Agenda packet — Colton City Council, June 21, 2022 (part 1 of 4)

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
Ernest R. Cisneros - District 2
Kenneth J. Koperski - District 3
Dr. Luis S. Gonzalez - District 4
John R. Echevarria - District 5
Isaac T. Suchil - District 6

City Treasurer Aurelio De La Torre

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

AGENDA

CITY COUNCIL,

COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,

COLTON HOUSING AUTHORITY

REGULAR MEETING
TUESDAY, JUNE 21, 2022 – 5:00 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; 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.

2 A. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION (Government Code section 54956.9(d)(2))
One (1) Potential Case
B. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representatives: Tom Cody, Human Resources Director Employee Groups: International Brotherhood of Electric Workers, Local 47 - Electric Division C. CLOSED SESSION - CM EVALUATION
Public Employee Performance Evaluation
Title: City Manager

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 Ruben Cimental- Sovereign Grace Impact Ministries

FLAG SALUTE

ROLL CALL

CEREMONIAL MATTERS
Presentations, Awards, Proclamations
 ARPA Funding - County Supervisor Joe Baca Jr.
 Business Focus - Frank's Market & Liquor
 Proclamation - Parks and Recreation Month
 New Officer Introduction - Officer Lorenzo Morgan, Officer Ismael Gonzalez, and Officer David Perez

3 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 meet ing or as a separate writing filed with the city. (CMC Section 2.04.030) AB 1234 ORAL REPORTS
Members of the city council shall provide brief reports on meetings attended at the expense of the city. (GC Section 53232.3(d))

APPOINTMENTS

MAYOR AND COUNCIL DISCUSSION ITEMS

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

ADOPT A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA APPROVING THE ANNUAL ENGINEER’S REPORT FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2022/2023, & APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COLTON, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2022/2023, RESOLUTION NO. R-73-22 & R-74-22.
[Staff Person: Brian Dickinson]
Mayor announces the Public Hearing Open.

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

Staff Presentation.

Public Comment.

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

MOTION __________ SECOND __________

4 (2) Public Hearing - LLMD #2 - TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO APPROVE AND

ADOPT A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA APPROVING THE ANNUAL ENGINEER’S REPORT FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 2 FOR FISCAL YEAR 2022/2023 & APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL OF

COLTON, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 2 FOR FISCAL YEAR 2022/2023, RESOLUTION NO. R-70-22 & R-71-22.
[Staff Person: Brian Dickinson]
Mayor announces the Public Hearing Open.

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

Staff Presentation.

Public Comment.

After hearing public comment, on motion by Coun cilmember __________, seconded by Councilmember _________, the Public Hearing is terminated.

MOTION __________ SECOND __________

(3) Public Hearing - Storm water Management Fee - TIME AND PLACE TO CONSIDER A PUBLIC HEARING TO

APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA

PROVIDING THE BASIC FEE FOR STORM WATER SERVICES AND THE STORM WATER MANAGEMENT USER FEE FOR FISCAL YEAR 2022/2023 AS PROVIDED FOR IN CHAPTER 14.01 OF THE COLTON MUNICIPAL CODE, RESOLUTION NO. R-72-22.
[Staff Person: Brian Dickinson]
Mayor announces the Public Hearing Open.

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

Staff Presentation.

Public Comment.

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

MOTION __________ SECOND __________

BUSINESS ITEMS
There are no business items.

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

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

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

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

(4) Minutes - Approval of Minutes for the City Council Regular Meeting Held on June 7, 2022, on file in the Office of the City Clerk.
[Staff Person: Carolina Padilla]
(5) Warrants - Approve voucher numbers 199293 to 199436 dated 05/26/2022 and totaling $2,224,569.07; voucher numbers 199437 to 199484 dated 06/02/2022 and totaling $309,724.23; a payroll disbursement listing dated 04/16/2022 to 04/29/2022 and totaling $938,442.55 and a payroll disbursement listing dated 04/30/2022 to 05/13/2022 and totaling $885,730.34.
[Staff Person: Stacey Dabbs]
(6) Agreement - 2022-2023 City Insurance Program - PERMA - Approve Joining the Public Entity Risk Management Authority (PERMA) for the 2022-2023 City Insurance Program, RESOLUTIONS R-77-22, R-78- 22, R-79-22, R-80-22, R-84-22.
[Staff Person: Tom Cody]
(7) Agreement - San Bernardino County - Approve and Adopt a Resolution Amending Fiscal Year 2022-2023 Budget to Receive American Rescue Plan Act (ARPA) Funds from County of San Bernardino for Colton Bike Path and Elizabeth Davis Park Improvements, RESOLUTION R-85-22. [Staff Person: Deb Farrar]
(8) Biennial Review - Conflict of Interest Code - Direct Biennial Review of the City's Conflict of Interest Code. [Staff Person: Carolina Padilla]
(9) Calling the General Municipal Election for November 8, 2022 - Calling and Giving Notice of a General Municipal Election to be Held on Tuesday, November 8, 2022; Requesting the County of San Bernardino to Render Specified Services; and Adopting Regulations for Candidates for Elective Office, RESOLUTION NO. R - 64-22 and Approve and Adopt a Resolution Adopting Regulations for Candidates for Elective Office Pertaining to Candidate's Statements, RESOLUTION NO. R-65-22, Submitted to the Voters at an Election to be Held on Tuesday, November 8, 2022, RESOLUTION NO. R-64-22 & R-65-22. [Staff Person: Carolina Padilla]
(10) Contract Award - United Paving Company - Approve Contract Award to United Paving Company for the Fiscal Year 2021-2022 Alley Rehab Project, RESOLUTION NO. R-86-22. [Staff Person: Brian Dickinson]

6 (11) Contract Award - Three Peaks Corp - Approve Contract Award to Three Peaks Corp for the Downtown Paseo Improvement Project.
[Staff Person: Brian Dickinson]
(12) Contract Award - CMY Solutions - Approve Contract Award to CMY Solutions for Electric Utility Engineering Consulting Services.
[Staff Person: Brian Dickinson]
(13) Contract Amendment - Krieger & Stewart - Approve Second Amendment to the Contract with Krieger & Stewart for the Well 31 Project.
[Staff Person: Brian Dickinson]
(14) Contract Amendment - Lee & Ro Inc. - Approve First Amendment to the Professional Services Agreement with Lee & Ro, Inc. for Design Services for the Wastewater Treatment Plant Upgrade & Expansion Project. [Staff Person: Brian Dickinson]
(15) Contract Amendment - IDC Consulting Engineers, Inc. - Approve Change Order No. 2 for Professional Services Contract with IDC Consulting Engineers, Inc. for $16,271 for Bridge #54C-0100 - Mt. Vernon Ave.

Bridge over Santa Ana River Seismic Retrofit Project.
[Staff Person: Brian Dickinson]
(16) Contract Award - GK & Associates - Approve the Award of Contract to GK & Associates for Engineering Design Support, Project Management, and Inspection Services for Fiscal Year 2022/23. [Staff Person: Brian Dickinson]
(17) Contract Award - Fire Apparatus Solutions - Approve Contract Award to Fire Apparatus Solutions for Vehicle Services Maintenance.
[Staff Person: Tim McHargue]
(18) Chamber of Commerce Agreement - Fiscal Year 2022-2023 - Approve Contractual Services Agreement with the Colton Chamber of Commerce for Fiscal Year 2022 - 2023. [Staff Person: Arthur Morgan]
(19) DBE Participation Level - Federal Fiscal Year 2022/2023 - Approve Resolution Authorizing the Annual Anticipated DBE Participation Level (AADPL) for Federal Fiscal Year 2022/2023, RESOLUTION NO. R-76-22. [Staff Person: Brian Dickinson]
(20) Emergency Update - M Street Line Repair - Approve Emergency Update & Continuance - M Street Line Repair.
[Staff Person: Brian Dickinson]
(21) Levy Order - Assessments For Improvement District "A" (James Sullivan) - Approve Resolution R-81-22, Ordering the Levy for Assessments for Improvement District "A" (James Sullivan Mutual Water Company), RESOLUTION NO. R-81-22.
[Staff Person: Brian Dickinson]
(22) MOU - County Department of Behavioral Health - Approval to Execute a MOU Agreement Between the City of Colton and San Bernardino County Department of Behavioral Health. [Staff Person: Hank Dominguez]
(23) Purchase - Rockwell Engineering - Approve Sole Source Purchase of One Submersible Vaughn Chopper Pump from Rockwell Engineering.
[Staff Person: Brian Dickinson]
(24) Salary Table Adjustment - FY 2022-2023 - Approve the Job Description and Adopt Changes to the FY2021- 22 Salary Table for Full Time Classification of Assistant Planner. [Staff Person: Tom Cody]

7 (25) School Resource Officer (SRO) Agreement - CJUSD FY22/23 - Approve City Manager Authority to Renew the Agreement to Provide two (2) School Resource Officers (SRO) to the Colton Joint Unified School District (CJUSD).
[Staff Person: Hank Dominguez]
(26) Second Reading of Ordinance No. O-09-22 - Waive Full Reading, and Approve Second Reading of An Ordinance of the City Council of the City of Colton, To Amend Section 18.06.020 (Official Zoning Map) To Add Residential Overlay (R-O) To An Existing M-1 (Light Industrial) Zone On Property Located At 300 West Congress Street (APN 0163-272-01) In The City Of Colton And Measuring Approximately .27 Acres In Area (File Index No. Dap-001-722), ORDINANCE NO. O-09-22.
[Staff Person: Carolina Padilla]
(27) WDA Amendment - County of San Bernardino - Approve and Adopt a Resolution to Approve Amendment No. 8 of the Waste Disposal Agreement (WDA) with the County of San Bernardino, RESOLUTION NO. R-75-

22. [Staff Person: Brian Dickinson]

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

CITY MANAGER'S REPORTS

ADJOURNMENT

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

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

PROCEDURES FOR ADDRESSING CITY COUNCIL

For the Official Record, it is requested that you obtain a card from the City Cle rk 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 th e Rules of Decorum. Speakers will be limited to the time periods provided on the Agenda; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.

RULES OF DECORUM

To help conduct the business of the 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 rul es 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 t he 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.

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 C ouncil 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.

9 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 tho se 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 t o Resolution No. R -150-07; Amended by Minute Action on December 2, 2014 and adopted by Resolution No. R -03-15 on January 20, 2015. Copies are available in the Office of the City Clerk.

ITEM NO. 1

STAFF REPORT

DATE: JUNE 21, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO

APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL

OF COLTON, CALIFORNIA APPROVING THE ANNUAL
ENGINEER’S REPORT FOR THE COLTON LANDSCAPE AND
LIGHTING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR
2022/2023, & APPROVE AND ADOPT A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA,

ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS

FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE
ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2022/2023,
RESOLUTION NO. R-73-22 & R-74-22.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

It is recommended that the City Council conduct a public hearing and approve and adopt the following resolutions for the Landscape Lighting and Maintenance District N o. 1 for Fiscal Year 2022/2023.

1. Resolution No. R-73-22, approving the final Engineer’s Report; and

2. Resolution No. R-74-22, approving and ordering of the levy and collection of assessments for Fiscal Year 2022/2023.

BACKGROUND

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Staff Report to the Mayor and City Council
Public Hearing - LLMD #1
June 21, 2022

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In compliance with the Landscape and Lighting Ac t of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, the City Council formed a Landscape and Lighting Maintenance Assessment District (LLMD). Currently, there are two Landscape Lighting and Maintenance Districts within the City of Colton. Each District maintains lighting, landscaping and other applicable facilities within its boundaries.

Within the LLMD District 1, there are five zones (See Exhibit A for locations). A variable amount is levied in each zone based on the be nefit each property type (residential, industrial or commercial) receives; a single family residence is used as the basic unit of assessment and is assessed an Equivalent Benefit Unit (EBU) of 1.00. In addition to the EBU, the other determining factor in establishing each zone’s corresponding assessment is the acreage of each parcel. The costs associated with maintaining the improvements within each zone are distributed to the parcels within the zone in proportional benefit received by those parcels. Onl y parcels that directly benefit from the improvements are assessed.

On June 18, 2013, the City Council determined that street lighting charges be excluded from both LLMD Districts and be considered as part of the City wide services as a matter of public safety.

For irrigation water service charges, Council approved a reduction of cost that is proportional to shared public areas (i.e. medians, parks and other publicly accessible areas that are in the LLMD service areas) to allow the District to catc h up on lingering maintenance issues. The common area is approximately 38% of total LLMD areas. The cost of City owned utilities expense for Fiscal Year 2022/23 is approximately $65,000 for both electricity and water.

ISSUES/ANALYSIS

The Engineer’s Report for FY 2022/2023 is available for review at the City Clerk’s Office. The Fiscal Year 2022/2023 budget does not reflect any levy changes to the five zones located within the District (Zones: 2, 3, 4, 5 and 8). Staff is recommending that the City Council authorize the City of Colton Electric and Water continue to provide electric and water services and these costs be excluded from the District expenses for the upcoming fiscal year in a same manner as previously approved. West Valley Water District (WVWD) provides water service in the western part of the City of Colton. The LLMD will continue to incur the cost of water provided by WVWD in LLMD 1, Zone 8.

The LLMD 1 assessment rate was established in 1980s and has not been adjusted since. Onl y the Zone 3 Annexation area has an inflator of 3% per year. Since the LLMD 1 was formed without an inflator clause, the rates cannot be increased to meet the service costs without voter approval for each defined district/zone. The cost of operation and contract services continue to escalate especially after the 2015 California Statewide prevailing wage requirements.

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Staff Report to the Mayor and City Council
Public Hearing - LLMD #1
June 21, 2022

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FISCAL IMPACTS

The Engineer’s Report is on file in the Office of the City Clerk as prescribed by law and identifies the LLMD 1 operating budget for 2022/2023 to be $337,698.00. The LLMD 1 revenue for FY 2022/2023 is estimated at $332,269.00. Sufficient reserve balance is available to fund the FY2022-23 budget deficit.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - LLMD1 Map

2. Exhibit B - R-73-22. Approving Engineer's Report

3. Exhibit C - R-74-22 Ordering the Levy

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Exhibit A

LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT 1
MAP

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Attachment: Exhibit A - LLMD1 Map (3669 : Public Hearing - LLMD #1)

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Attachment: Exhibit A - LLMD1 Map (3669 : Public Hearing - LLMD #1)

Exhibit B

Resolution R-73-22

APROVING THE FINAL ENGINEER’S REPORT

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Attachment: Exhibit B - R-73-22. Approving Engineer's Report (3669 : Public Hearing - LLMD #1)

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RESOLUTION NO. R-73-22

A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA APPROVING THE ANNUAL ENGINEER’S REPORT FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2022/2023.

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 Council of the City of Colton, California, has, by previous Resolutions, ordered the preparation of the Engineer’ s Annual Levy Report (“Engineer’s Report”) for the “Colton Landscape and Lighting Maintenance District No. 1” (“District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (“Act”), and; WHEREAS, there has now been presented to this City Council the Engineer’s Report as required by Chapter 3, Section 22623 of said Act, as previously directed by Resolution; and, WHEREAS, this City Council has examined and reviewed the Engineer’s Report as presented, and is satisfied with the Engineer’s Report, each and all of the budget items and documents as set forth therein, and is satisfied that the assessments, have been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed within each Benefit Zone of the District, as set forth in said Engineer’s Report.

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

Section 1 The above recitals are true and correct.

Section 2 That the Engineer’s Report as presented, consists of the following:
 A Description of the Districts and Improvements;
 The Annual Budget (Costs and Expenses of Services, Operations and Maintenance);  A Description of the Method of Apportionment resulting in an Assessment Rate per Levy Unit within said District for Fiscal Year 2022/2023;
 District Assessment Diagrams showing the exterior boundaries of the Assessment District and/or the Benefit Zones therein;
 A Listing of the proposed assessment for each Assessor’s Parcel Number within the District for Fiscal Year 2022/2023.

Section 3 The Engineer’s Report is hereby approved on a preliminary basis pending a public hearing, and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.

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Attachment: Exhibit B - R-73-22. Approving Engineer's Report (3669 : Public Hearing - LLMD #1)

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Section 4 The Engineer’s Report as presented is hereby approved (subject to modifications and amendments directed by the City Council at the Public Hearing) and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open for public inspection.

Section 5 That the City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the presentation of the Engineer’s Report.

PASSED, APPROVED AND ADOPTED this 21st day of June 2022.

_______________________________
Frank J. Navarro
Mayor
ATTEST:

__________________________________
Carolina R. Padilla
City Clerk

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Attachment: Exhibit B - R-73-22. Approving Engineer's Report (3669 : Public Hearing - LLMD #1)

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Attachment: Exhibit B - R-73-22. Approving Engineer's Report (3669 : Public Hearing - LLMD #1)

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Attachment: Exhibit B - R-73-22. Approving Engineer's Report (3669 : Public Hearing - LLMD #1)

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Attachment: Exhibit B - R-73-22. Approving Engineer's Report (3669 : Public Hearing - LLMD #1)

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Attachment: Exhibit B - R-73-22. Approving Engineer's Report (3669 : Public Hearing - LLMD #1)

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Exhibit C

Resolution R-74-22

PUBLIC HEARING ORDERING THE LEVY

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RESOLUTION NO. R-74-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA,

ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2022/2023.

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 Council of the City of Colton, California, has, by previous Resolutions, initiated proceedings for the Colton Landscape and Lighting Maintenance Assessment District No. 1 (“District”), declared its intention to levy assessments for Fiscal Year 202 2/2023, and approved the Engineer’s Annual Levy Report (“Engineer’s Report”), that describes the assessments against parcels of land within for the Fiscal Year commencing July 1, 202 2 and ending June 30, 2023 pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highway s Code, (commencing with section 22500) (“Act”) to pay for the maintenance and services of improvements and facilities related thereto, and;

WHEREAS, the Engineer’s Report has been prepared and filed with the City Clerk, and the City Clerk has presented to the City Council said Engineer’s Report in connection with the proposed levy and collection of assessments upon eligible parcels of land within the District and the City Council did by previous Resolution approve such Engineer’s Report; and,

WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023, to pay for the maintenance and services of improvements and facilities related thereto.

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

Section 1 Following notice duly given, the City Council has held a full and fair public hearing regarding the District, the levy and collection of assessments, the Engineer’s Report prepared in connection therewith, and considered oral and written statements, protests and communications made or filed by interested persons regarding these matters.

Section 2 Based upon its review of the Engineer’s Report (and amendments, as applicable), the City Council hereby finds and determines that:

 The land parcels within the District will be benefited by the operation, maintenance and servicing of the improvements located within the boundaries of the District; and,

 The District includes the parcels of land so benefited; and,

 The net amount to be assessed upon the parcels of land within the District for the Fiscal Year commencing July 1, 202 2 and ending June 30, 202 3 is apportioned by a formula and method which fairly distributes the net amount among eligible parcels in proportion to the estimated special benefits to be received by each parcel from the improvements and services.

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Section 3 The Engineer’s Report and assessments as presented to the City Council and on file in the Office of the City Clerk are hereby confirmed as filed.

Section 4 The maintenance, operation and servicing of the improvements shall be performed pursuant to the Act. The City Council hereby orders the proposed improvements to be made and maintained as set forth in the Engineer’s Report.

Section 5 The City Council has maintained the Wildan Financial Services for the purpose of assisting with the Annual Levy of the District, and is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution, pursuant to Chapter 4, Article 2, Section 22646 of the Act.

Section 6 The County Auditor of the County of San Bernardino shall enter on the County Assessment Roll opposite each eligible parcel of land the amount of levy so apportioned by the formula and method outlined in the Engineer’s Report, and such levies shall be collected at the same time and in the same manner as the County taxes are collected, pursuant to Chapter 4, Article 2, Section 22646 of the Act. After collection by the county, the net amount of the levy shall be paid to the City Treasurer.

Section 7 The City Treasurer shall deposit money representing assessments collected by the County for the District to the credit of a fund for the City of Colton Landscape and Lighting Maintenance District No. 1, and such money shall be expended only for the maintenance, operation and servicing of the improvements described in the Engineer’s Report.

Section 8 The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023.

PASSED, APPROVED AND ADOPTED THIS 21st DAY OF JUNE 2022.

_______________________________
Frank J. Navarro
Mayor
ATTEST:

__________________________________
Carolina R. Padilla
City Clerk

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Attachment: Exhibit C - R-74-22 Ordering the Levy (3669 : Public Hearing - LLMD #1)

ITEM NO. 2

STAFF REPORT

DATE: JUNE 21, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO

APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL

OF COLTON, CALIFORNIA APPROVING THE ANNUAL
ENGINEER’S REPORT FOR THE COLTON LANDSCAPE AND
LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 2 FOR
FISCAL YEAR 2022/2023 & APPROVE AND ADOPT A

RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA,

ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS

FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE
ASSESSMENT DISTRICT NO. 2 FOR FISCAL YEAR 2022/2023,
RESOLUTION NO. R-70-22 & R-71-22.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

It is recommended that the City Council conduct a public hearing and approve and adopt the following resolutions for the Landscape Lighting and Maintenance District No. 2 for Fiscal Year 2022/2023:

1. Resolution No. R-70-22, approving the final Engineer’s Report; and

2. Resolution No. R-71-22, approving and ordering of the levy and collection of assessments for Fiscal Year 2022/2023.
>

BACKGROUND

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Staff Report to the Mayor and City Council
Public Hearing - LLMD #2
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In compliance with the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, the City Council formed a Landscape and Lighting Maintenance Assessment District (LLMD). Currently, there are two Landscape Lighting and Maintenance Districts within the City of Colton. Each District provides the services of maintaining lighting, landscaping, and all applicable facilities within its boundaries.

The LLMD II was formed in 2002 with two zones (See Exhibit A for location map). A variable amount is levied in eac h zone based on the benefit each property type (residential, industrial or commercial) receives; a single family residence is used as the basic unit of assessment and is assessed an Equivalent Benefit Unit (EBU) of 1.00. In addition to the EBU, the other determining factor in establishing each zone’s corresponding assessment is the acreage of each parcel. The costs associated with maintaining the improvements within each zone are distributed equitably to the parcels within the zone proportional to the ben efit received by those parcels.

Only parcels that directly benefit from the improvements are assessed.

On June 18, 2013, the City Council determined that street lighting charges be excluded from both LLMD Districts and be considered as part of the City wide services as a matter of public safety.

For irrigation water service charges, Council approved a reduction of cost that is proportional to shared public areas (i.e. medians, parks and other publicly accessible areas that are in the LLMD service areas) to allow the District to catch up on lingering maintenance issues. The common area is approximately 38% of total LLMD areas. The cost of City owned utilities expense for Fiscal Year 2022/23 is approximately $12,000 for both electricity and water.

ISSUES/ANALYSIS

The Preliminary Engineer’s Report for FY 2022/2023 is available for review at the City Clerk’s Office. Staff is recommending that the City Council authorize the City’s Electric and Water Departments to continue to provide electric a nd water services and these costs be excluded from the District expenses for the upcoming fiscal year in a same manner as previously approved.

FISCAL IMPACTS

The Engineer’s Report is on file in the Office of the City Clerk, as prescribed by law and identifies the LLMD II operating budget for 2022/2023 is $171,678. The LLMD II revenue for FY 2022/2023 is estimated at $170,888.00. Sufficient reserve balance is available to fund the operating deficit for FY2022-23.

ALTERNATIVES

1. Provide alternative direction to staff.

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Staff Report to the Mayor and City Council
Public Hearing - LLMD #2
June 21, 2022

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ATTACHMENT

1. Exhibit A - LLMD 2 Map

2. Exhibit B - R-70-22. Approving the Engineer's Report

3. Exhibit C - R-71-22 Ordering The Levy

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Exhibit A

LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT 2 MAP

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Attachment: Exhibit A - LLMD 2 Map (3667 : Public Hearing - LLMD #2)

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Attachment: Exhibit A - LLMD 2 Map (3667 : Public Hearing - LLMD #2)

Exhibit B

Resolution R-70-22

APROVING THE FINAL ENGINEER’S REPORT

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RESOLUTION NO. R-70-22

A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA APPROVING THE ANNUAL ENGINEER’S REPORT FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 2 FOR FISCAL YEAR 2022/2023.

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 Council of the City of Colton, California, has, by previous Resolutions, ordered the preparation of the Engineer’s Annual Levy Report (“Engineer’s Report”) for the “Colton Landscape and Lighting Maintenance Assessment District No. 2 (“District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (“Act”); and,

WHEREAS, there has been presented to this City Council the Engineer’s Report as required by Chapter 3, Section 22623 of said Act as previously directed by Resolution; and,

WHEREAS, this City Council has carefully examined and reviewed the Engineer’s Report as presented, and is satisfied with the Engineer’s Report, each and all of the budget items and documents as set forth therein, and is satisfied that the assessments, have been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed within each Benefit Zone of the District, as set forth in said Engineer’s Report.

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

Section 1 The above recitals are true and correct.

Section 2 The Engineer’s Report as presented, consists of the following:
 A Description of the District and Improvements;
 The Annual Budget (Costs and Expenses of Services, Operations and Maintenance);  A Description of the Method of Apportionment resulting in an Assessment Rate per Levy Unit within said District for Fiscal Year 2022/2023;
 District Assessment Diagrams showing the exterior boundaries of the Assessment District and/or the Benefit Zones therein;
 A Listing of the proposed assessment for each Assessor’s Parcel Number within the District for Fiscal Year 2022/2023.

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Attachment: Exhibit B - R-70-22. Approving the Engineer's Report (3667 : Public Hearing - LLMD #2)

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Section 5 The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation and approval of the Engineer’s Report.

PASSED, APPROVED AND ADOPTED this 21st day of June 2022.

_______________________________
Frank J. Navarro
Mayor
ATTEST:

__________________________________
Carolina R. Padilla
City Clerk

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Attachment: Exhibit B - R-70-22. Approving the Engineer's Report (3667 : Public Hearing - LLMD #2)

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Exhibit C

Resolution R-71-22

PUBLIC HEARING ORDERING THE LEVY

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RESOLUTION NO. R-71-22

A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA, ORDERING THE

LEVY AND COLLECTION OF ASSESSMENTS FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 2 FOR FISCAL YEAR 2022/2023.

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 Council of the City of Colton, California, has, by previous Resolutions, initiated proceedings for the Colton Landscape and Lighting Maintenance Assessment District No. 2 (“District”), declared its intention to levy assessments for Fiscal Year 202 2/2023, and approved the Engineer’s Annual Levy Report (Engineer’s Report) that describes the assessments against parcels of land within for the Fiscal Year commencing July 1, 202 2 and ending June 30, 2023, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, (commencing with Section 22500) (“Act”) to pay for the maintenance services of improvements and facilities related thereto; and,

WHEREAS, the Engineer’s Report has been prepared and filed with the City Clerk, and the City Clerk has presented to the City Council said Engineer’s Report in connection with the proposed levy and collection assessments upon eligible parcels of land within the District and the City Council did by previous Resolution approve such Engineer’s Report, and;

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

Section 2 Based upon its review of the Engineer’s Report (and amendments, as applicable), the City Council hereby finds and determines that:

 The land parcels within the District will be benefited by the operation, maintenance and servicing of the improvements located within the boundaries of the District; and,

 The District includes the parcels of land so benefited; and,

 The net amount to be assessed upon the parcels of land within the District for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023 is apportioned by a formula and method which fairly distributes the net amount among eligible parcels in proportion to the estimated special benefits to be received by each parcel from the improvements and services.

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Section 3 The Engineer’s Report and assessments as presented to the City Council and on file in the Office of the City Clerk are hereby confirmed as filed.

Section 5 The City Council has maintained Wildan Financial Services for the purpose of assisting with the Annual Levy of the District, and is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution, pursuant to Chapter 4, Article 1, Section 22641 of the Act.

Section 6 The County Auditor of the County of San Bernardino shall enter on the County Assessment Roll opposite each eligible parcel of land the amount of levy so apportioned by the formula and method outlined in the Engineer’s Report, and such levies shall be collected at the same time and in the same manner as the County taxes are collected, pursuant to Chapter 4, Article 2, Section 22646 of the Act. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.

Section 7 The City Treasurer shall deposit money representing assessments collected by the County for the District to the credit of a fund for the City of Colton Landscape and Lighting Maintenance District No. 2, and such money shall be expend ed only for the maintenance, operation and servicing of the improvements described in the Engineer’s Report.

Section 8 The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2022 and ending June 30, 2023.

PASSED, APPROVED AND ADOPTED THIS 21st DAY OF JUNE 2022.

_______________________________
Frank J. Navarro
Mayor
ATTEST:

__________________________________
Carolina R. Padilla
City Clerk

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Attachment: Exhibit C - R-71-22 Ordering The Levy (3667 : Public Hearing - LLMD #2)

ITEM NO. 3

STAFF REPORT

DATE: JUNE 21, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: TIME AND PLACE TO CONSIDER A PUBLIC HEARING TO

APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF COLTON, CALIFORNIA PROVIDING THE BASIC

FEE FOR STORM WATER SERVICES AND THE STORM WATER
MANAGEMENT USER FEE FOR FISCAL YEAR 2022/2023 AS
PROVIDED FOR IN CHAPTER 14.01 OF THE COLTON MUNICIPAL
CODE, RESOLUTION NO. R-72-22.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Conduct a public hearing and adopt Resolution No. R -72-22 approving the Basic Fee for Storm Water Services and the Storm Water Managemen t User Fee for Fiscal Year 2022/2023, as provided for in Chapter 14.01 of the Colton Municipal Code.

2. Approve the County of San Bernardino Agreement for Collection of Special Taxes, Fees, and Assessments for Fiscal Year 2022 -2023 (Exhibit C) and authorize the City Manager to execute the agreement.

BACKGROUND

As a result of a State requirement issued by the California Regional Water Quality Control Board, the County of San Bernardino drafted the National Pollutant Discharge Elimination System (NPDES) Implementation Agreement. This Agreement was entered into between all the Co-Permitees (cities) listed in the Permit issued by the state to the County of San Bernardino to oversee the National Pollutant Discharge Elimination System (NPDES). This Agreement wa s

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Staff Report to the Mayor and City Council
Public Hearing - Stormwater Management Fee
June 21, 2022

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originally executed in October 1990 and an updated version was subsequently approved on March 15, 2022. Through the San Bernardino County Flood Control District, an NPDES Storm Water Permit was issued with 16 incorporated cities (including Colton) as Co-Permitees.

Implementation of this Permit requires the City to perform regular inspections and water quality monitoring. These services are funded as authorized by Chapter 14.01 of the City’s Municipal Code. Each property owner is assessed a Storm Water Management Fee based upon the land use and size of the property. The average residential Storm Water Management Fee for FY 22/23 is $24.13 (similar from last year). In order for the City to charge these fees, the County requires that the fees be submi tted to the City Council for approval each year. The City Council must also hold a public hearing each year for all affected property owners.

ISSUES/ANALYSIS

There is no increase in either of the “Basic Fee for Storm Water Services” or “Storm Water Management User Fee.” The fees that will be collected this year will fund the Storm Water Program for FY 2022/2023, which includes the City’s operational costs for permits, storm drain cleaning and repair, NPDES inspections and litter control. The proposed s torm water fee for each individual parcels is attached as Exhibit A on Resolution R -72-22. The public hearing notice was published on June 11 and June 15, 2022.

The agreement for Collection of Special Taxes, Fees, and Assessments for Fiscal Year 2022 - 2023 with the County of San Bernardino identifies each agency’s responsibilities in the collection of the storm water fees.

FISCAL IMPACTS

The revenues are estimated to be $637,959 and will be expended to fund the City’s NPDES Storm Water Program as mandat ed by Federal and State regulations. The City’s total adopted FY2022-23 Storm Water Program appropriations are $1,285,850, which is inclusive of $230,000 in capital outlay and $200,000 in capital improvements . Sufficient reserve balance in the Storm Water Fund is available to fund the FY2022-23 budget deficit.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - R-72-22 - Storm Water Fee Approval

2. Exhibit B - 2223 Colton Stormwater

3. Exhibit C - 2223 Colton Billing Agreement

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RESOLUTION NO. R-72-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA

APPROVING THE BASIC FEE FOR STORM WATER SERVICES AND THE STORM WATER MANAGEMENT USER FEE FOR FISCAL YEAR 20 22/2023 AS PROVIDED FOR IN CHAPTER 14.01 OF THE COLTON MUNICIPAL CODE.

WHEREAS, Section 14.01.050 of the Colton Municipal Code authorizes the City Council to establish a Basic Fee for Storm Water Services and a Storm Water Management User Fee in accordance with the formula established in that Section 14.01.050; and

WHEREAS, after consideration of factors necessary to establish a Basic Fee for Storm Water Services and the Storm Water Management User Fee at a duly noticed public hearing, the City Council has established the Basic Fee for Storm Water Services and the Storm Water Management User Fee by Resolution R-89-96; and

WHEREAS, the basic fee and formula of the established Storm Water Management Fee remain unchanged and San Bernardino County land use codes now apply.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON
DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1 The Basic Fee for Storm Water Services and the Storm Water Management User Fee authorized pursuant to Section 14.01.050 of the Colton Municipal Code shall be based upon land use and parcel size as they relate to the generation of Storm Water runoff as set forth in the table attached hereto and incorporated herein by this reference as Exhibit “A”; and

SECTION 2 These fees shall be billed through the San Bernard ino County tax assessors system; and

SECTION 3 The fees set forth on Exhibit “A” are hereby imposed on all properties within the City.

PASSED, APPROVED AND ADOPTED this 21th day of June 2022.

_______________________________
FRANK J. NAVARRO
Mayor
ATTEST:

_____________________________

CAROLINA PADILLA
City Clerk

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Attachment: Exhibit A - R-72-22 - Storm Water Fee Approval (3668 : Public Hearing - Stormwater Management Fee) FY 2021-22 Rate: $24.13 per Basic Benefit Unit (BBU)
FY 2022-23 Rate: $24.13 per Basic Benefit Unit (BBU)
Stormwater Management Use Fee Equals: (BBU Rate) x (No. of BBUs per Billed Parcel) Basic Benefit Unit (BBU) Calculation (a)
1) Single Family Residential Land Use (Stormwater Group C) a. Parcel Size of 0.1667 Acres or Less: 1.0 BBU Regardless of Specific Acreage: Runoff Factor is 0.40 b. Parcel Size Portion 0.167 to 2.50 Acres: Runoff Factor is 0.0067 BBU equals 1.0 + (Parcel Acreage - 0.167 Acres) x 0.10
c. Parcel Size Portion Greater Than 2.5 Acres: Runoff Factor is 0.0033 BBU equals 1.23 + (Parcel Acreage - 2.5 Acres) x 0.05
2) Other (All Other Land Use Codes and Stormwater Groups ) Number of BBUs equals Parcel Size in Acres x BBUs per Acre per Stormwater Group (as listed below) Runoff
Coefficient (b)
Basic Benefit
Units per Acre
Group A - Commercial/Industrial 0.80 12.00
Group B - Multi-family Dwellings, 0.60 9.00
Churches and Schools
Group C - Single Family Residential
Group D - Agriculture/Govern/Public 0.000 0.00
Group E - Golf Courses/Cemeteries 0.0067 0.10
Group F - Vacant/Undeveloped 0.0033 0.05
No parcel is charged for fees less than $1.
(a) The BBU calculation is based on the County Flood Control Division allocation method for County-wide communities. The BBU is based on a typical Single Family Residential parcel of 0.167 acres. (b) The land use runoff coefficients are based on NPDES program criteria by County Flood Control, on City property.

EXHIBIT A
STORMWATER FEES - FY 2022-23
Stormwater Group Description San Bernardino County Land Use Code Varies - See (1) Above
100, 101, 102, 103, 104, 105, 106, 107, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 140, 141, 142, 143, 150, 151, 152, 153, 161, 162, 163, 164, 170, 171, 172, 173, 174, 180, 210, 211, 212, 230, 231, 232, 233, 235 251, 252, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 320, 321, 322, 330, 331, 332, 333, 334, 340, 341, 342, 343, 344, 345, 346, 347, 350, 351, 352, 353, 354, 360, 361, 362, 363, 364, 365, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 387, 388, 390, 391, 392, 393, 399, 435, 799, 812, 813, 814, 815, 816, 817, 819, 823, 824, 825, 826, 827, 829, 834, 835, 836, 837, 839, 845, 846, 847, 849, 856, 857, 859, 867, 869, 879, 888, 907, 950, 951, 953001, 335, 336, 337, 389, 400, 470, 471, 472,473, 474, 475, 476, 477, 478, 479, 480, 481,482, 483, 520, 521, 522, 523, 524, 525, 526,530, 531, 532, 600, 601, 602, 603, 604, 605,610, 611, 612, 613, 620, 621, 622, 623, 630,631, 640, 641, 642, 643, 650510, 511, 512, 513, 514, 533, 534, 535, 599002, 003, 160, 236, 253, 348, 420, 421, 430, 431, 432, 433, 434, 436, 701, 702, 710, 711, 712, 713, 714, 720, 721, 722, 730, 731, 732, 733, 734, 735, 736, 737, 750, 751, 752, 753, 760, 761, 762, 763, 764, 765, 766, 767, 768, 769, 770, 771, 772, 773, 774, 775, 776, 778, 900, 901, 902, 903, 904, 905, 906, 952, 999385, 386, 410, 411000, 004, 041

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Attachment: Exhibit B - 2223 Colton Stormwater (3668 : Public Hearing - Stormwater Management Fee) Land Use Code
SW
Group BBU/Acre Land Use Total Acres Total Parcels Total Fees (1)(2)(3) 0000 F 0.05 Vacant Land 2,329.20 390.00 $2,503.39
0001 B 9.00 MH Subdivision Lot 2.16 24.00 469.20
0002 D 0.00 Water Well Site 2.21 1.00 0.00
0003 D 0.00 Improvements Associated APN 44.92 35.00 0.00 0004 F 0.05 Unimproved Cemetery Land 39.01 11.00 45.89
0100 A 12.00 Storage Warehouse 71.51 68.00 20,098.99
0101 A 12.00 Distribution Warehouse 191.97 23.00 55,585.39 0102 A 12.00 Transit Warehouse 43.35 4.00 12,553.00
0103 A 12.00 Mini-Storage Warehouse 6.90 3.00 1,997.96
0104 A 12.00 Storage Building 10.07 8.00 2,915.87
0105 A 12.00 Lumber Storage 0.77 1.00 222.96
0106 A 12.00 Storage Yard 15.79 2.00 4,572.15
0107 A 12.00 Cold Storage Facility 50.75 4.00 14,695.18 0109 A 12.00 Industrial Flex 5.51 2.00 1,595.47
0110 A 12.00 Industrial Loft 42.87 18.00 12,413.44
0111 A 12.00 Industrial Condo 0.71 7.00 205.59
0112 A 12.00 Engineering/Research Lab 5.05 1.00 1,462.28 0113 A 12.00 Light Industrial 184.94 77.00 53,549.81
0114 A 12.00 Heavy Industrial 38.62 2.00 11,182.81
0115 A 12.00 Food Processing 35.44 6.00 10,262.00
0161 A 12.00 Electric Power Plant 12.24 2.00 0.00
0171 A 12.00 Water Distribution Systems 0.01 1.00 2.90
0210 A 12.00 General Office 51.66 58.00 12,514.80
0211 A 12.00 Bank, S&L 2.73 5.00 790.50
0230 A 12.00 Medical Office 16.08 14.00 3,611.38
0231 A 12.00 Dental Office 0.00 0.00 0.00
0235 A 12.00 Outpatient Surgical Center 2.17 1.00 628.35 0253 D 0.00 Mortuary 29.08 1.00 0.00
0300 A 12.00 Retail Store 45.60 82.00 13,168.35
0301 A 12.00 Retail Warehouse 9.28 3.00 2,687.11
0302 A 12.00 Discount Store 30.21 5.00 8,747.62
0303 A 12.00 Department Store 0.86 1.00 249.02
0304 A 12.00 Retail Strip 33.16 28.00 9,601.81
0305 A 12.00 Shopping Center 12.56 2.00 3,636.88
0308 A 12.00 Barber/Beauty Shop 0.14 1.00 40.54
0310 A 12.00 Dairy Sales 0.00 0.00 0.00
0312 A 12.00 Convenience Store 1.06 3.00 306.93
0313 A 12.00 Convenience Store w/Gas 8.73 11.00 2,527.58 0314 A 12.00 Market 2.79 10.00 807.88
0315 A 12.00 Supermarket 21.42 6.00 6,202.95
0320 A 12.00 Fast Food 18.22 35.00 5,275.18
0321 A 12.00 Restaurant 7.57 14.00 2,191.97
0322 A 12.00 Bar, Tavern 1.90 2.00 550.16
0330 A 12.00 Hotel 7.10 4.00 2,055.87
0331 A 12.00 Motel 4.89 5.00 1,415.94
0334 A 12.00 Convalescent Hospital 5.75 1.00 0.00
0337 B 9.00 Assisted Living Facility 1.26 1.00 274.29
0340 A 12.00 Car Lot 1.70 6.00 492.25
0341 A 12.00 Auto Showroom 3.09 2.00 894.74
0342 A 12.00 Auto Dealership (Sales, Svc) 25.51 7.00 7,386.68 0343 A 12.00 Service Station 1.01 3.00 292.46
0344 A 12.00 Service Garage 16.83 31.00 4,873.30
0345 A 12.00 Mini-lube Garage 1.28 2.00 370.64
0346 A 12.00 Car Wash, Coin-op 1.20 4.00 347.47
0347 A 12.00 Car Wash, Automatic 1.27 2.00 367.74
0348 D 0.00 Truck Wash 8.33 1.00 0.00
0350 A 12.00 Parking Lot 21.31 29.00 6,170.54
0351 A 12.00 Auto Storage Yard 3.30 4.00 955.54
0376 A 12.00 Handball/Racquetball 0.00 0.00 0.00
0386 E 0.10 Golf Course 52.00 1.00 125.48

CITY OF COLTON
FY 2022-2023 STORMWATER MANAGEMENT FEES

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Attachment: Exhibit B - 2223 Colton Stormwater (3668 : Public Hearing - Stormwater Management Fee) Land Use Code
SW
Group BBU/Acre Land Use Total Acres Total Parcels Total Fees (1)(2)(3)

CITY OF COLTON
FY 2022-2023 STORMWATER MANAGEMENT FEES
0388 A 12.00 Clubhouse 3.01 5.00 871.58
0389 B 9.00 Fraternal/Veterans Organization 0.84 2.00 182.42 0391 A 12.00 Amusement/Theme Park 5.50 3.00 1,592.58
0393 A 12.00 Travel Center 4.40 1.00 1,274.06
0400 B 9.00 Religious Structure 39.95 38.00 8,675.96
0410 E 0.10 Cemetery 47.06 7.00 113.57
0470 B 9.00 Educational 8.11 7.00 1,761.24
0471 B 9.00 Pre-School/Day Care Center 0.18 1.00 39.09
0472 B 9.00 Elementary School 3.81 5.00 827.42
0474 D 0.00 College/County of San Bernardino 9.10 3.00 920.80 0510 C Varies Detached SFR 1,713.91 8,637.00 209,331.14 0511 C Varies Recreational Desert/Mtn Cabin 0.20 1.00 24.21 0514 C Varies Residence on Commerical 18.30 85.00 2,063.98 0520 B 9.00 MH on Fee Land, Not in MH Subdivision 0.17 1.00 36.92 0522 B 9.00 MH, In-Park (Leased Land) 3.93 131.00 0.00
0523 B 9.00 MH Accessories, In-Park (Leased Land) 0.00 0.00 0.00 0524 B 9.00 MH, Dealer Inventory 0.00 0.00 0.00
0525 B 9.00 MH (525) 0.18 2.00 39.10
0526 B 9.00 MH Permanent Foundation 22.77 237.00 4,946.05 0530 B 9.00 Condo 12.78 651.00 2,774.13
0531 B 9.00 PUD 11.02 275.00 2,394.15
0532 B 9.00 PUD, Deminimus 11.19 139.00 2,429.91
0599 C Varies Misc Residential Structure 39.97 10.00 225.64 0600 B 9.00 Two SFR 55.14 252.00 11,974.84
0601 B 9.00 Three SFR 3.63 9.00 788.75
0602 B 9.00 Four SFR 2.08 6.00 451.71
0603 B 9.00 Duplex 20.19 106.00 4,384.76
0604 B 9.00 Triplex (true or combination) 11.00 52.00 2,359.35 0605 B 9.00 Quad (true or combination) 22.23 86.00 4,827.64 0610 B 9.00 Multi-SFR, 5-14 Units 1.78 6.00 386.57
0611 B 9.00 Apartment, 5-14 Units 8.15 19.00 1,769.75
0621 B 9.00 Apartment, 15+ Units 125.51 24.00 26,861.76 0623 B 9.00 Senior Citizen APT, 15 Units AND UP 3.23 1.00 701.46 0631 B 9.00 Gov't Assisted Apt (HUD, 236, Etc.) 31.49 5.00 6,838.68 0640 B 9.00 Rectory/Convent 0.34 1.00 73.84
0650 B 9.00 Manufactured Home Park 82.01 5.00 17,810.11 0799 A 12.00 Miscellaneous Ag Building 35.54 2.00 10,290.96 0813 A 12.00 Industrial/Commercial 6.67 2.00 1,931.36
0835 A 12.00 Commercial/Single Family Residential 0.13 1.00 37.64 0836 A 12.00 Commercial/Multi Family 0.17 1.00 49.23
0903 D 0.00 Common Area, Greenbelt 3.99 13.00 0.00
0904 D 0.00 Miscellaneous 0.00 14.00 0.00
0905 D 0.00 Common Area, Street 0.00 7.00 0.00
0999 D 0.00 Check 0.00 4.00 0.00
TOTALS 5,954.72 11,932 $637,958.59
(3) Charge Roll on file with City Clerk.
(1) Slight variance due to rounding.
(2) The information provided is subject to change as a result of parcel changes and updates received from the County. The totals above include all parcels in the District (charged and not charge parcels)

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Attachment: Exhibit B - 2223 Colton Stormwater (3668 : Public Hearing - Stormwater Management Fee)

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AGCY____

AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR

AGREEMENT FOR COLLECTION OF SPECIAL

TAXES, FEES, AND ASSESSMENTS
FISCAL YEAR 2022-2023

THIS AGREEMENT is made and entered into this _____ day of _________________, 2022, by and between the COUNTY OF SAN BERNARDINO, hereinafter referred to as “County” and the City of Colton hereinafter referred to as “City”.

WITNESSETH:

WHEREAS, Government Code Sections 29304 and 51800 authorize the County to recoup its collection costs when the County collects taxes, fees, or assessments for any City, school district, special district, zone or improvement district thereof; and WHEREAS, the City and County have determined that it is in the public interest that the County, when requested by City, collect on the County tax rolls the special taxes, fees, and assessments for City.

NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:

1. County agrees, when requested by City as hereinafter provided to collect on the County tax rolls the special taxes, fee s, and assessments of City, and of each zone or improvement District thereof.

2. When County is to collect City’s special taxes, fees, and assessments, City agrees to notify in writing the Auditor-Controller (268 W. Hospitality Lane, 4TH floor, San Bernardino, CA 92415) of the County on or before the 10 th day of August of each fiscal year of the Assessor’s parcel numbers and the amount of each special tax, f ee, or assessment to be so collected. Any such notice, in order to be effective, must be received by the Auditor-Controller by said date.

3. County may charge City an amount per parcel for each special tax, fee, or assessment that is to be collected on t he County tax rolls by the County for the City, not to exceed County’s actual cost of collection.

4. City warrants that the taxes, fees, or assessments imposed by City and collected pursuant to this Agreement comply with all requirements of state law, inc luding but not limited to, Articles XIIIC and XIIID of the California Constitution (Proposition 218).

5. City hereby releases and forever discharges County and its officers, agents and employees from any and all claims, demands, liabilities, costs and exp enses, damages, causes of action, and judgments, in any manner arising out of City’s responsibility under this agreement, or other action taken by City in establishing a special tax, fee, or assessment and

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Attachment: Exhibit C - 2223 Colton Billing Agreement (3668 : Public Hearing - Stormwater Management Fee)

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AGCY____
implementing collection of special taxes, fees or assessments as contemplated in this agreement.

6. The County Auditor/Controller has not determined the validity of the taxes or assessments to be collected pursuant to this contract, and the undersigned City hereby assumes any and all responsibility for m aking such a determination. The undersigned City agrees to indemnify, defend and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this contract or the imposition of the taxes or assessments collected pursuant to this contract, and for any costs or expenses incurred by the County on account of any claim therefore, except where such indemnification is prohibited by law. If any judgment is entered against County or any other indemnified party as a result of action taken to implement this Agreement, City agrees that County may offset the amount of any judgment paid by County or by any indemnified party from any monies collected by County on City’s behalf, including property taxes, special taxes, fees, or assessments. County may, but is not required to, notify City of its intent to implement any offset authorized by this paragraph.

7. City agrees that its officers, agents and employees will cooperate with County by answering inquiries made to City by any person concerning City’s special tax, fee, or assessment, and City agrees that is officers, agents and employees will not refer such individuals making inquiries to County officers or employees for response.

8. City shall not assign or transfer this agreement or any interest herein and any such assignment or transfer or attempted assignment or transfer of this agreement or any interest herein by City shall be void and shall immediately and au tomatically terminate this agreement

9. This agreement shall be effective for the 2022/2023 fiscal year.

10. Either party may terminate this agreement for any reason upon 30 days written notice to the other party. The County Auditor/Controller shall have the right to exercise County’s right and authority under this contract including the right to terminate the contract.

11. County’s waiver of breach of any one term, covenant, or other provision of this agreement, is not a waiver of breach of any other term, nor subsequent breach of the term or provision waived.

12. Each person signing this agreement represents and warrants that he or she has been fully authorized to do so.

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Attachment: Exhibit C - 2223 Colton Billing Agreement (3668 : Public Hearing - Stormwater Management Fee) 3 of 3
AGCY____
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written.

City: City of Colton

By: ______________________________
Printed Name: _William R. Smith_____
Title: _City Manager________
Date: ____________________

ENSEN MASON CPA, CFA,

AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR

SAN BERNARDINO COUNTY
By Authorized Deputy: _________________
Printed Name: Linda Santillano
Title: Chief Deputy, Property Tax
Date: _______________________________

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Attachment: Exhibit C - 2223 Colton Billing Agreement (3668 : Public Hearing - Stormwater Management Fee)

ITEM NO. 4

STAFF REPORT

DATE: JUNE 21, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CAROLINA PADILLA, CITY CLERK
SUBJECT: APPROVAL OF MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD ON JUNE 7, 2022, 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 June 7, 2022.

BACKGROUND

Minutes for the City Council Regular Meeting Held on June, 7, 2022.

FISCAL IMPACTS

None.

ATTACHMENT

1. 06-07-2022 Draft Minutes
4 Packet Pg. 92
2022 MAY 03 CC/CUA/CPFA/CHA MEETING 1 -

CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

REGULAR MEETING MINUTES

June 7, 2022

Regular Meeting held on the above-given date at 6:00 p.m. in City Hall, located at 650 North La Cadena Drive, Colton, California with Mayor Navarro presiding.

INVOCATION: Pastor Don Duenez- Echoes of Love Ministry
FLAG SALUTE: American Legion Post 155 Member Steve Ferrance

CITY COUNCIL ROLL CALL

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

Council Members Absent
None

CEREMONIAL MATTERS
Presentations, Awards, Proclamations

Colton Queen and her Court
Erlinda Armendariz, Miss Colton Pageant Coordinator, introduced The Miss Colton/Teen Miss Colton for 2022 and their court:

Miss Colton 2022
Queen Chantelle Martinez
1st Miss Princess Maggie Calderilla
2nd Miss Princess Lexi Saragosa

Teen Miss Colton 2022
Queen Lesley Yanez
1st Teen Princess Brook Carlson
2nd Teen Princess Mariah Perez

 Introduction of Homeless Solutions Coordinator - Alexis Saucedo Director Farrar introduced Alexis Saucedo the new Homeless Solutions Coordinator, Community Services Department.

 Proclamation - Colton Teachers Appreciation Day – June 7, 2022 CM González read the Colton Teachers Appreciation Day Proclamation; certificates presented to the following teachers of the Colton Joint Unified School District:

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Frank Acosta
Jennie Blinkinsop
Eva Heras
Miriam Borja
Christina Perris
Kenneth Tabor

 Presentation - Colton Joint Unified School District - Recognition of Colton Donors Representatives from the Colton Joint Unified School Districted presented Banners to each Colton Donors who contributed towards the purchase of a “Tunnel” entrance will be used at Colton High School sporting events:

Colton Police Department
Israel Fuentes
Councilman Isaac Suchil
Colton Fire Department
Eric Suchil from MM Transport
Gary Grossich from Nickelodeon Pizza
Mayor Frank Navarro
Pacific Rail
Leno Moreno from Leno's Tacos
Ohm Kongtang from GT Imprints

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MAYOR AND COUNCIL ITEMS

POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF JUNE 7, 2022.

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).

CM Echevarria & CM Suchil attended on behalf of the City of Colton City Council the Annual ICSC 2022 LAS VEGAS conference, held May 22-24, 2022 at Las Vegas, Nevada convention center.

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PUBLIC HEARINGS

(1) Subdivision Ordinance Update and SB 9

TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING CONTINUED FROM MAY 3, 2022 TO INTRODUCE BY TITLE ONLY , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, TO AMEND, REPEAL AND REPLACE TITLE 16

SUBDIVISION ORDINANCE OF THE CIT Y OF COLTON MUNICIPAL CODE INCLUDING URBAN LOT SPLITS AND TWO -UNIT PROJECTS TO IMPLEMENT LAWS ENACTED BY SB 9

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AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA. (FILE INDEX NO. DAP- 001-723), ORDINANCE NO. O-01-22.

Mayor Navarro declared opened the continued Public Hearing.

City Clerk Padilla submitted the Notice of Continuance of the Public Hearing (on file in the City Clerk’s Office) and there were no reports of protests or objections thereto.

Staff Presentation
Director Tomich, Development Services , and Mario Suarez, Planning Manager, presented for Council an overview of the agenda item and requested approval of staff’s recommendation.

Public Comment
The following community members addressed the Council: Celeste Carlos and Scott McKhann.

Motion and Second by CM Suchil/González to close the public hearing.

Vote: Motion carried with CM Suchil voting NO.

Motion and Second by MPT Koperski/Mayor Navarro to w aive full reading, read by title only and introduce Ordinance No. O-01-22.

Vote: Voting NO: CM Cis/Gon/Ech/Suc; Voting YES: CM Tor/MPT Kop/Mayor Nav

MOTION FAILED

Direction to Staff
Explanation of the obligation to have an ordinance in place to comply with SB9.

Include definitive verbiage as it relates to high fire areas in the City of Colton.

Explain the timeline for the City of Colton to be in compliance.

(2) Change of Zone - Residential Overlay (R-O) Zone

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 SECTION 18.06.020 (OFFICIAL ZONING MAP) TO ADD RESIDENTIAL OVERLAY (R -O) TO AN EXISTING M -1 (LIGHT INDUSTRIAL) ZONE ON PROPERTY LOCATED AT 300 WEST CONGRESS STREET (APN 0163 -272-01) IN THE CITY OF COLTON AND MEASURING APPROXIMATELY .27 ACRES IN AREA (FILE INDEX NO. DAP-001-722), ORDINANCE NO. O- 09-22.

Mayor Navarro declared the Public Hearing open.

City Clerk Padilla submitted the Notice of the Public Hearing (on file in the City Clerk’s Office) and there were no reports of protests or objections thereto.

Staff Presentation
Manager Suarez presented for Council an overview of the agenda item and requested approval of staff’s recommendation.

Public Comment
None

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Motion and Second by CM Suchil/CM González to close the public hearing.

Vote: Unanimous

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

Manager Suarez and City Attorney Campos.

Motion and Second by CM González/MPT Koperski to waive full reading, read by title only and i ntroduce Ordinance No. O-09-22.

Vote: Unanimous

(3) Residential Rate Modification - SB 1383 Compliance

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 MODIFY RESIDENTIAL RATE- SB 1383 COMPLIANCE, ORDINANCE NO. O-10-22.

Mayor Navarro declared the Public Hearing open.

City Clerk Padilla submitted the Notice of the Public Hearing (on file in the City Clerk’s Office) and there were no reports of protests or objections thereto.

Mayor Navarro announced, with no objection by councilmembers present, the public hearing continued to June 21, 2022.

(4) Fee Update - Community Services Department Fees

TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO APPROVE AND ADOPT A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON UPDATING THE MASTER

FEE SCHEDULE FOR SERVICES PERFORMED BY THE COMMUNITY SERVICES DEPARTMENT, RESOLUTION NO. R-41-22.

Mayor Navarro declared the Public Hearing open.

City Clerk Padilla submitted the Noti ce of the Public Hearing (on file in the City Clerk’s Office) and there were no reports of protests or objections thereto.

Staff Presentation
Director Farrar presented for Council an overview of the agenda item and requested approval of staff’s recommendation.

Public Comment
None

Motion Second by CM González/CM Suchil to close the public hearing.

Vote: Unanimous

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

Director Farrar.

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Motion and Second by CM González/CM Cisneros to approve and adopt Resolution No. R-41-22.

Vote: Unanimous

*************************************************************************** Public Comment
The following community members addressed the Council: Mark Garcia; Jessie Parks; Claudia Cooley; Christine Irish-Ré; Darby Osnaya and Pam Lemos

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CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 5 through 25.

Motion and Second by CM González/MPT Koperski to approve the consent calendar Item 5 through 25.

Vote: Unanimous with CM Suchil voting NO on Item 10.

(5) Minutes - Approval of Minutes for the City Council Regular Meeting Held on May 17, 2022. 00 (6) Warrants - Approve US Bank voucher dated 04/21/2022 and totaling $64,855.73; voucher numbers 198963 to 199064 dated 05/05/2022 and totaling $2,431,368.27; voucher numbers 199065 to 199180 dated 05/12/2022 and totaling $899,061.86; voucher numbers 199181 to 199292 dated 05/19/2022 and totaling $2,207,379.28; a payroll disbursement listing dated 03/19/2022 to 04/01/2022 and totaling $898,923.89 and a payroll disbursement listing dated 04/02/2022 to 04/15/2022 and totaling $959,725.90.

(7) City Treasurer's Report - Receive and File City Treasurer's Report for March 2022.

(8) Agreement - Cal-Fire - Approve and Adopt a Contract for Wildland Protection Agreement with Cal Fire, RESOLUTION NO. R-55-22.

(9) Agreement - AT&T Consulting & Network Integration Services - Approve Ag reements with AT&T Corp. for Microsoft 365 Migration.

(10) Budget Appropriation - City Attorney Professional Services - Approve and Adopt a Budget Resolution to Appropriate Funds in the General Fund Reserves for City Attorney Professional Services, RESOLUTION NO. R-69-22.

(11) Contract Amendment - CMY Solutions - Approve the First Amendment to the Contract with CMY Solutions LLC, for Electric Engineering Support.

(12) Contract Award - Dennis Grubb & Associates LLC - Approve Contract with Dennis Grubb & Associates, LLC for Fire Department Plan Check Consultant Services.

(13) Contract Award - Electric Utility Rate Study - Award of Contract to EES Consulting for the Electric Utility Rate Study.

(14) Contract Award - Metro Builders - Approve Contract Award to Metro Builders & Engineering Group for the Hutton Center Patio Improvement Project.

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(15) Contract Amendment - Mike's Custom Flooring - Approve Change Order No. 1 to the Contract with Mike's Custom Flooring for the Colton Police Department and Informati on Systems Department Flooring Project.

(16) Emergency Update - M Street Line Repair - Approve M Street Line Repair Emergency Update and Continuance of Emergency.

(17) Contract Award & Reimbursement Agreement - ECORP / Anand Patel - Approve a Contract fo r Environmental Services with ECORP; a Reimbursement Agreement with the Applicant, and a Budget Appropriation Resolution for a 4-story hotel project (DAP-001-741), RESOLUTION R-66-22.

(18) Contract Award & Reimbursement Agreement - Kimley-Horn / Ashley Furniture - Approve Contract for Environmental Services with Kimley-Horn for the Ashley Furniture Project, Reimbursement Agreement with Applicant, and Adopt Budget Appropriation, RESOLUTION R-68-22.

(19) Grant - State Literacy Funds - Approve and Adopt a Re solution Amending Fiscal Year 2021 -2022 Budget to Receive Funding from California State Library for Literacy Programs, RESOLUTION NO.

R-45-22.

(20) Purchase - Fire Department Vehicle - Authorize the Purchase of a 2023 Chevy Silverado 2500HD for the Fire Department.

(21) Report - SB1205 California State Fire Marshal Mandated Inspections - Accept SB1205 California State Fire Marshal Mandated Inspections Report and Approve Resolution, RESOLUTION NO. R-61-22.

(22) Set Public Hearing - LLMD1 for FY22-23 - Set Public Hearing Date of June 21, 2022 to Approve and Adopt the Following Resolutions to Initiate Proceedings for the Annual Levy of Assessments for Landscape Lighting and Maintenance District I for Fiscal Year 2022/2023 , RESOLUTION NO. R -52- 22, R-53-22, and R-54-22.

(23) Set Public Hearing - LLMD2 for FY22-23 - Set Public Hearing Date of June 21, 2022 and Approve and Adopt the Following Resolutions to Initiate Proceedings for the Annual Levy of Assessments for Landscape Lighting and Maintenance District II for Fiscal Year 2022/2023, RESOLUTION NO. R-56- 22, R-57-22, & R-58-22.

(24) Set Public Hearing – Storm water Fees - Set the Public Hearing Date of June 21, 2022 for the Basic Fee for Storm Water Services and Storm Water Management User Fee.

(25) Contract Amendment - KOA Corporation - Approve Amendment No. 1 for the KOA Corporation Professional Service Agreement to for the Reche Canyon Road Realignment to Hunts Lane Project, RESOLUTION NO. R-46-22.

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

CITY MANAGER'S REPORTS
None

ADJOURNMENT
At 7:57 p.m.. Mayor Navarro adjourned the Regular Council Meeting

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_________________________________
Carolina R. Padilla
City Clerk

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ITEM NO. 5

STAFF REPORT

DATE: JUNE 21, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE VOUCHER NUMBERS 199293 TO 199436 DATED 05/26/2022 AND TOTALING $2,224,569.07; VOUCHER NUMBERS
199437 TO 199484 DATED 06/02/2022 AND TOTALING $309,724.23; A PAYROLL DISBURSEMENT LISTING DATED 04/16/2022 TO
04/29/2022 AND TOTALING $938,442.55 AND A PAYROLL
DISBURSEMENT LISTING DATED 04/30/2022 TO 05/13/2022 AND TOTALING $885,730.34.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve voucher numbers 199293 to 199436 dated 05/26/2022 and totaling $2,224,569.07; voucher numbers 199437 to 199484 dated 06/02/2022 and totaling $309,724.23; a payroll disbursement listing dated 04/16/2022 to 04/29/2022 and totaling $938,442.55 and a payroll disbursement listing dated 04/30/2022 to 05/13/2022 and totaling $885,730.34.

BACKGROUND

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

ISSUES/ANALYSIS

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

FISCAL IMPACTS

None.
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ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Fund Number and Title Legend

2. Voucher lists

3. Payroll Registers
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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. 6

STAFF REPORT

DATE: JUNE 21, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TOM CODY, HUMAN RESOURCES DIRECTOR
SUBJECT: APPROVE JOINING THE PUBLIC ENTITY RISK MANAGEMENT AUTHORITY (PERMA) FOR THE 2022-2023 CITY INSURANCE
PROGRAM, RESOLUTIONS R-77-22, R-78-22, R-79-22, R-80-22, R- 84-22.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the City of Colton joining the Public Entity Risk Management Authority (PERMA) for City insurance purposes.

1. Approve Resolution No. R-77-22. Master Bond Crime Coverage - all Officers and Employees

2. Approve Resolution No. R-78-22. Approving execution of the Joint Powers Agreement creating the Public Entity Risk Management Authority (PERMA)

3. Approve Resolution No. R-79-22. Authorizing application to the Director of Industrial Relations, State of California for a Certificate of Consent to Self-Insured Workers Compensation Liabilities

4. Approve Resolution No. R-80-22. Authorizing and approving pooling of self-insurance through the Workers Compensation Program of Public Entity Risk Management Authority (PERMA)

5. Approve Resolution No. R-84-22. Authorizing participation in the Employment Risk Management Authority (ERMA)

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BACKGROUND

Staff has conducted a comprehensive analysis of City insurance protections to present the City Council with possible options to strengthen our insurance coverage while lowering cost and litigation exposure for the 2022-2023 fiscal year.

Since 2015, the City of Colton has acquired commercial insurance for liability, workers compensation, property, auto and other ancillary coverages above the City’s self -insured retention. Prior to 2015, the City participated in the Independent Cities Risk Management Authority (ICRMA) municipal insurance pool with other governmental entities. The cost for the City’s current commercial insurance coverage increased 71% from approximately $909,000 in FY2020-21 to $1.6 million in FY2021-22. In addition, the City budgets app roximately $3.6 million to pay possible claims, commonly liability and workers compensation claims. These increased costs are caused by the litigious nature of municipal operations combined with a significant increase in jury trial awards, settlements , and City experience or incurred losses over the past decade.

There are a few components to look at when evaluating municipal insurance coverage. These are the cost for coverage, the amount of coverage , and the defined exposure of coverage. The defined exposure of coverage is the City’s self-insured retention (SIR), or City deductible for a claim. Attachment seven (7) shows the City of Colton’s historical SIR’s since 2000. A decade ago (2012) the City had a Liability SIR of $500,000 and a Workers’ Compensation (W/C) SIR of $250,000, meaning the City was liable to pay up to those amounts for any claims that resulted in losses. The current SIR for FY2021-22 are:

 General liability - $2mil SIR per occurrence
 Law Enforcement Liability - $3mil SIR per occurrence
 Worker's Compensation - $1mil for Electric, Police and Fire employees; $750K for all remaining employees.

These current Liability SIR levels are excessive and are more consistent for Cities four to five times larger than the City of Colton.

ISSUES/ANALYSIS

Six (6) months ago staff solicited renewal numbers for the upcoming 2022 -23 fiscal year from our current commercial broker, Arthur J. Gallagher. We also approached and solicited quotes from two (2) municipal and public entity insurance pools, the Indep endent Cities Risk Management Authority (ICRMA), and the Public Entity Risk Management Authority (PERMA).

The difference between these three sources is first, commercial insurance is stand -alone insurance in which our own experience and losses dictate fut ure premiums. Governmental pool insurance such as ICRMA and PERMA occurs when multiple government entities join to share 6 Packet Pg. 157
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risk and costs. The ICRMA Pool includes 16 Southern California municipal cities (see Attachment 2), mainly from Los Angeles County. The PERMA pool (see Attachment 2) includes 31 municipal and other government entities, primarily from the Inland Southern California and East San Diego County. The City’s current commercial insurance program provides excess policy coverage up to $35 million p er occurrence. The ICRMA per occurrence Pool limit is $35 million and PERMA’s per occurrence pool limit is $50 million.

Another factor to consider is the level of services and shared exp erience that pools provide versus commercial insurance. With commerci al insurance, all risk and safety programs such as training and risk control activities are internally generated by Colton staff. With shared pool coverage, each pool provides their member agencies staff that provides support for the Liability, Workers’ Compensation and Loss Control programs. Attendance at pool governing board meetings is valuable where all these agencies come together and discuss claims, trends, risk control activities and shared experiences.

Regarding cost, see Attachments one (1) for a more complete analysis but the quotes for coverages from these three (3) sources are:

Commercial Ins. ICRMA PERMA

$2,537,787 $3,224,000 $2,327,122

Regarding liability exposure, the self-insured retention’s (SIR’s) per incident are as follows:

Commercial Ins. ICRMA PERMA

General liability: $2mil $1mil $500K
Law enforcement liability: $3mil $1mil $500K Worker's Compensation: $1mil/$750K $500K $500K

In the past month staff has attended the Governing Board meeting for both the ICRMA and PERMA Pools, and both boards approved the admission of the City of Colton’s entry into their respective groups.

Staff strongly recommends the City of Colton join PERMA beginning July 1, 2022. Approval of the attached resolutions will facilitate the City’s admission.

Joining PERMA would trigger the following actions:
 Staff will bring to the PERMA Governing Board meeting in July a slate of BB&K attorneys for approval to continue to handle City of Colton litigation matters. This is an administrative function and staff does not anticipate any problems. 6 Packet Pg. 158
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 The City will have a 3 -month transition (9/1/22) from our current TPA for Liability and Workers Compensation (Tri-Star) to PERMA TPA choices. This will allow a smooth transition of data and services.
 The City will need to establish a Trust Account for the Liability program. One already exists for Workers Compensation program.
 PERMA Liability does not cover employment practices liability (EPL) cases (wrongful terminations, Harassment, etc.). For this coverage the entire PERMA Pool is a member of the Employment Risk Management Authority (ERMA) pool, which is a statewide joint powers authority designed to provide broad coverage and tailored loss prevention services to reduce the employment practices liability (EPL) exposures of California public entities.
 There is a 3-year commitment with joining PERMA.
 Unlike ICRMA, PERMA does not have any exit fees if an entity wishes to leave the pool.

There are ancillary insurance coverages that the City will need to maintain with stand -alone commercial insurance at this time.

Estimates
Electric plant - property (Electric Fund) 8/1/22 $230K 457 Plan Fiduciary Insurance 7/1/22 $4.5K
Cyber 7/1/22 $34K
Drone (if needed) $4.6K
Earth Movement (Enterprise & General Funds) 9/1/22
13 City facilities ($27mil Val) (Enterprise & General Funds) $180K 6 Enterprise facilities ($95mil Val) (Enterprise & General Funds)
$10mil limit $250K
$25mil limit $342K

City Staff will bind the Electric Plant property Insurance for 8/1/22, the Cyber and Fiduciary coverage 7/1/22, and will bring back to Council a staff report on earth movement coverage to be binded by 9/1/22.

FISCAL IMPACTS

Approval of membership with PERMA will reduce our FY2022-2023 cost for insurance coverage over commercial insurance and greatly reduce the City’s liability exposure. The PERMA estimate, plus coverage for Cyber and Fiduciary insurance, will cost approx imately $2,365,622. Sufficient appropriations for PERMA membership are available in the adopted FY2022 – 23. F unds have been budgeted for premiums and claims in the Insurances Fund as follows:

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For Premiums: $2.5 million
For Worker’s Compensation claims paid: $2.185 million
For Liability claims paid: $2.1 million

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Attachment 1 2022-2023 Insurance Pool-Commercial Insurance Comparison Spread Sheet

2. Attachment 2 ICRMA and PERMA Insurance Authority Pool Members

3. Attachment 3 PERMA Estimate and Staff Report

4. Attachment 4 PERMA Resolutions

5. Attachment 5 ICRMA Estimate and Staff Report

6. Attachment 6 Commercial Renewal Estimate

7. Attachment 7 Colton Historical Self Insured Retentions (SIR’s) 6 Packet Pg. 160

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ITEM NO. 7

STAFF REPORT

DATE: JUNE 21, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: DEB FARRAR, COMMUNITY SERVICES DIRECTOR
SUBJECT: APPROVE AND ADOPT A RESOLUTION AMENDING FISCAL YEAR 2022-2023 BUDGET TO RECEIVE AMERICAN RESCUE

PLAN ACT (ARPA) FUNDS FROM COUNTY OF SAN

BERNARDINO FOR COLTON BIKE PATH AND ELIZABETH DAVIS
PARK IMPROVEMENTS, RESOLUTION R-85-22.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Adopt Resolution No. R-85-22 to accept ARPA Funds from the County of San Bernardino for Colton Bike Path and Elizabeth Davis Park improvements; and

2. Amend the Fiscal Year 2022-2023 Budget to reflect the receipt of $2,465,594; and

3. Authorize the City Manager to execute all funding contracts necessary to proceed.

BACKGROUND

On March 11, 2021, the American Rescue Plan Act (ARPA) was signed into law and established the $350 billion Coronavirus State and Local Fiscal Recovery Fund to distribute much needed resources to state and local governments throughout the nation. Of that amount, San Bernardino County has been allocated $423.5 million, creating an unprecedented opportunity to not only rebuild from the pandemic, but to immediately invest in transformative public service projects that would otherwise remain far into the future.

On June 8, 2021 (amended on August 24, 2021), the County Board of Supervisors took its initial step towards investing the funds by passing the San Bernardino County Local Fiscal Recovery Fund Spending Plan. This plan allocated the County’s full $423.5 million through December 31, 7 Packet Pg. 230
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2024 into three distinct spending categories and numerous subcategories that aligned with the overarching goal of rebuilding stronger communities in respo nse to th e pandemic, through Pandemic Response, Economic Recovery and Government Operations.

As the primary local government response to the COVID -19 pandemic, the County understands the importance of developing the most efficient and effective programs and servi ces for its residents. It also recognizes the integral role the County Board of Supervisors play in understanding and advocating for the needs of their particular residents. As a result, the Board of Supervisors has allocated a total of $35 million in ARPA funds towards a “District Specific Priorities Program” in recognition that each supervisorial district has been uniquely impacted by the pandemic. Given that needs in infrastructure and investment vary by region, these funds have been allocated a t the dir ection of individual members of the Board of Supervisors to target projects and needs for their district that are within the Interim Final Rule’s guidelines.

ISSUES/ANALYSIS

Through the Fifth District County Supervisor Joe Baca Jr., the City of Colton submitted two improvement projects for considerat ion, Colton Bike Path and Elizabeth Davis Park. After careful review by the County ARPA team, b oth projects meet guidelines and funding has been allocated in the following amounts:
 Elizabeth Davis Park (not-to-exceed amount of $1,890,594)  Colton Bike Path Project (not-to-exceed amount of $575,000).

Elizabeth Davis Park Improvements
Located in 1055 West Laurel, Davis Park is a 6.34-acre park that serves the surrounding community with basketball courts, tenn is courts, picnic shelters, a softball field, and a playground. The age of Elizabeth Davis Park and the lack of investment and inadequate resources have led to extreme deterioration and dilapidation of the park facilities, not offering the most conducive o utdoor recreational outlets for our communities. It became apparent during the COVID -19 pandemic, that our community did not have safe and equal access to recreational areas such as parks or open spaces. By improving this park, we can mitigate negative im pacts of COVID -19 by promoting healthier living environments and outdoor recreation and socialization.

The funding would be allocated to rehabilitating and i mproving the existing park amenities which would include but are not limited to: u pgraded restroom s, new scoreboards, water fountains, trash receptacles, graffiti management, a small dog park area, new park amenities (benches/tables/fixtures), surface improvement to tennis courts , ADA compliance, parking lot rehabilitation, security cameras and lighting.

Colton Bike Path
In 2008, the Colton Avenue Bike Path was constructed on an abandoned train route. The project is a 2.0 mile long Class I bike and pedestrian route along Colton Av enue (1.20 7 Packet Pg. 231
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mi.) in the City of Colton and Inland Center Drive (0.80 mi.) in the City of San Bernardino. Colton Bike Path is situated adjacent to various point of interests such as Alice Birney Elementary School, Chavez Park, Gonzalez and Hutton Community Center, and commercial centers. The Colton Bike Path segment is located along residential and commercial neighborhood within a designated census tract with low to moderate income percentage ranges from 32.5 to 71.19 percent. The estimated cost of the project is $575,000 and the project limit is from 10th/G Street i ntersection to Colton city limit with the City of San Bernardino.

The project will upgrade the existing bike path along Colton Avenue especially the landscaping, striping and signage. Upgrade of bike lane striping and signs are anticipated to enhance the safety of th e bike lane crossings on seven street intersections. The path initially had minimal landscaping and irrigation system that deteriorated over the years and resulted in the path landscaping deteriorating. Even with poor landscaping, the path is heavily used by pedestrians and bicyclists as a safe route through the City for walking and cycling.

In order to move the project forward, the County has provided ARPA specific terms and provisions in a Board-approved sub-recipient contract template, see attached. It is recommended that City Council approve resolution R -85-22, to accept the funding, amend the FY 2022 -23 budget and authorize the City Manager to execute the contracts necessary.

FISCAL IMPACTS

Funds must be obligated by December 31, 2024 and fully expended to cover these obligations by December 31, 2026. Adoption of Resolution R-85-22 increases revenue in Miscellaneous Grants Fund:

Revenue account number
225-5846-022 by $2,465,594

Expenditure accounts
225-6200-6235-3890-0000-000 Elizabeth Davis Park $1,890,564 225-6200-6236-3890-0000-000 Colton Bike Path $ 575,000

ALTERNATIVES

 Provide staff alternative direction

ATTACHMENT

1. R-85-22 ARPA Funds for Park Projects

2. CON-CAO - ARPA CLFRF Contract Template

3. EXHIBIT A - DAVIS PARK SCOPE

4. EXHIBIT A - Bike Path Scope of Expenditures
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RESOLUTION NO. R-85-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COL TON

APPROVING THE ACCEPTANCE ARPA FUNDS FOR IMPROVEENT

PROJECTS AT ELIZABETH DAVIS PARK AND THE COLTON BIKE PATH AND AMEND THE FY 2022-2023 BUDGET.

WHEREAS, On March 11, 2021, the American Rescue Plan Act (ARPA) was signed into law and established the $350 billion Coronavirus State and Local Fiscal Recovery Fund to distribute much needed resources to state and local governments throughout the nation; and

WHEREAS, On June 8, 202 1 (amended on August 24, 2021), the County’s Board of Supervisors took its initial step towards investing the funds by passing the San Bernardino County Local Fiscal Recovery Fund Spending Plan. This plan allocated the County’s full $423.5 million through December 31, 2024 into three distinct spending categories and numerous subcategories that aligned with the overarching goal of rebuilding stronger communities in response to the pandemic, through Pandemic Response, Economic Recovery and Government Operations; and

WHEREAS, as the primary local government response to the COVID -19 pandemic, the County understands the importance of developing the most efficient and effective programs and services for its residents. It also recognizes the integral role the Coun ty’s Board of Supervisors play in understanding and advocating for the needs of their particular residents. As a result, the Board of Supervisors has allocated a total of $35 million in ARPA funds towards a “District Specific Priorities Program” in recogni tion that each supervisorial district has been uniquely impacted by the pandemic. Given that needs in infrastructure and investment vary by region, these funds have been allocated at the direction of individual members of the Board of Supervisors to target projects and needs for their district that are within the Interim Final Rule’s guidelines; and

WHEREAS, through County of San Bernardino, Fifth District Board Member Joe Baca Jr, the City of Colton has been allocated funding for the following improvement project(s):

Elizabeth Davis Park (not-to-exceed amount of $1,890,594) Colton Bike Path Project (not-to-exceed amount of $575,000).

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NOW, THEREFORE, BE IT RESOLVED that the City Council hereby:

1. Authorizes the City Manager, or designee to conduct all negotiations, sign and submit all necessary contracts and reports; and

2. Amends the FY 2022-23 budget to increase revenue and expenditure appropriations the Miscellaneous Grants Fund in the accounts and amounts below:

REVENUE 225-5846-022 $2,465,594

EXPENDITURE
225-6200-6235-3890-0000-000 Elizabeth Davis Park $1,890,564 225-6200-6236-3890-0000-000 Colton Bike Path $ 575,000

PASSED, APPROVED AND ADOPTED this 21st day of June 2022.

________________________________________
FRANK J, NAVARRO, Mayor

ATTEST:

CAROLINA R. PADILLA, City Clerk

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THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY

County Administrative Office

Department Contract Representative [Enter Department Contact Name] Telephone Number [Enter Phone Number]

Contractor [Enter Contractor Legal Name]
DUNS No. [Enter DUNS Number]
Contractor Representative [Enter Contractor Representative] Telephone Number [Enter Phone Number]
Contract Term [Start Date] through [End Date]
Original Contract Amount $[Enter Amount]
Amendment Amount $[Enter Amount]
Total Contract Amount $[Enter Amount]
Cost Center [Enter Cost Center from SAP]
Internal Order (If Applicable) [Enter Internal Order from SAP]

CONTRACT BETWEEN SAN BERNARDINO COUNTY AND [ENTER CONTRACTOR LEGAL NAME] RELATED TO THE AMERICAN RESCUE PLAN ACT AND THE CORONAVIRUS LOCAL

FISCAL RECOVERY FUND

WHEREAS, on March 4, 2020, the State of California declared a state of emergency as a result of the Coronavirus Disease 2019 (COVID-19) outbreak and on March 13, 2020, by Proclamation 9994, the President declared a national emergency concerning the COVID -19 pandemic. The COVID -19 pandemic continues to cause significant risk to the public health and safety of the United States; and

WHEREAS, on March 11, 2021, the American Rescue Plan Act (ARPA) was signed into law by the President and the law is intended to combat the COVID-19 pandemic, including the public health and economic impacts; and

WHEREAS, pursuant to Sectio n 9901 of the ARPA, San Bernardino County (County) received a disbursement from the Unite d States Department of the Treasury of money associated with the Coronavirus Local Fiscal Recovery Fund (CLFRF) for Local Governments under Sect ion 603(a) [see 42 U.S.C. Section 803]; and

WHEREAS, the County agreed to comply with the United States Department of the Treasury Coronavirus State Fiscal Recovery Fund Award Terms and Conditions (Terms and Conditions), including Assurance of Compliance with Title VI of the Civil Rights Act of 1964 ( Assurance of Compliance with Civil Rights Requirements), identified in the U nited States Department of the Contract Number

SAP Number

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Treasury and San Bernardino County Agreement (OMB Approved No. 1505 -0271) (U nited States Department of the Treasury Agreeme nt), which is on file with the County and incorporated herein by this reference; and

WHEREAS, the Assistance Listing Number (ALN)/Federal Assistance Identification Number (FAIN) for the ARPA CLFRF is 21.027/SLT-0628 respectively; and

WHEREAS, the ARPA provides that payments from the CLFRF may be used for the following : i) to respond to the public health emergency with respect to COVID -19 or its negative economic impacts, including assistance to househol ds, small businesses, and nonprofits, or aid to impa cted industries such as tourism, travel, and hospitality ; ii) to respond to workers performing essential work during the COVID–19 public health emergency by providing premium pay to eligible workers that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work ; iii) for the provision of government services to the extent of the reduction in revenue due to the COVID –19 public healt h emergency relative to revenues collected in the mo st recent full fiscal year prior to the emergency; or iv) to make necessary investments in water, sewer, or broadband infrastructure; and

WHEREAS, funding provided under ARPA CLFRF must be obligated by D ecember 31, 2024 and expended by December 31, 2026; and

WHEREAS, the County desires to transfer and [Enter Contractor Name] (Contractor) desires to accept a transfer from ARPA CLFRF in the amount of $ [Enter Amount] for expenditures identified in Exhibit “A” related to [Enter Funding Purpose (brief/direct description)].

NOW, THEREFORE, in consideration of the above, the County and Contractor agree as follows:

1. THE ARPA CLFRF
A. This Contract applies to the following ARPA CLFRF transfers:

The transfer by the County of an amount not to exceed $[Enter Amount] to Contractor on a reimbursement basis for expenditures identified in Exhibit “A”. Exhibit “A” is attached hereto and incorporated herein by this reference. County acknowl edges and agrees that Contractor will be administering the transfer of funds for th e expen ditures identified in Exhibit “A” by separate contracts. Contractor shall provide the County quarterly reports of actual cash expenditures to date u nder this Contract, and estimated cash expenditures through December 31 st of each year. County, through its Chief Executive Officer (CEO), in the CEO’s sole discretion, reserves the right to reduce the transfer amount identified in this Contract with fifteen (15) days advance written notice provided to Contractor. The reduction would be based: A) on Contractor’s estimated cash expenditures through December 31st of each year ; B) a later determination by the United States Depa rtment of the Treasury, or County, that the costs identified in this Contract are ineligible for ARPA CLFRF; or C) a determination by CEO the funds should be utilized in a different manner.

B. Contractor certifies that the use of funds that will be submitted for reimbursement from the CLFRF under Paragraph 1. A. and Exhibit “A ” of this Contract will be used only to cover those costs that: i) [Insert Expenditure Category ]; and ii) were incurred during the period that begins [Start Date ], and will end [End Date ]. For purposes of this Contract and pursuant to federal guidance, expended or obligated costs are costs incurred by Contractor during the tim e period referenced above that are allowable for reimbursement. Any cost obligated by Contractor as of December 31, 2024, must be expen ded by December 31, 2026, to meet the eligible costs timeframe as defined by the U nited States Department of the Treasury.

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C. Contractor agrees that the funds provided pursuant to this Contract cannot be used: i) as a revenue replacement for lower than expected tax or other revenue collections; ii) for expenditures for which Contractor has received any other emergency COVID -19 supplemental funding (whether federal, state, or private in nature) for that same expense ; or iii) as a deposit into any pension fund.

D. Contractor shall prepare and submit to County an invoice for reimbursement of eligible funding expenses identified in Paragraph 1.A., above. Invoices may be submitted to County as frequently as monthly. Invoices will be reviewed and approved for compliance with terms of this Contract. County shall reimburse to Contractor the amount of approved invoices submitted within sixty (60) days of receipt. If an invoice is rejected, or revisions are requested, Contractor will work with County to submit the required revisions.

E. Both County and Contractor agree to comply with any and all ARPA CLFRF requirements, including but are not li mited to the terms included in this Contract , as well as any and all applicable Coun ty, Contractor, State, and Federal laws, regulations, policies and procedures pertaining to the funding described in this Contract. County and Contractor shall comply with Title 2 Code of Federal Regulations ( C.F.R.) Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), including, but not limited to, Title 2 C.F.R. Section 200.303 (internal control), Title 2 C.F.R. Sections 200.331 through 200.333 (subrecipient monitoring and management), and Title 2 C.F.R. Part 200 S ubpart F (audit requirements), as these sections currently exist or may be amended . The use of funds must also adhere to official f ederal guidance issued or to be issued on what constitutes a n eligible expenditure. Any funds expended by Contractor or its subcontractor(s) in any manner that does not adhere to official federal guidance shall be returned to the County. Contractor agrees to comply with all official guidance regarding the ARPA CLFRF. County and Contractor also agree that as additional federal guidance becomes available, a n amendment to this Contract may become necessary. If an amendment is required, Contractor agrees to promptly execute the Contract amendment.

F. Contractor shall retain documentation of all uses of the funds, including but not limited to invoices and/or sales receipts in a manner consistent with Title 2 C.F.R. Section 200.334 (retention requirements for reco rds). Such d ocumentation shal l be produced to County upon request and may be subject to audit. Unless otherwise provided by Federal or State law (whichever is the most rest rictive), Contractor shall maintain all documentation connected with its performance under this Contract for a minimum of five (5) years from the date of the last payment made by County or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of the County, the State o r the United States Government during normal business hours at Contractor. Copies will be made and furnished by Contractor upon written request by County.

G. Contractor shall establish and maintain an accounting system conformi ng t o Genera lly Accepted Accoun ting Principles (GAAP) to support Contractor’s requests for reimbursement which segregate and accumulate costs of Contractor and produce monthly reports which clearly identify reimbursable costs, matching fund costs (if applicable), and other allowable exp enditures by Contractor. Contractor shall provide a monthly report of expenditures under this Contract no later than the 20th day of the following month.

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H. Contractor shall cooperate in having an audit completed by County, at County’s option and expense. Any audit require d by A RPA CLFRF and i ts regulation and United States Treasury guidance will be completed by Contractor at Contractor’s expense.

I. Contractor shall repay to County any r eimbursement for ARPA CLFRF funding that is determined by subsequent audit to be unallowable under the ARPA CLFRF within the time period required by the ARPA CLFRF, but no later than one hundred twenty (120) days of Contractor receiving notice of audit findings, which time shall include an opportu nity for Contractor to respond to and/or resolve the findings. Should the findings not be otherwise resolved and Contractor fail to reimburse moneys due County within one hundred twenty (120) days of audit findings, or within such other period as may be a greed between both parties or re quired by the ARPA CLFRF, County reserves the right to withhold future payments due Contractor from any source under County’s control.

J. Contractor shall accept all payments from County via electronic funds transfer (EFT) directly deposite d into the Contra ctor’s designated checking or other bank account.

Contractor shall promptly comply with directio ns and accurately complete forms provided by County required to process EFT payments.

K. County is exempt from Federal excise taxes and no paymen t shall be made f or any personal property taxes levied on Contractor or on any taxes levied on employee wages.

The County shall only pay for any State or local sales or use taxes on the services rendered or equipment and/or parts supplied to the County pursuant to the Contract.

L. Funds made available under this Contract shall not supplant any federal, state or any governmental funds intended for services of the same nature as this Contract. Contractor shall not claim reimbursement or payment fr om County for, or apply sums re ceived from County with respect to that portion of its obligations that have been paid by another source of revenue. Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirec tly, as a cont ribution or compen sation for purposes of obtaining funds from another revenue source without prior written approval of the County.

M. County shall only reimburse costs incurred through the dates identified in Exhibit “A”. Contractor requirements in Sections 1, 2 and 5 of this Contract shall survive the termination of this Contract. The costs to be reimbursed under this Contract do not include Research and Development as defined in Title 2 Code of Federal Regulations ( C.F.R.) Section 200.1, nor do they include indirect costs.

2. AMERICAN RESCUE PLAN ACT REQUIREMENTS
A. This Contract may be funded in whole or in part with funds provided by the America n Rescue Plan Act - Coronavirus Local Fiscal Recovery Fund (ARPA), Federal Award Identification Number (FAIN): SLT-0628 and Assistance Listing Number (formerly known as a CFDA number): 21.027 , and therefore Contractor agrees to comply with any and all ARPA requirements in addition to any and all applicable County, State, and Federal laws, regulations, policies, and procedures pertai ning to the funding of this Contract. The use of the funds must also adhere to official federal guidance issued or to be issued on what constitutes a necessary expenditure. Any funds expended by Contractor or its subcontractor(s) in any manner that does n ot adhere to t he ARPA requirements shall be returned or repaid to the County. Any funds paid to Contractor: i) in excess of the amount to which Contractor is finally determined to be authorized to retain; ii) that are determined to have been misused; or i ii) that are d etermined to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid, shall constitute a debt to

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the federal government. Contractor agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to the Act, and guidance issued by Treasury regarding the foregoing. Contractor shall provide for such compliance in any agreements with subcontractor(s).

B. Contractor agrees to comply with all applicable federal laws and regulations, including but not limited to all laws and regulations identified in Section 2 of the Contract.

C. In accordance with Title 2 C.F.R. Section 200.322, the non-Federal Contractor should, to the greatest extent practicable under a Federal a ward, provi de a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purpose s of this section: “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from th e initial melting stage through the application of coatings, occurred in the United States. “Manufactured products” means items and construction materials composed in whole or in part of non -ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

D. In accordance wit h Title 2 C.F.R. Section 200.471, costs incurred for telecommunications and video surveillance services or equipment such as pho nes, internet, video surveillance, cloud servers are allowable except for the following circumstances: Obligating or expending covered telecommunications and video surveillance services or equipment or services (as described in 2 C.F.R. Section 200.216) to: 1) Procure or obtain, extend or renew a contract to procure or obtain; 2) Enter into a contract (or extend or renew a contract ) to procure; or 3) Obtain the equipment, services, or systems, as described in Title 2 C.F.R. Section 200.216 that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as pa rt of any system. As described in Public Law 115 -232, section 889, covered telecommunications equipment is telecommunications eq uipment pro duced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities) and: (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, an d ot her nat ional security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corpor ation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entiti es); (ii) Telecommunications or video surveillance services provided by such e ntities or using such equipment ; and (iii) Telecommunications or video surveillance equipment or services produced or provided by a n entity that the Secretary of Defense, in cons ultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably belie ves to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. In implementing the pro hibition under Public Law 115 -232, section 889, subsection (f), paragraph (1), heads of executive agencies administer ing loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions a nd organizations as is reasonably necessary for those affected entities to transition from covered communications equ ipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.

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E. A non-Federal Contractor that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act . The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at Title 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with mainta ining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acq uired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes en ergy and re source recovery; and establishing an affirmative procurement program for procurement of recovered materials identifie d in the EPA guidelines.

F. Byrd Anti-Lobbying Amendment (31 U.S.C. Section 1352) - Contractors that apply or bid for an award exc eeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Fe deral appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obt aining any Federal contract, grant or any other award covered by Title 31 U.S.C. Section 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

G. Clean Air Act (42 U.S.C. Sections 7401-7671q.) and the Federal Water Pollution C ontrol Act (33 U.S.C. Sections 1251-1389), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pur suant to the Clean Air Act (42 U.S.C. Sections 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. Sections1251-1389).

H. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under Title 37 C.F.R. Section 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a sma ll business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Title 33 U.S.C. Sections 1251-1387 recipient or subrecipient mu st comply with the requirements of Title 37 C.F.R. Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

I. Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 3701-3708). Where applicable, all contracts awarded by the non-Federal Contractor in excess of $100,000 that involve the employment of mechanics or laborers must include a provi sion for compliance with Title 40 U.S.C. Sections 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5). Und er Title 40 U.S.C. Section 3702 of the Act, each contractor must be required to compute the wages of every mechanic a nd laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided th at the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.

The requirements of Title 40 U.S.C. Section 3704 are applicable to construction work and provide that no la borer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardou s or dangerous to health or safety .

These requirements do not apply to the purchases of supplies or materials or articles

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ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

J. Davis-Bacon Act, as amended (40 U.S.C. Sections 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2 ,000 awarded by non- Federal entities must include a provision for compliance with the Davi s-Bacon Act (40 U.S.C. Sections 3141-3148) as supplemented by Department of Labor regulations (29 C.F.R. Part 5, “Labor Standards Provisions Applicable to Contracts C overing Fed erally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wage s to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal contractor must pla ce a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to a ward a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal Contractor must report all suspected or reported violations to the Federal awarding agency.

The contracts must also include a provision for co mpliance wi th the Copeland “Anti - Kickback” Act ( 18 U.S.C. Section 874 and 40 U.S.C. Section 3145), as supplemented by Department of Labor regulations (29 C.F.R. Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal contractor must report all suspected or reported violations to the Federal awarding agency.
i. The Contractor and all Subcontractors and Sub -subcontractors are required to pay their employees and workers a wage not less than the minimum wage for the work classification as specified in both the Federal and Cali fornia wage decisions. See Exhibit “B” for additional information regarding California Prevailing Wage Rate Requirements and the applicable general prevailing wage determinations which are on file with the County and are available to any interested party on request . The higher of the two applicable wage determinations, either California prevailing wage or Davis -Bacon Federal prev ailing wage, will be enforced fo r all applicable work/services under this Contract.

K. Contracts for more than the simplified ac quisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defens e Acquisition Regulations Council (Councils) as authorized by Title 41 U.S.C. Section 1908, must address administrative, contrac tual, or leg al remedies in instances where Contractors violate or breach contract terms, and provide for such sanctions and pena lties as appropriate.

L. All contracts in excess of $10,000 must address termination for cause and for convenience by the non -Federal Contractor including the manner by which it will be effected and the basis for settlement.

M. Equal Employment Opportunity. Ex cept as otherwise provided under Title 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted const ruction contract” in Title 41 C.F.R. Section 60-1.3 must include the equal opportunity clause provided under Title 41 C.F.R. Section 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal

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Employment Opportunit y,” and implem enting regulations at 41 C.F.R. part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportu nity, Department of Labor.” The identified clause is below and Contractor shall comply with the clause and all legal requiremen ts a nd include the equal opportunity clause in each of its nonexempt subcontracts.

i. The applicant hereby agrees that it will inc orporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at Title 41 C.F.R. Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or under taken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:

During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gen der identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that e mployees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin.

Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer ; re cruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants f or e mployment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, i n all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicant s wi ll receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee o r applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses th e compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or act ion, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining ag reement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

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(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pur suant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secr etary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulation s, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ine ligible for fu rther Government contracts or federally assisted construction contracts in accordance with procedures authorized i n Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of para graphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subc ontractor or vendor.

The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, howe ver, that in t he event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a r esult of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunit y clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the appl icant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining t he compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they m ay require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred fr om, or who has not demonstrated eligibility for, Government

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contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be impo sed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the admini stering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to w hich the f ailure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

N. Data Collection Requirements – Contractor agrees to collect pre-post data per County, and United States Treasury guidelines and timeline, for project tracking and monitori ng and various rep orting purposes. Data inclu ding, but not limited to: Required Project Demographic Distribution Data; Required Performance Indicators and Programmatic Data ; Required Expenditure Report Data; and Required Program Evaluation Data. Contracto r agrees to track and monitor data in a quantifiable and reportable database - retrievable collective data that needs to be avai lable to County, State or Federal governments upon request.

O. Data Submission Requirements - Contractor agrees to furnish data to the County up on request, per County, and U nited States Treasury guidelines and timeline, for project tracking and monitoring an d various reporting purposes. Data including, but not limited to:

Required Project Demographic Distribution Data; Required Perf ormance I ndicators and Programmatic Data ; Required Expenditure Report Data; Required Program Evaluation Data. Contractor agrees to track and monitor data in a quantifiable and reportable database - retrievable collective data that needs to be available at request.

P. Project Progress Reporting - Contractor agrees to provide project timeline and progress updates to the County up on req uest, per Coun ty, and United States Treasury guidelines and timeline. Contractor agrees to routine and impromptu program and pro ject evaluation by the County.

Q. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Title 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable and subject to such exceptions a s may be otherwise provided by Treasury.

Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply.

R. Universal Identifier and System for Award Management (SAM), Title 2 C.F.R. Part 25.

S. Reporting Subaward and Executive Compensation Information, Title 2 C.F.R. Part 170.

T. OMB Guidelines to Agencies on Governmentwide Debarment and Suspensi on (nonprocurement), title 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to Title 2 C.F.R. Part 180 and Treasury’s implementing regulation at Title 31 C.F.R. Part 19. Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR Section 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award

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Management (SAM), in accordance with th e OMB guidelines at Title 2 CFR 180 that implement Executive Order s 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions co ntains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

U. Recipient Integrity and Performance Matters, pursuant to which the award terms set forth in Title 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.

V. Government Requirements for Drug-Free Workplace, Title 31 C.F.R. Part 20.

W. New Restrictions on Lobbying, Title 31 C.F.R. Part 21.

X. Uniform Relocation Assistance and Real Property Acquis itions Act of 1970 (42 U.S.C.

Sections 4601-4655) and implementing regulations.

Y. Applicable Federal environmental laws and regulations.

Z. Statutes and regulations prohibiting discrimination include, without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. Sections 2000d et seq.) and Treasury’s i mplementing re gulations at Title 31 C.F.R. Part 22, which prohibit s discrimination on the basis of race, color, or national orig in under programs or activities receiving federal financial assistance.
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Sections 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. Sections 6101 et seq.), which prohibits discrimination on the basis of disab ility unde r programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
v. Title II of the Americans with Disabilities Act o f 1990 , as amended (42 U.S.C.

Sections 12101 et seq.), whi ch prohibit s discrimination on the basis of disability under programs, activities, and services provided or made a vailable by state and local governments or instrumentalities or agencies thereto.

AA. Contractor understands that making false s tatements or c laims in conn ection with the ARPA funded activities is a violation of federal law and may result in criminal, civi l, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in fede ral awards or contracts, an d/or any other remedy available by law.

BB. Any publications produced with ARPA funds must display the f ollowing language: “This project [is being] [was] supported, in whole or in part, by federal award number SLT-0628 awarded to San Bernardino County by the United States Department of Treasury.”

CC. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 19 97), Contractor is being encouraged to adopt and enforce on -the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles.

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DD. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Cont ractor is being encouraged to adopt and enforce policies that ban text messaging while driving and establishing workplace safety policies to decrease accidents caused by distracted drivers.

EE. As a recipient of federal financial assistance, the Civil Right s Restoration Act of 1987 applies, and Contractor and all subrecipients assures that it:
i. Ensures its current and future complian ce w ith Title VI of the Civi l Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, colo r, or national origin (42 U.S.C. Sections 2000d et seq.), as implemented by the Department of the Tr easury Title VI regulations at Title 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directiv es, circulars, policies, memoranda and/or guidance documents.
ii. Acknowledges that Executive Order 13166, “Improving Access to Serv ices for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Contractor understands that denying a person access to its programs, services, and activities, because of LEP is a form of national origin discrimination prohibited under T itle VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Contractor shall initiat e reasonable steps, or comply with the Department of the Treasury’s directives, to ensure LEP persons have meaningful access to its programs, services, and activities. Contractor understands and agrees that meaningful access may entail provide language as sistance services, including oral interpretation and written translation where necessary, to ensure effective communication. iii. Agrees to consi der the need for l anguage services for LEP persons during development of applicable budgets and when conducting pr ograms, services, and activities.
iv. Agrees to maintain a complaint log of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act and implementing regu lations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome.

FF. The Contractor m ust include the following language in every contract or agreement subject to Title VI and its regulations:
“The sub -grantee, contractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipie nts of federal financial assistance from excluding a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, colo r, or nation origin (42 U.S.C.

Section 2000d et seq.) , as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by refe rence and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Profi ciency” in any program or activity rec eiving federal f inancial assistance, 42 U.S.C. Sections 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement.”

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GG. Contractor shall cooperate in any enforcement or compliance review activities by the County and/or t he Department of the Treasury. Contractor shall comply with information requests, on-site compliance reviews, and reporting requirements.

HH. Contractor shall maintain r ecords and financial documents sufficient to evidence compliance with section 603(c), r egulations adopted by Treasury implementing those sections, and guidance issued by Treasury regarding the foregoing.

II. County has the right of access to records (electronic or otherwise) of Contractor in order to conduct audits or other investigations.

JJ. Contractor shall maintain records for a period of five (5) years after the completion of the contract or a period of five (5) years after the last reporting date the County is obligated with the Department of the United States Treasury, whichever is later.

KK. Contractor must disclose in writing any potential conflict of interest in accordance with Title 2 C.F.R. Section 200.112.

LL. In accordan ce with Title 41 U.S.C. Section 4712, subrecipient or Contractor may not discharge, demote, or otherwise discrimin ate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that th e em ployee reasonably believes is evidenc e of gross mismanagement of a federal contract or grant, a gross waste of federal funds , an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, o r a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.

The list of persons and entities referenced in the paragraph above includes the following: (i) A member of Congr ess or a repre sentative of a committee of Congress; (ii) An Inspector General; (iii) The Government Accountability Office; (iv) A Treasury employee responsible for contract or grant oversight or management; (v) An authorized official of the Department of J ustice or othe r law enforcement agency; ( vi) A court or grand jury; or (vii) A management officia l or other employee of recipient, subrecipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct.

Subrecipient or Cont ractor shall inform its emp loyees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.

MM. County and Contractor acknowledge that if additional federal guidance is issued, an amendment to this Contract may be necessary. In the event any of the terms in this Section 2 conflict with any other terms in the Contract, the terms in this Section 2 shall control.

3. GENERAL CONTRACT REQUIREMENTS
A. Recitals
The recitals set forth above are true and correct and incorporated herein by this reference.

B. Contract Amendments
Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to t he original Contract and approved by the person(s) authorized to do so on behalf of Contractor and County.

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C. Contract Assignability
Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part.

D. Contract Exclusivity
This is not an exclusive Contract. The County reserves the right to enter into a contract with other c ontractors for the same or similar services. The County does not guarantee or represent that the Contractor will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.

E. Attorney’s Fees and Costs
If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attor ney fees directly arising from a third -party legal action against a party hereto and payable under Indemnification and Insurance Requirements.

F. Background Checks for Contractor Personnel
Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform services; (d) do not use legal or illegal substances in any manner w hich will i mpact their ability to provide services; and (c) are not otherwise disqualified from performing the services under ap plicable law. If requested by the County and not in violation of applicable law, Contractor shall conduct a background check, a t Contractor’s sole expense, on all its perso nnel providing services. If requested by the County, Contractor shall provide the r esults of the background check of each individual to the County. Such background check shall be in the form generally used by C ontractor in its initial hiring of employees o r contracting for contractors or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12 -month period. Contractor personnel who do not meet t he C ounty’s hi ring criteria, in County’s sole d iscretion, shall not be assigned to work on County property or services, and Coun ty shall have the right, at its sole option, to refuse access to any Contract personnel to any County facility.

G. Change of Address
Contractor shall notify the County in writi ng, of any change in mailing address within ten (10) business days of the change.

H. Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.

I. Confidentiality
Contractor shall protect from unauthorized use or disclosure names and other identifying information concerning persons rec eiving services pursuant to this Contract, except for statistical information not identifying any participant. Contractor shall not use or disclose any identifying information for any other purpose other than carrying out the Contractor's obligations under this Contract, except as may be otherwise required by law. This provision will remain in force even after the termination of the Contract.

J. Primary Point of Contact
Contractor will designate an individual to serve as the primary point of contact for the Contract. Contractor or designee must respond to County inquiries within two (2) business

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days. Contractor shall not change th e primary contact without written acknowledgement to the County. Contractor will also designate a back -up point of contact in t he event the primary contact is not available.

K. Rule of Construction
The parties agree that this Contract and all agreements or documents incorporated herein shall not be subject to the rule of construction that a written agreement is construed against the party preparing or drafting that agreement.

L. County Representative
The Chief Executive Officer or his/her designee shall rep resent the Cou nty in all matters pertaining to the s ervices to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matt ers pertaining to the services/scope of Work by Contractor. If t his contra ct was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must ap prove all amendments to this Contract.

M. Damage to County Property
Contractor shall repair, or cause to be repaired, at its own cost, all dama ges to County vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or its employees or agents. Such repairs shall be made immediately after Contractor becomes aware of such damage, but in no event later than thi rty (30) days after the occurrence.

If the Contractor fails to make timely repairs, the County may make any neces sary repairs.

The Contractor, as determined by the County, shall repay all costs incurred by the County for such repairs, by cas h payment upon demand, or County may deduct such costs from any amounts due to the Contractor from the County, as determined at the County’s sole discretion.

N. Debarment and Suspension
Contractor certifies that neither it nor its principals or subcontracts is presently debarred, suspended, proposed for debarme nt, declared ineligible, or voluntarily excluded from participation in thi s transaction by any federal department or agency. (See the following United States General Services Administration’s System fo r Award Manage ment website https://www.sam.gov). Contractor further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State. An subcontracts funded by this Contract shall be with vendors that meet this certification and registration requirement.

O. Drug and Alcohol Free Workplace
In recognition of individual ri ghts to work i n a safe, healthful and productive work place, as a mater ial condition of this Contract, the Contractor agrees that the Contract or and the Contractor’s employees, while performing service for the County, on County property, or while using County equipment:
i. Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.

ii. Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.

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iii. Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contrac tor or Contractor’s employee who, as part of the performance of normal job duties and responsibilities , prescribes or administers medically prescribed drugs.

The Contractor shall infor m all employees that are performing service for the County on County property, or using County equipment, of the County’s objective of a safe, healthful and productive work place and the prohibition of drug or alc ohol use or impairment from same while performing such service for the County.

The County may terminate for defau lt or breach of this Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor’s emplo yees are determined by the County not to be in compliance with above.

P. Duration of Terms
This Contract, and all of its terms an d conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assi gns of the respective parties, provided no such assignmen t is in violation of the provisions of this Contract.

Q. Discrimination
During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of r ace, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic infor mation, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status . Contractor shall comply with Executive Orders 11246, 11 375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations a nd policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.

R. Improper Influence
Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or ind irect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.

S. Improper Consideration
Contractor shall not offer (either directly or through an intermediary) an y improper consideration such as, but not limited to cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the Co unty in an attempt to secure favorable treatment regarding this Contract.

The County, by written notice, may immediately terminate this Contract if it determines that any improper consideration as described in t he preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal an d award process.

This prohibition shall apply to any amendment, extension or evaluation process once a contract has been awarded.

Contractor shall immediately report any attempt by a Co unty officer, employee or agent to solicit (either directly or throug h an intermediary) improper consideration from Contractor.

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The report shall be made to the supervisor or manager charged with s upervision of the employee or the County Administrative Offi ce. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.

T. Informal Dispute Resolution
In the event the County determines that servic e is unsatisfactory, or in the event of any other dispute, cl aim, question or disagreement arising from or relating to this Cont ract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, they shall consult and negotiate with each ot her in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.

U. Legality and Severability
The parties’ actions under the Contract shal l comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or u nenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.

V. Licenses, Permits and/or Certifications
Contractor shall ensure that it has all necessary licenses, permits and/or certifications required by the laws of Federal, State, County, and municipal laws, or dinances, rules and regulations. The Contractor shall maintain t hese licenses, permits and/or certifications in effect for the duration of this Contract. Contractor will notify County immedia tely of loss o r suspension of any such licenses, permits and/or c ertifications. Failure to maintain a required license, permit a nd/or certification may result in immediate termination of this Contract.

W. Material Misstatement/Misrepresentation
If during th e co urse of th e administration of this Contract, the County deter mines that Contractor has made a material misstatement or misre presentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.

X. Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise al l di scretion a nd rights granted hereunder, and to give all consent s in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.

Y. Nondisclosure
Contractor shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: (1) provided by the County to Contractor or an agent of Contractor or otherwise made available to Contractor or Contractor’s agent in connection with this Contract; or, (2) acquired, ob tained, or learned by Contractor or an agent of Contractor in the performance of this Contract. For purposes of this provision, confidential information means any data, files, software, information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialize and includes, but is not limited to, technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.

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Z. Notice of Delays
Except as otherwise provided herein, when either party ha s knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, that p arty shall , within twenty -four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party.

AA. Ownership of Documents
All documents, data, products, graphics, computer programs and reports prepared by Contractor pursua nt to the Contract shall be considered property of th e County upon payment for services (and products, if applicab le). All such items shall be delivered to County at the completion of work under the Contract. Unless otherwise directed by County, Contractor may retain copies of such items.

BB. Air, Water Pollution Control, Safety and Health
Contractor shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, which apply to the work performed pursuant to this Contract.

CC. Records
Contractor shall maintain all records a nd books pertaining to the delivery of services under this Contract and demonstrate accountability for contract performance. All records shall be complete and current and comply with all Contract requi rements. Failure to maintain acceptable records shall b e considered grounds for withholding of payments for invoi ces submitted and/or termination of the Contract.

All records relating to the Contractor’s personnel, consult ants, subcontracto rs, services/scope of Work and expenses pertaining to this Contract sh all be kept in a generally acceptable accounting format. Records should include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appro priate Office of Management and Budget (OMB) Circulars, which state the administrative requirements, cost principles and other s tandards for accountancy.

DD. Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power or aut hority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.

EE. Release of Information
No n ews releases, advertisements, public announcements or photographs arising out of the Contract or Contractor’s relationship with County may be made or used without prior written approval of the County.

FF. Representation of the County
In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or age nts of the San Bernardino County.

GG. Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of

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the other party, shall not constitute a waiver of such party’s right to insist and dema nd strict compliance by the other party with the terms of this Contract thereafter.

HH. Subcontracting
Contractor shall obtain County’s written consent, which County may withhold in its sole discretion, before entering into Contracts with or otherwise engagi ng any subcontractors who may supply any part of the services to County. At County’s request, Contractor shall provide information regarding the subcontractor’s qualifications and a l isting of a subcontractor’s key personnel including, if requested by the County, resumes of proposed subcontractor personnel . Contractor shall remain directly responsible to County for its subcontractors and shall indemnify County for the actions or o missions of it s subcontractors under the terms and conditions specified in S ection 5. All approved subcontractors shall be subj ect to the provisions of this Contract applicable to Contractor Personnel.

For any subcontractor, Contractor shall:
i. Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions; and
ii. Ensure that the subcontractor follows County’s reporting formats and procedures as specified by County.
iii. Include in the subcontractor’s subcontract substantially similar terms as are provided in this Contract.

Upon expiration or termination of this Contract for any reason, County will have the right to enter into direct Contracts with any of the Subcontractors. Contractor agrees that its arrangements with Sub contractors wi ll not prohibit or restrict such Subcontractors from entering into direct Contracts with County.

II. Subpoena
In the event that a subpoena or other legal process commenced by a third p arty in any way concerning the goods or services provided under this Contract is served upon Contractor or County, such party agrees to not ify the other party in the most expeditious fashio n possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations by Contractor for County.

JJ. Termination for Convenience
The County reserves the right to terminate the Contract, for any reason, with a thirty (30) day written notice of termination. The County’s Chi ef Executive Officer is authorized to terminate this Contract. Such termination may include all or part of the se rvices described herein. Upon such termination, payment will be made to the Contractor for services rendered and expenses reasonably incurred prior to the effective date of termination. Upon receipt of termi nation notice Contractor shall promptly discont inue services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports.

KK. Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.

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LL. Venue
The parties acknowledge and agree that this Contract was entered into and in tended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party an d filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, San Bernardino District.

MM. Conflict of Interest
Contractor shall make all rea sonable effort s to ensure that no conflict of interest exists between its officers, employees, or subcontractors and the County. Contractor shall make a reasonable effort to prevent employees, Contractor, or members of governing bodies from using their positions for purposes that are, or give the appearance of being motivated by a desire for private gain for themselves or others s uch as those with whom they have family business, or other ties. Officers, employees, and agents of cities, counties, districts , and other local agencies are subject to applicable conflict of interest codes and s tate law. In the event the County determin es a conflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, may be di sallowed by the County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor’s officers, employees, or agents have family, business, or other ties so long a s the employment of such persons does not result in increased costs over those associated with the employment of a ny other equally qualified applicant.

NN. Copyright
County shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and herea fter, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under this Contrac t in cluding th ose covered by copyright, and reserves the right to authorize others to u se or reproduce such material. All such materials developed under the terms of this Contract shall acknowledge the San Bernardino County as the funding agency and Contr actor as the c reator of the publication.

No such materials, or properties produced in wh ole or in part under this Contract shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the exp ress written consent of County. Copies of all educational and training materials, curric ula, audio/visual aids, printer materia l, and periodicals, assembled pursuant to this Contract must be filed with the County prior to publication.

OO. Iran Contracting Act
IRAN CONTR ACTING ACT OF 2010, Public Contract Code Sections 2200 et seq. (Applicable for all Contracts of one million dollar s ($1,000,000) or more). In accord ance with Public Contract Code Section 2204(a), the Contractor certifies that at the time the Contract is s igned, the Contractor signing the Contract is not identified on a list creat ed pursuant to subdivision (b) of Public Contract Code Section 2203 as a person (as defined in Public Contract Code Section 2202(e)) engaging in investment activities in Iran described in subdivisi on (a) of Public Contract Code Section 2202.5, or as a pers on described in subdivision (b) of Public Contract Code Section 2202.5, as applicable.

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Contractors are cautioned that making a false certification may subject the C ontractor to civil penalties, termination of existing contract, and ineligibility to bid o n a contract for a period of three (3) years in accordance with Public Contract Code Section 2205.

PP. California Consumer Privacy Act
To the extent applicable, if Contractor is a business that collects the personal information of a consumer(s) in performing services pursuant to this Contract, Co ntractor must comply with the provisions of the California Consumer Privacy Act (CCPA). (Cal. Civil Code Sections 1798.100, et s eq.). For pu rposes of this provision, “business,” “consumer,” and “personal information” s hall have the same meani ngs as set f orth at Civil Code Section 1798.140. Contractor must contact the County immediately upon receipt of any request by a consumer su bmitted pursua nt to the CCPA that requires any action on the part of the County, including b ut not limited to, providing a list of disclosures or deleting personal information. Contractor must not sell, market or otherwise disclose personal information of a consumer provided by the County unless specifically authorized pursuant to terms of this Contract. Contractor must immediatel y provide to the County any notice provided by a consumer to Con tractor pursuant to Civil Code Section 1798.150(b) alleging a vi olation of the CCPA, that involves personal information received or maintained pursuant to th is Contract. Contractor must immedi ately notify the County if it receives a notice of violation from the California Attorney General pursuant to Civil Code Section 1798.155(b).

QQ. Prevailing Wage Laws
By its execution of this Contract, Contractor certifies that it is aware of the requirem ents of California Labor Code Sections 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 require ments on certain “public works” and “maintenance” projects. Section 1720 of the California Labor Code states in part: “For purp oses of this p aragraph, ‘construction’ includes work performed during the design, site assessment , feasibility study, and other preconstruction phases of construction including, but not limited to, inspection and land surveying work…” If the services/scope of Work are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wag e Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall m ake copies of the prevailing rates of per diem wages for each craft, classification o r type o f worker needed to ex ecute 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 will also adhere to any other applicable requirements, including but not limited to, those regarding the employment of apprentices, travel and subsistence pay, retention and inspection of payroll records, workers compensation a nd forfeiture of penalties prescribed in the Labor Code for violations.

Contractor sh all defend, indemnify and ho ld the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, pena lties or interest arising out of any failure or alleged failure to comply with Prevailing Wage Laws.

See Exhibit “B”, which is attached and incorporated by reference, for additional information regarding Prevailing Wage Laws. Contractor shall comply with all applicable terms and conditions in Exhibit “B”. The applicable general prevailing wage determinat ions are on file with the County and are available to any interested party on request. Contractor shall post a copy of the applicable prevailing wage determinations at the job site.

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4. TERM OF CONTRACT
This Contract is effective as of the date last signed by authorized representatives of any party (Effective Date), requires all incurred obligations by December 31, 2024, and expires on December 31, 2026, but may be terminated earlier in accordance with the provisions of this Contract.

5. INDEMNIFICATION AND INSURANCE REQUIREMENTS
A. Indemnification
The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers , em ployees, age nts and volunteers from any and all claims, actions, losse s, damages and/or liability arising out of this Contract from any cause wh atsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by th e Co unty on acco unt of any claim except where such indemnification is proh ibited by law. This indemnification provision shall apply regardless of t he existence or degree of fault of indemnities. The Contractor indemnification obligation applies to the Co unty’s “active” as well as “passive” negligence but does not apply to the Co unty’s “sole negligence” or “willful misconduct” wi thin the meaning of Civil Code Section 2782.

B. Insurance
[OPTION A] Contractor and County are authorized self -insured public entities for purposes of Professional Liability, General Liability, Automobile Liability, Worker’s Compensation and Property Damage and warrant that through their respective programs of self -insurance, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this Contract.

[OPTION B] Contractor agrees to provide insurance set forth in accordance with the requirements herein. If Contractor uses existing coverage to comply w ith these requirements and that coverage does not meet the specified require ments, Contractor agrees to amend, supplement, or endorse the existing coverage to do so.

Without in anyway affecting the indemnity herein provided and in addition ther eto, Contractor shall secure and maintain throughout the Contract term the follow ing types of insurance with limits as shown:

i. Workers’ Compensation/Employer’s Liability – A program of Workers’ Compensation insurance or a state -approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits covering all persons including volunteers providing services on behalf of the Contractor and all risks to such persons under this Contract.

If Contractor has no employees, it may ce rtify or warrant to the County that it does not currently have any employees or individuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Com pensation coverage will be waived by the Contractor’s Director of Risk Management.

With respect to Contractors that are non -profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers’ Compensation insurance.

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ii. Commercial/General Liability I nsurance – Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of Contractor providing coverage for bodily injury and property damage with a combined si ngle limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations). d. Explosion, collapse and underground hazards.
e. Personal injury.
f. Contractual liability.
g. $2,000,000 general aggregate limit.

iii. Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and n on-owned automob iles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence.

If Contractor is transporting one or more non -employee passengers in perfo rmance of Contract services, the automobile liability policy s hall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.

If Contractor owns no autos, a non -owned auto endorse ment to the Gene ral Liability policy described above is acceptable.

iv. Umbrella Liability Insurance – An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a “dropdown” provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.

v. [if applicable] Professional Liability – Professional Liability Insurance with limi ts of not less than one million ($1,000,000) per claim and two million ($2,000,000) aggregate limits
or

Errors and Omissions Liability Insurance – Errors and Omissions Liability Insurance with limits of not less than one million ($1,000,000) and two mill ion ($2,000,000) aggregate limits
or

Directors and Officers Insurance coverage with limits of not less than one million ($1,000,000) shall be required for Contr acts with charter labor committees or ot her not- for-profit organizations advising or acting on behalf of the County.

If insurance coverage is provided on a “claims made” policy, the “retroactive date” shall be shown and must be before the date of the stat e of the contrac t work. The claims made insurance shall be maintained or “tail” coverage provided for a minimum of five (5) years after contract completion.

vi. [if applicable] Construction contracts for projects over one million ($1,000,000) and less than three million ($3,000,000) require limits of not less than three million ($3,000,000) in General Liability and Auto Liability coverage.

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Construction contracts for projects over three million ($3,000,000) and less than five million ($5,000,000) require limi ts of not less t han five million ($5,000 ,000) in General Liability and Auto Liability coverage.

Construction contracts for projects over five million ($5,000,000) require limits of not less than ten million ($10,000,000) in General Liability and Auto Liability.

Continuing Products/Completed Operations Liability Insurance with a limit of not less than five million ($5,000,000) for each occurrence for at least three years following substantial completion of the work on projects over one million ($1,000,000).

Subcontractor Insurance Requiremen ts. The Contractor agrees to require all parties or subcontractors, including architects or others it hires or contracts with related to the performance of this contract to provide insurance covering the contracted o perations with t he basic requ irements identified in Paragraph 5 .A (indemnification) and the insurance specif ications for all contracts in in Paragraph 5.B (including waiver of subrogation rights) , and naming the County as an additional insured. The Contrac tor agrees to monitor and review all such coverage and assumes all responsibility ensuring that such coverage is provided as required here.

Course of Construction/Installation (Builder’s Risk) property insurance providing all risk, including theft covera ge for all prope rty and materials to be used on the project. The insurance policy shall not have any coinsurance penalty.

vii. [if applicable] Cyber Liability Insurance – Cyber Liability Insurance with limits of no less than $1,000,000 for each occurrence or e vent with an ann ual aggregate of $2,000, 000 covering privacy violations, information theft, dam age to or destruction of electronic information, intentional and/or unintentional release of private information, alteration of electronic information, extortion and network sec urity. The policy shall protect the involved County entities and cover breach response cost as well as regulatory fines and penalties.

viii. [if applicable ] Abuse/Molestation Insurance – Contractor shall have abuse or molestation insurance providing coverage for all employees for the actual or threatened abuse or molestation by anyone of any person in the care, custody, or control of any insured, including negligent employment, investigation and supervision. The policy shall provide coverage for both defense and indemnity with liability limits of not less than one million dollars ($1,000,000) with a two million dollars ($2,000,000) aggregate limit.

ix. Additional Insured – All policies, except for Worker’s Compensation, Errors and Omissions and Pro fessional Liabil ity policies shall conta in additional endorsements naming the County and its offi cers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder. The additional insured en dorsements shall not lim it the scope of coverage for the County to vicarious liabi lity but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.

x. Waiver of Subrogation Rights – Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors, and subc ontractors. All general or auto liability

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insurance coverage provided shall not pro hibit Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim. Contractor hereby waives all rights of subrogation against the County.

xi. Policies Primary and Non -Contributory – All policies required here in are to be primary and non -contributory with any insurance or self -insurance programs carried or administered by the County.

xii. Severability of Interests – Contractor agrees to ensure that covera ge provided to meet these requirements is applicable separate ly to each insured and there will be no cross liability exclusions that preclude coverage for suits between Contractor and the County or between the County and any other insured or additional insured under the policy.

xiii. Proof of Coverage – Contractor shall furnish Certificates of Insurance to the Department administering the Contract evidencing the insurance coverage at the time the Contract is executed, addi tional end orsements, as required shall be provided prior to the commencement of performance of servic es hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Departm ent, and Contractor shall maintain such insurance from the time Contractor commences performance of s ervices hereunder until the completion of such services. Within fifteen (15) days of the commencement of this Contract, Contractor shall furnish a co py of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.

xiv. Acceptability of Insurance Carrier – Unless otherwise approved by Risk Management, insurance shall be w ritten by insure rs authorized to do business in the State of California and with a minimum “Best” Insurance Guide rating of “A- VII”.

xv. Deductibles and Self -Insured Retention – Any and all deductibles or self -insured retentions in excess of $10,000 sha ll be declared to and approved by Risk Management.

xvi. Failure to Procure Coverage – In the event that any pol icy of insurance required under this Contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not th e obligation or duty to cancel the Contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by Contractor or County payments to Contractor will be reduced to pay for County purchased insurance.

xvii. Insurance Review – Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Manageme nt determines that any of the required insurance is not available, is unreasonably priced, or is not ne eded to protect the interests of the County. In addition, if the Department of Risk Management determines that hereto fore unreasonably priced or unavail able types of in surance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance cove rage or higher c overage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk.

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Any change requiring additiona l types of insurance coverage or hi gher coverage limits must be made by amendment to this Contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt.

Any failure, actual or alleged, on the part of the Coun ty to monitor or enforce compliance with any of th e in surance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.

6. RIGHT TO MONITOR AND AUDIT
A. The County, State and Federal government shall have absolute right to review and audit all records, books, pape rs, documents, c orporate minutes, and other pertinent items as requested, and shall have absolute right t o monitor the performance of Contractor in the delivery of services provided under this Contract. Con tractor shall give full cooperation, in any auditi ng o r monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring, and evaluation of this Contract and comply with any and all reporting requirements established by the County.

B. All records pertaining to services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of three years after final payment under this Contract or until all pending County, State and Federal audits are completed, whichever is later.

7. CORRECTION OF PERFORMANCE DEFICIENCIES
A. Failure by Contractor to c omply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract.

B. In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
i. Afford Contractor thereafter a time perio d within which to cure the breach, which period shall be established at the sole discretion of County; and/or ii. Discontinue reimbursement to Contractor for an d during the period in which Contractor is in breach, which reimbursement shall not be entitled to l ater recovery; and/or
iii. Withhold funds pending duration of the breach; and/or iv. Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item “B” of this paragraph; and/or v. Terminate this Contract immediately a nd be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may proceed with the work in any manner deeme d proper by the County. The cost to the County shall be deducted from any sum due to the Contracto r under this Contract and the balance, if any, shall be paid by the Contractor upon demand.

8. NOTICES
All written notices provided for in this Contract or whic h either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the Uni ted States mail, postage prepaid, and addressed to the other party as follows:

San Bernardino County
Department
Address
Contractor
Address

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Notice shall be deemed communicated two (2) Co unty working days from the time of mailing if mailed as provided in this paragraph.

9. ENTIRE AGREEMENT
This Contract, including all Exhibits and other attachme nts, which are attached hereto and incorporated by reference, and other documents incorporated her ein, represents the final, complete and exclusive agreement betwee n the parties hereto. Any prior agreement, promises, negotiations or representations relatin g to the subject matter of this Contract not expressly set forth herein are of no force or effect . This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expr essly contained herein. Each party has carefully read this Contract and signs the same of its own free will.

10. CONTRACT EXECUTION
This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract. The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.

IN WITNESS WHEREOF, the S an Bernardino County and [Enter Contractor Name] have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department

County Counsel
Date Date Date

SAN BERNARDINO COUNTY

(Print or type name of corporation, company, contractor, etc.)

Leonard X. Hernandez, Chief Executive Officer (Authorized signature - sign in blue ink) Dated:

Name

(Print or type name of person signing contract)

Title
(Print or Type)
Dated:

Address

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EXHIBIT A

SCOPE OF EXPENDITURES

[SEPARATELY ATTACHED]

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EXHIBIT B

PREVAILING WAGE REQUIREMENTS
A. All or a portion of the Scope of Work in the Contract r equires the payment of prevailing wages and compliance with the following requirements:

1. Determination of Prevailing Rates:

Pursuant to Labor Code sections 1770, et seq. , the County has obtained fr om the Director of the Department of Industrial Relations (D IR) pursuant to t he California Labor Code, the general prevailing rates of per diem wages and the prevailing rates for holiday and overtime work in the locality in which the Scope of Work is to be performed. Copies of said rates are on file with the County, will be made available for inspection during regular business hours, may be included else where in the specifications for the Scope of Work, and are also available online at www.dir.ca.gov. The wage rate for any classification not listed, but which may be required to execute the Scope of Work, shall be com mensurate and in accord with specified rates for similar or comparable classif ications for those performin g similar or comparable duties. In accordance with Labor Code section 1773 .2, the Contractor shall post, at appropriate and conspicuous locations on the job site, a schedule showing all applicable prevailing wage rates and shall comply with the requirement s of Labor Code sections 1773, et seq.

2. Payment of Prevailing Rates
Each worker of the Contractor, or any subcontractor, engaged in the Scope of Work, shall be paid not less than the general prevailing wage rate, regardless of a ny contractual relationship which may be alleged to exist between the Contractor or an y subcontractor, and such worker.

3. Prevailing Rate Penalty
The Contractor shall, as a penalt y, forfeit two hundred dollars ($200.00) to the County for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined b y th e Director of the DIR for such work or craft in which such worker is employed by the Contractor or by any subcontractor in connection with the Scope of Work.

Pursuant to California Labor Code s ection 1775, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to eac h worker by the Contractor.

4. Ineligible Contractors:

Pursuant to the provisions of Lab or C ode section 1 777.1, the Labor Commissioner publishes and distributes a list of contracto rs ineligible to perform work as a contractor or subcontractor on a public wo rks project. This list of de barred contractors is available from the DIR website at http://www.dir.ca.gov/Public-Works/PublicWorks.html. Any contract entered into between a contractor and a debarred subcontractor is void as a matter of law.

A debarred subcontractor may no t re ceive any pub lic money for performing work as a subcontractor on a public works contract , and any public money that may have been paid to a debarred subcontractor by a contractor on the project sh all be returned to the County.

The Contractor shall be responsible for t he payment of wages to workers as a debarred subcontractor who has been allowed to work on the Scope of Work.

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5. Payroll Records:
a. Pursuant to California Labor Code section 1776, the Contractor and each subcontractor, shall keep accurate certified payroll records, showing the name, address, social security number, work classificatio n, straight time and overtime hours worked each day and week, and the actual p er diem wages paid to each j ourneyman, apprentice, worker or other employee employed b y them in connect ion with the Scope of Work. The payroll records enumerated herein shall be verified by a written declaration made under penalty of perjury that the information contained in the payroll record is true and correct and that the Contractor or subcontractor ha s complied with the requirements of the California Labor Code sections 1771 , 1811, and 1815 for any Scope of Work performed by his or her employees. The payroll records shall be avai lable for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
i. A certified copy of an employee's pay roll record shall be made available for inspection or furnished to such employee or his/her authorized representative on request;
ii. A certified copy of all payroll re cords shall be ma de available for inspection or furnished upon request to the County, the Di vision of Labor Standards Enforcement of the DIR;
iii. A certified copy of payroll re cords shall be made availabl e upon request to the public for inspection or copies th ereof made; provi ded, however, that a request by the public shall be made through either the County or the Division of Labor Standards Enforcement. If the requested payroll records have not been previously provided to the County or the Division of Labor S tandards Enforcement, the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Contractor, subcontractor and the entity through which the request was ma de; the public shall not be given access to such records at the principal office of the Contractor; iv. The Contractor shall file a certified copy of t he payroll records with the entity that requested such records within ten (10) days after receipt of a written request; and v. Copies provided to the public, by the Co unty or the Divis ion of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social secu rity number. The name and ad dress of the Contractor or any subcontractor, performi ng a part of the Scope of Work shall not be marked or obliterated. The Contractor shall inform the County of the location of payroll records, including the street address, ci ty and county and shall, within five (5) working days, provide a notice of a change of location and address.
b. The Contractor shall have ten (10) days from receipt of the writ ten notice specifying in what respects the Contractor must comply with the above re quirements. In the event Contractor does not comply with the requirements of thi s section within the ten (10) day period, the Contractor shall, as a penalty to the County, forfeit one -hundred dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the D ivision of Labor Standards Enforcement, such penalty shall be withheld from any portion of t he payments then due or to become due to the Contractor.

6. Limits on Hours of Work:

Pursuant to California Labor C ode section 1810, eight (8) hours of labor shall con stitute a legal day's work. Pursuant to California Labor Code section 1811, the time of service of any worker employed at any time by the Contractor or by a subcontractor, upon the Scope of Work or upon a ny part of the Scope of Work, is limited and restri cted to eight (8) hours during any one calendar day and forty (40) hours during any one cale ndar week, except as

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provided for under Labor Code section 1815. Notwithstanding the foregoing provisions, work p erformed by employees of Contractor or any subcont ractor, in excess of eight (8) hours per day and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1½) times the basic rate of pay.

7. Penalty for Excess Hours:

The Contractor shall pay to the County a penalty of twenty -five dollars ($25.00) for each worker employed on the Scope of Work by the Contractor or any subco ntractor, for each calendar day during which such worker is required or permitt ed to work more than eight (8) hours in any calendar day and forty (40) hours in any one cal endar week, in violation of the provisions of the California Labor Code, unless compe nsation to the worker so emp loyed by the Contractor is not less than one and on e-half (1½) times the basic rate of pay for all hours worked in excess of eight (8) hours per day.

8. Senate Bill 854 (Chapter 28, Statutes of 2014) and Senate Bill 96 (Chapter 28 , Statutes of 2017) Requirements:
a. Contractor shall comply with Senate Bill 854 and S enate Bill 96 . The requirements include, but are not limited to, the following:
i. No contractor or subcontractor may be listed on a bid proposal for a public works project un less registered with the DIR pursuant to Labor Code section 1725.5, with limited exceptions from this requirements for bid purposes only as allowed under Labor Code section 1771.1(a).
ii. No contractor or subcontractor may be awarded a contract for public work or perform work on a public works project unless registered with the DIR pursu ant to Labor Code section 1725.5.
iii. This project is subject to compliance monitoring and enforcement by the DIR. iv. As required by the DIR, Contractor is required to post job site no tices, as prescribed by regu lation, regarding compliance monitoring and enforce ment by the DIR.
v. Contractors and all subcontractors must submit certified payroll records on line to the Labor Commissioner for all public works projects.
1) The certified payroll m ust be submitted at least mo nthly to the Labor Commissioner.
2) The County reserves the right to require Contractor and all subcontractors to submit certified payroll records more frequently than monthly to the Labor Commissioner.
3) The certified payroll record s must be in a format prescr ibed by the Labor Commissioner.
vi. Registration with t he DIR and the su bmission of certified payroll records to the Labor Commissioner are not req uired if the public works project is $25,000 or less when the project is for construc tion, alteration, demolition , installation or repair work, or if the public wor ks project is $15 ,000 or less when the project is for maintenance work.

b. Labor Code section 1725.5 states the following:
“A contractor shall be registered pursuant to this sect ion to be qualified to bid o n, be listed in a bid proposal, subject to the requ irements of Secti on 4104 of the Public Contract Code, or engage in the performance of any pu blic work contract that is subject to the requirements of this chapter. For the purpo ses of this section, “contra ctor” includes a subcontractor as defined by Section 1722.1.

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(a) To qualify for registration under this section, a contractor shall do all of the following:

(1) (A) Register with the Department of Industrial Relations in the m anner prescribed by the department and pay an initial nonrefundable application f ee of four hundred dollars ($400) to qualify for registration under this section and an annu al renewal fee on or before July 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registra tion and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3.

(B) Beginning June 1, 2019, a c ontractor may register or re new according to this subdivision in annual increments up to three year s from the date of registration.

Contractors who wish to do so will be req uired to prepay the applicable nonrefundable application or renewal fees to qualify for the number of years for which they wish to preregister.

(2) Provide evidence , disclosures, or releases as are necessary to establish all of the following:

(A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes s ufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage requirements other than a contract or who is separately registered under this section. Coverage may be evidenced by a current and valid certific ate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code.

(B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.

(C) The contractor does not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgmen t, order, or determination b y a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, th e contractor shall not be disqualified for any judgment, order, or determinatio n that is under appeal, prov ided that the contractor has secured the payment of any a mount eventually found due through a bond or other appropriate means.

(D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works.

(E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the pe rformance of a contract for public works without being lawfully registered in accordance with this sectio n, within the preceding 12 months or since the effective date of the require ments set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requir ements of this paragraph, the period of disqualification shall be waived if both of the following are true:

(i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months.

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(ii) The contractor pays an addition al nonrefundable penalty registration fee of two thousand dollars ($2,000).

(b) Fees received pursuant to this section shall be deposited in the State Pu blic Works Enforcement Fund established by Section 1771.3 and shall be use d only for the purposes specified in that section.

(c) A contractor who fails to pay the r enewal fee requir ed under paragraph (1) of subdivision (a) on or before the expiration of an y prior period of registration shall be prohibited from bidding on or eng aging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor ma y renew its registration retroactively by paying an additional nonrefunda ble penalty renewal fee equa l to the amount of the renewal fee within 90 days of the due date of the renewal fee.

(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is dete rmined to be a public work t o which Section 1771 applies, either as the result of a determin ation by the dire ctor pursuant to Section 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:

(1) The body that awarded the co ntract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work.

(2) Within 20 days followi ng service of notice on the awarding body of a determination by the Director of Industrial Rel ations pursuant t o Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this s ection or are replaced by a contractor or subcontractors who are registered under this section.

(3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performe d after the awarding body is served with notice of the determination or decision referred to in paragraph (2).

(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to any contract for public work, as de fined in this chapter, executed on or after April 1, 2015 , and to any work performed under a con tract for public work on or after January 1, 2018, regardless of when the contract for public work was executed.

(f) This section does not apply to work perfo rmed on a public works proje ct of twenty - five thousand dollars ($25,000) or less when the project is for construction, alteration, demolition, installation, or repair work or to work perfor med on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.”

c. Labor Code section 1771.1 states the following:
“(a) A contra ctor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless c urrently registered and qualified to perform public work pursuant to Sectio n 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by

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Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

(b) Notice of the requirement described in subdivision (a) shall b e in cluded in all bid invitations and public works contracts, and a bid shall not be accepte d nor any contract or subcontract entered into without proof of th e contractor or subcontracto r's current registration to perform public work pursuant to Section 1725.5.

(c) An inad vertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:

(1) The subcontractor is registered prior to the bid opening.

(2) Within 24 hours aft er the bid opening, the subcontractor is registered and has pai d the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5.

(3) The subcontractor is replaced by another registered subcontractor pursuan t to Section 4107 of the Public Contract Code.

(d) Failure by a subcontractor to be regis tered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is reg istered to perform public wo rk pursuant to Section 1725.5 in place of the unregistered subcontractor.

(e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.

(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the a warding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.

(g) If t he Labor Commissioner or his or her designee determines that a contractor o r subcontractor engaged in the performance of any public w ork contract without having been registered in accordance with this section, the contractor or subcontract or s hall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day o f work performed in violation of the registration requirem ent, not to exceed an aggreg ate penalty of eight thousand dollars ($8,000) in addition to any penalty regi stration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdiv ision (a) of Section 1725.5.

(h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works c ontractor or subc ontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work i n violation of the requireme nts of Section 1725.5 or this section shall be subject to forfeiture, as a civi l penalty to the state, of one hundred dollars ($100) for each day the unregistered lower ti er subcontractor performs work in violation of the

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registration requirement, not to e xceed an aggregate penalty of ten thousand dollars ($10,000).

(2) The Labor Com missioner shall u se the same standards specified in subparagraph (A) of paragraph (2) of sub division (a) of Section 1775 when determining the severi ty of the violation and what penalty to assess, and may waive the penalty for a first time violation that wa s unintentional and did not hinder the Labor Commissioner’s ability to monitor and enforce compliance with the requirements of this chapter.

(3) A higher tiered public works c ontractor or subcontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor’s performance is in violation of the requirem ents of Section 1725.5 due to the revocation of a previously approved registration.

(4) A subcontractor shall not be liable for any penalties assessed against a hig her tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tie red public works contractor or subcontractor may not re quire a lower tiered subcontractor to indemnity or otherwise be liable for any penalties pursuant to paragraph (1).

(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalt y assessment, in accordance with the provisions of Sec tion 1741, upon determinatio n of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) o f subdivision (h) . Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for revie w of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (comme ncing with Section 1770), shall apply.

(j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirements of Section 1725.5 or this section, the Labor Commissio ner shall issue and serve a stop order prohibiting the use of the unregistered contractor or the unregistered subcontractor on all public works until the unregistered contractor or unregistered subcont ractor is registered. The stop order shall not apply to work by registered contract ors or subcontractors on the public work.

(2) A stop order may be personally ser ved upon the cont ractor or subcontractor by either of the following methods:

(A) Manual delivery of the order to the contractor or subcontractor personally.

(B) Leaving sign ed copies of the order with the person who is apparently in charge at the site of t he public work an d by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or subcontractor at one of the following:

(i) The addres s of the contractor or subcontractor on file with either the Secretary of State or the Contractors’ State License Board.

(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors’ State License Board, the address of the site of the public work.

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(3) The stop order shall be effective immed iately upon servi ce and shall be subject to appeal by the party contracting with the unregis tered contractor or subcontractor, by the unregistered contractor or subcontrac tor, or both. The appeal, hearing, and any further review of the hearing decision sh all be governed b y the procedures, time limits, and other requirements specified in subdivision (a) of Section 238.1.

(4) Any employee of an un registered contractor or sub contractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that em ployer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.

(k) Failure of a contractor or subcontractor, owner, directo r, officer, or ma naging agent of the contractor or subcontractor to observe a stop order iss ued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in county jail not exceeding 60 days or by a fine n ot e xceeding ten thousand dollars ($10,000), or both.

(l) This section shall apply to any bi d proposal submitted on or after March 1, 2015, an d any contract for public work entered into on or after April 1, 2015. This section shall also apply to the perfor mance of any publ ic work, as defined in this chapter, on or after January 1, 2018, regardless of when the contract for public work was entered.

(m) Penalties received pu rsuant to this section shall be deposited in the State Public Works Enforcement Fund es tablished by Section 1771.3 and shall be used only for the purposes specified in that section.

(n) This section shall not apply to work perf ormed on a public works proj ect of twenty - five thousand dollars ($25,000) or less when the project is for constructi on, alteration, demolition, installation, or repair work or to work performed on a public wo rks project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.”

d. Labor Code section 1771.4 states the following:
“(a) All of th e fo llowing are a pplicable to all public works projects that are otherwise subject to the requirements of this chapter:

(1) The call for bi ds and contract documents sh all specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

(2) The awarding body shall post or require the prime con tractor to post job site notices, as prescribed by regulation.

(3) Each c ontractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:

(A) At least monthly or more frequently if specified in the contract with the awarding body.

(B) In a format prescribed by the Labor Commissioner.

(4) If the contractor or subcontractor is not registered pu rsuant to Section 1725.5 and is performing work on a project for which registration is not r equired because of subdivision (f) of Sect ion 1725.5, the unregistered contractor or subcontractor is not

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required to furnish the records specified in Section 1776 directly to the L abor Commissioner but shall retain the records specified in Section 1776 fo r at least three years after completion of the work.

(5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.

(b) The Labor Commissioner may exempt a public works project fr om compliance with all or part of the requirements of subdivision (a) if either of the following occurs:

(1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on all public works projects under its authority , except those deemed exempt pursuant to subdivision (a) of Section 1771.5, continuously since December 31, 2011.

(2) The awarding body has entered into a collectiv e bargaining agreement that binds all contractors performing work on the project and that in cludes a mechanism for resolving disputes about the payment of wages.

(c) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works projects awarded on or after January 1, 2015.

(d) The requirements of paragraph (3 ) of subdivision (a) shall apply to all contracts for public work, whether new or ongoing, on or after January 1, 2016.”

B. STATE PUBLIC WORKS APPRENTICESHIP REQUIREMENTS

1. State Public Works Apprenticeship Requirements:
a. The Contractor is responsible for comp liance with Labor Code section 1777.5 and the California Code of Regulations, title 8, sections 230 – 230.2 for all apprenticeable occupations (denoted with “#” sym bol next to craft name in DIR Prevailing Wage Determination), whether employed by the Contra ctor, subcontractor, vendor or consultant. Included in these requirements is (1) the Contractor’s requirement to provide notification (i.e. DAS-140) to the appropriate apprenticeship committees; (2) pay training fund contributions for each apprenticeable h our employed on the Contract; and (3) utilize apprentices in a mi nimum ratio of not less than one apprentice hour for each five journeyman hours by completion of Co ntract work (unle ss an exception is granted in accordance with Labor Code section 1777.5) or request for the dispatch of apprentices. b. Any apprentices employe d to perform any of the Scope of Work shall be paid the standard wage to apprentices under the regu lations of the cr aft or trade for which such apprentice is employed, and such individual sha ll be employed only for the work of t he craft or trade to which s uch individual is registered. Only apprentices, as defined in California Labor Code section 3077, who are in training under apprenticeship standards and written apprenticeship agreements und er California Labor Code sections 3070 et seq. are eligible to be employed for the Scope of Work. The employment and training of each apprentice shall be in accord ance with the pro visions of the apprenticeship standards and apprentice agreements under which such apprentice is training.

2. Compliance with California Labor Code secti on 1777.5 requires all public works contractors to:
a. Submit Contract Award Information (DAS-140):

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i. Although there are a few exemptions (identi fied below), all Contractors, regardless of union affiliation, must submit contract award informat ion when performing on a California public works project.
ii. The DAS -140 is a notification “ann ouncement” of the Contractor’s partici pation on a public works project—it is not a request for the dispatch of an apprentice. iii. Contractors shall submit the contract award information (you may use form DAS 140) within 10 days of the execution of the prime co ntract or subcontract, but in no event later than the first day in which the Contractor has workers employed on the public work.
iv. Contractors who are already approve d to train apprentices (i.e. check “Box 1” on the DAS -140) shall only be required to submit the form to their approved program.
v. Contractors who are NOT approv ed to train apprentices (i.e. those that check either “Box 2” or “Box 3” on the DAS-140) shall submit the DAS-140 TO EACH of the apprenticeship program sponsors in the area of your public works project. For a listing of apprenticeship programs see
http://www.dir.ca.gov/Databases/das/pwaddrstart.asp.
b. Employ Registered Apprentices
i. Labor Code section 1777.5 requires that a cont ractor performing work in an “apprenticeable” craft must employ one (1) hour of apprentice work for every five (5) hours performed by a journeyman. This ratio shal l be met prior to the Contractor’s completion of work on the project. “Apprenticeable” craf ts are denoted with a pound symbol “#” in front of the craft name on the prevailing wage determination.
ii. All Contractors who do not fall within an exemption category (see below) must request for dispatch of an apprentice from an apprenticeship program (for each apprenticeable craft or trade) by gi ving the program actual noti ce of at least 72 hours (business days only) before the date on which apprentices are required. iii. Contractors may use the “DAS-142” form for making a request for the dispatch of an apprentice.
iv. Contractors who are participating in an approved apprenticeship training program and who did not receive sufficient number of apprentices from their initial req uest must request dispatch of apprentices from ALL OTHER apprenticeship committees in the project area in order to fulfill this requirement. v. Contractor should ma intain and submit proof (when requested) of its DAS -142 submittal to the apprenticeship committ ees (e.g. fax tra nsmittal confirmation). A Contractor has met its requirement to employ app rentices only after it has successfully ma de a dispatch request to all apprenticeship programs in the project area.
vi. Only “registered” apprentices may be paid the pr evailing apprenti ce rates and must, at all times work under the supervision of a Journeyman (Cal. Code Regs., tit 8, § 230.1).
c. Make Training Fund Contributions
i. Contractors performing in apprenticeable crafts on public works projects, must make training fund contributions in the amount established in the prevailing wage rate publication for journeymen and apprentices.
ii. Contractors may use the “CAC -2” form for submitt al of their training fund contributions.
iii. Contractors who do not submit their training fund con tributions to an approved apprenticeship training program must submit their contributions to the California Apprenticeship Council (CAC), PO Box 420603, San Francisco, CA 94142-0603.

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Attachment: CON-CAO - ARPA CLFRF Contract Template (3690 : Agreement - San Bernardino County) Rev. 5/8/20 Page 39 of 40
iv. Training fund contributions to the CAC are due and payable on the 15th da y of the month for work performed during the preceding month. v. The “training” contribution amount identified on the prevailing wage determination shall not be paid to the worker, unless the worker falls within one of the exemption categories listed below.

3. Exemptions to Apprenticeship Requirements:
a. The following are exempt from having to comply wit h California apprenticeship requirements. These types of contractors do not need to submit a DAS -140, DAS-142, make training fund contributions, or utilize apprentices:
i. When the Con tractor holds a sole proprietor license (“Owner -Operator”) and no workers w ere employed by the Contractor. In other words, the contractor performed the entire work from start to finish and worked alone. ii. Contractors performing in non -apprenticeable crafts. “Apprenticeable” crafts are denoted with a pound symbol “#” in front of the craft name on the prevailing wage determination.
iii. When the Contractor has a direct contract with the Public Agency that is under $30,000.
iv. When the project is 100% federally-funded and the funding of the project does not contain any city, county, and/or st ate monies (unless the project is administered by a state agency in wh ich case the apprenticeship requirements apply).
v. When the project is a private project not cov ered by the definition of public works as found in Labor Code section 1720.

4. Exemption from Apprenticeship Rations:
a. The Joint Apprenti ceship Committee shall have the discretion to grant a certificate, which shall be subject to the approval of the Administra tor of Apprenticeship, exempting the Contractor from the 1-to-5 ratio set forth in this Sect ion when it finds that any one of the following conditions are met:
i. Unemployment for the previous three -month period in such area exceeds an average of fifteen percent (15%); or
ii. The number of apprentices in training in such area exceeds a ratio of 1 -to-5 in relation to journeymen; or
iii. The Apprenticeable Craft or Trade is rep lacing at least one -thirtieth (1/30) of its journeymen annually through apprenticeship training , either on a statewide basis or on a local basis; or
iv. If assignment of an apprentice to any work performed under the Contract Documents would create a condition which would jeopardize such apprentice's life or the life, safety or property of fellow employe es or the public at large, or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman.
b. When such exemptions from the 1 -to-5 ratio between apprentices and journeymen are granted to an organization which represents contractors in a specific trade on a local or statewide bas is, the member contractors will not be re quired to submit individual applications for approval to local Joint Apprenticeship Committees, provided they are already covered by the local apprenticeship standards.

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Attachment: CON-CAO - ARPA CLFRF Contract Template (3690 : Agreement - San Bernardino County) Rev. 5/8/20 Page 40 of 40

5. Contractor’s Compliance:
a. The responsibility of compliance with this Section for all Apprenticeable Trades or Crafts is solely and exclusively that of the Contractor. All decisions of the Joint Apprenticeship Committee(s) under this Section are subject to the provisions of California Labor Code section 3081 and penalties are pursuant to Labor Code section 1777.7 and the determination of the Labor Commissioner.

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Attachment: CON-CAO - ARPA CLFRF Contract Template (3690 : Agreement - San Bernardino County) EXHIBIT A – SCOPE OF EXPENDITURES
APPLIES TO AGREEMENT [Insert Agreement No. or Title] BETWEEN SAN BERNARDINO COUNTY AND THE CITY OF COLTON] RELATED TO THE CORONAVIRUS LOCAL FISCAL

RECOVERY FUND FOR LOCAL GOVERNMENTS

1. The following is the mutually agreed upon scope of expenditures to be funded by the American Rescue Plan Act of 2021 (ARPA) Coronavirus Local Fiscal Recovery Fund (CLFRF) received by San Bernardino County:

The project will include rehabilitating and improving the existing park amenities which would include but are not limited to: upgraded restrooms, new scoreboards, water fountains, trash receptacles, graffiti management, a dog park, parking lot, new park amenities (benches/tables/fixtures), sur face improvement to tennis courts, ADA compliance and security cameras and lighting.

2. Not-to-exceed amount of expenditures described in 1, above, obligated during the period of July 1, 2022 and June 30, 2024 and expanded on or before December 31, 2026 is $X.

3. The following is the list of projected expenditures that will be funded by the CLFRF and each of these expenditures satisfy the findings in 1, above:

Expenditure Type (e.g., Payroll) Projected Expenditures* Project Management (design and construction) $ 250,000
Design Consultant contract (P S and E) $ 100,000
Construction Contract $ 1,400,00
$
$
Total Expenditure $ 1,540,594
*Note: Projected expenditures may differ from the actual costs but a total amount of expenditure shall not exceed the amount as specified in Section 2, above.

4. The Contractor is responsible for ensuring that any procurement using CLFRF funds, or payments under procurement contracts using such funds are consistent with the procurement standards set forth in the Uniform Guidance at Title 2 C .F.R. Sections 200.317 - 200.327, as applic able. The Uniform Guidance establishes in Title 2 C.F.R.

Section 200.319 that all procurement transactions for property or services must be conducted in a manner providing full and open competition, consistent with standards outlined in Title 2 C .F.R. Section 200.320. If the full and open procurement is not applicable, provide a reason for its exemption:

To Be Determined (TBD)

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Attachment: EXHIBIT A - DAVIS PARK SCOPE (3690 : Agreement - San Bernardino County) EXHIBIT A – SCOPE OF EXPENDITURES
APPLIES TO AGREEMENT ARPA21-PRJC-005-COL BETWEEN SAN BERNARDINO

COUNTY AND CITY OF COLTON RELATED TO THE CORONAVIRUS LOCAL FISCAL

RECOVERY FUND FOR LOCAL GOVERNMENTS

The project will upgrade the existing bike path along Colton Ave. especially the landscaping, striping and signage. Signs and markings will be upgraded to the current MUTCD standard for bike route. Upgrade of bike lane striping and signs is anticipated to enhance the safety of the bike lane crossings on seven street intersections. The path had minimal landscaping and irrigation system that deteriorated over the years and resulted in the deterioration of landscaping. Pedestrians and bicyclists heavily use the path as a safe route through the City for walking and cycling. The estimated cost of the project is $575,000.The total cost included project management, design and estimates, and construction cost for the project.

2. The following is the list of projected expenditures that will be funded by the CLFRF for the scope identified in 1, above:

Expenditure Type (e.g., Payroll) Projected Expenditures* Project Management (design and
construction)
$ 32,400
Design Consultant contract (P S and E) $ 50,000
Construction Contract $492,600
$
$
$
$
Total Expenditure $575,000
*Note: Projected expenditures may differ from the actual costs but a total amount of expenditure shall not exceed the amount as specified in Section 2, above.

3. The Contractor is responsible for ensuring that any procurement using CLFRF funds, or payments under procurement contracts using such funds are consistent with the procurement standards set forth in the Uniform Guidance at Title 2 C.F.R. Sections 200.317 - 200.327, as applicable. The Uniform Guidance establishes in Title 2 C.F.R.

Section 200.319 that all procurement transactions for property or services must be conducted in a manner providing full and open competition, consistent with standards outlined in Title 2 C.F.R. Section 200.320. If the full and open procurement is not applicable, provide a reason for its exemption:

No Exemption

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Attachment: EXHIBIT A - Bike Path Scope of Expenditures (3690 : Agreement - San Bernardino County)

ITEM NO. 8

STAFF REPORT

DATE: JUNE 21, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CAROLINA PADILLA, CITY CLERK
SUBJECT: DIRECT BIENNIAL REVIEW OF THE CITY'S CONFLICT OF INTEREST CODE.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Direct the review of the City’s Conflict of Interest Code and the filing of a Biennial Notice with the City Clerk regarding such review, as required by the Political Reform Act.

SUMMARY

The proposed action is pursuant to the requirements set forth in section 87306.5 of the Political Reform Act and placed upon the City Council as the City’s code-reviewing body.

BACKGROUND

The Political Reform Act of 1974, Government Code Section 81000 et seq. (the “Act”), requires all public agencies to adopt and maintain a conflict of interest code. The primary effect of the code is to establish disclosure requirements for various government positions involved in the requisite level of decision -making as set forth in the Act. The Act requires each city to adopt a local conflict of interest code designating city positions not otherwise designated in the Act itself, that are involved in making or participating in the making of city decisions at al l levels of city government.

The Act further requires that agencies, including cities, regularly review and update their codes as necessary as directed by their code -reviewing bodies or when change is necessitated by changed circumstances. (Gov. Code §§ 87306, 87306.5.)
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Staff Report to the Mayor and City Council
Biennial Review - Conflict of Interest Code
June 21, 2022

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The Act provides that no later than July 1 of each even -numbered year, code -reviewing bodies shall direct the review of all agency codes under their jurisdiction and requires that the agency head, no later than October 1, shall file a s tatement regarding the results of that review. The City Council is the code -reviewing body for the City’s Code and on or before July 1 it must direct the biennial review of the City’s Conflict of Interest Code (“Code”). (Gov. Code § 82011(c), 87306.5)

The Act also requires that the City Manager file a statement regarding the results of the review no later than October 1 of the same year. If a change in the Code is necessitated by this review, it must be submitted to the City Council for approval within ninety (90) days of the filing of the Local Agency Biennial Notice with the City Clerk. (Gov. Code § 87303, 87306.5)

FISCAL IMPACT

There is no fiscal impact for the proposed action.
8 Packet Pg. 278

ITEM NO. 9

STAFF REPORT

DATE: JUNE 21, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CAROLINA PADILLA, CITY CLERK
SUBJECT: CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022;

REQUESTING THE COUNTY OF SAN BERNARDINO TO RENDER
SPECIFIED SERVICES; AND ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE, RESOLUTION NO. R-64-22

AND APPROVE AND ADOPT A RESOLUTION ADOPTING

REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE
PERTAINING TO CANDIDATE'S STATEMENTS, RESOLUTION NO.

R-65-22, SUBMITTED TO THE VOTERS AT AN ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 8, 2022.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

It is recommend ed that the City Council a pprove and adopt a Resolution, calling and giving notice of a General Municipal Election to be held in the City of Colton on Tuesday, November 8, 2022, for the election of certain municipal officers and requesting that the County of San Bernardino render specified services as required by the provisions of the laws of the State of California relat ing to General Law cities; and, a pprove and adopt a resolution adopting regulations for candidates for elective office pertaining to candidate’s statements submitted to the voters at an election to be held on Tuesday, November 8, 2022.

BACKGROUND

Under applicable State law, the City of Colton must take steps to call for the election of certain officers of the City and to order a General Mu nicipal Election to be held on Tuesday, November 8, 2022, which will be consolidated with the Statewide General Election for the following:
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Staff Report to the Mayor and City Council
Calling the General Municipal Election for November 8, 2022 June 21, 2022

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1. District 1 Councilmember for full term of two years

2. District 2 Councilmember for full term of two years

3. District 3 Councilmember for full term of four years

4. District 4 Councilmember for full term of four years

5. Mayor, at large, for full term of four years

ISSUES/ANALYSIS

As of this election, Districts 1 through 6 shall cease to exist as six separate electoral district s, and shall be replaced by four Districts 1 through 4, those Districts boundaries are described in the map as Exhibit A to Ordinance O -04-22. An election shall be held for the Office of City Councilmember among duly -nominated and qualified candidates resi ding in and being voted upon by registered voters residing within the four Electoral Districts 1 through 4. As such, the election must be called by the City.

FISCAL IMPACTS

Cost of the General Municipal Election is estimated at approximately $48,000. This amount has been funded in the City Clerk’s Budget, Account No. 100 -6010-6010-2401-0000-000 for Fiscal Year 2022-23.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. Resolution No. R-64-22

2. Resolution No. R-65-22
9 Packet Pg. 280

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RESOLUTION NO. R-64-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COLTON, CALIFORNIA, CALLING AND GIVING NOTICE OF

A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE
CITY ON TUESDAY, NOVEMBER 8, 202 2, FOR THE

ELECTION OF CERTAIN MUNICIPAL OFFICERS AND

REQUESTING THAT THE COUNTY OF SAN BERNARDINO

RENDER SPECIFIED SERVICES A S REQUIRED BY THE

PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO GENERAL LAW CITIES.

WHEREAS, under the provisions of the laws relating to General Law cities in the State of California, a General Municipal Election shall be held on Tuesday, November 8, 2022, for the election of certain Municipal Officers; and,
WHEREAS, in the course of conduct of the election it is necessary for the City to request services of the County of San Bernardino; and,
WHEREAS, all necessary expense in performing this service shall be paid by the City of Colton.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law cities within the State, there is called and ordered held in the City of Colton, California, on Tuesday, November 8, 202 2, a General Municipal Electi on of the qualified electors of the City, to be consolidated with the General Election, for the purpose of voting on and/or electing the following:

A. District 1 Councilmember for full term of two years

B. District 2 Councilmember for full term of two years

C. District 3 Councilmember for full term of four years

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Attachment: Resolution No. R-64-22 (3657 : Calling the General Municipal Election for November 8, 2022)

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D. District 4 Councilmember for full term of four years

E. Mayor, at large, for full term of four years

SECTION 2. That the ballots to be used for this election shall be, in form and content, such as may be required by law.

SECTION 3. The City Council requests that this election be consolidated with all other elections being held in the same territory on November 8, 2022, and to hold and conduct the consolidated election in the manner prescribed in Elections Code Section 10418.

SECTION 4. That the County of San Bernardino Registrar of Voters is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter, equipment and all supplies that may be necessary in order to properly and lawfully conduct the election.

SECTION 5. That the polls shall be open at seven o’clock a.m. on the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California.

SECTION 6. That in all particulars not recited in this resolution, the election shall be held and conducted in accordance with the provisions of law regulating the statewide or special election.

SECTION 7. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in the time, form and manner as required by law. // //
// //

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SECTION 8. That the City shall reimburse the County of San Bernardino for services performed when the work is completed and upon presentation to the City of a properly coordinated and approved invoice.

SECTION 9. That the City Clerk is directed to forward without delay to the San Bernardino County Registrar of Voters, a certified copy of this Resolution.

SECTION 10. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED AND ADOPTED this 21st day of June, 2022.

___________________________
FRANK J. NAVARRO
Mayor

ATTEST:

_______________________________
CAROLINA R. PADILLA
City Clerk

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Attachment: Resolution No. R-64-22 (3657 : Calling the General Municipal Election for November 8, 2022)

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28 RESOLUTION NO. R-65-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COLTON, CALIFORNIA, ADOPTING REGULATIONS FOR

CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO

CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022.

WHEREAS, §13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates statement;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. GENERAL PROVISIONS. That pursuant to §13307 of the Elections Code of the State of California, each candi date for elective office to be voted for at an Election to be held in the City of Colton on Tuesday, November 8, 202 2 may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in electronic form in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for fi ling nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

SECTION 2. FOREIGN LANGUAGE POLICY.

A. Pursuant to the Federal Voting Rights Act, candidate ’s statements will be translated into all languages requir ed by the County of San Bernardino. The

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28 County is required to translate candidate’s statements into the following languages: Spanish.

B. The County will print and mail sample ballots and candidates statements to all voters in Spanish. The County will make the sample ballots and candidates statements in the required languages available at all polling places, on the County’s website, and in the Election Official’s office.

SECTION 3. PAYMENT.

A. Translations:

1. The candidate shall be required to pay for the co st of translating the candidate’s statement into any required foreign language as specified in (A) and/or (B) of Section 2 above pursuant to Federal and\or State law.

2. The candidate shall be required to pay for the cost of translating the candidate’s st atement into any foreign language that is not required as specified in (A) and/or (B) of Section 2 above, pursuant to Federal and \or State law, but is requested as an option by the candidate.

B. Printing:

1. The candidate shall be required to pay for the cost of printing the candidate’s statement in English in the main voter pamphlet.

2. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required in (A) of Section 2 above , in the main voter pamphlet.

3. The candidate shall be required to pay for the cost of printing the candidate ’s statement in a foreign language requested by the candidate per (B) of Section 2 above, in the main voter pamphlet.

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28 4. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required by (A) of Section 2 above, in the facsimile voter pamphlet.

The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate’s statements fil ed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter’s pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly mor e or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depen ding on the final actual cost. In the event of underpayment, the clerk may require the candidate to pay the balance of the cost incurred. In the eve t of overpayment, the clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.

SECTION 4. MISCELLANEOUS.

A) All translations shall be provided by professionally-certified translators.

B) The City Clerk shall allow (bold type) (underlining) (capitalization) (indentations) (bullets) (leading hyphe ns) to the same extent and manner as allowed in previous City elections.

C) The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.

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28 SECTION 5. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package.

SECTION 6. That the City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued.

SECTION 7. That all previous resolutions establishing council policy on payment for candidate’s statements are repealed.

SECTION 8. That this resolution shall apply at the next ensuing municipal election and at each municipal election after that time.

SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 21st day of June, 2022.

_________________________________
FRANK J. NAVARRO, Mayor
ATTEST:

________________________________________
CAROLINA R. PADILLA, City Clerk

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Attachment: Resolution No. R-65-22 (3657 : Calling the General Municipal Election for November 8, 2022)

ITEM NO. 10

STAFF REPORT

DATE: JUNE 21, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE CONTRACT AWARD TO UNITED PAVING COMPANY FOR THE FISCAL YEAR 2021-2022 ALLEY REHAB PROJECT,
RESOLUTION NO. R-86-22.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Award a contract for the FY20 21-22 Asphalt Paving and CDBG -COLT-20-1-03K0178 Alley Rehab Project to United Paving Co. for $340,443.00.

2. Approve Resolution R-86-22 (Exhibit B) to amend Fiscal Year 2021-22 Community Development Block Grant (CDBG) Capital Improvement Budget.

3. Authorize the City Manager to execute contract documents.

BACKGROUND

On February 4, 2020, the City Council adopted Resolution No. R -08-20, approving the final prioritized list of CDBG projects for FY 20 -21 including the CDBG COLT -19-1-03K/0160– Street Improvements, Alley Paving from 7th Street to La Cadena Drive between Hanna Street and B Street; Laurel Avenue to Hillcrest between Hanna Street and Fairview Street, 2 nd to 4 th between E Street and F street; 5 th Street between K Street, and L Street; 4 th to 5th Street between M Street and N Street.

As part of the City’s street s maintenance efforts , the list of alleys under this project were determined to be higher priority for repair and replacement. Restoring function to these alleys will provide better accessibility for services the City provides to its residents including tr ash 10 Packet Pg. 288
Staff Report to the Mayor and City Council
Contract Award - United Paving Company
June 21, 2022

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pick-up and emergency services when needed. On January 14, 2022, the City’s Engineering Staff Consultant has completed the design and specification for the FY 21 -22 CDBG -COLT-20-1- 03K0178 Alley Rehab Project.

ISSUES/ANALYSIS

In accordance with Colton Municipal Code (CMC) Section 3.08.090, a request for Notice Inviting Formal Bids was published in The Press Enterprise on April 1, 2022 and April 8, 2022.

On April 28, 2022, the bid opening date, bids were opened and staff received the following bids:

Contractor Base Bid Optional Bid items Total
United Paving Co. $280,888.00 $59,555.00 $340,443.00 DM Contracting Inc. $389,850.50 $34,858.00 $424,708.50 All American Asphalt $397,832.00 $75,769.00 $473,601.00

Staff recommends awarding t he base bid and optional bid to the lowest responsive and responsible bidder , United Paving Co., for $340,443. Optional bid items pertain to the installation of concrete cross gutter at alley intersection to eliminate standing water.

FISCAL IMPACTS

After adoption of the FY2021-22 CDBG Budget, an increase in funding allocation was approved by the County for this project. Approval of Resolution R -86-22 (Exhibit B) will reflect the new total funding for this project in the amount of $372,548. Attached as E xhibit C is the CDBG funding allocation spreadsheet from the County. The original funding amount when the budget was approved was $340,955 with an increase of $31,593. Below is the breakdown of the available funding for the project after the approval of Resolution R-86-22:

Project Account
No.

Original
Appropriation
Account
Balance
Resolution
R-86-22
Funding
Balance After R-
86-22
Alley Paving
from 7th Street
to La Cadena
Drive between
Hanna and B
Street
215-2134-
6920-3890
$ 62,000.00 $ 60,585.60 $ 23,222.00 $ 85,222.00 Alley Paving
from Laurel
Ave. to
Hillcrest bet.

Hanna and
Fairview St.
215-2135-
6920-3890
$ 117,000.00 $ 117,000.00 $ 117,000.00
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Staff Report to the Mayor and City Council
Contract Award - United Paving Company
June 21, 2022

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Alley Paving
from 2nd to 4th
between E and
F St.
215-2136-
6920-3890
$ 73,125.00 $ 73,125.00 $ 73,125.00
Alley Paving
west of 5th St.
between K and
L St.
215-2137-
6920-3890
$ 26,830.00 $ 26,830.00 $ 8,371.00 $ 35,201.00 Alley Paving
from 4th to 5th
St. between M
and N St.
215-2138-
6920-3890
$ 62,000.00 $ 62,000.00 $ 62,000.00
Total Funding $ 340,955.00 $ 339,540.60 $ 31,593.00 $ 372,548.00

ENVIRONMENTAL IMPACTS

Staff recommends that the FY 21 -22 CDBG -COLT-20-1-03K0178 Alley Rehab Project be determined categorically exempt under California Environmental Quality Act (CEQA) Guidelines Section 15301(c) - Existing highways and streets.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENTS

1. Exhibit A – Contract

2. Exhibit B – Resolution R-86-22

3. Exhibit C – CDBG Funding Sheet

ATTACHMENT

1. Exhibit A Contract CDBG Colt-20-1-03K-178 FY21-22 Alley Rehab

2. Exhibit B Resolution R-86-22

3. Exhibit C CDBG Funding Sheet
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CONTRACT
1 CONTRACT
THIS CONTRACT is made this 07 day of June, 2021, in the County of San Bernardino, State of California, by and between the City of Colton, hereinafter called City, and Superior Paving Company Inc. dba United Paving Co., hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK . The Contractor shall perform all Work within the time stipulated the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict com pliance with the Contract Documents as specified in Article 5 below for the following Project:
• CDBG COLT-20-1-03K/0178– Alley Replacement. 7th to La Cadena, between Hanna & B; Laurel to Hillcrest, between Holly & Fairview; 2nd & 4th, between E & F; 4th to 5th between K & L; 4th to 5th, between M &N.

The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within One Hundred Twenty (120) calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Three Hundred and Forty Thousand For Hundred Forty Three Dollars and Zero Cents **($340,443)**. Payment shall be made as set forth in the General Conditions.

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

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Attachment: Exhibit A Contract CDBG Colt-20-1-03K-178 FY21-22 Alley Rehab (3645 : Contract Award - United Paving Company)

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

Notice Inviting Bids
Instructions to Bidders
Contractor's Bid Forms
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Affidavit form
Contract
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Technical Specifications
Greenbook Standard Specifications (Sections 1-9 Excluded) Addenda
Plans and Contract Drawings
Labor compliance contract (attachment D)
The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

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

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

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

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

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

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Attachment: Exhibit A Contract CDBG Colt-20-1-03K-178 FY21-22 Alley Rehab (3645 : Contract Award - United Paving Company)

CONTRACT
3 CITY OF COLTON

By:

______________________________
Signature

______________________________
Name

______________________________
Title

Attest:

______________________________
City Clerk

Recommended By:

______________________________
Signature

______________________________
Name

______________________________
Title

CONTRACTOR

By:

______________________________
Signature

____ _________
Name

______________________________
Title

__ ______________________
License Number

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Attachment: Exhibit A Contract CDBG Colt-20-1-03K-178 FY21-22 Alley Rehab (3645 : Contract Award - United Paving Company)

PERFORMANCE BOND
4 PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, ___________________________ (hereinafter referred to as “C ity”) has awarded to ____________________, (hereinafter referred to as the “C ontractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the C ity in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor , his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one -year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the C ontract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by C ity, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.

The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains.

Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the

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Attachment: Exhibit A Contract CDBG Colt-20-1-03K-178 FY21-22 Alley Rehab (3645 : Contract Award - United Paving Company)

PERFORMANCE BOND
5 Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the C ontract Documents, the Surety shall remedy the default pursuant to the Contract Documents , or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph sh all mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees th at the C ity may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the CITY, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby sti pulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[Remainder of Page Left Intentionally Blank.]

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Attachment: Exhibit A Contract CDBG Colt-20-1-03K-178 FY21-22 Alley Rehab (3645 : Contract Award - United Paving Company)

PERFORMANCE BOND
6 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 2018.
_________________________________________

CONTRACTOR/PRINCIPAL
_________________________________________
Name
By_______________________________________
SURETY:

By: ______________________________________
Attorney-In-Fact

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________

(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California

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Attachment: Exhibit A Contract CDBG Colt-20-1-03K-178 FY21-22 Alley Rehab (3645 : Contract Award - United Paving Company)

PERFORMANCE BOND
7 STATE OF CALIFORNIA )
) ss.

CITY OF ___________ )
On this ________ day of ___________________, in the year 201 8, before me, ___________________________, a Notary Public in and for said state, personally appeared _________________________________, known to me to be the person whose name is subscribed to the within instrument as the Attorney -In-Fact of the (Surety) acknowledged to me that he subscribed the name of the ___________________________ (Surety) thereto and his own name as Attorney-In-Fact.

Notary Public in and for said State
(SEAL)
Commission expires: _______________
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

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Attachment: Exhibit A Contract CDBG Colt-20-1-03K-178 FY21-22 Alley Rehab (3645 : Contract Award - United Paving Company)

PAYMENT (LABOR AND MATERIALS) BOND
8 PAYMENT BOND (LABOR AND MATERIALS)

KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Colton (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____ has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
____________________________________________________________________________ (the “Project”); and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, prov isions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 3181 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement per taining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of

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Attachment: Exhibit A Contract CDBG Colt-20-1-03K-178 FY21-22 Alley Rehab (3645 : Contract Award - United Paving Company)

PAYMENT (LABOR AND MATERIALS) BOND
9 any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any br each of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed unoriginal thereof, have been duly executed by the Principal and Surety above named, on the _____ day of ______________________ 20______ the name and corporate seal of each corporate party being hereto affixed and these presents duly signed b its undersigned representative pursuant to authority of its governing body. (Corporate Seal of Principal,
if corporation) Principal (Property Name of Contractor) By
(Signature of Contractor)
(Seal of Surety)
Surety
By
Attorney in Fact
(Attached Attorney-In-Fact
Certificate and Required
Acknowledgements)
*Note: Appropriate Notarial Acknowledgments of Execution by Contractor and +surety and a power of Attorney MUST BE ATTACHED.

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Attachment: Exhibit A Contract CDBG Colt-20-1-03K-178 FY21-22 Alley Rehab (3645 : Contract Award - United Paving Company)

GENERAL CONDITIONS
10 GENERAL CONDITIONS

ARTICLE 1. DEFINITIONS
a. Acceptable, Acceptance or words of similar import shall be understood to be the acceptance of the Engineer and/or the City.
b. Act of God an Act of God is an earthquake of magnitude 3.5 on the Richter scale and tidal waves.
c. Approval means written authorization by Engineer and/or City. d. Contract Documents includes all documents as stated in the Contract. e. City and Contractor are those stated i n the Contract. The terms City and Owner may be used interchangeably.
f. Day shall mean calendar day unless otherwise specifically designated. g. Engineer shall mean the General Manager, or his or her designee, of the Department of Public Works for the City of Colton, acting either directly or through properly authorized agents, such as agents acting within the scope of the particular duties entrusted to them.

Also sometimes referred to as the “City’s Representative” or “Representative” in the Contract Documents.
h. Equal, Equivalent, Satisfactory, Directed, Designated, Selected, As Required and similar words shall mean the written approval, selection, satisfaction, direction, or similar action of the Engineer and/or City.
i. Indicated, Shown, Detailed, Noted, Scheduled or words of similar meaning shall mean that reference is made to the drawings, unless otherwise noted. It shall be understood that the direction, designation, selection, or similar import of the Engineer and/or City is intended, unless stated otherwise.
j. Install means the complete installation of any item, equipment or material. k. Material shall include machinery, equipment, manufactured articles, or construction such as form work, fasteners, etc., and any other classes of material to be furnished in connection with the Contract. All materials shall be new unless specified otherwise. l. Perform shall mean that the Contractor, at Contractor’s expense, shall take all actions necessary to complete T he Work, including furnishing of necessary labor, tools, and equipment, and providing and installing Materials that are indicated, specified, or required to complete such performance.
m. Project is The Work planned by City as provided in the Contract Documents.

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GENERAL CONDITIONS
11 n. Provide shall include provide complete in place, that is furnish, install, test and make ready for use.
o. Recyclable Waste Materials shall mean materials removed from the Project site which are required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock. p. Specifications means that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the work. Except for Sections 1- 9 of the Standard Specifications for Public Works Construction (“Greenbook”), 2006 Edition which are specifically excluded from incorporation into these Contract Documents, the Work shall be done in accordance with the Greenbook, including all current supplem ents, addenda, and revisions thereof. In the case of conflict between the Greenbook and the Contract Documents, the Contract Documents shall prevail.
q. The Work means the entire improvement planned by the City pursuant to the Contract Documents.
r. Work means labor, equipment and materials incorporated in, or to be incorporated in the construction covered by the Contract Documents.

ARTICLE 2. CONTRACT DOCUMENTS
a. Contract Documents. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. b. Interpretations. The Contract Documents are intended to be fully cooperative and to be complementary. If Contractor observes that any documents are in conflict, the Contractor shall promptly notify the Engineer in writing. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:

1. Change Orders or Work Change Directives

2. Addenda

3. Special Provisions (or Special Conditions)

4. Technical Specifications

5. Plans (Contract Drawings)

6. Contract

7. General Conditions

8. Instructions to Bidders

9. Notice Inviting Bids

10. Contractor’s Bid Forms

11. Greenbook Standard Specifications (Sections 1-9 Excluded)

12. Standard Plans

13. Reference Documents

With reference to the Drawings, the order of precedence shall be as follows:

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GENERAL CONDITIONS
12 1. Figures govern over scaled dimensions

2. Detail drawings govern over general drawings

3. Addenda or Change Order drawings govern over Contract Drawings

4. Contract Drawings govern over Standard Drawings

5. Contract Drawings govern over Shop Drawings

c. Conflicts in Contract Documents. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard shall always apply. d. Organization of Contract Documents . Organization of the Contract Documents into divisions, sections, and articles, a nd arrangement of drawings shall not control the Contractor in dividing The Work among subcontractors or in establishing the extent of Work to be performed by any trade.

ARTICLE 3. CONTRACTS DOCUMENTS: COPIES & MAINTENANCE
Contractor will be furnished, free of charge, five (5) copies of the Contract Documents. Additional copies may be obtained at cost of reproduction.

Contractor shall maintain a clean, undamaged set of Contract Documents at the Project site.

ARTICLE 4. DETAIL DRAWINGS AND INSTRUCTIONS
a. Examination of Contract Documents. Before commencing any portion of T he Work, Contractor shall again carefully examine all applicable Contract Documents , the Project site and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity, conflict or lack of detail or explanation. If Contractor performs, permits, or causes the performance o f any W ork which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any subcontrac tor proceed with Work if uncertain as to the applicable requirements.
b. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work.
c. Quality of Parts, Construction and Finish. All parts of T he Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish. In no case shall Contractor proceed with The Work without obtaining first from the Engineer such A pproval may be necessary for the proper performance of Work.
d. Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all applicable laws, ordinances, rules and regulations , the

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GENERAL CONDITIONS
13 Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense.

ARTICLE 5. EXISTENCE OF UTILITIES AT THE WORK SITE
a. The City has endeavored to determine the existence of utilities at the Project site from the records of the owners of known utilities in the vicinity of the Project . The positions of these utilities as derived from such records are shown on the Plans. b. No excavations were made to verify the locations shown for underground utilities . The service connections to these utilities are not shown on the plans. It shall be the responsibility of the Contractor to determine the exact location of all service connections.

The Contractor shall make its own investigations, including exploratory excavations, to determine the locations and type of service connections, prior to commencing Work which could result in damage to such utilities. The Contractor shall immediately notify the City in writing of any utility discovered in a different position than shown on the Plans or which is not shown on the Plans.
c. All water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to final grade by the Contractor. Locations of existing utilities shown on the Plans are approximate and may not be complete. The Contractor shall be responsible for coordinating its W ork with all utility companies during the construction of The Work. d. Notwithstanding the a bove, pursuant to Section 4215 of the Government Code, the City has the responsibility to identify, with reasonable accuracy, main or trunkline facilities on the plans and specifications. In the event that main or trunkline utility facilities are not identified with reasonable accuracy in the plans and specifications made a part of the invitation for bids, City shall assume the responsibility for their timely removal, relocation, or protection.
e. Contractor, except in an emergency, shall contact the appropriate regional notification center, Southern California Underground Service Alert at 1 -800-227-2600 at least two working days prior to commencing any excavation if the excavation will be performed in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the City, and obtain an inquiry identification number from that notification center. No excavation shall be commenced or carried out by the Contractor unless such an inquiry identification number has been assigned to the Contractor or any subcontractor of the Contractor and the City has been given the identification number by the Contractor.

ARTICLE 6. SCHEDULE
a. Estimated Schedule. Within fourteen (14) days after the issuance of the Notice to Proceed, Contractor shall prepare a Project schedule and shall submit this to the Engineer for Approval. The receipt or Approval of any schedules by the Engineer or the City shall not in any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsible to determine and provide for any and all staffing and

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GENERAL CONDITIONS
14 resources at levels which allow for good quality and timely completion of the Project.

Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contract time period. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the Engineer.
b. Schedule Contents. The schedule shall allow enough time for inclement weather. The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and “float time” for all “slack” or “gaps” in the non-critical activities. The schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Project within the time specified for completion. Schedule duration shall match the Contract time.

Schedules indicating early completion will be rejected. c. Schedule Updates. Contractor shall continuously update its construction schedule.

Contractor shall submit an updated and accurate constr uction schedule to the Engineer whenever requested to do s o by Engineer and with each progress payment request. The Engineer may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule.

ARTICLE 7. SUBSTITUTIONS
a. Pursuant to Public Contract Code Section 3400(b) the City may make a finding that is described in the invitation for bids that designates certain products, things, or services by specific brand or trade name.
b. Unless specifically designated in the Contract Documents, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in the Contract Documents. However, the City may have adopted certain uniform standards for certain materials, processes and articles. c. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with the Contractor. The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted.

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Attachment: Exhibit A Contract CDBG Colt-20-1-03K-178 FY21-22 Alley Rehab (3645 : Contract Award - United Paving Company)

GENERAL CONDITIONS
15 d. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from the Contra ctor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution. e. The Contractor shall bear all of the City’s costs associated with the review of substitution requests.
f. The Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article.
g. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

ARTICLE 8. SHOP DRAWINGS
a. Contractor shall check and verify all field measurements and shall submit with such promptness as to provide adequate time for review and cause no delay in his own Work or in that of any other contractor, subcontractor, or worker on the Project, six (6) copies of all shop or setting drawings, calculations, schedules, and materials list, and all other provisions required by the Contract. Contractor shall sign all submittals affirming that submittals have been reviewed and approved by Contractor prior to submission to Engineer. Each signed submittal shall affirm that the submittal meets all the requirements of the Contract Documents except as specifically and clearly noted and listed on the cover sheet of the submittal.
b. Contractor shall make any corrections required by the Engineer, and file with the Engineer six (6) corrected copies each, and furnish such other copies as may be needed for completion of the Work. Engineer’s approval of shop drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has , in writing, called Engineer’s attention to such deviations at time of submission and has secured the Engineer’s written Approval. Engineer’s Approval of shop drawings shall not relieve Contractor from responsibility for errors in shop drawings.

ARTICLE 9. SUBMITTALS
a. Contractor shall furnish to the Engineer for approval, prior to purchasing or commencing any Work, a log of all samples, material lists and certifications, mix designs, schedules, and other submittals, as required in the specifications. The log shall indicate whether samples will be provided in accordance with other provisions of this Contract.

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Attachment: Exhibit A Contract CDBG Colt-20-1-03K-178 FY21-22 Alley Rehab (3645 : Contract Award - United Paving Company)

GENERAL CONDITIONS
16 b. Contractor will provide samples and submittals, together with catalogs and supporting data required by the Engineer, to the Engineer within a reasonable time period to provide for adequate review and avoid delays in the Work.
c. These requirements shall not authorize any extension of time for performance of this Contract. Engineer will check and approve such samples, but only for conformance with design concept of work and for compliance with information given in the Contract Documents. Work shall be in accordance with approved samples and submittals.

ARTICLE 10. MATERIALS
a. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, superintendence, te mporary constructions of every nature, and all other services and facilities of every nature whatsoever necessary to execute and complete this Contract within specified time.
b. Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality. c. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of The Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work.
d. No materials, supplies, or equipment for W ork under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the work and agrees upon completion of all work to deliver the Project, to the City free from any claims, liens, or charges.
e. Materials shall be stored on the Project site in such manner so as not to interfere with any operations of the City or any independent contractor.

ARTICLE 11. CONTRACTOR’S SUPERVISION
Contractor shall continuously keep at the Project site, a competent and experienced full -time Project superintendent approved by the City. Superintendent must be able to proficiently spe ak, read and write in English. Contractor shall continuously provide efficient supervision of t he Project.

ARTICLE 12. WORKERS
a. Contractor shall at all times enforce strict discipline and good order among its employees.

Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her.

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Attachment: Exhibit A Contract CDBG Colt-20-1-03K-178 FY21-22 Alley Rehab (3645 : Contract Award - United Paving Company)

GENERAL CONDITIONS
17 b. Any person in the employ of the Contractor whom the City may deem incompetent or unfit shall be dismissed from The W ork and shall not be employed on this Project except with the written Approval of the City.

ARTICLE 13. SUBCONTRACTORS
a. Contractor agrees to bind every subcontractor to the terms of the Contract Documents as far as such terms are applicable to subcontractor’s portion of The Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents sh all create any contractual relationship between any subcontractor and the City.
b. The City reserves the right to A pprove all subcontractors. The City’s Approval of any subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents.
c. Prior to substituting any subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq.

ARTICLE 14. PERMITS AND LICENSES
Permits and licenses necessary for prosecution of T he Work shall be secured and paid for by Contractor, unless otherwise specified in the Contract Documents. a. Contractor shall obtain and pay for all other permits and licenses required for T he Work, including excavation permit and for plumbing, mechanical and electrical work and for operations in or over public streets or right of way under jurisdiction of public agencies other than the City.
b. The Contractor shall arrange and pay for all off -site inspection of the Work related to permits and licenses, including certification, required by the specifications, drawings, or by governing authorities , except for such of f-site inspections delineated as the City's responsibility pursuant to the Contract Documents.
c. Before Acceptance of the P roject, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the City.

ARTICLE 15. UTILITY USAGE
a. All temporary utilities, including but not limited to electricity, water, gas, and telephone, used on the Work shall be furnished and paid for by Contractor. Contractor shall Provide necessary temporary distribution systems, including meters, if necessary, from distribution points to points on The Work where the utility is needed. Upon completion of The Work, Contractor shall remove all temporary distribution systems.

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Attachment: Exhibit A Contract CDBG Colt-20-1-03K-178 FY21-22 Alley Rehab (3645 : Contract Award - United Paving Company)

GENERAL CONDITIONS
18 b. Contractor shall provide necessary and adequate utilities and pay all costs for water, electricity, gas, oil, and sewer charges required for completion of the Project. c. All permanent meters Installed shall be listed in the Contractor ’s name until Project Acceptance.
d. If the Contract is for construction in existing facilities, Contractor may, with prior written Approval of the City, use the City’s existing utilities by compensating the City for utilities used by Contractor.

ARTICLE 16. INSPECTION FEES FOR PERMANENT UTILITIES
All inspection fees and other municipal charges for permanent utilities including, but not limited to, sewer, electrical, phone, gas, water, and irrigation shall be paid for by the City. Contractor shall be responsible for arranging the payment of such fees, but inspection fees and other municipal fees relating to permanent utilities sh all be paid by the City. Contractor may either request reimbursement from the City for such fees, or shall be responsible for arranging and coordination with City for the payment of such fees.

ARTICLE 17. TRENCHES
a. Trenches Five Feet or More in Depth. The Contractor shall submit to the City, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of any trench or trenches five f eet or more in depth. If the plan varies from shoring system standards, the plan shall be prepared by a registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Constructi on Safety Orders , as defined in the California Code of Regulations.
b. Excavations Deeper than Four Feet. If work under this Contract involves digging trenches or other excavation that extends deeper than four feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any:
1) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Cla ss I, Class II, or Class III disposal site in accordance with provisions of existing law.
2) Subsurface or latent physical conditions at the site differing from those indicated. 3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

The City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in

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Attachment: Exhibit A Contract CDBG Colt-20-1-03K-178 FY21-22 Alley Rehab (3645 : Contract Award - United Paving Company)

GENERAL CONDITIONS
19 Contractor’s cost of, or the time required for, performance of any part of The Work, shall issue a change order under the procedures described in the Contract Documents.

In the event that a dispu te arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of T he Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties.

ARTICLE 18. DIVERSION OF RECYCLABLE WASTE MATERIALS
In compliance with the applicable City’s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests.

Contractor shall complete and execute any certification forms required by City or other applicable agencies to doc ument Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.

ARTICLE 19. REMOVAL OF HAZARDOUS MATERIALS
Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes and hazardous materials which have not been rendered harmless at the Project site, the Contractor shall immediately stop work at the affected Project site and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs and other toxic wastes and hazardous materials, if required by the Project site(s), and shall not require the Contractor to subcontract for such services. T he Work in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor.

ARTICLE 20. SANITARY FACILITIES
Contractor shall provide sanitary temporary toilet buildings for the use of all workers. All toilets shall comply with local codes and ordinances. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by CAL-OSHA regulation.

The toilets shall be maintained in a sanitary condition at all times. Use of toilet facilities in T he Work under construction shall not be permitted. Any other Sanitary Facilities required by CAL - OSHA shall be the responsibility of the Contractor.

ARTICLE 21. AIR POLLUTION CONTROL
Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes.

All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements.

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Attachment: Exhibit A Contract CDBG Colt-20-1-03K-178 FY21-22 Alley Rehab (3645 : Contract Award - United Paving Company)

GENERAL CONDITIONS
20 ARTICLE 22. COMPLIANCE WITH STATE STORM WATER PERMIT a. Contractor shall be required to comply with all conditions of the State Water Resources Control Board ( “State Water Board ”) National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity (“Permit”) for all construction activity which results in the disturbance of in excess of one acre of to tal land area or which is part of a larger common area of development or sale. Contractor shall be responsible for filing the Notice of Intent and for obtaining the Permit. Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (“SWPPP”) prior to initiating Work. In bidding on this Contract, it shall be Contractor’s responsibility to evaluate the cost of procuring the Permit and preparing the SWPPP as well as complying with the SWPPP and any necessar y revision to the SWPPP. Contractor shall comply with all requirements of the State Water Resources Control Board. Contractor shall include all costs of compliance with specified requirements in the Contract amount. b. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, monitoring and reporting requirements as required by the Permit. Contractor shall provide copies of all reports and monitoring information to the Engineer. c. Contractor shall comply with the lawful requirements of any applicable municipality, the City, drainage district, and other local agencies regarding discharges of storm water to separate storm drain system or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs. d. Storm, surface, nuisance, or other waters may be encountered at various times during construction of T he Work. Therefore, the Contractor, by submitting a B id, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom. e. Failure to comply with the Permit is in violation of federal and state law. Contractor hereby agrees to indemnify and hold harmless City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which City, its officials, offi cers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the Permit arising out of or in connection with the Project, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials , officers, agents, employees or authorized volunteers. City may seek damages from Contractor for delay in completing the Contract in accordance with the Contract Documents , caused by Contractor’s failure to comply with the Permit.

ARTICLE 23. CLEANING UP
a. Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment . Contractor shall not store debris under, in, or about the premises. Upon completion of Work, Contractor shall clean the interior and exterior of the

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Attachment: Exhibit A Contract CDBG Colt-20-1-03K-178 FY21-22 Alley Rehab (3645 : Contract Award - United Paving Company)

GENERAL CONDITIONS
21 building or improvement including fixtures, equipment, walls, floors, ceilings, roofs, window sills and ledges, horizontal projections, and any areas where debris has collected so surfaces are free from foreign materi al or discoloration. Contractor shall clean and polish all glass, plumbing fixtures, and finish hardware and similar finish surfaces and equipment and contractor shall also remove temporary fencing, barricades, planking and construction toilet and similar temporary facilities from site. Contractor shall also clean all buildings, asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor operations or equipment. b. Contractor shall fully clean up the site at the completion of T he Work. If the Contractor fails to immediately clean up at the completion of T he Work, the City may do so and the cost of such clean up shall be charged back to the Contractor.

ARTICLE 24. LAYOUT AND FIELD ENGINEERING
All field engineering required for laying out The Work and establishing grades for earthwork operations shall be furnished by the Contractor at its expense. Layout shall be done by a registered civil engineer Approved by the Engineer. Any required “as-built” drawings of the Work shall be prepared by the registered civil engineer.

ARTICLE 25. EXCESSIVE NOISE
a. The Contractor shall use only such equipment on the work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by CAL-OSHA.
b. The Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents , including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defectiv e, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.

ARTICLE 26. TESTS AND INSPECTIONS
a. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority require any part of The Work to be tested or Approved, Contractor shall provide the Engineer at least two (2) working days notice of its readiness for obser vation or inspection. If inspection is by a public authority other than the City, Contractor shall promptly inform the City of the date fixed for such inspection. Required certificates of inspection (or similar) shall be secured by Contractor. Costs for City testing and City

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Attachment: Exhibit A Contract CDBG Colt-20-1-03K-178 FY21-22 Alley Rehab (3645 : Contract Award - United Paving Company)

GENERAL CONDITIONS
22 inspection shall be paid by the City. Costs of tests for Work found not to be in compliance shall be paid by the Contractor.
b. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor’s cost in compliance with the Contract Documents. c. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by the City, and not by Contractor. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.
d. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify the City so that the City may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into The Work.
e. If the manufacture of materials to be inspected or tested will occur in a plant or location outside the geographic limits of City, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging.
f. Reexamination of Work may be ordered by the City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, the City shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs.

ARTICLE 27. PROTECTION OF WORK AND PROPERTY
a. The Contractor shall be responsible for all damages to persons or property that occur as a result of The Work. Contractor shall be responsible for t he proper care and protection of all materials delivered and Work performed until completion and final Acceptance by the City. All Work shall be solely at the Contractor’s risk. Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed.

Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, al l necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction.
b. In an emergency affecting safety of life or of work or of adj oining property, Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act to prevent such threatened loss or injury; and Contractor shall so act, without appeal, if so authorized or instructed by the Engineer o r the City. Any compensation claimed by

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Attachment: Exhibit A Contract CDBG Colt-20-1-03K-178 FY21-22 Alley Rehab (3645 : Contract Award - United Paving Company)

GENERAL CONDITIONS
23 Contractor on account of emergency work shall be determined by and agreed upon by the City and the Contractor.
c. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions. d. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by The Work operations. Contractor shall:
1) Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public. 2) Provide substantial barricades around any shrubs or trees indicated to be preserved. 3) Deliver materials to the Project site over a route designated by the Engineer. 4) Provide any and all dust control required and follow the Applicable air quality regulations as appropriate. If the Contractor does not comply, the City shall have the immediate authority to provide dust control and deduct the cost from payments to the Contractor.
5) Confine Contractor’s apparatus, the storage of materials, and the operations of it s workers to limits required by law, ordinances, permits, or directions of the Engineer. Contractor shall not unreasonably encumber the Project site with its materials.
6) Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by an approved civil engineer or land surveyor, at no cost to the City.
7) Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the City. 8) Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way. 9) At the completion of work each day, leave the Project site in a clean, safe condition.
10) Comply with any stage construction and traffic handling plans. Access to residences and businesses shall be maintained at all times.

These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the Work involved in the preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefor.

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Attachment: Exhibit A Contract CDBG Colt-20-1-03K-178 FY21-22 Alley Rehab (3645 : Contract Award - United Paving Company)

GENERAL CONDITIONS
24 e. Should damage to persons or property occur as a result of The Work, Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired. The City shall be entitled to inspect and copy any such documentation, video, or photographs.

ARTICLE 28. CONTRACTORS MEANS AND METHODS
Contractor is solely responsible for the means and methods utilized to Perform The Work. In no case shall the Contractor’s means and methods deviate from commonly used industry standards.

ARTICLE 29. INSPECTOR’S FIELD OFFICE
a. The Contractor shall be responsible for providing the i nspector’s field office. The Office shall be a substantial waterproof construction with adequate natural light and ventilation by means of stock design windows. Door shall have a key type lock or padlock clasp. The office shall have heating and air conditioning and shall be equipped with a telephone, a telephone answering machine, and a fax machine at Contractor’s expense. b. A table satisfactory for the study of plans and two chairs shall be P rovided by Contractor.

Contractor shall Provide and pay for adequate electric lights, local telephone service, and adequate heat and air conditioning for the field office until authorized removal.

ARTICLE 30. AUTHORIZED REPRESENTATIVES
The City shall designate representatives, who shall have the right to be present at the Project site at all times. The City may designate an inspector who shall have the right to observe all of the Contractor’s Work. The inspector is not authorized to make changes in the Contract Documents.

The inspector shall not be responsible for the Contractor’s failure to carry out T he Work in accordance with the Contract Documents. Contractor shall provide safe and proper facilities for such access.

ARTICLE 31. HOURS OF WORK
a. Eight (8) hours of work shall constitute a legal day’s work. The Contractor and each subcontractor shall forfeit, as penalty to the City, twenty-five dollars ($25) for each worker employed in the execution of Work by the Contractor or any subcontractor for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any week in violation of the provisions of the Labor Code, and in particular, S ection 1810 to Section 1815, except as provided in Labor Code Section 1815.
b. Work shall be accomplished on a regularly scheduled eight (8) hour per day work shift basis, Monday through Friday, between the hours of 7:00 a.m. and 5:00 p.m. c. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project site , other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no Work allowed on City- observed holidays, unless otherwise Approved by the Engineer:

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Attachment: Exhibit A Contract CDBG Colt-20-1-03K-178 FY21-22 Alley Rehab (3645 : Contract Award - United Paving Company)

GENERAL CONDITIONS
25 1) Powered Vehicles
2) Construction Equipment
3) Loading and Unloading Vehicles
4) Domestic Power Tool.

ARTICLE 32. PAYROLL RECORDS
a. Pursuant to Labor Code Section 1776, the Contractor and each subcontractor shall maintain weekly certified payroll records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the work. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury. b. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide the following:
1) A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
2) A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the Department of Industrial Relations (“DIR”).
c. The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE.
d. Any copy of records made available for inspection and furnished upon request to the public shall be marked or obliterated in such a manner as to prevent disclosure of an individual’s name, address, and social security number. The name and address of the Contractor or any subcontractor shall not be marked or obliterated.
e. In the event of noncompliance with the requirements of this Section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying any item or actions necessary to ensure compliance with this section. Should noncompliance still be evident after such ten (10) day period, the Contractor shall, as a penalty to the City, forfeit Twenty -five Dollars ($25.00) for each day, or portion thereof, for each worker until strict compliance is effectuated. Upo n the request of the DIR, such penalties shall be withheld from contract payments.

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Attachment: Exhibit A Contract CDBG Colt-20-1-03K-178 FY21-22 Alley Rehab (3645 : Contract Award - United Paving Company)

GENERAL CONDITIONS
26 ARTICLE 33. PREVAILING RATES OF WAGES
a. The Contractor is aware that this project is federally funded through the U .S. Department of Housing and Urban Development (HUD) with Community Development Block Grant of CDBG funds along with the requirements of Labor Code Sections 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 certain “public works” and “maintenance” projects.

Since this Project involves an applicable “publ ic works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Agreement from the federal prevailing wage website: https://www.wdol.gov/dba.aspx. In the alternative, the Contractor may view a copy of the prevailing rates of per diem wages at the City. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker n eeded to perform work on the Project 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 claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
b. The Contractor and each subcontractor shall forfeit as a penal ty to the City not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.
c. Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.
d. If the Work involves federal funds or otherwise requires compliance with the Davis-Bacon Fair Labor Standards Act, the Contractor and all its subcontractors shall comply with the higher of the state or federal prevailing wage rates.

ARTICLE 34. EMPLOYMENT OF APPRENTICES
The Contractor’s attention is directed to the provisions of Sections 1777.5, 1777.6, and 1777.7 of the Labor Code concerning employment of apprentices by the Contractor or any subcontractor.

The Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Section 1777.5, 1777.6, and 1777.7 of the Labor Code. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, the Administrator of Apprenticeships, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

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GENERAL CONDITIONS
27 ARTICLE 35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY Pursuant to Labor Code Section 1735 and other applicable provisions of law, the Contractor and its su bcontractors shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap on this Project. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap.

ARTICLE 36. LABOR/EMPLOYMENT SAFETY
The Contractor shall maintain emerg ency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4.

WORKERS’ COMPENSATION INSURANCE
The Contractor shall P rovide, during the life of this Contract, workers’ compensation insurance for all of the employees engaged in Work under this Contract, on or at the Project site, and, in case any of sublet Work, the Contractor shall require the subcontractor similarly to provide workers’ compensation insurance for all the latter’s employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor’s insurance shall be covered by the Contractor’s insurance. In case any class of employees engaged in work under this Contract, on or at the Project site, is not protected under the Workers’ Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of Section 3700 of the Labor Code. The Contractor shall file with the City certificates of his insurance protecting workers.

Company or companies providing insurance coverage shall be acceptable to the City, if in the form and coverage as set forth in the Contract Documents.

ARTICLE 37. EMPLOYER’S LIABILITY INSURANCE
Contractor shall provide during the life of this Contract, Employer’s Liability Insurance, including Occupational Disease, in the amount of, at least, one million dollars ($1,000,000.00) per person per accident. Contractor shall provide City wit h a certificate of Employer’s Liability Insurance.

Such insurance shall comply with the provisions of the Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of the City.

ARTICLE 38. COMMERCIAL GENERAL LIABILITY INSURANCE
a. Contractor shall procure and maintain during the life of this Contract and for such other period as may be required herein, at its sole expense, Commercial General Liability insurance coverage, including but not limited to, premises liability, contractual liability, products/completed operations if applicable, personal and advertising injury – which may arise from or out of Contractor’s operations, use, and management of the Project s ite, or

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GENERAL CONDITIONS
28 the performance of its obligations hereunder. Policy limits shall not be less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b. Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to the City, and shall not preclude the City from taking such other actions available to the City under other provisions of the Contract Documents or law.
c. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Contract. If any subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold the City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by the City as a result thereof.
d. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents.
e. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non- owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under -ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions, relating to liability for injury to or death of persons and damage to property. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the City may require additional coverage to be purchased by Contractor to restore the required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents.

ARTICLE 39. AUTOMOBILE LIABILITY INSURANCE
Contractor shall take out and maintain at all times during the term of this Contract Automobile Liability Insurance in the amount of, at least, one million dollars ($1,000,000). Such insurance shall provide coverage for bodily injury and property damage including coverage for non- owned and hired vehicles, in a form and with insurance companies acceptable to the City. Such insurance shall comply with the provisions of Article 30 below.

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GENERAL CONDITIONS
29 ARTICLE 40. BUILDER’S RISK [“ALL RISK”]
a. It is the Contractor’s responsibility to maintain or cause to be maintained Builder’s Risk [ “All Risk”] extended coverage insurance on all work, material, equipment, appliances, tools, and structures which are a part of the Contract and subject to loss or damage by fire, and vandalism and malicious mischief, in an amount to cover 100% of the replacement cost. The City accepts no responsibility until the Contract is formally accepted by the Governing Board for the work. The Contractor is required to file with the City a certificate evidencing fire insurance coverage.
b. Provide insurance coverage on completed value form, all -risk or special causes of loss coverage.
1) Insurance policies shall be so conditioned as to cover the performance of any extra work performed under the Contract.
2) Coverage shall include all materials stored on site and in transit. 3) Coverage shall include Contractor’s tools and equipment. 4) Insurance shall include boiler, machinery and material hoist coverage. c. Such insurance shall comply with the provisions of the Contract Documents.

ARTICLE 41. FORM AND PROOF OF CARRIAGE OF INSURANCE
a. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the City Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A:VIII. Insurance deductibles or self -insured retentions must be declared by the Contractor, and such deductibles and retentions sha ll have the prior written consent from the City. At the election of the City the Contractor shall either 1) reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. b. Contractor shall cause its insurance carrier(s) to furnish the City with either 1) a properly executed original Certificates(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, or 2) if requested to do so in writing by the City Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. The Cit y, its Director’s and officers, employees, agents or representatives are named as Additional Insureds and Provide a Waiver of Subrogation in favor of those parties . Further, said Certificates(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that shall provide no less than thirty (30) days written notice be given to the City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the City may terminate or Stop Work pursuant to the Contract Documents, unless the City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of

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GENERAL CONDITIONS
30 endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage s set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Project site, or commence operations under this Agreement until the City has been furnished original Certificate(s) of Insurance and certified original copies of Endorsements or policies of insurance including all Endorsements and any and all other attachments as required in this Section. The original Endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf. c. It is understood and agreed to by the parties hereto and the insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary, and the City’s insurance and/or deductibles and/or self -insured retentions or self -insured programs shall not be construed as contributory.
d. The City reserves the right to adjust the monetary limits of insurance coverage’s during the term of this Contract including any extension thereof-if in the City’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate. e. Contractor shall pass down the insurance obligations contained herein to all tiers of sub - contractors working under this Contract.

ARTICLE 42. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
a. Time for Completion/Liquidated Damages. Work shall be commenced within ten (10) days of the date stated in the City’s Notice to Proceed and shall be completed by Contractor in the time specified in the Contract Documents. The City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by the City’s receipt or acceptance of the Contractor’s proposed earlier completio n date.

Furthermore, Contractor shall not, under any circumstances, receive additional compensation from the City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date. If T he Work is not completed as stated in the Contract Documents, it is understood that the City will suffer damage. In accordance with Government Code section 53069.85, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each day of delay until The Work is fully completed. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages.
b. Inclement Weather. Contractor shall abide the Engineer’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule.
c. Extension of Time. Contractor shall not be charged liquidated damages beca use of any delays in completion of T he Work due to unforeseeable causes beyond the control and

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GENERAL CONDITIONS
31 without the fault or negligence of Contractor (or its subcontractors or suppliers).

Contractor shall within five (5) Days of identifying any such delay notify the City in writing of causes of delay. The City shall ascertain the facts and extent of delay and grant extension of time for completing The Work when, in its judgment, the facts justify such an extension.

Time extensions to the Project shall be requested by the Contractor as they occur and without delay. No delay claims shall be permitted unless the event or occurrence delays the completion of the Project beyond the Contract completion date. d. No Damages for Reasonable Delay. The City’s liability to Contra ctor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable City delay, including delays caused by items that are the responsibility of the City pursuant to Government Code section 4215, shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.

ARTICLE 43. COST BREAKDOWN AND PERIODIC ESTIMATES
Contractor shall furnish on forms Approved by the City:
a. Within ten (10) D ays of award of the Contract a detailed estimate giving a complete breakdown of the Contract price;
b. A monthly itemized estimate of Work done for the purpose of making progress payments.

In order for the City to consider and evaluate each progress payment application, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) Day of the following month. c. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid Form. d. Following the City’s Acceptance of the Work, the Contractor shall submit to the City a written statement of the final quantities of unit price items for inclusion in the final payment request.
e. The City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment.

Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project.

ARTICLE 44. MOBILIZATION
a. When a bid item is included in the Bid Form for mobilization, the costs of Work in advance of construction operations and not directly attributable to any specific bid ite m will be included in the progress estimate (“Initial Mobilization”). When no bid item is provide d

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GENERAL CONDITIONS
32 for “Initial Mobilization,” payment for such costs will be deemed to be included in the other items of The Work.
b. Payment for Initial Mobilization based on the lump sum provided in the Bid Form, which shall constitute full compensation for all such Work. No payment for Initial Mobilization will be made until all of the listed items have been completed to the satisfaction of the Engineer. The scope of the W ork included under Initial Mobilization shall include, but shall not be limited to, the following principal items:

1. Obtaining and paying for all bonds, insurance, and permits.

2. Moving on to the Project site of all Contractor’s plant and equipment required for first month’s operations.

3. Installing temporary construction power, wiring, and lighting facilities.

4. Establishing fire protection system.

5. Developing and installing a construction water supply.

6. Providing and maintaining the fiel d office trailers for the Contractor and the Engineer, complete, with all specified furnishings and utility services including telephones, telephone appurtenances, computer and printer, and copying machine.

7. Providing on- site communication facilities for the Owner and the Engineer, including telephones, radio pagers, and fax machines.

8. Providing on-site sanitary facilities and potable water facilities as specified per Cal- OSHA and these Contract Documents.

9. Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer’s specified storage requirements, and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security.

10. Arranging for and erection of Contractor’s work and storage yard.

11. Posting all OSHA required notices and establishment of safety programs per Cal - OSHA.

12. Full-time presence of Contractor’s superintendent at the job site as required herein.

13. Submittal of Construction Schedule as required by the Contract Documents.

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GENERAL CONDITIONS
33 ARTICLE 45. PAYMENTS
a. The City shall m ake monthly progress payments following receipt of undisputed and properly submitted payment request s. Contractor shall be paid a sum equal to ninety percent (90%) of the value of W ork performed up to the last day of the previous month, less the aggregate of previous payments.
b. The Contractor shall, after the full completion of T he Work, submit a final payment application. All prior progress estimates shall be subject to correction in the final estimate and payment.
c. Unless otherwise required by law, t he final payment of ten percent (10%) of the value of the Work, if unencumbered, shall be paid no later than sixty ( 60) Days after the date of recordation of the Notice of Completion.
d. Acceptance by Contractor of the final payment shall constitute a waiver of al l claims against the City arising from this Contract.
e. Payments to the Contractor shall not be construed to be an acceptance of any defective work or improper materials, or to relieve the Contractor of its obligations under the Contract Documents.
f. The Contractor shall submit with each payment request the Contractor’s conditional waiver of lien for the entire amount covered by such payment request , as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and material men for all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code Section 3262. Prior to final payment by the City, the Contractor shall submit a final waiver of lien for the Contractor’s work, together with releases of lien from any subcontractor or materialmen.

ARTICLE 46. PAYMENTS WITHHELD AND BACKCHARGES
In addition to amounts which the City may retain under other provisions of the Contract Documents the City may withhold payments due to Contractor as may be necessary to cover:
a. Stop Notice Claims.
b. Defective work not remedied.
c. Failure of Contractor to make proper payments to its subcontractors or suppliers. d. Completion of the Contract if there exists a reasonable doubt that the work can be completed for balance then unpaid.
e. Damage to another contractor or third party.
f. Amounts which may be due the City for claims against Contractor.

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GENERAL CONDITIONS
34 g. Failure of Contractor to keep the record (“as-built”) drawings up to date. h. Failure to provide updates on the construction schedule. i. Site cleanup.
j. Failure of the Contractor to comply with requirements of the Contract Documents. k. Liquated damages.
l. Legally permitted penalties.

Upon completion of the Contract, the City will reduce the final Contract amount to reflect costs charged to the Contractor, backcharges or payments withheld pursuant to the Contract Documents.

ARTICLE 47. CHANGES AND EXTRA WORK
a. Change Order Work.
1) The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, the Contract amount and Contract time being adjusted accordingly. All such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. A Change Order sig ned by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract amount or the Contract time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order. 2) All claims for additional compensation to the Contractor shall be presented in writing before the expense is incurred and will be adjusted as provided herein. No work shall be allowed to lag pending such adjustment, but shall be promptly executed as directed, even if a dispute arises. No claim will be considered after the work in question has been done unless a written contract change order has been issued or a timely written notice of claim has been made by Contractor. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions and provisions of the original Contract. 3) Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract time, within seven (7) Days after receipt of a scope of a proposed change order , unless the City requests that proposals be submitted in less than seven (7) Days.
4) Contractor Initiated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order.

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GENERAL CONDITIONS
35 5) Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and the City.
6) Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by the City. 7) If the Contractor fails to submit the cost proposal within the seven (7) Day period (or as requested), the City has the right to order the Contractor in writing to commence the work immediately on a force account basis and/or issue a lump sum change to the contract price in accordance with the City’s estimate of cost. If the change is issued based on the City estimate, the Contractor will waive its right to dispute the action unless within fifteen (15) D ays following completion of the added/deleted work, the Contractor presents written proof that the City’s estimate was in error.
8) Estimates for lump sum quotations and accounting for cost -plus-percentage work shall be limited to direct expenditures necessitated specifically by the subject extra work, and shall be segregated as follows:
(a) Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the extra work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery. Materials cost shall be based upon supplier or manufacturer’s invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the Engineer shall determine the materials cost, at its sole discretion. (c) Tool and Equipment Use . No payment will be made for the use of small tools, tools which have a replacement value of $1,000 or less. Regardless of ownership, the rates to be used in determining equipment use costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the work is performed.
(d) Overhead, Profit and Other Charges. The mark-up for overhead (including supervision) and profit on work added to the Contract shall be according to the following:

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GENERAL CONDITIONS
36 i. “Net Cost” is defined as consisting of costs of labor, materials and tools and equipment only excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and subcontractors at cost only, without mark-up. ii. For Work performed by the Contractor’s forces the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Net Cost of the Work.
iii. For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Net Cost of the Work to which the Contractor may add five (5%) percent of the subcontractor’s Net Cost.
iv. For Work performed by a sub-subcontractor the added cost for overhead and profit shall not exceed fifteen (15 %) percent of the Net Cost for Work to which the subcontractor and general contractor may each add an additional five (5 %) percent of the Net Cost of the lower tier subcontractor.
iv. No additional mark up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by City exceed twenty-five (25%) percent of the Net Cost as defined herein.
9) For added or deducted Work by subcontractors, the Contractor shall furnish to the City the subcontractor’s signed detailed estimate of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub-subcontractors.
10) For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to the City a detailed estimate or quotation of the cost to the Contracto r, signed by such vendor or supplier.
11) Any change in The Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an extra; overhead and profit allowances shall not be applied if the net total cost is a credit. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed.
12) Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the change order for work. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City’s change order form in an attempt to reserve additional rights.

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GENERAL CONDITIONS
37 13) If the City disagrees with the proposal submitted by Contractor, it will notify the Contractor and the City will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with the City, a change order will be issued by the City. If no agreement can be reached, the City shall have the right to issue a unilateral change order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such determination shall become final and binding if the Contractor fails to submit a claim in writing to the City within fifteen (15) Days of the issuance of the unilateral change order, disputing the terms of the unilateral change order. 14) No dispute, disagreement or failure of the parties to reach agreement on the terms of the change order shall relieve the Contractor from the obligation to proceed with performance of the work, including extra work, promptly and expeditiously. 15) Any alterations, extensions of time, extra work or any other changes may be made without securing consent of the Contractor’s surety or sureties.

ARTICLE 48. OCCUPANCY
The City reserves the right to occupy or utilize any portion of The Work at any time before completion, and such occupancy or use shall not constitute Acceptance of any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities under the Contract.

ARTICLE 49. INDEMNIFICATION
Contractor shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, agents, employ ees, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses.

Contractor shall defend, at Co ntractor’s own cost, expense and risk, with c ounsel of City’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, agents, employees and representatives. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those impo sed by Civil Code Section 2782.

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GENERAL CONDITIONS
38 ARTICLE 50. RECORD (“AS BUILT”) DRAWINGS
a. Contractor shall prepare and maintain a complete set of record drawings (herein referred to as “as-builts”) and shall require each trade to prepare its own as- builts. The as -builts must show the entire site for each major trade, including but not limited to water, sewer, electrical, data, telephone, cable, fire alarm, gas and plumbing. Contractor shall mark the as-builts to show the actual instal lation where the installation varies from the Work as originally shown. Contractor shall mark whichever drawings are most capable of showing conditions fully and where shop drawings are used, Contractor must record a cross - reference at the corresponding l ocation on the contract drawings. Contractor shall give particular attention to concealed elements that would be difficult to measure and record at a later date. Contractor shall use colors to distinguish variations in separate categories of The Work.
b. Contractor shall note related change order numbers where applicable. Contractor shall organize as-builts into manageable sets, bound with durable paper cover sheets and shall print suitable title, dates and other identification on the cover of each set. Contractor to also provide an electronic version of the as -builts. The suitability of the as -builts will be determined by the Engineer.

ARTICLE 51. RESOLUTION OF CONSTRUCTION CLAIMS
a. In accordance with Public Contract Code Sections 20104 et seq. and other applicable law, public works claims of $375,000 or less which arise between the Contractor and the City shall be resolved under the following the statutory procedure unless the City has elected to resolve the dispute pursuant to Public Contract Code Section 10240 et seq. b. All Claims: All claims shall be submitted in writing and accompanied by substantiating documentation. Claims must be filed on or before the date of final payment unless other notice requirements are provided in the contract. "Claim" means a separate demand by the claimant for (1) a time extension, (2) payment of money or damages arising from work done by or on behalf of the claimant and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled, or (3) an amount the payment of which is disputed by the City.
c. Claims Under $50,000. The City shall respond in writing to the claim within 45 days of receipt of the claim, or, the City may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have. If additional information is needed thereafter, it shall be provided upon mutual agreement of the City and the claimant. The City's written response shall be submitted 15 days after receiving the additional documentation, or within the same period of time taken by the claimant to produce the additional information, whichever is greater. d. Claims over $50,000 but less than or equal to $375,000. The City shall respond in writing within 60 days of receipt, or, may request in writing within 30 days of receipt of the claim, any additional documents supporting the claim or relating to defenses or claims the City may have against the claimant. If additional information is needed thereafter, it

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GENERAL CONDITIONS
39 shall be provided pursuant to mutual agreement between the City and the claimant. The City's response shall be submitted within 30 days after receipt of the further documents, or within the same period of time taken by the claimant to produce the additional information or documents, whichever is greater. The Contractor shall make these records and documents available at all reasonable times, without any direct charge. e. The Contractor will submit the claim justification in the following format:
1) Summary of claim merit and price, and Contract clause pursuant to which the claim is made.
2) List of documents relating to claim
(a) Specifications
(b) Drawings
(c) Clarifications (Requests for Information)
(d) Schedules
(e) Other
3) Chronology of events and correspondence
4) Analysis of claim merit
5) Analysis of claim cost
6) Analysis of time impact analysis in CPM format
7) Cover letter and certification of validity of the claim f. If the claimant disputes the City's response, or if the City fails to respond within the statutory time period(s), the claimant may so notify the City within 15 days of the receipt of the response or the failure to respond, and demand an informal conference to meet and confer for settlement. Upon such demand, the City sha ll schedule a meet and confer conference within 30 Days.
g. If following the meet and confer conference, the claim or any portion thereof remains in dispute, the claimant may file a claim pursuant to Government Code 900 et seq. and Government Code 910 et seq. For purposes of those provisions, the time within which a claim must be filed shall be tolled from the time the claimant submits the written claim until the time the claim is denied, including any time utilized for the meet and confer conference.
h. Submission of a claim, properly certified, with all required supporting documentation, and written rejection or denial of all or part of the claim by City, is a condition precedent to any

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GENERAL CONDITIONS
40 action, proceeding, litigation, suit, general conditions claim, or demand f or arbitration by Contractor.

ARTICLE 52. CITY’S RIGHT TO TERMINATE CONTRACT
a. Termination for Cause: The City may, without prejudice to any other right or remedy, serve written notice upon Contractor of its intention to terminate this Contract if the Contractor: (i) refuses or fails to prosecute T he Work or any part thereof with such diligence as will ensure its completion within the time required; (ii) fails to complete T he Work within the required time; (iii) should file a bankruptcy petition or be adjudged a bankrupt; (iv) should make a general assignment for the benefit of its creditors; (v) should have a receiver appointed; (vi) should persistently or repeatedly refuse or fail to supply enough properly skilled workers or proper materials to complete the work; (vii) should fail to make prompt payment to subcontractors or for material or labor; (viii) persistently disregard laws, ordinances, other requirements or instructions of the City; or (ix) should violate any of the provisions of the Contract Documents.

The notice of intent to terminate shall contain the reasons for such intention to terminate.

Unless within ten (10) Days after the service of such notice, such condition shall cease or satisfactory arrangements (acceptable to the City) for the required correction are made, this Contract shall be terminated. In such case, Contractor shall not be entitled to receive any further payment until the Project has been finished. The City may take over and complete The Work by any method it may deem appropriate. Contractor and its surety shall be liable to the City for any excess costs or other damages incurred by the C ity to complete the Project. If the City takes over The Work, the City may, without liability for so doing, take possession of and utilize in completing The Work such materials, appliances, plant, and other property belonging to the Contractor as may be on the Project site. b. Termination For Convenience: The City may terminate performance of T he Work in whole or, in part, if the City determines that a termination is in the City's interest.

The Contractor shall terminate all or any part of The Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of the City, the extent of termination, and the effective date of such termination.

After receipt of Notice of Termination, and except as directed by the City, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this Termination for Convenience clause, immediately proceed with the following obligations:
1) Stop Work as specified in the Notice.
2) Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.
3) Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Documents is

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41 situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety.
4) Terminate all subcontracts to the extent that they relate to the portions of The Work terminated.
5) Place no further subcontracts or orders, except as necessary to complete the remaining portion of The Work.
6) Submit to the City , within ten (10) Days from the e ffective date of the Notice of Termination, all of the documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentat ion substantiating costs incurred by the Contractor solely as a result of the City 's exercise of its right to terminate this Contract pursuant to this clause, which costs the Contractor is authorized under the Contract Documents to incur, shall: (i) be submitted to and received by the City no later than thirty (30) Da ys after the Effective Date of the Notice of Termination; (ii) describe the costs incurred with particularity; and (iii) be conspicuously identified as "Termination Costs Occasioned by the City's Termination for Convenience."
7) These provisions are in addition to and not in limitation of any other rights or remedies available to the City.
c. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease W ork on the Project until such safety or liability issues are addressed to the satisfaction of the City or the Contract is terminated.

ARTICLE 53. WARRANTY AND GUARANTEE
a. Contractor warrants that all materials and equipment furnished under this Contract shall be new unless otherwise specified in the Contract Documents; and that all Work conforms to the Contract Document requirements and is free of any defect whether performed by the Contractor or any subcontractor or supplier.
b. Unless otherwise stated, all warranty periods shall begin upon the filing of the N otice of Completion. Unless otherwise stated, the warranty period shall be for one year. c. The Contractor shall remedy at its expense any damage to C ity-owned or controlled real or personal property.
d. Contractor shall furnish the City with all warranty and guarantee documents prior to final Acceptance of the Project by the City.
e. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) D ays after being

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GENERAL CONDITIONS
42 notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect, or damage; the county shall have the right to replace, repair, or otherwise remedy the defect, or damage at the Contractor’s expense. f. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the Ci ty may undertake at Contractor ’s expense, and without prior notice, all Work necessary to correct such condition.
g. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Work performed and Materials furnished under this Contract, the Contractor shall:
1) Obtain for City all warranties that would be given in normal commercial practice; 2) Require all warranties to be executed, in writing, for the benefit of the City; and 3) Enforce all warranties for the benefit of the City, unless otherwise directed in writing by the City.

This Article shall not limit the C ity’s rights under this Contract or with respect to latent defects, gross mistakes, or fraud. The C ity specifically reserves all rights related to defective work, including but not limited to the defect claims pursuant to California Code of Civil Procedure Section 337.15.

ARTICLE 54. DOCUMENT RETENTION & EXAMINATION
a. In accordance with Government Code Section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment.
b. Contractor shall make available to the City any of the Contractor’s other documents related to the Project immediately upon request of the City.
c. In addition to the State Auditor rights above, t he City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the C ity, for a period of four (4) years after final payment.

ARTICLE 55. SOILS INVESTIGATIONS
When a soils investigation report for the Project site is available, such report shall not be a part of the Contract Documents. Any information obtained from such report as to subsurface soil condition, or to elevations of existing grades or elevations of underlying rock, is approximate only and is not guaranteed. Contractor acknowledges that any soils investigation report (including any borings) was prepared for purposes of design only and Contractor is required to examine the site

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GENERAL CONDITIONS
43 before submitting its bid and must make whatever tests it deems appropriate to determine the underground condition of the soil.

ARTICLE 56. SEPARATE CONTRACTS
a. The City reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and c oordinate its Work with theirs.
b. To ensure proper execution of its subsequent W ork, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the work in place or discrepancies with the Contract Documents.
c. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the City in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project. Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer shall decide which Contractor shall cease W ork temporarily and which contractor shall con tinue or whether work can be coordinated so that contractors may proceed simultaneously. The City shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project site.

ARTICLE 57. NOTICE AND SERVICE THEREOF
All notices shall be in writing and either served by personal delivery or mailed to the other party as designated in the Bid Forms. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to C ity shall be addressed to the C ity as designated in the Notice Inviting Bids unless City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) Days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

ARTICLE 58. NOTICE OF THIRD PARTY CLAIMS
Pursuant to Public Contract Code Section 9201, the City shall provide Contractor with timely notification of the receipt of any third-party claim relating to the Contract.

ARTICLE 59. STATE LICENSE BOARD NOTICE.

Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A

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GENERAL CONDITIONS
44 complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registr ar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

ARTICLE 60. INTEGRATION
a. Oral Modifications Ineffective. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligati ons contained in the Contract Documents.
b. Contract Documents Represent Entire Contract. The Contract Documents represent the entire agreement of the City and Contractor.

ARTICLE 61. ASSIGNMENT
Contractor shall not assign, transfer, convey, sublet, or otherwise dispos e of this Contract or any part thereof including any claims, without prior written consent of the City. Any assignment without the written consent of the City shall be void. Any assignment of money due or to become due under this Contract shall be subjec t to a prior lien for services rendered or M aterial supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such M aterials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code.

ARTICLE 62. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY
Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first n otify the City in order that proper steps may be taken to have the change reflected on the Contract.

ARTICLE 63. ASSIGNMENT OF ANTITRUST ACTIONS
Pursuant to Section 7103.5 of the Public Contract Code, in entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. S ection 15) or under the Cartwright Act (chapter 2 (commencing with Section 16700) of part 2 of division 7 of the Business and Professions Code), arising from the purchase of goods, services, or materials pursuant to this Contract or any subcontract. This assignment shall be made and become effective at the time the City makes final payment to the Contractor, without further acknowledgment by the parties.

ARTICLE 64. PROHIBITED INTERESTS
No City official or representative who is authorized in such capacity and on behalf of the City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or

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GENERAL CONDITIONS
45 any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract.

ARTICLE 65. LAWS AND REGULATIONS
a. Contractor shall give all notices and comply with all federal, state and local laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified by their terms . R eferences to specific laws, rules or regulations in this Contract are for reference purposes only, and shall not limit or affect the applicability of provisions not specifically mentioned. I f Contractor observes that drawings and specifications are at variance therewith, he shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in work. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom.
b. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA laws, rules and regulations. Contractor shall comply with the Historic Building Code, including, but not limited to, as it relates to the ADA, whenever applicable. c. Contractor acknowledges and understands that, pursuant to Public Contract Code Section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code Section 2717(b) in order to supply mined material for th is Contract.

ARTICLE 66. PATENT FEES OR ROYALTIES.

The Contractor shall include in its bid amount the patent fees or royalties on any patented article or process furnished or used in the Work. Contractor shall assume all liability and responsibility arising from th e use of any patented, or allegedly patented, materials, equipment, devices or processes used in or incorporated with The Work, and shall defend, indemnify and hold harmless the City, its officials, officers, agents, employees and representatives from and against any and all liabilities, demands, claims, damages, losses, costs and expenses, of whatsoever kind or nature, arising from such use.

ARTICLE 67. OWNERSHIP OF DRAWING
All Contract Documents furnished by the City are City property. They are not to be used by Contractor or any subcontractor on other work nor shall Contractor claim any right to such documents. With exception of one complete set of Contract Documents, all documents shall be returned to the City on request at completion of The Work.

ARTICLE 68. NOTICE OF TAXABLE POSSESSORY INTEREST
In accordance with Revenue and Taxation Code Section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible.

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TP-1

TABLE OF CONTENTS

Page No.

SECTION 1 TECHNICAL PROVISION

1.01 Mobilization TP-2

1.02 Construction Survey and Staking TP-2

1.03 Traffic Control TP-2

1.04 SWPPP and Erosion Control Plan TP-3

1.05 Removal and Disposal of Existing
Asphalt paving, Concrete Gutter, Clearing, Grubbing and Grading TP-3

1.06 Construction of Asphalt Paving TP-3

1.07 Construction of Alley Approach, Complete, Curb, Gutter, Sidewalk and Handicap Ramp TP-4

1.08 Construction of Cross Gutter TP-4

1.09 Adjustment of water meter box and manhole cover TP-5

1.10 Standard Specifications and Standard Drawings TP-5

1.11 Addenda TP-5

1.12 Time of Completion TP-5

1.13 Inspection TP-6

1.14 Public Convenience and Safety TP-6

1.15 Sound Control Requirements TP-7

1.16 Liquidated Damages TP-7

1.17 Material TP-7

1.18 Guarantee TP-8

1.19 Demolition and Removal TP-8

1.20 Project Location with Scopes and Applicable City Std. TP-8

1.21 Attachment D TP-9

1.22 Davis Bacon Wage Determination

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SECTION 1: TECHNICAL PROVISIONS

1.01 MOBILIZATION

Mobilization shall conform to the provisions in Section 9-3.4, “Mobilization”, of the Standard Specifications of Public Works Construction, 2021 edition.

PAYMENT
Payment for these items will be measured by unit specified on the bid schedule and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work necessary as specified in the Contract Docu ments and Specifications, Standard Drawings, supplemental details, these Special provisions, and as directed by the Engineer or his appointed designee. Bid Item shall be billed in amounts relative (percentage-wise) to the rate of completion of the work of the Project.

1.02 CONSTRUCTION SURVEYING AND STAKING

GENERAL
This item shall consist of all surveying required for the construction of the project and shall be performed in accordance with the Standard Specifications, the plans, and these Special Provisions. Surveying shall conform to SSPWC Section 2-9 except as modified or amended below.

The engineer will set only the horizontal and vertical control survey points shown. These will be set prior to the commencement of construction. The Contractor shall preserve these points as well as any other surveys established by the Engineer for use by the contractor for the duration of their usefulness. If any survey points established by the Engineer are lost or disturbed and need to be replaced. Such replacemen t shall be by the Engineer at the expense of the Contractor. The Contractor shall employ engineers or surveyors to perform adequate surveys and staking necessary to construct the Work to the lines and grades shown on the Plans and for the Engineer’s use in checking such work. Copies of the field notes or diagrams used in setting stakes shall be promptly furnished to the Engineer.

PAYMENT
Payment for performing all of the surveying and staking as required by the Specifications and such additional surveying and staking as required by the Contractor will be made on a lump sum basis and shall include full compensation for furnishing all labor, equipment, instruments, materials, and all other necessary and incidental items required to complete the work.

1.03 TRAFFIC CONTROL

Attention is directed to Section 7 -10, "Public Convenience and Safety" of the Standard Specifications. The Contractor shall maintain at least one lane of traffic during working hours. An exhibit showing Advance Warning, Lane Closure, Signing, Detours, and delineation shall be submitted by the Contractor, in accordance with the Work Area Traffic Control Handbook (W.A.T.C.H.), to the City Traffic Engineer for approval.

The Contractor shall maintain all temporary signing and devices to the satisfaction of the City Traffic Engineer. The Contractor shall, at his/her expense, furnish, install, temporary reflective centerline an d laneline tapes and painted barricades or provide flagmen in sufficient number to the satisfaction of the City Traffic Engineer for adequate traffic control in and on the streets that lead to the construction area. No paper signs other than temporary "No Parking" signs are allowed. Conflicting traffic signs and posts shall be removed, covered or relocated as directed by the City Traffic Engineer.

PAYMENT

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Payment for traffic control shall be as the unit price specified on the Bid Schedule and considered full compensation for furnishing all labor, materials, tools and equipment necessary to perform all the work as specified herein and on the plans.

1.04 STORM WATER POLLUTION PREVENTION PLAN AND EROSION CONTROL

Storm Water Pollution Prevention Plan and Erosion Control shall conform to the provisions in Section 7- 8.6, “Water Pollution Control”, of the Standard Specifications of Public Works Construction, 2009 edition.

PAYMENT
Payment for SWPPP and Erosion Control Plan shall be as the unit price specified on the Bid Schedule and considered full compensation for furnishing all labor, materials, tools, design, data, and calculation necessary to perform prepare SWPPP.

1.05 REMOVAL AND DISPOSAL OF EXISTING ASPHALT, CONCRETE GUTTER,

CLEARING, GRUBBING AND GRADING

GENERAL
The location of the existing concrete curb, gutter, sidewalk, and drive approach to be removed shall be as indicated on Plan; the resultant materials shall be disposed of as provided in CAL -TRANS Standard Specifications, Section 7-1.13 – Disposal of Material Outside the Highway Right of Way.

Work for this item shall include all necessary saw cutting and shall be done as per Standard Specifications (Green Book) Section 300 -1.3.2. Clearing and Grubbing shall conform to the provisions in Section 300-1, “Clearing and Grubbing”, of the Standard Specifications of Public Works Construction, 2009 edition.

PAYMENT
Payment for this work will be measure by unit as specified in the Bid Schedule and include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work as specified in the Contract Documents, Plans & Standard Specifications, these Special Provisions, and as directed by the City Engineer.

1.06 ASPHALT CONCRETE PAVEMENT

1.06-1.01 Hot Mix Asphalt
This work includes producing and placing hot mix asphalt (HMA) Type A. Comply with the specifications for HMA under Section 39, "Hot Mix Asphalt" of the Standard Specifications and these Special Provisions. All other requirements of Section 39 shall apply unless otherwise modified or replaced in these Special Provisions.

The type of hot mix asphalt will be shown on the plans or specified in the Special Provisions.

Asphalt shall conform to the provisions in this Section, “Asphalts.” Section 92, “Asphalts” of the Standard Specifications shall not apply.

Asphalt shall consist of refined petroleum or a mixture of refined liquid asphalt and refined solid asphalt, prepared from crude petroleum. Asphalt shall be:

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1. Free from residues caused by the artificial distillation of coal, coal tar, or paraffin;

2. Free from water;

3. Homogeneous.

The Contractor shall furnish asphalt in conformance with the State of California Department of Transportation’s “Certification Program for Suppliers of Asphalt”. The Department maintains the program requirements, procedures, and a list of approved suppliers at http://www.dot.ca.gov/hq/esc/Translab/fpmcoc.htm or the State of California Department of Transportation’s METS web site.

The Contractor shall ensure the safe transportation, storage, use, and disposal of asphalt.

The Contractor shall prevent the formation of carbonized particles caused by overheating asphalt during manufacturing or construction. The grade for asphalt mix shall be PG 64-10.

PAYMENT
The contract unit price for Asphalt Concrete per ton shall include full compensation for furnishing all labor and materials, tools, equipment, and incidentals for doing all the work involved in construction of the asphalt concrete complete in place. This includes, but is not limited to, preparing the surface, grading, including crack sealing, furnishing the material, placing and compacting the asphalt concrete pavement, notifying residents, placing barricades, controlling traffic and no additional compensation will be allowed therefore.

1.07 CONSTRUCTION OF ALLEY APPROACH, COMPLETE, CURB, GUTTER

SIDEWALK AND HANDICAP RAMP

The construction of an y alley approach, curb, gutter and sidewalk shall be constructed in accordance with Section 303- 5, “Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways”, of the Standard Specifications of Public Works Construction, 2006 edition and City of Colton Standard 105, 106A, 108, 112, 120, & 120-A (See Appendix), as directed by the Engineer and in conformance with these specifications.

In the construction of the Alley approach, all works, including the ADA handicap wheelchair ramps , yellow truncated domes, curb, gutter, sidewalk, one (1) foot asphalt pavement patching and retaining curb shall be a part of the bid item.
 If not part of the bid, Contractor shall request all grade staking a minimum of forty -eight (48) hours, not including Friday, Saturday or Sunday, prior to the start of such construction.

PAYMENT
Payment for these items will be measure by Unit specified on the bid schedule and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work necessary as specified in the Contract Documents and Specifications, Standard Drawings, supplemental details, these Special provisions, and as directed by the Engineer or his appointed designee.

1.08 CONSTRUCTION OF CROSS GUTTER

The construction of a cross gutter shall be constructed in accordance with Section 303-5, “Concrete Curbs, Walks, Gutters, Cross Gutters, Alley Intersections, Access Ramps, and Driveways”, of the Standard Specifications of Public Works Construction, 2006 edition and City of Colton Standard 112 (See Appendix) , as directed by the Engineer and in conformance with these specifications.

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In the construction of the ADA handicap wheelchair ramps, all works including the yellow truncated domes, curb, gutter, sidewalk, one (1) foot asphalt pavement patching and retaining curb shall be a part of the bid item.
 If not part of the bid, Contractor shall request all grade staking a minimum of forty-eight (48) hours, not including Friday, Saturday or Sunday, prior to the start of such construction.

1.09 ADJUSTMENT OF WATER METER BOX AND MANHOLE COVER

All water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves And other subsurface structures shall be relocated or adjusted to final grade by the Contractor.

Locations of existing utilities shown on the Plans are approximate and may not be complete. The Contractor shall be responsible for coordinating its Work with all utility companies during the construction of The Work.

PAYMENT
Payment for these items shall be included and part of the unit cost of asphalt paving and shall include furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work necessary as specified in the Contract Documents and Specifications, Standard Drawings, supplemental details, these Special provisions, and as directed by the Engineer or his appointed designee.

1.10 STANDARD SPECIFICATIONS AND STANDARD DRAWINGS

The work to be done shall be performed or executed, in accordance with these Technical Provisions, The Standard Technical Provi sions included herewith, the “California Department of Transportation’s Standard Specifications for Construction of Local Streets and Roads” , July 2002 Edition, hereinafter referred to as “State Standard Specifications”, and the “Standard Specifications f or Public Works Construction”, 2006 Edition, hereinafter referred to as the “Green Book” Specifications, written and promulgated by the Southern California Chapter if the American Public Works Association and the Southern California Districts of the Associated General Contractors of California, as published by Building News, Inc., 1612 So. Clementine Street, Anaheim, California 92802, included by reference only.

1.11 ADDENDA

The Engineer may, without Council Approval, issue addenda to the contract documents during the period of advertising for bids, for the purpose of: (a) revising Prevailing Wage Scales, or (b) clarifying or correcting Technical Provisions, plans or bid proposal; provided that any such addenda do not change the original scope and intent of the project.

Purchasers of contract documents will be notified and furnished copies of such addenda, either by certified mail or personal delivery, during the period of advertising.

1.12 TIME OF COMPLETION

The Contractor shall, under the terms of the Contract, diligently prosecute the work to completion before the expiration of Ninety (90) calendar days from the Start Date established in the “Notice to Proceed”. The

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Contractor shall be required to provide w ritten verification from vendor(s) stating the tentative dates of delivery of all pertinent items necessary to complete work in accordance with this Contract. No work shall begin prior to the latest tentative date of delivery, as established by the written statements of the vendors.

Working hours shall be from 7:00 A.M to 3:30 P.M., Monday through Friday, excluding legal holidays (see exception under Section 1.05 for school areas). Prior to the issuance of a “Notice to Proceed”, the Contractor shall submit a CPM Schedule for review and approval.

1.13 INSPECTION

The City Engineer, or his authorized agent, shall at all times have access to work during construction, and shall be furnished with every reasonable facility for ascertaining full knowledge regar ding the progress, workmanship and character of materials used and employed in the work.

The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the contract as prescribed. Defective work shall be corrected and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials may have been previously overlooked by the City Engineer or his authorized agent and accepted or estimated for payment.

Section 4-1.3.2 Inspection of Materials Not Locally Produced First sentence of the Subsection 4-1.3.2 shall be read as follows:

When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical li mits of the Agency, an inspector or accredited testing laboratory, approved by the engineer, shall be engaged by the Contractor to inspect the materials, equipment or process. Whenever required, the Contractor shall furnish to the City for test, and free of charge, samples of any one of the materials proposed to be used in the work. Said samples shall be delivered by the Contractor at the place within the City designated by the City. Rejected material must be immediately removed from the work by the Contractor and shall not again be brought back to the site of the improvement.

The Contractor shall notify the Engineer or his agent two (2) working days in advance when he/she will require inspection for either material or work to be done.

The cost for any additional inspection as a result of the contractor's failure to meet the required time for completion of these specifications shall be charged to the contractor and withheld from final payment.

1.14 PUBLIC CONVENIENCE AND SAFETY

Cleanup and Dust Control. The Contractor shall protect and care for all work until final acceptance.

Throughout the period of construction, the Contractor shall keep the site free and clean from all rubbish and debris and any unnecessary obstructions an d shall promptly clean up all or any portion of the site when notified to do so by the City representative. When so directed by the City representative, the Contractor shall furnish and operate a self-loading motor sweeper for cleaning the site. Care shall be taken to prevent spillage on streets over which hauling is done and any such spillage or debris deposited on the streets due to the Contractor's operations shall immediately be cleaned up. The Contractor shall promptly remove from any parts of the working area all unused materials and debris, to the end that construction areas are returned to a clean, neat and acceptable condition at the earliest time following completion of the work in any reasonable reach. Failure on the part of the Contractor to comply with the orders of the City regarding cleanup may result in a written directive from the City to cease progress on any or all parts of the work under contract until the unsatisfactory condition is corrected. No additional compensation or time extension will be allowed as a result of such suspension. During all phases of the construction work, the Contractor shall take precautions to abate dust nuisance by cleaning up, sweeping, sprinkling with water, or other means as necessary to accomplish results satisfactory to the City representative.

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Manhole covers and utility valve covers located within the traveled way shall be covered with plastic or other suitable material prior to the application of slurry seal. Such coverings shall be removed only afte r the required curing period of the slurry seal is reached.

At least five (5) working days prior to commencing work, the Contractor shall submit a spreading schedule to the City for approval. This schedule shall allow residents, on the streets to be seal ed, ample “on-street” parking within an 800 feet distance from their homes. For cul -de-sac streets more than 800 feet in length or a system of streets that have no other outlets, the Contractor shall schedule the work so to maintain two lanes of traffic for two-way access at all times.

Streets determined to be major thoroughfares by the Engineer shall undergo construction in stages, or as approved by the field inspector, to allow at least one 10 ft. wide traffic lane for each direction of travel at all times. The Engineer will approve street closures for construction, as necessary, based on the approved construction schedule.

EXCEPTION: Contractor may not work on a street that is in front of a school between the hours of 7:00 AM and 3:30 PM. Monday through Friday unless written authorization is given by the City Engineer. All streets abutting a school ground can only be worked on during weekends.

1.15 SOUND CONTROL REQUIREMENTS

Sound control shall conform to the provisions in Section 7 -1.01I, "Sound Control Requirements," of the Standard Specifications and these special provisions (S5-300).

The noise level from the Contractor's operations, between the hours of 9:00 p.m. and 6:00 a.m., shall not exceed 86 dBA at a distance of 50 feet. This requirem ent shall not relieve the Contractor from responsibility for complying with local ordinances regulating noise level.

The noise level requirement shall apply to the equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.

Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.

1.16 LIQUIDATED DAMAGES

Section 6-9 of the Standard Specificat ions shall change as follows: For each consecutive calendar day in excess of the time specified for completion of the work, the Contractor shall pay to the Agency, or have withheld from monies due it, the sum of $500. Execution of the contract shall cons titute agreement by the City of Colton and Contractor that $500 per day is a minimum value of the costs and actual damages caused by failure of the Contractor to complete the work within the allotted time, that such sum is liquidated damages and shall not be construed as a penalty, and that such sum may be deducted from payments due to the Contractor if such delay occurs.

1.17 MATERIALS

Materials to be furnished shall conform to the “Green Book” Specifications and these Technical Provisions.

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1.18 GUARANTEE

In addition to guarantees required elsewhere, the contractor shall and hereby does guarantee all Work for a period of one (1) year after the date of acceptance of the Work by the City and shall repair and replace any and all such Work, together with any other work which may be displaced in so doing that may prove defective in workmanship and/or materials within the one (1) year period from the date of acceptance, without expense whatsoever to the City, ordinary wear and tear and usual abuse or neglect excepted. In the event of failure to comply with the above mentioned conditions within five (5) days after being notified in writing, the City is hereby authorized to proceed to have the defects repaired and made good at the expense of the Contracto r, who shall pay the cost and charges therefore immediately upon demand.

PAYMENT
Payment for traffic control shall be considered full compensation for furnishing all labor, materials, tools and equipment necessary to perform all the work as specified herein and on the plans.

1.19 DEMOLITION AND REMOVAL

The Contractor will be responsible for the removal and proper disposal of existing concrete, asphalt, trees, weeds, grass, debris, rubbish, inactive/abandoned facilities or any removal/demolition as shown on the plans or at the direction of the Engineer or his appointed designee.

It is the responsibility of the Contractor to see that any and all existing utilities are protected during the removal process. Any additional expenses incurred through error, ac cident or failure to protect said existing items as previously noted shall be restore and/or replace by the contractor at its own expense.

PAYMENT
Payment for this item shall be as the unit price specified on the Bid Schedule and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for doing all work involved.

1.20 PROJECT LOCATION, SCOPE OF WORKS AND APPLICABLE CITY

STADARDS (SEE SUCCEDING PAGES)

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1.21 ATTACHMENT D – (SEE SUCCEDING PAGES)

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ONSTRUCTION CONTRACT

LABOR COMPLIANCE PROVISIONS
(Attachment D)

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NOTICE TO BIDDERS
CO
UNTYWIDE VISION:

The project(s) implemented with these funds assist in meeting an element of the Countywide Vision for sustainable infrastructures and housing as adopted by the County Board of Supervisors and SANBAG on June 30, 2011.

FUNDING OF PROJECTS AND FEDERAL AND STATE REQUIREMENTS
Bidders are advised that federal funds are being used for this project and that as a result, certain requirements are to be im posed, depending upon the source of the federal funds. Sources may include: Community Development Block Grant funds (CDBG), Neighborhood Stabilization Program funds (NSP) or HOME Investment Partnerships Program funds (HOME). The use of any of these federal funds on a project will require the payment of federal prevailing wages under the Davis -Bacon and Related Act s (“DBRA”) (40 USC §3142, 40 USC §§ 276a- 276a-7, 29 CFR Part 5, which will be enforced when the contract amount for the Prime Contract exceeds $2,000. The Prime Contractor is responsible for ensuring all Subcontractor(s) and lower-tier Subcontractor(s) compliance with the DBRA. The Federal Labor Standards Provisions (HUD 4010) apply to this project and are attached.

For HOME and NSP funded projects , the Prime Contractor, all Subcontractors and all lower -tier Subcontractors are required to pay their laborers and mechanics employed under the contract, a wage not less than the locally prevailing wages (including fringe benefits) listed in a David Bacon wage determination for a classification, as specified in the Federal Wage Determination. If other funding is used on a project , California state prevailing wages (as specified in the State Wage Determination) may be triggered. If that occurs, then the higher of the two applicable wage classifications (federal or state) will be enforced for all work under the contract. For CDBG-funded projects, the Prime Contractor, all Subcontractors and all lower -tier Subcontractors are required to pay their laborers and mechanics providing work under the contract, a wage not less than the locally prevailing wages (including fringe benefits), as specified in both the Federal and State Wage Determinations for the project.

The higher of the two applicable wage classifications, either the Federal Prevailing Wage or, State Prevailing Wage will be enforced for all work under this Contract.

Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity - The bidder's attention is called to the "Equal Opportunity Clause” and "Standard Federal Equal Employment Specifications" contained in the bid package. Goals and timetables for minority and female participation, expressed in percentage terms for the Contractor ’s aggregate workforce in each trade on all construction work in the covered area, is 19% for minorities and 6.9% for women.

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TABLE OF CONTENTS

• CONSTRUCTION CONTRACT PROVISIONS - DEFINITIONS .............................................................. 1 • LABOR COMPLIANCE REQUIREMENTS ............................................................................................. 2 • REQUIRED DOCUMENTS ..................................................................................................................... 4 • FEDERAL LABOR STANDARDS PROVISIONS .................................................................................... 5 • SECTION 3 CLAUSE ............................................................................................................................. 9 • AFFIRMATIVE ACTION C OMPLIANCE GUIDELINES FOR CONSTRUCTION AND NON- CONSTRUCTION CONTRACTORS .................................................................................................... 10 • EQUAL OPPORTUNITY CLAUSES ..................................................................................................... 14 • CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS .................................................. 22 • DAVIS-BACON WAGE DETERMINATION ........................................................................................... 23 • SAMPLE DOCUMENTS ....................................................................................................................... 24

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CONSTRUCTION CONTRACT PROVISIONS - DEFINITIONS

The following are definitions of state and f ederal provisions/documents for federally -assisted projects. Please refer to the “Required Documents Checklist” for any documents to be completed and submitted for this project.

Affirmative Action Compliance Guidelines for Construction or Non -Construction Contractors – Generally, affirmative action requirements apply to contracts and subcontracts in excess of $10,000. This document provides guidelines to help Contractor s meet affirmative action and equal employment opportunity requirements set forth in federal regulations 41 CFR 60.

Bid Bond − A bid guarantee of at least 10% of the contract price is required from each bidder and must be submitted with the Bid.

Certificate of Owner’s Attorney − This certificate is to be completed by the owner’s attorney when applicable.

Certification of Bidder Regarding Equal Employment Opportunity − This certification is required by Federal law (41 CFR 60) and must completed by the Prime Contractor.

Certification of Compliance with Air and Water Acts − The prime Contractor and all S ubcontractors must comply with this certification when the contract exceeds $100,000.

Certification by Proposed Subcontractor Regarding Equal Employment Opportunity − This certification must be completed by all Subcontractors and every lower-tier Subcontractor and submitted to the Prime Contractor.

Contractor’s Certification of Compliance with Davis -Bacon and Related Acts − This certification is required by federal law (29 CFR 5) and must be completed by the Prime Contractor.

Equal Employment Opportunity Clauses/Equal Employment Opportunity Construction Contract Provisions − These provisions are to be inserted in all applicable federally-assisted contracts and subcontracts.

Federal Labor Standards Provisions (HUD 4010 form) − These provisions set forth the federal labor requirements for contractors working on federally -assisted construction projects in which the prime contract exceeds $2,000. The P rime Contractor and all Subcontractors and every lower -tier subcontractor are required to pay their laborer s and mechanics working onsite a wage as specified in the FEDERALLY FUNDED PROJECTS section of this provision. The Prime Contractor is responsible to include the Labor Compliance Contract Addendum in all executed Subcontractor contracts for this project.

Federal Prevailing Wage Decision − The Federal Wage Decision contains the federal wage rates for construction projects within the County of San Bernardino. A copy of the Wage Decision is included in the bid package and can also be found at https://www.sam.gov/portal/public/SAM/ or http://www.wdol.gov/dba.aspx The wage decision that applies to the project is the one in effect ten days prior to the bid opening date.

Labor and Materials Bond − This payment bond guarantees that employees/Subcontractors, and suppliers are paid for services rendered and materials supplied. The Labor and Materials Bond must be at least 100% of the contract price and must be submitted to the CITY/COUNTY upon award of the contract.

Performance Bond − This bond guarantees the Contractor 's performance under the terms of the construction contract and must be at least 100% of the contract price and submitted to the CITY/COUNTY following award of the contract.

Section 3 − This law applies to construction contracts exceeding $100,000 on projects funded by the U.S. Department of Housing and Urban Development (HUD). To the greatest extent feasible, Contractor(s) and Subcontractor(s) must attempt to become a Section 3 b usiness. A Section 3 business is one owned by a low -income person, a business of which 30% of the workforce is comprised of low -income individuals, or a business that contracts 25% of its work to Section 3 businesses.

Created on 3/11/2014

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Colton City CouncilJune 21, 2022

Colton City Council
June 21, 2022