Agenda packet — Colton City Council, October 17, 2023 (part 1 of 2)

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

Mayor Frank J. Navarro
Council Members:

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

City Treasurer Aurelio De La Torre

City Manager William R. Smith
City Attorney Carlos Campos
Deputy City Clerk Stephanie M. Vargas

AGENDA

CITY COUNCIL,

COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,

COLTON HOUSING AUTHORITY

REGULAR MEETING
TUESDAY, OCTOBER 17, 2023 – 7:00 P.M.

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

CLOSED SESSION CALLED TO ORDER

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

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

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

Please state your name and your City of Residence before providing your comment.

2 A. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives:

Tom Cody, Human Resources Director
Employee Groups: Colton Police Officers Association (CPOA)

CITY ATTORNEY ORAL REPORT ON CLOSED SESSION ACTIONS

RULES OF DECORUM

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

OPEN SESSION
6:00 P.M.

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

FLAG SALUTE

ROLL CALL

CEREMONIAL MATTERS
Presentations, Awards, Proclamations
• San Bernardino Valley Water Agency Check Presentation • Recognition - Aliylah Guerrero
• Recognition - California University of Science and Medicine

MAYOR AND COUNCIL ITEMS

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

3 Members of the City Council shall provide brief reports on meetings attended at the expense of the city. (GC Section 53232.3(d))

APPOINTMENTS
• Appointment - Utilities Commission - Eric Strutz - D2

MAYOR AND COUNCIL DISCUSSION ITEMS

PUBLIC HEARINGS

To speak on public hearing items, it is requested that you obtain a card from the City Clerk and complete it by noting the agenda item number, as well as whether you are in favor, opposition or neither, and give it to the City Clerk. The applicant will be allowed 5 minutes to address the Council and all other persons will be allowed 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure. (1) Adult Use Regulations Code Amendment - TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO

INTRODUCE BY TITLE ONLY AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON TO AMEND CHAPTERS 18.49 (ADULT USE REGULATIONS) OF TITLE 18 (ZONING) OF THE COLTON MUNICIPAL CODE BY ADDING SECTION 18.49.170 OF THE COLTON MUNICIPAL CODE TO ESTABLISH AMORTIZATION PERIODS FOR NONCONFORMING ADULT USES CITYWIDE, ORDINANCE NO. O -11-23. [Staff Person: Mark Tomich]

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

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

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

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

Please state your name and your City of Residence before providing your comment.

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

(2) Minutes - Approval of Minutes for the City Council Regular Meeting held on October 3, 2023, on file in the Office of the City Clerk.
[Staff Person: Stephanie Vargas]
(3) Warrants - Approve U.S. Bank voucher dated 09/01/2023 and totaling $52,342.79; voucher numbers 208009 to 208101 dated 09/14/2023 and totaling $322,794.89; wires dated 09/17/2023 and totaling $9,310,631.32; voucher numbers 208102 to 208202 dated 09/21/2023 and totaling $1,556,562.83 and a payroll disbursement listing dated 08/19/2023 to 09/01/2023 and totaling $1,092,849.42. [Staff Person: Stacey Dabbs]
(4) City Treasurer's Report - Receive and File City Treasurer's Report for July 2023. [Staff Person: Aurelio De La Torre]
(5) Budget Adjustment - West Colton Bike Lane Project - Approve and Adopt Resolution Amending Fiscal Year 2023/2024 Capital Improvement Program Budget Allocating Funding for the Active Transportation Program (ATP) - West Colton Class I Bicycle Route Project, RESOLUTION NO. R-89-23. [Staff Person: Brian Dickinson]
(6) Contract Amendment - Willdan Engineering - Approve Contract Amendment with Willdan Engineering for Building and Safety Support Services and Corresponding Budget Amendment. [Staff Person: Mark Tomich]
(7) Contract Award - Blue Locker Diving, LLC. - Approve Maintenance Services Agreement with Blue Locker Diving, L.L.C., to Provide Underwater Reservoir Inspections and Cleaning Services in an Amount Not -to- Exceed $68,500.00.
[Staff Person: Brian Dickinson]
(8) Change Order - Matich Corporation - Approve Change Order No. 1 for Matich Corporation for the FY 22/23 Asphalt Paving Project in the Amount of $283,534.13, RESOLUTION NO. R -90-23. [Staff Person: Brian Dickinson]
(9) Grant - Office of Traffic Safety - Approve and Adopt Resolution to Accept a Grant in the amount of $185,000 from the Office of Traffic Safety (OTS) with it's Accompanying MOU and Amend the Fiscal Year 2023-2024 Budget, RESOLUTION NO. R-91-23.
[Staff Person: Tim Heusterberg]
(10) Training Expenses for Water and Wastewater Utility Staff - Approve Training Expenses for Water and Wastewater Utility Staff, RESOLUTION R-96-23.
[Staff Person: Brian Dickinson]

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

CITY MANAGER'S REPORTS

5 ADJOURNMENT

6 I, Stephanie Vargas, the Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted Wednesday, October 11, 2023, at least seventy-two (72) hours prior to the meeting per Government Code 54954.2, at the following locations:

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

PROCEDURES FOR ADDRESSING CITY COUNCIL

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

RULES OF DECORUM

NOTICE TO PUBLIC

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

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

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

LEGAL CHALLENGES

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

MANUAL OF PROCEDURE

The City Council adopted its Manual of Procedure pursuant to Resolution No. R-41-18. Copies are available in the Office of the City Clerk.

ITEM NO. 1

STAFF REPORT

DATE: OCTOBER 17, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO

INTRODUCE BY TITLE ONLY AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF COLTON TO AMEND CHAPTERS

18.49 (ADULT USE REGULATIONS) OF TITLE 18 (ZONING) OF THE COLTON MUNICIPAL CODE BY ADDING SECTION 18.49.170

OF THE COLTON MUNICIPAL CODE TO ESTABLISH

AMORTIZATION PERIODS FOR NONCONFORMING ADULT USES
CITYWIDE, ORDINANCE NO. O-11-23.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Introduce for first reading and pass by title only: O -11-23, CHAPTERS 18.49 (ADULT USE REGULATIONS) OF TITLE 18 (ZONING) OF THE COLTON MUNICIPAL CODE BY ADDING SECTION 18.49.170 OF THE COLTON MUNICIPAL CODE TO ESTABLISH

AMORTIZATION PERIODS FOR NONCONFORMING ADULT USES CITYWIDE (FILE INDEX NO. DAP23-0004).

BACKGROUND

The City of Colton adult business regulations were first developed in 1998. Over the years, the City has updated the regulations from time to time in order to (1) comply with court decisions; and (2) assure that there are a sufficient number of sites to locate an adult business in the City.

One provision that has been missing in the adult business regulations is an “amortization” provision. An amortization provision allows non -conforming uses to exist legally in their

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Staff Report to the Mayor and City Council
Adult Use Regulations Code Amendment
October 17, 2023

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present site for a limited period of time, so long as the use is not expanded or changed. The proposed ordinance adds an amortization provision to the City’s adult business regulations.

At a public hearing held on September 12, 2023, the Planning Commission of the City of Colton, by a 5 -0-0 vote, recommended City Council approval of Zoning Text Amendment by adopting Resolution R-30-23 (File Index Number DAP23-0004).

ANALYSIS

Under both the federal and California constitutions, cities must allow adult businesses to locate somewhere in their jurisdiction, because adult businesses are deemed to include elements of protected speech by the US Supreme Court. As a result, cities cannot ban them. However, they may impose reasonable time, place and manner restrictions in their location and operation.

The City of Colton already has such restrictions in its adult business ordinance. However, the current ordinance does not include an amortization provision to specify how long a non - conforming adult business may exist at a particular site before it must comply with all current regulations, including the zoning location requirements. This code amendment will establish such an amortization provision, as follows:

“18.49.170 – Applicability of Standards and Amortization of Nonconforming Uses.

All zoning, design and performance standards set forth in this chapter are deemed to be necessary for the protection of the public health, safety and welfare and shall be applicable and govern all existing and proposed adult businesses in the City.

In the event that there is any adult business lawfully in existence prior to the adoption of this chapter and is not in compliance with the zoning, design and performance standards of this chapter, any such adult business shall conform to all zoning, design and performance standards six (6) months after written notice of their applicability to any specific use. Failure to comply with the zoning, design and performance standards of this chapter within such six (6) month period, shall require amortization and removal of such use.

Adoption of the proposed ordinance would provide the city with an option to seek compliance from any adult business that is currently established as a legal non-conforming use. As such, and as noted in the ordinance, it is consistent with the General Plan since it implements the land use designations and policies of the Land Use Element.

ENVIRONMENTAL DETERMINATION

Based on the entire record before the City Council, and all written and oral evidence presented to the City Council, the City Council will be reviewing findings that this ordinance is exempt from

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Staff Report to the Mayor and City Council
Adult Use Regulations Code Amendment
October 17, 2023

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review under the California Environmental Quality Act (“CEQA”), pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Article 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

FISCAL IMPACTS

The zoning text amendment will establish amortization periods for nonconforming adult uses Citywide to specify how long a non-conforming adult business may exist at a particular site before it must comply with all current regulations. No fiscal impacts are anticipated with this amendment.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Attachment 1. Planning Commission Reso No. R-30-23 with Exhibit- A - Adult Use Regulations

2. Attachment 2 - City Council Ordinance No. O-11-23

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45635.01000\20241156.1

RESOLUTION NO. R-30-23

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF COLTON RECOMMENDING TO THE

COLTON CITY COUNCIL APPROVAL OF AN
ORDINANCE ADDING SECTION 18.49.170 TO THE

COLTON MUNICIPAL CODE TO ESTABLISH

AMORTIZATION PERIODS FOR NONCONFORMING
ADULT USES CITYWIDE: FILE INDEX NO. DAP23-0004

WHEREAS, the City of Colton Development Services Department filed initiated amendment to the City’s current adult business regulations, including expanding and updating to establish amortization per iods for nonconforming adult uses citywide that are applicable to such uses (collectively the “Text Amendments”);
WHEREAS, the Text Amendments were reviewed, studied, and found to comply with the California Environmental Quality Act (“CEQA”) as more fully described below; WHEREAS, on September 12 , 20 23, the Planning Commission of the Ci ty of Colton ( “Planning Commission ”) conducted a duly noticed public hearing on the Text Amendments at which time all persons wishing to testify in connection with the Text Amendment were heard and the Text Amendment was comprehensively reviewed; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF COLTON:

SECTION 1. The Planning Commission hereby makes and adopts all applicable findings with respect to the Text Amendments as set forth in the attached Exhibit “A” as if fully set forth herein.

SECTION 2. The Planning Commission hereby recommends that the City Council adopt the attached Ordinance adding Section 18.49.170 to the Colton Municipal Code to establish amortization periods for nonconforming adult uses citywide of the Colton Municipal Code relating to adult business regulations. A copy of the Ordinance as well as t he findings contained therein is attached hereto as Exhibit “A,” and is incorporated herein by reference.

SECTION 3. Based on the entire record before the City Council, and all written and oral evidence presented to the City Council, the City Council hereb y f inds that this ordinance is exempt from review under the California Environmental Quality Act (“CEQA”), pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulat ions, Title 14, Article 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

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Attachment: Attachment 1. Planning Commission Reso No. R-30-23 with Exhibit- A - Adult Use Regulations (4228 : Adult Use Regulations 1 2
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SECTION 4. The Secretary shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 12th day of September, 2023.

Richard Prieto, Planning Commission
Chairperson
ATTEST:

Planning Commission Secretary
Mark Tomich, AICP

I hereby certify that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Colton at a meeting held on September 12, 2023, by the following vote of the Planning Commission:

AYES: PRIETO, GROSSICH, ESCARCEGA, BADEN, PETERS
NOES:

ABSENT:

ABSTAIN:

Planning Commission Secretary
Mark R. Tomich, AICP

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Attachment: Attachment 1. Planning Commission Reso No. R-30-23 with Exhibit- A - Adult Use Regulations (4228 : Adult Use Regulations 1 2
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ORDINANCE NO. O-11-23

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COLTON , CALIFORNIA ADDING SECTION 18.49.170

TO THE COLTON MUNICIPAL CODE TO ESTABLISH

AMORTIZATION PERIODS FOR NONCONFORMING

ADULT USES

WHEREAS, the City of Colton (“C ity”) is a Calif ornia municipal corporation organized pursuant to the California Constitution; and
WHEREAS, p ursuant to Article XI, Section 7 of the California Constit ution, the City may adopt and enforce ordinances and regulations not in conflict with general laws to pr otect and promote the public health, safety, and welfare of its citizens; and WHEREAS, current provisions of the City’s Municipal Code contained in Chapter 18.49 deem adult uses that are not in compliance with the zoning, design and performance standards as public nuisances and contrary to the health, safety and welfare of the residents of the City; and WHEREAS, in accordance with the City’ s above-referenced authority, the City Council wishes to amend its Municipal Code provisions regarding the requirement s for adult business compliance and amortization periods; and
NOW, THEREFORE, the City Council of the City of Colton, Californ ia, does ordain as follows:

SECTION 1. Incorporation of Recitals . The City Council hereby finds that all of the foregoing recit als and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

SECTION 2. Adding Section 18.49.170 to the Colton Municipal Code . Section

18.49.170 is hereby added to the Colton Municipal Code to read as follows:

“18.49.170 – Applicability of Standards and Amortization of Nonconforming Uses.

In the event that there is any adult business lawfully in existence prior to the adoption of this chapter and is no t in compliance with the zoning, design and performance standards of this chapter, any such adult business shall conform to all zoning, design a nd performance standards six (6) months after written notice of their applicability to any specific use. Failure to comply with the zoning, design and performance standards of this chapter within such six (6) month period, shall require amortization and removal of such use.

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Attachment: Attachment 2 - City Council Ordinance No. O-11-23 (4228 : Adult Use Regulations Code Amendment) 1 2
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Notwithstanding anything to the contrary contained in this section, the amortization period for a nonconforming use that is governed by consent decree or other court action shall have the amortization period established by such consent decree or court actions.”

SECTION 3. Except as amended above, all other sections of the Colton Municipal Code shall remain unchanged.

SECTION 4. Compliance with California Environmental Quality Act . Based on the entire record before the City Council, and all written and oral evidence presented to the City Council, the City Council hereby finds that this ordinan ce is exempt from review under the California Environmental Quality Act (“CEQA”), pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activit y is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Article 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 6. Effective Date. This ordinance shall become effective thirty (30) days after its adoption.

SECTION 7. Publication. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a local newspaper of general circulation and which is hereby designated for that purpose.
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PASSED, APPROVED AND ADOPTED this ___ day of _______________, 2023.

Frank Navarro, Mayor
ATTEST:

Stephanie Vargas, Deputy City Clerk

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APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

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Attachment: Attachment 2 - City Council Ordinance No. O-11-23 (4228 : Adult Use Regulations Code Amendment)

ITEM NO. 2

STAFF REPORT

DATE: OCTOBER 17, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, DEPUTY CITY CLERK
SUBJECT: APPROVAL OF MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD ON OCTOBER 3, 2023, ON FILE IN THE OFFICE
OF THE CITY CLERK.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approval of Minutes for the City Council Regular Meeting held on October 3, 2023, on file in the Office of the City Clerk.

BACKGROUND

Minutes for the City Council Regular Meeting held on October 3, 2023.

FISCAL IMPACTS

ATTACHMENT

1. 10-03-2023 Draft Minutes
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October 3, 2023 Regular City Council Meeting 1 -

CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

REGULAR MEETING MINUTES

October 3, 2023

Closed Session Meeting held on the above given date at 5:00 p.m., in the Council Chamber of City Hall, with Mayor Navarro presiding.

CITY COUNCIL ROLL CALL
Councilmembers present were Mayor Pro Tem Toro, González, Echevarria and Mayor Navarro ; Chastain joined Closed Session at 5:06pm.

STAFF PRESENT
City Manager Smith, City Attorney Campos, and Deputy City Clerk Vargas

PUBLIC COMMENT
None

CLOSED SESSION
City Attorney Campos announced the City Council would meet in Closed Session to Discuss Items A and B.

A. CONFERENCE WITH LEGAL COUNSEL – WORKERS’ COMPENSATION CLAIM Pursuant to California Government Code, Section 54956.9 (d)(1) Case Name (s) Simon Holding vs City of Colton
B. CONFERENCE WITH LABOR NEGOTIATORS
City Representative: Tom Cody, HR Director
Employee Group: Colton Police Officers Association

Mayor Navarro adjourned the meeting to Closed Session at 5:02 p.m. and at 6:01 p.m. the meeting reconvened, with all members present heretofore.

City Attorney Reports/Reportable Action

City Attorney Campos announced that the City Council met in Closed Session and discussed Item A and B and direction was given but there was no reportable action.

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Attachment: 10-03-2023 Draft Minutes (4250 : Draft Minutes 10-03-2023) October 3, 2023 Regular City Council Meeting 2 -

October 3, 2023

Regular Meeting held on the above -given date at 6 :01 p.m. in the Council Chamber of City Hall, with Mayor Navarro presiding.

INVOCATION: Council Member González
FLAG SALUTE: Mayor Pro Tem Toro

CITY COUNCIL ROLL CALL

Council Members Present Staff Present
Frank J. Navarro, Mayor William R. Smith, City Manager David J. Toro, MPT Carlos Campos, City Attorney
Kelly J. Chastain Stephanie M. Vargas, Deputy City Clerk Dr. Luis S. González
John R. Echevarria

Council Members Absent
None

CEREMONIAL MATTERS
Presentations, Awards, Proclamations

 Recognition – Take Me Home and Lifeline 4 Paws
MPT Toro presented Certificates of Recognition to the Take Me Home foundation and to the Lifeline 4 Paws program. MPT Toro shared a brief history of the City of Colton’s involvement and participation with animal rescue programs and Foundations and he recognized and celebrated the success of their efforts.

 Proclamation – Public Power Week 2023
CM Echevarria presented a Proclamation Certificate officially recognizing Public Power Week 2023 (October 2-8); accepted by the Utilities Director Charles Berry, Environmental Conservation Supervisor Jessica Sutorus and Senior Energy Services Specialist Adrianne Rogers.

 Proclamation – Water Professionals Appreciation Week
CM González presented a Proclamation Certificate officially recognizing Water Professionals Appreciation Week 2023 (October 7-15); accepted by Director of Public Works Brian Dickinson and by Environmental Conservation Supervisor Jessica Sutorus.

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Attachment: 10-03-2023 Draft Minutes (4250 : Draft Minutes 10-03-2023) October 3, 2023 Regular City Council Meeting 3 -

MAYOR AND COUNCIL ITEMS

POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF OCTOBER 3, 2023.

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

AB 1234 ORAL REPORTS
Mayor Navarro asked the members present if there were any brief reports on meetings attended at the expense of the City. (GC Section 53232.3(d).

Councilmember(s) González and Chastain attended the League of California Cities Annual Confe rence and Expo; held September 20-22, 2022, held in Sacramento CA.

APPOINTMENTS
 Appointment - Parks and Recreation Commission - Robert Trujillo - D2

CM Chastain submitted the name of Robert Trujillo for appointment to the Parks and Recreation Commission. Consensus by Council Members present, no objections, so ratified.

MAYOR AND COUNCIL DISCUSSION ITEMS
 Discussion - Term Limits - Discussion and Possible Direction to Staff, Pertaining to the Placement of a Ballot Measure to Implement Term Limits for City Council members (follow-up from 9/5/23 Council Meeting.)
Staff Presentation
City Manager Bill Smith presented the continued discussion item to Council and explained that it originated from the September 5th City Council Meeting where the Council directed staff to bring this item back for further consideration. City Manager Smith introduced William Priest, BB&K, who proceeded to present an overview of the discussion item to Council.

Public Comment
None

Council Discussion
Discernment and discussion between Mayor and Councilmembers present, with clarification and comments provided by Attorney William Priest, BB&K.

Mayor Navarro submitted to Council the question: Should there be Mayoral and Council Member Term Limits?

Consensus was not reached by the Council Members present, Objections made by MPT Toro, CM Chastain, and CM Echevarria.

PUBLIC HEARINGS
None

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BUSINESS ITEMS

(1) Budget Allocation - Hermosa Gardens Cemetery - Approve and Adopt a Resolution Amending Fiscal Year 2023/2024 Budget to Allocate Funding and Contract to Operate Hermosa Gardens Cemetery, RESOLUTION NO. R-87-23.

Staff Presentation
Deb Farrar , Director of Community Services, presented for Council a PowerPoint presentation with an overview of the discussion item.

Public Comment
The following community member addressed the Council: Christine Irish Re and Jackie Ficarotto.

Council Discussion
Discernment and discussion between Mayor and Councilmembers present, with clarification and comments provide by the Director of Community Services Deb Farrar and City Manager Bill Smith

Motion and Second by MPT Toro / CM González to Adopt Resolution No. R -87-23 amending Fiscal Year 2023/2024 Budget to allocate funding to operate Hermosa Gardens Cemetery.

Vote: Motion Passed, Unanimous

Motion and Second by CM Chastain/ MPT Toro to Authorize the City Manager to execute contract with Omni Cemetery Providers, not to exceed $250,000.

Vote: Motion Passed, Unanimous

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

PUBLIC COMMENT
The following community members addressed the Council: Jackie Ficarotto, Christine Irish Re, and Pam Lemos.

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

CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 2 through 5.

City Manager Bill Smith requested a correction to Item #4 due to a mistake that was made on page 122, paragraph 1, of the Grant Eas ement Attachment, where the real property is mistakenly referenced as being located in “Riverside County” instead of “San Bernardino County.”

Motion and Second by CM González/ CM Chastain to approve consent calendar with the correction to Item #4.

Vote: Unanimous, Motion Passes.

(2) Minutes - Approval of Minutes for the City Council Regular Meeting held on September 19, 2023, on file in the Office of the City Clerk.

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(3) Warrants - Approve replacement check number 207764 for $396.33; voucher numbers 207765 to 207843 dated 08/30/2023 and totaling $75,624.63; voucher numbers 207844 to 207892 dated 08/31/2023 and totaling $1,383,833.81; voucher numbers 207893 to 208008 dated 09/06/2023 and totaling $579,487.42; replacement check number 207894 for $10,340.00 and a payroll disbursement listing dated 8/05/2023 to 08/18/2023 and totaling $1,169,464.17.

(4) Easement - La Loma Reservoir Site - Approve Easement for La Loma Reservoir.

(5) Purchase - Elk Grove Auto Group - Approve Purchase of 5 Patrol Vehicles for the Police Department from Elk Grove Auto Group.

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

CITY MANAGER'S REPORTS

City Manager Bill Smith announced that the closed caption feature is now successfully being used for the City of Colton’s Council Meeting broadcasts. Smith also announced that Spectrum was able to adjust the audio settings, which has allowed for a noticeable improvement in sound quality.

ADJOURNMENT

At 8:01 p.m.. Mayor Navarro adjourned the Regular Council Meeting.

__________________________
Stephanie M. Vargas
Deputy City Clerk

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ITEM NO. 3

STAFF REPORT

DATE: OCTOBER 17, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE U.S. BANK VOUCHER DATED 09/01/2023 AND TOTALING $52,342.79; VOUCHER NUMBERS 208009 TO 208101
DATED 09/14/2023 AND TOTALING $322,794.89; WIRES DATED
09/17/2023 AND TOTALING $9,310,631.32; VOUCHER NUMBERS
208102 TO 208202 DATED 09/21/2023 AND TOTALING $1,556,562.83 AND A PAYROLL DISBURSEMENT LISTING DATED 08/19/2023
TO 09/01/2023 AND TOTALING $1,092,849.42.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve U.S. Bank voucher dated 09/01/2023 and totaling $52,342.79; voucher numbers 208009 to 208101 dated 09/14/2023 and totaling $322,794.89; wires dated 09/17/2023 and totaling $9,310,631.32; voucher numbers 208102 to 208202 dated 09/21/2023 and totaling $1,556,562.83 and a payroll disbursement listing dated 08/19/2023 to 09/01/2023 and totaling $1,092,849.42.

BACKGROUND

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

ISSUES/ANALYSIS

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

FISCAL IMPACTS

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Staff Report to the Mayor and City Council
Warrants - Accounts Payable
October 17, 2023

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None.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Fund Number and Title Legend

2. Voucher lists

3. Payroll Registers
3 Packet Pg. 23
City of Colton
Fund Number and Title Legend
Fund Title Fund Title
100 GENERAL FUND 701 LLMD #2
150 TREASURERS ACCOUNT GROUP 702 LLMD #1
206 COMMUN ITY CHILD CARE 703 CFO 87-1 DEBT SERV ICE
209 DSF FLY CONSERVATION 704 CFO 87-1 CONSTRUCT ION
210 SPECIAL GAS TAX 707 CFO 88-1 DEBT SERV ICE
211 LIBRARY GRANT FUND 708 CFO 88-1 CONSTRUCTION
212 STATE TRAFFIC RELIEF FUND 709 DSF FLY CONSERVATION
213 S.Y.E.T .P. GRANT 722 STORM WATER
214 POLLUT ION REDUCT ION FUND 733 CFO 89-1 CONSTRUCT ION 215 COMMUNITY DEV ACT FUND 734 CFO 89-2 CONSTRUCT ION
216 CDBG HOUS ING REHAB FUND 744 CFO 89-1 DEBT SERV ICE 217 DRUG/GANG INTERVENTION 745 CFO 89-2 DEBT SERV ICE
218 MEASURE I FUND 750 AQUA MANSA CFO
219 STATE AID- CAPITAL PROJECTS 754 SB COUNTY HOSPITAL
220 Vi Tep 762 TRUST AND AGENCY
225 MISC GRANTS 766 DEFERRED COMPENSAT ION
240 HOST CITY FEES - CIP 781 CFO 90-1 DEBT SERVICE
247 Quimby In Lieu Fees 782 CFO 90-1 CONSTRUCT ION
248 PARK DEVELOPMENT FUND 850 Redeve lopment Obligation Retirement Fund 249 TRAFF IC IMPACT FUND 851 Successor Agency Administration 250 NEW FAC ILITIES DEVELOPMENT FEE 855 Hous ing Auth - RM PARK DEVELOPMENT 251 CIVIC CENTER DEVELOPMENT FEE 856 Housing Auth - RANCHO MED BOND PROCEEDS 252 FIRE FAC ILITY DEVELOPMENT FEE 857 LMI Asset Fund
253 POLICE FACILITY DEVELOPMENT FEE 864 Housing Auth - LOW/MOD BOND PROCEEDS 261 ASSET FORFEITURE 865 Housing Auth - RANCHO MED CHFA 326 AD 94-1 DEBT SERVICE 866 ECONOM IC DEVELOPMENT
332 1971 SEWER BONDS, A & C 867 Consolidation Proj_08 -09 350 PFA Debt Fund 870 Housing Auth - RM PARK OPERAT IONS 357 POB-Non Enterprise 871 Successor Agcy-RANCHO/M ILL PROJECT AREA 358 PENS ION OBLIGATION DEBT SERV ICE 872 Succe ssor Agcy-RANCHO/MILL DEBT SERV ICE 359 CORP YARD DEBT SERV ICE 873 Successor Agcy-RDA II PROJECT FUND 363 1978-2 ASSESSMENT DIST . 874 Housing Auth - LOW/MOD DEBT SERV ICE 364 WATER IMPRVMNT DIST A 875 Housing Auth - LOW/MOD BOND PROCEEDS 379 AD 1979-1 DEBT SERV ICE 876 Successor Agcy-SANTA ANA RIV BND PROCEED 427 AD 94-1 CONSTRUCT ION 877 Successor Agcy-SANTA ANA RIVER CIP 450 Capita l Improvement Project s 878 RDA FIXED ASSETS GROUP 451 Colton Crossing Fund 879 Successor Agcy-WEST VALLEY CIP 453 STREET IMPROVEMENTS PRGM 881 Successor Agcy-MT VERNON BOND PROCEEDS 457 CAP ITAL IMPROVEMENT 882 Successo r Agcy-MT VERNON CIP 469 EQU IPMENT REPLACEMENT 885 Successor Agcy -MT VERNON DEBT SERV ICE 520 ELECTR IC UTILITY 886 RDA ADM INISTRAT ION
521 WATER UTILITY 887 COOLEY RANCH - now 894
522 WAS TEWATER UTILITY 888 MT VERNON - now 882
523 SOLID WASTE 889 WEST VALLEY - now 879
524 CEMETERY 890 Successor Agcy-RDA - LONG TERM DEBT GRP 525 RECYCLING 891 Successo r Agcy-RDA I DEBT SERV ICE FUND 526 PUBLIC BENEFIT FUND 892 Successor Agcy-RDA I - CAP ITAL PROJECTS 527 WASTEWATER UTILITY - GRAND TERRACE 893 Successor Agcy -RDA II DEBT SERV ICE FUND 551 WATER DEVELOPMENT 894 Successor Agcy -COOLEY RANCH PRO JECT 552 SEWER DEVELOPMENT 895 Successor Agcy-COOLEY RANCH DEBT SERV 560 CEMETARY ENDOWMENT CARE 896 SANTA ANA RIVER - now 877 605 Facility & Equipment Maintenance Fund 897 Successor Agcy-SANTA ANA RIVER DEBT SVC 606 INFORMATION SERV ICES FUND 898 Housing Auth - LOW/MOD CAPITAL PROJECTS 607 INSURANCE FUND 899 Successor Agcy-WEST VALLEY PRJ - DBT SV 608 AUTOMOT IVE SHOP 941 GENERAL LONG -TERM DEBT
610 AUTOMOT IVE SHOPS 958 GENERAL FIXED ASSETS
990 GASB 34

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ITEM NO. 4

STAFF REPORT

DATE: OCTOBER 17, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: AURELIO DE LA TORRE, CITY TREASURER
SUBJECT: RECEIVE AND FILE CITY TREASURER'S REPORT FOR JULY 2023.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Receive and File City Treasurer's Report for July 2023.

ATTACHMENT

1. Treasurer's Report July 2023
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ITEM NO. 5

STAFF REPORT

DATE: OCTOBER 17, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE AND ADOPT RESOLUTION AMENDING FISCAL YEAR 2023/2024 CAPITAL IMPROVEMENT PROGRAM BUDGET

ALLOCATING FUNDING FOR THE ACTIVE TRANSPORTATION

PROGRAM (ATP) - WEST COLTON CLASS I BICYCLE ROUTE
PROJECT, RESOLUTION NO. R-89-23.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve Resolution R-89-23 (Exhibit A) amending Fiscal Year 2023/2024 Capital Improvement Program Budget Increasing Funding for the Active Transportation Program (ATP) - West Colton Class I Bicycle Route Project.

BACKGROUND

On March 21, 2019, the City of Colton received notification that the California Transportation Commission (CTC) approved the allocation of ATP funding for the Project Approval/Environmental Document (PA/ED) Phase of the West Colton Class I Bicycle and Pedestrian Path Project. The project is located along an unimproved corridor from John Juarez Way to Eucalyptus Avenue, and Eucalyptus Avenue from San Bernardino Avenue and Randall Avenue. The Project is in the vicinity of Garcia Elementary School, Jehue Middle School and Morris Elementary School. The project scope include s installation of pave d bike lane and sidewalk, signaliz ation of the crossing at Pepper Avenue, striping and signs, irrigation and landscaping, and lighting.

ISSUES/ANALYSIS

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Budget Adjustment - West Colton Bike Lane Project
October 17, 2023

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On December 15, 2020, the City awarded an engineering consulting contract to KOA Corporation for the preparation of environmental documents, engineering design and right of way support for the West Colton Class I Bicycle and Pedestrian Path Project. Subsequently, Amendment No. 1 in the amount of $6,000 was awarded on April 20, 2022 for the preparation of Delhi Sand Fly (DSF) habitat protocol survey for the completion of environmental documents.

The fly habitat survey concluded that project site along the Southern California Electric (SCE) easement is rated moderate quality habitat for DSF. This finding requires a protocol survey for presence of DSF for two consecutive years between the months of July and September. These consecutive surveys will delay the completion of environmental documents by two years. If the protocol survey results positive for fly habitat, it wil l be a much longer delay and costly process since it will require consultation with US Department of Fish and Wildlife, and the project needs to come up with mitigation for the DSF habitat.

On May 24, 2022, City staff sent a letter to Caltrans indicating the City’s intent to look for an alternative alignment that will avoid the DSF habitat area but will still benefit the same community. In response to the City’s request, Caltrans and City staff met on September 29, 2022 to discuss the proposed realignment and project schedule. During that meeting, Caltrans Headquarters ATP staff indicated support for the realignment and willingness to take the approval of the project changes to the California Transportation Commission (CTC) , but reiterated the need to perform public outreach before taking it to CTC. The purpose of the public outreach is to notify the community about the changes in the alignment of Project, and to ascertain that the community supports the realignment. The new route will be Class II , buffered bike lane (with plastic bollard) along Meridian Ave., Pepper Ave., Eucalyptus Ave, San Bernardino Ave. and Randall Ave. Class II buffered bike lanes provide 2 to 3 feet separation from vehicle lanes. The proposed alignment and cross -sections are attached as Exhibit B. The public outreach was completed on February 21, 2023 and subsequently submitted to Caltrans staff. Attached as Exhibit C is the public outreach summary.

At its June 28, 2023 meeting, CTC approved the extension of funding for Construction Phase to February 28, 2025. The total amount of funding is $2,079,000. CTC approval is for funding extension only , and the project still needs to go back to CTC for the approval of the re - alignment. Since final design funding is not available anymore, CTC staff requested assurance from the City that the design phase will be funded. Approval of Resolution R-89-23 will allocate $250,000 from local traffic impact fee s for the completion of final design for this project. As agreed with CTC and Caltrans staff during the meetings of September 7 and 19, 2023, segment s of road with deteriorated surface such as Pepper Ave., Randall Ave., and San Bernardino Ave. (Pepper Ave. to Meridian Ave.) will be resurfaced before construction/striping of bike lane commences. Portions of Meridian Ave. and San Ben Bernardino Ave. (Pepper Ave. to Eucalyptus Ave.) are newly paved, and Eucalyptus Ave is included in the next paving project.

FISCAL IMPACTS

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Approval of Resolution No. R -89-23 will allocate funding for the Engineering Design and appropriate $250,000 in the FY2023 -24 budget for this project from Local Traffic Impact Fee Fund reserve balance to West Colton Bike Lane Project Capital Improvement Account Number 249-2347-6150-3890-0000-000.

ENVIRONMENTAL IMPACTS

Preparation of documents for the California Environmental Quality Act (CEQA) will be prepared during the Engineering Design phase for this project.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - Resolution R-89-23

2. Exhibit B- West Colton Bike Path Conceptual Plan

3. Exhibit C - WestColton Outreach Summary_02212023
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RESOLUTION NO. R-89-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
AMENDING THE FISCAL YEAR 202 3/2024 CAPITAL IMPROVEMENT BUDGET

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

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

WHEREAS, the City of Colton received Active Transportation Program (ATP) funds to construct the West Colton Class I /II Bike Trail Project; and,

WHEREAS, the City of Colton needs to allocate additional funding in the amount of $250,000.00 to complete the final design for the West Colton Class I/II Bike Trail Project; and,

WHEREAS, the necessary funding will be provided thru Local Traffic Impact Fee; 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 THAT THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS:

Section 1 The above recitals are true and correct.

Section 2 The City Council authorizes the following amendment for the Fiscal Year 2023/2024 budget:

 Appropriate $250,000.00 from reserve balance in Local Traffic Impact Fund to account number 249-2347-6150-3890-0000-000 for the West Colton Class I/II Bike Trail Project.

PASSED, APPROVED AND ADOPTED THIS 17th DAY OF OCTOBER 2023.

__________________________
FRANK J. NAVARRO
Mayor

ATTEST:

__________________________________

STEPHANIE VARGAS
Deputy City Clerk

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1 5095 Murphy Canyon Road, Suite 330, San Diego, CA 92123 T: (619) 683-2933 | F: (619) 683-7982 | www.koacorp.com

MONTEREY PARK ORANGE ONTARIO SAN DIEGO CULVER CITY

February 21, 2023

To: Victor Ortiz Assistant Public Works Director/City Engineer – City of Colton From: Michael Nilsson, Director of Mobility Planning, KOA Corporation

SUBJECT: WEST COLTON BICYCLE LANE PROJECT OUTREACH SUMMARY This memorandum summarizes the responses received for the West Colton Bicycle Lane Improvements project. On Tuesday, January 24, stakeholders in West Colton neighborhood, including Morris Elementary, Jehue Middle School, Garcia Elementary School, California University of Science and Medicine, and Arrowhead Regional Medical Center were directly emailed links to an online survey and project webpage.

The Crystal Ridge Estates and Wildrose/Blossom Homeowner Association (HOA) communities were directly contacted through email and provided information about the project and survey on Tuesday, February 14. Local residents were also notified about the West Colton Bicycle Lane Improvements project through additional outreach methods. This includes notifications through the Colton City website – Civic Alerts section and direct email marketing as well as through the City’s Facebook page with e-flyers posted on Wednesday, January 25 and again on Sunday, February 5. The project webpage includes background information, summary of project changes, improvement and location maps, and the project survey.

Additional outreach material prepared for the engagement effort includes a project factsheet and email blast flyer with summarized background information, a QR code, and direct links to the proje ct webpage

and survey.

Left - Project Factsheet, Right - City of Colton Facebook post

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Attachment: Exhibit C - WestColton Outreach Summary_02212023 (4240 : Budget Adjustment - West Colton Bike Lane Project)

2 OVERALL NUMBER OF SURVEY RESPONSES RECEIVED
The West Colton Bicycle Lane Improvements survey opened on January 24, 2023 and closed on February 20, 2023. 52 responses were received and analyzed. Survey responses evaluated inform that 66% of survey respondents approve of the roadway improvements and recent adjustments made to the proposed project. All questions evaluated in regards to the West Colton Bicycle Lane project had a greater favorability rating than opposition. Multiple responses came from similar network IP tags but unique email addresses due to responses from school and hospital networks.

Of the 52 responses received and analyzed, 44 (85%) responses indicated either living or working in the City of Colton and 1 response (2%) for attending school in the City. 6 (12%) responses did not provide any details and 1 (2%) response provided information that they did not live, work or go to school within the City.

West Colton Bicycle Lane Project Website and Survey

Multiple Choice Responses Received on the West Colton Bicycle Lane Survey As shown in Table 1, close to half of residents, or equal to 24 (46%) responses, utilize one or more modes of active transportation including walking, jogging, or biking at least on occasion. Only 13 (25%) respondents answered that they do not utilize active modes of transportation.

Table 1: Do you currently utilize active modes of transportation including but not limited to biking, walking, or jogging?
Answers Count %
Frequently 10 19.2%
Occasionally 14 26.9%
Rarely 14 26.9%
Never 13 25.0%
No Response 1 1.9%
All 52 100%

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Attachment: Exhibit C - WestColton Outreach Summary_02212023 (4240 : Budget Adjustment - West Colton Bike Lane Project)

3 A high number of respondents to the survey question shown in Table 2 have a positive association with the benefits of bicycle facility improvements. 35 (67%) residents and stakeholders surveyed checked “ yes” to increasing participation in active modes of transportation if more striped/buffered bicycle lanes were installed in West Colton. While only 16 (31%) would not be encouraged to do so even with bicycle facility improvements.

Table 2: Would improved bicycle facilities, including striped bicycle lanes and buffered bicycle lanes, encourage you to bike more often? Answers Count %
Yes 35 67.3%
No 16 30.8%
No Response 1 1.9%
All 52 100%

The survey question in Table 3a asks about the implementation of the West Colton Bicycle Lane Project and over half of respondents (54%, or 28 responses) indicated the willingness to bike to destinations in West Colton if striped bike lanes and buffered bike lanes were implemented as shown in the pro ject.

Table 3a: Would the implementation of the West Colton Bicycle Lane Project encourage you to bike to destinations in the City? Answers Count %
Yes 28 53.8%
No 22 42.3%
No Response 2 3.8%
All 52 100%

Respondents who answered “yes” to the question in Table 3a were asked to select the destination they would most frequent if biking in Table 3b. The top three choices were for leisure and/or exercise, to visit parks, and shopping and dining.

Table 3b: If yes, what local destinations would you bike to? Answers Count %
Leisure and/or exercise 33 26.6%
Parks 27 21.8%
Shopping and dining 21 16.9%
Schools 18 14.5%
Visit neighbors and friends 16 12.9%
Healthcare 9 7.3%
Total (multiple choices allowed) 124 100%

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Attachment: Exhibit C - WestColton Outreach Summary_02212023 (4240 : Budget Adjustment - West Colton Bike Lane Project)

4 The survey question in Table 4 asked residents and stakeholders to choose one or more of the proposed bicycle lane improvement corridors that they considered most important or needed. San Bernardino Avenue, Pepper Avenue, and Meridian Avenue took the top 3 places with a combined 71 (76%) responses out of the 94 total multiple selections made.

Table 4: From the list of proposed Class II bike lane corridors, which corridor is most important to you?
Answers Count %
San Bernardino Avenue 26 21.0%
Pepper Avenue 25 20.2%
Meridian Avenue 20 16.1%
Eucalyptus Avenue 12 9.7%
Randall Avenue 11 8.9%
Total (multiple choices allowed) 94 76%

In Table 5, the survey question asks the respondents how they would rate the changes made from the previous iteration of the West Colton Bicycle Lane Project and the overall satisfacti on of these changes. 11 (21%) of residents and stakeholders rates the new project a score of 5/5 and 37 (71%) respondents answered they were at a minimum “satisfied” with a score of 3/5 or greater about the changes to the project.

Table 5: Overall, how satisfied are you with the location and changes from Class I paths/trails to Class II striped bike lanes and buffered bike lanes? Answers Count %
5 (Most satisfied) 11 21.2%
4 7 13.5%
3 19 36.5%
2 5 9.6%
1 3 5.8%
0 (Not satisfied) 2 3.8%
No Response 5 9.6%
All 52 100%

The survey question results in Table 6 show that more than half of residents and stakeholders, 28 (54%), indicated a desire to maintain involvement in the West Colton Bicycle Lane Project through the project email contact list.

Table 6: Would you like to be informed about this project in the future? Answers Count %
Yes 28 53.8%
No 24 46.2%
No Response 0 0.0%
All 52 100%

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Attachment: Exhibit C - WestColton Outreach Summary_02212023 (4240 : Budget Adjustment - West Colton Bike Lane Project)

5 Common Free Responses Received on the West Colton Bicycle Lane Survey

Respondents to the survey were provided with a free response question to provide additional input on the bicycle improvement corridors or relevant information for the proposed bicycle lane project. The top concerns voiced by residents and stakeholders included insufficient lighting on the roads. The next most common stated concern is in regards to the pavement condition on the roads including unfilled potholes.

Other inputs include greater bike lane coverage/buffered bike lanes, street beautification, pa trol/safety, and parking.

When asked about how residents and stakeholders were informed about the project survey , 29 (56%) of the respondents received notification about the project and survey through email. 6 (11%) respondents were alerted from notices posted through the City of Colton website. 17 (33%) respondents indicated they were notified of the survey through other means, including through Facebook (Community Services Department) and Instagram (Unite Fore Colton).

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ITEM NO. 6

STAFF REPORT

DATE: OCTOBER 17, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: APPROVE CONTRACT AMENDMENT WITH WILLDAN

ENGINEERING FOR BUILDING AND SAFETY SUPPORT
SERVICES AND CORRESPONDING BUDGET AMENDMENT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Authorize the City Manager to execute the Second Amendment to the Professional Services Agreement (PSA) with Willdan Engineering to provide supplemental Building Plan Check and Inspection Services for the Development Services/ Building and Safety Division, in the amount of $110,000.

BACKGROUND

The Building & Safety Division serves and protects the public by ensuring building construction compliance with electrical, plumbing, mechanical, energy and security codes, state safety laws, disabled access, and City ordinances. Compliance with state and local codes is ensured by the Building Official, through oversight of the permits counter support services, plan review and building inspection functions and technical support to other City departments.

After many years of contracting with consultants to provide all services for the Building & Safety Division, these services were brought in -house in early 2014 with authoriz ation to hire a Building Official and an Inspector. Concurrent with hiring of Building & Safety Division staff, the City entered into new contracts for supplemental Building support services, including plan review and building inspection functions on an as-needed basis.

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Contract Amendment - Willdan Engineering
October 17, 2023

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The current contract with Willdan Engineering includes $135,000 in annual compensation for services for the term of February 1, 2023 to February 1, 2024. The contract permits up to two one-year renewals, for a total of three years.

ISSUES/ANALYSIS

The services provided under the current contract with Willdan Engineering perform a critical role in maintaining high quality, responsive plan check, application intake and inspection services for our customers. However, the annual compensation limit of $135,000 has been insufficient to maintain contracted services due to long -term vacancies of the Building Inspector and Building Technician positions, as well as a high number of industrial building plan checks.

However, the Building Technician position has recently been filled, and the Building Inspector position is in the final stage of recruitment. With the additional $110,000 in funding , service levels can be maintained until the next contract renewal cycle in early 2024.

FISCAL IMPACTS

Sufficient funds are budgeted and available in the FY 2023/24 budget in General Fund Building & Safety Division Professional Services Account No. 100 -6300-6302-2350-0000-000. T hese services are offset by building plan check and permit revenue.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Executed PSA_Willdan Engineering_02-01-23-02-01-24

2. Second Amendment_Willdan Engineering_10-17-2023
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23152.06000\32391457.2

SECOND AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON

AND WILLDAN ENGINEERING

1. PARTIES AND DATE.

This Second Amendment to the Professional Services Agreement ( “Second Amendment”) is made and entered into this 17th day of October , 2023 by and between the City of Colton (“City”) and Willdan Engineering , Inc. (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Second Amendment.

2. RECITALS.

2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated February 1 st, 20 23 (“Agreement”), whereby Consultant agreed to provide building support services for the Building & Safety Division of the Development Services Department.

2.2 First Amendment . On June 12, 2023, City and Consultant amended the Agreement for the First time to increase compensation.

2.3 Second Amendment. City and Consultant desire to amend the Agreement for the Second time to increase compensation to maintain services levels due to staff vacancies and high volume of plan review services.

2.4 Amendment Authority. This Second Amendment is authorized pursuant to Section 3.3.1 “Compensation” of the Agreement.

3. TERMS.

3.1 Compensation. Section 3. 3.1 of the Agreement is hereby deleted in its entirety and replaced with the following:

“Consultant shall receive co mpensation, including authorized reimbursements, for all Services rendered under this Agreeme nt at the rates set forth in Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation shall not exceed two- hundred fifty-one thousand seven-hundred fifty dollars($251,750) without written approval of City Manager.”

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

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23152.06000\32391457.2
From and after the date of this Second Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Second Amendment.

3.4 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 Second Amendment.

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

3.6 Counterparts. This Second 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]

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23152.06000\32391457.2

SIGNATURE PAGE FOR SECOND AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND WILLDAN ENGINEERING, INC.

IN WITNESS WHEREOF, the Parties have entered into this Second Amendment to the Professional Services Agreement as of the day and year Second above written.

CITY OF COLTON

By: _________________________
William R. Smith
City Manager

Attest: _________________________
Stephanie Vargas
Deputy City Clerk

Willdan Engineering
a Corporation

By: _________________________
Patrick Johnson
Director of Building and Safety

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ITEM NO. 7

STAFF REPORT

DATE: OCTOBER 17, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE MAINTENANCE SERVICES AGREEMENT WITH BLUE LOCKER DIVING, L.L.C., TO PROVIDE UNDERWATER

RESERVOIR INSPECTIONS AND CLEANING SERVICES IN AN
AMOUNT NOT-TO-EXCEED $68,500.00.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve a Maintenance Services Agreement with Blue Locker Diving, L.L.C., to provide Underwater Reservoir Inspection and Cleaning Service in an amount of $68,500.

BACKGROUND

Having an adequate supply of water is essential for the Health & Safety of our community. The City of Colton is the principal supplier of water service for domestic consumption, fire protection, and irrigation applications for consumers within the City of Colton. The City currently provides water service to a population of approximately 54,000 within a 17.5 -square mile service area. The Water Utilities Department operates and maintains six potable water reservoirs for a total capacity of 14. 3 million gallons of water. Every three (3) years, the State Water Resources Control Board , along with the Federal Environmental Protection Agency , requires that community water systems inspect and clean all potable water reservoirs.

Inspections are a primary tool used to protect public health and ensure that public water systems are able to consistently and reliably deliver an adequate quality and quantity of safe drinking water to the public.

ISSUES/ANALYSIS

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Contract Award - Blue Locker Diving, LLC.

October 17, 2023

Page 2 ends

A thorough effort was made to solicit competitive bid proposals for the Underwater Tank Inspection and Cleaning Services. In accordance with Colton Municipal Code section 3.08.110, a Request for Proposal (RFP) was published in the Press Enterprise on August 25, 2023, and September 1, 2023, with a bid submission deadline of September 19, 2023. Staff also reached out to multiple vendors by email and provided RFP information.

Only one Consultant submitted a proposal for the RFP. One additional vendor responded thanking the staff but unfortunately was unable to bid on this project at this time. The proposal received was from Blue Locker Diving, L.L.C . for $68,500. Staff has evaluated and reviewed the proposal and found that the proposal is within the project RFP scope of work and budget.

Staff recommends the award of a maintenance service agreement to Blue Locker Diving, L.L.C. for an amount not to exceed $68,500 for the Underwater Tank Inspection and Cleaning Services for the City of Colton. The proposed Agreement will commence upon execution by the City and Blue Locker Diving, L.L.C.

FISCAL IMPACTS

Sufficient appropriations for FY2023 -24 are budgeted and available in the approved budget in the Water Utility Fund Water Operations Professional Service s expenditure account number listed below:

Water Fund 521-8100-8101-2350-0000-000 $68,500

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Colton Proposal for 6 tanks

2. Colton, CA 6 tank Cost PROPOSAL

3. RFP Reservoir Diving 08242023
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Professional Divers,
Top Quality Craftsmanship ”

1 City of Colton Water Department RFP Reservoir Cleaning and Inspection of 6 Reservoirs

Underwater Tank Inspection and Cleaning Services
160 South 10th Street
Colton, CA 90324

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Professional Divers,
Top Quality Craftsmanship ”

2 City of Colton Water Department RFP Reservoir Cleaning and Inspection of 6 Reservoirs

Cover Letter & Statement of Ability to Complete all the work for this project.

Blue Locker Commercial Diving would like to thank you for your consideration in selecting us to compete for the RFP for Inspection and Cleaning of 6 reservoirs listed in the RFP. Blue Locker takes no exception to the RFP as written.

Our team includes top water tank engineers. As project Manager, I was involved in over 200 water tank projects that involved either structural inspections, rehabilitations or retrofits and have over 30-years of water tank rehabilitation background.

Blue Locker Commercial Diving will utilize a team of commercial divers to clean the tanks that meet all of Cal-OSHA and OSHA mandates. We will never place non-OSHA approved diver into the water tanks to work under a “scientific” exploration designation. All our divers are CAL OHSA and OSHA -29 mandated Commercially Certified Diver (dive team). To use PADI divers is not only illegal, but extremely unsafe and will put the owner at a tremendous risk and liability if someone gets hurt, as the insurance claim will most likely be rejected for not meeting OSHA requirements and OSHA deeming said actions a WILFULL violation of safety standards.

Blue Locker will also pay the prevailing wage rate as detailed by the California Department of Industrial Relations under the Diver, Diver Tender, and Standby Diver per the category of “Diver (wet) up to 50’ depth per State of California Department of Industrial Relations determination SC-23-31-2-2022-2.

Blue Locker Commercial Diving will provide the city with all the required insurance and bonding coverage as required, including Errors and Omissions insurance as required by the RFP.

Blue Locker Commercial Diving will complete all the Tank Inspections and Cleanings per the RFP and will provide all insurance and bonding coverage for the project as directed by the RFP.

Please contact me at 951-501-6935, or [email protected] if you require anything else.

Sincerely,

Mark Moore Vice President
Blue Locker Commercial Diving

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3 City of Colton Water Department RFP Reservoir Cleaning and Inspection of 6 Reservoirs

Executive Summary
Blue locker Commercial Diving is pleased to submit this proposal for RFP Underwater Tank and Cleaning of the 6 reservoirs detailed in the RFP. Blue locker Commercial Diving has been servicing our clients since 2009, specializing in water tank cleaning and providing detailed inspection reports.

Led by Commercial Diver Kelan Gondrezick who has inspected over 2500 water tanks in his career, Blue Locker Commercial Diving utilizes the most up to date equipment offered in the industry for video recording and underwater pictures. Blue Locker Commercial Diving only hires graduates of commercial dive academies and no recreational PADI or “Open Water” recreational diver certificates are allowed.

Why is this important? First safety, OSHA, and Cal OSHA mandate that all divers that work in this field must be accredited “Commercial Divers” and have been fully trained and received a certification from the Association of Diving Contractors International (ADC) or received certification in the navy in the master diver program. Scientific diving with engineers must meet OSHA mandates that all divers have graduated from an ADC academy if they are doing any maintenance on the tank, such as cleaning.

Second, Blue Locker Commercial is a part of Associated Construction and Engineering which employs the top engineers in the country that work only in the water tank industries in both steel and concrete water tanks. Associated Construction and Engineering companies also provide structural engineering as well as computer drafting to provide our clients with a one- stop shop. They also have qualified NACE 2 and 3 corrosion inspectors if the job calls for that.

Third, Blue Locker has completed over 2000 tank inspections since its inception working for some of the largest clients in the western United States providing recommendations for structural repairs, safety requirement upgrades, as well as coatings evaluations. If desired, the detailed reports will also include accurate cost estimates for all recommended items. They can also complete the work if the owners want the work completed quickly.

Fourth, our dive gear has never been in anything other than potable water as many of our client’s mandate this. Ask yourself, do you really want equipment that has been recycled or wastewater in your drinking water? Sure, the dive team can spray down their suits and helmets, but have you ever witnessed a company professionally cleaning the 600’ of umbilical hose. This alone is the reason a lot of our clients hold Blue Locker as the standard in the industry.

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4 City of Colton Water Department RFP Reservoir Cleaning and Inspection of 6 Reservoirs

Table of Contents
Cover Letter Page 2
Executive Summary Page 3
Table of Contents Page 4
Scope of Services / Proposed work plan Page 5
Schedule Page 6
Safety Pages 7-14
Company Overview Staffing Resources
Resumes
Mark Moore-PM Page 15
Kelan Gondrezick-NACE 1 Diver Page 16
Bryce Griffith- NACE 3 Inspector Page 17
Mike Florio- Engineer Page 18
Todd Taylor-Structural Engineer Page 19
Experience and Technical Competence Pages 20-21
References & Project Experience Pages 22-26
Fee Proposal Attachment
Insurance Affidavit on Proposal
Example of a Blue Locker Report Attachment

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5 City of Colton Water Department RFP Reservoir Cleaning and Inspection of 6 Reservoirs

Project Understanding:

Proposed Work Plan.

The plan of attack is the same set up and deliverance of equipment no matter what style tank we are diving. In our business safety is our first and main priority. Blue Locker has an impeccable safety record to fall back on and we are enormously proud of it. We only hire commercial divers while many of our competitors might employ one and have two scuba level people as their back up. This is not only illegal but is dangerous. We have been doing this the right way long before OSHA mandated it.

After our safety and equipment checklist is completed, the hoses and diver umbilical will be moved into place as well as the tools for the diver. The diver will suit up and go through a safety check with the dive tender at the hatch before entering. The diver will be sprayed down with a 200ppm chlorine solution and enter the tank.

The diver’s equipment has only been in potable water as many of our larger client’s mandate this. This allows us to safely enter the clean water and not infect it with germs. The diver will clean the tanks floor using a vacuum connected to a trash pump system that will send 130-gallons of dirty water and sediment a minute from the tank. If we have two divers in the tank cleaning at the same time, we will have twice that amount of water. All the sediment will be removed from the floor.

Our divers understand how to professionally clean a tank without disturbing the sediment. Our diver Kelan Gondrezick is a NACE 1 coating inspector and can make the determination on the interior coatings existing life. The coatings are rubbed by the diver on the interior to see if they are breaking down. The main source of coating breakdown occurs in the vapor space above the water line, as this is the most susceptible area to coating breakdown occurring.

Once the tank is cleaned, the diver will take photos of the interior and exterior of the tank with a Sealife high-definition underwater camera. He will use a high-definition video underwater camera to partially video the cleaning, but also the inspection. The Owner can stand in the trailer with our dive supervisor who is not only monitoring each diver through constant voice communication, but real time video with voice as well.

Once the crew has completed the inspection the site is cleaned up of all our equipment. If sediment bags are used, the bags are typically left to dry out for a few days and are then thrown into a trash bin by the Owner. The Sediment bags will catch the deposits from the tank while allowing the water to migrate slowly to the storm drain, or desired spot that the owner has designated. If any repairs are made to the tank, it will be by a diver’s epoxy called Aquatapoxy-A6. It is an NSF approved material that will set up under water after the two components are mixed. Any repairs will require approval from the owner. The diver will brush the two-part kit of epoxy over the infected corroded spots. Recoating spots will involve

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6 City of Colton Water Department RFP Reservoir Cleaning and Inspection of 6 Reservoirs

having the owner look at the infected area on the video monitor and approval placement of the epoxy by the diver. The kit will then be mixed, and the diver will apply the epoxy.

As to the crew it is anticipated that our fellow owner Kelan Gondrezick will be diving along with Terron Cunningham and Currin Pounds. If any divers are changed out the city will receive their up-to-date dive certificates. All reports will be authored by myself. I will also be on site periodically to coach the team.

The dive team will also take underwater ultrasonic readings with our new Cygnus device after the floor has been cleaned. We will be able to report steel loss on the floor and walls on each quadrant of the tank.

If there are any structural defects that we find we will review them with our engineering department led by Mike Florio and structural engineer Todd Taylor.

Once all the tanks are cleaned the final reports will be sent to the City for their approval. If the City has any recommended changes, we will make those corrections back to the city again for their final approval.

We hope that you will see fit to hire Blue Locker Commercial Diving for not only their experience, but also our can-do attitude. We have assembled a great team that includes top structural and civil engineers who are highly rated in their field.

With Blue Locker’s connection to Associated Construction and Engineering we now have engineering capabilities that few can claim. Associated Construction and Engineering have many structural and civil engineers that only work in the water tank industry. Their resumes are included for your review.

Schedule
Proposed schedule if the project is awarded July 25th as advertised, Task Milestone Deliverables
Deliver insurance to
City
1 week after notice to
award
Week 1 after notice to
award.

Submit schedule Upon notice to award 2-week after notice to award

Clean Tanks Tanks are cleaned and
inspected
11 working days.

Reports Provided to City after
cleaning is completed
1-month after
completion of cleaning.

7.a
Packet Pg. 152
Attachment: Colton Proposal for 6 tanks (4243 : Contract Award - Blue Locker Diving, LLC.)

Professional Divers,
Top Quality Craftsmanship ”

7 City of Colton Water Department RFP Reservoir Cleaning and Inspection of 6 Reservoirs

BLUE LOCKER DIVING SAFETY PROCEDURES

INTRODUCTION
Blue Locker Diving complies with all OSHA regulations as outlined by “Confined Space Entry” and “Fall Protection.” BLD has designated the lead diver as safety officer and person in charge for commercial diving operations [29 CFR Sec. 1910 Subpart T]. It is the lead diver’s responsibility to work with management to instruct all BLD personnel in safe working procedures, updating these safety procedures and training employees. Disinfection procedures [ANSI/AWWA C652-02] Sec. 4.4 are strictly followed.

This manual is designed as a guideline for safe diving operations conducted by BLD. It must be remembered that this is only a guide, and that safe practices and common sense should be used whenever there is any doubt as to the application of this manual to a particular situation.

GENERAL PRACTICES

• All personnel shall wear clothing and personal protective devices suitable for the work they are involved in. This includes clothing that will not become entangled in machinery, shoes that cover the entire foot and provide adequate traction without dangling laces or other trip hazards. • If overhead work is in progress or overhead hazards exist, hard hats shall be worn. • Personnel dealing with chipping, grinding, welding, or any other possible eye hazards shall use proper eye protection, such as safety glasses or face shields. • Personnel in operations that include climbing (i.e., towers, standpipes, etc.) shall be instructed in the proper use of safety belts/harness and wear them. • Personnel are required to wear steel-toed shoes on all job sites.

• USE OF DRUGS/ALCOHOL:

In accordance with the Federal “Drug Free Workplace Act of 1988, there will be no possession or use of intoxicants while on the job or in/near the BLD vehicles or illegal drugs at any time. • All personnel must sign and acknowledge that they have received and will abide by this policy. • Any personnel found in possession or under the influence of alcohol or illegal drugs shall be removed from the job site and subject to disciplinary action. • Any personnel taking any medication must inform the job supervisor and not participate in any work in which safety may be compromised.
• Unsafe hazardous conditions must be reported to the job supervisor/foreman immediately.

7.a
Packet Pg. 153
Attachment: Colton Proposal for 6 tanks (4243 : Contract Award - Blue Locker Diving, LLC.)

Professional Divers,
Top Quality Craftsmanship ”

8 City of Colton Water Department RFP Reservoir Cleaning and Inspection of 6 Reservoirs

GENERAL DIVING PROCEDURES

• JOB SAFETY ANALYSIS:
• Before each dive shift, all BLD personnel must be present for JSA briefing. • Following the briefing, all BLD personnel must sign and date JSA to acknowledge understanding of safety concerns and willingness to follow all safety procedures. • Any BLD personnel who fail to sign and date a JSA will forego pay for that dive shift.

• At the beginning of every job, the job supervisor/lead diver must evaluate the job site and dive objectives.
• Determine depth and estimated dive time to complete objectives within nodecompression limits. Elevation above sea level at both the dive site and routes to and from the dive site must also be considered [I.A.W. no decompression limits].
• Ensure that there is safe access and a means of egress for the diver. • Check for hazards: Exposed wires, toxic chemicals, cathodic protection systems, possible entanglement, operational pumps, and pipelines.
• Post Emergency Waybill with local emergency numbers and the numbers for the Divers Alert Network [DAN] (919) 684-8111.

• The diver shall not enter the water at any time before topside preparations are complete and communication is established.
• Topside preparations should include, at a minimum:
• Check air supply. Gauge all scuba tanks/ensure standby tanks are accessible. • Check compressor operation (see equipment operation). • Diver shall be briefed on dive objectives, dive time, and any possible hazards. • Topside should ensure diver is properly attired and decontaminated as appropriate. • Dive Log established to record each diver’s time in water. • Copy of U.S. Navy diving manual at dive station.
• Diver’s regulator operational and communications check. • Topside personnel/tender in position.
• Dive station set up and clear of obstacles.

• In the event of any improperly functioning equipment or any unsafe conditions, the job foreman/ lead diver must be informed, and diving operations suspended until the lead diver has established that it is safe to resume diving.

• There is to be no free diving (breath holding) or water entry without an air supply while diver is weighted.

• No personnel shall enter a tank/reservoir without first informing the job foreman/lead diver.

7.a
Packet Pg. 154
Attachment: Colton Proposal for 6 tanks (4243 : Contract Award - Blue Locker Diving, LLC.)

Professional Divers,
Top Quality Craftsmanship ”

9 City of Colton Water Department RFP Reservoir Cleaning and Inspection of 6 Reservoirs

• In the event of an in-water emergency, no one shall enter the water without being certain that topside personnel are informed and that safe egress from the water is available.

• A CPR certified tender shall be stationed at the point of ingress (access hatch) when the diver is in the water.

SPECIAL DIVING PROCEDURES

• POTABLE WATER:

BLD specializes in diving in potable water storage reservoirs. Several specific standards have been developed by the AWWA (American Water Works Association) to ensure water quality is protected [ANSI/AWWA C652-02]. These standards are to be always adhered to including:

• STORAGE FACILITY ACCESS:

Before the facility access hatch is opened, the hatch and immediate area should be cleaned of all loose dirt and debris. The working area in the immediate vicinity of the access hatch shall be covered with a protective plastic sheet, which, once in place, is to be washed with the disinfectant solution.

• CONFINED SPACE REQUIREMENTS: OSHA has developed guidelines for diving operations in confined spaces [source needed]. These regulations apply when conducting diving operations in potable water reservoirs.

Occasionally clients and others will request services in empty tanks. Do not enter an empty tank without first determining if the reservoir is a “Permit Required” or “Non-Permit Required” confined space. Under no circumstances shall BLD personnel enter a “Permit Required Confined Space” without – • First notifying the office
• Having the lead diver/safety officer/person in charge post the necessary permit.

Refer to Blue Locker Diving Procedures Manual for additional instructions.

TOWERS, STANDPIPES, LADDERS

• Climbing exterior ladders onto water towers, standpipes, or above grade tanks requires special precautions.
• Upon arrival at the site, determine if the exterior ladder is equipped with a safety cage and if there is a working platform complete with guard rail at the hatch. • If the ladder is not equipped with a safety cage, platform, guard rails, etc., determine if there is a safety pole, safety wire, or other device in place.
• If there is a safety wire or pole, contact the owner’s representative as to the proper use of that device and for any equipment not normally carried or available at the time of inspection.

7.a
Packet Pg. 155
Attachment: Colton Proposal for 6 tanks (4243 : Contract Award - Blue Locker Diving, LLC.)

Professional Divers,
Top Quality Craftsmanship ”

10 City of Colton Water Department RFP Reservoir Cleaning and Inspection of 6 Reservoirs

• If no safety device is available for a ladder or portion of a ladder greater than 8’ off the ground or less than 42” above the top of the ladder (unless guard rails and platform are present) use two safety fall lines: maintain at least one attached line at all times when climbing the ladder or when on top of the reservoir.

• GENERAL RULES FOR USING LADDERS:
• Always face the ladder when ascending or descending.
• Always use both hands when ascending or descending the ladder.

EQUIPMENT AND PERSONNEL REQUIREMENTS
• All diving and inspection equipment and clothing to be used for underwater inspection potable water storage facilities shall be dedicated for that purpose only. Only external air supplied equipment shall be used.

• All equipment and clothing shall be suitable for disinfection. Diving clothing shall be of the dry suit type and shall be in good condition, free from tears, scrapes, un-repaired areas, or other imperfections that may impair the integrity of the suit. The diver and the clothing shall be disinfected after the diver is suited up. Between uses, all equipment and clothing dedicated for potable water, underwater inspection work shall be stored in a manner that prevents both chemical and bacterial contamination.

• All personnel on the dive team shall be free of communicable diseases and shall not have been under a physician’s care within the seven-day period prior to entering the facility. No personnel who knowingly have an abnormal temperature or symptoms of illness shall work in a water storage facility. All diving personnel have medical clearance per [CCR 8, 6053] on file at BLD primary office.

EQUIPMENT DISINFECTION

Due to the life support nature of equipment used in diving operations it is vital that safe procedures are followed, and that equipment is adequately maintained.

• DIVING COMPRESSORS:
• Location of unit: Ensure a clear area with unrestricted airflow. Avoid areas that may contain exhaust fumes, etc.
• Check for loose or broken bolts, belt tension, loose parts. • Check fuel level. • Check oil level on Monocle and motor sides.
• Ensure volume tanks are bled (every 4 hours minimum). • After starting, check for air or oil leaks and excess vibration.

7.a
Packet Pg. 156
Attachment: Colton Proposal for 6 tanks (4243 : Contract Award - Blue Locker Diving, LLC.)

Professional Divers,
Top Quality Craftsmanship ”

11 City of Colton Water Department RFP Reservoir Cleaning and Inspection of 6 Reservoirs

• Replace spark plugs per manufacturer’s recommendations. • DIVING HELMETS:

• Inspect helmet body for damage, loose valves, or fittings. • Inspect rubber parts for wear or cracking.
• Check non-return valve by opening free-flow valve and attempting to suck air from valve inlet. • With air supply hooked up, open free-flow valve to assure sufficient air supply. Then, with free flow closed ascertain that demand regulator is functioning. • Test communications both to and from diver.

• DIVE HOSES AND WHIPS:
• Inspect hose for damaged or weak spots.
• Check fittings are attached firmly and are not worn or stripped. • Blow out hose before use and tape or cap ends when not in use. • Always ensure the hoses and umbilicals are rated for the pressure used.

• GAS CYLINDERS/SCUBA TANKS:
• Make sure the cylinder is marked with D.O.T. approved operating pressure and does not exceed it. Check for current visual and hydrostatic inspection stickers. • Ensure all valves and whips are rated for cylinder operating pressure. • Never use oil or petroleum products on cylinder valves or fittings. • Open all valves slowly and carefully.
• Do not leave unsecured cylinders unattended.

• RACK BOX AND PNEUMOFATHOMETER:

• Do not operate equipment unless you have been instructed in and are completely familiar with its operation and safety procedures.
• Always check equipment before use for loose or damaged parts and do not operate without all safety devices in place.
• All personnel must be familiar with diving manifold and emergency HP back-up air. • In the event of loss of communication with diver, the rack operator will immediately deliver un-interrupted air at a breathable volume to the pneumotachometer until communication is re- established.

HAZARDOUS DIVING

7.a
Packet Pg. 157
Attachment: Colton Proposal for 6 tanks (4243 : Contract Award - Blue Locker Diving, LLC.)

Professional Divers,
Top Quality Craftsmanship ”

12 City of Colton Water Department RFP Reservoir Cleaning and Inspection of 6 Reservoirs

Diving presents several unique hazards depending upon individual situations. This must be taken into consideration when planning any dive. This is an overview of a few of the hazardous conditions that may be met by this company. Any time you are faced with a new situation, be certain you are trained and prepared for that job.

• LOCK-OUT, TAG-OUT:

• All equipment/machinery that could adversely affect diving operations or diver safety shall be locked-out and tagged-out before diving operations can begin. • Locked-out and tagged-out equipment/machinery shall be labeled with red tags. • All locks shall have only 2 corresponding keys. One key is to be held by the dive supervisor, the other to be held by the project manager.

• CONTAMINATED WATER:
• There shall be no diving in contaminated water without BLD owner’s explicit authorization and in no case shall any equipment dedicated for use in human waste, chemicals, or other possibly toxic substances be used for any other type of diving operations. • All personnel involved shall be instructed as to the nature of the job at hand. • The diver will be made aware of any possible hazards and have current medical vaccinations, if appropriate.
• A dry suit/helmet combination with a minimum of double exhaust will be used to prevent diver contact with the water.
• Sufficient reserve air supply must be provided for the diver.

• PENETRATION DIVES:

This includes any time the diver cannot directly ascend to a breathable atmosphere. • All personnel shall be briefed on all objectives and foreseeable hazards of the job being undertaken.
• The diver must have adequate air in reserve to reach surface. • A standby diver must also be prepared with adequate reserve air to retrieve the diver. In the event the penetration is a long one or the diver must negotiate sharp turns, additional in-water and topside tenders may be necessary.
• The diver will always be tended by a tender at the in-water point of penetration.

• DAMS AND CURRENTS:

These can present several dangers: particularly that of pinning/entrapment of the diver.

7.a
Packet Pg. 158
Attachment: Colton Proposal for 6 tanks (4243 : Contract Award - Blue Locker Diving, LLC.)

Professional Divers,
Top Quality Craftsmanship ”

13 City of Colton Water Department RFP Reservoir Cleaning and Inspection of 6 Reservoirs

The dive must be carefully planned, and blueprints or charts consulted whenever possible. • The diver should approach all dam walls and any other areas where differential pressure may be present, with caution.
• Whenever possible, the diver should work against the current to make reaching the point of egress easier. If the current is strong enough to make exiting the water difficult, the dive should be aborted.

GENERAL EQUIPMENT
Due to the numerous tasks that may be undertaken, a wide variety of tools and equipment may be used. This is an outline of some of these more commonly used by BLD. This should not replace training in the use of a particular item and when in doubt, the manufacturer’s guidelines for the item being used should be consulted.

• TRASH PUMPS:

These are frequently used to remove sediment from water reservoirs. • Check all fluid levels (i.e., oil and fuel) • Visually check for loose or damaged parts. • Check suction hose for any damaged area or leaks.
• Ensure discharge hose is run in a safe direction with adequate drainage. • Prime pump housing (filled with water).
• Start pump and watch for discharge. If discharge has not begun in two minutes, shut off pump and check suction for leaks. It may be necessary to bleed air from pump housing while it is running.
• Shut down pump and wait a minimum of two minutes for it to cool down before refueling. • Replace spark plugs per manufacturer’s recommendations.

• ELECTRICAL EQUIPMENT:

This includes all video inspection gear and any other equipment that may pose an electrical hazard.
• All monitors, VCR, control boxes, etc., must be in a safe, dry area. • A functioning ground fault interruption (G.F.I.) must be used on any equipment that enters or is used near the water.
• Extension cords should only be used when necessary and shall be inspected for frays or breaks and replaced, if necessary.

• HAND TOOLS:

This includes any non-powered tool (e.g., hammers, pliers, etc.).

7.a
Packet Pg. 159
Attachment: Colton Proposal for 6 tanks (4243 : Contract Award - Blue Locker Diving, LLC.)

Professional Divers,
Top Quality Craftsmanship ”

14 City of Colton Water Department RFP Reservoir Cleaning and Inspection of 6 Reservoirs

• Always use tools appropriate for the task.
• Always use proper personal protective devices.
• Be sure you have been instructed in the safe use of the tool being used.

7.a
Packet Pg. 160
Attachment: Colton Proposal for 6 tanks (4243 : Contract Award - Blue Locker Diving, LLC.)

Professional Divers,
Top Quality Craftsmanship ”

15 City of Colton Water Department RFP Reservoir Cleaning and Inspection of 6 Reservoirs

William “Mark” Moore
Cell: 951-501-6935
Email [email protected]
WORK HISTORY:
2020- Present
Blue Locker Commercial Diving
Job Duties: Joint Owner/ VP Sales for the Western United States.

Blue Locker is an established tank cleaning company that has a strong customer base. Tank report writing and customer interface is my specialty. Calling on Water Districts and Engineers providing insights into water tanks and water quality.

Contact- Kelan Gondrezick. 702-586-3145

2017-2020
Paso Robles Tank
Job Duties: Sales Manager for Western United States . Travel 70% of the time. Responsible for new sales and marketing in my region. Excellent presentation skills and presentation at many association industry trade shows speaking in front of as many as 400 people on topics such as Concrete, Steel and Concrete Tanks, and Seismic. Conduct public speaking approximately 40 times a year conducting lunch and learns. Attended and ran all trade show conferences.

Contact is Larry Wombles [email protected]

2004-2017
DYK Incorporated/DN Tanks
351 Cypress Ln
El Cajon, CA 92020
619-440-8181
Job Duties: Regional Manager for Texas, Pennsylvania, Rocky Mountain Region and eventually the entire western United States. After the merger I was tasked with creating the Concrete Tank Services division in the west to complement our new partners brand in the East

7.a
Packet Pg. 161
Attachment: Colton Proposal for 6 tanks (4243 : Contract Award - Blue Locker Diving, LLC.)

Professional Divers,
Top Quality Craftsmanship ”

16 City of Colton Water Department RFP Reservoir Cleaning and Inspection of 6 Reservoirs

Kelan Gondrezick Resume
544 Aspen Leaf St, Las Vegas, NV, 89144
Phone: (702) 586-3145 Cell: (720) 587-9811 Fax: (702) 534-7843 E-Mail: [email protected]

Blue Locker Commercial Diving Services, L.L.C. - May 2012 - Present Owner/Operator
Business Owner/Dive Supervisor
Currently run an OSHA mandated 5-man dive team in all aspects of underwater construction.

Responsible for all diver safety and emergency response.

Contracted with over 100 companies for underwater commercial diving west of the Mississippi.

Own and oversee over 100K worth of equipment.

Certifications
Divers Institute of Technology-Seattle Washington- Graduated 2003 Divers Institute of Technology is a commercial diving academy in Seattle.

Washington, a yearlong school that taught us the basics in every aspect of diving and underwater construction.

Skills
ADC certified commercial diver.

CDA unrestricted commercial diver.

Hazmat Certified.

AED and Heart saver first aid certified instructor.

Welding/Underwater Welding certified.

NACE CIP 1 Coating Inspector
O2 Instructor.

7.a
Packet Pg. 162
Attachment: Colton Proposal for 6 tanks (4243 : Contract Award - Blue Locker Diving, LLC.)

Professional Divers,
Top Quality Craftsmanship ”

17 City of Colton Water Department RFP Reservoir Cleaning and Inspection of 6 Reservoirs

BRYCE GRIFFITH
664 Chick Lane, San Miguel, CA 93451 [email protected] | 805-434-7773

EXPERIENCE SAFETY AND QUALITY TECH PASO
ROBLES TANK INC.
2022-CURRENT
• Mange PRT’s Coating Quality Control Program and maintain our SSPC QP1 ,2, & 3 Certifications
• Process Quality and Safety documentation from field and shop crews to ensure compliance with policies specifications, laws, and regulations.
• Maintain APCD and Hazardous Waste Certifications
• Audit field and shop locations for safety and quality AMPP
• Senior Certified Coatings Inspector – Cert No.N-78217 (NACE 3) AWS
• Certified Welding Inspector - #22092311
NACE
• Ethics for the Corrosion Professional

7.a
Packet Pg. 163
Attachment: Colton Proposal for 6 tanks (4243 : Contract Award - Blue Locker Diving, LLC.)

Professional Divers,
Top Quality Craftsmanship ”

18 City of Colton Water Department RFP Reservoir Cleaning and Inspection of 6 Reservoirs

Mike Florio
Email: [email protected]

GENERAL WORK EXPERIENCE:

Twenty-six years of experience in structural engineering with emphasis in steel plate structures.

PROFESSIONAL EXPERIENCE:

Paso Robles Tank, Inc. Vice President / Engineering Manager Hemet, CA 2007 – Present
• Manage engineering department. Interview, hire, and manage key engineering and drafting personnel.

Create and maintain standards and protocol for the department. • Responsible for the structural design of all welded carbon and stainless-steel tanks, both shop fabricated and field erected ranging in size form 1,000 Gal to 13 MG • All tanks designed to current codes including: AWWA D100-21, API 650-13th Edition, API 653-5th Edition, 2018 International Building Code, 2019 California Building Code, and ASCE 7-16.

EDUCATION:

B.S. Civil Engineering June 1999
California State Polytechnic University
Pomona, CA

CERTIFICATIONS:

Arizona Registered Nevada Registered
Professional Engineer Professional Engineer
Civil Engineering Civil Engineering
California Registered Washington Registered
Professional Engineer Professional Engineer
Civil Engineering Civil Engineer

INDUSTRY POSITIONS:

American Water Works Association (AWWA):
• General Tank Standard Subcommittee Member

7.a
Packet Pg. 164
Attachment: Colton Proposal for 6 tanks (4243 : Contract Award - Blue Locker Diving, LLC.)

Professional Divers,
Top Quality Craftsmanship ”

19 City of Colton Water Department RFP Reservoir Cleaning and Inspection of 6 Reservoirs

TODD R. TAYLOR, PE, SE

STRUCTURAL ENGINEER
Email: [email protected]
GENERAL WORK EXPERIENCE:

Tank design experience in stainless and carbon steel, prestressed and reinforced concrete applications; with tanks situated at-grade, above-grade (elevated) or fully buried. Specialized in potable water tank applications. Tank experience includes structural design, analysis, modeling, seismic retrofit, repair, foundation design, appurtenances, and some related hydraulics.

Experience totals over 20 years in engineering; over 14 years in tank structures. Other past professional experience includes civil and surveying work.

PROFESSIONAL EXPERIENCE:

Paso Robles Tank, Inc. /Associated Construction & Engineering Structural Engineer 2018- Present

• Responsible for structural design of welded carbon and stainless-steel tanks, mostly to either AWWA D100 or API 650 standards . Other tanks including rectangular tanks were designed to ASCE 7 requirements. Shop -fabricated and field -erected. Structural design of tank components including foundation, anchorage, tank shell, roof structure, ancillary piping, and appurtenances.

Tanks and foundations are designed to specify wind, seismic, and other loading requirements.

DN TANKS (previously DYK Incorporated) November 2008 – August 2017 Design Engineer
El Cajon, CA
• Design of prestressed/reinforced concrete tank structures for integrity, durability, and seismic performance (potable, wastewater, & TES uses). Also designed foundations, shoring systems, etc. • Created department’s Mathcad-based templates for formal calculation submittals. • 6 years improving and updating the department’s design software. • Over 90 site visits for structural observation and/or shoring inspections.

7.a
Packet Pg. 165
Attachment: Colton Proposal for 6 tanks (4243 : Contract Award - Blue Locker Diving, LLC.)

Professional Divers,
Top Quality Craftsmanship ”

20 City of Colton Water Department RFP Reservoir Cleaning and Inspection of 6 Reservoirs

Experience and Technical Competence:

Experience - Blue locker Commercial Diving and their affiliated company Associated Construction and Engineering will provide everything that the City of Colton Water Department requests as part of the reservoir and cleaning project as a one-stop shop for the tank cleaning of the fourteen reservoirs. Since 2012 Blue Locker Commercial has been a part of over 1000 water tank inspections, joining with the Associated Construction and Engineering family place Blue Locker Commercial Diving as the only commercial diving company with design and engineering capabilities, and the ability to complete the rehabilitation for the client.

Experience of the staff –
Owner and Diver Kelan Gondrezick are not only ADCI approved commercial diver, but he is also a NACE 1 corrosion inspector. He will lead the field cleaning and inspections.

Mark Moore has over 30 years of experience in concrete and water tank construction and rehabilitations. He will be the project manager and act as the liaison to the City of Colton Water Department throughout the project.

Bryce Griffith is a NACE 3 coating inspector. He will review all reports if needed.

Todd Taylor P.E, S.E., will be the structural engineer assigned to the overview of the reports and the final conclusions that the team makes to the city of Colton Water Department if structural issues are found.

Mike Florio P.E. will be the engineer in charge of engineering for this project if engineering is required.

Number of years the firm has conducted business- Blue Locker Commercial Diving has been in business since 2012.

Has Blue Locker Commercial Diving ever been removed from a project.- In our 12 years of business Blue Locker has accepted every contract with municipalities to date. We have never been terminated early from a contract.

Withdrawal of a proposal because of an error or Termination or failure to complete a contract. Blue Locker Commercial Diving has completed every contract we have begun since our inception in 2012. We have never been terminated by a contract.

7.a
Packet Pg. 166
Attachment: Colton Proposal for 6 tanks (4243 : Contract Award - Blue Locker Diving, LLC.)

Professional Divers,
Top Quality Craftsmanship ”

21 City of Colton Water Department RFP Reservoir Cleaning and Inspection of 6 Reservoirs

Debarment by any municipal, county, state, federal or local agency- Blue Locker has never been debarred by any client in the company’s history.

Involvement in litigation, arbitration, or mediation. Conviction of the firm or its principals for violating a state or federal antitrust law by bid or proposal rigging, collusion, or restrictive competition between bidders or proposers, or conviction of violating any other federal or state law related to bidding or professional services performance. Knowing concealment of any deficiency in the performance of a prior contract.-Blue Locker Commercial Diving has never been involved in a legal action or have been accused of proposal rigging, collusion, or restrictive competition between bidders and proposers. There are no accusations or convictions placed against Blue Locker and no concealment of any deficiencies in the performance of a prior contract.

Falsification of information or submission of deceptive or fraudulent statements in connection with a contract- Blue Locker has never been involved in deceptive or fraudulent practices and has never been accused.

Willful disregard for applicable rules, laws, or regulations. Information regarding any of the above may, at the sole discretion of the City, be deemed to indicate an unsatisfactory record of performance.- Blue Locker Commercial Diver has never been a part of any willful disregard for applicable rules, laws, or regulations or to our knowledge ever received an unsatisfactory record of performance.

Technical Competence
Description of in-house resources Blue Locker Commercial personnel are all computer literate (some more than others) Associated Construction and Engineering have well established bidding, and project management software “Foundation,” our engineers use various software programs with many designed in-house to meet our industry. Our field equipment is all high-definition cameras and state-of-the-art video equipment.

Ability to draw upon multi-disciplinary staff to address the Services requested in this RFP.-The City of Colton Water Department RFP Reservoir contract will be completed completely in-house using the water tank experts at Blue Locker Diving and Associated Construction and Engineering.

7.a
Packet Pg. 167
Attachment: Colton Proposal for 6 tanks (4243 : Contract Award - Blue Locker Diving, LLC.)

Professional Divers,
Top Quality Craftsmanship ”

22 City of Colton Water Department RFP Reservoir Cleaning and Inspection of 6 Reservoirs

References and Project Experience
1)
Ryan Benner P.E.- Engineer
Las Vegas Valley Water District
1001 S. Valley View Blvd
Las Vegas, NV 89153
Cell 702 449-1282 [email protected]
No Fax provided. Please use email.

LVVWD is our largest client and has maintained the account for five years . We typically clean and inspect about ten tanks a year that range in size from 500,000 gallons to 40,000,000 gallons. They hired us because of our expertise with concrete tanks as well as our dive equipment only goes into clean water . Projects delivered on time. Contracted amounts- Over $70,000 a year. The tanks were serviced with a dive crew of three commercial divers lead by Kelan Gondrezick and the reports were completed by Mark Moore.

2)
John Tadlock- Supervisor, Utilities, Water Division
City of Roseville
2005 Hilltop Circle
Roseville, CA 95747
Office 916-223-7763 [email protected]
No Fax provided. Please use email.

Have cleaned 7.5MG and 10MG water tanks in the last year. Both projects were completed during a horrible storm. Both projects were still completed on time. Contracted amounts- $60,000 for the two large tanks.

3)
Virgil Cleary PE
Casitas Municipal Water District
1055 N. Ventura Ave,
Oak View, CA 93022
Office 805-535-8034 [email protected]
Cleaned and inspected 14 potable water tanks in 2023. Project was delivered on time and on budget.

Contract amount $73,000

7.a
Packet Pg. 168
Attachment: Colton Proposal for 6 tanks (4243 : Contract Award - Blue Locker Diving, LLC.)

Professional Divers,
Top Quality Craftsmanship ”

23 City of Colton Water Department RFP Reservoir Cleaning and Inspection of 6 Reservoirs

4)
La Canada Irrigation District
PO Box 39
La Canada, CA 91012-0039
Attn: Doug Caister [email protected]
Phone: 818-790-6749
Cleaned and inspected 9 potable water tanks in 2023. Project was delivered on time and on budget.

Project contract $39,000

5)
Don Callison – Research Analyst 11
CalVets- Department of Veterans Affairs
190 California Dr.

Yountville, CA 94559
Office 707-944-4514 [email protected]
No Fax provided. Please use email.

This year we cleaned 5 water tanks for Calvet. This included one deep dive of 100’ deep. Project was delivered on-time and under budget. The contract was for $42,900. Project came in at $37,900.

Sincerely

Mark Moore-Owner
Blue Locker Commercial Diving

7.a
Packet Pg. 169
Attachment: Colton Proposal for 6 tanks (4243 : Contract Award - Blue Locker Diving, LLC.)

Professional Divers,
Top Quality Craftsmanship ”

24 City of Colton Water Department RFP Reservoir Cleaning and Inspection of 6 Reservoirs

Project Specific Experience
References and Project Experience
Ryan Benner P.E.- Engineer
Las Vegas Valley Water District
1001 S. Valley View Blvd
Las Vegas, NV 89153
Cell 702 449-1282 [email protected]
No Fax provided. Please use email.

LVVWD is our largest client and has maintained the account for five years. We have had our contract renewed three times. We typically clean and inspect about ten tanks a year that range in size from 100,000 gallons to 40,000,000 gallons . They hired us because of our expertise with concrete tanks as well as our dive equipment only goes into clean water. Projects delivered on time. Contracted amounts- Over $70,000 a year These projects were all Nevada prevailing wages. The tanks were serviced with a dive crew of three commercial divers lead by Kelan Gondrezick and the reports were completed by Mark Moore. All reports, pictures and videos were delivered to the client in 1 week after the inspection.

In the last three years we have completed inspections, Cleanings, and repairs on the following projects:

Reservoir name- Size- Date of report – Approximate Contract value- Tasks- Project days Anasazi Reservoir 10.0MG 4-27-21 $30,000 Clean & inspect, add anodes. 7 days Angel Park 10.0MG 11-28-22 $20.000 Clean & Inspect, add anodes. 5-days Campbell East and West 40.0MG 11-14-22 $10,000 Inspect only, add anodes. 2 days Charleston Heights 20MG 11-8-22 $10,000 Inspect only, add anodes. 2 days Cliffs Edge 10MG 9-4-21 $6,000 Inspect only, add anodes. 1 day El Capitan 20MG 4-22-21 $10,000 Inspect only, add anodes. 2 days Far Hills 15MG 11-14-22 $40,000 Clean and Inspect, add anodes. 9 days Fayle 40MG 4-19-22 $10,000 Inspect only, add anodes. 2 days Ft. Apache North 10MG 4-15-22 $28,000 Clean and Inspect, add anodes. 7 days Grand Canyon 4-basins 40MG 5-3-22 $16,000 Inspect only, add anodes . 2 days Horizon Ridge 4-basins 40MG 2-20-23 $16,000 Inspect only, add anodes. 2 days Levi basin 20MG 5-1-21 $5,000 Inspect only, add anodes. 1 day Blue Diamond A & B 250,000 gallons 9-8-20 $10,000 Clean and Inspect. 2 days Meranto 10MG 4-28-21 $5,000 Inspect only, add anodes. 1 day Montessouri Basins 40MG 11-21-22 $16,000 Inspect only, add anodes 2 days.

Rice 20MG 11-20-22 $10,000 Inspect only, add anodes.

Sloan Army Tank 125,000 Gallons 4-12-22 $8,000 Clean and Inspect, add anodes. 1 day Tropicana 20MG 5-5-21 $8,000 Inspect only, add anodes. 1 day Warm Springs 20MG 4-21-22 $8,000 Inspect only, add anodes. 1 day Washington Receiving 5MG 5-10-21 $20,000 Clean and Inspect, add anodes. 4 days Note- Anodes are provided by the owner and are not in the contract estimate.

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Packet Pg. 170
Attachment: Colton Proposal for 6 tanks (4243 : Contract Award - Blue Locker Diving, LLC.)

Professional Divers,
Top Quality Craftsmanship ”

25 City of Colton Water Department RFP Reservoir Cleaning and Inspection of 6 Reservoirs

Project Specific Experience
References and Project Experience
Ben Jesch P.E- Engineer
Truckee Meadows Water Authority
1355 Capital Blvd
Reno, NV 89502
Office 775-834-8080 [email protected]
No Fax provided. Please use email.

Completed over 28 tank cleaning and inspections for Truckee Meadows in March/April of 2021. Tanks ranged in size from 300,000 gallons to 30,000,000 gallons. The Client goes to rebid every year and is strictly low bid. Blue locker lost the last contract by less than $1000. We completed the project on time and on budget. We are in good standing with the client. Our reports were turned into TMWA within 1- week of the dive being completed. The project was completed with a 3-man dive team with Mark Moore authoring the reports. The last contract was $43,000 and we inspected up to 3 tanks a day. This project was Nevada prevailing wages. Project was completed ahead of schedule.

In the last three years we have completed inspections, Cleanings on the following projects: Note-There are 9 more tanks that are a part of this project. Due to page constraint could not be included.

Reservoir name- Size- Date of report – Approximate Contract value $43,000- Tasks- Project days Beaumont 1.27MG 3-31-21 inspect only. ½ day.

Boomtown 1.5MG 3-25-21 inspect only. ½ day.

Caughlin 3.0MG 3-28-21 Clean & inspect 2-days.

Double Diamond 2 2.7MG 3-31-21 inspect only- ½ day.

Double Diamond 3A 2.0MG 3-30-21 Inspect only ½ day.

Double Diamond 4 2.7MG 3-30-21 Inspect only ½ day.

Fish Springs 1 480,000 gallons 3-26-21 Clean & inspect 1/2 day.

Fish Springs 2 480,000 gallons 3-26-21 Clean & inspect ½ day.

Hidden Valley 4 300,000 gallons inspection only ½ day.

Highlands 20MG, 3-23-21 Inspection only, 1 day.

Horizon Hills 2, 2.5MG, 3-29-21 Inspection only, ½ -day.

Hunter Creek 30MG, 3-24-21 Inspection only, 1 day.

Lemmon Valley 2, 513,000 gallons, 3-29-21 inspection only, ½ day.

Lemmon Valley 4, 606,000 gallons, 3-29-21 , inspection only, ½ day.

Spanish Springs 4MG, 3-29-21 Inspection only ½ day.

Spring Creek 2 , 340,000 gallons, 4-1-21, Clean and inspect. ½ day.

Spring Creek 5, 486,000 gallons, 4-1-21, Clean & Inspect ½ day.

Spring Creek 6, 2MG, 4-2-22, Clean and inspect, 1 day.

STMGID 1, 750,000 gallons, 4-6-22, Inspection only, ½ day.

STMGID 2, 1MG, 3-31-21, inspection only, ½ day.

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Packet Pg. 171
Attachment: Colton Proposal for 6 tanks (4243 : Contract Award - Blue Locker Diving, LLC.)

Professional Divers,
Top Quality Craftsmanship ”

26 City of Colton Water Department RFP Reservoir Cleaning and Inspection of 6 Reservoirs

Project Specific Experience
References and Project Experience
Earl Smith- Project manager
Truckee Donner Public Utility District
11570 Donner Pass Rd.

Truckee, CA 96161
Office 530-582-3955 [email protected]
No Fax provided. Please use email.

Completed 8 tank cleaning and inspections for Truckee Donner Public Utility District in April of 2021.

Tanks ranged in size from 100,000 gallons to 750,000 gallons. The work was completed with a 3-man team of commercial divers. We were invited back to repair a leaking tank in November that year. The client cleaning is awarded with strict low-bid criteria. We are in good standing with the client. We completed the project on time and on budget. Our reports were turned into TDPUD within 1 week of the dives being completed. The project was completed with a 3-man dive team with Mark Moore authoring the reports. We have completed two contracts for TDPUD for $19,500 and $6500. These projects were California prevailing wages. Project was completed ahead of schedule.

In the last three years we have completed inspections, Cleanings on the following projects: Note-There are 6 more tanks that are a part of this project.

Reservoir name- Size- Date of report – Approximate Contract value- Tasks- Project days Martis Woods, 200,000 gallons, 4-15-21, $2500, Clean & Inspect, ½ day.

Northwoods, 400,000 gallons, 4-15-21, $2500, clean & inspect, ½ day.

Northside Tank, 400,000 gallons, 5-15-21, $2500, Clean & Inspect, ½ day.

Ponderosa, 200,000 gallons, 4-16-21, $2500, Clean & inspect, ½ day.

Sitzmark , 200,000 gallons, 4-15-21, $2500, Clean & Inspect, ½ day.

Strand 1, 420,000 gallons, 4-14-21, $2500, Clean & inspect, ½ day.

Strand 2, 320,000 gallons, 4-14-22, $2500, clean & inspect, ½ day.

Type 2 prestressed tank, 750,000 gallons, $2000, inspect only- By Mark Moore Ski Run Tank 100,000 gallon, 11-18-21, $6500, Repair of the leaking tank. 1 day

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Packet Pg. 172
Attachment: Colton Proposal for 6 tanks (4243 : Contract Award - Blue Locker Diving, LLC.)

Professional Divers,
Top Quality Craftsmanship ”

27 City of Colton Water Department RFP Reservoir Cleaning and Inspection of 6 Reservoirs

INSURANCE AFFIDAVIT

Prior to the start of the work the utility will be furnished with an insurance certificate covering workman’s. comp, general liability, and proof of automobile insurance and Errors and Omissions insurance. Additional Insurance requirements may be subject to additional charges.

RFP submitted by:

Mark Moore
Blue Locker Diving, L.L.C. – V.P Sales and Marketing
[email protected]

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Packet Pg. 173
Attachment: Colton Proposal for 6 tanks (4243 : Contract Award - Blue Locker Diving, LLC.)

“Professional Divers,
Top Quality Craftsmanship”

City of Colton
Attn: Bassam Alzammer
160 South 10th
Colton, CA 92324

6 tanks

Page 1 of 2 ends

We are pleased to provide you with the
following quote:

Date: 9-19-23
Start Date: TBD
Finish Date: TBD
Prevailing Wage Assignment

Diving Services

Mark Moore
Blue Locker Commercial Diving Services LLC
P: 951-501-6935, F: 702-534-7843
[email protected]
Payment Terms: Upon project completion and
delivery of digital reports.

If payment arrives past 30 days then a 2% fee
per day late after 30 days will be added per day
to the total cost of project.

Tanks/Intakes

Scope of Work

Clarifications

 See List Below

Remove sediment from the tanks listed; a
full exterior and interior inspection will
then be performed.

Electronic written report & Video Report of
the services provided are included in this
cost. This will Provide you with digital
copies of reports for your records.

Sediment bags if required are included.
 This cost is based on normal
1”sediment removal, if the sediment
is at a consistency (sand, clay, rocks,
etc) that requires the cleaning
process to take longer than expected
the additional sediment will be
removed at a rate of 550 per Hr. A
written work for any additional
work will be provided to the
authorized utility representative for
review and approval before any
additional work is performed.

 If there are any delays due to no
utility personnel onsite, tanks that
are not full, locked gates or hatches a
downtime charge of $550 an hour
will be applied.

Prior to divers arriving on site, the tanks
must be at overflow water level (unless
agreed to a different height). This ensures
the safety of the divers and helps maximize
suction from our pumps, if tank or tanks are
not full hourly rates may apply

All dive gear and personnel will be sprayed
down and saturated with a 200-PPM Chlorine
Solution pertaining to AWWA standard C-652.

All Commercial Divers are legal US citizens
and accredited from a commercial diving
academy.

We abide by all OSHA regulations pertaining
to surface supplied air diving and scuba
diving.

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Packet Pg. 174
Attachment: Colton, CA 6 tank Cost PROPOSAL (4243 : Contract Award - Blue Locker Diving, LLC.)

Page 2 of 2 ends

Tank Name Diameter Height days Cleaning and Inspection Price

1) Wild Canyon Tank-WST
2,0MG
105 32 2 $11,000
2) 3.0MG La Loma WST 136 32 2 $11,000
3) 3.0MG Montecito WST 132 32 2 $11,000 4) Domeq 3.0MG WST 105 48 2 $11,000
5) Domeq 300,000 gallon Elevated
WST

44 111/ 88 to
catwalk
1 $11,000
6) Rialto 3.0 MG WST 114 40 2 $11,000 Epoxy kits -up to 12 if
required.

$2500
Prices include sediment bags
and dichlorination.

Total - $68,500 - (Lines 1-7).

1. Prices include reports and video documentation.

INSURANCE

Prior to the start of the work the utility will be furnished with an insurance certificate covering workmen comp, general liability, and proof of automobile insurance. Additional Insurance requirements may be subject to additional charges. Our insurance carrier will no longer provide California subrogation insurance.

TERMS

Payment is due upon completion of the project. In some cases, a 25 % scheduling and mobilization fee may be due upon acceptance of this agreement. If that is the case the utility will be notified upon presentation of the quote.

SCHEDULING
To get your project scheduled please call, or scan and email back the signed and dated quote and a Blue Locker Representative will contact you with scheduling information. All schedules are subject to change. You will be notified of any changes as soon as possible.

Accepted:

Authorized Utility Representative Title Date
Quote submitted by:

Mark Moore
Blue Locker Diving, L.L.C
[email protected]

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Packet Pg. 175
Attachment: Colton, CA 6 tank Cost PROPOSAL (4243 : Contract Award - Blue Locker Diving, LLC.)

August 24, 2023
Request for
Proposals for
Underwater Tank Inspection and
Cleaning Services

1. INTRODUCTION
The purpose of this Request for Proposal (RFP) is to solicit proposals, through a competitive process, for procurement of underwater tank inspection and cleaning services for the City of Colton Municipal Water Department’s potable water tanks.

The following are required:
• Certified Commercial Diver Licenses required. ADCI Cards must be with Diver, Tender and Standby diver at all times.
• Payment of prevailing wage rate is required under California Department of Interior/ Carpenters/ Diver under 50’.
• Diver must be a NACE 1 Coating inspector.
• All wages MUST be reported electronically through the Department of the Interior before final checks are approved for distribution. Any firm that has been removed from a public works bid for failure to provide a 3- man commercial dive team or for not paying California prevailing wages may not submit a bid.

2. GENERAL
The City of Colton’s Water Department (Colton) service area is primarily situated within the City of Colton’s corporate boundary.

Colton’s existing potable water system consists if the following:
• Six (6) active storage tanks from 300,000 Gallons to 3.0 Million Gallons (MG) volume each

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Packet Pg. 176
Attachment: RFP Reservoir Diving 08242023 (4243 : Contract Award - Blue Locker Diving, LLC.) 2 To be considered responsive to the RFP requirements, contractors must submit a proposal. indicating their knowledge and experience related to the services being sought. If you have any questions, please contact Bassam Alzammar, Water/ Wastewater Operations Manager by email at [email protected]

Submission Deadline: September 19, 2023, at 2:00 p.m.

3. SCOPE OF WORK

A. BACKGROUND
The City of Colton Water Department is seeking proposals from experienced tank diving companies to perform comprehensive inspection and interior cleaning services, which may include structural repairs. The scope includes six (6) active storage tanks with a tot al capacity of 1 4.3 MG. The six storage tanks are in the City of Colton. Each tank is cylindrical with one tank being elevated welded steel.

B. PROJECT & CLEANING SCHEDULE
Inspection and cleaning on all metal potable water tanks are conducted once every three - years, or as often as the Department determines a need. The selected vendor shall complete the set of tank inspection and cleaning per designated cycle within 90-days’ notice.

C. TECHNICAL
The selected vendor shall provide all equipment, personal protective equipment, labor, etc. to ensure work is completed within federal, state, local, and District regulations in order to complete tank diving inspections and cleaning services, which may inc lude structural repairs. The vendor shall secure site, disinfect and clean area when finished. Tanks shall remain on-line during both the inspection and cleaning services. Inspections shall proceed immediately following cleaning to capture structure integr ity of tanks between maintenance inspections.

The selected vendor shall report any structural concerns immediately to the Operations manager to assess recommended repair. No repair shall be completed without securing authorization from the Operations Man ager. The Dive company must have a contractor who is a specialist in welded steel water tanks prepared to quote and complete any repairs that are found on these inspections in a timely manner . The tank specialist must have completed a minimum of 10 rehabil itations that consisted of the replacement of hatches, ladders, piping, as well as coatings. The specialist must have a NACE 3 coating inspector as well as QP 1 qualifications as well as CAD and engineering services on staff. All reports can be shared with the Tank Specialist upon written consent of the Colton Water District Operations manager.

Water discharged from a reservoir during a cleaning procedure that could reach a blueline stream or waterway shall de-chlorinated using sodium-bisulfate or an equivalent approved by Colton. If Colton or local water quality boards require sediment containment, material

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Packet Pg. 177
Attachment: RFP Reservoir Diving 08242023 (4243 : Contract Award - Blue Locker Diving, LLC.) 3 filter bags shall be used. Filter bag material shall be able to process 100 gpm and retain all materials 70 microns and larger, it shall be sized to minimize turbulence of discharged water. The company shall include a separate price for bag disposal.

D. POTABLE WATER TANKS
Divers shall use fully dry suits free of defects that shall be standard NSF60/61 approved materials. Company shall carry documentation demonstrating suits comply with potable water application, company shall be required to use vulcanized rubber dry suits. The suits must only have been used in clean water. No suits or umbilical’s that have previously been used in recycled or wastewater will be accepted.

All equipment and diver (external gear), shall be disinfected with a 200+ ppm chlorine solution, immediately preceding tank entry.

E. DIVERS AND OPERATORS
Dive team shall comply with all federal, state, and local regulations, including but not limited to: Government Code Section 170, California Code of Regulations Group 26, articles 153-153, Sections 6050-6063, and applicable ANSI standards. Dive team shall be certified commercial divers who have graduated from an ACD I Approved Commercial Diving Course or equal ( recreational PADI, Open water and NAUI certification will not be accepted).

The dive team shall c onsists of no less than a three -person team (Diver, Tender & Dive Supervisor), all of whom shall be certified commercial divers. All team members shall have a current CPR & First Aid Card, 02 Administrator Card, and a complete diver physical within the past 24 months.

The selected v endor shall submit the following documentation: Copy of Standards and Procedures Manual, Safe Practices Manual, Diver Logbooks, and the latest Air Testing Reports. The vendor shall provide certifications of training for all personnel conducting diving operations.

All diving operations shall be conducted with surface -supplied commercial grade diving equipment, including compressor (or compressed air bottle storage system), volume tank, air control system, filter system and pneumofathometer. The air source shall have been tested within the past 180 days, for oil mist and other contaminants, in accordance with requirements for Grade D breathing air.

All diving operations shall be conducted utilizing a totally encapsulated diving dress, diver hardhat with sealed neck dam, and a vulcanized rubber dry suit, all in good repair. A band mask shall be specifically prohibited for any instance but in an emergency.

The diver hard hat shall be equipped with operating voice communication to the surface.

The diver umbilical shall consist of at minimum, the following: Diver air hose, pneumofathometer, dive diver communication cable, video cable and high intensity lighting power cable.

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Packet Pg. 178
Attachment: RFP Reservoir Diving 08242023 (4243 : Contract Award - Blue Locker Diving, LLC.) 4 Diving operations must meet all disinfection requirements of the American Water Works Association (AWWA) C6520-19 standard. All diver equipment and any other equipment introduced into the reservoir shall be dedicated for potable water operations, and further shall be disinfected with no less than a 200 -ppm chlorine scrub/spray to entry into the reservoir or clearwell.

Dive team shall be equipped with live color video with live voice recording (and associated lighting system) between diver and surface team, to allow for real-time surface monitoring of all diving activities and findings, as well as quality-control of the completed work.

F. CAMERA/VIDEO EQUIPMENT
A suitable digital color underwater camera with high resolution and low -light features and/or adequate flash lighting feature shall be used for still photography. No disposable or one-time camera s are permitted. Cameras with a limited short focal range are not acceptable.

Video camera equipment shall be of suitable for underwater use high quality picture and zooming capabilities to ensure all appurtenances are clearly captured.

G. CLEANING
Cleaning shall be performed in accordance with AWWA C652 -19 standards. Cleaning procedures shall include removing materials from reservoir by vacuum or water suction into containment bag. The discharge water from the containment bag shall be directed towards nearby landscape or storm drain upon the direction of City staff.. The cleaning procedures shall not create any visible turbidity in the water column. In addition to cleaning all sediment and other materials from the floor of the reservoir, it shall also be r emoved from the support column bases, plumbing fixtures and supports, man entries, or any other areas where the vacuum does not reach during normal floor cleaning.

H. INSPECTION
Inspections shall be performed according to the National Association of Corrosion Engineers (NACE) and American National Standards Institute (ANSI). Inspection shall be performed in accordance with AWWA C652- 19 standards. The selected vendor shall submit a comprehensive inspection checklist detailing all areas of inspections with their proposal submittal, The City of Colton Water Department shall approve and/or amend inspection checklist as necessary.

The inspector shall note the overall condition of tank and appurtenances, list items needing repair, safety and wear concerns, and make recommendations for upgrades to include the following general areas;
• External tank inspections
• Internal tank inspection to be done as a continuous process by diver • Site and grounds security (video and photographs of railing and hatch

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Packet Pg. 179
Attachment: RFP Reservoir Diving 08242023 (4243 : Contract Award - Blue Locker Diving, LLC.) 5 Video images and photographs shall be of a sufficient quality to depict corrosion occurring under painted structures. Determination of video and photograph quality shall be at City of Colton’s sole determination. Any video or photograph deemed to be of insufficient quality by the City of Colton shall require the selected vendor to re- video and/or re -photograph tank and appurtenances, which may include railings, beams, columns, rafters, hatches, and any other structure within the water storage unit(s) at no additional costs.

The inspector shall be prepared to take samples to document conditions of site i.e., sediment, coating blisters, etc., as needed. Any major concerns discovered during the course of the inspection shall be reported immediately to the operations manager to determine the best course of action.

I. INSPECTION REPORTS
The selected vendor shall supply a comprehensive inspection report within 30- days of completing all tanks listed on the inspection/cleaning cycle. Reports shall consist of a composite report and evaluation summary with ratings in a suitable format i.e., Mi crosoft Word, Excel, PDF, etc., and one ( 1) digital copy of all documents in electronic format, such as a thumb drive or CD. Digital photographs shall be in JPEG format. The comprehensive report shall include:
• A coversheet referring tank site name, location/asset code, inspection date, and Inspector’s name and contact information.
• High-resolution digital still color photographs with imprinted date. • Comprehensive observation notes & comments corresponding to each photograph.
• Summary of tank conditions and recommendations per tank site. • A one-page evaluation summary for all tanks inspected with ratings of 1 thru 10 on interior/exterior coatings and steel quality as well as highlighting major concerns.
• Ultrasonic thickness readings of the Floor (Minimum of 20 readings)

At the end of the inspection cycle period, the vendor shall review the outcome of inspections with City of Colton personnel to discuss inspection reports, recommendations, and identify/plan for improvements or repairs.

J. REPAIR AND OTHER SERVICES
The City of Colton water Department may request small repairs be completed by the vendor when immediate need is required, therefore, the diver and contractor must have Errors and Omissions insurance in the amount of $2,000,000. When performing Epoxy Based Repairs, all AWWA D102 -21 requirement shall be followed, it shall be at City of Colton discretion to award separate purchase orders for repairs and may issue repair work to other vendors meeting the minimum business license and experience requirements stated in this RFP.

K. SAFETY REQUIREMENTS
Company shall follow all Federal, State, Local, City of Colton and any other re gulatory agency’s requirements governing over the service to ensure work is completed within

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Packet Pg. 180
Attachment: RFP Reservoir Diving 08242023 (4243 : Contract Award - Blue Locker Diving, LLC.) 6 guidelines, including but not limited to: Government Code Section 170, California Code of Regulations Group 26, Articles 153- 153, Sections 6050- 6063, and applicabl e ANSI standards.

The selected vendor shall provide all PPE and equipment to complete work. Vendor shall have proper confined space entry permits and training. A copy of the vendor’s “Manual for Divers Safety” shall be submitted for review and made available on- site during diving operations.

Appropriate dive teams shall be established depending upon the amount of divers submerged as required by OSHA/Cal OSHA, ANSI/ ACDE, or per any other regulatory requirement not mentioned herein. Secondary external air supply to be available at all times. Appropriate inspections on dive equipment (external air tanks, gauges, voice communication, cameras, etc.) and dive suits to be conducted, prior to entering any tank.

Divers MUST have their ADCI cards on them as well as an up-to-date drivers licsense.

Vendor shall follow disinfection protocols for entry into potable water tanks. In addition, any other safety requirement not mentioned and customary and/or required per commercial diving industry shall be followed.

L. PROJECT CONSTRAINTS
Work shall be conducted during normal business hours of Monday through Thursday, from 7:00 A.M. to 4: 00 P.M. Work performed during off hours shall be pre -approved by the Operations Manager.

The sites are unmanned and require the vendor to contact the Water Utility Department at 909-370-6131, at minimum twenty-four (24) hours prior to arrival.

M. COMPANY REPRESENTATIVES
The vendor reserves the right to require a change in representatives if the assigned representative(s) is(are) not, in opinion of the City of Colton Water Department, adequately meeting the needs of the City of Colton Water Department.

The Vendor shall provide coverage when staffing changes occur. The vendor shall guarantee that all scheduled services described in the scope of work shall be provided on time and in full. Vendor shall provide adequate staffing to meet the requirements of the scope of work and shall ensure that the schedule of services provide d shall not lapse or have interruptions due to vendor staff scheduled vacations, sick days, family leave, etc.

N. QUALITY OF WORK, CLEANLINESS, APPEARANCE, AND DECORUM Company shall abide by the highest professional standards within the industry. All work

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Packet Pg. 181
Attachment: RFP Reservoir Diving 08242023 (4243 : Contract Award - Blue Locker Diving, LLC.) 7 and quality assurance shall be in accordance with current criteria and guidelines established by the City of Colton Water Department and regulatory agencies.

The Vendor shall, at all times, while providing services, keep the immediate and surrounding service clean and free of debris, trash, and other hazards that would impair operations of the City of Colton Water Department properties as determined by the City of Colton Water Department.

While performing Services, vendor personnel shall at all times present a professional appearance. Vendor personnel shall maintain the highest level of professional standards in attire, decorum, and interaction with the Public and City of Colton Water Depar tment personnel. Vendor shall ensure that all personnel providing services conduct themselves at all times in a professional manner that reflects well on The City of Colton Water Department. The City of Colton Water Department reserves the right to request removal of any vendor personnel deemed inappropriate for assignment to duty on the City of Colton Water Departments properties . In the event the City of Colton’s Water Department is dissatisfied with vendor personnel, vendor shall replace said personnel within one (1) day of receiving written or verbal notification of such from the City of Colton Water Department.

O. DELIVERABLES
Company shall provide the following within 30 -days of inspection & cleaning cycle completion:
• One (1) Copy of documents in digital format such as a thumb drive or CD.

Including reports, Pictures and Video with Divers narration.

P. TRAINING
Vendor shall, at the vendor’s expense, follow all federal, state, and local statutes and regulations related to training, including annual refresher courses, and supervisory courses.

Vendor shall have proper confined space entry permits and training. All personnel designated to dive teams shall have a certificate of first aid/CPR/AED/O² training. Vendor shall provide the City of Colton Water Department with copies of all applicable United States Department of Labor Occupational Safety and Health Administrat ion (OSHA) and/or other relevant federal or state agency training certificates, and other documentation, for all individuals who perform work under this agreement.

4. CONTENT OF THE PROPOSAL

Include the following items in the proposal:

A. Company Overview: Introduce the firm and provide a general description of your company’s qualifications and experience, with emphasis on previous public sector projects, record maintenance/tracking, and relationship with municipal staff, which are similar to the services listed above. List a maximum of five (5) projects (total) that your firm has performed for other public or private agencies in California, which

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Packet Pg. 182
Attachment: RFP Reservoir Diving 08242023 (4243 : Contract Award - Blue Locker Diving, LLC.) 8 demonstrate your firm’s ability to perform this work. List at minimum three (3) references that include potable water tank cleaning and inspection services were provided for a minimum of five years to other like agencies.

Please include an organizational chart, staffing plan, and resumes for all parties involved in the project.

B. Scope of Services: The proposal shall define your approach to provide services consistent with and incorporate elements outlined in Section 3. Scope of Work

C. Schedule: Provide your proposed schedule for completing the services.

Schedules should be realistic with an adequate work breakdown and milestones to show an understanding of the project.

Identify any potential concerns or problems that may be encountered in this project.

D. Costs: Provide - in a separate sealed envelope – the costs for the proposed project.

It should be based on all tasks and in the format identified in the scope of services.

Any additional cost items included must be distinguished from those listed in the Scope of Service.

E. Proposed Work Plan Documents: Proposer shall provide a copy of the following documents:

• Standards and Procedure Manual
• Safe Practices Manual
• Diver Logbooks
• Air Testing Reports
• Certificate of Training
• Tank Inspection Check-Off List
• Safety Check-Off List
• Sample Composite Report
• Ample Photograph
• Any other report or check-off list utilized during the cleaning and inspection of the service
• Work Plan Documents

F. Safety Record: Vendor’s CAL/OSHA Compliance History

G. Insurance Affidavit: Insurance Affidavit Form

All approved deliverable products shall become property of the City of Colton.

5. CONSULTANT SELECTION

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Packet Pg. 183
Attachment: RFP Reservoir Diving 08242023 (4243 : Contract Award - Blue Locker Diving, LLC.) 9 Criteria for the evaluation of the proposals may include, but are not limited to the following:

A. Projected Costs and Payment 20% of weighted score.

B. Responsiveness to the requirements, terms, and conditions of this Request for Proposal 10% of weighted score.

C. Competence, technical ability, specialized experience, and availability of key project members applicable to the needs of this project. Personnel shall have 5 -years of commercial diving experience, which includes potable water tank entry. Provide copies of certificate, including professional history such as resumes, skills, and relevant experience demonstrating a capable, working knowledge of performing the services requested in this R equest for Proposal. Consideration will be given to the firm’s diversity of relevant projects and breadth of experience. 40% of weighted score.

D. Quality of vendors related work experience and demonstrated supporting references. 10% of weighted score.

E. Demonstrated understanding of the City’s interests and goals for this project 10% of weighted score.

F. Ability and available resources to perform the requested services within the timeline identified within this Proposal 10% of weighted score.

The successful vendor will be required to execute the City of Colton standard form of Professional Services Agreement (example attached as Exhibit “A”). The successful vendor will be required to secure and provide their company’s Injury & Illness Prevention Program (IIPP) and Certificate of Insurance (including endorsements and waivers) within seven (7) calendar days of the City’s notice to proceed. Proposals should confirmation that your firm understands and accepts all the requirements on that agreement, including but not limited to the requirements regarding insurance, indemnity, and conflict of interest.

6. RIGHT TO REJECT ALL PROPOSALS

The City of Colton reserves the right to reject any or all proposals submitted. No guarantee is made hereby that any contract will be awarded pursuant to this Request for Proposals or otherwise. All costs incurred in the preparation of the proposals, in the submission of additional information, and/or in any other aspect of a proposal prior to the award of a written contract will be borne by the respondent. The City of Colton reserves the right to retain all proposals submitted and to use any ideas in a proposal, regardless of whether or not the proposal is selected.

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Release of RFP: August 24, 2023
Pre-Proposal Meeting and Project Site Tour: September 7, 2023, 9:00 AM (Attendance is Not Mandatory) City of Colton Water Department 160 South 10th Street Colton, CA 92324

Proposals Due: September 19, 2023, 2:00 PM

8. PROPSAL SUBMITTAL

Proposals must be for the entire scope of services outlined in this RFP. Incomplete proposals will not be considered. The proposer shall submit a package clearly marked on the outside as “ RFP- UNDERWATER INSPECTION TANK AND CLEANING SERVICES ” to the City wa ter Department Office. The package shall contain the following:

• Four (4) bound copies and one (1) electronic original on a USB drive • One (1) original and four (4) copies of the cost proposal in a separate sealed envelope clearly marked “Sealed Cost Proposal,” and
• A signed W-9

Proposals must be submitted to:

City of Colton Water Utility Department
Attn: RFP-UNDERWATER TANK AND CLEANING SERVICES
160 South 10
th Street
Colton, California 90324

The proposal shall be delivered to the above address on or before 2:00 P.M. on September 19, 2023.

Tank Name and Total Gallons. Diameter Height Days to
complete
Total Cost (Inspection and Cleaning)

1) Wild Canyon Tank-WST

2.0MG
105 32
2) 3.0MG La Loma WST 136 32
3) 3.0MG Montecito WST 132 32
4) Domecq 3.0MG WST 105 48

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WST

44 111/ 88 to
catwalk

6) Rialto 3.0 MG WST 114 40

7) Epoxy kits (if required)

Quantity - 12

Total - $

9. STAFF CONTACT

For inquiries, please contact Bassam Alzammar , Water/Wastewater Operations Manager at [email protected]

Attachments:

• Reservoir Location Map

• Standard City of Colton Maintenance Services Agreement

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LOCATION MAP

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CITY OF COLTON

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this ___ day of _______, 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 ____________________, a Corporation, with its principal place of business at 14200 SW Tualatin -Sherwood Rd, Sherwood, OR 97140 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

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

Contractor represents that it is experienced in providing and installing liquid bleach storage tanks and delivery of bulk liquid bleach to all City water and wastewater facilities where applicable to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City.

Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project; Colton Utility Authority.

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

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3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from _______ to ________, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Contractor.

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

Contractor retains the right to perform similar or different services fo r others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor ’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor 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. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor ’s conformance with the Schedule, City shall respond to Contractor ’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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

3.2.4 City’s Representative. The City hereby designates the Publi c Works * 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

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of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates _____________, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Represent ative 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.

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

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor ’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub- contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance and Liquidated Damages . Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time” ). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “ A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of Zero Dollars ($0.00) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement.

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3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.2.10 Laws and Regulations ; Employee/Labor Certifications . Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours' labor shall constitute a legal day's work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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

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

3.2.10.2 Employment Eligibility; Subcontractors, Sub-
subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub- subcontractors and consultants performing

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

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

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

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

3.2.10.7 Water Quality.

(A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); laws,

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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 Contractor or City to penalties, fines, or additional regulatory requirements. Contractor 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 Contractor’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, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance.

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

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

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

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer ’s Liability : Workers ’ Compensation insurance as

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required by the State of California and Employer ’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance . Contractor shall maintain limits no less than: (1) General Liability : $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contr actor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement.

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

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3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect t o the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, it s directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor ’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insura nce proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer ’s Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Covera ges. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

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

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

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

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

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

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. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisf actory 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 endorseme nts 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. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.

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

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3.2.13 Bonds.

3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not -to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not -to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.3 Bond Provisions. Should, in City’ s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at leas t thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California -admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

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

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3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, i ncluding 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 T otal Annual Compensation shall not exceed ______________. ($_________) without written approval of City’s City Manager. 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 . Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor.

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

3.3.3 Reimbursement for Expenses. Contractor 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 Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “ public works ” and “maintenance” projects. If the Services are being performed as part of an applicable “ public works ” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor 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 Contractor ’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be

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compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor 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 Contractor to provide all finished or unfinished Document s and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor 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 General Provisions.

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

Contractor:
__________________________

Attn:

City:

City of Colton
650 North La Cadena Drive
Colton, California 92324
Attn: Brian Dickinson, Public Works and Utilities Director Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor 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 Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project

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or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys ’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractor'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 Contractor.

3.5.2.2 Additional Indemnity Obligations . Contractor shall defend, with Counsel of City's choosing and at Contractor’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.2.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents.

Contractor 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. Contractor shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as pa rt of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City ’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its directors, officials, officers, employees, agent s, 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. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

3.5.3 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, disput ed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon t he 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 Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

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

3.5.5 City’s Right to Employ Other Contractors . City reserves right to employ other contractors in connection with this Project.

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

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

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such attempted assignment, hypothecation or transfer. To the extent that this Agreement is deemed to be a "material cont ract" under the CUA Management Agreement, Contractor 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, Contractor 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.

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

All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and e ase of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

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

3.5.10 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 P arty shall give the other Party any contractual rights by custom, estoppel or otherwise.

3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.12 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.

3.5.13 Prohibited Interests . Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor war rants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the awar d or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City ’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct int erest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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3.5.14 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.

3.5.15 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.

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

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

3.5.18 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 MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND NORTHSTAR CHEMICAL, INC., DBA PACIFIC STAR CHEMICAL

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 15th day of August 2023

CITY OF COLTON

By: _________________________
William R. Smith
City Manager

Attest: _________________________
Stephanie Vargas
Deputy City Clerk

Recommended for Approval:

_________________________
Executive Director
Colton Utility Authority

XXXXXXXXXXX

By: _________________________
Signature

_________________________
Name (Print)

_________________________
Title (Print

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ITEM NO. 8

STAFF REPORT

DATE: OCTOBER 17, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE CHANGE ORDER NO. 1 FOR MATICH CORPORATION FOR THE FY 22/23 ASPHALT PAVING PROJECT IN THE AMOUNT
OF $283,534.13, RESOLUTION NO. R-90-23.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve Change Order No. 1 (Exhibit A) for Matich Cor poration contract for the FY 22/23 Asphalt Paving Project to include paving of south bound La Cadena Drive north of Litton Avenue and F Street from Mt. Vernon Avenue to La Cadena Drive in the amount of $283,534.13, and authorize the City Manager to execute Change Order No. 1.

2. Approve Resolution R-90-23 (Exhibit B) to amend Fiscal Year 2023/2024 Capital Improvement Budget.

BACKGROUND

FY 22-23 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 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

6. RV Center Drive - Washington Street to Milano Way
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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 share 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

City of Colton Water Division installed a 16” diameter waterline along F Street from Mt. Vernon Ave. to La Cadena Drive. The scope of the waterline project for trench repair is to restore and pave 12 feet wide asphalt. The full width of F Street is 48 feet. Since F Street pavement is already showing deterioration, staff recommend s paving the full width of F Street instead of the regular trench repair. The cost of full width (48 feet wide) repair is $222,687.93 while the trench repair cost (12 feet wide) is $99,000. The cost of the full width paving will be split between Water Division capital improvement account and Public Works/Engineering Host City Fee account.

South La Cadena Sidewalk Improvement from Litton Ave nue to south of Tropic a Rancho Avenue was completed on September 22, 2023. The asphalt pavement rehabilitation at this location (south bound only) was deferred until the completion of the sidewalk project. This section is the only remaining portion along South La Cadena Drive that needs pavement rehabilitation. The cost to repave the southbound section of south La Cadena at this location is $60,846.20, northbound section was paved in last year’s paving project.

On July 18, 2023, the City awarded the contract for FY 22/ 23 Asphalt Paving Project to Matich Corporation in the amount of $ 2,503,137. Since Matich Corporation is currently working on the FY 22/23 Paving Project and the quantity of asphalt for this project is large, staff recommends that the paving of F Street from Mt. Vernon Ave. to La Cadena Drive and the paving of southbound La Cadena Drive from Litton Avenue to south of Tropica Rancho Avenue be added 8 Packet Pg. 206
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as Change Order No. 1 to this project in the amount of $283,534.13 (11.33% of original contract amount). Staff wanted to take advantage of lower unit cost due to large quantity of asphalt for this project. Smaller paving projects tend to have higher unit cost compared with much larger paving projects. The current CDBG funded project asphalt unit cost is $155/ton (conventional asphalt) while Matich Corporation average unit cost is $130/ton (rubberized asphalt).

Rubberized asphalt usually cost s $10/ton extra than conventional asphalt. The new contract amount for Matich Corporation after Change Order No. 1 is $2,786,671.13.

FISCAL IMPACTS

The total amount of Change Order No. 1 is $283,534.13. Approval of Resolution No. R -90-23 will appropriate from fund balance in the Host City Fee Fund to provide the necessary funding in expenditure account no. 240-2461-6150-3890-0000-000. Below is the funding breakdown for the South La Cadena Drive and F Street Paving Project for $297,710. The funding allocation for this project includes 5% contingencies.

Project Description Account No.

Total Funding
including 5%
Contingencies
Change Order
No. 1 Funding
Host City Fee (R-90-23) 240-2461-6150-3890 $180,799.00 $172,190.17 F Street Waterline
Replacement 521-8100-8106-3890 $116,911.00 $111,343.96 Total $297,710.00 $283,534.14

ENVIRONMENTAL IMPACTS

FY 22-23 Asphalt Paving Project is categorically exempt project under California Environmental Quality Act (CEQA) Guidelines Section 15301(c) - Existing highways and streets. A Notice of Exemption for this project was filed on June 20, 2023.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - Change Order No. 1

2. Exhibit B - Resolution R-90-23
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1 of 1
DATE:

FROM: Victor P. Ortiz, P.E., City Engineer
TO:

INSTRUCTIONS TO THE CONTRACTOR AT THE REQUEST OF THE CITY ENGINEER:

These modifications will add South La Cadena Dr. (Litton to So. Of Tropica Rancho) and F Street (Mt. Vernon to La Cadena) to the project.

I. INCREASED QUANTITY
Item No. Description of Work Quantity Unit Unit Cost Total Cost A. F Street
1 136221 SF 0.33$ = 44,952.93$
2 1235 Tons 130.00$ = 160,550.00$
3 5 Ea. 970.00$ = 4,850.00$
4 3 Ea. 1,360.00$ = 4,080.00$
5 3 Ea. 125.00$ = 375.00$
6 4 Ea. 420.00$ = 1,680.00$
7 1 LS 6,200.00$ = 6,200.00$
SUBTOTAL = 222,687.93$
B. La Cadena Drive
1 18590 SF 0.68$ = 12,641.20$
2 225 Tons 148.00$ = 33,300.00$
3 6 Ea. 810.00$ = 4,860.00$
4 2 Ea. 1,360.00$ = 2,720.00$
5 1 Ea. 125.00$ = 125.00$
6 1 LS 7,200.00$ = 7,200.00$
SUBTOTAL = 60,846.20$
TOTAL = 283,534.13$
II. DECREASED QUANTITY
Item No. Description of Work Quantity Unit Unit Cost Total Cost SUB-TOTAL = -$
TOTAL AMOUNT OF CHANGE ORDER #1 = 283,534.13$
III. CONTRACT AMOUNT RECONCILLATION
ORIGINAL AMOUNT OF CONTRACT = 2,503,137.00$
CHANGE ORDER NO.1 = 283,534.13$
TOTAL COST OF CONTRACT AS PER CHANGE ORDER NO. 1 = 2,786,671.13$

CITY OF COLTON
September 25, 2023
CONTRACT CHANGE ORDER NO. 1
Centerline Ties
The amount of the contract will be increased by the sum of $283,534.13.and the contract time shall be extended by 0 calendar days. The undersigned Contractor approves the foregoing Change Order # 1 as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order # 1. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner.

1.5" Grind

PUBLIC WORKS DEPARTMENT- ENGINEERING DIVISION
Matich Corporation
P.O. Box 10, Highland, CA 92346
Rubberized Asphalt
Traffic Loops
Adjust Manhole to Grade
Adjust Valve to Grade
William R. Smith, City Manager DATE Matich Corporation DATE
Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in Contract, law or equity, arising out of or related to the subject of the change order, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages.

Brian Dickinson, Public Works/Utilities Director DATE
Striping and Markings
FY 22/23 Asphalt Paving Project
Striping and Markings
2" Grind
Rubberized Asphalt
Traffic Loops
Adjust Manhole to Grade
Adjust Valve to Grade

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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-90-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
AMENDING THE FISCAL YEAR 202 3/2024 CAPITAL IMPROVEMENT BUDGET

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

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

WHEREAS, the HCF Fund accounts for monies received and expended from the County of San Bernardino for the Waste Disposal Agreement (WDA); and can be used for the Street Improvement Project; and,

WHEREAS, the Host City Fee can be used to fund street improvement and rehabilitation projects such as asphalt paving/rehabilitation for South La Cadena Drive and F Street; and,

WHEREAS, the City of Colton wants to amend the Fiscal Year 202 3-2024 Capital Improvement Budget for the FY 22-23 Asphalt Paving Project incorporating and providing funds for asphalt paving for South La Cadena Drive and F Street; and,

WHEREAS, a budget appropriation not listed in the Fiscal Year 202 3/2024 budget is required and must be approved by resolution of the City Council.

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

Section 1 The above recitals are true and correct.

Section 2 The City Council authorizes the following amendment for the Fiscal Year 2023/2024 budget:

 Appropriate $180,799.00 from reserve balance in Host City Fee Fund to capital improvement account number 240-2461-6150-3890-0000-000 for the South La Cadena Drive and F Street Paving Project.

PASSED, APPROVED AND ADOPTED THIS 17th DAY OF OCTOBER 2023.

__________________________
FRANK J. NAVARRO
Mayor

ATTEST:

__________________________________

STEPHANIE VARGAS
Deputy City Clerk

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ITEM NO. 9

STAFF REPORT

DATE: OCTOBER 17, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TIM HEUSTERBERG, ACTING CHIEF OF POLICE
SUBJECT: APPROVE AND ADOPT RESOLUTION TO ACCEPT A GRANT IN THE AMOUNT OF $185,000 FROM THE OFFICE OF TRAFFIC

SAFETY (OTS) WITH IT'S ACCOMPANYING MOU AND AMEND
THE FISCAL YEAR 2023-2024 BUDGET, RESOLUTION NO. R-91-

23. RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve and adopt Resolution NO. R-91-23 authorizing the acceptance of the 2023/2024 Office of Traffic Safety (OTS) Grant award, and authorize the City Manager to execute any documents.

BACKGROUND

The Office of Traffic Safety (OTS), is California’s lead traffic safety organization. Located in the California State Transportation Agency, OTS is tasked with developing and implementing a highway safety program that addresses and impacts safety on the road. The goal of the annual program is to prevent serious injury and death resulting from motor vehicle crashes, so that all roadway users arrive at their destinations safely. Using federal highway safety programs funds, it is the mission of OTS to provide funding for traffic programs to help reduce the number of deaths, injuries and economic losses resulting from traffic related collisions. The Colton Police Department received notification that it has been awarded $185,000 from an OTS grant for FY 2023/24. This grant requires no matching funds.

ISSUES/ANALYSIS

The City has experienced multiple traffic -related injury collisions throughout the years. The amount of DUI and speed related enforcement conducted is inversely proportional to the 9 Packet Pg. 210
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numbers of crimes and calls for service officers must handle. The City of Colton has an abundance of establishments where alcohol is served or sold and the number of DUI drivers has not diminished. In addition, speed -related issues are amongst the majority of complaints received from the community.

The OTS grant provides $169,400 for traffic enforcement programs. These programs include:

DUI checkpoints, DUI saturation patrols, distracted driving enforcement operations, night time “Click it or Ticket” programs, pedestrian safety enforcement operations, and motorcycle safety, street racing and sideshow enforcement and collaborative enforcement.

The OTS grant has also provided for training and educational materials, as well as equipment, to assist officers in increasing traffic safety and reducing alcohol related traffic incidents. The continuing enforcement details spread out over the grant period, and making use of the related equipment, will serve to increase traffic safety in the City of Colton.

Additionally, the OTS grant will provide $9,000 for two (2) portable light towers, $4,500 for DUI checkpoint supplies, and $2,100 In-State travel expenses.

FISCAL IMPACTS

Approval of the Resolution R-91-23 will:

1. Amend FY 2023/24 Budget to increase revenues in Misc. Grant Fu nd Revenue Account #225-5891-024 by $185,000

2. Amend the FY 2023/24 Budget to increase appropriations in the Misc. Grant Expenditure Funds in the following:
a. Overtime Expenditure Account #225-6070-6071-1050-0000-024 for $169,400 for overtime.
b. Education & Training Expenditure Acco unt #225 -6070-6071-1160-0000-024 in the amount of $2,100 for In-State training and travel expenses. c. Safety Equipment Expenditure Acco unt #225-6070-6071-1180-0000-0244 in the amount of $4,500 for checkpoint supplies.
d. Miscellaneous Equipment Expendi ture Account #225 -6070-6071-2301-0000-024 in the amount of $9,000 for two (2) portable light towers.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. UPDATED Tentative Draft Grant Agreement - PT24047 Colton PD

2. Resolution OTS 23-24
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State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT24047

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
Colton From:

To:
10/01/2023
09/30/2024 4. AGENCY UNIT TO ADMINISTER GRANT
Colton Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $185,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Gregory Castillo

Lieutenant

[email protected]

(909) 370-5000

650 N La Cadena Drive
Colton, CA 92324
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Bill Smith

City Manager

[email protected]

(909) 370-5051

650 N. La Cadena Drive
Colton, CA 92324

(Signature) (Date) (Signature) (Date)

C. FISCAL OFFICIAL

D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Stacey Dabbs

Finance Director

[email protected]

(909) 370-5039

650 N. La Cadena Drive
Colton, CA 92324
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney

Director

[email protected]

(916) 509-3030

2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

(Signature) (Date) (Signature) (Date)

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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES
164AL-24.1 20.608 0521-0890-101 2022 43/22 BA/22 $40,800.00 402PT-24.1 20.600 0521-0890-101 2022 43/22 BA/22 $22,100.00 164AL-24 20.608 0521-0890-101 2023 12/23 BA/23 $79,200.00 402PT-24 20.600 0521-0890-101 2023 12/23 BA/23 $42,900.00

AGREEMENT
TOTAL $185,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$185,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $185,000.00

E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu

SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

DTDWM2FKR5L8

657 N La Cadena Dr
Colton
92324-2822
ADDRESS: 2208 Kausen Drive, Suite 300

Elk Grove, CA 95758

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT24047

1. PROBLEM STATEMENT
The City of Colton, located in San Bernardino County, consists of an area of 16.03 square miles and has a population of 54,285 according to the 2021 Census. Currently, the Colton Police Department has fifty-three (53) sworn police officers; however, the department is budgeted for fifty-seven (57) police officers. Trying to hire qualified candidates is becoming increasingly difficult as other neighboring agencies are also suffering from manpower shortages, and all agencies are hiring from the same pool of candidates. This shortage of officers has created constant staffing and shift shortages, which require current personnel to increase their reactive enforcement. Due to the reduction in force, officers are left with little time for proactive traffic-related enforcement. Additionally, officers spend a majority of their time on duty responding to in-progress calls for service.

Between 2020 and 2022, there have been approximately 715 fatality/injury traffic crashes with approximately 996 victims who reported injury. This includes fatal traffic crashes, injury traffic crashes, hit and run traffic crashes involving injury, and traffic crashes involving a driver who was under the influence of alcohol and/or drugs. This number, however, does not include traffic crashes which involved property damage only or crashes where both parties agree to exchange information and did not desire police assistance. If property damage only traffic crashes were included in the total number of crashes between the last three years, these numbers would grow significantly.

During the same time period, there were a total of fourteen (14) fatality traffic crashes with a total of fifteen (15) victims. In 2020, there were a total of 210 injury/fatal traffic crashes. In 2021, there were a total of 222 injury/fatal traffic crashes. In 2022, there were a total of 283 injury/fatal traffic crashes. From 2020 to 2022, there is a 34% increase in total injury traffic crashes.

The amount of DUI and speed related enforcement conducted by patrol officers does not amount to what is necessary to lower our overall crashes, specifically targeting drivers who are under the influence and drivers who are speeding. The following is a breakdown of primary crash factors for 2021 in the City of Colton.

Driving under the influence was the primary crash factor in thirty-nine (39) traffic crashes. Our highest primary crash factor for 2021 was unsafe speed (38%), followed by automobile right of way, (12%), and third, improper turning movements (11%). With the increased number of injury traffic crashes and fatality traffic crashes, the Colton Police Department would like to help the citizens in Colton and decrease the total number of all traffic crashes in the City. The citizens of Colton are directly impacted by each traffic crash.

Some of the citizens are impacted due to family or friends being involved in the crashes. Other citizens are impacted by travel delays due to road or lane closures. Whatever the reason the impact has caused, our goal at the Colton Police Department is to significantly reduce the number of traffic crashes.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

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15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
10 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 2 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 2 6. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
6 7. Conduct DUI Saturation Patrol operation(s). 25

8. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
13 9. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
8 10. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 8 11. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 8 12. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 13. Participate in highly visible collaborative DUI Enforcement operations. 3

14. Participate in highly visible collaborative Traffic Enforcement operations. 1

15. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
1 16. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
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3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements

The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
 Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.

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 Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
 Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT24047

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
164AL-24 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$120,000.00
402PT-24 20.600 State and Community Highway
Safety
$65,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS

Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-24 $10,000.00 6 $60,000.00
DUI Saturation Patrols 164AL-24 $1,500.00 25 $37,500.00 Collaborative DUI Enforcement 164AL-24 $3,000.00 3 $9,000.00 Traffic Enforcement 402PT-24 $1,500.00 13 $19,500.00
Distracted Driving 402PT-24 $1,500.00 8 $12,000.00
Motorcycle Safety 402PT-24 $1,500.00 8 $12,000.00
Pedestrian and Bicycle Enforcement 402PT-24 $1,500.00 8 $12,000.00 Traffic Safety Education 402PT-24 $700.00 2 $1,400.00
Street Racing and Sideshow Enforcement
Operations
402PT-24 $3,000.00 1 $3,000.00
Collaborative Traffic Enforcement 402PT-24 $3,000.00 1 $3,000.00 Category Sub-Total $169,400.00
B. TRAVEL EXPENSES
In State Travel 402PT-24 $2,100.00 1 $2,100.00
$0.00
Category Sub-Total $2,100.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
Portable Light Tower 164AL-24 $4,500.00 2 $9,000.00
DUI Checkpoint Supplies 164AL-24 $4,500.00 1 $4,500.00
Category Sub-Total $13,500.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $185,000.00

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT24047

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.

Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the California Traffic Safety Summit and the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
Portable Light Tower - High intensity light on a telescoping shaft and stabilized platform to illuminate a wide area for greater visibility during night time operations. Costs may include a generator and accessories. Each item must have a unit cost of less than $5,000 (including tax and shipping).

DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

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Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT24047

Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58)

The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:

 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:

 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally- funded or not);
 Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
 Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).

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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES

In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:

“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”

The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with resp ect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

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By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. Y ou also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, comple te, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Sa fety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub -recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

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2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contra ct, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)

None of the funds under this program will be used for any activity specifically designed to urge or influence a State or loca l legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective part icipant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or

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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS —

PRIMARY TIER COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred , or

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8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)

The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will in crease the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretar y of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS

No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any suc h subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

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DISCLOSURE REQUIREMENTS

No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the int erests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving comp any- owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

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RESOLUTION NO. R-91-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON ACCEPTING A GRANT IN THE AMOUNT OF $ 185,000.00 FROM THE

OFFICE OF TRAFFIC SAFETY (OTS) WITH ITS ACCOMPANYING
MOU AND AMEND THE FISCAL YEAR 2023-2024 BUDGET

WHEREAS, The Budget for the City of Colton for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024 was approved and adopted; and

WHEREAS, The approved budget is in accordance with all applicable ordinances of the City of Colton and all applicable statutes of the State; and

WHEREAS, On September 21, 2023 the Office of Traffic Safety (OTS) Grant was awarded to the Colton Police Department in the amount of $185,000.00; and

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

Section 1. Approval of Resolution R-91-23 will:

1. Amend FY 2023 -24 Budget to increase revenues in Misc. Grant Fund Revenue Account #225-5891-024 by $185,000.00.

2. Amend the FY 2023 -24 Budget to increase appropriations in the following Misc. Grant Fund Expenditure Accounts:
a. Salaries – Overtime #225-6070-6071-1050-0000-024 for $169,400.00 for overtime.
b. Education & Training #225-6070-6071-1160-0000-024 for $2,100.00 for In-State travel expenses.
c. Safety Equipment #225-6070-6071-1180-0000-024 for $4,500.00 f or DUI Check point supplies.
d. Operating Suppl./Equip. #225 -6070-6071-2301-0000-024 for $9,000.00 for two (2) portable light towers.

Section 2. The resolution is hereby approved, adopted and incorporated herein.

PASSED, APPROVED AND ADOPTED this 17th day of October, 2023.

Frank Navarro, MAYOR
ATTEST:

_________________
Stephanie Vargas, Deputy City Clerk

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ITEM NO. 10

STAFF REPORT

DATE: OCTOBER 17, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE TRAINING EXPENSES FOR WATER AND
WASTEWATER UTILITY STAFF, RESOLUTION R-96-23.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve an increase to the individual training/travel expense limits for the following classifications in the Water and Wastewater Utilities Department for FY2023-24:

• Water/Wastewater Operations Manager, Mid-Management - $4,000 • Wastewater Operations Supervisor, Mid-Management - $3,000 • Wastewater Treatment Plant Mechanic II – Non-Management - $3,000 • Senior Water Conservation Specialist, Non-management - $5,500

BACKGROUND

On February 3, 2022 , Administrative Policy 2.05.050, Travel and Expense Reimbursement policy was amended. Among other provisions, t he policy set s limits for travel-related expenses for staff members in the Non -management and Mid -Management Units at $750 and $1,500 respectively per fiscal year. The policy requires City Council approval for expenditures in excess of these amounts. Each year as part of the budget process, departments request approval for expenditures in excess of these amounts. During the FY 23/24 budget process some positions were not included and are currently exceeding the approved policy limits.

ISSUES/ANALYSIS

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Colton City CouncilOctober 17, 2023

Colton City Council
October 17, 2023