indians

Willdan – Plan Review Services
Mr. Lackyard provides building plan review services for a number of municipalities including:
▪ City of Moreno Valley
▪ City of Norco
▪ City of Fontana
▪ City of San Bernardino
▪ County of San Bernardino
▪ City of Highland
▪ City of San Luis Obispo

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Attachment: Willdan Colton Proposal B&S (3892 : Contract Award - Willdan) CITY OF COLTON Plan Review and Building Inspection Services

Anthony David
Building Inspector
Profile Summary
Education: Business Management, DeVry University, Pomona, CA Architecture Design and Technical Rio Hondo Junior College, Whittier, CA Registration: ICC Commercial Building Inspector
ICC Commercial Building Inspector
ICC Special Inspector
SI 86 Spray-applied
ICC Fireproofing
Concrete Field-Testing
Technician, Grade 1, ACI
Experience: 21 Years

Mr. Anthony David is a Willdan Engineering senior building inspector with 21 years of experience. He is well versed with residential, commercial, and industrial plan reviews, inspections, techniques, materials, and equipment employed in the building construction trades.

Relevant Project Experience

Willdan Engineering, California.
▪ City of Banning Building & Safety Services
▪ City of Colton Building & Safety Services
▪ City of Grand Terrace Building & Safety
▪ City of Loma Linda Building & Safety
▪ City of Moreno Valley Building & Safety
▪ City of Ontario Building & Safety
▪ City of Orange Building Official
ALVD Consulting, Chino Hills, California. Project Manager. Attended construction meetings, logged, and responded to RFIs, and Contractor submittals. Led job walks, collaborated with contractors, and prepared estimates, and contracts. Streamlined construction documents utilizing California building codes, international building codes, Office of Statewide Health Planning and Development, Veterans Affairs, Health and Human Services Agency Department of Social Services, and Health Department design standard procedures. Utilized QA/QC planning activity techniques to ensure construction adhered to and complied with specifications.

Xonsulted with clients to adhere to budgets and schedules. Prepared estimates, contracts, invoices, and timelines and milestones for projects.

RM Construction, Ontario, California. Construction Project Manager. Managed day-to-day construction activities and interacted with local agency Inspectors. Utilized QA/QC planning activity techniques to ensure construction adhered to and complied with the documents and specifications. Att ended job walks, prepared takeoffs, and estimates, and responded to RFP criteria, and prepared proposals, contracts, daily journals, budget reports, RFIs, and change orders. Prepared timeline and milestones for new projects and coordinated project milestones of multiple projects with subcontractors.

Nadel Architects, Ontario, California. Project Manager. Utilized QA/QC planning activity techniques to ensure the construction adhered and was in compliance with the specifications. Attended construction meeti ngs and logged and responded to RFIs and Contractor submittals. Prepared design sketches for new commercial projects and prepared specifications manuals for new projects.

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Attachment: Willdan Colton Proposal B&S (3892 : Contract Award - Willdan) CITY OF COLTON Plan Review and Building Inspection Services

Javier Nolasco
Sr. Building Inspector
Profile Summary
Education: Norco Community College, Norco, CA
Certificate of Completion, Architecture
Registration: Building Inspector Certificate UBC: #5297294-60 Certified Plans Examiner UBC #5297294-60
Combination Dwelling Inspector-Uniform Codes: #5297294-56 ICC Plans Examiner: #5297294-B3
ICC Building Inspector: #5297294-B5
ICC Commercial Plumbing Inspector
Experience: 13 Years

Mr. Javier Nolasco is a Willdan Engineering Senior Building Inspector with more than 13 years of experience. Mr.

Nolasco is available to provide commercial and residential building inspection services to our Southern California clients.

Relevant Project Experience
Various Jurisdictions - Sr. Combination Building Inspector ▪ Inspect construction from conception to finish, interpret and work from blueprint plans, architect drawings, and specifications. Entered inspections results using city’s software. ▪ Work close with engineers, developers, architects, contractors, city hall personnel and property owners.
▪ Inspect different phases of commercial, residential, and industrial structures. ▪ Serve as liaison with architects, contractors, state, and local jurisdictions and provide personnel and the community with information on matters related to new developments commercial and residential.
▪ Perform complex combination building inspections for commercial and residential developments.
▪ Knowledge and skillful to perform Hight-End custom homes, track construction, and mix occupancies inspections.
▪ Knowledge of Windows Programs such as MS Word, Excel, PowerPoint, Publisher, Microsoft Outlook, (CAD) Computer-Aided Drafting, RIVET-Architecture program. Inspections software, Sapin, TRAC-Traket among others.
▪ Effective team player with strong and exceptional communication and interpersonal skills; bilingual English/Spanish
▪ Dynamic individual who provides quality service to enhance the safety, livability, and prosperity of our community.
▪ Dedicated to the development of better building construction and greater safety to the public.

City of Santa Ana/Combination Building Inspector
▪ Perform inspections and testing of new and existing commercial and residential structures throughout the city in all phases of construction, alteration, and repair, to ensure compliance with municipal, state, and national codes and laws.
▪ Examined plans and performed field inspections of the work represented by the plans, for commercial, industrial, and residential buildings and structures, to determine compliance with applicable codes and laws relating to new and existing construction. ▪ Made judgments of the acceptability of all construction work, and I provided professional advice to developers, architects, contractors, engineers, homeowners, city staff, and the public. ▪ Responded to citizen complaints, issue citations and prepared criminal complaint files. ▪ Inspected methods and practices for the installation of structural components, fire and life safety features and systems, electrical, plumbing, and mechanical equipment and syste ms.

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Attachment: Willdan Colton Proposal B&S (3892 : Contract Award - Willdan) CITY OF COLTON Plan Review and Building Inspection Services

Joe F. Rosales
Sr. Building Inspector/Plans Examiner
Profile Summary
Education: Bachelor of Science, Organizational Management, University of La Verne Education Teaching Credential, Long Beach State University Registration: ICC Building Inspector
Experience: 27 Years

Mr. Joe Rosales has been involved with construction industry for over 27 years and is an accomplished Inspector through ICC. Mr. Rosales is available to assist Southern California jurisdictions with their building inspection needs. Joe is also fluent in Spanish and has strong computer skills.

Relevant Project Experience
Building Inspection Services, Various Agencies, CA. Inspector. Currently provides building inspections for the following agencies as well as others on an as-needed basis:
▪ City of Colton
▪ City of Cudahy
▪ City of La Puente

City of Los Angeles, Department of Building & Safety (1984-2000): Senior Building Inspector. Served as the liaison between the Mayor’s office, the Council offices, contractors and the general public.

Enforced all aspects of new construction and code enforcement, as per the Building, Plumbing, Electrical, and Mechanical Code, through a small staff of Inspectors, handling the more complicated cases directly. Served six (6) years in the Investigations Division handling internal and external special investigations working in conjunction with the Los Angeles Police Department, City Attorney’s Office, and the Judicial System. Responsible for over-the-counter plan checking and approvals. Provided training for inspectors and inspection staff.

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Attachment: Willdan Colton Proposal B&S (3892 : Contract Award - Willdan) CITY OF COLTON Plan Review and Building Inspection Services

Cortney Croslin
Permit Counter Technician
Profile Summary
Registration: ICC Permit Technician (pending)
Experience: 3 Years

Ms. Cortney Croslin has extensive experience in permitting/plan processing operations of building and engineering departments and is available to assist jurisdictions with permit counter services. Ms. Croslin has excellent customer service skills and is familiar with a variety of software programs.

Relevant Project Experience
WILLDAN – City of Colton, Permit Counter Technician
▪ Customer support at the counter and over the phone
▪ Permit application review to ensure completeness and accuracy ▪ Fee calculation
▪ Building permit processing and issuance
▪ Public assistance in completing permit applications
▪ Verification that projects have obtained all necessary approvals prior to permit issuance ▪ Applicant notification when construction documents and/or permits are ready for pick-up or issuance
▪ Coordination and routing of construction documents to the appropriate City staff for plan review and approval
▪ Resolution of resident inquires and complaints
▪ Records maintenance, document preparation for storage and or imaging

City of South Lake Tahoe – Permit Counter Technician
Responsible for:
▪ Plan and permit processing of building and safety projects ▪ Issuing building permits
▪ Scheduling inspections for building inspectors
▪ Customer Service
▪ Filing

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Attachment: Willdan Colton Proposal B&S (3892 : Contract Award - Willdan) CITY OF COLTON Plan Review and Building Inspection Services

Lauren Scrima
Sr. Permit Technician
Profile Summary
Registration: ICC Permit Technician
Experience: 6 Years

Ms. Lauren Scrima is available to assist our Southern California clients with permit technician services.

Ms. Scrima has more than 6 years municipal permit technician experience and is familiar with a variety of permitting software programs.

Relevant Project Experience
Various Municipal Jurisdictions - Permit Technician.
▪ Educated customers regarding necessary permits and general code compliance of proposed projects
▪ Received and reviewed building applications from customers ▪ Assessed scope of project and relevant permit requirements ▪ Verified that projects have obtained all necessary approvals ▪ Verified professional and contractor licensing
▪ Calculated and verified valuations and fees
▪ Issued permits as authorized
▪ Tracked plan check applications from submission until approval and routed plan checks to appropriate personnel
▪ Logged inspection requests and prepare field files for daily inspection for building inspections
▪ Prepared Certificate of Occupancy as required
▪ Assisted building inspectors in coordinating inspection requests ▪ Performed clerical duties for building departments as requested

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Attachment: Willdan Colton Proposal B&S (3892 : Contract Award - Willdan) CITY OF COLTON Plan Review and Building Inspection Services

Sharon Barrett
Sr. Counter Technician
Profile Summary
Education: Crafton Hills College, Yucaipa
Mt. San Jacinto College, San Jacinto
Over-the-Counter Plan Check Permit Technician 2, CBO Training Institute Registration: ICC Permit Technician
Experience: 12 Years

Ms. Sharon Barrett has extensive experience in permitting/plan processing operations of building and engineering departments.

Relevant Project Experience
Cities of Loma Linda, Banning and Desert Hot Springs.

Senior Permit Technician responsible for:
▪ Plan and permit processing of building and safety projects ▪ Issuing building permits
▪ Scheduling inspections for building inspectors
▪ Customer service
Willdan-San Bernardino Office. Permit Technician responsible for:
▪ Plan processing of public works and building and safety projects for city and county jurisdictions ▪ Monthly reports for all current public works projects and hourly fees associated with projects ▪ Customer relations for private contractors, developers, and city and county jurisdictions Willdan-Sacramento Office. Permit/Accounts Technician responsible for:
▪ Facilitating plan check review activities for city and county jurisdictional projects and CSU projects consisting of small tenant improvements to large multi-million-dollar structures ▪ Calculating applicable fees
▪ Tracking plan check processes from submission until approval; routing plans to appropriate personnel
▪ Performing related duties as assigned
▪ Maintaining records and preparing reports as required ▪ Assisting and advising clients relating to plan check requirements and status of submitted projects ▪ Accepting payments for services

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Attachment: Willdan Colton Proposal B&S (3892 : Contract Award - Willdan) (BB&K 2018)
23152.06000\30453088.2 Exhibit “C”-1

CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 20th day of December, 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 Willdan Engineering, a Corporation with its principal place of business at 650 Hospitality Lane, Suite 250, San Bernardino, CA 92408 (“Consultant”),City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing; building plans review (both building and planning ), permits counter support and inspection 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 plans review (both building and planning), permit counter support and inspection services consulting services for the Building & Safety Division 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 February 1, 2023 to February 1, 2024, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement for no more than two additional one-year terms, subject to budgetary approval by the City Council. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates . The

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Attachment: Colton - Professional Services Agreement (2022-2023) (3892 : Contract Award - Willdan) Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the 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 security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Up on 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 ref use 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 prom ptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Patrick Johnson, Director of Building and Safety, Willdan Engineering.

3.2.5 City's Representative. The City hereby designates Ramon Hernandez, Building Official, or his 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 Patrick Johnson, Director of Building and Safety, or his designee, to act as its representative for the

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Attachment: Colton - Professional Services Agreement (2022-2023) (3892 : Contract Award - Willdan) performance of this Agreement ("Consultant's Representative"). C onsultant'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, a nd shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.8 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 Agree ment, 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 infor med 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 failur e or alleged failure to comply with such laws, rules or regulations.

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Attachment: Colton - Professional Services Agreement (2022-2023) (3892 : Contract Award - Willdan)

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 Agreeme nt, 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 un der 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.

3.2.10.1 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 foun d 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.

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Attachment: Colton - Professional Services Agreement (2022-2023) (3892 : Contract Award - Willdan) powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its sub-consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

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

3.2.11 Insurance.

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

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 ma intain 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 proper ty damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’

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Attachment: Colton - Professional Services Agreement (2022-2023) (3892 : Contract Award - Willdan) 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 s hall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.

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

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

3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(A).
(B) Automobile Liability . The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, an d 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 ins urance coverage shall be primary insurance as respects the City, its directors, officials, officers,

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Attachment: Colton - Professional Services Agreement (2022-2023) (3892 : Contract Award - Willdan) employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. An y 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.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy, which arise from work performed by the Consultant. (D) All Coverages . Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

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

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 l osses 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 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.

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

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

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

3.2.12 Water Quality Management and Compliance.

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

3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and 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.

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 warr ants 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, regula tions, a nd ordinances listed in Section 3.2.14.2 of this Agreement is a violation of federal and state law.

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

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(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. Con sultant 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 co mpensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed one-hundred thirty-five thousand dollars ($135,000) as per approved annual budget, without written approval of the City Council or City Manager , as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

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

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

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

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

3.4 Labor Code Requirements.

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

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Attachment: Colton - Professional Services Agreement (2022-2023) (3892 : Contract Award - Willdan) 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 "main tenance" 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 P revailing 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; classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being pe rformed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the sa me 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.

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

3.5 Accounting Records.

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3.6 General Provisions.

3.6.1 Termination of Agreement.

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

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

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

Consultant: Willdan Engineering
650 Hospitality Ln., Suite 400
San Bernardino, CA 92408
ATTN: Patrick Johnson, Director of Building and Safety City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: Mark R. 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.

3.6.3 Ownership of Materials and Confidentiality.

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Attachment: Colton - Professional Services Agreement (2022-2023) (3892 : Contract Award - Willdan) 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 retain or f ail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

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

3.6.3.3 Right to Use . City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a 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 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 o r liable, or anyone approved by the Consultant.

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the perform ance of the Services. Nor shall such materials be disclosed to

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Attachment: Colton - Professional Services Agreement (2022-2023) (3892 : Contract Award - Willdan) 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.

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 sh all not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

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

3.6.5 Indemnification.

3.6.5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the Ci ty, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Se rvices, 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 proceed s, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.5.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate t o 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,

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

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

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

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

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

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

3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. 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 shal l 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.

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

3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of 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, off icer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

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

3.7 Subcontracting.

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

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SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF COLTON AND WILLDAN
ENGINEERING.

CITY OF COLTON Willdan Engineering
a Corporation

By: ____________________________ By: _________________________ William R Smith Patrick Johnson
City Manager Director of Building and Safety

Attest:

____
Carolina R. Padilla
City Clerk

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Attachment: Colton - Professional Services Agreement (2022-2023) (3892 : Contract Award - Willdan) EXHIBIT "A"

SCOPE OF SERVICES
Plan Review Services
Building Plan Review Services: Upon referral by City, Consultant shall review building plans for compliance with the City’s adopted version of the California Building Code (to include its appendices and standards), California Residential Code, Green Building Standards Code, California Mechanical Code, California Electrical Code, California Plumbing Code, and the Accessibility, Noise Limitation and Energy Efficiency Standards requirements, as mandated by the California State Standards Commission, Title 24 and all applicable City Ordinances. Plan Review for Disabled Access Compliance will include a review of precise grading plans.

All plan check will include compliance with code requirements as well as an overview of the application package for other applicable requirements such as approvals from other local agencies and districts and coordination with other City departments. All plan review will comply with the City’s directives, codes and policies.

Plan check will include a review of any or all of the following design elements as determined by the City:
 Architectural
 Fire/Life-safety
 Plumbing
 Mechanical
 Structural
 Electrical
 Energy Conservation Regulations (Title 24)
 Disabled Access Regulations (CBC) and CASp
 Green Building Standards
 Water Efficient Landscape Ordinance
Consultant shall provide two complete typewritten plan check letters which outline the documents reviewed, instructions to the applicant regarding the processing of documents, and a listing of plan check comments. The plan check comments will refer to appropriate sheets, details or calculation pages and the code section of concern. Comments shall specify any apparent code violation. At the City’s discretion, plan check comments, plans and documents shall be returned directly to the designers until such time as plans are approved.

Consultant staff shall provide delivery service at no additional cost to City. Consultant will supply the City with plan bags and shipping labels, as well as Consultant’s FedEx and OnTrac account numbers.

Plan review status shall be accessible on Consultant website 24 hours a day.

Electronic plan review services shall be provided by Consultant at no additional cost to City or

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Plan reviwers shall schedule meetings during work hours to discuss and clarify plan check issues with designers, owners and contractors. Resolutions of code issues may also be accomplished by telephone and/or email as well as scheduled meetings prior to resubmitting corrected plans and documents. Inquiries shall be responded to within one day.

Inspection Services:

Inspection Services: Consultant shall provide building inspection services upon request by the City. Inspection staff will be available to meet with City staff, builders, developers, and citizens to provide assistance and resolve any inspection issues that arise. Inspectors shall attend and participate in any required meetings with other City inspection and plan review staff, property owners, contractors and/or design professionals.

Inspectors will review the permit package to verify that on-site condition is consistent with the appropriate records for square footage, setbacks, height, and other requirements that may be applicable. Inspectors will comply with the City’s procedures for reporting inspection results, use City inspection correction forms, make appropriate entries onto the permit documents, and follow City procedures prior to finalizing a building permit.

Consultant shall verify that all inspection records, including daily records of what was inspected, be recorded on the job card, and permit coy be entered into the City’s building permit tracking system (HdL). Consultant shall employ such techniques as necessary to minimize delays to builders and provide helpful advice and counsel to builders, owners, engineers and architects as to enhance the orderly flow of the construction process, yet maintaining an effective level of enforcement. Inspectors shall ensure that any construction changes are documented and approved by appropriate City staff.

Consultant shall provide CASp certified inspectors to the City upon request.

Counter Support Services :

Permits Counter Support Services : Upon request, with 24 hours advance notice, Consultant shall provide an on-call Permits Technician to provide services to the Development Services Permits Counter.

Planning Review of Building Plans Services:

Planning Review of Building Plans: Upon request, Consultant shall provide planning review of building plans. Planning review services shall include review of building plans for compliance with Zoning Code development standards, conditions of approval on previously approved discretionary permits, subdivision map conditions of approval, Development Agreement provisions, and mitigation measures from adopted environmental documents

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EXHIBIT “B”

SCHEDULE OF SERVICES

Plan Review Services

TYPE OF PROJECT INITIAL REVIEW SUBSEQUENT REVIEWS
Minor Plan Check 3 working days 1 – 2 working days
Single Family Residence 5 working days 2 – 3 working days Commercial projects less than
$1 million valuation

10 working days

5 – 8 working days
Commercial projects more
than $1 million valuation

10 working days

5 – 8 working days

SOLAR PLAN REVIEW
The turn-around schedule for these plans will average one to two business days. If requested by City, Consultant will electronically stamp the plans “approved” as well.

Inspection Services
Consultant shall provide inspection services upon a minimum 24-hour notice by City. City will make every effort to provide as much advance notice as feasible, upon being made aware of staff vacation schedules, etc. In unforeseen circumstances (e.g., City Inspector calls in sick), Consultant will make every effort to provide same-day inspection services.

Planning Review of Building Plans Services
Services provided upon request with 72 hours advance notice. Plan review schedule shall be consistent with the above Plan Review Services schedule.”

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Packet Pg. 273
Attachment: Colton - Professional Services Agreement (2022-2023) (3892 : Contract Award - Willdan)

EXHIBIT “C”

COMPENSATION

SERVICE PROVIDED FEE
Plan review for projects with a valuation of
less than $1,000,000

70% of fee collected by City
Plan review for projects with a valuation of
$1,000,000 - $5,000,000

60% of fee collected by City
Plan review for projects with a valuation
greater than $5,000,000

50% of fee collected by City
Plan review hourly $125/hour
Inspection $ 85/hour
Front Counter Support $ 60/hour
Planning Plan Review $120/hour

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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Packet Pg. 274
Attachment: Colton - Professional Services Agreement (2022-2023) (3892 : Contract Award - Willdan)

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28 RESOLUTION NO. R-120-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON AMENDING THE FY20 22-23 BUDGET FOR PURPOSES OF FUNDING BUILDING & SAFETY

SUPPORT SERVICES

WHEREAS, on December 20, 2022 , the City of Colton entered into a Professional Services Agreement (PSA) with Willdan Engineering to provide support services to the Building & Safety Division for an annual fee of $1 35,000, including building plan review, inspection and permit technician support services, as needed; and

WHEREAS, for purposes of funding the contract services, it is deemed necessary to appropriate $115,000 to the Building & Safety Divisions Professional Services budget (Expenditure Account No. 100-6300-6302-2350-000-0000); and

NOW, THEREFORE, BE IT RESO LVED that the City Council of the City of Colton does hereby find, determine and declare as follows:

SECTION 1. The FY2022-23 budget is hereby amended to increase appropriations in General Fund Building Division Professional Services Expenditure Account No. 100-6300-6302-2350-000-0000 by $115,000.00.

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Packet Pg. 275
Attachment: Resolution No. R-128-22_Budget Amendment (3892 : Contract Award - Willdan)

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28 PASSED, APPROVED, AND ADOPTED this 20th day of December, 2022.

____________________________________

FRANK NAVARRO
Mayor

ATTEST:

______________________________
CAROLINA R. PADILLA
City Clerk

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Packet Pg. 276
Attachment: Resolution No. R-128-22_Budget Amendment (3892 : Contract Award - Willdan)

ITEM NO. 11

STAFF REPORT

DATE: DECEMBER 20, 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 RECORDATION OF GRANT OF EASEMENT FOR THE ELECTRIC UTILITY AT 602 AGUA MANSA.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Accept and approve the recordation of grant of easement for electric purposes at 602 Agua Mansa.

BACKGROUND

The Historical Society of Colton consists of one historic home, for which an application for electric service connection for the building was submitted. This project is located at 60 2 Agua Mansa Rd (APN: 0163-452-09).

ISSUES/ANALYSIS

For this application, the owner constructed or will construct the electric improvements necessary for this project. In order to maintain the new electric utility service at t his location, the owner of this property needs to provide an easement to Colton Electric. The owner has agreed to grant easement to the City of Colton as shown on the attached exhibit. The purpose of th is easement is for access, repair, and maintenance of the electric improvements. The description and location of the easement is shown in Exhibit A (Historical Society of Colton).

FISCAL IMPACTS

This action will not have a financial impact to the City. 11 Packet Pg. 277
Staff Report to the Mayor and City Council
Easements - Electric Utility
December 20, 2022

Page 2 ends

Colton City CouncilDecember 20, 2022

Colton City Council
December 20, 2022