Colton City Council
July 18, 2023

FISCAL IMPACTS
None.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Fund Number and Title Legend

2. Voucher lists

3. Voucher lists.continued

4. Payroll Registers
5 Packet Pg. 442
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 COMMUNITY CHILD CARE 703 CFO 87-1 DEBT SERVICE
209 DSF FLY CONSERVATION 704 CFO 87-1 CONSTRUCTION
210 SPECIAL GAS TAX 707 CFO 88-1 DEBT SERVICE
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 POLLUTION REDUCTION FUND 733 CFO 89-1 CONSTRUCTION
215 COMMUNITY DEV ACT FUND 734 CFO 89-2 CONSTRUCTION
216 CDBG HOUSING REHAB FUND 744 CFO 89-1 DEBT SERVICE
217 DRUG/GANG INTERVENTION 745 CFO 89-2 DEBT SERVICE
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 COMPENSATION
240 HOST CITY FEES - CIP 781 CFO 90-1 DEBT SERVICE
247 Quimby In Lieu Fees 782 CFO 90-1 CONSTRUCTION
248 PARK DEVELOPMENT FUND 850 Redevelopment Obligation Retirement Fund 249 TRAFFIC IMPACT FUND 851 Successor Agency Administration 250 NEW FACILITIES DEVELOPMENT FEE 855 Housing Auth - RM PARK DEVELOPMENT 251 CIVIC CENTER DEVELOPMENT FEE 856 Housing Auth - RANCHO MED BOND PROCEEDS 252 FIRE FACILITY 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 ECONOMIC DEVELOPMENT
332 1971 SEWER BONDS, A & C 867 Consolidation Proj_08-09 350 PFA Debt Fund 870 Housing Auth - RM PARK OPERATIONS 357 POB-Non Enterprise 871 Successor Agcy-RANCHO/M ILL PROJECT AREA 358 PENSION OBLIGATION DEBT SERVICE 872 Successor Agcy-RANCHO/MILL DEBT SERVICE 359 CORP YARD DEBT SERVICE 873 Successor Agcy-RDA II PROJECT FUND 363 1978-2 ASSESSMENT DIST. 874 Housing Auth - LOW/MOD DEBT SERVICE 364 WATER IMPRVMNT DIST A 875 Housing Auth - LOW/MOD BOND PROCEEDS 379 AD 1979-1 DEBT SERVICE 876 Successor Agcy-SANTA ANA RIV BND PROCEED 427 AD 94-1 CONSTRUCTION 877 Successor Agcy-SANTA ANA RIVER CIP 450 Capital Improvement Projects 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 CAPITAL IMPROVEMENT 882 Successor Agcy-MT VERNON CIP 469 EQUIPMENT REPLACEMENT 885 Successor Agcy-MT VERNON DEBT SERVICE 520 ELECTRIC UTILITY 886 RDA ADM INISTRATION
521 WATER UTILITY 887 COOLEY RANCH - now 894
522 WASTEWATER 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 Successor Agcy-RDA I DEBT SERVICE FUND 526 PUBLIC BENEFIT FUND 892 Successor Agcy-RDA I - CAPITAL PROJECTS 527 WASTEWATER UTILITY - GRAND TERRACE 893 Successor Agcy-RDA II DEBT SERVICE FUND 551 WATER DEVELOPMENT 894 Successor Agcy-COOLEY RANCH PROJECT 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 SERVICES FUND 898 Housing Auth - LOW/MOD CAPITAL PROJECTS 607 INSURANCE FUND 899 Successor Agcy-WEST VALLEY PRJ - DBT SV 608 AUTOMOTIVE SHOP 941 GENERAL LONG-TERM DEBT
610 AUTOMOTIVE SHOPS 958 GENERAL FIXED ASSETS
990 GASB 34

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Packet Pg. 540 Attachment: Payroll Registers (4106 : Warrants - Accounts Payable) ITEM NO. 6

STAFF REPORT
DATE: JULY 18, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: ACCEPT REAL PROPERTY FROM ELSINORE VALLEY
MUNICIPAL WATER DISTRICT (EVMWD), RESOLUTION NO. R65-23.

RECOMMENDED ACTION
Staff recommends that the City Council take the following action:

Accept 1,238 square feet (0.029 Acres ±) of real property along the south side of Barton Road, east of former Terrace Avenue from Elsinore Valley Municipal Water District (EVMWD).

BACKGROUND
On December 14, 2021, the City’s Planning Commission approved the construction of two new warehouse buildings, totaling 960,040 square feet and Tentative Parcel Map (PM) No. 20146 to consolidate multiple legal lots into two (2) separate legal parcels. On October 4, 2022, the City Council, via a Public Hearing, approved the right-of-way vacation of portions of Terrace Avenue and De Berry Street, pursuant to California Streets & Highways Code, Section 8320 et seq. PM 20146 encompasses 16.163 gross acres. On March 07, 2023, the City Council accepted final Parcel Map No. 20146 for recordation.

ISSUES/ANALYSIS
As part of the Barton Road Logistics Center development, owned by Pacific West Management, A California General Partnership, Producer Industrial Partners, LLC, and Robert J. Neal and Bernarda A Neal Revocable Trust, Elsinore Valley Municipal Water District agreed to grant the City of Colton all the right, title, and interest in and to the real property legally described and depicted in Exhibit A attached hereto via a quitclaim. This quitclaim deed is intended to correct 6 Packet Pg. 541
Staff Report to the Mayor and City Council
Accept Real Property - EVMWD
July 18, 2023

property boundary lines and facilitate the widening of Barton Road fronting the Barton Road Logistics Center.

FISCAL IMPACTS
Public improvements constructed as part of the widening of Barton Road associated with this quitclaim deed will be funded by the developer and further be maintained by the City with the annual maintenance budget.

ALTERNATIVES
Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - Quitclaim Deed (EVMWD)

2. Resolution No. R-65-23
6 Packet Pg. 542

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Packet Pg. 543 Attachment: Exhibit A - Quitclaim Deed (EVMWD) (4120 : Accept Real Property - EVMWD)

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Packet Pg. 544 Attachment: Exhibit A - Quitclaim Deed (EVMWD) (4120 : Accept Real Property - EVMWD)

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Packet Pg. 545 Attachment: Exhibit A - Quitclaim Deed (EVMWD) (4120 : Accept Real Property - EVMWD)

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Packet Pg. 546 Attachment: Exhibit A - Quitclaim Deed (EVMWD) (4120 : Accept Real Property - EVMWD) 100025\16713904v3

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by that certain Quitclaim Deed dated May 26, 2023 contained within, from Elsinore Valley Municipal Water District, a California special district, is hereby accepted by the undersigned officer on behalf of the City of Colton, a California municipal corporation, pursuant to authority conferred by resolution of the City Council of the City of Colton adopted on the 18th of July, 2023, and the grantee consents to recordation thereof by its duly authorized officer.

THE CITY OF COLTON, a municipal corporation
By: __________________________
STEPHANIE M. VARGAS
Deputy City Clerk
Dated: ________________

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Packet Pg. 547 Attachment: Exhibit A - Quitclaim Deed (EVMWD) (4120 : Accept Real Property - EVMWD) 1 2
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RESOLUTION NO. R-65-23

A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA

ACCEPTING INTEREST IN REAL PROPERTY CONVEYED BY THAT CERTAIN QUITCLAIM DEED DATED MAY 26, 2023 CONTAINED WITHIN, FROM

ELSINORE VALLEY MUNICIPAL WATER DISTRICT (EVMWD), A SPECIAL

DISTRICT
WHEREAS, the City of Colton ("City") issued various entitlements and approvals relating to redevelopment of a warehouse logistics center in the Light Industrial (M-1) District in the City (the “Project”); and
WHEREAS, the applicant has requested that the City accept interest in real property conveyed by that certain quitclaim deed dated May 26, 2023 contained within (as described and depicted in Exhibits C-3 and C-4 to this Resolution), from Elsinore Valley Municipal Water District (EVMWD), a Special District; and
WHEREAS, the interest in real property is no longer needed by EVMWD for any purpose; and
WHEREAS, acceptance of interest in real property is in conformity with the City’s General Plan; and
WHEREAS, the Mayor is hereby authorized to execute and deliver quitclaim deeds evidencing city’s acceptance of any interest in the subject real property from the fee owners.

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

SECTION 1. General Plan Consistency. The City Council hereby finds that acceptance of Interest in Real Property via a Quitclaim, as more specifically described and depicted in the attached Exhibits C-3 and C-4, is consistent and in conformity with the Mobility Element of the General Plan of the City of Colton.

SECTION 2. Findings of Quitclaim Deed Area. The interest in real property area to be accepted by the City of Colton via quitclaim deed as described and depicted in Exhibits C-3 and C-4 of this Resolution is not needed by Elsinore Valley Municipal Water District (EVMWD) for any purposes. To support this finding, staff obtained an executed wet-signed original copy of a Quitclaim Deed by EVMWD General Manager, Greg Thomas, dated May 26, 2023.

SECTION 3. Order of Acceptance. Based on the above stated facts, conclusions, and findings, the City Council hereby accepts interest in real property via a Quitclaim Deed for the area described and depicted in Exhibits C-3 and C-4 to this Resolution.

SECTION 6. Recordation of Resolution. The City Clerk is directed to cause a certified copy of this Resolution of Quitclaim Deed to be recorded in the office of the San Bernardino

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County Recorder.

SECTION 7 Effective Date. This Resolution shall become effective immediately upon its adoption.

PASSED, APPROVED AND ADOPTED THIS 18th DAY OF JULY2023. _____________________________
FRANK J. NAVARRO
Mayor
ATTEST:
_____________________________
STEPHANIE M. VARGAS
Deputy City Clerk

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Packet Pg. 549 Attachment: Resolution No. R-65-23 (4120 : Accept Real Property - EVMWD) ITEM NO. 7

STAFF REPORT
DATE: JULY 18, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE A LETTER AGREEMENT FOR GREEN ACRES

ADVERTISING TO PERFORM A BRAND IDENTITY AUDIT AND

NEW BRAND IDENTITY DEVELOPMENT FOR THE
WATER/WASTEWATER DIVISION.

RECOMMENDED ACTION
Staff recommends that the City Council take the following action:

1. Approve the letter agreement for Green Acres Advertising Design to provide a brand identity audit and new brand identity development for the Water and Wastewater division in accordance with Colton Municipal Code 3.08.140(E), and;

2. Provide the City Manager or his designee signing authority to execute any agreements.

BACKGROUND
The City of Colton currently has a contract with Green Acres Advertising Design Inc. for marketing services for the Electric Department and the Public Works & Utility Services Department. The current proposal for brand identity audit and new brand identity development for the Water and Wastewater division is $29,000 which when combined with the existing contract, would exceed the City Manager's $50,000 limit.

The City of Colton Water and Wastewater Divisions have not been through a formal branding process in over twenty (20) years. The last brand logo identified was a water droplet surrounding an incandescent light bulb. Since then, the Electric division completed a branding program in 2015 with a separate logo from Water/Wastewater.
7 Packet Pg. 550
Staff Report to the Mayor and City Council
Agreement - Green Acres Advertising
July 18, 2023

ISSUES/ANALYSIS
Green Acres Advertising Design Inc. has been developing marketing materials for the City of Colton’s electric and water utilities social media campaigns and brand development. Due to their effectiveness in their trade, familiarity with the City of Colton, and consistency with brand marketing, staff recommends utilizing Colton Municipal Code 3.08.140(E) to waive the competitive bidding process.

By completing a brand identity audit, the Divisions will be able to identify an overall united brand direction that encompasses all of the City of Colton Water/Wastewater service offerings.

This would include the creation of a new and redesigned brand identity solution and a comprehensive standards guide for their new identity. The guide will facilitate consistent usage and understanding of the new brand identity for in house and across all customer facing applications.

Once the audit is complete, advertising concepts will be developed that would be utilized in uniforms, trucks, print, online media, bus shelters and any publications requested by the Water/Wastewater Divisions. A creation of a long-format video for introduction of the brand and design will be included along with creation dissemination ready brand resources and guide for vendors media stakeholders, all internal and external uses.

FISCAL IMPACTS
Sufficient appropriations are available in the FY2023-24 adopted budget in Water Utility Fund Expenditure Professional Services Account Number 521-8100-8101-2350-0000-000 (50%) and Wastewater Utility Fund Professional Services Account Number 522-8200-8200-2350-0000-000 (50%).

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. City of Colton Water and Wastewater Brand Identity Scope of Services 7 Packet Pg. 551

Green Acres Design
Brand Identity Project Proposal
Colton Water Department
106 S 10th Street
Colton, CA 92324
Phone: 909-370-6131
Project Title: Brand identity Audit and New Brand Identity Development Project Description:

PHASE I.
#1. Brand Audit: Green Acres will review, research and provide findings related to the existing Colton Water/Waste Water Department brand identity assets and established, historical brand equity and value.

This includes an on-site visit and interviews with key personnel and stakeholders to get a comprehensive snapshot of what is currently being used in all customer facing applications in physical form at the corporate, customer, job-site and on-line or social media environments. In addition, research will be performed to gain additional knowledge into the history of the department, its important regional significance and to ask the questions that would help us gain insight into the future goals and objectives for the utility and for their customers. We will provide a detailed, formal report on a strategic pathway to move forward based on those findings.

Deliverables in this Section:
- Brand Identity Audit Report
#2. Brand Identity System & Messaging Creation: Green Acres will provide strategic brand identity services for the purpose of creating an overall united brand direction that encompasses all of City of Colton Water/Wastewater service offerings. This includes the creation of a new and redesigned brand identity solution (including brandmark and messaging) and a comprehensive standards guide for this new identity. This guide will help facilitate consistent usage and understanding of the new brand identity both in-house and across all customer facing applications. These solutions will be based on findings from item #1.

Deliverables in this Section:
- New Brandmark/Logo Design Additional Design Elements to Support main brand mark - Brand Standards Manual: (Mentioned but not limited to) Brandmark standards, color palette, font usage, type hierarchy treatments, do’s/don’ts, size requirements, safe space, web standards.

7.a
Packet Pg. 552 Attachment: City of Colton Water and Wastewater Brand Identity Scope of Services (4127 : Agreement - Green Acres Advertising) PHASE I. Cost Estimate: $11,000
PHASE II.
#1. Brand Touchpoint Production
In addition to the creation of the brand mark itself, Green Acres will provide consultation, design, and file production for all internal and or customer facing applications of the new brand identity to multiple brand identity elements including but not limited to the list below. This is not a comprehensive list but a suggested list based on previous brand roll-outs performed by Green Acres in other brand identity system creations. Green Acres will act as a brand manager to assist City of Colton Water and Waste Water Department in this transition and provide any production related services, advice, or working with vendors to apply this new look and feel to any and all brand identity pieces.

Deliverables in this Section:
- Corporate Stationery Set: Business Card (up to 50 names), Letterhead, Envelope, Email Signature, Note Card
- Vehicular Brand Application Mock-ups and or treatments - Website and Social Media Brandmarks to support on-line brand efforts #2. Brand Identity Roll-Out and Implementation Support
Green Acres will produce a campaign for the City of Colton to promote and introduce their new brand identity to both internal and external stakeholders. This campaign will focus on the new brand, its meaning, its history, its development process and how it addresses the future needs of the utility and its customers. Solutions may include but not limited to, print ads, social media posts, introductory video or animation.

Deliverables in this Section:
- Advertising Concepts, for utilization in print and online media, bus shelters, publications - Creation of a long-format video for the introduction of the brand - Design and Creation of Video Carrier Piece (Referenced as client provided handheld video player)
- Creation of Dissemination ready Brand Resources and Guide for Use by Vendors, Media, Stakeholders, all internal and external uses.

PHASE II. COST ESTIMATE - $18,000

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Packet Pg. 553 Attachment: City of Colton Water and Wastewater Brand Identity Scope of Services (4127 : Agreement - Green Acres Advertising) ------------------------------------------------------------------------------------------------------------ Development Process
On all materials, Green Acres will present two initial concepts, (at least 3 for initial logo) and a revised concept if required. This proposal includes two rounds of alterations on each item, one round of compliance changes, plus preparing and providing files for final production. Additional alterations will incur additional charges and may affect the project timeline.

Terms and conditions of Proposal Agreement
Copyrights Usage
At time of sale, Green Acres relinquished all rights of finished artwork to City of Colton Water and Waste Water Department, Inc.. Green Acres is prohibited from reselling any artwork sold to City of Colton Water and Waste Water Department
Reservation of Rights
All rights not expressly granted above are retained by Green Acres, including any electronic rights or usage and including, but not limited to, all rights in sketches, comps, or other preliminary materials.

Cancellation and Kill Fees
Cancellation (“kill”) fees are due based on the amount of work completed. A final fee is due within 30 days of notification that for any reason the job is canceled or postponed before the final stage. One hundred percent (100%) of the total fee is due despite cancellation or postponement of the job if the art has been completed. Upon cancellation of kill, all rights to the art revert to Green Acres, and all original art must be returned, including sketches, comps, or other preliminary materials.

Additional Expenses
Additional expenses include individual printing costs, hosting fees if applicable, media purchase, and or stock/ original photography costs.

Permissions and Releases
City of Colton Water and Waste Water Department, Inc. agrees to indemnify and hold Green Acres harmless against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the work at the request of City of Colton Water and Waste Water Department, Inc. for which no copyright permission or privacy release was requested or for which uses exceed the uses allowed pursuant to a permission or release.

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Packet Pg. 554 Attachment: City of Colton Water and Wastewater Brand Identity Scope of Services (4127 : Agreement - Green Acres Advertising) Miscellany
This agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives. This agreement constitutes the entire understanding of Green Acres and City of Colton Water and Waste Water Department Its terms can be modified only by an instrument in writing signed by both parties, except that City of Colton Water and Waste Water Department, Inc. may authorize expenses or revision orally.

Consented and agreed to:

Green Acres Advertising Design
Authorized Signature/Date_________________________________________________ City of Colton Water and Waste Water Department, Inc.

Authorized Signature/Date______________________________________________

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Packet Pg. 555 Attachment: City of Colton Water and Wastewater Brand Identity Scope of Services (4127 : Agreement - Green Acres Advertising) ITEM NO. 8

STAFF REPORT
DATE: JULY 18, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH G&G ENVIRONMENTAL COMPLIANCE, INC. TO PROVIDE WATER,

WASTEWATER, AND STORM WATER REGULATORY
COMPLIANCE PROGRAM SERVICES FOR FIVE (5) YEARS IN AN
AMOUNT NOT-TO-EXCEED $1,870,610.

RECOMMENDED ACTION
Staff recommends that the City Council take the following action:

Approve a Professional Services Agreement with G&G Environmental Compliance, Inc. to provide Water, Wastewater, and Storm Water Regulatory Compliance Program Service in an amount of $374,122 per year for a not-to-exceed total aggregate amount of $1,870,610.00 over the five (5) years.

BACKGROUND
The City of Colton’s Pretreatment Program is a required program under existing federal pretreatment program regulations (40CFR403) and NPDES Permit No. CA0105236. California Regional Water Quality Control Board, Santa Ana Region adopted Order No. R8-2005-0075 on September 30, 2005. The adopted Order issued the NPDES Permit, which states that the City is to maintain a Program that provides inspections, monitoring, enforcement, reporting, commercial and industrial user plan checks, while also providing waste strength determinations used to calculate commercial and industrial discharge rates and activities to ensure compliance with the discharge requirements of the NPDES Permit. Domestic (residential), industry, and treatment plant sample data will be collected to gather the necessary information. The new information will then be analyzed to determine the best strategies for allocating pollutant limitations in a manner that creates the least impact on our commercial/industrial users. 8 Packet Pg. 556
Staff Report to the Mayor and City Council
Agreement - G&G Environmental Compliance, Inc.

July 18, 2023

The City’s Wastewater Reclamation Facility (WRF) has added treatment capacity since the previously issued permit and the discharge limits, contained in the new NPDES Permit No. CA 0105236. The new permits have changed to reflect new water quality standards established by the State of California. As a result of the aforementioned changes, the permit requires the City to re-evaluate the existing local discharge limits for commercial and industrial discharges to ensure adequacy and that the limits reflect current conditions.

On March 18, 2014, City Council approved the Wastewater Enterprise Lease Agreement between the City of Colton and City of Grand Terrace. The agreement indicates that the City of Colton will take over and will be responsible for the maintenance of the wastewater collection and treatment system for the City of Grand Terrace.

The City of Colton’s WRF current permit remains in compliance with the effluent limitations.

However, the existing local limits were adopted prior to employing the treatment provided by the Rapid Infiltration/Extraction (RIX) Facility, which provides tertiary treatment. The new local limits must consider the treatment provided by both facilities to be technically based and legally defensible.

ISSUES/ANALYSIS
Diligent effort was made to solicit competitive bid proposals for the Regulatory Program Services. In accordance with Colton Municipal Code section 3.08.110, a Request for Proposal (RFP) was published in the Press Enterprise on May 5, 2023 and May 12, 2023 and was due by May 24, 2023.

Only one Consultant submitted a proposal for the RFP. The proposal received was from G&G Environmental Compliance Inc. in the amount of $374,122. Staff has evaluated and reviewed the proposal and found that the proposal is within the project RFP scope of work and budget.

G&G Environmental has worked with the City in the past. During their previous contract, G&G Environmental has made major improvements in the Pretreatment Program including favorable feedback from the Regional Board and EPA, increasing revenue from new permits being issued, and reducing in sewage spills and backups into homes. G&G Environmental has a proven business relationship with the City and the utility operations of the City as well as surrounding municipalities. G&G Environmental personnel are very familiar with the City of Colton’s wastewater treatment capabilities and the permitted industrial user contributions, and have the experience needed to prepare technically based and legally defensible local limits.

After proposal evaluation and consideration of the potential cost increase, staff finds that it will be advantageous for the City to enter into a five (5) year fixed amount Agreement with an annual fixed amount of $374,122. Staff recommends award of a Professional Service Agreement to G&G Environmental Compliance Inc. for (5) years for $1,870,610 for the Regulatory Program 8 Packet Pg. 557
Staff Report to the Mayor and City Council
Agreement - G&G Environmental Compliance, Inc.

July 18, 2023

Services for the City of Colton. The proposed Agreement will commence upon execution by the City and G&G Environmental Compliance Inc. for an Agreement term of five (5) years.

FISCAL IMPACTS
The total contract amount is $1,870,610 but the annual Purchase Order (P.O.) will be in the amount of $374,122 per year (for five years). Sufficient appropriations for FY2023-24 are budgeted and available in the adopted budget in the Professional Service expenditure account numbers listed:

Wastewater Fund 522-8200-8200-2350-0000-000 $163,477
Water Fund 521-8100-8101-2350-0000-000 $110,645
Storm Water Fund 722-6150-8215-2350-0000-000 $100,000
Amounts obligated for the future years will be included in the annual requested budget through the contract term.

ALTERNATIVES
Provide alternative direction to staff.

ATTACHMENT

1. City of Colton Proposal 2023 Revised 061623

2. GG Environmental_WW_Contract
8 Packet Pg. 558
G&G September 3, 2020 i
A Proposal to Provide Regulatory
Program Services
Submitted to:

City of Colton Public Works & Utilities Department
Attn: Bassam Alzammar, Water/Wastewater Utilities Superintendent 160 S. 10th Street
Colton, CA 92324
Submitted by:

G&G Environmental Compliance, Inc.
5053 La Mart Drive, Suite 203
Riverside, CA 92507
(951) 683-3538
www.ggcorp.net
May 24, 2023

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Table of Contents

1.0 G&G Corporation........................................................................................................................3

1.1 Statement of Qualifications............................................................................................. 3

1.2 Project Team................................................................................................................... 3

2.0 Work Plan Approach...................................................................................................................6

2.1 Understanding of the Requirements................................................................................ 6

2.1.1 Wastewater Pretreatment Program ............................................................................. 6

2.1.2 NPDES Permit (Stormwater) activities include:......................................................... 7

2.1.3 Backflow Prevention/Cross Connection Control activities include: .......................... 8

2.1.4 Cross-Connection & Backflow Prevention Program Optional Tasks......................... 9

3.0 Program Schedule ......................................................................................................................10

3.1 Availability and Role Responsibilities.......................................................................... 10

4.0 Wastewater Program Work Plan............................................................................................11

4.1 Commercial and Industrial Plan Check ........................................................................ 11

4.2 Industrial/Commercial User Inspections and Monitoring............................................. 11

4.3 Permitting...................................................................................................................... 12

4.4 Compliance Assurance.................................................................................................. 12

4.5 Program Reporting........................................................................................................ 13

4.6 Surcharge Billing .......................................................................................................... 13

4.7 Programmatic Document Review and Updates............................................................ 13

4.8 Other Miscellaneous Tasks........................................................................................... 14

4.9 General Pretreatment Program Task Schedule ............................................................. 14

4.10 Wastewater Regulatory Program Budget...................................................................... 15

5.0 NPDES (Stormwater) Program Work Plan ..........................................................................16

5.1 Commercial and Industrial Stormwater Inspections..................................................... 16

5.2 Municipal Stormwater Inspections............................................................................... 16

5.3 WQMP Post- Construction Inspections........................................................................ 16

5.4 General NPDES Program Task Schedule ..................................................................... 17

5.5 General NPDES Program Budget................................................................................. 17

6.0 Cross Connection & Backflow Prevention Program Work Plan.......................................18

6.1 Overview....................................................................................................................... 18

6.2 Program Administration................................................................................................ 18

6.2.1 Notification of Required Testing .............................................................................. 18

6.2.2 Compliance Tracking................................................................................................ 18

6.2.3 Communications....................................................................................................... 19

6.2.4 City Owned Devices................................................................................................. 19

6.2.5 Optional Tasks.......................................................................................................... 19

6.2.6 Backflow Prevention & Cross Connection Control Budget ..................................... 20

ATTACHMENTS
A-1 Staffing & Related Projects A-2 Key Resumes
A-3 Rate Schedule A-4 Insurances

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1.0 G&G CORPORATION

1.1 Statement of Qualifications
G&G Environmental Compliance, Inc. (G&G) is a small
business corporation that specializes in Water and Wastewater Regulatory compliance program management and
implementation. Our staff has successfully developed the following Pretreatment, NPDES, and Backflow/Cross
Connection Program elements:
➢ Interagency Agreements; Waste Discharge
Ordinances, Enforcement Response Plans, &
BMP Development
➢ Technically Based Local Limits
➢ NPDES Stormwater Program
Development
➢ Surcharge Programs; Inspection and
Monitoring for Industrial
Wastewater
➢ Backflow and Cross Connection
Program Testing and
Administrations
For a more in-depth background on G&G and our services please visit our website at www.ggcorp.net. Our company provides program development services that are designed to fit our client’s needs. G&G provides professional regulatory compliance services to City and Municipal agencies throughout southern California.

1.2 Project Team
While G&G can provide the technical and regulatory expertise needed to facilitate successful regulatory compliance programs. Our approach involves integrating compliance services into a broader team that includes key city staff and management to ensure effective communication and implementation of the regulatory program elements into daily operations. Our project team members will work directly with designated City staff and management to ensure a seamless integration of our services. The project team from G&G will consist of a program manager and field inspector. The designated contact for G&G is the project manager.

Gary Ethridge PROGRAM MANAGER
Mr. Ethridge has over 30 years of experience and certification credentials as a Grade IV Environmental Compliance Inspector (ECI). He has managed Industrial Pretreatment

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Programs, Stormwater and Recycled Water Programs both as a municipal employee and as a consultant. He holds a Master of Science degree in Environmental Management and has experience developing and managing regulatory programs and technical professional staff members. Mr. Ethridge has also managed Backflow and Cross Connection Programs for City and Municipal agencies in the southern California area for the past 20 years. He has developed all required program elements including, but not limited to, Ordinances, Policy and Procedures Manuals, Enforcement Response Plans, Local Wastewater Discharge Limitations, Sewer System Management Plans, and Interagency Agreements.

Sean Harrison BACKFLOW/CROSS CONNECTION LEAD
Mr. Harrison has over 12 years of experience and certification credentials as an AWWA Certified Cross Connection Specialist. He also holds certifications for backflow testing in Riverside and San Bernardino Counties. He holds a Bachelor of Arts degree in Business administration. His plumbing and irrigation skills were used as qualifiers for G&G State Contractors Licenses in the C27 and C36 classifications. Sean also holds certifications as an AWWA Certified Backflow Testers, SWRCB Grade T-2 Water Treatment Operator, SWRCB Grade D-4 Water Distribution Operator and Qualified Industrial Stormwater Practitioner (QISP).

ESTEBAN VASQUEZ ECI Grade II
Mr. Vasquez is a CWEA Certified Grade III Environmental Compliance Inspector Candidate. He holds a Bachelor of Science in Environmental Studies. Esteban has experience inspecting all permitted Industrial Users as well as the commercial facilities for both stormwater as well as Industrial Pretreatment Program requirements. Esteban is well versed in the use of the Linko Data Base system, Cloud Compli and State database systems and is very familiar with the City of Colton Program adopted Ordinances and Enforcement Response Plans. Mr. Vasquez has applied to receive a Qualified Industrial Stormwater Practitioner (QISP) certification as well.

SARA RAYMONDI QISP
Ms. Raymondi is a Qualified Industrial Stormwater Practitioner Environmental Compliance. Ms. Raymondi has 5+ years’ experience in Stormwater and Pretreatment inspection programs. Ms. Raymondi is a CWEA Environmental Compliance Inspector Grade I candidate as well.

ROBERT D’ALESSANDRO ECI Grade I
Mr. D’Alessandro is a CWEA Certified Grade II Environmental Compliance Inspector Candidate with over 5 years of experience in FOG Control related inspections, sampling, and compliance reporting. Mr. D’Alessandro also has experience using Linko Data Base compliance tracing software and has 2+ years inspecting industrial facilities.

Other resources that are available as backup personnel as needed include:

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PAUL TORRES ECI Grade III
Mr. Torres is a CWEA Certified Grade IV Environmental Compliance Inspector candidate with over 11 years of field experience in FOG Programs and Industrial Inspections. He holds a Bachelor of Science in Environmental Studies. Paul has experience inspecting all permitted Industrial Users as well as the commercial facilities for Pretreatment Program requirements. He is well versed in the use of the Linko Data Base system, and Microsoft Office Applications. Also, Paul is studying to take his Qualified Industrial Stormwater Practitioner (QISP) certification exam.

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2.0 WORK PLAN APPROACH
G&G understands the importance of communication with City staff and management and in maintaining a well-integrated City/Consultant staff team. One of our goals will be to foster a seamless relationship with City staff so that the development and implementation of the program will appear effortless. G&G will assign key staff members to facilitate the timeliness and quality of all deliverables. Our work plan enables several tasks to be worked simultaneously which will maximum the use of existing resources. There are three separate and distinct programs identified in the RFP. The Regulatory Services included in this proposal are for:

1. Wastewater Pretreatment Program including the FOG Program;

2. NPDES Stormwater Program; and

3. Backflow/Cross Connection Program.

2.1 Understanding of the Requirements
G&G has read through the Request for Bid, dated 5/1/2023. The scope of work for each program is well defined and this proposal will provide the work plan tasks, staffing and associated budgets that are consistent with effectively performing the tasks identified in the Request for Bid.

2.1.1 Wastewater Pretreatment Program
a. Calculate surcharge billing fees for high strength and high-volume users; b. Plan review for new and tenant improvement commercial & industrial businesses;
c. Inspect rough plumbing for new and tenant improvement projects; d. Inspect and sign off new businesses looking to obtain a business occupancy permit with the City;
e. Respond to and report spills as needed to document the event and all corrective actions;
f. Review industrial wastewater discharge permit applications and generate discharge permits for Industrial user (Class (I-V);
g. Routinely inspect all SIU facilities (quarterly) and all non-significant industrial user (NSIU) facilities (semi-annually);
h. Routinely inspect all food service establishments (FSEs), vehicle maintenance facilities, and car wash facilities (semi-annually);

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i. Update computer database with all program activities (inspections, permitting, monitoring, and enforcement);
j. Maintenance of hard copy permit files and miscellaneous correspondence files; k. Generate quarterly and annual regulatory reporting of all Pretreatment Program activities to the EPA, State Water Board and Regional Board; l. Report miscellaneous reporting to adjacent cities per existing Interjurisdictional agreements;
m. Conduct surveillance monitoring as deemed necessary to monitor potentially harmful discharges to the wastewater collection system; n. Implement compliance assurance activities including, but not limited to, issuance of Notices of Violation, and issuing non-compliance fees using the adopted Enforcement Response Plan (ERP)Compliance Orders, and other correction notices using the adopted Enforcement Response Plan (ERP); o. Review as necessary any foundational documents (Ordinance, ERP, local limits, SSMPs) provide training to City staff as requested and make recommendations to City management; and
p. Respond to other duties as directed by the City related to wastewater regulatory compliance.

2.1.2 NPDES Permit (Stormwater) activities include:
a. Conducting 6-8 initial post-construction inspections for facilities with Water Quality Management Plan (WQMP) per quarter with approximately 8-10 followup inspections per quarter. All storm water related inspection must be entered onto the Cloud Compli or applicable RWQCB software for record purposes; b. conducting approximately 190 routine commercial storm water inspections; c. conducting approximately 60 follow-up (compliance) commercial storm water inspections yearly;
d. conducting approximately 100 routine annual industrial storm water inspections; e. conducting approximately 50 follow-up (compliance) industrial storm water inspections;
f. conducting approximately 16 routine annual municipal storm water inspections; g. conducting approximately 15 follow-up (compliance) municipal storm water inspections;

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h. conducting compliance assurance activities including issuance of Stormwater Notices of Violation, Compliance Orders, and other correction notices using the adopted Enforcement Response Plan (ERP);
i. providing all pertinent data, actions, and compliance summaries as necessary to the City for inclusion in required reporting to the State and local regulatory agencies;
j. evaluating the City’s policies and guidance documents related to compliance with the Regional MS4 Permit to ensure compliance; and
k. performing other duties as directed by the City related to storm water regulatory compliance.

2.1.3 Backflow Prevention/Cross Connection Control activities include:
a. Send notifications to an estimated 1,200 account holders informing them of the required annual test requirements;
b. Send follow-up notifications to customers who have past due testing due to failed initial testing;
c. Additional notifications as needed to resolve non-compliant testing and/or installation of certified backflow assembly
d. Review all completed test forms for accuracy and inclusion of required information;
e. Maintain proper records of City-wide backflow assemblies, including information regarding backflow testing, repairs, and replacements; f. Answer and respond to calls as directed regarding the Backflow Program requirements and resolving conflicts that may arise;
g. Provide monthly status reports and maintain ongoing communication with designated City staff;
h. Test* and maintain records for 175 City owned backflow assemblies; i. Submit quotes on failed City backflow assemblies;
j. Provide technical support to City staff;
k. Provide at least one Cross-Connection Control Specialist Certified by the AWWA to oversee the program;

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l. Perform other tasks as required to implement the Backflow Program *Tests must be performed by currently certified tester (AWWA and San Bernardino County)

2.1.4 Cross-Connection & Backflow Prevention Program Optional Tasks
a. After hours response – respond verbally within two (2) hours. If unable to respond, a contingency plan shall be provided;
b. Inspect newly installed backflow devices for Uniform Plumbing Code and Title 17 requirements;
c. Conduct backflow assembly test audits of repaired backflow devices to ensure the backflow device is working properly and notify the repair company of any deficiencies;
d. Submit hourly rates for repair and mark-up;
e. Conduct inspections of new businesses for Backflow compliance and submit reports to City staff when backflow deficiencies are present.

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3.0 PROGRAM SCHEDULE
Because many of the work tasks in the Regulatory Programs are scheduled during the year in response to emerging needs and other driving factors, G&G has included a general schedule (routine inspections and reporting schedules) but performs many of the specific tasks based upon emerging issues and in response to other factors including spills, wastewater plant issues, complaints, and federal and/or state directives so those can’t be quantified or listed in advance. For example, permitted business may be inspected either quarterly, semi-annual, or annually depending upon their quantified potential for creating or contributing to problems. Others that are identified as chronic problems may be inspected monthly. General program task schedules are provided in the appropriate program work plan section of this proposal.

3.1 Availability and Role Responsibilities
G&G has dedicated staff as well as alternates that can assist during brief times when dedicated staff are temporarily unavailable. The Program Manager (PM) will be the primary contact person and is responsible for ensuring effective management of all G&G staff members. The PM will also delegate tasks in a manner that provides the most effective use of G&G resources within the Regulatory Program Service areas that are contained in the RFP. The PM and Lead Inspector will collaborate monthly on budget management, task management and overall regulatory compliance with permit and reporting requirements.

The PM will also provide program overview and development of recommendations for new local limits, Ordinance amendments, ERP updates, and any changes to standard operating procedures. The Lead Inspector, in general, will be assigned all upper level (more complex) inspections, compliance assurance related duties, and the plan check functions for new and tenant improvement projects. Additionally, the Lead Inspector will assign routine daily inspections to the Environmental Compliance inspectors that perform the more routine inspections associated with the Fats, Oils, and Grease (FOG) Control Program and industrial survey tasks to maintain an accurate database of commercial and industrial users with the City of Colton and Grand Terrace. In the case of an absence or unavailability, and if the need arises, G&G will provide a replacement of the absent worker at the same skill level or above.

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4.0 WASTEWATER PROGRAM WORK PLAN
Each specific program area is detailed below. In general, the wastewater regulatory program tasks are all designed to identify sources of wastewater pollution; categorize the potential risk of process wastewater(s); permit higher risk (SIU’s); perform routine and compliance inspections; take appropriate non-compliance actions to resolve any non-compliance; and develop the necessary programs and policies to assure a fully compliance Pretreatment Program.

4.1 Commercial and Industrial Plan Check
G&G staff will provide pretreatment plan check reviews for all new and tenant improvement commercial and industrial projects. On-going tasks include review of applications; determination of permit requirements; review and approval of on-site plumbing plans and necessary treatment devices; rough plumbing site inspection; and in the evaluation and characterization of potential waste strength for billing purposes.

Hard copies of all required plan check reviews and approvals will be maintained, and pertinent data entered into the plan check database.

The commercial and industrial plan check function is the ideal point in the process to determine if the special billing (surcharge) program should be initiated. The requirement to install the necessary monitoring equipment during the construction phase is critical for collecting representative sample of wastewater flow and waste strength data in determining potential impacts as well as to establish equitable billing based upon the adopted rates. Plan check documentation is also one of the primary ways to maintain an updated commercial and industrial survey that is required by the state and federal program auditors.

4.2 Industrial/Commercial User Inspections and Monitoring G&G staff will complete all required routine and compliance inspections as required by existing permit, compliance schedules, and ordinance requirements. All compliance related activities will be communicated to the Director (or City staff as directed) to ensure a complete understanding of the issue(s) prior to taking or recommending enforcement actions. Recommendations will follow the established protocol of the approved ERP.

Permitted industrial users are inspected at frequencies that are consistent with the permit category they are placed in. Significant Industrial Users (SIU) are inspected at a minimum quarterly. Wastewater from each SIU is monitored by the City (or its contractor) in addition to self monitoring requirements by each SIU. All data is evaluated by the City to ensure compliance with all permit and Ordnance requirements.

One of the primary reasons to perform on-site inspections at businesses that generally do not receive industrial user permits (either because of low discharge volumes and/or low waste strength discharges under normal daily conditions) is to monitor the on-site housekeeping practices (spill containment, control, and countermeasures, etc.).

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Improperly stored containers of automotive oils, solvents, and soaps can cause major impacts to the wastewater collection and treatment system and routine inspections proactively identify and correct these situations.

Other “non-permitted” user inspections (i.e., restaurants) are performed to ensure proper maintenance of on-site treatment equipment (interceptors, grease traps, etc.) to prevent on-site spills, sanitary sewer overflows, and other public health related issues.

G&G staff will coordinate and facilitate the contracted City monitoring program for samples collected at each industry. Staff will prepare a listing of required pollutants for each permitted IU and an associated schedule for routine sampling as indicated in each wastewater discharge permit. Further, our staff will ensure that appropriate records are maintained to support the sample billing for each IU.

Compliance and other non-routine (i.e., surveillance or surcharge) sampling will be initiated and coordinated as required to collect information needed to verify compliance with all Program requirements. Staff will confer with the City’s Wastewater Plant Manager each budget year to alert them of program monitoring costs so they can be included in the annual budget figures.

4.3 Permitting
Permits are issued to all Significant Industrial Users (SIUs) and to select NonSignificant Industrial Users (NSIUs) that are being evaluated to determine actual significance when some of the factors are unknown at the time they apply for a permit.

Other businesses who may traditionally not meet the criteria for permitting may fall into a permit category based upon chronic non-compliance which allows the City to provide more oversight of the business while correcting deficiencies.

4.4 Compliance Assurance
Staff will provide follow-up inspections, conduct compliance meetings, and prepare corrective action reports as well as track and document compliance plans and other responses to non-compliance. The City has adopted fees for these types of activities so staff will ensure if additional compliance assurance measures are necessary, that proper fees are billed to the business. All compliance activities are also documented for quarterly and annual reports and in severe situations are documented for publication in the local newspaper as Significant Non-Compliance (SNC) in accordance with Program requirements and the City’s Municipal Code.

The adopted ERP will be used by G&G’s to quickly resolve non-compliance at the lowest possible levels (i.e., verbal and written warning and Notices of Non-Compliance, etc.) which minimizes the costs associated with non-compliance and resolves the noncompliance quickly.

Any non-compliance issues that escalate beyond routine corrective actions will be well communicated with the City in accordance with the ERP to ensure effective resolution

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of the non-compliance and continued protection of the City’s wastewater infrastructure, their employees, the public health, and the environment.

4.5 Program Reporting
Agencies with approved Pretreatment Programs are required to report all program activities to State, Regional, and Federal agencies as detailed in the NPDES Permit. All scheduled reporting (Quarterly and Annual) will be accomplished in a timely manner. A review of all necessary information will be performed prior to drafting each report for the Director’s signature. Said reports are generally prepared 10 days prior to reporting deadlines to ensure adequate review and proper signatures before finalizing and delivering to the appropriate agencies.

Additional reporting will be performed as needed to ensure effective communications with the regulatory officials. Program modifications, including local limit changes, Ordinance changes, or any other Program change considered reportable (i.e., significant program changes) will be reported as required by the federal PTP regulations (40CFR403.8).

4.6 Surcharge Billing
The Pretreatment Program staff collect flow meter readings from effluent flow meters each month at each of the Significant Industrial Users facilities. Permits also require the collection of conventional pollutant data which are used to determine wastewater strength. These pieces of data are used to generate wastewater bills that reflect the actual cost of treatment using the same cost factors used to develop current rate for residential and commercial users. Staff prepare monthly spreadsheets and forward that information to the billing department for inclusion in the wastewater bill.

4.7 Programmatic Document Review and Updates
G&G reviews policy documents against any new state or federal program directives and communicates those to the City. Many of the foundational documents (Ordinance, ERP, local limits, etc.) are adopted to define the policies and objectives for each program element. When changes occur in permits issued to the City or in the National Pretreatment Program regulations, changes must be made to City documents to maintain compliance with the new directives. This is an annual task and also occurs when program audits occur that indicate changes are necessary.

Local wastewater discharge limits are reviewed periodically against factors that may require adjustments to those values. Recommendations will be made based upon that evaluation.

Other documents that are dynamic in nature like Standard Operating Procedures and the Industrial User Survey are also reviewed on a periodic basis for accuracy and effectiveness.

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4.8 Other Miscellaneous Tasks
There is a variety of “non-routine” tasks that occur from time to time in any pretreatment program including responding to sewer spills, overflowing grease interceptors, odor complaints, working directly with collection crew staff to isolate problematic discharges to the treatment plant, hazardous material spills, etc.

Forms have been developed (Incident Report Forms) that are used to document and resolve the type of responses and to track time and materials in the event the City decides to impose civil and or criminal penalties to recover damages and or costs of the response.

G&G also developed the City’s approved Sewer System Management Plan (SSMP) and performed a comprehensive update and revision in 2015. G&G staff will continue to maintain the SSMP program manual with current policies and procedures.

Additionally, G&G will provide audits of the SSMP development and implementation during the FY23-24 budget year. G&G will also participate as needed regarding interjurisdictional agreement issues with Grand Terrace and Rialto to ensure all Pretreatment Program requirements are being met.

4.9 General Pretreatment Program Task Schedule
TASKS QTR 1
Jul 01 – Sep 30
QTR 2
Oct 01- Dec 31
QTR 3
Jan 01- Mar 31
QTR 4
Apr 01- Jun 30
ANNUAL
TOTALS
Initial & Followup Commercial
Inspections
35-40 35-40 35-40 35-40 140-160
Initial & Followup Industrial
Inspections
10-12 10-12 10-12 10-12 40-48
Initial & Followup FOG Control
Inspections
70-87 70-87 70-87 70-87 280-345
Permit Review and
Development 2 2 2 2 8
Commercial Plan
Check Reviews &
Site Inspections
24-48 24-48 24-48 24-48 96-192
Quarterly
Reporting 1 1 1 1 4
Annual Reporting 1 1

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4.10 Wastewater Regulatory Program Budget
The following Table contains an itemized budget for the tasks identified in the Work Plan as listed in Section 4.0 of this proposal. Program costs are partially recovered through several mechanisms including, but not limited to, commercial and industrial surcharge fees; permit and inspection fees; non-compliance fees; and follow-up inspection fees.

Pretreatment Programs are integral to compliance with the State issued NPDES Permits and as such are operational costs that typically are included in wastewater rates however, in order to not overburden rate payers, certain approved fees for service (inspections, permits, sampling, surcharges, etc.) have been adopted to place costs directly with those businesses that have higher potentials for discharges to create upsets, interference or passthrough conditions to the City of Colton’s wastewater treatment system.

Hours Budget
1 PROGRAM MANAGEMENT ($125) 95 $11,875
2 ROUTINE INSPECTIONS
A. Industrial Inspections (PM - Grade IV) ($125) 20 $2,500 B. Grade II CWEA Inspector ($95) 195 $18,525
C. Grade I CWEA Inspector ($85) 300 $25,500
D. Grade I Candidate (Trainee) ($60) 200 $12,000
SUBTOTAL 715 $58,525
3 A. PM - Grade IV ($125) 90 $11,250
B. Grade II CWEA Inspector ($95) 165 $15,675
C. Grade I CWEA Inspector ($85) 280 $23,800
D. Grade I Candidate (Trainee) ($60) 26 $1,560
SUBTOTAL 561 $52,285
4 A. Grade II Inspector ($95) 280 $26,600
B. Grade I CWEA Inspector ($80) 160 $12,800
SUBTOTAL 440 $39,400
7 Anticipated milage 2080 miles $1,362
TOTAL HOURS 1811
TOTAL COST $163,447
TRAVEL & EX[PENSES ($0.655/MILE)

CITY OF COLTON - WASTEWATER PROGRAM BUDGET
Task Description (Rate/Hr)

COMPLAINCE ASSURANCE

PLAN CHECK & SURVEY

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5.0 NPDES (STORMWATER) PROGRAM WORK PLAN

5.1 Commercial and Industrial Stormwater Inspections
G&G staff will provide up to 160 commercial & 50 Industrial Stormwater inspections under this proposal budget. The Industrial inspections are typically more complex with a higher level of potential for pollutants and therefore require more field inspection time and generally require a higher percentage of follow-up inspection time. This budget includes necessary follow-up inspections that may be required to ensure consistent compliance by each of the facilities. All inspections will be performed and documented in accordance with State, County, and City guidelines and be uploaded to the approved online Database (Cloud Compli). Each inspection will be documented on approved forms and hard copies will be retained for historical reference and to track compliance history of the facility.

5.2 Municipal Stormwater Inspections
The City has approximately 16 municipal stormwater inspection sites and these include City owned facilities including but not limited to the corporate yard, Wastewater treatment facility, fire stations, water system facilities, etc. G&G will perform stormwater inspections at these facilities as prioritized by the City. Generally, follow-up inspections are required to verify corrective actions have been taken and therefore G&G anticipates roughly 28 total inspections annually at Municipal locations. All work will be documented on the approved inspection forms and uploaded to the approved online database. Non-compliance issues will be notified to the designated City staff or management. The municipal stormwater inspections hours and associated budget are covered as appropriate under commercial and industrial inspections as indicated in Sections 5.4 and 5.5.

5.3 WQMP Post- Construction Inspections
Approximately 14-18 post construction WQMP inspections are anticipated per quarter including follow up inspections as needed. G&G Staff have performed these inspections for the past several years and are familiar with the processes and guidelines developed by the State and County related to the requirements. These inspections are also required to be uploaded to the approved online database for review by the State. Our staff is certified to perform these critical reviews and inspections. The budget developed for this task includes the WQMP reviews for these facilities.

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5.4 General NPDES Program Task Schedule
TASKS QTR 1 QTR 2 QTR 3 QTR 4 TOTALS
Initial & Follow-up
Commercial Inspections 48-65 48-65 48-65 48-65 192-257
Initial & Follow-up
Industrial Inspections 28-35 28-35 28-35 28-35 110-140
Initial & Follow-up
Municipal Inspections 7 7 7 7 28
WQMP Reviews
And Post Construction
Inspections
14-18 14-18 14-18 14-18 54-72
Annual Report 1 1

5.5 General NPDES Program Budget
Hours Budget
1 PROGRAM MANAGEMENT ($125) 48 $6,000
2 COMMERCIAL INSPECTIONS
A. QISP ($90) 55 $4,950
B. Grade II CWEA Inspector ($90) 70 $6,300
C. Grade I CWEA Inspector ($85) 178 $15,130
D. Grade I Candidate (Trainee) ($60) 27 $1,620
SUBTOTAL 330 $28,000
3 A. QISP ($90) 50 $4,500
B. Grade II CWEA Inspector ($90) 65 $5,850
C. Grade I CWEA Inspector ($85) 100 $8,500
D. Grade I Candidate (Trainee) ($60) 20 $1,200
SUBTOTAL 235 $20,050
4 A. QISP ($90) 67 $6,030
B. Grade II CWEA Inspector ($90) 44 $3,960
SUBTOTAL 111 $9,990
5 A. QISP ($90) 70 $6,300
B. Grade II CWEA Inspector ($90) 42 $3,780
SUBTOTAL 112 $10,080
6 A. QISP ($90) 185 $16,650
B. Grade II CWEA Inspector ($90) 92 $8,280
SUBTOTAL 277 $24,930
7 Anticipated milage 1450 miles $950
TOTAL HOURS 1113
TOTAL COST $100,000
TRAVEL & EXPENSES ($0.655/MILE)
CITY OF COLTON - NPDES (Stormwater) PROGRAM BUDGET
Task Description (Rate/Hr)

INDUSTRIAL INSPECTIONS

MUNICIPAL INSPECTIONS

CONSTRUCTION SITE (NPDES) INSPECTIONS

WQMP REVIEW & INSPECTIONS

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6.0 CROSS CONNECTION & BACKFLOW PREVENTION

PROGRAM WORK PLAN

6.1Overview
G&G understands the City’s responsibility to protect the public water supply from backflow related sources of contamination and is thoroughly familiar with the Title 17 and UPC regulatory requirements. The City has adopted rules and regulations related to backflow prevention and cross connection control in Title 13 of the City’s Municipal Code which requires the installation and maintenance of approved backflow devices.

The existing program includes approximately 1200 commercially owned backflow devices and 175 City owned backflow devices. The commercial backflow program involves sending out annual test notifications and following up calls/correspondence as needed to ensure compliance with annual testing requirements.

The City owned devices must be tested annually by a certified backflow assembly tester (current AWWA and San Bernardino County certifications). The testing of each device is not considered a prevailing wage required task however, the repairs of these devices are indicated as a prevailing wage task. G&G prefers to limit our contract to nonprevailing wage regulatory services which can include the testing of City owned devices with a notice to the City whenever repairs or replacements are necessary so the City can contract out or repair devices as determined by management. G&G will provide an AWWA certified Cross-Connection Control Specialist, as required to oversee all program activities.

6.2 Program Administration
G&G will provide all necessary administrative functions (telephones, written correspondence, file maintenance, conflict resolution, and data base management) to ensure effective management of the City’s backflow prevention and cross connection control program.

6.2.1 Notification of Required Testing
G&G will prepare annual test notifications for the existing backflow accounts and use the City’s mail system to send out approximately 300-325 notices (per month) during the first 3-months of the FY (July-Sept). Follow-up correspondence, to ensure receipt of the notices or to notify of past due responses, will be taken as needed, to ensure timely testing and repairs of the backflow assemblies. Current approved tester listings will be provided with the annual notification requirements to help each customer find an approved tester.

6.2.2 Compliance Tracking
G&G will utilize the City’s MS Access database in tracking compliance status with the annual testing, repair, and replacements of approved backflow assemblies. Testing of all devices will be documented on approved test forms and each test form will be maintained in electronic and/or hard copy format, whichever is preferred by the City.

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Each test notice received will be reviewed for completeness and accuracy. Follow-ups with testers will be taken to ensure compliance with all City requirements.

6.2.3 Communications
G&G will provide customer service-related communications to backflow customers and approved testers in the coordination of efforts to ensure timely testing of devices and resolution of issues that may arise. G&G will document all program activities with monthly status reports to the City that indicate progress, unresolved issues, budget information, and projected or scheduled upcoming activities. G&G will provide technical support to City staff as needed and will also maintain communication with other departments as needed to ensure timely responses to questions about the program.

As determined by the City’s compliance assurance programs, all devices that remain unapproved beyond the specified period, will be communicated with City staff and Management to determine the most appropriate response to ensure protection of the City’s public water supply.

6.2.4 City Owned Devices
G&G will provide initial backflow testing of approximately 175 City owned backflow assemblies. Each test will be performed by an AWWA and San Bernardino County certified backflow assembly tester. The results of all testing will be documented in the City’s Access Data Base. For devices that fail the initial testing, an estimate of repair costs will be submitted in the form of a quote to enable the City to determine the best available options for restoring the device to compliant status.

6.2.5 Optional Tasks
G&G will provide as determined by the City, additional tasks that may be required depending upon City staffing and availability. The tasks include:
a. After hours “on-call” response to backflow flow related emergencies; b. Inspection of newly installed devices to verify compliance with UPC and Title 17 requirements;
c. Quality Control/Assurance inspection;
d. Provide estimate of repairs and repair services for City Owned backflow devices as requested by the City; and
e. Conduct new business inspections to audit the work of testers that provide certification of backflow devices at commercial/Industrial locations;

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6.2.6 Backflow Prevention & Cross Connection Control Budget Hours Budget
1 BACKFLOW TESTING (CITY DEVICES)
A. Initial Tests @ $65.00 PER DEVICE 175 DEVICES $11,375 B. Data Entry 50 $4,600
C. Miscellaneous Tasking 45 $3,800
SUBTOTAL 95 $19,775
2 A. Scheduling and Notifications 145 $13,560
B. Data Entry 120 $10,560
c. Telephone Work 90 $8,240
d. Administrative Support (filing, mailing,meetings) 110 $10,000 SUBTOTAL 355 $42,360
3 A. Quality Control - Auditing 50 $6,150
B. Schedule & Budgeting 15 $1,875
c. Monthly Status Reporting 35 $4,300
d. Meetings 35 $4,275
SUBTOTAL 135 $16,600
4 OPTIONAL TASKING
a. Standby ($450/wk) $23,400
b. Response to Call-outs 10 $800
d. 1st Follow-up (New Business Inspections) 40 $3,200
e 2nd Follow-up (New Business Inspections) 10 $800
f. Quality Assurance reviews (audits) 10 $1,200
g. Inspect newly installed backflows
SUBTOTAL 70 $29,400
5 a. Anticipated milage 2000 miles $1,310
b. Material costs + 10% $1,200
SUBTOTAL $2,510
TOTAL (Required Tasking) 585 $81,245
TOTAL (Optonal Tasking) 70 $29,400
TOTALS 655 $110,645

PROGRAM MANAGEMENT

CITY OF COLTON - BACKFLOW PROGRAM BUDGET
Task Description (Rate/Hr)

PROGRAM ADMINISTRATION
TRAVEL & MATERIAL EXPENSES ($0.655/MILE)

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ATTACHMENTS
A-1 Staffing & Related Projects
A-2 Key Member Resumes
A-3 G&G Rate Schedule
A-4 G&G Insurances

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Staffing & Related Projects
The staffing requirement for the G&G consulting team for the Wastewater (PTP) and NPDES (Stormwater) programs are approximately 1.8 full time equivalent (FTE) with 3748 hours/year projected. G&G proposes to divide this time between different skill levels (Program Manager, certified ECI Inspectors, and certified (QISP) Stormwater Inspectors, administrative support personnel) to accomplish the wide range of duties in the most cost-effective way. In general, routine inspections, data input, field work, etc. will be performed by an appropriate skill level (i.e., Trainee, Grade I or II Inspector) with the program management, compliance, and reporting functions performed by more senior staff members. G&G recognizes that the success of this project is dependent upon all team members working in unison and effectively communicating with City staff regarding progress and obstacles.

In addition to the listed personnel, G&G has alternative staff with appropriate skill levels (i.e., Grade III-IV inspectors, administrative staff, and certified inspectors to accomplish tasks in the event one of the primary responsible staff or management members is absent.) No substitutions will be made without notification and approval by the City of Colton.

SUMMARY OF STAFF QUALIFICATIONS
Program Manager (PM) – CWEA Grade IV Environmental Compliance Inspector with over 30 years’ experience in the regulatory compliance field. Master’s degree in environmental management. Managing Colton PTP for the past 20 years.

Alternate PM – CWEA Grade III Environmental Compliance Inspector with 11 years’ experience in the wastewater compliance field.

Lead Inspector – CWEA Grade III Candidate in Environmental Compliance with 5 years’ experience. Five-years experience in the Colton PTP and Stormwater Programs.

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Related and/or Recently Completed Projects
The G&G Team has the unique capability to provide the City with a full range of experienced staff for this project. The G&G Team has been developing and implementing successful Pretreatment Programs for many city and municipal agencies throughout Southern California including the City of Corona; City of Colton; Yucaipa Valley Water District; Western Municipal Water District; Santa Ana Watershed Project Authority (SAWPA); City of Banning; Western Riverside County Regional Wastewater Authority (WRCRWA); and San Bernardino Valley Municipal Water District. G&G also recently completed work for the City of Beaumont related to Pretreatment Program and Stormwater compliance services.

CLIENT CONTACT INFORMATION
Client: City of Corona
755 Public Safety Way
Corona, CA 92878
Client Contact: Tom Moody
Director of Utilities
951.736.2477
Project Budget: 5-year contract with annual task orders of approx. $1,300,000 - (PTP; Cross-Connection Control;
Backflow Prevention, and Reclaimed Water
Conversions)
Period of Performance: July 2020 to Present (Current Contract) Jul 2016 – Jun 2020 (Previous contract)
Client: City of Colton
650 N. La Cadena Drive
Colton, California 92324
Client Contact: Brian Dickenson, Director
Public Works & Utilities Department
909.370.6196
Program Budget: $201,000 (Wastewater and Stormwater)
Period of Performance: Annual (FY02/03 to present)

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CLIENT CONTACT INFORMATION (CONTINUED)
Client: Yucaipa Valley Water District
12770 Second Street
Yucaipa, California 92399
Client Contact: John Wrobel, Public Works Manager
909.797.5117
Program Budget: $35,000 - $60,000 (Program plus projects) Period of Performance: 6/1/04 to Present
Client: San Bernardino Valley Municipal Water District
380 East Vanderbilt Way
San Bernardino, CA 92408
Client Contact: Robert M. Tincher, M.S., P.E.

Manager of Water Resources
909.387.9215
Annual Project Budgets: $45,000 - $68,128
Period of Performance: Jan 2008 through Present (Current Contract)

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RESUMES -KEY STAFF MEMBERS
Gary Ethridge, Program Manager
Education (Year Graduated)
M.S. (2000) Chadwick University -Environmental Management B.S. (1988) University of California - Environmental Science Professional Training/Registration/Permits
Grade IV Environmental Compliance Inspector – C.W.E.A.

Project and Program Management
Hazardous Materials & Industrial Pretreatment Program Management Regulated Waste Stream Identification and Process Management Pollution Prevention and Waste Minimization
Professional Experience
G&G Environmental Compliance, Inc. Apr 2002 to Present
Riverside, California
President Direct all environmental project work including management of all technical and management staff. Program management includes federal pretreatment and miscellaneous water, reclaimed water, and wastewater programs for the City of Colton; Yucaipa VWD; City of Banning; City of Grand Terrace; San Bernardino Valley Municipal Water District; City of Beaumont; and the City of Corona.

Charis Professional Services Corporation Nov 2000 to Apr 2002 Temecula, California
Vice President – Environmental Projects Division Directed all environmental project work including management of a multi-disciplinary staff of environmental professionals with expertise in natural and cultural resources. Managed multiple high visibility projects including a congressional land withdrawal project to expand the Army’s National Training Center at Fort Irwin; large biological field studies (Lane Mountain Milk-vetch and the Desert Tortoise); and air quality assessments.

Eastern Municipal Water District Jul 1991 to December 2000 Perris, California
Director of Regulatory Compliance - Drafted and negotiated conditions and reporting requirements for NPDES and Waste Discharge Requirement Permits for five Regional Reclamation Facilities for EMWD. Developed Stormwater Prevention Plans, Recycled Water Use Ordinance, Backflow Prevention Ordinance, and a Wastewater Discharge Ordinance for EMWD. Directed a staff of 40+ professional environmental and water quality laboratory personnel.

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Sean Harrison – Cross Connection Specialist and Program Lead Education
B.A. (2009) Business Administration California State University – San Bernardino Professional Training/Registration/Permits
City of Corona – Backflow & Cross Connection Program, Corona, CA. Sean has served as a program lead for the City of Corona’s backflow/cross connection program for over 8 years. He is the qualifier for G&G’s State Contractor’s Licenses (C-36 and C27). His role is to ensure the certified testing of over 6,200 backflow devices annually for the City of Corona. He also manages the QA/QC program, handles customer complaints, and resolves all regulatory issues related to the backflow/cross connection program. Sean manages the staff that schedule testing (mailing test notices) and arranges staff schedules to accomplish all program related tasks. Sean also provides oversight of the cross connection and recycled water (retrofit) program for the City. San also has supervisory and management experience.

Professional Affiliations
American Backflow Prevention Association, Member, 2012-Present American Water Works Association, Member 2012-Present
AWWA Backflow Prevention Assembly Tester (Cert. No. 14735 – Expires 02/29/2024) AWWA Cross-Connection Control Specialist (Cert. No. 02412 – Expires 03/31/2024) SWRCB Grade 4 Distribution Operator (Cert. No. 50466 – Expires 07/01/2025) SWRCB Grade 2 Treatment Operator (Cert. No. 42936 – Expires 06/01/2025 Industry Tenure
13+ Years

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Esteban Vasquez – Lead Inspector
Education (Year Graduated)
B.S. in Environmental Sciences (2019) University of California, Riverside Professional Training/Registration/Permits
Environmental Compliance Inspector Grade II
Professional Experience
G&G Environmental Compliance, Inc. January 2020 to Present Riverside, California
RES Environmental October 2019 to December
2019
Colton, California
Department of Environmental Sciences, UCR April 2019 to September 2019 Riverside, California
Environmental Compliance Inspector III Candidate – Esteban performs a full scale of compliance program tasks in both the Industrial Pretreatment and Stormwater Programs.

He provides lead inspector duties in both programs and provides regulatory reporting, compliance assurance and monthly surcharge billing activities. He is proficient in PTP compliance tracking software programs including Linko CTS.

He has applied for his Grade III ECI Certification and possesses all the skills to run the day-to-day inspection and compliance activities associated with Pretreatment and NPDES inspection programs.

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RATE SCHEDULE
Effective Dates: July 1, 2023 – June 30, 2024
The following rate schedule includes all current client services and associated costs. As new services are added the listing will be updated. All listed prices are re-evaluated in May of each calendar year and revised, as necessary. Requests by clients for multiple year contracts with fixed prices throughout the term of the contract will be honored for time periods not exceeding 3 years. Rate schedules become effective on the 1st day of the Fiscal Year which begins in July and ends on June 30th. Additionally, multiple-year contracts may qualify for reduced pricing as negotiated during the bidding process.

PUBLIC SECTOR SERVICES RATES
Skill Level or Service
Hourly Rate
(Unless Noted)
Water & Reclaimed Water Programs
Principal or Engineering Professional $180.00
Program/Project Manager $125.00
Cross-Connection Specialist (Prevailing Wage Tasks) $180.00 Cross-Connection Specialist Lead (Non-Prevailing Wage Tasks) $120.00 Cross-Connection Specialist Level 1 (Non-Prevailing Wage Tasks) $100.00 Cross-Connection Specialist Level 2 (Non-Prevailing Wage Tasks) $105.00 Cross-Connection Shut Down Testing (Dual-Use Site, 2-4 Digital Recorders1) $3,100.00 Approx.

Total (see notes)
Cross-Connection Shut Down Testing (Single-Use Site, 2-3 Digital Recorders1) $2,000.00 Approx.

Total (see notes)
Cross Connection Dye Test1
$4,350.00 Approx.

Total (see notes)
Cross-Connection Administrative Support $80.00
Technical Analyst & Operational Support $88.00
Stand-by (After Hours Rate) for Specialists $450/week
Certified Backflow Testing & Repairs
Certification and Report2 (All Sizes) $75.00
Confined Space Entry (2-Man Test) $150.00
Repairs (Prevailing Wage) $180.00

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PUBLIC SECTOR SERVICES RATES
Skill Level or Service
Hourly Rate
(Unless Noted)
Repairs (Non-Prevailing Wage) $130.00
Backflow Prevention Program Administrative Support $80.00 Technical Analyst & Operational Support $88.00
Backflow Technician Hourly Rate $80.00
Wastewater Programs
Principal or Engineering Professional $180.00
Program/Project Manager $125.00
Senior Environmental Compliance Inspector – Source Control $115.00 Environmental Compliance Inspector I – Source Control $88.00 Environmental Compliance Inspector II – Source Control $100.00 FOG Control Inspectors (Trainee Level staff) – NPDES and Source Control $60.00 Technical Analyst & Operational Support $88.00
Stormwater Programs
Principal or Engineering Professional $180.00
Program/Project Manager $125.00
Senior Stormwater Inspector $95.00
QSP Certified Stormwater Inspector $90.00
Technical Analyst & Operational Support $88.00

PRIVATE SECTOR SERVICES RATES
Description of Services
Hourly Rate
(Unless Noted)
Environmental & Regulatory Compliance Projects
Principal or Engineering Professional $180.00
Program Manager $125.00
Technical Lead $120.00
Specialist $105.00
Field Technician $90.00
Technical Analyst & Operational Support $90.00
Backflow Program Service
Backflow Prevention Device Testing2
All Sizes $75/Device
Additional Labor (Repairs, Fabrications, Installations, etc.,) Call (951) 683-3538
ext. 1003 for Quote
Confined Space Entry Jobs Call (951) 683-3538
ext. 1003 for Quote

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1 Cross Connection Testing Services (which includes the site survey, shut down of potable and reclaimed systems, test protocol development, and final report). If additional recorders are needed, price will be adjusted to cover additional labor costs on a case-by-case basis. Prevailing wage requirements, site type, site size, number and complexity of plumbing systems will be considered in determining price. Dual Plumbed sites will be quoted on a case-by-case basis.
2Discounts are available for multiple devices and the amount of discount is determined on a case-by-case basis.

Travel rates are determined each year by those set by the IRS at IRS issues standard mileage rates for 2023 | Internal Revenue Service. Current Rate is $0.655/mile (effective January 1, 2023).

Material costs are determined by cost (including tax) plus 15%.

For additional information regarding G&G services or pricing please contact our office at (951) 683-3538.

Sincerely,
Gary Ethridge, President
G&G Environmental Compliance, Inc

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INSURANCES
G&G carries all required professional and commercial liability insurances including the following:
➢ General Automotive Insurance (Nat’l Fire Insurance Co. of Hartford)- Policy No. 6045362193 - $1,000,000 per Accident
➢ General Commercial Liability Insurance (Continental Casualty Co.) – Policy No. 6024707390 - $2,000,000 per occurrence with $4,000,000 aggregate coverage. ➢ Professional (Errors & Omission) Insurance (Evanston Insurance Co. – Policy No.

MKLV5ENV102200) - $1,000,000 per occurrence with $2,000,000 aggregate coverage. ➢ Worker’s Compensation (Valley Forge Insurance Co. – Policy No. 624707423) - $1,000,00 each accident
A current Certificate of Liability Insurance is provided on the next page.

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astewater&NPDESRegulatoryProgramServices
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23152.06020\1329334.7

CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this this ___ day of August, 2023 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 G&G Environmental Compliance, Inc., a Corporation with its principal place of business at 5053 La Mart Dr., Ste, 203 Riverside, CA 92507 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Consultant.

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

Consultant represents that it is experienced in providing Wastewater Pretreatment Administration services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project; Colton Utility Authority.

City desires to engage Consultant to render such services for the Wastewater Pretreatment Program Services (“Project”) as set forth in this Agreement. Consultant understands that the City has entered into a Utility System Management Agreement, dated as of September 1, 2000, with the Colton Utility Authority (“CUA”) for the maintenance, management and operation of its Water Enterprise and Wastewater Enterprise (“CUA Management Agreement”). To the extent that this Agreement is deemed to be a "material contract" under the CUA Management Agreement, City enters into this Agreement on behalf of the CUA and subject to the terms of the CUA Management Agreement.

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 Wastewater Pretreatment 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.

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3.1.2 Term. The term of this Agreement shall be from August ___, 2023 through August ___, 2028, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

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

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the 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. 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, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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

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

The key personnel for performance of this Agreement is Gary Ethridge.

3.2.5 City’s Representative. The City hereby designates Brian Dickinson, Public Works and Utilities Director, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

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3.2.6 Consultant’s Representative. Consultant hereby Gary Ethridge, or his 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 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.

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

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, 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 Certifications. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant

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shall defend, indemnify and hold City, its officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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 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 subsections.

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

3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, subsubcontractors 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 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.2.10.5 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant,

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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.

3.2.10.6 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuelpowered 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 subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Consultant’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non-compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Consultant or City to penalties, fines, or additional regulatory requirements. 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, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Consultant’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Consultant further warrants that it, its employees and subcontractors will receive adequate

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training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Consultant with a list of training programs that meet the requirements of this paragraph.

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. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause.

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. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: One Million Dollars ($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: One Million Dollars ($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 One Million Dollars ($1,000,000) per accident for bodily injury or disease.

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 One Million Dollars ($1,000,000) per claim, and shall be endorsed to include contractual liability.

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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) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; 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.
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s 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. (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 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.

3.2.11.5 Separation of Insureds; No Special Limitations. 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.

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

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

3.2.11.8 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person 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.

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

3.2.12 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 as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Accounting Records. 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.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation for five (5) years shall not exceed One Million Eight Hundred and Seventy Thousand Six Hundred and Ten Dollars and No Cents ($1,870,610). The annual Purchase Order (P.O.) will be in the

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amount of $374,122 for five (5) years. 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 itemized statement which indicates work completed and hours of Services rendered by Consultant.

The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

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 City’s Representative.

3.3.5 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 1600, 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. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure to comply with the Prevailing Wage Laws.

3.4 Termination of Agreement.

3.4.1 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.

3.4.2 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

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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.

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

3.5 Ownership of Materials and Confidentiality.

3.5.1 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 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 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.

3.5.2 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.

3.5.3 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

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and its officers, directors, agents and employees from claims arising out of the negligent use or reuse 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 or liable, or anyone approved by the Consultant.

3.5.4 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.

3.5.5 Confidentiality. All Documents & Data, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant. All Documents & Data shall not, without the prior written consent of City, be used or reproduced by Consultant for any purposes other than the performance of the Services. Consultant shall not disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant that 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 General Provisions.

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

Consultant: G&G ENVIRONMENTAL COMPLIANCE, INC.
5053 La Mart Dr., Ste. 203
Riverside, CA 92507
Attn: Gary Ethridge, President
City: City of Colton
Public Works Department
Attention: Brian Dickinson
Public Works and Utilities Director
160 S. 10th St., Colton, CA 92324

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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.

3.6.2 Indemnification.

3.6.2.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its directors, 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 alleged acts, errors or omissions of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorney’s fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

3.6.2.2 Additional Indemnity Obligations. Consultant shall defend, with Counsel of City's choosing and at Consultant’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.6.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents.

Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

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

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

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

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

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

3.6.7 Assignment or Transfer; Colton Utility Authority. 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. To the extent that this Agreement is deemed to be a "material contract" under the CUA Management Agreement, Consultant has no right to terminate this Agreement, either with or without cause, based upon the existence or non-existence of the CUA Management Agreement. Therefore, if the CUA Management Agreement expires or terminates for any reason, Consultant shall remain fully obligated to perform under this Agreement on behalf of the CUA or another third party contracted by the CUA for the maintenance, management and operation of the Water Enterprise and/or Wastewater Enterprise.

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

All references to 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.

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

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

3.6.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.6.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

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

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3.6.13 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 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.

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

3.6.15 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

3.6.16 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.

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

3.6.18 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.
[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND G&G ENVIRONMENTAL COMPLIANCE, INC.

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the __ day of August, 2023.

CITY OF COLTON
By: _________________________
William Smith
City Manager
Attest: _________________________
Stephanie Vargas
City Clerk
Recommended for Approval:
_________________________
Executive Director
Colton Utility Authority

G&G ENVIRONMENTAL COMPLIANCE, INC
a Corporation
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)

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EXHIBIT “A”

SCOPE OF SERVICES
Wastewater Pretreatment Activities include:
a) Calculate surcharge billing fees for high strength and high-volume users; b) Plan review for new and tenant improvement commercial & industrial businesses; c) Inspect rough plumbing for new and tenant improvement projects; d) Inspect and sign off new businesses looking to obtain a business occupancy permit with the City; e) Respond to and report spills as needed to document the event and all corrective actions; f) Review industrial wastewater discharge permit applications and generate discharge permits for Industrial user (Class (I-V);
g) Routinely inspect all SIU facilities (quarterly) and all non-significant industrial user (NSIU) facilities (semi-annually);
h) Routinely inspect all food service establishments (FSEs), vehicle maintenance facilities, and car wash facilities (semi-annually);
i) Update computer database with all program activities (inspections, permitting, monitoring, and enforcement);
j) Maintenance of hard copy permit files and miscellaneous correspondence files; k) Generate quarterly and annual regulatory reporting of all Pretreatment Program activities to the EPA, State Water Board and Regional Board;
l) Report miscellaneous reporting to adjacent cities per existing Interjurisdictional agreements; m) Conduct surveillance monitoring as deemed necessary to monitor potentially harmful discharges to the wastewater collection system;
n) Implement compliance assurance activities including, but not limited to, issuance of Notices of Violation, and issuing non-compliance fees using the adopted Enforcement Response Plan (ERP)Compliance Orders, and other correction notices using the adopted Enforcement Response Plan (ERP);
o) Review as necessary any foundational documents (Ordinance, ERP, local limits, SSMPs) provide training to City staff as requested and make recommendations to City management; and p) Respond to other duties as directed by the City related to wastewater regulatory compliance.

NPDES Permit (Stormwater) Activities include:
a) Conducting 6-8 initial post-construction inspections for facilities with Water Quality Management Plan (WQMP) per quarter with approximately 8-10 follow-up inspections per quarter. All storm water related inspection must be entered onto the Cloud Compile or applicable RWQCB software for record purposes;
b) conducting approximately 190 routine commercial storm water inspections; c) conducting approximately 60 follow-up (compliance) commercial storm water inspections yearly; d) conducting approximately 100 routine annual industrial storm water inspections; e) conducting approximately 50 follow-up (compliance) industrial storm water inspections; f) conducting approximately 16 routine annual municipal storm water inspections; g) conducting approximately 15 follow-up (compliance) municipal storm water inspections; h) conducting compliance assurance activities including issuance of Stormwater Notices of Violation, Compliance Orders, and other correction notices using the adopted Enforcement Response Plan (ERP);
i) providing all pertinent data, actions, and compliance summaries as necessary to the City for inclusion in required reporting to the State and local regulatory agencies;

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j) evaluating the City’s policies and guidance documents related to compliance with the Regional MS4 Permit to ensure compliance; and
k) performing other duties as directed by the City related to storm water regulatory compliance.

Backflow Prevention/Cross Connection Control Activities include:
a) Send notifications to an estimated 1,200 account holders informing them of the required annual test requirements;
b) Send follow-up notifications to customers who have past due testing due to failed initial testing; c) Additional notifications as needed to resolve non-compliant testing and/or installation of certified backflow assembly
d) Review all completed test forms for accuracy and inclusion of required information; e) Maintain proper records of City-wide backflow assemblies, including information regarding backflow testing, repairs, and replacements;
f) Answer and respond to calls as directed regarding the Backflow Program requirements and resolving conflicts that may arise;
g) Provide monthly status reports and maintain ongoing communication with designated City staff; h) Test and maintain records for 175 City owned backflow assemblies; i) Submit quotes on failed City backflow assemblies;
j) Provide technical support to City staff;
k) Provide at least one Cross-Connection Control Specialist Certified by the AWWA to oversee the program;
l) Perform other tasks as required to implement the Backflow Program m) After hours response – respond verbally within two (2) hours. If unable to respond, a contingency plan shall be provided;
n) Inspect newly installed backflow devices for Uniform Plumbing Code and Title 17 requirements;
o) Conduct backflow assembly test audits of repaired backflow devices to ensure the backflow device is working properly and notify the repair company of any deficiencies; p) Submit hourly rates for repair and mark-up;
q) Conduct inspections of new businesses for Backflow compliance and submit reports to City staff when backflow deficiencies are present.

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EXHIBIT “B”

SCHEDULE OF SERVICES
Regulatory Program Services:

Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

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EXHIBIT “C”

COMPENSATION
Regulatory Program Services:

The total amount for pretreatment services shall not exceed One Hundred and Sixty Three Thousand Four Hundred and Forty Seven Dollars and No Cents ($163,447) per twelve (12) month term of this Agreement without approval of the City Council.

CITY OF COLTON - WASTEWATER PROGRAM BUDGET
Task Description (Rate/Hr) Hours Budget
1 PROGRAM MANAGEMENT ($125) 95 $11,875
2 ROUTINE INSPECTIONS
A. Industrial Inspections (PM - Grade IV) ($125) 20 $2,500 B. Grade II CWEA Inspector ($95) 195 $18,525
C. Grade I CWEA Inspector ($85) 300 $25,500
D. Grade I Candidate (Trainee) ($60) 200 $12,000
SUBTOTAL 715 $58,525
3 COMPLAINCE ASSURANCE
A. PM - Grade IV ($125) 90 $11,250
B. Grade II CWEA Inspector ($95) 165 $15,675
C. Grade I CWEA Inspector ($85) 280 $23,800
D. Grade I Candidate (Trainee) ($60) 26 $1,560
SUBTOTAL 561 $52,285
4 PLAN CHECK & SURVEY
A. Grade II Inspector ($95) 280 $26,600
B. Grade I CWEA Inspector ($80) 160 $12,800
SUBTOTAL 440 $39,400
7 TRAVEL & EX[PENSES ($0.655/MILE)
Anticipated milage 2080 miles $1,362
TOTAL HOURS 1811
TOTAL COST $163,447

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The total amount for NPDES (Stormwater) services shall not exceed One Hundred Thousand dollars and No Cents ($100,000) per twelve (12) month term of this Agreement without approval of the City Council.

CITY OF COLTON - NPDES (Stormwater) PROGRAM BUDGET
Task Description (Rate/Hr) Hours Budget
1 PROGRAM MANAGEMENT ($125) 48 $6,000
2 COMMERCIAL INSPECTIONS
A. QISP ($90) 55 $4,950
B. Grade II CWEA Inspector ($90) 70 $6,300
C. Grade I CWEA Inspector ($85) 178 $15,130
D. Grade I Candidate (Trainee) ($60) 27 $1,620
SUBTOTAL 330 $28,000
3 INDUSTRIAL INSPECTIONS
A. QISP ($90) 50 $4,500
B. Grade II CWEA Inspector ($90) 65 $5,850
C. Grade I CWEA Inspector ($85) 100 $8,500
D. Grade I Candidate (Trainee) ($60) 20 $1,200
SUBTOTAL 235 $20,050
4 MUNICIPAL INSPECTIONS
A. QISP ($90) 67 $6,030
B. Grade II CWEA Inspector ($90) 44 $3,960
SUBTOTAL 111 $9,990
5 CONSTRUCTION SITE (NPDES) INSPECTIONS
A. QISP ($90) 70 $6,300
B. Grade II CWEA Inspector ($90) 42 $3,780
SUBTOTAL 112 $10,080
6 WQMP REVIEW & INSPECTIONS
A. QISP ($90) 185 $16,650
B. Grade II CWEA Inspector ($90) 92 $8,280
SUBTOTAL 277 $24,930
7 TRAVEL & EXPENSES ($0.655/MILE)
Anticipated milage 1450 miles $950
TOTAL HOURS 1113
TOTAL COST $100,000

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The total amount for Backflow/Cross Connection services shall not exceed One Hundred and Ten Thousand Six Hundred Forty Five dollars and No Cents ($110,645) per twelve (12) month term of this Agreement without approval of the City Council.

CITY OF COLTON - BACKFLOW PROGRAM BUDGET
Task Description (Rate/Hr) Hours Budget
1 BACKFLOW TESTING (CITY DEVICES)
A. Initial Tests @ $65.00 PER DEVICE 175 DEVICES $11,375 B. Data Entry 50 $4,600
C. Miscellaneous Tasking 45 $3,800
SUBTOTAL 95 $19,775
2 PROGRAM ADMINISTRATION
A. Scheduling and Notifications 145 $13,560
B. Data Entry 120 $10,560
c. Telephone Work 90 $8,240
d. Administrative Support (filing, mailing,meetings) 110 $10,000 SUBTOTAL 355 $42,360
3 PROGRAM MANAGEMENT
A. Quality Control - Auditing 50 $6,150
B. Schedule & Budgeting 15 $1,875
c. Monthly Status Reporting 35 $4,300
d. Meetings 35 $4,275
SUBTOTAL 135 $16,600
4 OPTIONAL TASKING
a. Standby ($450/wk) $23,400
b. Response to Call-outs 10 $800
d. 1st Follow-up (New Business Inspections) 40 $3,200
e 2nd Follow-up (New Business Inspections) 10 $800
f. Quality Assurance reviews (audits) 10 $1,200
g. Inspect newly installed backflows
SUBTOTAL 70 $29,400
5 TRAVEL & MATERIAL EXPENSES ($0.655/M
a. Anticipated milage 2000 miles $1,310
b. Material costs + 10% $1,200
SUBTOTAL $2,510
TOTAL (Required Tasking) 585 $81,245
TOTAL (Optonal Tasking) 70 $29,400
TOTALS 655 $110,645

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RATE SCHEDULE

PUBLIC SECTOR SERVICES RATES
Skill Level or Service
Hourly Rate
(Unless Noted)
Water & Reclaimed Water Programs
Principal or Engineering Professional $180.00
Program/Project Manager $125.00
Cross-Connection Specialist (Prevailing Wage Tasks) $180.00 Cross-Connection Specialist Lead (Non-Prevailing Wage Tasks) $120.00 Cross-Connection Specialist Level 1 (Non-Prevailing Wage Tasks) $100.00 Cross-Connection Specialist Level 2 (Non-Prevailing Wage Tasks) $105.00 Cross-Connection Shut Down Testing (Dual-Use Site, 2-4 Digital Recorders1) $3,100.00 Approx.

Total (see notes)
Cross-Connection Shut Down Testing (Single-Use Site, 2-3 Digital Recorders1) $2,000.00 Approx.

Total (see notes)
Cross Connection Dye Test1
$4,350.00 Approx.

Total (see notes)
Cross-Connection Administrative Support $80.00
Technical Analyst & Operational Support $88.00
Stand-by (After Hours Rate) for Specialists $450/week
Certified Backflow Testing & Repairs
Certification and Report2 (All Sizes) $75.00
Confined Space Entry (2-Man Test) $150.00
Repairs (Prevailing Wage) $180.00

PUBLIC SECTOR SERVICES RATES
Skill Level or Service
Hourly Rate (Unless
Noted)
Repairs (Non-Prevailing Wage) $130.00
Backflow Prevention Program Administrative Support $80.00 Technical Analyst & Operational Support $88.00
Backflow Technician Hourly Rate $80.00
Wastewater Programs
Principal or Engineering Professional $180.00
Program/Project Manager $125.00
Senior Environmental Compliance Inspector – Source Control $115.00 Environmental Compliance Inspector I – Source Control $88.00 Environmental Compliance Inspector II – Source Control $100.00 FOG Control Inspectors (Trainee Level staff) – NPDES and Source Control $60.00 Technical Analyst & Operational Support $88.00
Stormwater Programs
Principal or Engineering Professional $180.00
Program/Project Manager $125.00
Senior Stormwater Inspector $95.00
QSP Certified Stormwater Inspector $90.00
Technical Analyst & Operational Support $88.00

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EXHIBIT “D”

CONTRACT MODIFICATIONS
N/A

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EXHIBIT “D”

FEDERAL REQUIREMENTS
N/A

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Packet Pg. 614 Attachment: GG Environmental_WW_Contract (4136 : Agreement - G&G Environmental Compliance, Inc.) ITEM NO. 9

STAFF REPORT
DATE: JULY 18, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE CONTRACT AWARD TO MATICH CORPORATION FOR FY 22-23 ASPHALT PAVING PROJECT IN THE AMOUNT OF
$2,503,137, RESOLUTION NO. R-68-23.

RECOMMENDED ACTION
Staff recommends that the City Council take the following action:

1. Authorize the award of contract for the FY 22-23 Asphalt Paving Project to Matich Corporation as the lowest responsive and responsible bidder in the amount of $2,503,137, and authorize the City Manager to execute the contract agreement.

2. Approve Resolution R-68-23 amending Fiscal Year 2023/2024 Capital Improvement Budget.

BACKGROUND
FY 2022-23 Asphalt Paving Project focuses on improving the City’s arterial and local streets, and alleys. The scope of work includes rubberized asphalt paving, asphalt grinding, traffic signal loops, and pavement striping and markings. The project is funded by Measure I, SB-1 and local funds. The project plan is attached as Exhibit A. The project will take place in the following locations:

1. 9th Street - Valley Blvd. to South End

2. Chase Canyon Lane - Prado Lane to End

3. Eucalyptus Avenue - San Bernardino Avenue to Randall Avenue

4. Pennsylvania Avenue - Valley Blvd to 'F' Street

5. Prado Lane - West City Limit to East End
9 Packet Pg. 615
Staff Report to the Mayor and City Council
Contract Award - Matich Corporation
July 18, 2023

6. RV Center Drive - Washington Street to Milano Way

7. Valley Blvd. - Rancho Ave. east to BNSF RR Tracks

8. 7th Street - Valley Blvd to 'H' Street

9. Citrus Street - Bordwell Avenue to La Cadena Drive

10. Cooley Drive - I-215 Bridge to Ashley Way (West)

11. Litton Avenue – La Cadena Drive to Bostick Avenue

12. Rancho Avenue - South of 'N' Street to Cement Plant Road

13. Rosedale Avenue (City Limit Only) - Litton Avenue to Seville Street

14. Palm Ave – La Cadena to Rosedale Ave.

15. Alley Paving - From 4th to Pennsylvania; Between Valley Blvd and 'H' St

16. Alley Paving - From E 'G' Street to Fairway Drive; Between Mt. Vernon Avenue and N 'G' St

17. Alley Paving - From La Cadena Drive to 7th Street; Between W 'G' Street and W 'F' Street

18. Hermosa Cemetery Streets
Paving of Litton Ave., Rosedale Ave. and Palm Ave. is a joint project with the City of Grand Terrace since both cities shared jurisdiction on these streets. The cooperative agreement between the two cities was approved by the City Council on May 16, 2023. Grand Terrace will contribute $159,872 for the design and construction of these streets.

ISSUES/ANALYSIS
In accordance with Colton Municipal Code (CMC) Section 3.08.090, a request for Notice Inviting Formal Bids was published in The Press Enterprise on May 19, 2023 and May 26, 2023.

On June 15, 2023, bids were opened and staff received the following bids:

Contractor Bid Amount
Matich Corporation $ 2,503,137.00
All American Asphalt Inc. $ 2,584,222.00
Hardy and Harper, Inc. $ 2,870,000.00
Staff reviewed and evaluated submitted bids and recommends awarding the contract (Exhibit B) for the FY 22-23 Asphalt Paving Project to the lowest responsive and responsible bidder, Matich Corporation, for $ 2,503,137.

FISCAL IMPACTS
Table below is the breakdown of the available funding for the project after the approval of Resolution No. R-68-23 (Exhibit C). The resolution will reallocate leftover Measure I and SB-1 fund from completed street improvement projects to the FY 22-23 Asphalt Paving Project:
9 Packet Pg. 616
Staff Report to the Mayor and City Council
Contract Award - Matich Corporation
July 18, 2023

Project Location Account No. Account
Balance
R-68-23 Total Avail.

Proj. Funding
Matich
Contract
9th Street 212-2300-6150-
3890 $61,028.22 $61,028.22 $61,028.22
Eucalyptus Ave 212-2301-6150-
3890 $248,561.24 $248,561.24 $240,000.00
Valley Blvd. 212-2302-6150-
3890 $329,155.33 $22,125.79 $351,281.12 $351,281.12
Pennsylvania
Ave.
212-2303-6150-
3890 $113,211.22 $113,211.22 $113,211.22
RV Center Drive 212-2304-6150-
3890 $117,910.43 $150,852.53 $268,762.96 $265,996.95
Prado Ln/Chase
Cyn.
212-2305-6150-
3890 $257,777.76 $257,777.76 $257,777.76
Cooley Drive 218-2306-6150-
3890 $422,666.72 $422,666.72 $350,772.07
7th Street 218-2307-6150-
3890 $46,368.40 $46,368.40 $46,368.40
Rancho Ave. 218-2308-6150-
3890 $215,976.32 $19,434.43 $235,410.75 $235,410.75
Citrus St. 218-2309-6150-
3890 $114,113.08 $114,113.08 $103,928.11
Rosedale Ave. 218-2310-6150-
3890 $50,362.72 $50,362.72 $46,000.00
Litton Ave. 218-2311-6150-
3890 $88,091.90 $88,091.90 $88,091.90
Alley Paving 218-2223-6150-
3890 $55,500.00 $55,500.00 $55,500.00
Hermosa
Cemetery
240-2324-6150-
3890 $206,307.09 $206,307.09 $163,194.50
Grand Terrace 218-2314-6150-
3890 $159,872.00 $159,872.00 $124,576.00
La Cadena Dr. S.
of Iowa
218-2219-6150-
3890 $4,390.00 ($4,390.00) $0 $0
La Cadena Drive
N. of Litton
218-2220-6150-
3890 $2,085.00 ($2,085.00) $0 $0
Citywide Striping 218-2224-6150-
3890 $12,959.43 ($12,959.43) $0 $0
Riverside Ave. 212-2005-6150-
3890 $79,573.16 ($79,573.16) $0 $0
Fairway Dr. 212-2008-6150-
3890 $13,864.27 ($13,864.27) $0 $0
9 Packet Pg. 617
Staff Report to the Mayor and City Council
Contract Award - Matich Corporation
July 18, 2023

Meridian Ave. 212-2009-6150-
3890 $57,415.10 ($57,415.10) $0 $0
C Street 212-2007-6150-
3890 $22,125.79 ($22,125.79) $0 $0
Total $2,679,315.18 $0 $2,679,315.18 $2,503,137.00
Per Resolution No. R-68-23, below is the list of Measure I and SB-1 projects that will increase/decrease funding:

1. Appropriation of $19,434.43 to FY 22-23 Asphalt Paving Project (Rancho Ave.) from the following projects:
a. La Cadena Dr. Paving Project from Iowa Ave. to SB I-215 on ramp by $4,390.00. b. La Cadena Dr.-Northbound Paving Project from Litton Ave. to Tropica Rancho Ave. by $2,085.00
c. Citywide Striping Project by $12,959.43

2. Appropriation of $150,852.53 to FY 22-23 Asphalt Paving Project (RV Center Drive) from the following projects:
a. Riverside Ave. Paving Project from M. Bustamante to Agua Mansa Rd. by $79,573.16
b. Fairway Dr. Paving Project from Auto Center to Crossroad by $13,864.27. c. Meridian Ave. Paving Project from San Bernardino Ave. to Porfirio Elias by $57,415.10.

3. Appropriation of $22,125.79 to FY 22-23 Asphalt Paving Project (Valley Blvd.) from C St. Paving Project from 7th Street to La Cadena Dr.) by $22,125.79

ENVIRONMENTAL IMPACTS
Staff recommends that the FY 22-23 Asphalt Paving Project be determined categorically exempt under California Environmental Quality Act (CEQA) Guidelines Section 15301(c) - Existing highways and streets.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - FY 22-23 Asphalt Paving Project Plans

2. Exhibit B - Matich Construction Contract

3. Exhibit C - Resolution R-68-23 Amending Budget
9 Packet Pg. 618

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Attachment: Exhibit A - FY 22-23 Asphalt Paving Project Plans (4141 : Contract Award - Matich Corporation)

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Attachment: Exhibit A - FY 22-23 Asphalt Paving Project Plans (4141 : Contract Award - Matich Corporation)

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Attachment: Exhibit A - FY 22-23 Asphalt Paving Project Plans (4141 : Contract Award - Matich Corporation)

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Attachment: Exhibit A - FY 22-23 Asphalt Paving Project Plans (4141 : Contract Award - Matich Corporation)

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Attachment: Exhibit A - FY 22-23 Asphalt Paving Project Plans (4141 : Contract Award - Matich Corporation)

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Attachment: Exhibit A - FY 22-23 Asphalt Paving Project Plans (4141 : Contract Award - Matich Corporation)

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Attachment: Exhibit A - FY 22-23 Asphalt Paving Project Plans (4141 : Contract Award - Matich Corporation)

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Attachment: Exhibit A - FY 22-23 Asphalt Paving Project Plans (4141 : Contract Award - Matich Corporation)

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Attachment: Exhibit A - FY 22-23 Asphalt Paving Project Plans (4141 : Contract Award - Matich Corporation)

CONTRACT
THIS CONTRACT is made this 19th day of July 2023, in the County of San Bernardino, State of California, by and between the City of Colton, hereinafter called City, and Matich Corporation, hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:

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

FY 22-23 ASPHALT PAVING PROJECT
The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within NINETY (90) working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Two Million Five Hundred Three Thousand One Hundred Thirty Seven Dollars and No Cents ($2,503,137.00).

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 Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

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

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

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Packet Pg. 632 Attachment: Exhibit B - Matich Construction Contract (4141 : Contract Award - Matich Corporation) 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 required by all. This Contract shall supersede any prior agreement of the parties.

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

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

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

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

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Packet Pg. 633 Attachment: Exhibit B - Matich Construction Contract (4141 : Contract Award - Matich Corporation)

CITY OF COLTON
By:

______________________________
Signature
__William R. Smith______________
Name
__City Manager_________________
Title
Attest:
______________________________
City Clerk
Recommended By:

______________________________
Signature
______________________________
Name
______________________________
Title

MATICH CORPORATION
By:

______________________________
Signature
______________________________
Name
______________________________
Title
______________________________
License Number

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Packet Pg. 634 Attachment: Exhibit B - Matich Construction Contract (4141 : Contract Award - Matich Corporation)

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RESOLUTION NO. R-68-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
AMENDING THE FISCAL YEAR 2023/2024 CAPITAL IMPROVEMENT
BUDGET.

WHEREAS, the City intends to support the City’s goal to improve the City’s traffic safety and infrastructure; and
WHEREAS, the Measure I and SB-1 Fund can be used to fund street improvement and rehabilitation projects; and
WHEREAS, the City of Colton wants to reallocate leftover Measure I and SB-1 fund from completed street improvement projects to the FY 22-23 Asphalt Paving Project; and WHEREAS, , the City of Colton wants to amend the Fiscal Year 2023-2024 Capital Improvement Budget for the FY 22-23 Asphalt Paving Project; and WHEREAS, a budget appropriation for approved activities, not listed in the 2023-2024 Fiscal Year budget is required and must be approved by resolution of the City Council.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF COLTON, AS FOLLOWS:

Section 1 The Recitals preceding in this Resolution are true and correct and are incorporated into this Resolution by reference.

Section 2 The City Council authorizes the following amendment for the Fiscal Year 2023/2024 budget:
 Decrease appropriations in account no. 218-2219-6150-3890-0000-000 (La Cadena Dr.

Paving Project from Iowa Ave. to SB I-215 on ramp) by $4,390.00;  Decrease appropriations in account no. 218-2220-6150-3890-0000-000 (La Cadena Dr.-Northbound Paving Project from Litton Ave. to Tropica Rancho Ave.) by $2,085.00;  Decrease appropriations in account no. 218-2224-6150-3890-0000-000 (Citywide Striping Project.) by $12,959.43;
 Increase appropriations in account number 218-2308-6150-3890-0000-000 (FY22/23 Asphalt Paving Project – Rancho Ave.) by $19,434.43;
 Decrease appropriations in account no. 212-2005-6150-3890 (Riverside Ave. Paving Project from M. Bustamante to Agua Mansa Rd.) by $79,573.16;  Decrease appropriations in account no. 212-2008-6150-3890 (Fairway Dr. Paving Project from Auto Center to Crossroad) by $13,864.27;
 Decrease appropriations in account no. 212-2009-6150-3890 (Meridian Ave. Paving Project from San Bernardino Ave. to Porfirio Elias) by $57,415.10;

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 Increase appropriations in account number 212-2304-6150-3890-0000-000 (FY22/23 Asphalt Paving Project – RV Center Drive) by $150,852.53;  Decrease appropriations in account no. 212-2007-6150-3890 (C St. Paving Project from 7 th Street to La Cadena Dr.) by $22,125.79;
 Increase appropriations in account number 212-2302-6150-3890-0000-000 (FY 22/23 Asphalt Paving Project – Valley Blvd) by $22,125.79.

PASSED, APPROVED AND ADOPTED THIS 18th DAY OF JULY 2023 _____________________________________
FRANK J. NAVARRO
Mayor
ATTEST:
_____________________________________

STEPHANIE VARGAS
Deputy City Clerk

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Packet Pg. 669 Attachment: Exhibit C - Resolution R-68-23 Amending Budget (4141 : Contract Award - Matich Corporation) ITEM NO. 10

STAFF REPORT
DATE: JULY 18, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE CONTRACT AMENDMENT WITH NINYO AND MOORE

TO COMPLETE PHASE II ENVIRONMENTAL WORK FOR A

FUTURE ZERO NET ENERGY (ZNE) PUBLIC WORKS & UTILITIES
BUILDING.

RECOMMENDED ACTION
Staff recommends that the City Council take the following action:

Authorize the City Manager to execute the attached first amendment to the Professional Services Agreement (PSA) with Ninyo & Moore, to complete Phase II Environmental with additional amendments to the scope of work from the Department of Toxic Substance Control, per terms of the PSA, including exhibits attached thereto.

BACKGROUND
The City of Colton has been working on a preconstruction design for a future Zero Net Energy (ZNE) Public Works and Utilities building in the current location of 160 S. 10th Street. During the initial Geotechnical request for proposals (RFP), a land covenant/deed restriction was discovered on Assessor Parcel Number 163-041-38 in the City’s corporate yard.

The City applied for funding to mitigate the land use covenant. On July 1 2022, The Department of Toxic Substance Control (DTSC) contacted the City of Colton as the selected inaugural grantee for the Equitable Community Revitalization Grant (ECRG) in the amount of $280,000.

City Council accepted the grant award September 6, 2022 with approval of Resolution No. R-98-

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Packet Pg. 670
Staff Report to the Mayor and City Council
Contract Amendment - Ninyo and Moore
July 18, 2023

With these funds, staff has completed Phase I Environmental and currently working on Phase II with Ninyo & Moore. Council has awarded the contract to Ninyo & Moore as, the lowest responsive and responsible bidder in accordance with Colton Municipal Code Sections 3.08.020 and 3.080.050(G) on February 21, 2023.

ISSUES/ANALYSIS
After the scoping meeting with DTSC, it was determined that additional site investigation work needs to be completed outside of the original scope of work that was awarded to Ninyo & Moore. DTSC wanted a Supplemental Site Investigation (SSI) Scoping Meeting, SSI Work- plan preparation, and implementation of the SSI for the City of Colton Maintenance Service Yard located 160 South 10th Street in Colton, California (site).

The additional cost for the first amendment to the contract is $49,590. The original awarded authorized amount was $89,500. If approved, the revised work authorization request is $139,090.

FISCAL IMPACTS
Sufficient appropriations for the proposed $49,590 contract amendment are available to carryover in the FY2023-24 adopted budget in Electric Utility Fund Capital Improvement Expenditure Account Number 520-8000-8001-3890-0107-000.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Ninyo&Moore212259001 Fee Amendment 1 6-6-23
10 Packet Pg. 671
355 South Grand Avenue, Ste. 2450 | Los Angeles, California 90071 | p. 213.488.5111 | www.ninyoandmoore.com June 6, 2023
Project No. 212259001
Ms. Jessica Sutorus
Environmental Conservation Supervisor
City of Colton Electric Utility
Public Works and Utility Services Department
160 South 10th Street
Colton, California 90017
Subject: Amendment No. 1 for Additional Supplemental Site Investigation Maintenance Service Yard - City of Colton
160 South 10th Street
Colton, California 90017
Reference: Ninyo & Moore, 2023, Proposal for Proposal for Phase II Environmental Investigation, Maintenance Service Yard -Colton, California, dated January 19.

Dear Mr. Sutorus:

Ninyo & Moore submits this Amendment No. 1 to Professional Services Agreement, dated March 28, 2023, to include additional out of scope items from our referenced Phase II Environmental Investigation proposal, as requested by the DTSC on April 10, and May 15, 2023, for a Supplemental Site Investigation (SSI) Scoping Meeting, SSI Workplan preparation, and implementation of the SSI for the City of Colton Maintenance Service Yard located 160 South 10th Street in Colton, California (site).

SCOPE OF SERVICES
The additional out of scope services described below is in additional to what was originally scoped in our referenced proposal, dated January 19, 2023.

Project Coordination, Zoom Meeting, Background Review and Management The following activities will be performed by Ninyo & Moore:
• Review additional background reports and maps provided by City of Colton and DTSC website Envirostor LAUSD including:
o ENGEO Phase I ESA
o Colton Manufactured Gas Plant Site, 160 South 10th Street, Colton, California. o ENV America Incorporated, August 7, 2002. Soil Remediation Closure Report, Former o IT Corporation, 1999, Removal Action Workplan, Former Colton MGS Site, April.

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Packet Pg. 672 Attachment: Ninyo&Moore212259001 Fee Amendment 1 6-6-23 (4115 : Contract Amendment - Ninyo and Moore) Ninyo & Moore | 160 South 10th Street Colton, California | 212259001| June 6, 2023 2 • Perform additional project coordination activities with the City, DTSC and Noreas regarding the revised project scope and schedule and preparation and distribution of Powerpoint presentation for the scoping meeting with DTSC, City, SCE and Noreas. • Prepare for, and attend Zoom meeting with SCE consultant (Noreas) on April 12, 2023, to discuss Ninyo & Moore’s proposed scope-of-work, sampling rationale for soil matrix, soil vapor, and findings of the geophysical survey and ENV America Reports • An additional conference calls to discuss the findings of the site visit conducted on April 20, 2023, and new site boundary with City on May 25, 2023.
• Prepare Conceptual Site Model (CSM) as requested by DTSC.

Site Visit
Site Visit at City of Colton Maintenance Yard to observe the interior of Automotive Shop, 3-stage clarifier, warehouse, shop, water department building and wash rack.

Scoping Meeting Preparation
The additional tasks to prepare scoping meeting presentation included the following activities:
• Create Powerpoint presentation in accordance to DTSC’s Voluntary Agreements - Assessment &Cleanup Process Quick Reference Guide for a Scoping Meeting for the proposed scope of work for the Supplemental Site Investigation (SSI) including Project Objectives, Site History, Data Quality Objectives, preliminary draft CSM, proposed sample location maps, a sample rationale tables, and Project Schedule.
• Create soil vapor and soil matrix sampling rationale table for Recognized Environmental Conditions (RECs) identified on ENGEO Phase I Environmental Site Assessment (ESA) Report and ENV America Closure report in preparation of DTSC scoping meeting. • Create figure showing the proposed sample locations in the areas of concern (AOC) for soil borings and soil vapor probes, for Recognized Environmental Conditions (RECs) identified in the Phase I ESA prepared by ENGEO and from site walk conducted by Ninyo & Moore on April 20, 2023.
• Revising Figure based on new areas of concern and the site boundary provided by City.

Attending Scoping Meeting
• Attend DTSC Scoping Meeting with City of Colton, DTSC, and Noreas (SCEs consultant).

Prepare SSI Workplan
The additional tasks to prepare SSI Workplan included the following activities:
• The SSI Work Plan is to provide the proposed scope of work identified during the May 15, 2023 virtual scoping meeting with the City, DTSC, Noreas, SCE, and Ninyo & Moore. This SSI Work Plan proposes drilling, soil sampling, soil vapor probe installations, and soil vapor sampling. A discussion of previous investigations and results, a conceptual Site model (CSM), and description of proposed work as presented in our Phase II ESA proposal dated January 19, 2023.

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Packet Pg. 673 Attachment: Ninyo&Moore212259001 Fee Amendment 1 6-6-23 (4115 : Contract Amendment - Ninyo and Moore) Ninyo & Moore | 160 South 10th Street Colton, California | 212259001| June 6, 2023 3 • Revise soil vapor and soil matrix sampling rationale table for Recognized Environmental Conditions (RECs) identified on the ENGEO Phase I Environmental Site Assessment (ESA) Report.
• Create an additional figure showing the proposed sampling locations of new identified RECs following the discussion with City on the new site boundary and areas of concern.

SSI Fieldwork
The additional SSI field activities will be performed by Ninyo & Moore and our certified subcontractors in support of the planning to redevelop the Colton Maintenance Yard:
• Conduct additional geophysical survey to identify drains, sumps, clarifiers, and other subsurface structures and anomalies within the City Maintenance Yard The additional areas of concern (AOC7 thru AOC10) that required utility clearance included: interior of auto shop at nine drain locations, exterior 3-stage underground clarifier, wash rack, the administration building, T&D building, the shop building and water department building. • Advance an additional 34 soil borings to maximum depth of approximately 15 feet below ground surface (bgs) using a direct push drilling rig. The upper 5 feet of soils will be advanced using hand auger equipment.
• Collect additional soil samples at depths of approximately 0.5 ft, 2.5, 5, 10, or 15 feet bgs from select borings based on the corresponding AOC. Soil samples will be collected in laboratorysupplied containers or sleeves and transported in an ice-cooled chest under chain-of-custody protocol to a California Department of Public Health, Environmental Laboratory Accreditation Program-certified laboratory.
• Analyze additional soil samples for the following analytical methods:
o Lead in accordance with EPA Method 6010B in 22 additional shallow samples o VOCs in accordance with EPA Method 8260B/5035 in 18 additional samples o Total Petroleum Hydrocarbons (TPH) as gasoline, diesel, and oil in accordance EPA Method 8015M in 14 additional samples
o PAHs in accordance with EPA Method 8270SIM in 10 additional samples o Polychlorinated biphenyls (PCBs) in accordance with EPA Method 8082/3450C Soxhlet Extraction (shallow sample only) in all samples.
• Convert three additional soil borings to multi-depth soil vapor probes in two new AOCs (3-stage underground clarifier and wash rack), with probes installed at 5 and 15 feet bgs in accordance with DTSC protocol. The borings will be advanced using a direct push truck mounted drilling rig. • An additional day after the installation of dual-nested vapor probes to collect and analyze soil vapor samples for VOCs by EPA Method 8260B using a State-certified mobile laboratory provided by Jones Environmental. Soil vapor sampling will be conducted in accordance with DTSC’s 2015 Soil Gas Advisory for Active Soil Gas Investigations. • Based on the 2022 Phase I ESA report, some excavations conducted at the site were backfilled with undocumented imported fill material in the 1980s in the eastern portion of Site. This fill material may extend down to approximately 12 feet bgs. It is noted that quarry is located approximately 1 mile to the west of the site which may have been the source for this fill material.

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Packet Pg. 674 Attachment: Ninyo&Moore212259001 Fee Amendment 1 6-6-23 (4115 : Contract Amendment - Ninyo and Moore) Ninyo & Moore | 160 South 10th Street Colton, California | 212259001| June 6, 2023 4 Therefore, ten samples from 5 borings will be collected for the following analysis per the 2001 DTSC Information Advisory Clean Imported Fill Material guidance document:
 Title 22 metals in accordance with EPA Method 6010B/7471A  Asbestos by polarized light microscopy (PLM); and
 pH
Additional SSI Reporting
Additional reporting tasks for this Task includes:
• Conduct a Human Health Risk Assessment (HHRA) in accordance with the Preliminary Endangerment Assessment (PEA) Guidance Manual and DTSC Notes 1 through 12 (https://dtsc.ca.gov/human-health-risk-hero/). Given the location of the Site, the HHRA will include the evaluation of commercial/industrial exposure scenarios. Potential emissions to indoor air will be evaluated in accordance with methodology described by the DTSC’s Vapor Intrusion guidance (DTSC, 2011). Lead in soil risk evaluation will be qualitatively evaluated using the current lead screening level of 80 mg/kg. The risk assessment report will be prepared with the objective of providing a clear and concise presentation of all assumptions, estimates, and methods. All exposure and fate and transport models and assumptions will be documented and referenced.
• Compile and tabulate additional analytical results from the additional proposed borings and compare results to applicable screening levels
• Create figures showing the original proposed sample locations, and display call-out tables with concentrations of contaminants of concern
• Create additional detailed boring logs for the proposed borings, deeper borings with soil vapor probes installed
• Discuss the results of field observations, the geophysical survey report, laboratory analysis, and other applicable information
• Incorporate our findings, conclusions, and recommendations into the SSI Summary Report.

ASSUMPTIONS
• City alley encroachment permits are not included
• Analysis of Field Quality Assurance and Quality Control samples are not included

ESTIMATED FEE
Our environmental services will be provided on a time-and-material basis in accordance with our approved Professional Services Agreement (PSA). Based on the scope of work outlined above, the estimated fee to perform the above tasks including a breakdown of the costs is provided in Table 1.

Labor and direct charges documentation will be provided with our monthly invoices in accordance with our PSA.

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Packet Pg. 675 Attachment: Ninyo&Moore212259001 Fee Amendment 1 6-6-23 (4115 : Contract Amendment - Ninyo and Moore) Ninyo & Moore | 160 South 10th Street Colton, California | 212259001| June 6, 2023 5 The additional charges for Amendment No. 1 are $49,590. These charges are in addition to our Work Authorization amount of $89,500. When adding the cost of Amendment No. 1 to original Agreement the revised work authorization amount is $139,090.

Ninyo & Moore appreciates the opportunity to be of service to the City of Colton. If you have any questions or need additional information, please contact either of the undersigned at your convenience.

Sincerely,

NINYO & MOORE
Dennis Fee, EIT
Senior Project Engineer
Anthony Lizzi, PG, CHG
Principal Geologist

DWF/AJL/
Attachment: Table 1 – Breakdown of Estimated Fee

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Packet Pg. 676 Attachment: Ninyo&Moore212259001 Fee Amendment 1 6-6-23 (4115 : Contract Amendment - Ninyo and Moore) Labor
Principal Geologist/Engineer 8 hours @ $ 195.00 /hour $ 1,560.00 Senior Project Engineer 8 hours @ $ 185.00 /hour $ 1,480.00 Senior Staff Engineer/Geologist/Scientist 12 hours @ $ 150.00 /hour $ 1,800.00 Staff Engineer/Geologist/Scientist 4 hour @ $ 140.00 /hour $ 560.00 Subtotal $ 5,400.00
$ 5,400.00
Labor
Principal Geologist/Engineer 12 hours @ $ 195.00 /hour $ 2,340.00 Senior Project Engineer 8 hours @ $ 185.00 /hour $ 1,480.00 Technical Illustrator/CAD Operator 4 hour @ $ 103.00 /hour $ 412.00 Subtotal $ 4,232.00
$ 4,232.00
Labor
Principal Geologist/Engineer 5 hours @ $ 195.00 /hour $ 975.00 Senior Project Engineer 5 hours @ $ 185.00 /hour $ 925.00 PPE 1 day @ $ 12.00 /day $ 12.00
Vehicle Mileage 101 miles @ $ 0.655 /hour $ 66.16
Subtotal $ 1,978.16
$ 1,978.16
Labor
Principal Geologist/Engineer 2 hours @ $ 195.00 /hour $ 390.00 Senior Project Engineer 2 hours @ $ 185.00 /hour $ 370.00 Subtotal $ 760.00
$ 760.00
Labor
Principal Geologist/Engineer 4 hours @ $ 195.00 /hour $ 780.00 Senior Project Engineer 12 hours @ $ 185.00 /hour $ 2,220.00 Staff Engineer/Geologist/Scientist 26 hours @ $ 140.00 /hour $ 3,640.00 Technical Illustrator/CAD Operator 6 hour @ $ 103.00 /hour $ 618.00 Data Processor 2 hours @ $ 75.00 /hour $ 150.00
Subtotal $ 7,408.00
$ 7,408.00
Labor
Principal Geologist/Engineer hour @ $ 195.00 /hour $ -
Senior Project Engineer 4 hours @ $ 185.00 /hour $ 740.00 Senior Staff Engineer/Geologist/Scientist 12 hours @ $ 150.00 /hour $ 1,800.00 Staff Engineer/Geologist/Scientist 12 hours @ $ 140.00 /hour $ 1,680.00 Subtotal $ 4,220.00
Subcontractors
Drilling & Coring (MR Drilling) $ 3,565.00
Geophysical Survey Full Scan(Subsurface Survey) $ 2,300.00 Lead by EPA 6010B 22 units @ $ 20.70 /unit $ 455.40
Title 22 Metals by EPA 6010B/7471A 10 units @ $ 101.20 /unit $ 1,012.00 PAHs by EPA 8270 SIM 6 units @ $ 143.75 /unit $ 862.50
VOCs by EPA 8260B/5035 18 units @ $ 79.35 /unit $ 1,428.30 TPHg,d,o by EPA 8015M 14 units @ $ 89.70 /unit $ 1,255.80 OCPs by EPA 8081A 3 units @ $ 86.25 /unit $ 258.75
PCBs by EPA 8082 5 units @ $ 86.25 /unit $ 431.25
PCBs by EPA 8082 Soxlet Extraction 28 units @ $ 40.25 /unit $ 1,127.00 Asbestos PLM 10 units @ $ 20.00 /unit $ 200.00
pH 10 units @ $ 20.00 /unit $ 200.00
Jones Mobile Lab withTechnician $ -
Waste Drum Disposal (Belshire Env) $ -
Subtotal $ 13,096.00
ODCs
Hand Augering Equipment 1 day @ $ 50.00 /day $ 50.00
PID 1 day @ $ 150.00 /day $ 150.00
Field Supplies 1 day @ $ 60.00 /day $ 60.00
Level D PPE 1 staff for 1 day @ $ 35.00 /day $ 35.00
Mileage 115 miles for 1 day @ $ 0.655 /mile $ 75.33
Subtotal $ 370.33
Total $ 17,686.33
Table 1 – Breakdown of Estimated Fee
Project Setup, Permitting & Management
SSI Field Work
Total
Prepare Powerpoint Presentation
Total
Lump Sum
Laboratory Analysis of Soil Samples (OCA), 5-7 day Standard TAT Lump Sum
Lump Sum
Prepare SSI Workplan to DTSC
Total
Site Visit to Observe Auto Shop and Electrical Substaion/Yard Total
DTSC Scoping Meeting -Attend
Total
Ninyo & Moore | 160 South 10th Street, Colton, California | 212259001 | | June 6, 2023 1

10.a
Packet Pg. 677 Attachment: Ninyo&Moore212259001 Fee Amendment 1 6-6-23 (4115 : Contract Amendment - Ninyo and Moore) Table 1 – Breakdown of Estimated Fee
Labor
Principal Geologist/Engineer 2 hours @ $ 195.00 /hour $ 390.00 Senior Project Engineer 4 hours @ $ 185.00 /hour $ 740.00 Senior Staff Engineer/Geologist/Scientist 12 hours @ $ 150.00 /hour $ 1,800.00 Staff Engineer/Geologist/Scientist 6 hours @ $ 140.00 /hour $ 840.00 Technical Illustrator/CAD Operator 2 hours @ $ 103.00 /hour $ 206.00 Data Processor 2 hours @ $ 75.00 /hour $ 150.00
Toxicologist for Health Risk Assessment 40 hours @ $ 200.00 /hour $ 8,000.00 Subtotal $ 12,126.00
TOTAL ESTIMATED FEE $49,590
$89,500
Amendment No. 1 $49,590
$139,090
SSI Reporting & Health Risk Assessment
Project Cost Summary Table
Initial Purchase Order Amount

TOTAL REVISED PROJECT COST
Ninyo & Moore | 160 South 10th Street, Colton, California | 212259001 | June 6, 2023 2

10.a
Packet Pg. 678 Attachment: Ninyo&Moore212259001 Fee Amendment 1 6-6-23 (4115 : Contract Amendment - Ninyo and Moore) ITEM NO. 11

STAFF REPORT
DATE: JULY 18, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: APPROVE CONTRACT AMENDMENT WITH SAGECREST
PLANNING + ENVIRONMENTAL FOR REIMBURSABLE
PLANNING ENTITLEMENT SERVICES.

RECOMMENDED ACTION
Staff recommends that the City Council take the following action:

Approve Contract Amendment with Sagecrest Planning+Environmental to increase compensation by $30,000 for reimbursable planning entitlement services.

BACKGROUND
In order to streamline and expedite processing of the Rancho del Prado Specific Plan applications, upon request of the applicant, the City entered into a contract on November 4, 2019, with Sagecrest Environmental+Planning for project management and entitlements services. The contract was amended on October 20, 2020, to add the Agua Mansa Logistics Center to the consultant’s scope of services. Staff is recommending approval of a contract amendment with Sagecrest Planning + Environmental to continue the services until final decisions are made on both projects.

ISSUES/ANALYSIS
Both the Agua Mansa Logistics Center and Rancho del Prado applicants have entered into Reimbursement Agreements with the City and deposited funds for completion of the processing of their applications. However, the consultant’s contract authorizes up to $70,000 for their services, which is close to being fully expended. Therefore, an additional allocation of $30,000 is necessary to complete entitlement services for both projects. 11 Packet Pg. 679
Staff Report to the Mayor and City Council
Contract Amendment - Sagecrest Planning + Environmental July 18, 2023

FISCAL IMPACTS
The consultant services are funded by applicant deposits into Revenue Account No. 100-6799- 000 pursuant to Reimbursement Agreements. Cumulative reimbursable compensation for the consultant will increase from $70,000 to $100,000, including the Rancho del Prado and Agua Mansa Logistics Center projects. Consultant services are budgeted and available in the adopted FY2023-24 Development Services Department Professional Services Account No. 100-6300- 6301-2357-0000-000. No additional appropriation is necessary.

ALTERNATIVES
Provide alternative direction to staff.

ATTACHMENT

1. Third Amendment_Sagecrest Planning+Environmental

2. Executed 2nd Amendment Agreement_Sagecrest

3. First Amendment Contract_Sagecrest_signed

4. PSA_Executed Agreement_Sagecrest
11 Packet Pg. 680
(BB&K: 10-19)
23152.06000\32391457.2

THIRD AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND
SAGECREST PLANNING+ENVIRONMENTAL

1. PARTIES AND DATE.

This Third Amendment to the Professional Services Agreement (“Third Amendment”) is made and entered into this 18th day of July, 2023 by and between the City of Colton (“City”) and Sagecrest Planning+Environmental, a Limited Liability Corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Third Amendment.

2. RECITALS.

2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated November 4, 2019 (“Agreement”), whereby Consultant agreed to provide planning project management consulting services.

2.2 First Amendment. On October 20, 2020, City and Consultant amended the Agreement for the First time to extend the term, increase compensation and amend the Scope of Services.

2.3 Second Amendment. On August 16, 2022, City and Consultant amended the Agreement for the Second time to extend the term to June 30, 2023.

2.4 Extension of Term. On June 15, 2023, City and Consultant extended the term of the Agreement, by mutual written concurrence, to June 30, 2024.

2.2 Amendment. City and Consultant desire to amend the Agreement for the Third time to increase compensation in order to continue providing project management and entitlement services through Fiscal Year 2023-24.

2.3 Amendment Authority. This Third Amendment is authorized pursuant to Section

3.6.13 of the Agreement.

3. TERMS.

3.2 Section 3.3.1 Compensation. Section 3.3.31 of the Agreement is hereby deleted in its entirety and replaced with the following:

11.a
Packet Pg. 681 Attachment: Third Amendment_Sagecrest Planning+Environmental (4135 : Contract Amendment - Sagecrest Planning + Environmental) 2 (BB&K: 10-19)
23152.06000\32391457.2
“Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed one-hundred thousand dollars ($100,000) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”

3.6 Continuing Effect of Agreement. Except as amended by this Third Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.

From and after the date of this Third Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Third Amendment.

3.7 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Third Amendment.

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

3.9 Counterparts. This Third Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]

11.a
Packet Pg. 682 Attachment: Third Amendment_Sagecrest Planning+Environmental (4135 : Contract Amendment - Sagecrest Planning + Environmental) 3 (BB&K: 10-19)
23152.06000\32391457.2

SIGNATURE PAGE FOR THIRD AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND SAGECREST PLANNING+ENVIRONMENTAL
IN WITNESS WHEREOF, the Parties have entered into this Third Amendment to the Professional Services Agreement as of the day and year first above written.

CITY OF COLTON
By: _________________________
William R. Smith
City Manager
Attest: _________________________
Stephanie Vargas
Deputy City Clerk
SAGECREST PLANNING+ENVIRONMENTAL
a LIMITED LIABILITY CORPORATION
By: _________________________
Signature
_________________________
Amy Vasquez
_________________________
President

11.a
Packet Pg. 683 Attachment: Third Amendment_Sagecrest Planning+Environmental (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.b
Packet Pg. 684 Attachment: Executed 2nd Amendment Agreement_Sagecrest (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.b
Packet Pg. 685 Attachment: Executed 2nd Amendment Agreement_Sagecrest (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.b
Packet Pg. 686 Attachment: Executed 2nd Amendment Agreement_Sagecrest (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.c
Packet Pg. 687 Attachment: First Amendment Contract_Sagecrest_signed (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.c
Packet Pg. 688 Attachment: First Amendment Contract_Sagecrest_signed (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.c
Packet Pg. 689 Attachment: First Amendment Contract_Sagecrest_signed (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.c
Packet Pg. 690 Attachment: First Amendment Contract_Sagecrest_signed (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.c
Packet Pg. 691 Attachment: First Amendment Contract_Sagecrest_signed (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.c
Packet Pg. 692 Attachment: First Amendment Contract_Sagecrest_signed (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.c
Packet Pg. 693 Attachment: First Amendment Contract_Sagecrest_signed (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.c
Packet Pg. 694 Attachment: First Amendment Contract_Sagecrest_signed (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.c
Packet Pg. 695 Attachment: First Amendment Contract_Sagecrest_signed (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.c
Packet Pg. 696 Attachment: First Amendment Contract_Sagecrest_signed (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.c
Packet Pg. 697 Attachment: First Amendment Contract_Sagecrest_signed (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.d
Packet Pg. 698 Attachment: PSA_Executed Agreement_Sagecrest (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.d
Packet Pg. 699 Attachment: PSA_Executed Agreement_Sagecrest (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.d
Packet Pg. 700 Attachment: PSA_Executed Agreement_Sagecrest (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.d
Packet Pg. 701 Attachment: PSA_Executed Agreement_Sagecrest (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.d
Packet Pg. 702 Attachment: PSA_Executed Agreement_Sagecrest (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.d
Packet Pg. 703 Attachment: PSA_Executed Agreement_Sagecrest (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.d
Packet Pg. 704 Attachment: PSA_Executed Agreement_Sagecrest (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.d
Packet Pg. 705 Attachment: PSA_Executed Agreement_Sagecrest (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.d
Packet Pg. 706 Attachment: PSA_Executed Agreement_Sagecrest (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.d
Packet Pg. 707 Attachment: PSA_Executed Agreement_Sagecrest (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.d
Packet Pg. 708 Attachment: PSA_Executed Agreement_Sagecrest (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.d
Packet Pg. 709 Attachment: PSA_Executed Agreement_Sagecrest (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.d
Packet Pg. 710 Attachment: PSA_Executed Agreement_Sagecrest (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.d
Packet Pg. 711 Attachment: PSA_Executed Agreement_Sagecrest (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.d
Packet Pg. 712 Attachment: PSA_Executed Agreement_Sagecrest (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.d
Packet Pg. 713 Attachment: PSA_Executed Agreement_Sagecrest (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.d
Packet Pg. 714 Attachment: PSA_Executed Agreement_Sagecrest (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.d
Packet Pg. 715 Attachment: PSA_Executed Agreement_Sagecrest (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.d
Packet Pg. 716 Attachment: PSA_Executed Agreement_Sagecrest (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.d
Packet Pg. 717 Attachment: PSA_Executed Agreement_Sagecrest (4135 : Contract Amendment - Sagecrest Planning + Environmental)

11.d
Packet Pg. 718 Attachment: PSA_Executed Agreement_Sagecrest (4135 : Contract Amendment - Sagecrest Planning + Environmental) ITEM NO. 12

STAFF REPORT
DATE: JULY 18, 2023
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 AWARD OF CONTRACT TO DANNY C. HUBBS CONSTRUCTION, INC. FOR HSIP FUNDED GUARDRAIL REPAIR
PROJECT HSIPSL- 5065(032) IN THE AMOUNT OF $144,985.00, RESOLUTION NO. R-62-23.

RECOMMENDED ACTION
Staff recommends that the City Council take the following action:

1. Approve the award of construction contract for the Highway Safety Improvement Program (HSIP) Guardrail Repair Project- HSIPL-5065(032) to Danny C. Hubbs Construction, Inc., as the lowest responsive and responsible bidder, in the amount of $144,985.00 and authorize the City Manager to execute the contract agreement.

2. Approve Resolution R-62-23 (Exhibit A) amending the Fiscal Year 2023/2024 Capital Improvement Program budget for the Project.

BACKGROUND
The Highway Safety Improvement Program (HSIP) is one of the federal-aid programs that provides funding for safety of streets and highways. The purpose of the HSIP program is to achieve a significant reduction in traffic accidents, fatalities and serious injuries on all public roads, including non-State-owned public roads and roads on tribal land.

On May 13, 2022, the City received approval from Caltrans allocating additional funding in the amount of $62,733.00 (Exhibit B) for the Guardrail Replacement Project. The original grant amount awarded for the project is $110,200. The funding for this project does not require local match.
12 Packet Pg. 719
Staff Report to the Mayor and City Council
Contract Award - Danny C. Hubbs Construction, Inc.

July 18, 2023

The scope of the project will replaced damaged guardrail along the following locations (see Exhibit C – Project Plans):

1. Mt. Vernon Avenue north and south of the bridge over Santa Ana River.

2. South La Cadena Drive between Maryknoll Ave. and I-215 Freeway southbound onramp.

3. Barton Road at La Cadena Intersection.

ISSUES/ANALYSIS
In accordance with Colton Municipal Code Section 3.08.090, a request for Notice Inviting Formal Bids was published in The Press Enterprise on October 14, 2022 and October 21, 2022.

The sealed bid opening took place on November 10, 2022 at 3:00 P.M. in the City Hall Conference Room. The City received bid from one (1) contractor only. The sealed bid received is:

Contractor’s Name Bid Amount

1. Danny C. Hubbs Construction, Inc. $144,985.00
Staff has evaluated the submitted bid and found the price reasonable and consistent with industry standard. Staff recommends award of a construction contract (Exhibit D) to Danny C. Hubbs Construction, Inc. as the lowest responsive and responsible bidder in the amount of $144,985.00.

FISCAL IMPACTS
The available funding balance in account no.225-2239-6150-3890 for the construction phase of this project is $101,299.83. Resolution R-62-23 will allocate additional funding received by the City for this project in the amount of $62,733. Upon approval of the resolution, the total construction funding for the Project is $164,032.83. Danny C. Hubbs Construction, Inc. contract in the amount of $144,985.00.

ENVIRONMENTAL IMPACTS
Documents for the California Environmental Quality Act (CEQA) and the National Environmental Quality Acts (NEPA) were prepared as part of the Preliminary Engineering phase for this Project. The Project is Categorically Exempt for both CEQA and NEPA.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT
12 Packet Pg. 720
Staff Report to the Mayor and City Council
Contract Award - Danny C. Hubbs Construction, Inc.

July 18, 2023

1. Exhibit A - Resolution Amending Budget

2. Exhibit B - Allocation Letter from Caltrans for Additional Funding

3. Exhibit C -Guardrail Upgrade Project Plans

4. Exhibit D - Contract- Danny C Hubbs
12 Packet Pg. 721
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. R-62-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
AMENDING THE FISCAL YEAR 2023/2024 CAPITAL IMPROVEMENT
BUDGET.

WHEREAS, the City intends to support the City’s goal to improve the City’s traffic safety and infrastructure; and
WHEREAS, the City of Colton received additional Highway Safety Improvement Program (HSIP) funding through Caltrans in the amount of $62,733 for HSIP funded – Guardrail Replacement Project - HSIPSL-5065-032; and
WHEREAS, HSIP funding will provide for 100% project expenditures and local match is not required for the Project; and
WHEREAS, a budget appropriation not listed in the Fiscal Year 2023/2024 budget is required and must be approved by resolution of the City Council.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF COLTON, AS FOLLOWS:

Section 1 The Recitals preceding in this Resolution are true and correct and are incorporated into this Resolution by reference.

Section 2 The City Council authorizes the following amendment for the Fiscal Year 2023/2024 budget:
 Increase revenues by $62,733 in account number 225-5886-002;  Appropriate $62,733 in account number 225-2239-6150-3890-0000-000 for the HSIP funded – Guardrail Replacement Project - HSIPSL-5065-032.

PASSED, APPROVED AND ADOPTED THIS 18th DAY OF JULY 2023 ________________________________________
FRANK J. NAVARRO
Mayor
ATTEST:
_____________________________
Stephanie Vargas
City Clerk

12.a
Packet Pg. 722 Attachment: Exhibit A - Resolution Amending Budget (4121 : Contract Award - Danny C. Hubbs Construction, Inc.) STATE OF CALIFORNIA - CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
TTY 711
File : 08-SBD-0-COL
HSIPSL-5065(032)
Replace and improve existing
guardrails at various locations
incl. Mt. Vernon Ave., La
Cadena Dr.

May 13, 2023
Mr. Brian Dickinson
Public Works/Utility Director
City of Colton
650 N. La Cadena Drive
Colton, CA 92324
Attn: Mr. Victor Ortiz
Dear Mr. Dickinson:

Your letter dated March 09, 2023 requested an allocation of State funds from the Highway Safety Improvement Program (HSIP) project (project location: Replace and improve existing guardrails at various locations incl. Mt. Vernon Ave., La Cadena Dr. and Barton Rd.
). The State hereby makes the allocation in the amount of $62,733.00 of State funds for Construction phase of this project effective May 13, 2023. You may now proceed with the Construction phase of the project. Any work for the Construction phase that has been approved for funding and is performed after this date will be eligible for reimbursement. Please refer to the Finance Letter for the complete approved funding of all phases for this project.

This Office will soon send you a Program Supplement Agreement for execution, along with a Master Agreement if one has not been executed. Please do not submit invoices for this project until the agreements are fully executed by both you and the State.

Invoices are to be submitted at a minimum of every six (6) months in order to remain active.

If you have any questions, please contact your District Local Assistance Engineer.

Sincerely,
SUJAYA KALAINESAN, Chief
Office of Project Management Oversight - South
Division of Local Assistance
c: DLA AE Project Files
(08) DLAE - Alberto Vergel De Dios
Local Program Accounting
HQ HSIP Manager - Richard Ke
Mr. Brian Dickinson
Public Works/Utility Director
City of Colton
650 N. La Cadena Drive
Colton, CA 92324
Attn: Mr. Victor Ortiz

DEPARTMENT OF TRANSPORTATION
Division of Local Assistance
1120 N Street
P.O. BOX 942874, MS# 1
Sacramento, CA 94274-0001
for

12.b
Packet Pg. 723 Attachment: Exhibit B - Allocation Letter from Caltrans for Additional Funding (4121 : Contract Award - Danny C. Hubbs Construction, Inc.)

FINANCE LETTER
06/01/202308-SBD-0-COLHSIPSL-5065(032)0822000097
DEPARTMENT OF TRANSPORTATIONTo: City of Colton
Date:

D_CO_RT:

Project No:

Adv. Project Id:

Project End Date:

EA No:

Est Tot Proj Costs: $172,933

PRO RATA OR

LUMP SUM
FINANCE ITEMS TOTAL COST OF PART. COST LOCAL
WORK

STATE - HSIP
FUNDS
Agency Preliminary Engineering $6,200.00 $6,200.00 $6,200.00 $0.00 $0.00 $0.00 $0.00 $0.00
Contract Items: $144,985
Contingencies: $7,250
Total: $152,235
Construction $152,234.50 $152,234.50 $152,234.50 $0.00
Blank $0.00 $0.00 $0.00 $0.00
Agency Construction Engineering $14,498.50 $14,498.50 $14,498.50 $0.00 Totals: $172,933.00 $172,933.00 $172,933.00 $0.00
Participation Ratio: 100% This Finance Letter was created based on specific financial information provided by the responsible local agency. The following encumbrance history is prepared by Local Assistance Accounting Office and is provided here for local agency's information and action.

Signature:

Title: HQ Sr. Area Engineer
* REQ #3: Caltrans allocated additional funds in the amount of $62,733.00 of State-Only HSIP funding for the CON component, under Unique Project ID # H10-08-005* Maximum State HSIPS Funds: $172,933.00. (279) 444-7828
Printed Name: Daniel Bui
Telephone No:

For questions regarding finance letter, contact:

Remarks: _________________________________ ADV. PROJECT ID APPROP. UNIT STATE PROG. FED/ STATE ENCUMBRANCE AMOUNT APPROP YEAR EXPENDITURE AMOUNT ENCUMBRANCE BALANCE REVERSION DATE* APPROVED AMOUNT EXPIRATION DATE Cooperative Work Agreement ACCOUNTING INFORMATION HSIPSL-5065(032) 0822000097 22102 2030010551 $166,733.00 2122 $2,700.17 $164,032.83 06/30/20270822000097 21102 2030010551 $6,200.00 2021 $6,200.00 $0.00 06/30/2026 *Please submit invoices to the appropriate Districts by April 1st to avoid funds lapsing on the June 30th reversion date listed above and to allow sufficient timefor Accounting and SCO year-end closing procedures.

12.b
Packet Pg. 724
Attachment: Exhibit B - Allocation Letter from Caltrans for Additional Funding (4121 : Contract Award - 8/16/2022

12.c
Packet Pg. 725
Attachment: Exhibit C -Guardrail Upgrade Project Plans (4121 : Contract Award - Danny C. Hubbs Construction, Inc.) 8/16/2022

12.c
Packet Pg. 726
Attachment: Exhibit C -Guardrail Upgrade Project Plans (4121 : Contract Award - Danny C. Hubbs Construction, Inc.) 8/16/2022

12.c
Packet Pg. 727
Attachment: Exhibit C -Guardrail Upgrade Project Plans (4121 : Contract Award - Danny C. Hubbs Construction, Inc.) 8/16/2022

12.c
Packet Pg. 728
Attachment: Exhibit C -Guardrail Upgrade Project Plans (4121 : Contract Award - Danny C. Hubbs Construction, Inc.)

CONTRACT

CONTRACT
THIS CONTRACT is made this 19th day of July 2023, in the County of San Bernardino, State of California, by and between the City of Colton, hereinafter called City, and Danny C. Hubbs Construction, Inc, hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:

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

HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP)
GUARDRAIL REPAIR PROJECT- HSIPSL-5065(032)
The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within ninety (90) Working Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Hundred Forty-Four thousand Nine Hundred Eight-Five Dollars and No Cents ($144,985.00). 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 $200.00 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

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

Notice Inviting Bids
Instructions to Bidders
Contractor's Bid Forms
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond

12.d
Packet Pg. 729 Attachment: Exhibit D - Contract- Danny C Hubbs (4121 : Contract Award - Danny C. Hubbs Construction, Inc.)

CONTRACT
Designation of Subcontractors
Information Required of Bidders
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 required by all. This Contract shall supersede any prior agreement of the parties.

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

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

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at Public Works Department or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site. If the Work involves federal funds or otherwise requires compliance with the DavisBacon 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.

12.d
Packet Pg. 730 Attachment: Exhibit D - Contract- Danny C Hubbs (4121 : Contract Award - Danny C. Hubbs Construction, Inc.)

CONTRACT

CITY OF COLTON
By:

Signature
Name
Title
Attest:

City Clerk
Recommended By:

Signature
Name
Title
DANNY C. HUBBS CONSTRUCTION, INC.

By:

Signature
Name
Title
License Number

12.d
Packet Pg. 731 Attachment: Exhibit D - Contract- Danny C Hubbs (4121 : Contract Award - Danny C. Hubbs Construction, Inc.)

12.d
Packet Pg. 732 Attachment: Exhibit D - Contract- Danny C Hubbs (4121 : Contract Award - Danny C. Hubbs Construction, Inc.)

12.d
Packet Pg. 733 Attachment: Exhibit D - Contract- Danny C Hubbs (4121 : Contract Award - Danny C. Hubbs Construction, Inc.)

12.d
Packet Pg. 734 Attachment: Exhibit D - Contract- Danny C Hubbs (4121 : Contract Award - Danny C. Hubbs Construction, Inc.)

12.d
Packet Pg. 735 Attachment: Exhibit D - Contract- Danny C Hubbs (4121 : Contract Award - Danny C. Hubbs Construction, Inc.)

12.d
Packet Pg. 736 Attachment: Exhibit D - Contract- Danny C Hubbs (4121 : Contract Award - Danny C. Hubbs Construction, Inc.)

12.d
Packet Pg. 737 Attachment: Exhibit D - Contract- Danny C Hubbs (4121 : Contract Award - Danny C. Hubbs Construction, Inc.)

12.d
Packet Pg. 738 Attachment: Exhibit D - Contract- Danny C Hubbs (4121 : Contract Award - Danny C. Hubbs Construction, Inc.)

12.d
Packet Pg. 739 Attachment: Exhibit D - Contract- Danny C Hubbs (4121 : Contract Award - Danny C. Hubbs Construction, Inc.)

12.d
Packet Pg. 740 Attachment: Exhibit D - Contract- Danny C Hubbs (4121 : Contract Award - Danny C. Hubbs Construction, Inc.)

12.d
Packet Pg. 741 Attachment: Exhibit D - Contract- Danny C Hubbs (4121 : Contract Award - Danny C. Hubbs Construction, Inc.)

12.d
Packet Pg. 742 Attachment: Exhibit D - Contract- Danny C Hubbs (4121 : Contract Award - Danny C. Hubbs Construction, Inc.)

12.d
Packet Pg. 743 Attachment: Exhibit D - Contract- Danny C Hubbs (4121 : Contract Award - Danny C. Hubbs Construction, Inc.)

12.d
Packet Pg. 744 Attachment: Exhibit D - Contract- Danny C Hubbs (4121 : Contract Award - Danny C. Hubbs Construction, Inc.)

12.d
Packet Pg. 745 Attachment: Exhibit D - Contract- Danny C Hubbs (4121 : Contract Award - Danny C. Hubbs Construction, Inc.)

12.d
Packet Pg. 746 Attachment: Exhibit D - Contract- Danny C Hubbs (4121 : Contract Award - Danny C. Hubbs Construction, Inc.)

12.d
Packet Pg. 747 Attachment: Exhibit D - Contract- Danny C Hubbs (4121 : Contract Award - Danny C. Hubbs Construction, Inc.)

12.d
Packet Pg. 748 Attachment: Exhibit D - Contract- Danny C Hubbs (4121 : Contract Award - Danny C. Hubbs Construction, Inc.)

12.d
Packet Pg. 749 Attachment: Exhibit D - Contract- Danny C Hubbs (4121 : Contract Award - Danny C. Hubbs Construction, Inc.)

12.d
Packet Pg. 750 Attachment: Exhibit D - Contract- Danny C Hubbs (4121 : Contract Award - Danny C. Hubbs Construction, Inc.)

12.d
Packet Pg. 751 Attachment: Exhibit D - Contract- Danny C Hubbs (4121 : Contract Award - Danny C. Hubbs Construction, Inc.) ITEM NO. 13

STAFF REPORT
DATE: JULY 18, 2023
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 MCC EQUIPMENT
RENTALS INC. FOR THE LA CADENA WATERLINE RELOCATION
PROJECT.

RECOMMENDED ACTION
Staff recommends that the City Council take the following action:

1. Authorize the award of construction contract for the La Cadena Dr. Waterline Relocation Project to MCC Equipment Rentals Inc. as the lowest responsive and responsible bidder in the amount of $241,241.24;

2. Authorize the City Manager to execute the contract agreement with MCC Equipment Rentals, Inc.

BACKGROUND
The City of Colton depends on proper functioning of water mainlines to facilitate distribution of water to all required areas of use. The City of Colton has asbestos cement pipe (ACP) water mains in several streets throughout the City. These pipelines typically have a useful life of 50 years due to corrosion and wearing down of the pipe along with constituent members such as valves, fittings and points of connection.

A 6-inch ACP mainline located along La Cadena Drive has exceeded this useful life by over 10 years since its original installation in 1962. Continued utilization of the mainline will likely fail and may pose significant safety risks and repair costs for the City. In addition, the pipeline currently lies adjacent to a housing tract of 27 homes, which could be potentially impacted by any damage by pipe failure in the future. The proposed project is to relocate the 800 feet of 13 Packet Pg. 752
Staff Report to the Mayor and City Council
Contract Award - MCC Equipment Rentals
July 18, 2023

mainline and replace it with an 8-inch ductile iron pipe (DIP) approximately 12 feet toward the east along La Cadena Drive.

ISSUES/ANALYSIS
In accordance with Colton Municipal Code (CMC) Section 3.08.090 Formal Bidding Procedures, staff advertised in The Press Enterprise and Bid America Planroom the solicitation for Notice Inviting Formal Bids on April 25, 2023 for the La Cadena Waterline Relocation Project. On May 16, 2023, the City received a proposal from five (5) contractors. The bids are as follows:

Contractor Bid Amount
MCC Equipment Rentals, Inc. $ 241,241.24
El-Co Contractors, Inc. $ 325,800.00
TK Construction $ 356,890.00
Bonadiman Water Inc. $ 423,850.00
T.E. Roberts Inc. $ 525,184.00
Staff evaluated and reviewed each submitted bid. Staff recommends the award of a construction contract to MCC Equipment Rentals Inc. as the lowest responsive and responsible bidder for $241,241.24.

FISCAL IMPACTS
The total amount for the La Cadena Waterline Relocation Project construction, including a 5% contingency, is $253,303.30. Sufficient funds are available in Water Fund Capital Improvement Mainline Replacement Account Number 521-8100-8106-3890-0000-000.

ALTERNATIVES
Provide alternative direction
13 Packet Pg. 753
ITEM NO. 14

STAFF REPORT
DATE: JULY 18, 2023
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 AWARD OF CONTRACT TO DM CONTRACTING, INC. FOR CDBG COLT-21-1-03K/0242 ALLEY PAVING AND

SIDEWALK IMPROVEMENT FOR VARIOUS LOCATIONS
PROJECT FOR $416,534.80, RESOLUTION NO. R-64-23.

RECOMMENDED ACTION
Staff recommends that the City Council take the following action:

1. Authorize the award of contract for the CDBG-COLT-21-1-03K/0242 Alley Paving and Sidewalk Improvement for Various Locations Project to DM Contracting, Inc. as the lowest responsive and responsible bidder for $416,534.80, and authorize the City Manager to execute the contract agreement.

2. Adopt Resolution R-64-23 (Exhibit A) to amend Fiscal Year 2023/2024 Capital Improvement Budget.

BACKGROUND
On February 16, 2021, the City Council adopted Resolution No. R-14-21, approving the final prioritized list of CDBG projects, including the CDBG-COLT-21-1-03K/0242 Alley Paving and Sidewalk Improvement for Various Locations Project. The project will take place in the following locations:

1. Alley between, West Acacia Street to Hanna Street, between North Pennsylvania Avenue, and North 6th Street

2. H Street between North Mount Vernon Avenue and Sperry Drive

3. Alley from Fairview Avenue to Larch Avenue, between Palm Drive and Colton Avenue 14 Packet Pg. 754
Staff Report to the Mayor and City Council
Contract Award - D.M. Contracting, Inc.

July 18, 2023

4. Alley from 10th Street to 11th Street, between East N Avenue and East O Street

5. South Flores Street from East Congress Street to South Terminus Attached, as Exhibit D, is the project plan that shows the improvement and location for each alleys and streets. As part of the City’s streets maintenance efforts, the list of alleys under this project were determined to be higher priority for repair and replacement. Paving these alleys will provide better accessibility for services the City provides to its residents including trash pick-up and emergency services when needed.

ISSUES/ANALYSIS
In accordance with Colton Municipal Code (CMC) Section 3.08.090, a request for Notice Inviting Formal Bids was published in The Press Enterprise on March 10, 2023 and March 17, 2023. On April 11, 2023, bids were opened and staff received the following bids.

Contractor Base Bid Opt. Bid Items Total
Onyx Paving Company, Inc. $606,000.00 $230,415.00 $836,415.00 DM Contracting Inc. $416,534.80 $133,032.00 $549,566.80 Staff reviewed and evaluated submitted bids and recommends awarding the contract (Exhibit C) for the CDBG-COLT-21-1-03K/0242 Alley Paving and Sidewalk Improvement for Various Locations Project to the lowest responsive and responsible bidder DM Contract Inc. for the base bid $416,534.80.

FISCAL IMPACTS
On June 6, 2023, the City received additional funding allocation for this project from the County of San Bernardino for $62,885.86 (see attached Exhibit B). The original funding amount when the budget was approved was $355,031.00. Table below is the breakdown of the available funding for the project after the approval of Resolution R-64-23:

Project
Description Account Number
Current
Available
Appropriations
Resolution
R-64-23
Total
Available
(R-64-23)
Required
Contract
Appropriations
Alley Paving
Hanna to Acacia 215-2227-6920-3890 $65,405.00 $22,885.86 $88,290.86 $88,290.86 Alley Paving
Larch to
Fairview
215-2228-6920-3890 $40,170.00 $20,000.00 $60,170.00 $60,170.00 Alley Paving
10th St. to 11th
St.
215-2229-6920-3890 $41,200.00 $20,000.00 $61,200.00 $61,200.00 14 Packet Pg. 755
Staff Report to the Mayor and City Council
Contract Award - D.M. Contracting, Inc.

July 18, 2023

Street Paving H
St. 215-2230-6920-3890 $137,815.82 $137,815.82 $137,815.80 Street
Improvement
Flores St.
215-2231-6920-3890 $69,206.00 $69,206.00 $69,058.14
Total $353,796.82 $62,885.86 $416,682.86 $416,534.80

ENVIRONMENTAL IMPACTS
Staff recommends that the CDBG-COLT-21-1-03K/0242 Alley Paving and Sidewalk Improvement for Various Locations Project be determined categorically exempt under California Environmental Quality Act (CEQA) Guidelines Section 15301(c) - Existing highways and streets.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - Resolution R-64-23

2. Exhibit B - Approval for Additional Funding from the County

3. Exhibit C - DM Contracting Contract

4. Exhibit D - Plans - CDBG COLT-21-1-03K_0242_3-13-2023 Final 14 Packet Pg. 756
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. R-64-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON AMENDING THE FISCAL YEAR 2023/2024 CAPITAL IMPROVEMENT BUDGET
WHEREAS, the City intends to support the City’s goal to improve the City’s traffic safety and infrastructure; and
WHEREAS, the City of Colton received Community Development Block Grant (CDBG) funding through the County of San Bernardino – Department of Community Development and Housing (CDH); and
WHEREAS, the City of Colton received additional funding in the amount of $62,885.86 for CDBG COLT-21-1-03K/0242 (Citywide Target Area Alley Replacement and Sidewalk Project); and
WHEREAS, a budget appropriation not listed in the 2023-2024 Fiscal Year budget is required and must be approved by resolution of the City Council.

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

Section 1 The Recitals preceding in this Resolution are true and correct and are incorporated into this Resolution by reference.

Section 2 The City Council authorizes the following amendments to the FY 2023-24 budget:
 Increase revenues by $62,885.86 in account number 215-5752-000; and,  Increase appropriations in account number 215-2227-6920-3890-0000-000 by $22,885.86; and,
 Increase appropriations in account number 215-2228-6920-3890-0000-000 by $20,000.00; and,
 Increase appropriations in account number 215-2229-6920-3890-0000-000 by $20,000.00.

PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF JULY 2023. _________________________________
FRANK J. NAVARRO
Mayor
ATTEST:
__________________________________________

STEPHANIE VARGAS
Deputy City Clerk

14.a
Packet Pg. 757 Attachment: Exhibit A - Resolution R-64-23 (4128 : Contract Award - D.M. Contracting, Inc.)

14.b
Packet Pg. 758
Attachment: Exhibit B - Approval for Additional Funding from the County (4128 : Contract Award - D.M. Contracting, Inc.)

14.b
Packet Pg. 759
Attachment: Exhibit B - Approval for Additional Funding from the County (4128 : Contract Award - D.M. Contracting, Inc.)

CONTRACT
THIS CONTRACT is made this 19th day of July 2023, in the County of San Bernardino, State of California, by and between the City of Colton, hereinafter called City, and D.M.

Contracting, Inc., hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:

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

CDBG COLT-21-1-03K/0242– Alley Paving and Sidewalk Improvement for Various Location Project
The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within NINETY (90) calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Four Hundred Sixteen Thousand Five Hundred Thirty Four and 80/100 Dollars ($416,534.80). 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 Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

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

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

14.c
Packet Pg. 760 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.) Information Required of Bidders
Non-Collusion Affidavit form
Contract
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Technical Specifications
Greenbook Standard Specifications (Sections 1-9 Excluded) Addenda
Plans and Contract Drawings
Labor compliance contract (attachment D)
The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

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

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

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

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

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

14.c
Packet Pg. 761 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.)

CITY OF COLTON
By:

______________________________
Signature
__William R. Smith_____________
Name
_City Manager_________________
Title
Attest:
______________________________
City Clerk
Recommended By:

______________________________
Signature
______________________________
Name
______________________________
Title
D.M. Contracting, Inc.

By:

______________________________
Signature
____ _________
Name
______________________________
Title
__ ______________________
License Number

14.c
Packet Pg. 762 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.)

14.c
Packet Pg. 763 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.)

14.c
Packet Pg. 764 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.)

14.c
Packet Pg. 765 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.)

14.c
Packet Pg. 766 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.)

14.c
Packet Pg. 767 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.)

14.c
Packet Pg. 768 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.)

14.c
Packet Pg. 769 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.)

14.c
Packet Pg. 770 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.)

14.c
Packet Pg. 771 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.)

14.c
Packet Pg. 772 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.)

14.c
Packet Pg. 773 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.)

14.c
Packet Pg. 774 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.)

14.c
Packet Pg. 775 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.)

14.c
Packet Pg. 776 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.)

14.c
Packet Pg. 777 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.)

14.c
Packet Pg. 778 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.)

14.c
Packet Pg. 779 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.)

14.c
Packet Pg. 780 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.)

14.c
Packet Pg. 781 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.)

14.c
Packet Pg. 782 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.)

14.c
Packet Pg. 783 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.)

14.c
Packet Pg. 784 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.)

14.c
Packet Pg. 785 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.)

14.c
Packet Pg. 786 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.)  







 











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Packet Pg. 790 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.) 












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Packet Pg. 792 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.)  





 



 











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Packet Pg. 794 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.)  


 
 









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Packet Pg. 795 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.) 



  






 








 



 
 






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Packet Pg. 796 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.) 










 
















 










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Packet Pg. 797 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.) 














  
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Packet Pg. 799 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.)  




  




 







   


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Packet Pg. 800 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.) 







































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14.c
Packet Pg. 801 Attachment: Exhibit C - DM Contracting Contract (4128 : Contract Award - D.M. Contracting, Inc.) 






 




 

 





  






 




 



 

 



   

 



 


 
 



 




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