Agenda packet — Colton City Council, October 4, 2022 (part 1 of 2)

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

Mayor Frank J. Navarro
Council Members:

David J. Toro - District 1
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, OCTOBER 4, 2022 – 5:00 P.M.

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

NO CLOSED SESSION

RULES OF DECORUM

To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules 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. N o individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.

2 OPEN SESSION
6:00 P.M.

OPEN SESSION CALLED TO ORDER

INVOCATION
FLAG SALUTE American Legion Post 155 Members Louie Barrera and Steve Ferrance

ROLL CALL

CEREMONIAL MATTERS
Presentations, Awards, Proclamations
 Proclamation - Public Power Week
 Proclamation- Water Professionals Week
 Recognition - Economic Development Manager Arthur Morgan

MAYOR AND COUNCIL ITEMS

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

APPOINTMENTS

MAYOR AND COUNCIL DISCUSSION ITEMS

3 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 - Street Vacation: Terrace Avenue & De Berry Avenue - A PUBLIC HEARING TO APPROVE

AND ADOPT A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA, CONDITIONALLY VACATING PORTIONS OF SOUTH TERRACE AVENUE AND DE BEERY STREET, RESOLUTION NO. R-94-22. [Staff Person: Brian Dickinson]

(Public Hearing Continued from September 6, 2022)

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 __________

(2) Zoning Text Amendment - Downtown Car Wash - 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 CHAPTERS 18.04 AND 18.06 OF TITLE 18 (ZONING) OF THE COLTON MUNICIPAL CODE RELATED

TO MODIFYING, ADDING OR AMENDING DEFINITIONS, PERMITTED USES, IN THE GENERAL COMMERCIAL DOWNTOWN ZONE AND ADMINISTRATION, ORDINANCE NO. O-13-22. [Staff Person: Mark Tomich]
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 pu blic comment, on motion by Councilmember __________, seconded by Councilmember _________, the Public Hearing is terminated.

MOTION __________ SECOND __________

4 BUSINESS ITEMS
There are no business items.

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

Persons desiring to submit paperwork to the City Council Members shall provide copy of any paperwor k 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.

(3) Minutes - Approval of Minutes for the City Council Regular Meeting held on September 20, 2022. [Staff Person: Carolina Padilla]
(4) Warrants - Approve voucher numbers 201107 to 201282 dated 08/31/2022 and totaling $911,962.95; wires dated 09/02/2022 and totaling $8,801,950.89; voucher numbers 201283 to 201375 dated 09/08/2022 and totaling $311,227.04 and a payroll disbursement listing dated 07/23/2022 to 08/05/2022 and totaling $1,265,047.26.
[Staff Person: Stacey Dabbs]
(5) Bonds Release - TM 20138 & TM 20139 - Approve Final Release of all remaining Bonds and Subdivision Cash Deposit Guaranteeing Performance (Staking) for Tract Map No. 20138 and Tract Map No. 20139. [Staff Person: Brian Dickinson]
(6) Contract Award - PTM General Engineering Services, Inc. - Approve Award of Contract to PTM General Engineering Services, Inc. for the I-10 Freeway /9th Street Underpass Lighting Project in the amount of $116,016.
[Staff Person: Brian Dickinson]
(7) Contract Amendment - Wallace & Associates - Approve the First Amendment to the Contract with Wallace & Associates for Engineering Services Associated with the Drilling and Construction of Well 32 & Well 33. [Staff Person: Brian Dickinson]
(8) Contract Award & Reimbursement Agreement - Rincon Environmental Services / AMKO Recycling - Approve Contract for Environmental Services with Rincon Consultants and Reimbursement Agreement with Applicant for AMKO Recycling Rezone/General Plan Amendment, Major Certificate of Appropriateness, Conditional Use Permit and Architectural and Site Plan Review Application. [Staff Person: Mark Tomich]

5 (9) Contract Award - Krieger and Stewart - Approve a Contract Award to Krieger and Stewart for Engineering & Construction Services Associated with the La Loma Reservoir Project. [Staff Person: Brian Dickinson]
(10) Donation Agreement - Tabbaa - Adopt a Resolution Approving a Donation Agreement with Tabbaa Family Limited Partnership for an Approximate 1.11 Acres to the City of Colton, RESOLUTION NO. R-105-22. [Staff Person: Arthur Morgan]
(11) Easement - Hert Street - Approve the Recordation of Grant of Sidewalk Easement along Hert Street. [Staff Person: Brian Dickinson]
(12) Second Reading of Ordinance No. O-12-22 - Waive full reading, and Approve Second Reading of an Ordinance of the City Council of the City of Colton, Amending Chapter 6.32 of the Colton Municipal Code Regarding the Sale, Purchase, and Use of Fireworks, RESOLUTION NO. O-12-22. [Staff Person: Carolina Padilla]

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

CITY MANAGER'S REPORTS

ADJOURNMENT

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

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

PROCEDURES FOR ADDRESSING CITY COUNCIL

For the Official Record, it is requested that you obtain a card from the City Clerk and complete it by noting a specific item 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 iss ues within the Rules of Decorum. Speakers will be limited to the time periods provided on the Agenda; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.

RULES OF DECORUM

To help conduct the business of the 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 enfo rce 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 a ddressed 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.

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: Offic e 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 i tem on the Agenda may call the City Clerk at 370 -5191 to make inquiry concerning the nature of the item described on the Agenda. The City Clerk shall direct inquiries to the appropriate office.

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

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

LEGAL CHALLENGES

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

MANUAL OF PROCEDURE

The City Council adopted its Manual of Procedu re pursuant to 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: OCTOBER 4, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: A PUBLIC HEARING TO APPROVE AND ADOPT A RESOLUTION

OF THE CITY COUNCIL OF COLTON, CALIFORNIA,

CONDITIONALLY VACATING PORTIONS OF SOUTH TERRACE
AVENUE AND DE BEERY STREET, RESOLUTION NO. R-94-22.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Adopt a Resolution No. R-94-22 Conditionally Vacating Certain Portions of South Terrace Avenue and De Berry Street, in connection with the Barton Road Logistics project (DAP No. 001-602), including a determination that such vacation is consistent with the City’s General Plan.

2. Accept new Utility Easements for the benefit of the public, So Cal Gas Co. AT&T, Colton Water, Colton Wastewater, Colton Electric, and Lumen Technologies.

3. Reserve utility and roadway easements for existing utilities.

4. Authorize the City Engineer to terminate utility and roadway easements after the relocation of all utilities are completed, and execute/deliver/record any documents necessary to effectuate the vacation, including a quitclaim deed.

BACKGROUND

The City is presently engaged in issuing various entitlements and approvals relating to redevelopment of the northerly 45.52 acres of a 54.82 -acre site, designated as Light Industrial

1.1 Packet Pg. 8
Staff Report to the Mayor and City Council
Public Hearing - Street Vacation: Terrace Avenue & De Berry Avenue October 4, 2022

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within the Light Industrial (M -1) District in the City of Colton, as a warehouse logistics center (the “Project”). As part of the Project approvals, the project applicant (EBS Realty Partners) has requested that the City initiate the process to abandon a portion of South Terrace Avenue running from Barton Road to De Berry Street, and a portion of De Berry Street that is south of Barton Road and extends approximately 202.35 feet east from the intersection with South Terrace Avenue, more fully described and depicted in Exhibits A and B to the Resolution.

The approved condition of approval imposed by the Planning Commission was as follows:

“The Applicant has submitted a request for the vacation of a portion of Terrace Street (“Street Vacation Request”) to facilitate the construction of improvements that are necessary for the Project. The street vacation request was m ade pursuant to California Streets & Highways Code, Section 8320 et seq. Such street vacation request requires that certain hearings and procedures be followed, culminating in a hearing before the City Council where such a request is considered. The Stre et Vacation Request shall be considered prior to the issuance of any grading or building permit for the Project. Should the Colton City Council approve the Street Vacation Request and it is determined that the City of Colton owns an underlying fee interes t in the land comprising the vacated area, the Applicant shall:

1. Prior to the issuance of any grading or building permit for the Project, negotiate a land sale agreement with the City of Colton to transfer ownership of the vacated area to the Applicant for their use in complying with the conditions of approval for the Project.

It is understood that should the Street Vacation Request be approved, the Applicant will likely enter into subsequent land sale agreements to further transfer ownership of the vacated area to other parties to facilitate their construction of improvements required for the Project.

Alternatively, should the Colton City Council approve the Street Vacation Request and it is determined that the City of Colton does not own th e underlying fee interest in the land comprising the vacated area, City shall provide documents necessary to the owners of the vacated area, including quit claim deeds, reflecting the fact that City has vacated and released its interests in the vacated are a. Nothing contained in this condition shall be construed to require the City Council to approve the Street Vacation Request.”

Generally, the street vacation proceeding leaves the public easement free of public use rights (though private easement rights survive - i.e. water, sewer, electric, etc.). If the City owns the underlying property, City Council may convey title to a third party free of those public rights. If the City has an easement, then abandoning the easement results in the owner of the under lying land possessing title free of the easement and ownership of the land reverts to the underlying owners (typically the adjacent property owners).

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Staff Report to the Mayor and City Council
Public Hearing - Street Vacation: Terrace Avenue & De Berry Avenue October 4, 2022

Page 3 ends

As required by the condition, staff and the City Attorney reviewed various documents related to the initial development and dedication of the street. The documents showed that the City did not own fee ownership. Thus, vacation of the street easement will mean that the underlying ownership of the street area will revert to the underlying owners. It is our understanding that the Applicant of the Project has already negotiated transfer of the underlying land with the owners.

The procedure to abandon a public street is set forth in Streets and Highways Code 8320 et seq., and the City has taken all necessary steps preceding the adoption of this Resolution.

In compliance with Government Code section 65402, the Planning Commission determined at a regular and duly noticed meeting held on December 14, 2021 that the Project, which necessitates the vacation at issue, is consistent with the General Plan.

ISSUES/ANALYSIS

City staff has reviewed EBS Realty Partners’ request for the vacation, and is supportive of the request. Pending the hearing set for August 2, 2022, at which time the City Council will hear any public comments on the proposed vacation, staff is recommending that the City Council adopt the attached Resolution Vacating Certain Portions of South Terrace Avenue and De Berry Street, determine that the vacation is consistent with the City’s General Pla n, and direct staff to take necessary actions to effectuate the vacation, including executing and recording a quitclaim deed and recording the Resolution of Vacation with the County Recorder’s office pursuant to Streets & Highways Code § 8325.

FISCAL IMPACTS

No fiscal impact. Plan check fees for reviewing the right -of-way vacation have been paid by the developer. The developer shall pay additional plan check fees for any outstanding reviews of easements, plans, reports, etc. associated with the respecti ve right-of-way vacation and shall be fully burdened with all required utility relocation costs including design, plan -checking reviews, construction, and inspection services associated with such right-of-way vacation.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. Resolution R-94-22

2. Quitclaim Deed - ROW Vacation Terrace & De Berry

3. Grant of Utility Easement_09-14-22

4. Quitclaim Deed - City of Colton to Hager-Barton Road

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RESOLUTION NO. R-94-22

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

CALIFORNIA, VACATING CERTAIN PORTIONS OF SOUTH TERRACE

AVENUE AND DE BERRY STREET PURSUANT TO STREETS AND HIGHWAYS CODE SECTIONS 8320 ET SEQ., AND DETERMINING THAT SUCH VACATION IS CONSISTENT WITH THE CITY’S GENERAL PLAN

WHEREAS, the City of Colton ("City") is presently engaged in issuing various entitlements and approvals relating to redevelopment of a warehouse logistics center in the Light Industrial (M-1) District in the City (the “Project”); and

WHEREAS, the applicant has requested that the City vacate certain portions of South Terrace Avenue and De Berry Street (as described and depicted in Exhibits A and B to this Resolution, and made a part hereof by this reference) (the “Vacated Area”); and

WHEREAS, this vacation of a City-owned street is made pursuant to the requirements of California Streets and Highways Code sections 8320 et seq., General Vacation Procedure; and

WHEREAS, the Vacated Area is no longer needed for public right of way or alley purposes, and is unnecessary for present or prospective public use; and

WHEREAS, there are existing public utilities and easements for public utilities in the Vacated Area and appurtenant rights thereto that will be reserved for the City and other public agencies in accordance with California Streets and Highways Code Section 8340; and

WHEREAS, there are no other in-place public utility facilities that are in use and would be affected by the vacation; and

WHEREAS, Section 8313(b) of the Streets and Highways Code and Section 65402 of the Government Code require that any proposed vacation be reviewed for conformity with the City’s General Plan; and

WHEREAS, the Planning Commission, on December 14, 2021, and City Cou ncil, on October 04, 2022, have determined that this vacation is consistent with and in conformity with the General Plan of the City of Colton; and

WHEREAS, on July 19, 2022, the City Council adopted Resolution No. R -87-22 (“Resolution of Intent”) to vaca te the Vacated Area, as more particularly described in said Resolution; and

WHEREAS, the Resolution of Intent gave notice that on October 4, 2022 at 6:00 p.m., in the Colton City Council Chambers, the City Council would hear any and all persons interested in or objecting to the proposed vacation of the Vacated Area; and

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Attachment: Resolution R-94-22 (3789 : Public Hearing - Street Vacation: Terrace Avenue & De Berry Avenue)

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WHEREAS, proper notice giving the date, time and place of the public hearing was published in the manner prescribed by law; and

WHEREAS, notices of the proposed vacation of the Vacated Area, stating the purpose of the Resolution of Intent and the time and place set for the public hearing, were posted in the Vacated Area in the manner prescribed by law; and

WHEREAS, on October 4, 2022, a t 6:00 p.m. in the City Council Chambers, the City Council heard any and all persons interested in or objecting to the proposed vacation of said portions of the public right-of-way.

WHEREAS, the Mayor is hereby authorized to execute and deliver quitclaim deeds evidencing city’s transfer of any interest in the subject vacated area to the fee owners.

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

SECTION 1. General Plan Consistency. The City Council hereby finds that vacation of the Vacated Area, as more specifically described and depicted in the attached Exhibits A and B, is consistent and in conformity with the General Plan of the City of Colton. Specifically, the vacation is consistent with the General Plan in that the Vacated Area although depicted in the Mobility Element of the General Plan as being part of the City’s Circulation Plan, the Vacated Area described in the Mobility Element is not needed for future use.

SECTION 2. Findings of No Need for Vacated Area . The Va cated Area as described and depicted in Exhibits A and B of this Resolution is not necessary for prospective vehicular traffic, non -vehicular traffic, or other public street purposes. To support this finding, staff obtained letters of non-objection from the affected utilities, ensured that the developer worked with the Elsinore Valley Municipal Water District (EVMWD) to maintain continued access to EVMWD’s adjacent property, and verified that vacating the area in question will not otherwise cut off access to any person’s property or terminate a public service easement being used for the purpose for which it was dedicated.

SECTION 3. Order of Vacation . Based on the above stated facts, conclusions, and findings, the City Council hereby vacates the Vacated Area described and depicted in Exhibits A and B to this Resolution.

SECTION 4. Reservation of Easements . The City of Colton, through action of its City Council, hereby reserves for the benefit of the public, Southern California Gas Company, AT&T, Colton Water, Colton Wastewater, Colton Electric, and Lumen Technologies, and their respective successors, heirs, and assigns, a temporary easement in, upon, over, and across the entire area proposed to be vacated, to use, construct, place, operate, inspect, main tain, enlarge, repair, replace, and remove any existing and future facilities, and necessary fixtures and appurtenances, and said easement shall include rights of ingress and egress thereto.

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Attachment: Resolution R-94-22 (3789 : Public Hearing - Street Vacation: Terrace Avenue & De Berry Avenue)

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SECTION 5. Termination of Easements. This reserved easement shown on the Final Map shall automatically terminate and be of no further effect, without further action by grantor or any grantee, as to Colton Water, Colton Wastewater, and Colton Electric, and their successors, heirs, and assigns, when (i) their facilities located within this easement area are relocated to the easement areas set forth for their respective uses on the Final Map and (ii) those facilities have commenced operations at the new location. With respect to Southern California Gas Company, AT&T, and Lumen Technologies, and their successors, heirs, and assigns, respectively, this reserved easement shall automatically terminate and be of no further effect, without further action by grantor or grantee, as to each of them individually when (i) their respective facilities located within this easement area are relocated by the grantor upon terms and conditions acceptable to the affected utility and (ii) their respective facilities have commenced operations at the new location. This reserved easement shall run with the land and bind the successors to the property which is the subject of the temporary easement.

Pursuant to California Streets & Highways Code, Section 8335, the City Engineer is hereby authorized to terminate the existi ng reserved easement shown on the Final Map on behalf of the City once the City accepts the relocated easement shown on the Final Map.

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

SECTION 7. Authorization. The City Engineer (or other City official deemed appropriate or otherwise authorized by City) is hereby authorized to and shall sign deliver all documentation necessary to effectuate the vacation of the identified portions of South Terrace Avenue and De Berry Street, including executing and delivering any quitclaim deeds evidencing the City’s transfer of an interest in the subject vacated area to the fee owners.

SECTION 8. Effective Date. This Resolution shall become effective immediately upon its adoption.

PASSED, APPROVED AND ADOPTED THIS 4th DAY OF OCTOBER 2022.

_____________________________
FRANK J. NAVARRO
Mayor

ATTEST:

_____________________________
CAROLINA R. PADILLA
City Clerk

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Attachment: Resolution R-94-22 (3789 : Public Hearing - Street Vacation: Terrace Avenue & De Berry Avenue)

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL THIS DEED AND, UNLESS
OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO:

Name CITY OF COLTON

Street Address 160 S. 10TH ST.

City COLTON
State CA
Zip 92324

SPACE ABOVE THIS LINE FOR RECORDER’S USE

QUITCLAIM DEED
(Portions of Terrace Avenue and De Berry Street)

FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,

City of Colton, a California municipal corporation (collectively, the “Grantor”), hereby REMISES, RELEASES and FOREVER QUITCLAIMS to Pacific West Management, a California general partnership, Producer Industrial Partner, LLC, a California limited liability company, and the Robert J.

Neal and Bernarda A. Neal Revocable Trust (collectively, “Grantee”), all of its right, title and interest in and to the real property legally on Exhibit “A” attached hereto and depicted on Exhibit “B” attached hereto.

IT IS UNDERSTOOD THAT THE RIGHTS ARE BEING TRANSFERRED IN AN “AS-IS, WHERE-IS” CONDITION, WITHOUT WARRANTY AS TO FITNESS FOR USE, FITNESS

FOR A PARTICULAR USE, OR CONDITION OF THE PROPERTY AND THAT THE

GRANTOR HAS NO OBLIGATION TO CORRECT ANY CONDITION OF THE PROPERTY,

WHETHER KNOWN OR UNKNOWN, BEFORE OR AFTER THE RECORDING OF THIS QUITCLAIM DEED.

Dated: October ______, 2022

GRANTOR:

City of Colton,
a California municipal corporation

By: _______________________________
Name: Frank J. Navarro
Its: Mayor
Date: _______________________________

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Attachment: Quitclaim Deed - ROW Vacation Terrace & De Berry (3789 : Public Hearing - Street Vacation: Terrace Avenue & De Berry Avenue)

Attest:

By: ________________________________

Name: Carolina Padilla
Its: City Clerk

Date: October ______, 2022

Approved as to Form:

By: ________________________________
Name: Carlos L. Campos
Best Best & Krieger LLP
Its: City Attorney
Date: October ______, 2022

SEE CALIFORNIA APPROVED NOTARIZATIONS ON THE NEXT PAGES

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Attachment: Quitclaim Deed - ROW Vacation Terrace & De Berry (3789 : Public Hearing - Street Vacation: Terrace Avenue & De Berry Avenue)

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Attachment: Quitclaim Deed - ROW Vacation Terrace & De Berry (3789 : Public Hearing - Street Vacation: Terrace Avenue & De Berry Avenue)

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Attachment: Quitclaim Deed - ROW Vacation Terrace & De Berry (3789 : Public Hearing - Street Vacation: Terrace Avenue & De Berry Avenue)

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Attachment: Quitclaim Deed - ROW Vacation Terrace & De Berry (3789 : Public Hearing - Street Vacation: Terrace Avenue & De Berry Avenue)

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Attachment: Quitclaim Deed - ROW Vacation Terrace & De Berry (3789 : Public Hearing - Street Vacation: Terrace Avenue & De Berry Avenue)

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL THIS DEED AND, UNLESS
OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO:

Name CITY OF COLTON

Street Address 160 S. 10TH ST.

City COLTON
State CA
Zip 92324

SPACE ABOVE THIS LINE FOR RECORDER’S USE

GRANT OF UTILITIES EASEMENT

THIS GRANT OF UTILITIES EASEMENT (this “Grant”) is made and entered into as of September , 2022 (the “Effective Date”), by and between Pacific West Management, a California general partnership, Robert J Neal and Bernarda A. Neal Revocable Trust, and Producer Industrial Partners, LLC, a California limited liability company, (“Grantors”) and the Southern California Gas Company, AT&T, Lumen Technologies, and the City of Colton, a municipal corporation (“Grantees”).

RECITALS

Grantors hold a fee interest in certain real property located in the City of Colton, California (the “Property”), as more particularly described on Exhibit A and depicted on Exhibit B, attached hereto and made a part hereof by reference. Grantors have agreed to grant to Grantee an easement over the Property (the “Easement Area”), on the terms and conditions set forth in this Grant, for utility, sewer, water, street, highway, and other appurtenant purposes.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantors and Grantees hereby agree as follows:

1. Grantors hereby grant and convey to Grantees, and , their successors and assigns, an easement for streets, highways, sanitary sewer lines, domestic water lines, public utilities, and other appurtenant uses, together with the right to construct, use, maintain, alter, add to, repair, replace and/or remove, dedicate or declare the same for public use in, on, under, over and across the real property hereinafter described, situated in the City of Colton, County of San Bernardino, State of California, as described as follows:

See attached Exhibit “A” and Exhibit “B” attached hereto and made a part hereof by reference.

2. The Grantees, their successors and assigns, and their respective agents and employees shall have the right to maintain and replace the water mains and sewer mains, and shall have free access to said underground utility pipe(s) and every part thereof, at all times, for the purpose of exercising the right herein granted.

3. All improvements constructed or installed by Grantees in the Easement Area are, and shall remain, the property of Grantees and may be removed by Grantees at any time. Grantors shall have no right, title, or interest therein.

4. Grantees shall not dispose of any trash, rubbish, waste, or debris in the Easement Area. Grantees shall be solely responsible and liable for all other maintenance and repairs associated with Grantees’ use of the Easement Area.

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Attachment: Grant of Utility Easement_09-14-22 (3789 : Public Hearing - Street Vacation: Terrace Avenue & De Berry Avenue)

5. Grantees agree to indemnify, defend and hold harmless Grantors and their respective officers, employees and agents (collectively, the “Indemnified Parties”, and each individually, an “Indemnified Party”) against any and all losses, damages, expenses and other liabilities, including without limitation reasonable attorneys’ fees and any third party claims, to the extent pertaining to a third party claim for physical damage to property or physical injury to any person, to the extent resulting from or arising out of (i) any activities of Grantees on the Easement Area or (ii) any negligent act or deliberate act or omission on the part of Grantees or anyone else engaged in doing work for Grantees. This indemnification shall not apply to losses, damages, claims, expenses and other liabilities to the extent caused by any negligent or deliberate act or omission on the part of the Indemnified Party. Grantors shall indemnify, defend and hold harmless Grantees and their officers, employees and agents against any and all losses, damages, expenses and other liabilities, including without limitation reasonable attorneys’ fees and any third party claims, to the extent pertaining to a third party claim for physical damage to property or physical injury to any person, to the extent resulting from or arising out of (i) any activities of Indemnified Party on the Easement Area or (ii) any negligent act or deliberate act or omission on the part of Indemnified Party or anyone engaged in doing work for Indemnified Party. This indemnification obligation shall not be apply to Grantees’ discovery of any pre-existing adverse physical condition at the Easement Area, nor shall it alter or otherwise modify Grantors’ indemnity obligations under any other agreements executed by the Parties with respect to any other matters. This indemnification provision shall survive the termination of this Grant.

6. This Grant is made on an “as-is” basis, without any representations or warranties, express or implied. Grantors shall not be liable to Grantees for any loss, injury or other damage to Grantees or to Grantees’ interest in or about the Easement Area from any cause, except as expressly set forth in Section 5 above. Except as expressly set forth in Section 5 above, Grantees hereby waives all claims against Grantors for any such loss, injury or damage and the cost and expense of defending against claims relating thereto. Notwithstanding any other provision of this Grant to the contrary, in no event shall Grantors be liable to Grantees for any punitive or consequential damages or damages for loss of business by Grantees.

7. The terms, covenants, conditions and restrictions contained in this Grant will be enforceable as running covenants and as equitable servitudes in any manner provided by law or in equity; without limitation of the foregoing, the parties intend with this Grant to create covenants running with the land pursuant to Section 1468 of the Civil Code of the State of California. The land subject to this Grant will be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied, and improved, subject to the terms, covenants, conditions, and restrictions contained in this Grant. All of the limitations, easements, uses, obligations, covenants, conditions and restrictions stated in this Grant will inure to the benefit of and be binding upon the respective owners, ground lease tenants, and easement holders of the land and their respective heirs, legatees, devises, executors, administrators, guardians, conservators, successors, licensors, and assigns, provided that once the owner of the Property has transferred its parcel by recorded conveyance, the transferring parcel owner will have no further personal liability under this Grant for events or occurrences arising after the recording of the conveyance.

8. In the event of any dispute arising out of or relating to this Grant or the breach or performance of it, the prevailing party shall be entitled to recover reasonable attorney’s fees incurred in connection therewith.

9. This Grant shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflicts of law principles. The Parties hereby agree that any legal action or proceeding arising out of this Grant shall be brought in a state court of competent jurisdiction in San Bernardino County, California. By execution and delivery of this Grant, each of the Parties hereby irrevocably accepts and submits to the jurisdiction of such courts, generally and unconditionally, in connection with any such legal action or proceeding.

10. No modification or waiver of the terms or conditions hereof shall be binding upon the parties unless approved in writing by the Parties. The failure by any party to enforce its rights under this Grant on any occasion shall not operate as or be deemed to be a waiver of any future enforcement or exercise of such rights.

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11. This Grant is intended to be the complete and exclusive statement of the agreement between the Parties with regard to Grantees’ use and occupancy of the Easement Area, and the Parties shall not be bound by any prior statements, special conditions, or agreements not expressed in this Grant.

12. This Grant may be executed in counterparts, each of which shall be an original and all of which, taken together, shall constitute one and the same instrument.

GRANTOR(S):

Pacific West Management,

a California general partnership

By: ___________________________________ Date: _____________________

Name: David Hager

Title: General Partner

By: ___________________________________ Date: _____________________

Name: Adam Milstein

Title: General Partner

Robert J. Neal and Bernarda A. Neal Revocable Trust

By: ___________________________________ Date: _____________________

Name: Robert J. Neal

Title: Trustee

By: ___________________________________ Date: _____________________

Name: Bernarda A. Neal

Title: Trustee

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Producer Industrial Partners, LLC,

a California limited liability company

By: Pacific Industrial Partners, LLC

a California limited liability company

By: ___________________________________ Date: _____________________

Name: Adam Milstein

Title: Trustee, Milstein Family Trust, Member

By: ___________________________________ Date: _____________________

Name: Robert J. Neal

Title: Trustee, Robert J. Neal and Bernarda A. Neal Revocable Trust, Member

SEE CALIFORNIA APPROVED NOTARIZATIONS ON THE NEXT PAGES

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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of _____________________ )

On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

State of California )
County of _____________________ )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

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State of California )
County of _____________________ )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

State of California )
County of _____________________ )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

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State of California )
County of _____________________ )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

State of California )
County of _____________________ )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

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CERTIFICATE OF ACCEPTANCE

This is to certify that the interests in real property conveyed by the Grant of Easement for utility relocation purposes to which this Certificate o f Acceptance is attached, dated ______________, 2022 from Pacific West Management, a California general partnership, Robert J. Neal and Bernarda A. Neal Revocable Trust, and Producer Industrial Partners, LLC, a California limited liability company, to the City of Colton, a municipal corporation, is hereby accepted by the order of City Council of the City of Colton on the 4th of October, 2022 and the City of Colton consents to recordation thereof by its duly authorized agent.

THE CITY OF COLTON, a municipal corporation

By: ______________________________________

CAROLINA R PADILLA
City Clerk

Dated: _________________

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RECORDING REQUESTED BY:

AND WHEN RECORDED MAIL TO:

Hager Pacific Properties
4100 Newport Place Drive, Suite 700
Newport Beach, CA 92660
Attention: Robert Neal

)
)
)
)
)
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SPACE ABOVE THIS LINE FOR RECORDER'S USE

THE UNDERSIGNED GRANTOR DECLARES:

DOCUMENTARY TRANSFER TAX IS $0 NOT APPLICABLE

Exempt per R&T 11911 & 11925 – This is a quitclaim of easement and consideration is less than $100.

CITY TAX is $-0-
[ ] computed on full value of property conveyed, or
[ ] computed on full value less value of liens or encumbrances remaining at time of sale. [x] City of Colton
[x] Realty not sold

QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Colton, a California municipal corporation (collectively, the “ Grantor”), hereby REMISES, RELEASES and FOREVER QUITCLAIMS to Pacific West Management, a California general partnership, Producer Industrial Partners, LLC, a California limited liabil ity company, and the Robert J.

Neal and Bernarda A. Neal Revocable Trust (collectively, “ Grantee”), all of its right, title and interest in and to the real property legally described on Exhibit “C-1” attached hereto and depicted on Exhibit “C- 2” attached hereto.

IT IS UNDERSTOOD THAT THE RIGHTS ARE BEING TRANSFERRED IN AN “AS -IS, WHERE-IS” CONDITION, WITHOUT WARRANTY AS TO FITNESS FOR USE, FITNESS FOR

A PARTICULAR USE, OR CONDITION OF THE PROPERTY AND THAT THE GRANTOR HAS

NO OBLIGATION TO CORRECT ANY CONDI TION OF THE PROPERTY, WHETHER

KNOWN OR UNKNOWN, BEFORE OR AFTER THE RECORDING OF THIS QUITCLAIM DEED.

Dated: July ____, 2022
GRANTOR:

City of Colton,
a California municipal corporation

By: ________________________
Name: Frank J. Navarro
Its: Mayor
Date: ________________________

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Attest:

By: ________________________

Name: Carolina Padilla
Its: City Clerk

Date: ________________, 2022

Approved as to Form:

By: ________________________
Name: Carlos L. Campos
Best Best & Krieger LLP
Its: City Attorney

Date: ________________, 2022

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State of California )
County of _____________________ )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

State of California )
County of _____________________ )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

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State of California )
County of _____________________ )

On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whos e name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of w hich the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

State of California )
County of _____________________ )

On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a re subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the perso n(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

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State of California )
County of _____________________ )

On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a re subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the perso n(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

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ITEM NO. 2

STAFF REPORT

DATE: OCTOBER 4, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO

INTRODUCE BY TITLE ONLY AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF COLTON TO AMEND SECTION
CHAPTERS 18.04 AND 18.06 OF TITLE 18 (ZONING) OF THE

COLTON MUNICIPAL CODE RELATED TO MODIFYING, ADDING

OR AMENDING DEFINITIONS, PERMITTED USES, IN THE

GENERAL COMMERCIAL DOWNTOWN ZONE AND
ADMINISTRATION, ORDINANCE NO. O-13-22.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Introduce for first read ing and pass by title only: O -13-22, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON TO AMEND CHAPTERS 18.04 AND 18.06 OF TITLE 18 (ZONING) OF THE COLTON MUNICIPAL CODE RELATED TO DE FINITIONS,

PERMITTED USES, IN MIXED-USE DOWNTOWN ZONE AND ADMINISTRATION (FILE INDEX NO. DAP-001-755).

BACKGROUND

Following a duly noticed public hearing conducted by th e Planning Commission on August 23, 2022, the Commission voted 6 -0 (1 absent) to approve Architectural and Site Plan Review to develop a 5,460 square -foot car wash facility with vacuum stations, Conditional Use Permit (CUP) to operate a self-service car wash facility, Parcel Merger to merge three (3) commercial lots into one parcel, and Major Certificate of Appropriateness to allow the construction of a the car wash building within the Citrus Park Historic District on a vacant lot measuring approximately 42,264 square feet in area located in the C-2/D (General Commercial/ Downtown)

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Zone, located at 266 Valley Blvd (Resolution Nos. R-15-22 and R-16-22). The Commission also recommended City Council ’s approval of a Zoning Text Amendment , amending portions of Title 18 (Zoning) of the Colton Municipal Code modifying uses to allow a Self -Service Car Wash Facility with approval of a Conditional Use Permit, within the C-2/D (General Commercial/Downtown) zone (see Attachment 1).

Site Description
The location of the car wash project, 266 Valley Blvd, is outlined below:

According to Sanborn Maps, there were seven single-family residences located in the project site vicinity in 1887. By 1907, that number was reduced to three single -family residences and a Project
Site

VALLEY BLVD

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lumber business, called Brookings Box & Lumber Co. In 1911, all single -family residences were demolished and the site became a commercial corridor.

The irregularly-shaped, flat project site is currently undeveloped . The site is located along the northern side of Interstate 10 (I -10), adjacent to railroad tracks/vacated City right -of-way to the east, and south of W est Valley Boulevard. The surrounding land uses include eating establishments to the north and east, and the I-10 Freeway to the south. The site is currently vacant and undeveloped.

ISSUES/ANALYSIS

ZONING TEXT AMENDMENT
The Zoning Text Amendment – The proposed code amendment pertains to allowing a Self- Service Car Wash Facility in the General Commercial Downtown Zone. This code amendment includes a definition and Conditional Use Permit (CUP) requirements for Self -Service Car Wash allowing one self -service car wash every .75 miles within the C -2/Downtown zone to control oversaturation of such services within the downtown area where pedestrian -oriented business are encouraged. Ordinance No. 13-22 (see attachment 2 ) includes the proposed Zoning text changes recommended by the Planning Commission for consideration by the City Council.

SURROUNDING LAND USES / COMPATIBILITY
The proposed car wash facility will be compatible with the surrounding commercial businesses.

There are a variety of commercial uses to the north and east, including McDonalds and Domino’s Pizza to the north, a vacant parcel and P&G Burgers located on the adjacent parcels to the east, and the I -10 freeway to the south. The proposed car wash will be developed with appropriate setbacks and architectural detail and scale, ensuring that this project will be compatible with the surrounding commercial uses. The proposed landscaping adds addit ional enhancements to the property and will help ensure neighborhood compatibility. The site has adequate internal circulation with 29 parking spaces, and a new driveway along Valley Blvd with reciprocal access to the adjacent parcel.

CONSISTENCY WITH DOWNTOWN DESIGN MANUAL
Since the incorporation of the City in 1887, many changes have occurred to the original downtown. The site is located within the Valley Boulevard Corridor Focus Area, as identified by the General Plan, Land Use Element. This commercia l corridor/area focuses on opportunities for enhanced and new commercial development. Underutilized and aging properties should be encouraged to transition to uses that can increase tax revenues and attract regional customers.

The goal is to attract and fa cilitate more intense commercial development that is currently lacking in the City and that would provide commercial uses with a regional appeal. The proposed car wash complies with the Downtown Design Manual – Valley Boulevard Corridor Guidelines in that the parking is located behind the building, the building is placed close to the street and utilizes a variety of building materials, and the landscape exceeds coverage requirements.

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ENVIRONMENTAL DETERMINATION

Pursuant to the California Environmental Qua lity Act (CEQA), The City Council of the City of Colton, in accordance with the California Environmental Quality Act, has found that the project will not have a significant impact on the environment and is Categorically Exempt from CEQA under Article 19, Section 15303, Class 3 (New Construction or Conversion of Small Structures), which provides the following example as exempt projects under Guidelines Section 15303 (c):
up to four (4) commercial buildings not exceeding 10,000 square feet of the CEQA Guideli nes.

This section pertains to the proposed project, which does not rise to a level of significant environmental impact and will not be detrimental to the health and welfare of the surrounding neighborhood.

FISCAL IMPACTS

The zoning text amendment will allow additional commercial uses and increased property tax revenue for the City.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. Attachment 1_DAP-001-755-PC Staff Report

2. Attachment 2_Ordinance O-13-22

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Exhibit - A
ORDINANCE NO. O-13-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, AMEND CERTAIN SECTIONS IN CHAPTERS 18.04; AND 18.06 OF TITLE 18 (ZONING) OF THE COLTON MUNICIPA L CODE RELATED TO DEFINITIONS, AND PERMITTED USES, (FILE INDEX NO. DAP-001-755).

WHEREAS, on August 23, 2022 , the Planning Commission of the City of Colton (“Planning Commission”) conducted a duly noticed public hearing and recommended the City Council of the City of Colton (“City Council”) amend Title 18 of th e Colton Municipal Code (the “Municipal Code”). Following the conclusion of said hearing, the Planning Commission a dopted their Resolution No. R -17-22, recommending approval to the City Council to amend (“Zoning Text Amendment”) Chapters 18.04 and 18.06 of Title 18 of the Colton Municipal Code; and

WHEREAS, the City Council has determined that the Zoning Text Amendment is consistent with the City of Colton General Plan (“General Plan”) as indicated below; and

WHEREAS, the City Council has determined that the proposed Zoning Text Amendment is in the best interests of the City, and that it would be in the public interest to approve the Zone Text Amendment; and

WHEREAS, the Zoning Text Amendment was reviewed, studied and found exempt from the California Environmental Quality Act (“CEQA”) as more fully described below; and

WHEREAS, on October 4, 2022 , the City Council held a duly noticed public hearing at which persons wishing to testify in connection with the Zoning Text Amendment were heard and the Zoning Text Amendment was comprehensively reviewed.

WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

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

SECTION 1. The City Council h ereby adopts the recitals and findings set forth above and in the agenda report prepared in connection with this Ordinance.

SECTION 2. General Plan Consistency. Based on the entire record before the City Council and all written and oral evidence presen ted, including the staff report and the findings made in this Ordinance, the City Council hereby finds and determines that the proposed Ordinance is consistent with the goals and policies of the City of Colton General Plan and is reasonably related to the public welfare of the citizens of the City and surrounding regions. The Zoning Text Amendment is necessary to provide clarity to implement existing regulations, provide consistency with other code regulations, allow flexibility to certain standards, and al low for addressing potential negative impacts. Specifically, provisions in the ordinance address the following General Plan policies:

Land Use Element:
o Policy LU -1.1: “Ensure that all new development conforms to all appreciable provisions of the General P lan and Zoning Code.” The Ordinance will modify regulations and uses permitted that allows for review of use and development proposal to ensure consistency with the General Plan and Zoning Code as proposed herein with chapters 18.04 (Definitions), and 18.06 (Permitted Uses).

o Policy LU -1.6: “Ensure that new development projects are compatible with permitted, well-maintained uses and buildings in the surrounding neighborhood or district.” The Ordinance will modify regulations and uses permitted that allows for review of use and development to ensure compatibility with existing neighborhoods and districts as proposed within chapters, 18.04 (Defi nitions), and 18.06 (Permitted Uses).

o Policy LU‐1.8 : “Interpret the Land Use Plan in a manner that provides for compatibility between adjacent land uses, and that allows the City to achieve land use, design, and economic development objectives.” The proposed zoning text

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amendments provide for parking, special findings and findings within a Conditional Use Permit review process to ensure projects are reviewed to be compatible within a neighborhood to achieve land use, design and economic development objectives.

o Policy LU-9-1: “Encourage and facilitate an appropriate mix of goods and services offered in community and neighborhood centers.” The Ordinance will modify chapters 18.04 (Definitions), and 18.06 (Permitted Uses) , to ensure that a desired mix of goods and services is provided in commercial districts.

o Policy LU-11.3: “Increase and diversify local employment opportunities, and retain and accommodate industrial development that is compatible with City objectives for safety, environmental and visual quality, and employment and revenue gene ration.” The Ordinance will increase and diversify local e mployment opportunities, and is compatible with City objectives for safety, environmental and visual quality, and employment and revenue generation.

o Goal LU -15: “Recreate downtown Colton as a vib rant, pedestrian -friendly, and attractive district that integrates civic, public, residential, office, and commercial uses.” The Ordinance will provide more commercial uses that will attract and facilitate more intense commercial development that is curre ntly lacking. Valley Boulevard is a busy corridor that presents opportunities for enhanced and new commercial development.

o Policy LU -15.1: “Pursue attractive new developments and redevelopment within downtown to revitalize the commercial and residential areas. Encourage new development on vacant sites to achieve quality infill development consistent with surrounding uses.” The Ordinance will provide a new commercial use on a vacant site that will be compatible with other commercial uses. The proposed car wash will be developed with appropriate setbacks and architectural detail and scale , ensuring that this project will be compatible w ith the surrounding commercial uses to help revitalize the area.

o Policy LU-15.4: “Encourage a balance of land uses to enc ourage activity each day of the week and after business hours .” As previously mentioned, the Ordinance will provide more commercial uses that will facilitate more intense commercial development that is currently lacking in this area . The proposed car wash will allow customers during various times of the day, opened seven days a week with operating hours from 6:00 a.m. to 10:00 p.m.

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SECTION 3. The City of Colton finds that the proposed Zone Text Amendment to permit an automobile carwash , by: adding and/or modifying definitions ; modifying allowances for certain permitted, conditional, and prohibited land uses in the C -2/D zone , is reasonably related to the public welfare of the citizens of the City and surrounding region; more specifically, the Ordinance in cludes appropriate restrictions to ensure that the proposed standards meet all safety standards including Building and Safety Codes, Fire Codes and review/approval by the City Engineer.

SECTION 4. Certain sections of Chapter 18.04 (Definitions) of Title 18 of the Colton Municipal Code, pertaining to Definitions, are hereby amended or added to read as follows with new text shown in boldface underline ( text) and deleted text shown in strikethrough ( text) with existing text to remain unchanged shown without boldface underline nor strikethrough:
“18.04. – Definitions

18.04.72.1 – Automobile Light Repair. “ Automobile Light Repair" means fueling, installation and servicing of automobiles, not including trucks, and automotive equipment and parts including minor tune-ups, battery charging, tube and tire repairs, but excluding body work, engine overhauling and other similar activities.

18.04.72.2 – Self-Service Car Wash Facility. “Self-Service Car Wash Facility” means self - service, automatic / mechanical car wash service of cleaning the exterior of automobiles and provision of exterior vacuums for customers clean inside vehicle . In some cases, self-service car wash facilities may offer window cleaning and auto detailing if approved with conditional use permit app lication. Automobiles may include cars, min vans, large vans, large vehicle trucks, and SUVs.

SECTION 5. Section 18.06.060 of Chapter 18.06 (Uses Permitted) of Title 18 of the Colton Municipal Code, pertaining to the Uses Permitted in Each Zone, is hereb y amended to read as follows adding new text as shown in boldface underline (text) and deleted text is shown in strikethrough (text) with existing text to remain unchanged shown without boldface underline nor strikethrough:

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18.06.060 - Uses Permitted in each Zone.

F. Commercial Districts Table C-1 C-2 MU-D MU-N Automobile Wash (Self Service/Automatic/Hand
Carwash) N C1,2 P P
1 Not permitted in General Commercial—Downtown Overlay
Zone and Mixed-Use Downtown Zone.

2 Self Service Automobile Facilities Not permitted within

0.75 miles of another Self-Service Automobile Facility if located with the C-2/D Zone

SECTION 6. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pur suant to Sections 15060(c)(2) and Sections 15060(b)(3). The activity is not subject to CEQA because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and the activity is covered by the general rule that C EQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity i s not subject to CEQA. The proposed amendments propose regulatory and administrative amendments to the zoning code. Additional environmental review will be conducted on projects that are affected by these changes.

SECTION 7 . Custodian of Records. The do cuments and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 650 N. La Cadena Drive, Colton, California 92324. The custodian of these records is the City Clerk.

SECTION 8. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affec t other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of

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the City of Colton hereby declare that they wo uld have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 9. Effective Date. Th is Ordinance shall become effective thirty (30) days following its adoption.

SECTION 10. Publication. The City Clerk shall certify to the adoption of this Ordinance.

Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance , or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Colton.

PASSED, APPROVED AND ADOPTED by the City Council of the City o f Colton California, at a regular meeting of the City Council held on the 4th day of October, 2022.

______________________________
FRANK J. NAVARRO
Mayor

ATTEST:

______________________________________
CAROLINA R. PADILLA
City Clerk

APPROVED AS TO FORM:

______________________________________
Best Best & Krieger LLP
City Attorney

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ITEM NO. 3

STAFF REPORT

DATE: OCTOBER 4, 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 SEPTEMBER 20, 2022.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approval of Minutes for the City Council Regular Meeting held on September 20, 2022.

BACKGROUND

Minutes for the City Council Regular Meeting held on September 20, 2022.

FISCAL IMPACTS

None

ATTACHMENT

1. 09-20-2022 Draft Minutes
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2022 SEPTEMBER 20 CC/CUA/CPFA/CHA MEETING 1 -

CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

REGULAR MEETING MINUTES

September 20, 2022

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

INVOCATION: Pastor Ruben Cimental - Sovereign Grace Impact Ministries FLAG SALUTE: Captain Timothy Heusterberg (Veteran)

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

 Business Recognition- Colton Ave Auto Body
CM González presented a You Make a Difference Certificate to Colton Avenue Auto Body; accepted by business owners Jose and Rose Grande.

 Recognition- Rachel Arellano
CM Echeva rria presented a Certificate of Recognition to Rachel Arellano for her talent, determination and commitment to education and athletics; bringing the team the gold in the AAU West Cost Junior Olympics; accepted by Rachel Arellano with her parents in attendance.

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MAYOR AND COUNCIL ITEMS

POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF SEPTEMBER 20, 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

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

Councilmember(s) González/MPT Koperski/CM Suchil attended the California Cities Annual Conference and Expo; held September 7-9, 2022, held at the Long Beach Convention Center.

MAYOR AND COUNCIL DISCUSSION ITEMS

 Commercial Building Color Policy

Staff Presentation
Director Tomich presented and overview of the Staff Report, Commercial and Industrial Building Color Policy; concluded Council direction to staff regarding regulation of colors for commercial and industrial building.

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

Director Tomich, City Attorney Campos, and City Manager Smith.

Mayor Navarro asked for a consensus of Councilmembers present and announced the item ‘tabled’.

BUSINESS ITEMS

(1) Fire Department Strategic Analysis - Hear Report on Findings of Fire Department Strategic Analysis.

Staff Presentation
Fire Chief, Tim McHargue introduced Mat Fratus of Mat Fratus Consulting who presented the C olton Fire Department Strategic Analysis; this is a receive and file item.

Project Objective
Assess the efficiency and capacity of Colton Fire Department’s deployment mode for fire, rescue, and Emergency Medical Services (EMS).

Final Recommendations

 Addition of a fire department response resource; the option of adding a paramedic squad at an existing fire station offers a high level of efficiency at a relatively low cost.

 Paramedic squad would be a dedicated crew in order to acquire maximum benefits of the additional response vehicle.

 Efficient location to place the paramedic squad would be Station 214: highest call volume; highest number of high-severity EMS calls by district; and highest amount of concurrent call events.

Fiscal Impact
The annual personnel cost for the recommendation to add a paramedic squad could be in the range of $875,000; hire six paramedics; place a two-person paramedic squad in service 24 hours per day.

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

Consultant Fratus, Fire Chief McHargue, and City Manager Smith.

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Mayor and Council discussion/request concluded in agreement with City Manager Smith to address the recommendations as an additional budget item with a priority at the next fiscal year.

Receive & File
With no objection by Mayor and Council present; report received and filed.

(2) Ordinance Amending Chapter 6.32 - Fireworks - Waive Full Reading, Read By Title Only and Pass First Reading of an Or dinance of the City Council of the City of Colton, California, Amending Chapter 6.32 of the Colton Municipal Code Regarding the Sale, Purchase, and Use of Fireworks, ORDINANCE NO O-12-22.

Staff Presentation
Fire Marshall Ray Bruno, Colton Fire Department, 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: Frank Aguilar.

Motion and Second by CM Suchil/CM Toro to waive full reading, rea d by title only and introduce Ordinance No. O-12-22.

Vote: Unanimous

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PUBLIC COMMENT
The following community members addressed the Council: Leslie Stevens; April Lopez; Christine Irish-Ré; and Gary Grossich.

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CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 3 through 12.

Councilmembers present selected items for discussion and clarification by staff: CM Suchil, Item 7.

Motion and Second by CM González/CM Cisneros to approve consent calendar Item 3 through 12.

Vote: Unanimous

(3) Minutes - Approval of Minutes for the City Council Regular Meeting held on September 6, 2022.

(4) Warrants - Approve US Bank voucher dated 07/22/2022 and totaling $41,781.30; voucher numbers 200887 to 200980 dated 08/18/2022 and totaling $561,228.42; voucher numbers 200981 to 201106 dated 08/25/2022 and totaling $5,743,376.32 and a payroll disbursement listing d ated 07/09/2022 to 07/22/2022 and totaling $1,536,377.72.

(5) City Treasurer's Report - Receive and File City Treasurer's Report for June 2022.

(6) Annual Power Source Disclosure & Power Content Label - Approve and Adopt the 2021 Annual Power Source Disclosure & Power Content Label, RESOLUTION NO. R-99-22.

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(7) Budget Appropriation - Solid Waste Fund FY2021-22 - Approve and Adopt a Resolution to Amend the Fiscal Year 2021-22 Budget for Residential Solid Waste Disposal Services, RESOLUTION R-102-22.

(8) Biennial Conflict of Interest Code - Approve and Adopt a Resolution Amending the City of Colton’s Conflict of Interest Code Pursuant to the Political Reform Act of 1974, RESOLUTION NO. R-101-22.

(9) Contract Award - Environmental System Research Institutes , Inc. (ESRI) - Approve Award of Contract to Environmental System Research Industries Inc. (ESRI) for Electric GIS Support.

(10) Contract Amendment - KOA Corporation - Approve Amendment No. 2 for the KOA Corporation Professional Service Agreement for the Reche Canyon Road Realignment to Hunts Lane (Project), RESOLUTION R-100-22.

(11) Intent to Annex - Community Facilities District Nos. 2021-1 (Public Safety) and 2021-2 (Maintenance) - Resolutions of Intention to Annex into Community Facilities District No s. 2021-1 (Public Safety) and 2021-2 (Maintenance), RESOLUTION NO. R-103-22 & R-104-22.

(12) Legislative Policy - 2023 - Approve the Annual Legislative Plan for the Legislative Year 2023.

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 7:38 p.m. Mayor Navarro adjourned the Regular Council Meeting in Memorium of Carlos Vasquez and Angie Perez.

_________________________________
Carolina R. Padilla
City Clerk

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ITEM NO. 4

STAFF REPORT

DATE: OCTOBER 4, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE VOUCHER NUMBERS 201107 TO 201282 DATED 08/31/2022 AND TOTALING $911,962.95; WIRES DATED 09/02/2022 AND TOTALING $8,801,950.89; VOUCHER NUMBERS 201283 TO
201375 DATED 09/08/2022 AND TOTALING $311,227.04 AND A
PAYROLL DISBURSEMENT LISTING DATED 07/23/2022 TO
08/05/2022 AND TOTALING $1,265,047.26.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve voucher numbers 201107 to 201282 dated 08/31/2022 and totaling $911,962.95; wires dated 09/02/2022 and totaling $8,801,950.89; voucher numbers 201283 to 201375 dated 09/08/2022 and totaling $311,227.04 and a payroll disbursement listing dated 07/23/2022 to 08/05/2022 and totaling $1,265,047.26.

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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Staff Report to the Mayor and City Council
Warrants - Accounts Payable
October 4, 2022

Page 2 ends

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Fund Number and Title Legend

2. Voucher lists

3. Payroll Registers
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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. 5

STAFF REPORT

DATE: OCTOBER 4, 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 FINAL RELEASE OF ALL REMAINING BONDS AND

SUBDIVISION CASH DEPOSIT GUARANTEEING PERFORMANCE
(STAKING) FOR TRACT MAP NO. 20138 AND TRACT MAP NO.
20139.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Authorize the final release of the remaining reduced P erformance and the Labor/Materials Bonds of 25% for the completed improvements for Tract Map No. 20138 and Tract Map No. 20139 (Richmond American Homes).

2. Authorize the release of the Cash Deposit Guaranteeing Performance (Staking) for the installed monumentation as shown on recorded Tract Map No. 20138 and Tract Map No. 20139.

BACKGROUND

Tract Map No. 20138 and Tract Map No. 20139 (Richmond American Homes) are situated in an area in the western part of the City of Colton bounded by Wildrose Avenue and Wo odpine Avenue near the City limit with the City of Rialto. Tract Map No. 20138 consists of 13 unit single-family residential lots that encompass approximately 1.34 acres. Tract Map No. 20139 consists of 64 unit single -family residential lots that encompa sses approximately 6.11 acres.

Both tracts have been constructed by Richmond American Homes.

Prior to the star t of construction, the City required the developer to post bonds to guarantee completion of the conditioned improvements in the public right-of-way such as street, sewer, and 5 Packet Pg. 189
Staff Report to the Mayor and City Council
Bonds Release - TM 20138 & TM 20139
October 4, 2022

Page 2 ends

drainage. The developer submitted Faithful Performance and Labor and Materials (Payment) Bonds (Exhibit A for Tract Map No. 20138 and Exhibit B for Tract Map No. 20139) prior to recordation of both Tract Maps approved by th e City Council on July 16, 2019. The amounts required to secure the completion of the identified public improvements correspondent to the development of Tract Map No. 20138 and Tract Map No. 20139 are as follows:

 Faithful Performance - $ 647,708.00
 Labor & Materials (Payment) - $ 323,856.00

On May 19, 2020, the City authorized the reduction of the Faithful Performance and Labor and Materials (Payment) Bonds for completed portions of improvements from 100% to 25%. After the reduction, the amounts requi red to secure the completion of the identified public improvements correspondent to the development of Tract Map No. 20138 and Tract Map No. 20139 are as follows:

 Faithful Performance - $ 161,927.00
 Labor & Materials (Payment) - $ 80,964.00

In additi on to the required bonds, the developer was required to submit a cash deposit for Guaranteeing Performance (staking) in the amount of $5,000 and $10,000, for Tract Map No. 20138 and Tract Map No. 20139 respectively. These cash deposits were not reduced or released as part of the May 19, 2020 City action.

ISSUES/ANALYSIS

The construction of Tract Map No. 20138 and Tract Map No. 20139 started in August of 2019.

The construction of sewer, drainage lines, grading, and public and private street s are completed already and final inspection was provided on November 9, 2021. The developer is requesting full reduction of the Faithful Performance bonds and Labor and Materials (Payment) bonds for the completed improvements.

Additionally, the Public Works Department has verified the installation of monumentation as required by recorded Tract Map No. 20138 and Tract Map No. 20139 and thus the developer is also requesting reimbursement of the cash deposit Guaranteeing Performance (Staking). The completed improvements would allow for a total final bond release from the original amount and full reimbursement of the cash deposit as well. The breakdown of the original and proposed bonds are as follows:

Bond Breakdown

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October 4, 2022

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Government Code Section 66499(b) authorizes the Cit y Council to release the bonds if the improvements are completed and reimburse the cash deposit once verification of the installation of the monuments is completed. The remaining bonds are required to remain in place for a period of one (1) full year from the date the public improvements are accepted by the City. The Cash Deposit for Staking Guarantee can be reimbursed immediately after City Council approval and confirmation of installation, which staff has confirmed. Public Improvemen ts were accepted on November 09, 2021. As such, if approved to be released, the remaining bonds shall be released on November 09, 2022, at the end of the maintenance period, assuming there is no need for field corrections. If corrections are needed, the bonds can remain in p lace until any and all corrections are made. Staff has been monitoring the improvements and working with the developer to maintain any necessary correction during this maintenance period.

FISCAL IMPACTS

Tract Map No. 20138 and Tract Map No. 20139 cond itions of approval have been met. All improvements along the public right of way will be maintained by the City and the budget for the maintenance of these improvements will be part of the annual maintenance budget. Interior streets and landscaping will be maintained by the development’s Home Owner’s Association.

ALTERNATIVES

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1. Provide alternative direction to staff.

ATTACHMENT

1. Attachment A - Bonds for Tract 20138

2. Attachment B - Bonds for Tract 20139

3. Attachment C1 - TM 20138 Cash Deposit

4. Attachment C2 - TM 20139 Cash Deposit
5 Packet Pg. 192
BondNo.30041119

FAITHFULPERFORMANCE
WhEREAS,theCityofColton,California,(hereinaftercalled“Obligee”),and RichmondAmericanHomesofMaryland,Inc.(hereinafterdesignatedas“Principal”)have enteredintoanagreementwherebyPrincipalagreestoinstallandcompletecertaindesignated publicimprovements,whichsaidagreement,dated
_________________,
andidentifiedasproject
Tract2013$(WildroseVillage—PublicStreetandStormDrain),isherebyreferredtoandmade aparthereof;and
WifEREAS,saidPrincipalisrequiredunderthetermsofsaidagreementtofurnisha bondforthefaithfulperformanceofsaidagreement.

NOW,THEREFORE,we,thePrincipalandTheContinentalInsuranceCompany,as Surety,areheldandfirmlybounduntotheObligeeinthepenalsumofTwentySixThousandSix HundredfiftyNineand00/lOOthsDollars($26,659.00),lawfulmoneyoftheUnitedStates,for thepaymentofwhichsumwellandtrulytobemade,webindourselves,ourheirs,successors, executorsandadministrators,jointlyandseverally,firmlybythesepresents.

TheconditionofthisobligationissuchthatiftheaboveboundedPrincipal,hisorits heirs,executors,administrators,successorsorassigns,shallinallthingsstandtoandabideby, andwellandtrulykeepandperformthecovenants,conditionsandprovisionsinthesaid agreementandanyalterationthereofmadeasthereinprovided,onhisortheirpart,tobekept andperformedatthetimeandinthemannerthereinspecified,andinallrespectsaccordingto theirtrueintentandmeaning,andshallindenmifiandsaveharmlessObligee,itsofficers,agents andemployees,asthereinstipulated,thenthisobligationshallbecomenullandvoid;otherwiseit shallbeandremaininfullforceandeffect.

Asapartoftheobligationsecuredherebyandinadditiontothefaceamountspecified therefor,thereshallbeincludedcostsandreasonableexpensesandfees,includingreasonable attorney’sfees,incurredbyObligeeinsuccessfullyenforcingsuchobligation,alltobetaxedas costsandincludedinanyjudgmentrendered.

TheSuretyherebystipulatesandagreesthatnochange,extensionoftime,alterationor additiontothetermsoftheagreementortotheworktobeperformedthereunderorthe specificationsaccompanyingthesameshallinanywiseaffectitsobligationsonthisbond,andit doesherebywaivenoticeofanysuchchange,extensionoftime,alterationoradditiontothe termsoftheagreementortotheworkortothespecifications.

INWITNESSWHEREOF,thisinstrumenthasbeendulyexecutedbythePrincipaland Suretyabovenamed,onMay29,2019.
(Principal)(Surety)
RichmondAmericanHomesofTheContinentalInsuranceCompany
Maryland,Inc.

By:______________________By:

Title:___________________________Title:KathleenK.Freund,Attorney-in-Fact (Wildrosevillage(Tr20138)Colton,CA.PublicStreet&StormDm($26,659.00)-Perf(CNA))

5.a
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Attachment: Attachment A - Bonds for Tract 20138 (3787 : Bonds Release - TM 20138 & TM 20139)

POWEROFATTORNEYAPPOINTINGINDIVIDUALATTORNEY-IN-FACT
KnowAlli\IenByThesePresents,ThatTheContinentalInsuranceCompany.aPennsylvaniainsurancecompany,isadulyorganizedandexisting insurancecompanyhavingitsprincipalofficeintheCityofChicago.andStateofIllinois.andthatitdoesbyvirtueofthesignatureandsealherein affixedherebymake,constituteandappoint
KathleenKFreund,StacyKillebrew,Individually
ofDenver.CO.itstrueandlawfulAttorney(s)-in-factwithfullpowerandauthorityherebyconferredtosign,sealandexecuteforandonitsbehalf bonds,undertakingsandotherobligatoryinstrumentsofsimilarnature -InUnlimitedAmounts-
andtobindthemtherebyasfullyandtothesatneextentasifsuchinstrumentsweresignedbyadulyauthorizedofficeroftheinsurancecompanyandall theactsofsaidAttorney,pursuanttotheauthorityherebygivenisherebyratifiedandconfirmed.

ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityoftheBy-LawandResolutions,printedonthereversehereof,duly adopted.asindicated,bytheBoardofDirectorsoftheinsurancecompany.

IntVitnesst’hereof,TheContinentalInsuranceCompanyhascausedthesepresentstobesignedbyitsVicePresidentanditscorporatesealtobe heretoaffixedonthis29thdayofFebruary,2016.

TheContinentalInsuranceCompany
Paul.BniflatVtcePresident
StateofSouthDakota,CountyofMinnehaha,ss:

Onthis29thdayofFebruary.2016,beforemepersonallycamePaulT.Bruflattomeknown,who,beingbyrnedulysworn,diddeposeandsay:
thatheresidesintheCityofSiouxFalls.StateofSouthDakota;thatheisaVicePresidentofTheContinentalInsuranceCompany,aPennsylvania insurancecompany.describedinandwhichexecutedtheaboveinstrument;thatheknowsthesealofsaidinsurancecompany;thatthesealaffixedtothe saidinstrumentissuchcorporateseat;thatitwassoaffixedpursuanttoauthoritygivenbytheBoardofDirectorsofsaidinsurancecompanyandthathe signedhisnametheretopursuanttolikeauthority,andacknowledgessametobetheactanddeedofsaidinsurancecompany.

MyCommissionExpiresJune23,2021J.MohrNotaryPublic

CERTIFICATE
1,D.Butt,AssistantSecretaryofTheContinentalInsuranceCompany,aPennsylvaniainsurancecompany,doherebycertifythatthePowerof Attorneyhereinabovesetforthisstiltinforce,andfurthercertifythattheBy-LawandResolutionoftheBoardofDirectorsoftheinsurancecompany printedonthereersehereofisstillinfore.IntestimonywhereofIhavehereuntosubscribedmynameandaffixedtheseatofthesaidinsurance companythisdayof.
2_u
V
TheContinentalInsuranceCompany
D.BultAssistantSecretary
FormF6850-4/20l2

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Attachment: Attachment A - Bonds for Tract 20138 (3787 : Bonds Release - TM 20138 & TM 20139) AuthorizingResolutions
ADOPTEDBYTHEBOARDOFDIRECTORSOFTHECONTINENTALTh1SURANCECOMPANY:

ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-LawdutyadoptedbytheBoardofDirectorsof theCompanyatameetingheldonMay10,1995.
“RESOLVED:ThatanyGroupVicePresidentmayauthorizeanofficertosignspecificdocuments,agreementsandinstrumentsonbehalf oftheCompanyprovidedthatthenameofsuchauthorizedofficerandadescriptionofthedocuments,agreementsorinstrumentsthatsuch officermaysignwillbeprovidedinwritingbytheGroupVicePresidenttotheSecretaryoftheCompanypriortosuchexecution becomingeffective.”
ThisPowerofAttorneyissignedbyPaulT.Bniflat,VicePresident,whohasbeenauthorizedpursuanttotheaboveresolutiontoexecutionpowerof attorneysonbehalfofTheContinentalInsuranceCompany.

ThisPowerofAttorneyissignedandsealedbyfacsimileunderandbytheauthorityofthefollowingResolutionadoptedbytheBoardofDirectorsof theCompanybyunanimouswrittenconsentdatedthe25edayofApril,2012:
“Whereas,thebylawsoftheCompanyorspecificresolutionoftheBoardofDirectorshasauthorizedvariousofficers(the“Authorized Officers”)toexecutevariouspolicies,bonds,undertakingsandotherobligatoryinstrumentsoflikenature;and Whereas,fromtimetotime,thesignatureoftheAuthorizedOfficersinadditiontobeingprovidedinoriginal,hardcopyformat,maybe providedviafacsimileorotherwiseinanelectronicformat(collectively,“ElectronicSignatures”);Nowthereforebeitresolved:thatthe ElectronicSignatureofanyAuthorizedOfficershallbevalidandbindingontheCompany.”

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Attachment: Attachment A - Bonds for Tract 20138 (3787 : Bonds Release - TM 20138 & TM 20139) BondNo.30041119

LABORANDMATERIALS
WHEREAS,theCityofColton,California(hereinafterdesignatedas“Obligee”)and RichmondAmericanHomesofMaryland,Inc.(hereinafterdesignatedas“Principal”)have enteredintoanagreementwherebyPrincipalagreestoinstallandcompletecertaindesignated publicimprovements,whichsaidagreement,dated
_______________
andidentifiedasproject
Tract2013$(WildroseVillage—PublicStreetandStormDrain),isherebyreferredtoandmade aparthereof;and
WhEREAS,underthetermsofsaidagreement,Principalisrequiredbeforeentering upontheperformanceofthework,tofileagoodandsufficientpaymentbondwiththeObligee tosecuretheclaimstowhichreferenceismadeinTitle3(commencingwithSection9000)of Part6ofDivision4oftheCivilCodeoftheStateofCalifornia.

NOW,THEREFORE,saidPrincipalandtheundersignedascorporateSurety,areheld firmlybounduntotheObligeeandallcontractors,subcontractors,laborers,materialsuppliers andotherpersonsemployedintheperformanceoftheaforesaidagreementandreferredtoin Title3(commencingwithSection9000)ofPart6ofDivision4oftheCivilCodeinthesumof ThirteenThousandThreeHundredThirtyand00/lOOthsDollars($13,330.00),formaterials furnishedorlaborthereonofanykind,orforamountsdueundertheUnemploymentInsurance Actwithrespecttosuchworkorlabor,thatsaidSuretywillpaythesameinanamountnot exceedingtheamounthereinabovesetforth,andalsoincasesuitisbroughtuponthisbond,will pay,inadditiontothefaceamountthereof,costsandreasonableexpensesandfees,including reasonableattorney’sfees,incurredbyObligeeinsuccessfullyenforcingsuchobligation,tobe awardedandfixedbythecourt,andtobetaxedascostsandtobeincludedinthejudgment thereinrendered.

Itisherebyexpresslystipulatedandagreedthatthisbondshallinuretothebenefitofany andallpersons,companiesandcorporationsentitledtofileclaimsunderTitle3(commencing withSection9000)ofPart6ofDivision4oftheCivilCode,soastogivearightofactionto themortheirassignsinanysuitbroughtuponthisbond.

Shouldtheconditionofthisbondbefullyperformed,thenthisobligationshallbecome nullandvoid,otherwiseitshallbeandremaininfullforceandeffect.

TheSuretyherebystipulatesandagreesthatnochange,extensionoftime,alterationor additiontothetermsofsaidagreementorthespecificationsaccompanyingthesameshallinany manneraffectitsobligationsonthisbond,anditdoesherebywaivenoticeofanysuchchange, extension,alterationoraddition.

INWITNESSWHEREOF,thisinstrumenthasbeendulyexecutedbythePrincipaland Suretyabovenamed,onMay29,2019.
(Principal)(Surety)
RichmondAmericanHomesofTheContinentalInsuranceCompany
Maryland,Inc.

By:_____________________By:_______________________
Title:__________________________Title:athleenK.Freund,Attorney-in-Fact (WildroseVillage(Tr20138)Colton,CA-PublicStreet&StormDm($13,330.00)-L&M(CNA))

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Attachment: Attachment A - Bonds for Tract 20138 (3787 : Bonds Release - TM 20138 & TM 20139)

POWEROFATTORNEYAPPOINTINGINDIVIDUALATTORNEY-IN-FACT
KnowAllMenByThesePresents,ThatTheContinentalInsuranceCompany,aPennsylvaniainsurancecompany,isadulyorganizedandexisting insurancecompanyhavingitsprincipalofficeintheCityofChicago,andStateofIllinois.andthatitdoesbyvirtueofthesignatureandsealherein affixedherebymake,constituteandappoint
KathleenKFreund,StacyKillebrew,Individually
ofDenver,CO.itstrueandlawfulAttorney(s)-in-Factwithfullpowerandauthorityherebyconferredtosign,seatandexecuteforandonitsbehalf bonds,undertakingsandotherobligatoryinstrumentsofsimilarnature -InUnlimitedAmounts-
andtobindthemtherebyasfullyandtothesameextentasifsuchinstrumentsweresignedbyadulyauthorizedofficeroftheinsurancecompanyandall theactsofsaidAttorney,pursuanttotheauthorityherebygivenisherebyratifiedandconfirmed.

ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityoftheBy-LawandResolutions,printedonthereversehereof,duly adopted,asindicated,bytheBoardofDirectorsoftheinsurancecompany.

InWitnessWhereof,TheContinentalInsuranceCompanyhascacisedthesepresentstobesignedbyitsVicePresidentanditscorporatesealtobe heretoaffixedonthis29thdayofFebruary,2016.

TheContinentalInsuranceCompany
PaulPresident
StateofSouthDakota,CountyofMinnehaha,ss:

Onthis29thdayofFebruary.2016,beforemepersonallycamePaulT.Brtiflattomeknown,who,beingbyrnedcilysworn,diddeposeandsay:
thatheresidesintheCityofSiouxFalls,StateofSouthDakota:thatheisaVicePresidentofTheContinentalInsuranceCompany,aPennsylvania insurancecompany.describedinandwhichexecutedtheaboveinstrument;thatheknowsthesealofsaidinsurancecompany;thatthesealaffixedtothe saidinstrumentissuchcorporateseal;thatitwassoaffixedpursuanttoauthoritygisenbytheBoardofDirectorsofsaidinsurancecompanyandthathe signedhisnametheretopursuanttolikeauthority,andacknowledgessametobetheactanddeedofsaidinsurancecompany.

MyCommissionExpiresJune23,2021J.MohrNotaryPublic

CERTIFICATE
I,D.Bult,AssistantSecretaryofTheContinentalInsuranceCompany,aPennsylvaniainsurancecompany,doherebycertifythatthePowerof Attorneyhereinabovesetforthisstillinforce,andfurthercertifythattheBy-LawandResolutionoftheBoardofDirectorsoftheinsurancecompany printedonthereersehereofisstillinfone.IntestimonytvhereofIhavehereuntosubscribedmynameandaffixedthesealofthesaidinscirance companythis-1idayof)‘V1L1\,2üV
TheContinentalInsuranceCompany
D.BultAssistantSecretary
FormF6850-4/2012

5.a
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Attachment: Attachment A - Bonds for Tract 20138 (3787 : Bonds Release - TM 20138 & TM 20139) AuthorizingResolutions
ADOPTEDBYTHEBOARDOFDIRECTORSOFThECONTINENTAL[NSURANCECOMPANY:

ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-LawdulyadoptedbytheBoardofDirectorsof theCompanyatameetingheldonMay10,1995.
“RESOLVED:ThatanyGroupVicePresidentmayauthorizeanofficertosignspecificdocuments,agreementsandinstrumentsonbehalf oftheCompanyprovidedthatthenameofsuchauthorizedofficerandadescriptionofthedocuments,agreementsorinstrumentsthatsuch officermaysignwillbeprovidedinwritingbytheGroupVicePresidenttotheSecretaryoftheCompanypriortosuchexecution becomingeffective.”
ThisPowerofAttorneyissignedbyPaulT.Bniflat,VicePresident,whohasbeenauthorizedpursuanttotheaboveresoltitiontoexecutionpowerof attorneysonbehalfofTheContinentalInsuranceCompany.

ThisPowerofAttorneyissignedandsealedbyfacsimileunderandbytheauthorityofthefollowingResolutionadoptedbytheBoardofDirectorso1 theCompanybyunanimouswrittenconsentdatedthe25t5dayofApril,2012:
“Whereas,thebylawsoftheCompanyorspecificresolutionoftheBoardofDirectorshasauthorizedvariousofficers(the“Authorized Officers’)toexecutevariouspolicies,bonds,undertakingsandotherobligatoryinstrumentsoflikenature;and Whereas,fromtimetotime,thesignatureoftheAuthorizedOfficersinadditiontobeingprovidedinoriginal,hardcopyformat,maybe providedviafacsimileorotherwiseinanelectronicformat(collectively,“ElectronicSignatures”);Nowthereforebeitresolved:thatthe ElectronicSignatureofanyAuthorizedOfficershallbevalidandbindingontheCompany.”

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Attachment: Attachment A - Bonds for Tract 20138 (3787 : Bonds Release - TM 20138 & TM 20139) BondNo.30041118

FAITHFULPERFORMANCE
WHEREAS,theCityofColton,California,(hereinaftercalled“Obligee”),and RichmondAmericanHomesofMaryland,Inc.(hereinafterdesignatedas“Principal”)have enteredintoanagreementwherebyPrincipalagreestoinstallandcompletecertaindesignated publicimprovements,whichsaidagreement,dated
_________________,
andidentifiedasproject
Tract20138(WildroseVillage—PrivateStreetandStormDrain),isherebyreferredtoandmade aparthereofand
WHEREAS,saidPrincipalisrequiredunderthetermsofsaidagreementtofurnisha bondforthefaithfulperformanceofsaidagreement.

NOW,THEREFORE,we,thePrincipalandTheContinentalInsuranceCompany,as Surety,areheldandfirmlybounduntotheObligeeinthepenalsumofFiftyTwoThousand EightHundredEightyNineand00/lOOthsDollars($52,889.00),lawfulmoneyoftheUnited States,forthepaymentofwhichsumwellandtrulytobemade,webindourselves,ourheirs, successors,executorsandadministrators,jointlyandseverally,firmlybythesepresents.

TheconditionofthisobligationissuchthatiftheaboveboundedPrincipal,hisorits heirs,executors,administrators,successorsorassigns,shallinallthingsstandtoandabideby, andwellandtrulykeepandperformthecovenants,conditionsandprovisionsinthesaid agreementandanyalterationthereofmadeasthereinprovided,onhisortheirpart,tobekept andperformedatthetimeandinthemannerthereinspecified,andinallrespectsaccordingto theirtrueintentandmeaning,andshallindemnif’andsaveharmlessObligee,itsofficers,agents andemployees,asthereinstipulated,thenthisobligationshallbecomenullandvoid;otherwiseit shallbeandremaininfullforceandeffect.

INWITNESSWHEREOF,thisinstrumenthasbeendulyexecutedbythePrincipaland Suretyabovenamed,onMay29
,2019.
(Principal)(Surety)
RichmondAmericanHomesofTheContinentalInsuranceCompany
Maryland,Inc.

By:______________________By:_________________________
Title:___________________________Title:KathleenK.Freund,Attorney-in-Fact (WildroseVillage(Tr2013$)Colton,CA-PvtStreet&StormDrn($52,889.00)-Perf(CNA))

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Attachment: Attachment A - Bonds for Tract 20138 (3787 : Bonds Release - TM 20138 & TM 20139)

POWEROFATTORNEYAPPOINTINGINDIVIDUALATTORNEY-IN-FACT
KnowAllMenByThesePresents,ThatTheContinentalInsuranceCompany.aPennsylvaniainsurancecompany,isadulyorganizedandexisting insurancecompanyhavingitsprincipalofficeintheCityofChicago,andStateofIllinois,andthatitdoesbyvirtueofthesignatureandsealherein affixedherebymake,constituteandappoint
KathleenKFreund,StacyKillebrew,Individually
ofDenver.CO.itstrueandlawfulAttorney(s)-in-Factwithfullpowerandauthorityherebyconferredtosign,sealandexecuteforandonitsbehalf bonds,undertakingsandotherobligatoryinstrumentsofsimilarnature -InUnlimitedAmounts-
andtobindthemtherebyasfullyandtothesameextentasifstichinstrumentsweresignedbyadulyauthorizedofficeroftheinsurancecompanyandall theactsofsaidAttorney,pursuanttotheauthorityherebygivenisherebyratifiedandconfirmed.

ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityoftheBy-LawandResolutions,printedonthereversehereof,dcily adopted,asindicated,bytheBoardofDirectorsoftheinsurancecompany.

IntVitnessWhereof,TheContinentalInsuranceCompanyhascatisedthesepresentstobesignedbyitsVicePresidentanditscorporatesealtobe heretoaffixedonthis29thdayofFebruary,2016.

TheContinentalInsuranceCompany
PaulatlcePresident
StateofSouthDakota,CountyofMinnehaha,ss:

Onthis29thdayofFebruary,2016,beforemepersonallycamePaulT.Bruflattomeknown,who,beingbymedulysworn,diddeposeandsay:
thatheresidesintheCityofSiouxFalls,StateofSouthDakota;thatheisaVicePresidentofTheContinentalInsuranceCompany,aPennsylvania insurancecompany.describedinandwhichexecutedtheaboveinstrument;thatheknowsthesealofsaidinsurancecompany;thatthesealaffixedtothe saidinstrumentissuchcorporateseal;thatitwassoaffixedpursuanttoauthoritygivenbytheBoardofDirectorsofsaidinsurancecompanyandthathe signedhisnametheretopursuanttolikeauthority,andacknowledgessametobetheactanddeedofsaidinsurancecompany. %7Y2.4t’
MyCommissionExpiresJune23,2021J.MohrNotaryPublic

CERTIFICATE
I,D.Bult,AssistantSecretaryofTheContinentalInsuranceCompany,aPennsylvaniainsurancecompany,doherebycertifythatthePowerof Attorneyhereinabovesetforthisstillinforce,andfurthercertifythattheBy-LawandResolutionoftheBoardofDirectorsoftheinsurancecompany printedonthere‘ershereofisstillinfore.IntestimonywhereofIhavehereuntosubscribedmynameandaffixedthesealofthesaidinsurance companythis
___________
dayof
_______________________,
_______
TheContinentalInsuranceCompany
D.BultAssistantSecretary
FormF6$50-412012

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Attachment: Attachment A - Bonds for Tract 20138 (3787 : Bonds Release - TM 20138 & TM 20139) AuthorizingResolutions
ADOPTEDBYTHEBOARDOfDIRECTORSOFTHECONThsENTALINSURANCECOMPANY:

ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingByLawdulyadoptedbytheBoardofDirectorsof theCompanyatameetingheldonMay10,1995.
“RESOLVED:ThatanyGroupVicePresidentmayauthorizeanofficertosignspecificdocuments,agreementsandinstrumentsonbehalf oftheCompanyprovidedthatthenameofsuchauthorizedofficerandadescriptionofthedocuments,agreementsorinstrumentsthatsuch officermaysignwillbeprovidedinwritingbytheGroupVicePresidenttotheSecretaryoftheCompanypriortosuchexecution becomingeffective.”
ThisPowerofAttorneyissignedbyPaulT.Bniflat,VicePresident,whohasbeenauthorizedpursuanttotheaboveresolutiontoexecutionpowerof attorneysonbehalfofTheContinentalInsuranceCompany.

ThisPowerofAttorneyissignedandsealedbyfacsimileunderandbytheauthorityofthefollowingResolutionadoptedbytheBoardofDirectorsof theCompanybyunanimouswrittenconsentdatedthe25dayofApril,2012:
“Whereas,thebylawsoftheCompanyorspecificresolutionoftheBoardofDirectorshasauthorizedvariousofficers(the“Authorized Officers”)toexecutevariouspolicies,bonds,undertakingsandotherobligatoryinstrumentsoflikenature;and Whereas,fromtimetotime,thesignatureoftheAuthorizedOfficersinadditiontobeingprovidedinoriginal,hardcopyformat,maybe providedviafacsimileorotherwiseinanelectronicformat(collectively,“ElectronicSignatures”);Nowthereforebeitresolved:thatthe ElectronicSignatureofanyAuthorizedOfficershallbevalidandbindingontheCompany.”

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Attachment: Attachment A - Bonds for Tract 20138 (3787 : Bonds Release - TM 20138 & TM 20139) BondNo.30041118

LABORANDMATERIALS
WHEREAS,theCityofColton,California(hereinafterdesignatedas“Obligee”)and RichmondAmericanHomesofMaryland,Inc.(hereinafterdesignatedas“Principal”)have enteredintoanagreementwherebyPrincipalagreestoinstallandcompletecertaindesignated publicimprovements,whichsaidagreement,dated
_______________
andidentifiedasproject
Tract2013$(WildroseVillage—PrivateStreetandStormDrain),isherebyreferredtoandmade aparthereof;and
WHEREAS,underthetermsofsaidagreement,Principalisrequiredbeforeentering upontheperformanceofthework,tofileagoodandsufficientpaymentbondwiththeObligee tosecuretheclaimstowhichreferenceismadeinTitle3(commencingwithSection9000)of Part6ofDivision4oftheCivilCodeoftheStateofCalifornia.

NOW,THEREFORE,saidPrincipalandtheundersignedascorporateSurety,areheld firmlybounduntotheObligeeandallcontractors,subcontractors,laborers,materialsuppliers andotherpersonsemployedintheperformanceoftheaforesaidagreementandreferredtoin Title3(commencingwithSection9000)ofPart6ofDivision4oftheCivilCodeinthesumof TwentySixThousandfourHundredFortyFiveand00/lOOthsDollars($26,445.00),for materialsfurnishedorlaborthereonofanykind,orforamountsdueundertheUnemployment InsuranceActwithrespecttosuchworkorlabor,thatsaidSuretywillpaythesameinanamount notexceedingtheamounthereinabovesetforth,andalsoincasesuitisbroughtuponthisbond, willpay,inadditiontothefaceamountthereof,costsandreasonableexpensesandfees, includingreasonableattorneyTsfees,incurredbyObligeeinsuccessfullyenforcingsuch obligation,tobeawardedandfixedbythecourt,andtobetaxedascostsandtobeincludedin thejudgmentthereinrendered.

Shouldtheconditionofthisbondbefullyperformed,thenthisobligationshallbecome nullandvoid,otherwiseitshallbeandremaininfullforceandeffect.

INWITNESSWhEREOF,thisinstrumenthasbeendulyexecutedbythePrincipaland Suretyabovenamed,onMay29,2019.
(Principal)(Surety)
RichmondAmericanHomesofTheContinentalInsuranceCompany
Maryland,Inc.

By:_____________________By:

Title:__________________________Title:KathleenK.Freund,Attorney-in-Fact (WitdroseVillage(Tr20138)Colton,CA-PvtStreet&StOrmDm($26,445.00)-L&M(CNA))

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Attachment: Attachment A - Bonds for Tract 20138 (3787 : Bonds Release - TM 20138 & TM 20139)

POWEROFATTORNEYAPPOINTINGINDIVIDUALATTORNEY-IN-FACT
KnowAllMenByThesePresents,ThatTheContinentalInsuranceCompany,aPennsylvaniainsurancecompany,isadulyorganizedandexisting insurancecompanyhavingitsprincipalofficeintheCityofChicago,andStateofIllinois,andthatitdoesbyvirtueofthesignatureandsealherein affixedherebymake,constituteandappoint
KathleenKFreund,StacyKillebrew,Individually
ofDenver.CO,itstrueandlawfulAttorney(s)-in-factwithfullpowerandauthorityherebyconferredtosign,sealandexecuteforandonitsbehalf bonds,undertakingsandotherobligatoryinstrumentsofsimilarnature -InUnlimitedAmounts-
andtobindthemtherebyasfullyandtothesameextentasifsuchinstrumentsweresignedbyadulyauthorizedofficeroftheinsurancecompanyandall theactsofsaidAttorney,pursuanttotheauthorityherebygivenisherebyratifiedandconfirmed.

ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityoftheBy-LawandResolutions,printedonthereversehereof,duly adopted.asindicated,bytheBoardofDirectorsoftheinsurancecompany.

IntVitnessWhereof,TheContinentalInsuranceCompanyhascausedthesepresentstobesignedbyitsVicePresidentanditscorporatesealtobe heretoaffixedonthis29thdayofFebruary,2016.

TheContinentalInsuranceCompany
Paul.BruflatVicePresident
StateofSouthDakota,CountyofMinnehaha,ss:

Onthis29thdayofFebruary.2016,beforemepersonallycamePaulT.Bruflattomeknown,who,beingbymcdulysworn,diddeposeandsay:
thatheresidesintheCityofSiouxfalls,StateofSouthDakota;thatheisaVicePresidentofTheContinentalInsuranceCompany,aPennsylvania insurancecompany.describedinandwhichexecutedtheaboveinstrument;thatheknowsthesealofsaidinsurancecompany;thatthesealaffixedtothe saidinstalmentissuchcorporateseal;thatitwassoaffixedpursuanttoauthoritygivenbytheBoardofDirectorsofsaidinsurancecompanyandthathe signedhisnametheretopursuanttolikeauthority,andacknowledgessametobetheactanddeedofsaidinsurancecompany.

MyCommissionExpiresJune23,2021J.MohrNotaryPublic

CERTIFICATE
I,D.Bult,AssistantSecretaryofTheContinentalInsuranceCompany,aPennsylvaniainsurancecompany,doherebycertifythatthePowerof Attorneyhereinabovesetforthisstillinforce,andfurthercertifythattheBy-LawandResolutionoftheBoardofDirectorsoftheinsurancecompany printedonthereersehereofisstillinfore.IntestimonywhereofIhavehereuntosttbscribedmynameandaffixedthesealofthesaidinsurance companythisdayof.
2_O
I
TheContinentalInsuranceCompany
D.Bult
U
FormF6850-412012
AssistantSecretary

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Attachment: Attachment A - Bonds for Tract 20138 (3787 : Bonds Release - TM 20138 & TM 20139) AuthorizingResolutions
ADOPTEDBYTHEBOARDOFDIRECTORSOfTHECONTINENTALINSURANCECOMPANY:

ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-LawdulyadoptedbytheBoardofDirectorsof theCompanyatameetingheldonMay10,1995.
‘RESOLVED:ThatanyGroupVicePresidentmayauthorizeanofficertosignspecificdocuments,agreementsandinstrumentsonbehalf oftheCompanyprovidedthatthenameofsuchauthorizedofficerandadescriptionofthedocuments,agreementsorinstrumentsthatsuch officermaysignwillbeprovidedinwritingbytheGroupVicePresidenttotheSecretaryoftheCompanypriortosuchexecution becomingeffective.”
ThisPowerofAttorneyissignedbyPaulI.Bruflat,VicePresident,whohasbeenauthorizedpursuanttotheaboveresolutiontoexecutionpowerof attorneysonbehalfofTheContinentalInsuranceCompany.

ThisPowerofAttorneyissignedandsealedbyfacsimileunderandbytheauthorityofthefollowingResolutionadoptedbytheBoardofDirectorsof theCompanybyunanimouswrittenconsentdatedthe25t5dayofApril,2012:
“Whereas,thebylawsoftheCompanyorspecificresolutionoftheBoardofDirectorshasauthorizedvariousofficers(the“Authorized Officers”)toexecutevariouspolicies,bonds,undertakingsandotherobligatoryinstrumentsoflikenature;and Whereas,fromtimetotime,thesignatureoftheAuthorizedOfficersinadditiontobeingprovidedinoriginal,hardcopyformat,maybe providedviafacsimileorotherwiseinanelectronicformat(collectively,“ElectronicSignatures”);Nowthereforebeitresolved:thatthe ElectronicSignatureofanyAuthorizedOfficershallbevalidandbindingontheCompany.”

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Attachment: Attachment A - Bonds for Tract 20138 (3787 : Bonds Release - TM 20138 & TM 20139) BondNo.30041117

FAITHFULPERFORMANCE
‘WHEREAS,theCityofColton,California,(hereinaftercalled“Obligee”),and RichmondAmericanHomesofMaryland,Inc.(hereinafterdesignatedas“Principal”)have enteredintoanagreementwherebyPrincipalagreestoinstallandcompletecertaindesignated publicimprovements,whichsaidagreement,dated
_________________,
andidentifiedasproject
Tract20132(WildroseVillage—SanitarySewer),isherebyreferredtoandmadeaparthereof; and
WHEREAS,saidPrincipalisrequiredunderthetermsofsaidagreementtofurnisha bondforthefaithfulperformanceofsaidagreement.

NOW,THEREFORE,we,thePrincipalandTheContinentalInsuranceCompany,as Surety,areheldandfirmlybounduntotheObligeeinthepenalsumofTwentyFiveThousand TwentyTwoand00/1O0thsDollars($25,022.00),lawfulmoneyoftheUnitedStates,forthe paymentofwhichsumwellandtrulytobemade,webindourselves,ourheirs,successors, executorsandadministrators,jointlyandseverally,firmlybythesepresents.

TheconditionofthisobligationissuchthatiftheaboveboundedPrincipal,hisorits heirs,executors,administrators,successorsorassigns,shallinallthingsstandtoandabideby, andwellandtrulykeepandperformthecovenants,conditionsandprovisionsinthesaid agreementandanyalterationthereofmadeasthereinprovided,onhisortheirpart,tobekept andperformedatthetimeandinthemannerthereinspecified,andinallrespectsaccordingto theirtrueintentandmeaning,andshallindemnifyandsaveharmlessObligee,itsofficers,agents andemployees,asthereinstipulated,thenthisobligationshallbecomenullandvoid;otherwiseit shallbeandremaininfullforceandeffect.

INWITNESSWHEREOF,thisinstrumenthasbeendulyexecutedbythePrincipaland Suretyabovenamed,onMay29,2019.
(Principal)(Surety)
RichmondAmericanHomesofTheContinentalInsuranceCompany
Maryland,Inc.

By:______________________By:_________________________
Title:___________________________Title:KathleenK.Freund.Attorney-in-Fact (WlldroseVillage(Tr2013$)Colton,CA-SanSewer($25,022.00)-Perf(CNA))

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Attachment: Attachment A - Bonds for Tract 20138 (3787 : Bonds Release - TM 20138 & TM 20139) POWEROfATTORNEYAPPOINTINGINDIVIDUALATTORNEY-IN-FACT
KnowAllMenByThesePresents,ThatTheContinentalInsuranceCompany,aPennsylvaniainsurancecompany,isadulyorganizedandexisting insurancecompanyhavingitsprincipalofficeintheCityofChicago,andStateofIllinois,andthatitdoesbyvirtueofthesignatureandsealherein affixedherebymake,constituteandappoint
KathleenKFreund,StacyKillebrew,Individually
ofDenver,CO,itstrueandlawfulAttorney(s)-in-Factwithfullpowerandauthorityherebyconferredtosign,sealandexecuteforandonitsbehalf bonds,undertakingsandotherobligatoryinstrumentsofsimilarnature -InUnlimitedAmounts-
andtobindthemtherebyasfullyandtothesameextentasifsuchinstrumentsweresignedbyadulyauthorizedofficeroftheinsurancecompanyandall theactsofsaidAttorney,pursuanttotheauthorityherebygivenisherebyratifiedandconfirmed.

ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityoftheBy-LawandResolutions,printedonthereversehereof,duly adopted.asindicated,bytheBoardofDirectorsoftheinsurancecompany.

InWitnessWhereof,TheContinentalInsuranceCompanyhascausedthesepresentstobesignedbyitsVicePresidentanditscorporatesealtobe heretnaffixedonthis29thdayofFebruary,2016.

TheContinentalInsuranceCompany
Paul.BruflatVicePresident
StateofSouthDakota,CountyofMinnehaha.ss:

Onthis29thdayofFebruary,2016,beforemepersonallycamePaulT.Bruflattomeknown,who,beingbymedulysworn,diddeposeandsay:
thatheresidesintheCityofSiouxFalls,StateofSouthDakota:thatheisaVicePresidentofTheContinentalInsuranceCompany,aPennsylvania insurancecompany.describedinandwhichexecutedtheaboveinstrument;thatheknowsthesealofsaidinsurancecompany;thatthesealaffixedtothe saidinstrumentissuchcorporateseal;thatitwassoaffixedpursuanttoauthoritygivenbytheBoardofDirectorsofsaidinsurancecompanyandthathe signedhisnametheretopursuanttolikeauthority,andacknowledgessametobetheactanddeedofsaidinstirancecompany.

MyCommissionExpiresJune23,2021J.MohrNotaryPublic

CERTIFICATE
t,D.Butt,AssistantSecretaryofTheContinentalInsuranceCompany,aPennsylvaniainsurancecompany,doherebycertifythatthePowerof Attorneyhereinabovesetforthisstillinforce,andfurthercertifythattheBy-LawandResolutionoftheBoardofDirectorsoftheinsurancecompany printedonthereersehereofisstillinfore.IntestimonywhereofIhavehereuntosubscribedmynameandaffixedthesealofthesaidinsurance companythis
____________
dayof
_________________________,
2-0l
TheContinentalInsuranceCompany
D.BultAssistantSecretary
FormF6850-4/20l2

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Attachment: Attachment A - Bonds for Tract 20138 (3787 : Bonds Release - TM 20138 & TM 20139) AuthorizingResolutions
ADOPTEDBYTHEBOARDOFDIRECTORSOFTHECONTINENTALINSURANCECOMPANY:

ThisPowerofAttorneyismadeandexecutedpursuanttoandbeauthorityofthefollowingBy-LawdulyadoptedbytheBoardofDirectorsof theCompanyatameetingheldonMay10,1995.

RESOLVED:ThatanyGroupVicePresidentmayauthorizeanofficertosignspecificdocuments,agreementsandinstrumentsonbehalf oftheCompanyprovidedthatthenameofsuchauthorizedofficerandadescriptionofthedocuments,agreementsorinstrumentsthatsuch officermaysignwillbeprovidedinwritingbytheGroupVicePresidenttotheSecretaryoftheCompanypriortosuchexecution becomingeffective.”
ThisPowerofAttorneyissignedbyPaulT.Bniflat,VicePresident,whohasbeenauthorizedpursuanttotheaboveresolutiontoexecutionpowerof attorneysonbehalfofTheContinentalInsuranceCompany.

ThisPowerofAttorneyissignedandsealedbyfacsimileunderandbytheauthorityofthefollowingResolutionadoptedbytheBoardofDirectorsof theCompanybyunanimouswrittenconsentdatedthe25dayofApril,2012:
“Whereas,thebylawsoftheCompanyorspecificresolutionoftheBoardofDirectorshasauthorizedvariousofficers(the“Authorized Officers”)toexecutevariouspolicies,bonds,undertakingsandotherobligatoryinstrumentsoflikenature;and Whereas,fromtimetotime,thesignatureoftheAuthorizedOfficersinadditiontobeingprovidedinoriginal,hardcopyformat,maybe providedviafacsimileorotherwiseinanelectronicformat(collectively,“ElectronicSignatures”);Nowthereforebeitresolved:thatthe ElectronicSignatureofanyAuthorizedOfficershallbevalidandbindingontheCompany.”

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Attachment: Attachment A - Bonds for Tract 20138 (3787 : Bonds Release - TM 20138 & TM 20139) BondNo.30041117

LABORANDMATERIALS
WhEREAS,theCityofColton,California(hereinafterdesignatedas“Obligee”)and RichmondAmericanHomesofMaryland,Inc.(hereinafterdesignatedas“Principal”)have enteredintoanagreementwherebyPrincipalagreestoinstallandcompletecertaindesignated publicimprovements,whichsaidagreement,dated
_______________
andidentifiedasproject
Tract2013$(WildroseVillage—SanitarySewer),isherebyreferredtoandmadeaparthereof; and
WHEREAS,underthetermsofsaidagreement,Principalisrequiredbeforeentering upontheperformanceofthework,tofileagoodandsufficientpaymentbondwiththeObligee tosecuretheclaimstowhichreferenceismadeinTitle3(commencingwithSection9000)of Part6ofDivision4oftheCivilCodeoftheStateofCalifornia.

NOW,ThEREFORE,saidPrincipalandtheundersignedascorporateSurety,areheld firmlybounduntotheObligeeandallcontractors,subcontractors,laborers,materialsuppliers andotherpersonsemployedintheperformanceoftheaforesaidagreementandreferredtoin Title3(commencingwithSection9000)ofPart6ofDivision4oftheCivilCodeinthesumof TwelveThousandfiveHundredElevenand00/lOOthsDollars($12,511.00),formaterials furnishedorlaborthereonofanykind,orforamountsdueundertheUnemploymentInsurance Actwithrespecttosuchworkorlabor,thatsaidSuretywillpaythesameinanamountnot exceedingtheamounthereinabovesetforth,andalsoincasesuitisbroughtuponthisbond,will pay,inadditiontothefaceamountthereof,costsandreasonableexpensesandfees,including reasonableattorney’sfees,incurredbyObligeeinsuccessfullyenforcingsuchobligation,tobe awardedandfixedbythecourt,andtobetaxedascostsandtobeincludedinthejudgment thereinrendered.

Shouldtheconditionofthisbondbefullyperformed,thenthisobligationshallbecome nullandvoid,otherwiseitshallbeandremaininfullforceandeffect.

TNWITNESSWHEREOF,thisinstrumenthasbeendulyexecutedbythePrincipaland Suretyabovenamed,onMay29,2019.
(Principal)(Surety)
RichmondAmericanHomesofTheContinentalInsuranceCompany
Maryland,Inc.

By:_____________________By:_______________________
Title:__________________________Title:KathleenK.Freund,Attorney-in-Fact (WildroseVillage(Tr20138)Colton,CA-SanSewer($12,511.00)-L&M(CNA))

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Attachment: Attachment A - Bonds for Tract 20138 (3787 : Bonds Release - TM 20138 & TM 20139)

POWEROFATTORNEYAPPOINTINGINDIVIDUALATTORNEY-IN-FACT
KnowAllMenByThesePresents,ThatTheContinentalInsuranceCompany,aPennsylvaniainsurancecompany.isadulyorganizedandexisting insurancecompanyhavingitsprincipalofficeintheCityofChicago,andStateofIllinois.andthatitdoesbyvirtueofthesignatureandsealherein affixedherebymake.constituteandappoint
KathleenKFreund,StacyKillebrew,Individually
ofDenver,CO.itstrueandlawfulAttorney(s)-in-Factwithfullpowerandauthorityherebyconferredtosign,sealandexecuteforandonitsbehalf bonds.undertakingsandotherobligatoryinstrumentsofsimilarnature -InUnlimitedAmounts-
andtobindthemtherebyasfullyandtothesameextentasifsuchinstrumentsweresignedbyadulyauthorizedofficeroftheinsurancecompanyandall theactsofsaidAttorney,pursuanttotheauthorityherebygivenisherebyratifiedandconfirmed.

ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityoftheBy-LawandResolutions,printedonthereversehereof,duly adopted,asindicated,bytheBoardofDirectorsoftheinsurancecompany.

InWitnessWhereof,TheContinentalInsuranceCompanyhascausedthesepresentstobesignedbyitsVicePresidentanditscorporatesealtobe heretoaffixedonthis29thdayofFebruary,2016.

TheContinentalInsuranceCompany
StateofSouthDakota,CountyofMinnehaha.ss:

Onthis29thdayofFebruary.2016,beforemepersonallycamePaulT.Bruflattomeknown,who,beingbymedulysworn,diddeposeandsay:
thatheresidesintheCityofSiotixFalls,StateofSouthDakota;thatheisaVicePresidentofTheContinentalInsuranceCompany,aPennsylvania insurancecompany.describedinandwhichexecutedtheaboveinstrument;thatheknowsthesealofsaidinsurancecompany;thatthesealaffixedtothe saidinstrumentissuchcorporateseal;thatitwassoaffixedpursuanttoauthoritygivenbytheBoardofDirectorsofsaidinsurancecompanyandthathe signedhisnametheretopursuanttolikeauthority,andacknowledgessametobetheactanddeedofsaidinstirancecompany.

MyCommissionExpiresJune23,2021J.MohrNotaryPublic

CERTIFICATE
1,D.Butt,AssistantSecretaryofTheContinentalInsuranceCompany,aPennsylvaniainsurancecompany,doherebycertifythatthePowerof Attorneyhereinabovesetforthisstiltinforce,andfurthercertifythattheBy-LawandResolutionoftheBoardofDirectorsoftheinsurancecompany printedonthereershereofisstillinfore.IntestimonywhereofIhavehereuntosubscribedmynameandaffixedthesealofthesaidinsurance companythis
____________
dayof.Z.üIj
TheContinentalInsuranceCompany
D.ButtAssistantSecretary
FormF6850-4/20l2

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Attachment: Attachment A - Bonds for Tract 20138 (3787 : Bonds Release - TM 20138 & TM 20139) AuthorizingResolutions
ADOPTEDBYTHEBOARDOfDIRECTORSOfThECONTINENTALINSURANCECOMPANY:

ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-LawdulyadoptedbytheBoardofDirectorsof theCompanyatameetingheldonMay10,1995.
“RESOLVED:ThatanyGroupVicePresidentmayauthorizeanofficertosignspecificdocuments,agreementsandinstrumentsonbehalf oftheCompanyprovidedthatthenameofsuchauthorizedofficerandadescriptionofthedocuments,agreementsorinstrumentsthatsuch officermaysignwillbeprovidedinwritingbytheGroupVicePresidenttotheSecretaryoftheCompanypriortosuchexecution becomingeffective.”
ThisPowerofAttorneyissignedbyPaulI.Bruflat,VicePresident,whohasbeenauthorizedpursuanttotheaboveresolutiontoexecutionpowerof attorneysonbehalfofTheContinentalInsuranceCompany.

ThisPowerofAttorneyissignedandsealedbyfacsimileunderandbytheauthorityofthefollowingResolutionadoptedbytheBoardofDirectorsof theCotnpanybyunanimotiswrittenconsentdatedthe25dayofApril,2012:
“Whereas,thebylawsoftheCompanyorspecificresolutionoftheBoardofDirectorshasauthorizedvariousofficers(the“Authorized Officers”)toexecutevariouspolicies,bonds,undertakingsandotherobligatoryinstrumentsoflikenature;and Whereas,fromtimetotime,thesignatureoftheAuthorizedOfficersinadditiontobeingprovidedinoriginal,hardcopyformat,maybe providedviafacsimileorotherwiseinanelectronicformat(collectively,“ElectronicSignatures•);Nowthereforebeitresolved:thatthe ElectronicSignatureofanyAuthorizedOfficershallbevalidandbindingontheCompany.”

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Attachment: Attachment A - Bonds for Tract 20138 (3787 : Bonds Release - TM 20138 & TM 20139) BondNo.30074050

FAITHFULPERFORMANCE
‘WHEREAS,theCityofColton,California,(hereinaftercalled“Obligee”),and RichmondAmericanHomesofMaryland,Inc.(hereinafterdesignatedas“Principal”)have enteredintoanagreementwherebyPrincipalagreestoinstallandcompletecertaindesignated publicimprovements,whichsaidagreement,dated
_________________,
andidentifiedasproject
Tract20138(WildroseVillage—RoughGrading),isherebyreferredtoandmadeaparthereof and
WHEREAS,saidPrincipalisrequiredunderthetermsofsaidagreementtofurnisha bondforthefaithfulperformanceofsaidagreement.

NOW,THEREFORE,we,thePrincipalandTheContinentalInsuranceCompany,as Surety,areheldandfirmlybounduntotheObligeeinthepenalsumofTwentyNineThousand EightHundredSixtyNineand00/lOOthsDollars($29,869.00),lawfulmoneyoftheUnited States,forthepaymentofwhichsumwellandtrulytobemade,webindourselves,ourheirs, successors,executorsandadministrators,jointlyandseverally,firmlybythesepresents.

TheconditionofthisobligationissuchthatiftheaboveboundedPrincipal,hisorits heirs,executors,administrators,successorsorassigns,shallinallthingsstandtoandabideby, andwellandtrulykeepandperformthecovenants,conditionsandprovisionsinthesaid agreementandanyalterationthereofmadeasthereinprovided,onhisortheirpart,tobekept andperformedatthetimeandinthemannerthereinspecified,andinallrespectsaccordingto thefttrueintentandmeaning,andshallindemnifyandsaveharmlessObligee,itsofficers,agents andemployees,asthereinstipulated,thenthisobligationshallbecomenullandvoid;otherwiseit shallbeandremaininfullforceandeffect.

INWITNESSWHEREOF,thisinstrumenthasbeendulyexecutedbythePrincipaland Suretyabovenamed,onMay29,2019.
(Principal)(Surety)
RichmondAmericanHomesofTheContinentalInsuranceCompany
Maryland,Inc.

By:_______________________By:__________________________ Title:___________________________Title:KathleenK.Freund,Attorney-in-Fact (WidroseVillage(Tr20138)Colton,CA-RoughGrading($29,869.00)-Perf(CNA))

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Attachment: Attachment A - Bonds for Tract 20138 (3787 : Bonds Release - TM 20138 & TM 20139) POWEROfATTORNEYAPPOINTINGINDIVIDUALATTORNEY-IN-FACT
KnowAllMenByThesePresents,ThatTheContinentalInsuranceCompany,aPennsylvaniainsurancecompany,isadulyorganizedandexisting insurancecompanyhavingitsprincipalofticeintheCityofChicago,andStateofIllinois,andthatitdoesbyvirtueofthesignatureandsealherein affixedherebymake,constituteandappoint
KathleenKFreund,StacyKillebrew,Individually
ofDenver,CO,itstrueandlawfulAttorney(s)-in-Factwithfullpowerandauthorityherebyconferredtosign,sealandexecuteforandonitsbehalf bonds,undertakingsandotherobligatoryinstrumentsofsimilarnatcire -InUnlimitedAmounts-
andtobindthemtherebyasfullyandtothesameextentasifsuchinstrumentsweresignedbyadulyauthorizedofficeroftheinsurancecompanyandall theactsofsaidAttorney.pursuanttotheauthorityherebygivenisherebyratifiedandconfirmed.

ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityoftheBy-LawandResolutions,printedonthereversehereof,duly adopted.asindicated,bytheBoardofDirectorsoftheinsurancecompany.

InWitnessWhereof,TheContinentaltnsuranceCompanyhascausedthesepresentstobesignedbyitsVicePresidentanditscorporatesealtobe heretoaffixedonthis29thdayofFebruary,2016.

TheContinentalInsuranceCompany
Paul.BruflatVicePresident
StateofSouthDakota,CountyofMinnehaha,ss:

Onthis29thday’ofFebruary’.2016,beforemepersonallycamePaulT.Bwflattomeknotvn,who,beingbymcdulysworn,diddeposeandsay’:
thatheresidesintheCityofSiouxFalls,StateofSouthDakota:thatheisaVicePresidentofTheContinentalInsuranceCompany,aPennsylvania insurancecompany’.describedinandwhichexecutedtheaboveinstrument;thatheknowsthesealofsaidinscirancecompany’;thatthesealaffixedtothe saidinstrumentissuchcorporateseal;thatitwassoaffixedpursuanttoauthoritygivenbytheBoardofDirectorsofsaidinstirancecompanyandthathe signedhisnametheretopursuanttolikeatithorily,andacknowledgessametobetheactanddeedofsaidinsurancecompany.

MyCommissionExpiresJune23,2021J.MohrNotaryPublic

CERTIFICATE
I,D.Bull,AssistantSecretaryofTheContinentalInsuranceCompany,aPennsylvaniainsurancecompany,doherebycertifythatthePowerof Attorney’hereinabovesetforthisstiltinforce,andfurthercertifythattheBy-LawandResolutionoftheBoardofDirectorsoftheinsurancecompany printedonthereersehereofisstillinfore.Intestimony’whereofIhavehereuntosttbscribedmynameandaffixedthesealofthesaidinsurance companythis1.11iday’of\Jli2i,ZoV)
TheContinentalInsuranceCompany
_¶c::

D%JJ%Q±
D.Butt
FormF6850-4/2012
AssistantSecretary

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Attachment: Attachment A - Bonds for Tract 20138 (3787 : Bonds Release - TM 20138 & TM 20139) Authorizing
Resolutions
ADOPTEDBYIKEBOARDOfDIRECTORSOFThECONTFNENTALINSURANCECOMPANY:

ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-LawdulyadoptedbytheBoardofDirectorsof theCompanyatameetingheldonMay10,1995.
“RESOLVED:ThatanyGroupVicePresidentmayauthorizeanofficertosignspecificdoctiments,agreementsandinstrumentsonbehalf oftheCompanyprovidedthatthenameofsuchauthorizedofficerandadescriptionofthedocuments,agreementsorinstrumentsthatsuch officermaysignwillbeprovidedinwritingbytheGroupVicePresidenttotheSecretaryoftheCompanypriortosuchexecution becomingeffective.”
ThisPowerofAttorneyissignedbyPaulT.Bruflat,VicePresident,whohasbeenauthorizedpursuanttotheaboveresolutiontoexectitionpowerof attorneysonbehalfofTheContinentalInsuranceCompany.

ThisPowerofAttorneyissignedandsealedbyfacsimileunderandbytheauthorityofthefollowingResolutionadoptedbytheBoardofDirectorsof theCompanybyunanimouswrittenconsentdatedthe
25UI
dayofApril,2012:
“Whereas,thebylawsoftheCompanyorspecificresolutionoftheBoardofDirectorshasauthorizedvariousofficers(the“Authorized Officers”)toexecutevariouspolicies,bonds,undertakingsandotherobligatoryinstrumentsoflikenature;and Whereas,fromtimetotime,thesignatureoftheAuthorizedOfficersinadditiontobeingprovidedinoriginal,hardcopyformat,maybe providedviafacsimileorotherwiseinanelectronicformat(collectively,“ElectronicSignatures”);Nowthereforebeitresolved:thatthe ElectronicSignatureofanyAuthorizedOfficershallbevalidandbindingontheCompany.”

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Attachment: Attachment A - Bonds for Tract 20138 (3787 : Bonds Release - TM 20138 & TM 20139) BondNo.30074050

LABORANDMATERIALS
WHEREAS,theCityofColton,California(hereinafterdesignatedas“Obligee”)and RichmondAmericanHomesofMaryland,Inc.(hereinafterdesignatedas“Principal”)have enteredintoanagreementwherebyPrincipalagreestoinstallandcompletecertaindesignated publicimprovements,whichsaidagreement,dated
_______________
andidentifiedasproject
Tract2013$(WildroseVillage—RoughGrading),isherebyreferredtoandmadeaparthereof and
‘WHEREAS,underthetermsofsaidagreement,Principalisrequiredbeforeentering upontheperformanceofthework,tofileagoodandsufficientpaymentbondwiththeObligee tosecuretheclaimstowhichreferenceismadeinTitle3(commencingwithSection9000)of Part6ofDivision4oftheCivilCodeoftheStateofCalifornia.

NOW,THEREFORE,saidPrincipalandtheundersignedascorporateSurety,areheld firmlybounduntotheObligeeandallcontractors,subcontractors,laborers,materialsuppliers andotherpersonsemployedintheperformanceoftheaforesaidagreementandreferredtoin Title3(commencingwithSection9000)ofPart6ofDivision4oftheCivilCodeinthesumof FourteenThousandNineHundredThirtyFiveand00/lOOthsDollars($14,935.00),formaterials furnishedorlaborthereonofanykind,orforamountsdueundertheUnemploymentInsurance Actwithrespecttosuchworkorlabor,thatsaidSuretywillpaythesameinanamountnot exceedingtheamounthereinabovesetforth,andalsoincasesuitisbroughtuponthisbond,will pay,inadditiontothefaceamountthereof,costsandreasonableexpensesandfees,including reasonableattorneysfees,incurredbyObligeeinsuccessfullyenforcingsuchobligation,tobe awardedandfixedbythecourt,andtobetaxedascostsandtobeincludedinthejudgment thereinrendered.

Shouldtheconditionofthisbondbefullyperformed,thenthisobligationshallbecome nullandvoid,otherwiseitshallbeandremaininfullforceandeffect.

INWITNESSWHEREOF,thisinstrumenthasbeendulyexecutedbythePrincipaland Suretyabovenamed,onMay29,2019.
(Principal)(Surety)
RichmondAmericanHomesofTheContinentalInsuranceCompany
Maryland,Inc.

By:_____________________By:_______________________
Title:_________________________Title:KathleenK.Freund,Attorney-in-Fact (WildroseVillage(Tt20138)Colton,CA-RoughGrading(514,4935.00)-L&M(CNA))

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Attachment: Attachment A - Bonds for Tract 20138 (3787 : Bonds Release - TM 20138 & TM 20139) POWEROfATTORNEYAPPOINTINGINDIVIDUALATTORNEY-IN-FACT
KnowAllMenByThesePresents,ThatTheContinentalInsuranceCompany,aPennsylvaniainsurancecompany,isadulyorganizedandexisting insurancecompanyhavingitsprincipalofficeintheCityofChicago,andStateofIllinois,andthatitdoesbyvirtueofthesignatureandsealherein affixedherebymake,constituteandappoint
KathleenKFreund,StacyKillebretv,Individually
ofDenver.CO.itstrueandlawfulAttorney(s)-in-Factwithfullpowerandauthorityherebyconferredtosign,sealandexecuteforandonitsbehalf bonds,undertakingsandotherobligatoryinstrumentsofsimilarnature -InUnlimitedAmounts-
andtobindthemtherebyasfullyandtothesameextentasifstichinstrumentsweresignedbyadulyauthorizedofficeroftheinsurancecompanyandall theactsofsaidAttorney,pursuanttotheauthorityherebygivenisherebyratifiedandconfirmed.

ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityoftheBy-LawandResolutions,printedonthereversehereof,duly adopted,asindicated,bytheBoardofDirectorsoftheinsurancecompany.

IntVitnessWhereof,TheContinentalInsuranceCompanyhascausedthesepresentstobesignedbyitsVicePresidentanditscorporatesealtobe heretoaffixedonthis29thdayofFebruary,2016.

TheContinentalInsuranceCompany
Paulcresident
StateofSouthDakota,CountyofMinnehaha,ss:

Onthis29thdayofFebruary,2016,beforemepersonallycamePaulT.Bruflattomeknown,who,beingbymedulysworn,diddeposeandsay:
thatheresidesintheCityofSiouxFalls.StateofSouthDakota:thatheisaVicePresidentofTheContinentalInsuranceCompany,aPennsylvania insurancecompany.describedinandwhichexecutedtheaboveinstrument:thatheknowsthesealofsaidinsurancecompany;thatthesealaffixedtothe saidinstrumentissuchcorporateseal:thatitwassoaffixedpursuanttoauthoritygivenbytheBoardofDirectorsofsaidinsurancecompanyandthathe signedhisnametheretopursuanttolikeauthority,andacknowledgessametobetheactanddeedofsaidinsurancecompany.

MyCommissionExpiresJune23,2021J.MohrNotaryPublic

CERTIFICATE
I,D.Bult,AssistantSecretaryofTheContinentalInsuranceCompany,aPennsylvaniainsurancecompany,doherebycertifythatthePowerof Attorneyhereinabovesetforthisstillinforce,andfurthercertifythattheBy-LawandResolutionoftheBoardofDirectorsoftheinsurancecompany printedonthereersehereofisstillinfore.IntestimonywhereofIhavehereuntosubscribedmynameandaffixedthesealofthesaidinsurance companythis
____________
dayof,
2ü
V
TheContinentalInsuranceCompany
D.BultAssistantSecretary
Formf6850-4/2012

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Attachment: Attachment A - Bonds for Tract 20138 (3787 : Bonds Release - TM 20138 & TM 20139) AuthorizingResolutions
ADOPTEDBYTHEBOARDOfDIRECTORSOFTHECONTE’ENTALINSURANCECOMPANY:

ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-Lay,dulyadoptedbytheBoardofDirectorsof theCompanyatameetingheldonMay10,1995.
‘RESOLVED:ThatanyGroupVicePresidentmayauthorizeanofficertosignspecificdocuments,agreementsandinstrtimentsonbehalf oftheCompanyprovidedthatthenameofsuchauthorizedofficerandadescriptionofthedocuments,agreementsorinstrumentsthatsuch officermaysignwillbeprovidedinwritingbytheGroupVicePresidenttotheSecretaryoftheCompanypriortosuchexecution becomingeffective.”
ThisPowerofAttorneyissignedbyPaulT.Bniflat,VicePresident,whohasbeenauthorizedpursuanttotheaboveresolutiontoexecutionpowerof attorneysonbehalfofTheContinentalInsuranceCompany.

ThisPowerofAttorneyissignedandsealedbyfacsimileunderandbytheauthorityofthefollowingResolutionadoptedbytheBoardofDirectorsof theCompanybyunanimouswrittenconsentdatedthe2SdayofApril,2012:
“Whereas,thebylawsoftheCompanyorspecificresolutionoftheBoardofDirectorshasauthorizedvariottsofficers(the“Authorized Officers”)toexecutevariouspolicies,bonds,undertakingsandotherobligatoryinstrumentsoflikenature;and Whereas,fromtimetotime,thesignatureoftheAuthorizedOfficersinadditiontobeingprovidedinoriginal,hardcopyformat,maybe providedviafacsimileorotherwiseinanelectronicformat(collectively,“ElectronicSignatures”);Nowthereforebeitresolved:thatthe ElectronicSignatureofanyAtithorizedOfficershallbevalidandbindingontheCompany.”

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Attachment: Attachment A - Bonds for Tract 20138 (3787 : Bonds Release - TM 20138 & TM 20139) BondNo.30074053

FAITHFULPERFORMANCE
WHEREAS,theCityofColton,California,(hereinaftercalled“Obligee”),and RichmondAmericanHomesofMaryland,Inc.(hereinafterdesignatedas“Principal”)have enteredintoanagreementwherebyPrincipalagreestoinstallandcompletecertaindesignated publicimprovements,whichsaidagreement,dated
_________________,
andidentifiedasproject
Tract20139(WildroseVillage—PublicStreetandStormDrain),isherebyreferredtoandmade aparthereof;and
WHEREAS,saidPrincipalisrequiredunderthetermsofsaidagreementtofurnisha bondforthefaithfulperformanceofsaidagreement.

NOW,THEREFORE,we,thePrincipalandTheContinentalInsuranceCompany,as Surety,areheldandfirmlybounduntotheObligeeinthepenalsumofSeventyTwoThousand FourHundredEightand00/lOOthsDollars($72,408.00),lawfulmoneyoftheUnitedStates,for thepaymentofwhichsumwellandtrulytobemade,webindourselves,ourheirs,successors, executorsandadministrators,jointlyandseverally,firmlybythesepresents.

TheconditionofthisobligationissuchthatiftheaboveboundedPrincipal,hisorits heirs,executors,administrators,successorsorassigns,shallinallthingsstandtoandabideby, andwellandtrulykeepandperformthecovenants,conditionsandprovisionsinthesaid agreementandanyalterationthereofmadeasthereinprovided,onhisortheirpart,tobekept andperformedatthetimeandinthemannerthereinspecified,andinallrespectsaccordingto theirtrueintentandmeaning,andshallindemnifyandsaveharmlessObligee,itsofficers,agents andemployees,asthereinstipulated,thenthisobligationshallbecomenullandvoid;otherwiseit shallbeandremaininfullforceandeffect.

INWITNESSWHEREOF,thisinstrumenthasbeendulyexecutedbythePrincipaland Suretyabovenamed,onMay29,2019.
(Principal)(Surety)
RichmondAmericanHomesofTheContinentalInsuranceCompany
Maryland,Inc.

By:______________________By:_________________________
Title:__________________________Title:KathleenK.Freund,Attorney-in-Fact (WildroseVillage(Tr20139)Colton,CA-PublicStreet&StormDm($72,408.00)-Perf(CNA))

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Attachment: Attachment B - Bonds for Tract 20139 (3787 : Bonds Release - TM 20138 & TM 20139)

POWEROFATTORNEYAPPOINTINGINDIVIDUALATTORNEY-IN-FACT
KnowAllMenByThesePresents,ThatTheContinentalInsuranceCompany,aPennsylvaniainsurancecompany,isadulyorganizedandexisting insurancecompanyhavingitsprincipalofficeintheCityofChicago,andStateofIllinois.andthatitdoesbyvirtueofthesignatureandsealherein affixedherebymake,constituteandappoint
KathleenKFreund,StacyKillebrew,Individually
ofDenver.CO,itstrueandlawfulAttorney(s)-in-Factwithfullpowerandauthorityherebyconferredtosign,sealandexecuteforandonitsbehalf bonds,undertakingsandotherobligatoryinstrumentsofsimilarnature -InUnlimitedAmounts-
andtobindthemtherebyasfullyandtothesameextentasifsuchinstrumentsweresignedbyadulyauthorizedofficeroftheinsurancecompanyandall theactsofsaidAttorney,pursuanttotheauthorityherebygivenisherebyratifiedandconfirmed.

ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityoftheBy-LawandResolutions,printedontherevcrsehereof,duly adopted.asindicated,bytheBoardofDirectorsoftheinsurancecompany.

InWitnessWhereof,TheContinentalInsuranceCompanyhascausedthesepresentstobesignedbyitsVicePresidentanditscorporatesealtobe heretoaffixedonthis29thdayofFebruary,2016.

TheContinentalInsuranceCompany
PaulPresident
StateofSocithDakota,CountyofMinnehaha,ss:

Onthis29thdayofFebruary,2016,beforemepersonallycamePaulT.BrLLflattomeknown,who,beingbyrnedulysworn,diddeposeandsay:
thatheresidesintheCityofSiouxFalls,StateofSouthDakota;thatheisaVicePresidentofTheContinentalInsuranceCompany,aPennsylvania insurancecompany.describedinandwhichexecutedtheaboveinstrument;thatheknowsthesealofsaidinsurancecompany;thatthesealaffixedtothe saidinstrumentissuchcorporateseal;thatitwassoaffixedpursuanttoauthoritygivenbytheBoardofDirectorsofsaidinsurancecompanyandthathe signedhisnametheretopursuanttolikeauthority,andacknowledgessametobetheactanddeedofsaidinstirancecompany.

MyCommissionExpiresJune23,2021J.MohrNotaryPublic

CERTIFICATE
I,D.Bult,AssistantSecretaryofTheContinentalInsuranceCompany,aPennsylvaniainsurancecompany,doherebycertifythatthePowerof Attorneyhereinabovesetforthisstillinforce,andfurthercertifythattheBy-LawandResolutionoftheBoardofDirectorsoftheinsuraHcecompany printedonthere‘ersehereofisstillinfore.IntestimonywhereofIhavehereuntosubscribedmynameandaffixedthesealofthesaidinsurance companythis-‘hdayoL,
2_u
l
TheContinentalInsuranceCompany
D.Bult
FormF6850-4/2012
AssistantSecretary

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Attachment: Attachment B - Bonds for Tract 20139 (3787 : Bonds Release - TM 20138 & TM 20139) AuthorizingResolutions
ADOPTEDBYTHEBOARDOFDIRECTORSOfTHECONTJNENTALINSURANCECOMPANY:

ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-LawdulyadoptedbytheBoardofDirectorsof theCompanyatameetingheldonMay10,1995.
“RESOLVED:ThatanyGroupVicePresidentmayauthorizeanofficertosignspecificdocuments,agreementsandinstrumentsonbehalf oftheCompanyprovidedthatthenameofsuchauthorizedofficerandadescriptionofthedocuments,agreementsorinstrumentsthatsuch officermaysignwillbeprovidedinwritingbytheGroupVicePresidenttotheSecretaryoftheCompanypriortosuchexecution becomingeffective.”
ThisPowerofAttorneyissignedbyPaulT.Bruflat,VicePresident.whohasbeenauthorizedpursuanttotheaboveresolutiontoexecutionpowerof attorneysonbehalfofTheContinentalInsuranceCompany.

ThisPowerofAttorneyissignedandsealedbyfacsimileunderandbytheauthorityofthefollowingResolutionadoptedbytheBoardofDirectorsof theCompanybyunanimouswrittenconsentdatedthe255dayofApril,2012:
“Whereas,thebylawsoftheCompanyorspecificresolutionoftheBoardofDirectorshasatithorizedvariousofficers(the“Authorized Officers”)toexecutevariouspolicies,bonds,undertakingsandotherobligatoryinstrumentsoflikenature;and Whereas,fromtimetotime,thesignatureoftheAuthorizedOfficersinadditiontobeingprovidedinoriginal,hardcopyformat,mayhe providedviafacsimileorotherwiseinanelectronicformat(collectively,“ElectronicSignatures”);Nowthereforebeitresolved:thatthe ElectronicSignatureofanyAuthorizedOfficershallbevalidandbindingontheCompany.”

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Attachment: Attachment B - Bonds for Tract 20139 (3787 : Bonds Release - TM 20138 & TM 20139) BondNo.30074053

LABORANDMATERIALS
WHEREAS,theCityofColton,California(hereinafterdesignatedas“Obligee”)and RichmondAmericanHomesofMaryland,Inc.(hereinafterdesignatedas“Principal”)have enteredintoanagreementwherebyPrincipalagreestoinstallandcompletecertaindesignated publicimprovements,whichsaidagreement,dated
_______________
andidentifiedasproject
Tract20139(WildroseVillage—PublicStreetandStormDrain),isherebyreferredtoandmade aparthereof;and
WHEREAS,underthetermsofsaidagreement,Principalisrequiredbeforeentering upontheperformanceofthework,tofileagoodandsufficientpaymentbondwiththeObligee tosecuretheclaimstowhichreferenceismadeinTitle3(commencingwithSection9000)of Part6ofDivision4oftheCivilCodeoftheStateofCalifornia.

NOW,THEREFORE,saidPrincipalandtheundersignedascorporateSurety,areheld firmlybounduntotheObligeeandallcontractors,subcontractors,laborers,materialsuppliers andotherpersonsemployedintheperformanceoftheaforesaidagreementandreferredtoin Title3(commencingwithSection9000)ofPart6ofDivision4oftheCivilCodeinthesumof ThirtySixThousandTwoHundredFourand00/lOOthsDollars($36,204.00),formaterials ftimishedorlaborthereonofanykind,orforamountsdueundertheUnemploymentInsurance Actwithrespecttosuchworkorlabor,thatsaidSuretywillpaythesameinanamountnot exceedingtheamounthereinabovesetforth,andalsoincasesuitisbroughtuponthisbond,will pay,inadditiontothefaceamountthereofcostsandreasonableexpensesandfees,including reasonableattorney’sfees,incurredbyObligeeinsuccessfullyenforcingsuchobligation,tobe awardedandfixedbythecourt,andtobetaxedascostsandtobeincludedinthejudgment thereinrendered.

Shouldtheconditionofthisbondbefullyperformed,thenthisobligationshallbecome nullandvoid,otherwiseitshallbeandremaininfullforceandeffect.

INWITNESSWHEREOF,thisinstrumenthasbeendulyexecutedbythePrincipaland Suretyabovenamed,onMay29,2019.
(Principal)(Surety)
RichmondAmericanHomesofTheContinentalInsuranceCompany
Maryland,Inc.

By:______________________By:________________________
Title:__________________________Title:KathleenK.Freund,Attorney-in-Fact (WildroseVillage(Tr20139)Cotton,CA-PublicStreet&StormDm($36,204.00)-L&M(CNA))

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Attachment: Attachment B - Bonds for Tract 20139 (3787 : Bonds Release - TM 20138 & TM 20139) POWEROfATTORNEYAPPOINTINGINDIVIDUALAITORNEY-IN-FACT
KnowAllMenByThesePresents,ThatTheContinentalInsuranceCompany,aPennsylvaniainsurancecompany,isadulyorganizedandexisting insurancecompanyhavingitsprincipalofficeintheCityofChicago,andStateofIllinois,andthatitdoesbyvirtueofthesignatureandsealherein affixedherebymake,constituteandappoint
KathleenKFreund,StacyKillebrew,Individually
ofDenver.CO,itstrueandlawfulAttorney(s)-in-Factwithfullpowerandauthorityherebyconferredtosign,sealandexecuteforandonitsbehalf bonds,undertakingsandotherobligatoryinstrumentsofsimilarnature -InUnlimitedAmounts-
andtobindthemtherebyasfullyandtothesameextentasifstichinstrumentsweresignedbyadulyauthorizedofficeroftheinsurancecompanyandall theactsofsaidAttorney,pursuanttotheauthorityherebygivenisherebyratifiedandconfirmed.

ThisPowerofAttorneyismadeandexecutedpclrsuanttoandbyauthorityoftheBy-LawandResoltitions,printedonthereversehereof,duly adopted.asindicated,bytheBoardofDirectorsoftheinsurancecompany.

IntVitnessWhereof,TheContinentalInsuranceCompanyhascausedthesepresentstobesignedbyitsVicePresidentanditscorporatesealtobe heretoaffixedonthis29thdayofFebruary,2016.

TheContinentalInsuranceCompany
StateofSouthDakota,CountyofMinnehaha,ss:

Onthis29thdayofFebruary.2016,beforemepersonallycamePaulT.Bruflattomeknown,who,beingbymedulysworn,diddeposeandsay:
thatheresidesintheCityofSiouxFalls,StateofSouthDakota;thatheisaVicePresidentofTheContinentalInsuranceCompany,aPennsylvania insurancecompany.describedinandwhichexecutedtheaboveinstrument;thatheknowsthesealofsaidinsurancecompany;thatthesealaffixedtothe saidinstalmentissuchcorporateseal;thatitwassoaffixedpursuanttoauthoritygivenbytheBoardofDirectorsofsaidinsurancecompanyandthathe signedhisnametheretopursuanttolikeauthority,andacknowledgessametobetheactanddeedofsaidinsurancecompany.

MyCommissionExpiresJune23,2021J.MohrNotaryPublic

CERTIFICATE
1,D.Bult,AssistantSecretaryofTheContinentalInsuranceCompany,aPennsylvaniainsurancecompany,doherebycertifythatthePowerof Attorneyhereinabovesetforthisstillinforce,andfurthercertifythattheBy-LawandResolutionoftheBoardofDirectorsoftheinsurancecompany printedonthere‘ersehereofisstillinfor-c.IntestimonywhereofIhavehereuntostibscribedmynameandaffixedthesealofthesaidinsurance companythisdayof.
2-p
lj
TheContinentalInsuranceCompany
D.Bult
FormF6$50-4/2012
AssistantSecretary

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Attachment: Attachment B - Bonds for Tract 20139 (3787 : Bonds Release - TM 20138 & TM 20139) AuthorizingResolutions
ADOPTEDBYTHEBOARDOfDIRECTORSOfTHECONTINENTALINSURANCECOMPANY:

ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-LawdulyadoptedbytheBoardofDirectorsof theCompanyatameetingheldonMay10,1995.
“RESOLVED:ThatanyGroupVicePresidentmayauthorizeanofficertosignspecificdocciments,agreementsandinstnimentsonbehalf oftheCompanyprovidedthatthenameofsuchauthorizedofficerandadescriptionofthedocuments,agreementsorinstrumentsthatsuch officermaysignwillbeprovidedinwritingbytheGroupVicePresidenttotheSecretaryoftheCompanypriortosuchexecution becomingeffective.”
ThisPowerofAttorneyissignedbyPaulT.Bniflat,VicePresident,whohasbeenauthorizedpursuanttotheaboveresolutiontoexecutionpowerof attorneysonbehalfofTheContinentalInsuranceCompany.

ThisPowerofAttorneyissignedandsealedbyfacsimileunderandbytheauthorityofthefollowingResolutionadoptedbytheBoardofDirectorsof theCompanybyunanimouswrittenconsentdatedthe25t5dayofApril,2012:
“Whereas,thebylawsoftheCompanyorspecificresolutionoftheBoardofDirectorshasauthorizedvariousofficers(the“Authorized Officers”)toexecutevariouspolicies,bonds,undertakingsandotherobligatoryinstrumentsoflikenature;and Whereas,fromtimetotime,thesignatureoftheAuthorizedOfficersinadditiontobeingprovidedinoriginal,hardcopyformat,maybe providedviafacsimileorotherwiseinanelectronicformat(collectively,“ElectronicSignatures”);Nowthereforebeitresolved:thatthe ElectronicSignatureofanyAuthorizedOfficershallbevalidandbindingontheCompany.”

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Attachment: Attachment B - Bonds for Tract 20139 (3787 : Bonds Release - TM 20138 & TM 20139) BondNo.30074052

FAITHFULPERFORMANCE
WHEREAS,theCityofColton,California,(hereinaftercalled“Obligee”),and RichmondAmericanHomesofMaryland,Inc.(hereinafterdesignatedas“Principal”)have enteredintoanagreementwherebyPrincipalagreestoinstallandcompletecertaindesignated publicimprovements,whichsaidagreement,dated
_________________,
andidentifiedasproject
Tract20139(WildroseVillage—PrivateStreetandStormDrain),isherebyreferredtoandmade aparthereofand
WHEREAS,saidPrincipalisrequiredunderthetermsofsaidagreementtofurnisha bondforthefaithfulperformanceofsaidagreement.

NOW,THEREFORE,we,thePrincipalandTheContinentalInsuranceCompany,as Surety,areheldandfmnlybounduntotheObligeeinthepenalsumofTwoHundredFourteen ThousandNineHundredSeventyOneand00/lOOthsDollars($214,971.00),lawfulmoneyofthe UnitedStates,forthepaymentofwhichsumwellandtrulytobemade,webindourselves,our heirs,successors,executorsandadministrators,jointlyandseverally,firmlybythesepresents.

TheconditionofthisobligationissuchthatiftheaboveboundedPrincipal,hisorits heirs,executors,administrators,successorsorassigns,shallinallthingsstandtoandabideby, andwellandtrulykeepandperformthecovenants,conditionsandprovisionsinthesaid agreementandanyalterationthereofmadeasthereinprovided,onhisortheirpart,tobekept andperformedatthetimeandinthemannerthereinspecified,andinallrespectsaccordingto theirtrueintentandmeaning,andshallindemnifyandsaveharmlessObligee,itsofficers,agents andemployees,asthereinstipulated,thenthisobligationshallbecomenullandvoid;otherwiseit shallbeandremaininfullforceandeffect.

INWITNESSWHEREOF,thisinstrumenthasbeendulyexecutedbythePrincipaland Suretyabovenamed,onMay29,2019.
(Principal)(Surety)
RichmondAmericanHomesofTheContinentalInsuranceCompany
Maryland,Inc.

By:______________________By:_________________________
Title:___________________________Title:KathleenK.Freund,Attorney-in-Fact (WildroseVillage(Tr20139)Colton,CA-PvtStreet&StormDm($214,971.00)-Perf(CNA))

5.b
Packet Pg. 223
Attachment: Attachment B - Bonds for Tract 20139 (3787 : Bonds Release - TM 20138 & TM 20139)

POWEROFATTORNEYAPPOINTINGINDIVIDUALATTORNEY-IN-FACT
KnowAllMenByThesePresents,ThatTheContinentalInsuranceCompany.aPennsylvaniainsurancecompany,isadulyorganizedandexisting insurancecompanyhavingitsprincipalofficeintheCityofChicago,andStateofIllinois,andthatitdoesbyvirtueofthesignatureandsealherein affixedherebymake,constituteandappoint
KathleenKFreund,StacyKillebrew,Individually
ofDenver.CO.itstrueandlawfulAttorney(s)-in-Factwithfullpowerandatithorityherebyconferredtosign,sealandexecuteforandonitsbehalf bonds,undertakingsandotherobligatoryinstrumentsofsimilarnature -InUnlimitedAmounts-
andtobindthemtherebyasfullyandtothesameextentasifsuchinstrumentsweresignedbyadulyauthorizedofficeroftheinsurancecompanyandall theactsofsaidAttorney,pursuanttotheauthorityherebygivenisherebyratifiedandconfirmed.

ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityoftheBy-LawandResolutions,printedonthereversehereof,duly adopted.asindicated,bytheBoardofDirectorsoftheinsurancecompany.

IntVitnessWhereof,TheContinentalInsuranceCompanyhascausedthesepresentstobesignedbyitsVicePresidentanditscorporatesealtobe heretoaffixedonthis29thdayofFebruary,2016.

TheContinentalInsuranceCompany
Brnflaicresident
StateofSouthDakota,CountyofMinnehaha,ss:

Onthis29thdayofFebruary,2016,beforemepersonallycamePaulT.Bruflattomeknown,who,beingbymedulysworn,diddeposeandsay:
thatheresidesintheCityofSiouxFalls,StateofSouthDakota:thatheisaVicePresidentofTheContinentalInsuranceCompany,aPennsylvania insurancecompany.describedinandwhichexecutedtheaboveinstrument:thatheknowsthesealofsaidinsurancecompany;thatthesealaffixedtothe saidinstrumentissuchcorporateseal;thatitwassoaffixedpursuanttoauthoritygivenbytheBoardofDirectorsofsaidinsurancecompanyandthathe signedhisnametheretopursuanttolikeauthority,andacknowledgessametobetheactanddeedofsaidinsurancecompany.

MyCommissionExpiresJune23,2021J.MohrNotaryPublic

CERTIFICATE
I,D.Bolt,AssistantSecretaryofTheContinentalInsuranceCompany,aPennsylvaniainsurancecompany,doherebycertifythatthePowerof Attorneyhereinabovesetforthisstillinforce,andfurthercertifythattheBy-LawandResolutionoftheBoardofDirectorsoftheinsurancecompany printedonthereersehereofisstillinfore.IntestimonywhereofIhavehereuntosubscribedmynameandaffixedthesealofthesaidinsurance companythis
___________
dayof,
2_C
Il
TheContinentalInsuranceCompany
D.Bult
FormF6850-4/2012
AssistantSecretary

5.b
Packet Pg. 224
Attachment: Attachment B - Bonds for Tract 20139 (3787 : Bonds Release - TM 20138 & TM 20139) AuthorizingResolutions
ADOPTEDBYTHEBOARDOFDIRECTORSOFThECONTU’ENTALINSURANCECOMPANY:

ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-LawdulyadoptedbytheBoardofDirectorsof theCompanyatameetingheldonMay10,1995.
“RESOLVED:ThatanyGroupVicePresidentmayauthorizeanofficertosignspecificdocuments,agreementsandinstrumentsonbehalf oftheCompanyprovidedthatthenameofsuchauthorizedofficerandadescriptionofthedocuments,agreementsorinstrumentsthatsuch officermaysigntvillbeprovidedintvritingbytheGroupVicePresidenttotheSecretaryoftheCompanypriortosuchexecution becomingeffective.”
ThisPowerofAttorneyissignedbyPaulT.Bniflat,VicePresident,whohasbeenauthorizedpursuanttotheaboveresolutiontoexecutionpowerof attorneysonbehalfofTheContinentalInsuranceCompany.

ThisPowerofAttorneyissignedandsealedbyfacsimileunderandbytheauthorityofthefollowingResolutionadoptedbytheBoardofDirectorsof theCompanybyunanimouswrittenconsentdatedthe2515dayofApril,2012:
“Whereas,thebylawsoftheCompanyorspecificresolutionoftheBoardofDirectorshasauthorizedvariousofficers(the“Authorized Officers”)toexecutevariouspolicies,bonds,undertakingsandotherobligatoryinstrumentsoflikenature;and Whereas,fromtimetotime.thesignatureoftheAuthorizedOfficersinadditiontobeingprovidedinoriginal,hardcopyformat,maybe providedviafacsimileorotherwiseinanelectronicformat(collectively,“ElectronicSignatures”);Nowthereforebeitresolved:thatthe ElectronicSignatureofanyAuthorizedOfficershallbevalidandbindingontheCompany.”

5.b
Packet Pg. 225
Attachment: Attachment B - Bonds for Tract 20139 (3787 : Bonds Release - TM 20138 & TM 20139) BondNo.30074052

LABORANDMATERIALS
WhEREAS,theCityofColton,California(hereinafterdesignatedas“Obligee”)and RichmondAmericanHomesofMaryland,Inc.(hereinafterdesignatedas“Principal”)have enteredintoanagreementwherebyPrincipalagreestoinstallandcompletecertaindesignated publicimprovements,whichsaidagreement,dated
_______________
andidentifiedasproject
Tract20139(WildroseVillage—PrivateStreetandStormDrain),isherebyreferredtoandmade aparthereof;and
WhEREAS,underthetermsofsaidagreement,Principalisrequiredbeforeentering upontheperformanceofthework,tofileagoodandsufficientpaymentbondwiththeObligee tosecuretheclaimstowhichreferenceismadeinTitle3(commencingwithSection9000)of Part6ofDivision4oftheCivilCodeoftheStateofCalifornia.

NOW,THEREFORE,saidPrincipalandtheundersignedascorporateSurety,areheld firmlybounduntotheObligeeandallcontractors,subcontractors,laborers,materialsuppliers andotherpersonsemployedintheperformanceoftheaforesaidagreementandreferredtoin Title3(commencingwithSection9000)ofPart6ofDivision4oftheCivilCodeinthesumof OneHundredSevenThousandFourHundredEightySixand00/lOOthsDollars($107,486.00), formaterialsfurnishedorlaborthereonofanykind,orforamountsdueunderthe UnemploymentInsuranceActwithrespecttosuchworkorlabor,thatsaidSuretywillpaythe sameinanamountnotexceedingtheamounthereinabovesetforth,andalsoincasesuitis broughtuponthisbond,willpay,inadditiontothefaceamountthereof,costsandreasonable expensesandfees,includingreasonableattorney’sfees,incurredbyObligeeinsuccessfully enforcingsuchobligation,tobeawardedandfixedbythecourt,andtobetaxedascostsandto beincludedinthejudgmentthereinrendered.

Shouldtheconditionofthisbondbefullyperformed,thenthisobligationshallbecome nullandvoid,otherwiseitshallbeandremaininfullforceandeffect.

INWITNESSWHEREOF,thisinstrumenthasbeendulyexecutedbythePrincipaland Suretyabovenamed,onMay29,2019.
(Principal)(Surety)
RichmondAmericanHomesofTheContinentalInsuranceCompany
Maryland,Inc.

By:_____________________By:_______________________
Title:__________________________Title:KathleenK.Freund,Attorney-in-Fact (Witdrosevillage(Tr20139)Colton,CA-PvtStreet&StormDm($107,486.00)-L&M(CNA))

5.b
Packet Pg. 226
Attachment: Attachment B - Bonds for Tract 20139 (3787 : Bonds Release - TM 20138 & TM 20139) POWER
OF

ATTORNEY

APPOINTING

INDIVIDUAL

ATTORNEY-IN-FACT
Know
All
Men
By
These
Presents,
That
The
Continental
Insurance
Company,
aPennsylvania
insurance
company,
is
aduly
organized
and
existing
insurance
company
having
its
principal
office
in
the
City
of
Chicago,
and
State
of
Illinois,
and
that
it
does
by
virtue
of
the
signature
and
seal
herein
affixed
hereby
make,
constitute
and
appoint
Kathleen
K
Freund,
Stacy
Killebrew,
Individually
of
Denver,
CO.
its
true
and
lawful
Attorney(s)-in-Fact
with
full
power
and
authority
hereby
conferred
to
sign,
seal
and
execute
for
and
on
its
behalf
bonds,
undertakings
and
other
obligatory
instruments
of
similar
nature
-
In
Unlimited
Amounts-
and
to
bind
them
thereby
as
fully
and
to
the
same
extent
as
if
such
instruments
were
signed
by
aduly
authorized
officer
of
the
insurance
company
and
alt
the
acts
of
said
Attorney,
pursuant
to
the
authority
hereby
given
is
hereby
ratified
and
confirmed.

This
Power
of
Attorney
is
made
and
executed
pursuant
to
and
by
authority
of
the
By-Law
and
Resolutions,
printed
on
the
reverse
hereof,
duly
adopted,
as
indicated,
by
the
Board
of
Directors
of
the
insurance
company.

In
Witness
Whereof,
The
Continental
Insurance
Company
has
caused
these
presents
to
be
signed
by
its
Vice
President
and
its
corporate
seal
to
be
hereto
affixed
on
this
29th
day
of
February,
2016.

The
Continental
Insurance
Company
B
ru
fiat
V
ice
Pre
sident
State
of
South
Dakota,
County
of
Minnehaha,
ss:

On
this
29th
day
of
February.
2016.
before
me
personally
came
Paul
T.

Bruflatto
me
known,
who,
being
by
me
duly
sworn,
did
depose
and
say:
that
he
resides
in
the
City
of
Sioux
Falls,
State
of
South
Dakota:
that
he
is
aVice
President
of
The
Continental
Insurance
Company,
aPennsylvania
insurance
company.
described
in
and
which
executed
the
above
instrument;
that
he
knows
the
seal
of
said
insurance
company;
that
the
seal
affixed
to
the
said
instrument
is
such
corporate
seal;
that
it
was
so
affixed
pursuant
to
authority
given
by
the
Board
of
Directors
of
said
insurance
company
and
that
he
signed
his
name
thereto
pursuant
to
like
authority,
and
acknowledges
same
to
be
the
act
and
deed
of
said
insurance
company.

My
Commission
Expires
Jtine
23,
2021
J.

Mohr
Notary
Public

CERTIFICATE
t,
D.

Bult,
Assistant
Secretary
of
The
Continental
Insurance
Company,
aPennsylvania
insurance
company,
do
hereby
certify
that
the
Power
of
Attorne
herein
above
set
forth
is
still
in
force,
and
further
certify
that
the
By-Law
and
Resolution
of
the
Board
of
Directors
of
the
insurance
company
printed
on
the
re
ers
hereof
is
still
in
for
e.

In
testimony
whereof
Ihave
hereunto
stibscrihed
my
name
and
affixed
the
seal
of
the
said
insurance
company
this..
day
of
________________________.

2.0 i’)
The
Continental
Insurance
Company
D.

Bult
Assistant
Secretary
Form
F6850-412012

5.b
Packet Pg. 227
Attachment: Attachment B - Bonds for Tract 20139 (3787 : Bonds Release - TM 20138 & TM 20139) Authorizing
Resolutions
ADOPTEDBYTHEBOARDOfDIRECTORSOFTHECONTINENTALINSURANCECOMPANY:

ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-LawdutyadoptedbytheBoardofDirectorsof theCompanyatameetingheldonMay10,1995.
“RESOLVED:ThatanyGroupVicePresidentmayauthorizcanofficertosignspecificdocuments,agreementsandinstrumentsonbehalf oftheCompanyprovidedthatthenameofsuchauthorizedofficerandadescriptionofthedocuments,agreementsorinstrumentsthatsuch officermaysignwillbeprovidedinwritingbytheGroupVicePresidenttotheSecretaryoftheCompanypriortosuchexecution becomingeffective.”
ThisPowerofAttorneyissignedbyPaulT.Bruflat,VicePresident,whohasbeenauthorizedpursuanttotheaboveresolutiontoexecutionpowerof attorneysonbehalfofTheContinentalInsuranceCompany.

ThisPowerofAttorneyissignedandsealedbyfacsimileunderandbytheauthorityofthefollowingResolutionadoptedbytheBoardofDirectorsof tticCompanybyunanimouswrittenconsentdatedthe25dayofApril,2012:

Whereas,thebylawsoftheCompanyorspecificresolutionoftheBoardofDirectorshasauthorizedvariousofficers(the“Authorized Officers”)toexecutevariouspolicies,bonds,undertakingsandotherobligatoryinstrumentsoflikenature;and Whereas,fromtimetotime,thesignatureoftheAuthorizedOfficersinadditiontobeingprovidedinoriginal,hardcopyformat,maybe providedviafacsimileorotherwiseinanelectronictbrmat(collectively,“ElectronicSignatcires”);Nowthereforebeitresolved:thatthe ElectronicSignatcireofanyAuthorizedOfficershallbevalidandbindingontheCompany.”

5.b
Packet Pg. 228
Attachment: Attachment B - Bonds for Tract 20139 (3787 : Bonds Release - TM 20138 & TM 20139) BondNo.30074051

FAITHFULPERFORMANCE
WHEREAS,theCityofColton,California,(hereinaftercalled“Obligee”),and RichmondAmericanHomesofMaryland,Inc.(hereinafterdesignatedas“Principal”)have enteredintoanagreementwherebyPrincipalagreestoinstallandcompletecertaindesignated publicimprovements,whichsaidagreement,dated
__________________,and
identifiedasproject
Tract20139(WildroseVillage—SanitarySewer),isherebyreferredtoandmadeaparthereof; and
WHEREAS,saidPrincipalisrequiredunderthetermsofsaidagreementtofurnisha bondforthefaithfulperformanceofsaidagreement.

NOW,THEREFORE,we,thePrincipalandTheContinentalInsuranceCompany,as Surety,areheldandfirmlybounduntotheObligeeinthepenalsumofOneHundredThirteen ThousandThreeHundredFortyand00/lOOthsDollars($113,340.00),lawfulmoneyofthe UnitedStates,forthepaymentofwhichsumwellandtrulytobemade,webindourselves,our heirs,successors,executorsandadministrators,jointlyandseverally,firmlybythesepresents.

TheconditionofthisobligationissuchthatiftheaboveboundedPrincipal,hisorits heirs,executors,administrators,successorsorassigns,shallinallthingsstandtoandabideby, andwellandtrulykeepandperformthecovenants,conditionsandprovisionsinthesaid agreementandanyalterationthereofmadeasthereinprovided,onhisortheirpart,tobekept andperformedatthetimeandinthemannerthereinspecified,andinallrespectsaccordingto theirtrueintentandmeaning,andshallindemnifyandsaveharmlessObligee,itsofficers,agents andemployees,asthereinstipulated,thenthisobligationshallbecomenullandvoid;otherwiseit shallbeandremaininfullforceandeffect.

INWITNESSWhEREOF,thisinstrumenthasbeendulyexecutedbythePrincipaland Suretyabovenamed,onMay29,2019.
(Principal)(Surety)
RichmondAmericanHomesofTheContinentalInsuranceCompany
Maryland,Inc.

By:______________________By:_________________________
Title:___________________________Title:KathleenK.Freund,Attorney-in-Fact (WitdroseVillage(Tr20139)Colton,CA-SanSewer($113,340.00)-Perf(CNA))

5.b
Packet Pg. 229
Attachment: Attachment B - Bonds for Tract 20139 (3787 : Bonds Release - TM 20138 & TM 20139)

POWEROFATTORNEYAPPOINTINGINDIVIDUALATTORNEY-IN-FACT
KnowAllMenByThesePresents,ThatTheContinentalInsuranceCompany,aPennsylvaniainsurancecompany,isadulyorganizedandexisting insurancecompanyhavingitsprincipalofficeintheCityofChicago,andStateofIllinois,andthatitdoesbyvirtueofthesignattireandsealherein affixedherebymake,constituteandappoint
KathleenKFreund,StacyKiltebrew,Individually
ofDenver.CO,itstrueandlawfulAttorney(s)-in-Factwithfullpowerandauthorityherebyconferredtosign,sealandexecuteforandonitsbehalf bonds.undertakingsandotherobligatoryinstrumentsofsimilarnature -InUnlimitedAmounts-
andtobindthemtherebyasfullyandtothesameextentasifstichinstrumentsweresignedbyadulyauthorizedofficeroftheinsurancecompanyandall theactsofsaidAttorney,pursuanttotheauthorityherebygivenisherebyratifiedandconfirmed.

ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityoftheBy-LawandResolutions,printedonthereversehereof,duly adopted,asindicated,bytheBoardofDirectorsoftheinsurancecompany.

IntVitnessWhereof,TheContinentalInsuranceCompanyhascausedthesepresentstobesignedbyitsVicePresidentanditscorporatesealtobe heretoaffixedonthis29thdayofFebruary,2016.

TheContinentalInsuranceCompany
Brut]atVicePresident
StateofSouthDakota,CountyofMinnehaha,ss:

Onthis29thdayofFebruary.2016,beforemepersonallycamePaulT.Bruflattomeknown,who,beingbymedulysworn,diddeposeandsay:
thatheresidesintheCityofSiouxFalls,StateofSouthDakota:thatheisaVicePresidentofTheContinentalInsuranceCompany,aPennsylvania insurancecompany.describedinandwhichexecutedtheaboveinstrument;thatheknowsthesealofsaidinstirancecompany;thatthesealaftixedtothe saidinstrumentissuchcorporateseal;thatitwassoaffixedpursuanttoauthoritygivenbytheBoardofDirectorsofsaidinsurancecompanyandthathe signedhisnametheretopursuanttolikeauthority,andacknowledgessametobetheactanddeedofsaidinstirancecompany.

MyCommissionExpiresJune23,2021J.MohrNotaryPublic

CERTIFICATE
I,D.Butt,AssistantSecretaryofTheContinentalInsuranceCompany,aPennsylvaniainsurancecompany,doherebycertifythatthePowerof Attorneyhereinabovesetforthisstillinforce,andfurthercertifythattheBy-LawandResolutionoftheBoardofDirectorsoftheinsurancecompany printedonthereersehereofisstillinfore.IntestimonywhereofIhavehereuntosubscribedmynameandaffixedthesealofthesaidinsurance companythis
__________
dayof.Z.ülj
TheContinentalInsuranceCompany
D.ButtAssistantSecretary
FormF6$50-4/2012

5.b
Packet Pg. 230
Attachment: Attachment B - Bonds for Tract 20139 (3787 : Bonds Release - TM 20138 & TM 20139) AuthorizingResolutions
ADOPTEDBYTHEBOARDOfDIRECTORSOfThECONTINENTALE’4SURANCECOMPANY:

ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-LawdulyadoptedbytheBoardofDirectorsof theCompanyatameetingheldonMay10,1995.
“RESOLVED:ThatanyGroupVicePresidcntmayauthorizeanofficertosignspecificdocuments,agreementsandinstrumentsonbehalf oftheCompanyprovidedthatthenameofstichauthorizedofficerandadescriptionofthedoctiments,agreementsorinstrumentsthatsuch officermaysignwillbeprovidedinwritingbytheGroupVicePresidenttotheSecretaryoftheCompanypriortosuchexecution becomingeffective.”
ThisPowerofAttorneyissignedbyPaulT.Bniflat,VicePresident,whohasbeenauthorizedpctrsuanttotheaboveresolutiontoexecutionpowerof attorneysonbehalfofTheContinentalInsuranceCompany.

ThisPowerofAttorneyissignedandsealedbyfacsimileunderandbytheauthorityofthefollowingResolutionadoptedbytheBoardofDirectorsof theCompanybyunanimouswrittenconsentdatedthe25th
dayofApril,2012:
“Whereas,thebylawsoftheCompanyorspecificresolutionoftheBoardofDirectorshasauthorizedvariousofficers(the“Acithorized Officers”)toexecutevariouspolicies,bonds,undertakingsandotherobligatoryinstrumentsoflikenature;and Whereas,fromtimetotime,thesignatureoftheAuthorizedOfficersinadditiontobeingprovidedinoriginal,hardcopyformat,maybe providedviafacsimileorotherwiseinanelectronicformat(collectively,“ElectronicSignatures”);Nowthereforeheitresolved:thatthe ElectronicSignatureofanyAuthorizedOfficershallbevalidandbindingontheCompany.”

5.b
Packet Pg. 231
Attachment: Attachment B - Bonds for Tract 20139 (3787 : Bonds Release - TM 20138 & TM 20139) BondNo.30074051

LABORANDMATERIALS
WBEREAS,theCityofColton,California(hereinafterdesignatedas“Obligee”)and RichmondAmericanHomesofMaryland,Inc.(hereinafterdesignatedas“Principal”)have enteredintoanagreementwherebyPrincipalagreestoinstallandcompletecertaindesignated publicimprovements,whichsaidagreement,dated
_______________
andidentifiedasproject
Tract20139(WildroseVillage—SanitarySewer),isherebyreferredtoandmadeaparthereof, and
WHEREAS,underthetermsofsaidagreement,Principalisrequiredbeforeentering upontheperformanceofthework,tofileagoodandsufficientpaymentbondwiththeObligee tosecuretheclaimstowhichreferenceismadeinTitle3(commencingwithSection9000)of Part6ofDivision4oftheCivilCodeoftheStateofCalifornia.

NOW,THEREFORE,saidPrincipalandtheundersignedascorporateSurety,areheld firmlybounduntotheObligeeandallcontractors,subcontractors,laborers,materialsuppliers andotherpersonsemployedintheperformanceoftheaforesaidagreementandreferredtoin Title3(commencingwithSection9000)ofPart6ofDivision4oftheCivilCodeinthesumof fiftySixThousandSixHundredSeventyand00/1O0thsDollars($56,670.00),formaterials furnishedorlaborthereonofanykind,orforamountsdueundertheUnemploymentInsurance Actwithrespecttosuchworkorlabor,thatsaidSuretywillpaythesameinanamountnot exceedingtheamounthereinabovesetforth,andalsoincasesuitisbroughtuponthisbond,will pay,inadditiontothefaceamountthereof,costsandreasonableexpensesandfees,including reasonableattorney’sfees,incurredbyObligeeinsuccessfullyenforcingsuchobligation,tobe awardedandfixedbythecourt,andtobetaxedascostsandtobeincludedinthejudgment thereinrendered.

Shouldtheconditionofthisbondbefullyperformed,thenthisobligationshallbecome nullandvoid,otherwiseitshallbeandremaininfullforceandeffect.

INWITNESSWHEREOF,thisinstrumenthasbeendulyexecutedbythePrincipaland Suretyabovenamed,onMay29,2019.
(Principal)(Surety)
RichmondAmericanHomesofTheContinentalInsuranceCompany
Maryland,Inc.

By:_____________________By:_______________________
Title:__________________________Title:KathleenK.Freund,Attorney-in-Fact (Wildrosevillage(Tr20139)Cotton,CA-SanSewer($56,670.00)-L&M(CNA))

5.b
Packet Pg. 232
Attachment: Attachment B - Bonds for Tract 20139 (3787 : Bonds Release - TM 20138 & TM 20139)

POWEROFATTORNEYAPPOINTINGINDIVIDUALATTORNEY-IN-FACT
KnowAl]MenByThesePresents,ThatTheContinentalInsuranceCompany,aPennsylvaniainsurancecompany,isadulyorganizedandexisting insurancecompanyhavingitsprincipalofficeintheCityofChicago,andStateofIllinois,andthatitdoesbyvirtueofthesignatureandsealherein affixedherebymake,constituteandappoint
KathleenKFreund,StacyKillebrew,Individually
ofDenver.CO.itstrueandlawfulAttorney(s)-in-Factwithfullpowerandauthorityherebyconferredtosign,seatandexecuteforandonitsbehalf bonds.undertakingsandotherobligatoryinstrumentsofsimilarnature -InUnlimitedAmounts-
andtobindthemtherebyasfullyandtothesameextentasifsuchinstrumentsweresignedbyadutyauthorizedofficeroftheinsurancecompanyandall theactsofsaidAttorney,pursuanttotheauthorityherebygivenisherebyratifiedandconfirmed.

ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityoftheBy-LawandResolutions,printedonthereversehereof,duly adopted,asindicated,bytheBoardofDirectorsoftheinsurancecompany.

InVitnesstVhereof,TheContinentalInsuranceCompanyhascausedthesepresentstobesignedbyitsVicePresidentanditscorporatesealtobe heretoaffixedonthis29thdayoffebruary,2016.

TheContinentalInsuranceCompany
Paul.BruflatVicePresident
StateofSouthDakota,CountyofMinnehaha,ss:

Onthis29thdayofFebruary,2016,beforemepersonallycamePaulT.Brtitlattomeknown,who,beingbymedulysworn,diddeposeandsay:
thatheresidesintheCityofSiouxFalls,StateofSouthDakota;thatheisaVicePresidentofTheContinentalInsuranceCompany,aPennsylvania insurancecompany.describedinandwhichexecutedtheaboveinstrument;thatheknowsthesealofsaidinsurancecompany;thatthesealaffixedtothe saidinstrumentissuchcorporateseal;thatitwassoaffixedpursuanttoauthoritygivenbytheBoardofDirectorsofsaidinsurancecompanyandthathe signedhisnametheretopurstianttolikeauthority,andacknowledgessametobetheactanddeedofsaidinsurancecompany.

F!1il
______________
MyCommissionExpiresJune23,2021J.MohrNotaryPublic

CERTIFICATE
I,D.Butt,AssistantSecretaryofTheContinentalInsuranceCompany,aPennsylvaniainsurancecompany,doherebycertifythatthePowerof Attorneyhereinabovesetforthisstillinforce,andfurthercertifythattheBy-LawandResolutionoftheBoardofDirectorsoftheinsurancecompany printedonthereersehereofisstillinfore.IntestimonywhereofIhavehereuntostibscribedmynameandaffixedthesealofthesaidinsurance companythis
j,1HndayofV1.t,

2.o
l’
TheContinentalInuranceCompany
D.Butt
FormF6850-4/2012
AssistantSecretary

5.b
Packet Pg. 233
Attachment: Attachment B - Bonds for Tract 20139 (3787 : Bonds Release - TM 20138 & TM 20139) AuthorizingResolutions
ADOPTEDBYTHEBOARDOFDIRECTORSOFTHECONTINENTALINSURANCECOMPANY:

ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-LawdulyadoptedbytheBoardofDirectorsof theCompanyatameetingheldonMay10,1995.
‘RESOLVED:ThatanyGroupVicePresidentmayauthorizeanofficertosignspecificdocuments,agreementsandinstrumentsonbehalf oftheCompanyprovidedthatthenameofsuchauthorizedofficerandadescriptionofthedocuments,agreementsorinstrumentsthatsuch officermaysignwillbeprovidedinwritingbytheGroupVicePresidenttotheSecretaryoftheCompanypriortosuchexecution becomingeffective.”
ThisPowerofAttorneyissignedbyPaulT.Brnflat,VicePresident,whohasbeenauthorizedpursuanttotheaboveresolutiontoexecutionpowerof attorneysonbehalfofTheContinentalInsciranceCompany.

ThisPowerofAttorneyissignedandsealedbyfacsimileunderandbytheauthorityofthefollowingResolutionadoptedbytheBoardofDirectorsof theCompanybyunanimouswrittenconsentdatedthe25t5dayofApril,2012:
“Whereas,thebylawsoftheCompanyorspecificresolutionoftheBoardofDirectorshasacithorizedvariocisofficers(the“Authorized Officers”)toexecutevariouspolicies,bonds,undertakingsandotherobligatoryinstrumentsoflikenatcire;and Whereas,fromtimetotime,thesignatureoftheAuthorizedOfficersinadditiontobeingprovidedinoriginal,hardcopyformat,maybe providedviafacsimileorotherwiseinanelectronicformat(collectively,“ElectronicSignatures”);Nowthereforebeitresolved:thatthe ElectronicSignatcireofanyAuthorizedOfficershallbevalidandbindingontheCompany.”

5.b
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Attachment: Attachment B - Bonds for Tract 20139 (3787 : Bonds Release - TM 20138 & TM 20139) BondNo.30074054

FAITHFULPERFORMANCE
WHEREAS,theCityofColton,California,(hereinaftercalled“Obligee”),and RichmondAmericanHomesofMaryland,Inc.(hereinafterdesignatedas“Principal”)have enteredintoanagreementwherebyPrincipalagreestoinstallandcompletecertaindesignated publicimprovements,whichsaidagreement,dated
_________________,and
identifiedasproject
Tract20139(WildroseVillage—RoughGrading),isherebyreferredtoandmadeaparthereof; and
WHEREAS,saidPrincipalisrequiredunderthetermsofsaidagreementtofurnisha bondforthefaithfulperformanceofsaidagreement.

NOW,THEREFORE,we,thePrincipalandTheContine1ntalInsuranceCompany,as Surety,areheldandfirmlybounduntotheObligeeinthepenalsumofOneHundredTwelve ThousandfiveHundredFiftyand00/lOOthsDollars($112,550.00),lawfulmoneyoftheUnited States,forthepaymentofwhichsumwellandtrulytobemade,webindourselves,ourheirs, successors,executorsandadministrators,jointlyandseverally,firmlybythesepresents.

TheconditionofthisobligationissuchthatiftheaboveboundedPrincipal,hisorits heirs,executors,administrators,successorsorassigns,shallinallthingsstandtoandabideby, andwellandtrulykeepandperformthecovenants,conditionsandprovisionsinthesaid agreementandanyalterationthereofmadeasthereinprovided,onhisortheirpart,tobekept andperformedatthetimeandinthemannerthereinspecified,andinallrespectsaccordingto theirtrueintentandmeaning,andshallindemnifyandsaveharmlessObligee,itsofficers,agents andemployees,asthereinstipulated,thenthisobligationshallbecomenullandvoid;otherwiseit shallbeandremaininfullforceandeffect.

INWITNESSWIIEREOF,thisinstrumenthasbeendulyexecutedbythePrincipaland Suretyabovenamed,onMay29,2019.
(Principal)(Surety)
RichmondAmericanHomesofTheContinentalInsuranceCompany
Maryland,Inc.

By:_______________________By:__________________________ Title:___________________________Title:KathleenK.Freund,Attorney-in-Fact (WitdroseVillage(Tr20139)Cotton,CA-RoughGrading($112,550.00)-Perf(CNA))

5.b
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Attachment: Attachment B - Bonds for Tract 20139 (3787 : Bonds Release - TM 20138 & TM 20139)

POWEROFATTORNEYAPPOINTINGINDIVIDUALATTORNEY-IN-FACT
KnowAllMenByThesePresents,ThatTheContinentalInsuranceCompany,aPennsylvaniainsurancecompany.isadulyorganizedandexisting insurancecompanyhavingitsprincipalofficeintheCityofChicago,andStateofIllinois,andthatitdoesbyvirtueofthesignatureandsea]herein affixedherebymake,constituteandappoint
KathleenKFreund,StacyKillebrew,Individually
ofDenver.CO,itstrueandlawfulAttorney(s)-in-Factwithfullpowerandauthorityherebyconferredtosign,sealandexecuteforandonitsbehalf bonds.undertakingsandotherobligatoryinstrumentsofsimilarnature -InUnlimitedAmounts-
andtobindthemtherebyasfullyandtothesameextentasifsuchinstrumentsweresignedbyadulyauthorizedofficeroftheinsurancecompanyandall theactsofsaidAttorney,pursuanttotheauthorityherebygivenisherebyratifiedandconfirmed.

ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityoftheBy-LawandResolutions,printedonthereversehereof,duly adopted,asindicated,bytheBoardofDirectorsoftheinsurancecompany.

IntVitnessWhereof,TheContinentalInsuranceCompanyhascausedthesepresentstobesignedbyitsVicePresidentanditscorporatesealtobe heretoaffixedonthis29thdayofFebruary.2016.

TheContinentalInsuranceCompany
Paul.BruflatVicePresident
StateofSouthDakota,CountyofMinnehaha.ss:

Onthis29thdayofFebruary.2016,beforemepersonallycamePaulT.Bruflattomeknown,who,beingbymedulysworn,diddeposeandsay:
thatheresidesintheCityofSiouxFalls,StateofSouthDakota:thatheisaVicePresidentofTheContinentalInsuranceCompany,aPennsylvania insurancecompany.describedinandwhichexecutedtheaboveinstrument;thatheknowsthesealofsaidinsurancecompany;thatthesealaffixedtothe saidinstrumentissuchcorporateseal;thatitwassoaffixedpursuanttoauthoritygivenbytheBoardofDirectorsofsaidinsurancecompanyandthathe signedhisnametheretopursuanttolikeauthority,andacknowledgessametobetheactanddeedofsaidinsurancecompany.

MyCommissionExpiresJune23,2021J.MohrNotaryPublic

CERTIFICATE
[,D.Bult,AssistantSecretaryofTheContinentalInsuranceCompany,aPennsylvaniainsurancecompany,doherebycertifythatthePowerof Attorneyhereinabovesetforthisstillinforce,andfurthercertifythattheBy-LawandResolutionoftheBoardofDirectorsoftheinsurancecompany printedonthereersehereofisstillinfore.IntestimonywhereofIhavehereuntosubscribedmynameandaffixedthesealofthesaidinsurance companythis-1idayof,2-0l’
TheContinentalInsuranceCompany
D.BultAssistantSecretary
FormF6850-4/20l2

5.b
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Attachment: Attachment B - Bonds for Tract 20139 (3787 : Bonds Release - TM 20138 & TM 20139) AuthorizingResolutions
ADOPTEDBYTHEBOARDOFDIRECTORSOFTHECONTINENTALINSURANCECOMPANY:

ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-LawdulyadoptedbytheBoardofDirectorsof theCompanyatameetingheldonMay10.1995.
“RESOLVED:ThatanyGroupVicePresidentmayauthorizeanofficertosignspecificdocuments,agreementsandinstrumentsonbehalf oftheCompanyprovidedthatthenameofsuchauthorizedofficerandadescriptionofthedocuments,agreementsorinstrumentsthatsuch officermaysignwillbeprovidedinwritingbytheGroupVicePresidenttotheSecretaryoftheCompanypriortosuchexecution becomingeffective.”
ThisPowerofAttorneyissignedbyPaulT.Bruflat,VicePresident,whohasbeenauthorizedpursuanttotheaboveresolutiontoexecutionpowerof attorneysonbehalfofTheContinentalInsuranceCompany.

ThisPowerofAttorneyissignedandsealedbyfacsimileunderandbytheauthorityofthefollowingResolutionadoptedbytheBoardofDirectorsof theCompanybyunanimouswrittenconsentdatedthe2S”dayofApril,2012:
“Whereas,thebylawsoftheCompanyorspecificresolutionoftheBoardofDirectorshasauthorizedvariousofficers(the“Authorized Otficers”)toexecutevariouspolicies,bonds,undertakingsandotherobligatoryinstrumentsoflikenature;and Whereas,fromtimetotime,thesignatureoftheAuthorizedOfficersinadditiontobeingprovidedinoriginal,hardcopyformat,maybe providedviafacsimileorotherwiseinanelectronicformat(collectively,“ElectronicSignatcires”);Nowthereforebeitresolved:thatthe ElectronicSignatureofanyAtithorizedOfficershallbevalidandbindingontheCompany.”

5.b
Packet Pg. 237
Attachment: Attachment B - Bonds for Tract 20139 (3787 : Bonds Release - TM 20138 & TM 20139) BondNo.30074054

LABORANDMATERIALS
WhEREAS,theCityofColton,California(hereinafterdesignatedas“Obligee”)and RichmondAmericanHomesofMaryland,Inc.(hereinafterdesignatedas“Principal”)have enteredintoanagreementwherebyPrincipalagreestoinstallandcompletecertaindesignated publicimprovements,whichsaidagreement,dated
_______________
andidentifiedasproject
Tract20139(WildroseVillage—RoughGrading),isherebyreferredtoandmadeaparthereof and
WhEREAS,underthetermsofsaidagreement,Principalisrequiredbeforeentering upontheperformanceofthework,tofileagoodandsufficientpaymentbondwiththeObligee tosecuretheclaimstowhichreferenceismadeinTitle3(commencingwithSection9000)of Part6ofDivision4oftheCivilCodeoftheStateofCalifornia.

NOW,ThEREFORE,saidPrincipalandtheundersignedascorporateSurety,areheld firmlybounduntotheObligeeandallcontractors,subcontractors,laborers,materialsuppliers andotherpersonsemployedintheperformanceoftheaforesaidagreementandreferredtoin Title3(commencingwithSection9000)ofPart6ofDivision4oftheCivilCodeinthesumof fiftySixThousandTwoHundredSeventyFiveand00/lOOthsDollars($56,275.00),for materialsfurnishedorlaborthereonofanykind,orforamountsdueundertheUnemployment InsuranceActwithrespecttosuchworkorlabor,thatsaidSuretywillpaythesameinanamount notexceedingtheamounthereinabovesetforth,andalsoincasesuitisbroughtuponthisbond, willpay,inadditiontothefaceamountthereof,costsandreasonableexpensesandfees, includingreasonableattorney’sfees,incurredbyObligeeinsuccessfullyenforcingsuch obligation,tobeawardedandfixedbythecourt,andtobetaxedascostsandtobeincludçdin thejudgmentthereinrendered.

Shouldtheconditionofthisbondbefullyperformed,thenthisobligationshallbecome nullandvoid,otherwiseitshallbeandremaininfullforceandeffect.

INWITNESSWHEREOF,thisinstrumenthasbeendulyexecutedbythePrincipaland $uretyabovenamed,onMay29,2019.
(Principal)(Surety)
RichmondAmericanHomesofTheContinentalInsuranceCompany
Maryland,Inc.

By:______________________By:

Title:___________________________Title:KathleenK.Freund,Attorney-in-Fact (WildroseVillage(Tr20139)Colton,CA-RoughGrading($56,275.00)-L&M(CNA))

5.b
Packet Pg. 238
Attachment: Attachment B - Bonds for Tract 20139 (3787 : Bonds Release - TM 20138 & TM 20139) POWEROfATTORNEYAPPOINTINGINDIVIDUALATTORNEY-IN-FACT
KnowAllMenByThesePresents,ThatTheContinentalInsuranceCompany.aPennsylvaniainsurancecompany,isadulyorganizedandexisting insurancecompanyhavingitsprincipalofficeintheCityofChicago,andStateofIllinois.andthatitdoesbyvirtueofthesignatureandsealherein affixedherebymake,constituteandappoint
KathleenKFreund,StacyKillebrew,Individually
ofDenver,CO,itstrueandlawfulAttorney(s)-in-Factwithfullpowerandauthorityherebyconferredtosign,sealandexecuteforandonitsbehalf bonds,undertakingsandotherobligatoryinstrumentsofsimilarnature -InUnlimitedAmounts-
andtobindthemtherebyasfullyandtothesameextentasifsuchinstrumentsweresignedbyadulyauthorizedofficeroftheinsurancecompanyandall theactsofsaidAttorney.pursuanttotheauthorityherebygivenisherebyratifiedandconfirmed.

ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityoftheBy-LawandResolutions,printedonthereversehereof,duly adopted.asindicated,bytheBoardofDirectorsoftheinsurancecompany.

InWitnessWhereof,TheContinentalInsuranceCompanyhascausedthesepresentstobesignedbyitsVicePresidentanditscorporatesealtobe heretoaffixedonthis29thdayofFebruary,2016.

TheContinentalInsuranceCompany
PaulPresident
StateofSouthDakota,CountyofMinnehaha,ss:

Onthis29thdayofFebruary.2016,beforemepersonallycamePaulT.Bruflattomeknown,who,beingbymcdulysworn,diddeposeandsay:
thatheresidesintheCityofSiouxFalls,StateofSouthDakota;thatheisaVicePresidentofTheContinentalInsuranceCompany,aPennsylvania insurancecompany.describedinandwhichexecutedtheaboveinstrument;thatheknowsthesealofsaidinsurancecompany;thatthesealaffixedtothe saidinstrumentissuchcorporateseal;thatitwassoaffixedpursuanttoauthoritygivenbytheBoardofDirectorsofsaidinsurancecompanyandthathe signedhisnametheretopursuanttolikeauthority,andacknowledgessametobetheactanddeedofsaidinsurancecompany.

MyCommissionExpiresJune23,2021J.MohrNotaryPublic

CERTIFICATE
I,D.Bult,AssistantSecretaryofTheContinentalInsuranceCompany,aPennsylvaniainsurancecompany,doherebycertifythatthePowerof Attorneyhereinabovesetforthisstillinforce,andfurthercertifythattheBy-LawandResolutionoftheBoardofDirectorsoftheinsurancecompany printedonthereershereofisstillinfor-e.IntestimonywhereofIhavehereuntostibscribedmynameandaffixedthesealofthesaidinsurance companythisdayof
_______________________,

2.oj—.

TheContinentalInsuranceCompany
¶
D.BultAssistantSecretary
FormF6850-412012

5.b
Packet Pg. 239
Attachment: Attachment B - Bonds for Tract 20139 (3787 : Bonds Release - TM 20138 & TM 20139) AuthorizingResolutions
ADOPTEDBYTHEBOARDOFDIRECTORSOFTHECONTINENTALINSURANCECOMPANY:

ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-LawdulyadoptedbytheBoardofDirectorsof theCompanyatameetingheldonMay10,1995.
“RESOLVED:ThatanyGroupVicePresidentmayauthorizeanofflccrtosignspecificdocuments,agreementsandinstrumentsonbehalf oftheCompanyprovidedthatthenameofsuchauthorizedofficerandadescriptionofthedocuments,agreementsorinstrumentsthatsuch officermaysignwillbeprovidedinwritingbytheGroupVicePresidenttotheSecretaryoftheCompanypriortosuchexecution becomingeffective.”
ThisPowerofAttorneyissignedbyPaulT.Bruflat,VicePresident,whohasbeenauthorizedpursuanttotheaboveresolcitiontoexecutionpowerof attorneysonbehalfofTheContinentalInsuranceCompany.

ThisPowerofAttorneyissignedandsealedbyfacsimileunderandbytheauthorityofthefollowingResolutionadoptedbytheBoardofDirectorsof theCompanybyunanimouswrittenconsentdatedthe25thdayofApril,2012:
‘Whereas,thebylawsoftheCompanyorspecificresolutionoftheBoardofDirectorshasauthorizedvariousofficers(the“Authorized Officers”)toexecutevariouspolicies,bonds,undertakingsandotherobligatoryinstrumentsoflikenature;and Whereas,fromtimetotime,thesignatureoftheAuthorizedOfficersinadditiontobeingprovidedinoriginal,hardcopyformat,maybe providedviafacsimileorotherwiseinanelectronicformat(collectively,“ElectronicSignatures”);Nowthereforebeitresolved:thatthe ElectronicSignatureofanyAtithorizedOfficershallbevalidandbindingontheCompany.”

5.b
Packet Pg. 240
Attachment: Attachment B - Bonds for Tract 20139 (3787 : Bonds Release - TM 20138 & TM 20139) Received of:
lliit-g nt Ql,nlfnn

CASH RECEIPT
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PA\'.·.,. /
TO THE
ORQER.

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.I

CITY OF COLTON
650 N LA CADENA DR
COL TON CA 92324
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5.c
Packet Pg. 241
Attachment: Attachment C1 - TM 20138 Cash Deposit (3787 : Bonds Release - TM 20138 & TM 20139)

5.c
Packet Pg. 242
Attachment: Attachment C1 - TM 20138 Cash Deposit (3787 : Bonds Release - TM 20138 & TM 20139)

5.c
Packet Pg. 243
Attachment: Attachment C1 - TM 20138 Cash Deposit (3787 : Bonds Release - TM 20138 & TM 20139)

5.c
Packet Pg. 244
Attachment: Attachment C1 - TM 20138 Cash Deposit (3787 : Bonds Release - TM 20138 & TM 20139)

5.c
Packet Pg. 245
Attachment: Attachment C1 - TM 20138 Cash Deposit (3787 : Bonds Release - TM 20138 & TM 20139)

5.c
Packet Pg. 246
Attachment: Attachment C1 - TM 20138 Cash Deposit (3787 : Bonds Release - TM 20138 & TM 20139)

5.c
Packet Pg. 247
Attachment: Attachment C1 - TM 20138 Cash Deposit (3787 : Bonds Release - TM 20138 & TM 20139)

5.d
Packet Pg. 248
Attachment: Attachment C2 - TM 20139 Cash Deposit (3787 : Bonds Release - TM 20138 & TM 20139)

5.d
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Attachment: Attachment C2 - TM 20139 Cash Deposit (3787 : Bonds Release - TM 20138 & TM 20139)

5.d
Packet Pg. 250
Attachment: Attachment C2 - TM 20139 Cash Deposit (3787 : Bonds Release - TM 20138 & TM 20139)

5.d
Packet Pg. 251
Attachment: Attachment C2 - TM 20139 Cash Deposit (3787 : Bonds Release - TM 20138 & TM 20139)

5.d
Packet Pg. 252
Attachment: Attachment C2 - TM 20139 Cash Deposit (3787 : Bonds Release - TM 20138 & TM 20139)

5.d
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Attachment: Attachment C2 - TM 20139 Cash Deposit (3787 : Bonds Release - TM 20138 & TM 20139)

5.d
Packet Pg. 254
Attachment: Attachment C2 - TM 20139 Cash Deposit (3787 : Bonds Release - TM 20138 & TM 20139)

ITEM NO. 6

STAFF REPORT

DATE: OCTOBER 4, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE AWARD OF CONTRACT TO PTM GENERAL
ENGINEERING SERVICES, INC. FOR THE I-10 FREEWAY /9TH

STREET UNDERPASS LIGHTING PROJECT IN THE AMOUNT OF
$116,016.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Award a construction contract for the I -10 Freeway/9th St reet Underpass Lighting Project to PTM General Engineering Services, Inc., as the lowest responsive and responsible bidder for $116,016, and authorize the City Manager to execute the contract agreement.

BACKGROUND

As part of the Colton Crossing Project, the City completed murals on the east and west side walls of the I -10 Freeway/9th Street Underpass. The east side of the underpass has existing lighting installed as part of a previously completed Caltrans project , but none exists on the west side.

Installation of the lighting on the west side will provide safety for pedestrian s and motorists and provide lighting on the mural s. The scope of the project includes installation of lighting with decorative poles, and underground conduits and wiring. The project plan is shown as Exhibit A.

ISSUES/ANALYSIS

In accordance with Colton Municipal Code Section 3.08.090, a request for Notice Inviting Formal Bids was sent for publication on August 12, 2022 and August 19, 2022. The sealed bid opening took place on Septemb er 8, 2022, 3:00 P.M. in the City Hall Conference Room. A total of four (4) bid proposals were received from contractors. The sealed bids received are as follows:
6 Packet Pg. 255
Staff Report to the Mayor and City Council
Contract Award - PTM General Engineering Services, Inc.

October 4, 2022

Page 2 ends

Contractor’s Name Bid Amount

1. PTM General Engineering Services, Inc. $116,016.00

2. Three Peaks Corp. $116,800.00

3. CalProMax Engineering, Inc. $186,900.00

4. Smart City Electric Group $213,000.00

Staff reviewed and evaluated each submitted bid. Staff recommends award of a construction contract (Exhibit B) to PTM General Engineering Serv ices, Inc. as the lowest responsive and responsible bidder for $116,016.

FISCAL IMPACTS

The I -10 Freeway/9th Street Underpass Lighting Project is funded by the Colton Crossing Project. Sufficient appropriations are available in the Colton Crossing Fund Grade Sep. Wall Treatment/Graffiti Abate ment Capital Improvement Account Number 451-1203-6987-3890- 0000-000.

ENVIRONMENTAL IMPACTS

Project to be determined categorically exempt under California Environmental Quality Act (CEQA) Guidelines Section 15301(c) - Existing highways and streets.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - 9th Street Underpass Lighting Project

2. Exhibit B - Construction Contract With PTM
6 Packet Pg. 256
Know what's
Ontario, California 91764
3190 C Shelby Street
PLANNING | ENGINEERING |

CONSTRUCTION MANAGEMENT

A NDREW
D
.

OSAKI

GENERAL NOTES
LEGEND: QUANTITY

ENGINEER'S NOTICE TO CONTRACTOR

LIGHTING CRITERIA

INDEX OF PLANS

CONSTRUCTION NOTES

LIGHT SCHEDULE
1345-1
8/29/18
- NOT INCLUDED
- NOT INCLUDED

6.a
Packet Pg. 257
Attachment: Exhibit A - 9th Street Underpass Lighting Project (3792 : Contract Award - PTM General Engineering Services, Inc.) I I
I I I
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IN CONTRACT
LEGEND:
-CJ- EXISTING �a.£.
0--- ---o EXISTING SIRE£ I LIQ-IT GI CXNCRElE POLE TO REMAIN. f_;-, EXISTING WAU.-MOONlED LUMINAIRE TO REMAIN.
l)o PR<POSED 15' POLE 'MTH LED FLOOO LIGHT. SEE ElECTRa.lER SCHEDULE HERON Fm MANUFACTURER AND CATALOG NUMBER INFOOMATION.
0e0 PROPOSED l)JAL POST Ta> ca-lCRElE PEDESTR1AN LIGHT. SEE ELECTROUER SQ-IEDULE HERCN Fffi MANUFACTURER AND CATALOG NUMBER INFIBMATICN.

DI PR<POS0J Wl\ll.. -MCUllED LED FLOOO LIGHTING. SEE ELECTRaJER ID-IEDUI.£ HERE<l'I Frn MANUFACTURER AND CATALOG NUMBER INFffiMATICN.

CJ PROPOSED 1/5 STREET LIGHTING PULL BOX UNLESS OTHERWSE INllCATEO. = EXISTING SIRE£ I LIQ-IT PULLBOX TO REMAIN.
--- PRCPOSED 1½" PVC CCNDUT WTH 4/8 WRES (1-RED, 1-v.HITE, 1--81.ACK, 1-GROOND) UNLESS OTHERWSE INllCATED.

EXISTING aNJUtT TO REMAIN UNLESS OlHERWSE INaCAlED,
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GENERAL NOTES

1. ALL WORK SHALL BE IN ACCORDANCE WITH THE STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION (SPPWC) (2012 EDITION), THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CDNSlRUCTIDN (SSPWC){2Dl2 EDITION} ANO CURRENT CALTRANS STANDARD PLANS AND STANDARD SPECIFICATIONS.

2. STREET LIGHT WMINAIRES SHALL BE LED AND SHALL HAVE INTEGRAL PHOTO-El£CTRIC CONTROLS.

3. ALL NEW PULL BOXES SHALL BE PCC No. 5 UNLESS SHOWII OTHERWISE.

4. 1'.LL PULL BOXES SHALL CONT1'JN A 12• DEEP L,._YER Of SMALL ROCKS EXTENDING 5• OUTSIDE OF THE PULL BOX EDGE AT THE BOTTOM FOR DRAINAGE.

5. PROVIDE PULL BOXES SO CONDUIT DOES NOT EXCEED THE EQUIVALENT OF FOUR 90 DEGREE BENDS OR 200 FEET BElWEEN PULL POINTS.

6. ALL UNDERGROUND CONDUIT SHALL BE MADE OF SCHEDULE 80 PVC, SHALL BE INSTALLED A MINIMUM OF 3o" BELOW GRADE.

7. MULTIPLE CIRCUIT WIRE SHALL BE NO. 8 AWG STRANDED COPPER CONDUCTOR, TYP£ lHWN/THHN INSULATION. UL Af>f'ROVEO FUR 600 votl Of'E:RAllON UNLESS OTHERWISE SPECIFIED HEREON.

8. ELECTROLIERS SHALL BE WIRED WITH 2f10 WIRES FROM THE BASE OF POLE TO THE LUMINAIRE.

9. WARNING: SAFEiY CLEARANCE SHALL BE OBTAiNED DAILY FROM THE AFf"EC 1t.D

UTILITY COMPANY BEFORE DOING ANY WORK WITHIN CLOSE PROXIMITY TO ANY OVERHEAD OR UNDERGROUND UTILITY LINE.

10. THE LOCATION OF A STREET LIGHT MAY BE ADJUSTED UP TO 5 FEET, ONLY TO AVOID AN OBSTRUCTION SUCH AS DRIVEWAYS, CATCH BASINS ETC. ANY DE\IIATION EXCEEDING 5 FEET MUST HAVE THE APPROVAL OF THE ENGINEER.

11. THE ELECTRICAL CIRCUIT FOR THE LIGHTING SYSTEM SHALL 4-WIRE 120/240 MULTIPLE CIRCUIT. MULTIPLE C1RCUIT WIRE SHALL BE NO. 6 AWG STRANDED COPPER CONDUCTOR, TYPE THWN/THHN INSULATION, UL APPROVED FOR 600 VOLT OPERATION UNLESS OTI-IERWISE SPECIFIED HEREON.
f2. FOUR \'ARES (COLOR CODE: f-RED, t-BLACK, t-WHITE, t-GRO.N)) SHALL BE INSTALLED IN ALL MULTIPLE CIRCUIT CONDUIT UNLESS OTHERWISic PROVIDED FOR HEREON.

13. EXCEPT AS INDICATED, EVEN NUMBERED ELEClROLIERS (STREET LIGHTS AND PEDESmlAN LIGHTS) SHALL BE WIRED TO RED AND M-IITE WIRES AND ODD Nt.lMBERED ElEClROUERS SHALL BE WIRED lO Bl.ACK ANO WHHE WIRES.

14. FIVE FOOT CLEARANCE TO BE MAINTAINED FROM FIRE HYDRANT. FOUR FOOT CLEARANCE TO BE MAINTAINED FROM TOP OF SLOPE AT COM�iERCIAl DRIVEWAY, AND 2 FOOT Cl£ARANCE FROM RESIDENTIAL DRIVEWAY. PEDESTRIAN LIGHT FOUNDATION PER DETAIL HEREON.

III
III
[B

CONSTRUCTION NOTES
ADD 'l.flB {1-BLUE,1-WHITE) AND 1#10 GROUND (1-GREEN) CONDUCTORS

TO CONDUIT LEADING TO THE EXISTING POLE AND CONNECT TO PHOTO El£CTRIC CONTROL. SEE DETAIL C.

INSTALL 2fl8. (t-BLUE,t-WHITE) AND 1#10 GROUND (1-GREEN} CONDUCTORS IN 2• CONDUIT.

INSTALL 2#10 (f-BLUE, f-WHITE} AND f#fO GROUND (f-GREEN} CONDUCTORS IN 1" CONDUIT.
1t" GALVANIZED STEEL CONDUIT TO BE INSTALLED FROM NEW PULL BOX IN SIDEWALK. UP THE RETAINING WALL TO NEW PULL BOX NEAR PROPOSED FLOOD LIGHT. STRAP CONDUIT TO RETAINING WALL.

EXISTING POWERPOLE WITH STREET LIGHTING SERVICE. 4 STREET LIGHTS WITH ±100W LED LUMINI\IRES AND 3 WALL MOUNTED LIGHTS AT ± 250W LAMP& /\DD 3 125W LED FLOOD LIGHTS. TOTAL APPROXIMATE LOAD:
1525W.

EXISTING STREET LIGHTING CIRCUIT. 4 STREET LIGHTS WITH ±100W LED LUMINAIRES. ADD 3 125W LED FLOOD LIGHTS. TOTAL APPROXIMATE LOAD: 775W
� EXISTING WALL MOUNTED LIGHTS ..

MANUFACTURERS INSTRUCTIONS .

INSTALL NEW FIXTURE PER
EXISTING POWERPOL£ WITH BRIDGE LIGHTING SERVICE. 4 WALL MOUNTED LIGHTS Wl1H ± 250W LAMPS. REMOVE EXISTING LIGHTS ANO INSTALL 4 44W LED WALL MOUNTED LIGHTS, TOTAL APPROXIMATE LOAD: 176W.

INSTALL PtlU. BOX IN EXISTING CONDUtT RUN.

SPLICE NEW TO EXISTING CONDUCTORS.

REMOVE AND SALVAGE EQUIPMENT.

LIGHT SCHEDULE

SYMBOL QUANTITY DESCRIPTION

MANUFACTURER/CATALOG NUMBER

POLE LUMINAIRE / LAMP
4 15' CONCRETE PEDESTRIAN POLE WITH DUAL KING/ WASHINGTON LUMINAIRE ARMS, TWO ACORN LUMINAIRES AND KING / TALISMAN K116-R-EAR-•-(MED)-•- 120-KA71-T2-GY � r-1.5' 0,0
® lWO LED 33W LAMPS wtltt ME:DtUM {E26) KnZ-12'-E-40-ffif'-AG. PHIUPS TRUEFORCE LED LAMP/ BASES . COLOR TO BE PEARL GRAY (E40). RIVERSIDE ARM/ KA 71-T2 IRUEFORCE-LED-HPL- N0-48-33W-E27-740-CL UNDERGROUND SERVICE ALERT (USA}
lrS THE LAW!

DIAL BEFORE
YOU DIG!
�
"'-""""' below.

Call ,,.,.,.e yoo �1!1-
L

12.5'

SIDEWALK
BENGillARK:
9TH STREET UNDERPASS
DESIGN SPEED: 30 MPH
55'
BO'

SECTION 'A'-'A'
AYJREW D. OSAkO
SCALE, DRAWN BY:
/+S SHOWN WG

12.5'

SIDEWALK
DAlE: 6--26-18
Cl£CKED BY:

MG
PLANNING I ENGINEEmNG I
CONS"TRUCTION MANAGEMENT
3190 C Shelby Street
Ontario, California 91764
LIGHTING EQUIPMENT NOTES:

1. INSTALL EQUIPMENT PER MANUFACTURERS INSTRUCTION&

2. COORDINATE LIGHT FIXTURE LOCATION AND MOUNTING WITH OTHER EQUIPMENT.

3. CONTRACTOR SHALL PROVIDE ALL LAMPS, ACCESSORIES AND MOUNTING HARDWARE AS REQUIRED.

4. CONTRACTOR SHALL VERIFY EXACT FIXTURE BY MANUFACTURER SPECIFIED OR APPROVED EQUAL SUBSTITUTED FIXTURES WILL REQUIRE PHOTOMETRIC CALCULATIONS AND MUST PERFORM EQUAL TO OR BETTER THAN LIGHT FIXTURE SPECIFIED. ENGINEER TO MAKE FINAL DETERMINATION.

5. PHOTO El£CTRIC CELL BY OTHERS

6. FOUNDATIONS SHALL BE PER STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION {SPPWC), STD. PLAN NO 431-1 EXCEPT WITH MANUFACTURERS RECOMMENDED BOLT CIRCLE.

CITY OF COLTON

PUBLIC WORKS DEPARTMENT
0 REVISIONS
North
20 SCALE 1• =20'
40 DATE APPi!.

CITY BIG'INEER SCALE
NAME• YICTm ORTIZ
Tel: (909) 890-9693 Fax: (909) 890-9694 LIGHTING IMPROVEMENT PROJECT 91H STREET
R. C. E. No.73848 EXP. 61'30/19
APPROVED•
HOR I Z. AS SIIOIIII
VERTI • AS SIIOIIII
DATE 4•11-18
PLAN NO. 1345-1 SHEET 2 OF 4
8/29/18

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CONTRACT
29 CONTRACT

THIS CONTRACT is made this 6th day of October, 2022, in the County of San Bernardino, State of California, by and between the City of Colton, hereinafter called City, and PTM General Engineering Services, Inc. , hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:

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

I-10/9TH STREET UNDERPASS LIGHTING PROJECT

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

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

ARTICLE 3. CONTRACT PRICE . The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of

One Hundred Sixteen Thousand Sixteen Dollars and No Cents ($116,016.00). Payment shall be made as set forth in the General Conditions.

ARTICLE 4. LIQUIDATED DAMAGES . In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $200.00 for each and every calendar day of delay beyond the time pre scribed 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 Contracto r under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

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

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

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CONTRACT
30 Designation of Subcontractors
Information Required of Bidders
Non-Collusion Affidavit form
Contract
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Provisions (or Special Conditions)
Technical Specifications
Greenbook Standard Specifications (Sections 1-9 Excluded) Addenda
Plans and Contract Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract

The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

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

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

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

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

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

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CONTRACT
31 CITY OF COLTON

By:

Signature
Name
Title
Attest:

City Clerk

Recommended By:

Signature
Name
Title

[NAME OF CONTRACTOR]

By:

Signature
Name
Title

License Number

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ITEM NO. 7

STAFF REPORT

DATE: OCTOBER 4, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE THE FIRST AMENDMENT TO THE CONTRACT WITH

WALLACE & ASSOCIATES FOR ENGINEERING SERVICES

ASSOCIATED WITH THE DRILLING AND CONSTRUCTION OF
WELL 32 & WELL 33.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the First Amendment to the Professional S ervices Agreement with Wallace & Associates Consulting LLC., increasing the amount of compensation by $1 10,000 and the contract amount not to exceed $1 60,000 for the On Call Engineering Services for the Drilling and Construction of Well 32 and Well 33 Proj ect, and authorize the City Manager to execute the agreement.

BACKGROUND

Construction of new production wells was identified in the City’s 2016 Water Master Plan to meet the City’s anticipated water demand over the next ten to twenty years. On December 2 1, 2021, The City of Colto n awarded a contract for construction and d rilling of Well 32 and Well 33 to Layne Christensen Company . The total construction amount is $3,946,180.00. Th ese (2) two new wells will replace Wells No. 13, 16 and 26.

ISSUES/ANALYSIS

City staff issued the Request for Proposal (RFP) for General Consulting Services for Various Public Works and Utilities Projects. In accordance with Colton Municipal Code Section

3.08.110, the RFP was published i n the Press Enterprise Newspaper on Octobe r 29, 2021 and 7 Packet Pg. 290
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October 4, 2022

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November 5, 2021. In addition, the Request for Proposal was sent to various firms to provide on- call engineering design, inspection and construction man agement services for various public works and utilities projects in the City of Colton. The proposed award amount that was indicated on the RFP is not to exceed $250,000 per year for the contract term, which is subject to annual review, the annual occurren ce of projects, and the availability of appropriations . The term may be extended for up to four (4) additional one-year periods.

Upon evaluation of the proposals, all five firms were found to meet or exceed the minimum requirements for qualifications of key personnel, ability to perform the work, and demonstrated record of success. The consultants are also required to have extensive experience and proper licensing to perform the required services in the State of California. The City received proposals from the following engineering firms:

No. Firm Hourly Rate
(Project Manager)
1 Civiltec Engineering Inc $200/Hour
2 Dudek $240/Hour
3 GK& Associates $170/Hour
4 SA & Associates $195/Hours
5 Wallace & Associates $170/Hour

On May 24, 2022, the City o f Colton entered into a Professional Services Agreement with Wallace & Associates Consulting LLC, for On Call Engineering Services for the Construction an amount not-to-exceed $50,000.

The Drilling and C onstruction of Well 32 & 33 Project will require con struction management and administration. Staff recommend s increasing the contract by $1 10,000 for a total contract amount of $160,000, which is approximately 4% of the construction cost.

FISCAL IMPACTS

Sufficient appropriations for this contract amendment are available in Water Fund New Wells Capital Improvement Account No. 521-8100-8105-3890-0000-000.

ALTERNATIVES

Provide staff alternative direction.
7 Packet Pg. 291

ITEM NO. 8

STAFF REPORT

DATE: OCTOBER 4, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: APPROVE CONTRACT FOR ENVIRONMENTAL SERVICES WITH

RINCON CONSULTANTS AND REIMBURSEMENT AGREEMENT

WITH APPLICANT FOR AMKO RECYCLING REZONE/GENERAL

PLAN AMENDMENT, MAJOR CERTIFICATE OF

APPROPRIATENESS, CONDITIONAL USE PERMIT AND
ARCHITECTURAL AND SITE PLAN REVIEW APPLICATION.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Authorize the City Manager to execute a Professional Services Agreement (PSA) with Rincon Consultants, Inc. for $99,693.00 to provide environmental services on behalf of the Pennsylvania Avenue Rezone and General Plan Amendment (DAP-001-743 & 775 - AMKO Recycling), as per the terms of the PSA, including exhibits attached thereto.

2. Approve Reimbursement Agreement with John J. Chang, AMKO Recycling, LLC to fund environmental consulting and associated legal services as needed, for processing entitlements for DAP-001-743 and DAP-001-775.

BACKGROUND

On March 3, 2022, the City received a planning application for two properties owned by the same property owner. The request is 1) to allow a General Plan Amendment from “General Commercial Downtown ” to “ Heavy Industrial ” and Change of Zone from C-2/D (General Commercial/Downtown) Zone to M-2 (Heavy Industrial) Zone at 340 West Valley B lvd; 2) General Plan Amendment from “General Commercial” to “Heavy Industrial” and Change of Zone from C-2 (General Commercial) to M-2 (Heavy Industrial) at 115 North Pennsylvania Ave; 3) Conditional Use Permit and Architectural & Site Plan Review to allow enclosure of existing 8 Packet Pg. 292
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outdoor recycling facility and construction of new AMKO Buy-Back Center ; and 4) Major Certificate of Appropriateness for new buildings within the Citrus Park and Terrace Historic Districts (DAP-001-743 and DAP-001-775) (APNs: 0162-136-06,0162-134-09, 12, 23 & 24).

As the lead agency for carrying out and approving the proposed pro ject, the City of Colton is responsible for causing the environmental document to be prepared (CEQA Guidelines, Section 15367). Because the City is the public agency having jurisdiction by law over the project, the environmental document becomes the City’s document to comply with CEQA. Staff, the environmental consultant, and the applicant have agreed to the scope of this proposal.

ISSUES/ANALYSIS

Staff is recommending that one of the City’s pre -qualified environmental consultants, Rincon Consultants, Inc., be selected to continue preparation of the Initial Study. All technical analyses associated with the Initial Study will be prepared directly by the consultant and subconsultants (Traffic/VMT). The consultant’s services will be overseen directly by staff to ensure that content, quality, and timeframe commitments are met.

Staff is also requesting approval of a corresponding Reimbursement Agreement with the applicant to ensure applicant funding of all consultant services, including legal and staff services associated with the project.

The total cost for the environmental services to prepare the Initial Study is $ 114,646.95 ($99,693.00, plus a 15% administrative fee of $ 14,953.95). Pursuant to the attached reimbursement agreement, the applicant is required to submit the funding required prior to initiation of the contract for services.

FISCAL IMPACTS

The applicant will pay the full amount of the $114,646.95 ( $99,693.00 cost of consultant services, plus an additional administrative fee of 15% or $14,953.95). As the application consists of legislative amendments (General Plan Amendment and Zone Change), all staff time spent on processing the applications will be charged “at cost” to the applicant. Revenue to fund the contract will be deposited in General Fund Revenue Account Number 100 -6799-000.

Sufficient appropriations are available in the adopted FY2022 -23 budget for the contract expenditures in General Fund Planning Professional Services Account Number 100 -6300-6301- 2357-0000-000.

ALTERNATIVES
Provide alternative direction to staff.

ATTACHMENT
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Contract Award & Reimbursement Agreement - Rincon Environmental Services / AMKO Recycling
October 4, 2022

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1. Attachment 1._PSA Rincon_DAP-001-743

2. Attachment 2, Reimbursement Agreement DAP-001-743
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CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this ___day of _______, 2022, by and between the City of Colton, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 650 North La Cadena Drive, Colton, California 92324 ("City") and Rincon Consults, Inc., with its principal place of business at 250 East 1st Street, Suite 1400, Los Angeles, California 90012 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

2.2 Project.

City desires to engage Consultant to render such professional environmental consulting services for the General Plan Amendment/Zone Change for 340 West Valley Boulevard and properties at 115 N.

Pennsylvania Avenue (“Project”) (DAP-001-743), Frank Aguilar, applicant, as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

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

3.2 Responsibilities of Consultant.

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

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

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

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

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

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

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

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

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3.2.8 Standard of Care; Performance of Employees . Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services.

Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Cons ultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout t he term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

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

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

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

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

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

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

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

3.2.11 Insurance.

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

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until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this Section.

3.2.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants. Consultant s hall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability : Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability : Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusi on contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another.
(B) Minimum Limits of Insurance . Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.

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

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

Defense costs shall be paid in addition to the limits.

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

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

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

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B). (C) Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, void ed, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

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

Consultant hereby waives its own right of recovery against City, its officials, officers, employees, agents,

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and volunteers, or any other additional ins ureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

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

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

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

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

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

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed one hundred and thirty five thousand and Seven Hundred and one dollars ($99,963.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

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

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

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

3.4 Labor Code Requirements.

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

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

Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.

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

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3.5 Accounting Records.

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

3.6 General Provisions.

3.6.1 Termination of Agreement.

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

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

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

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

Consultant: Rincon Consulting, Inc.

Attn: Charles Holcombe, Supervising Environmental Planner 250 East 1st Street
Los Angeles, CA 90012
City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: Mark Tomich, Development Services Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address.

Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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3.6.3 Ownership of Materials and Confidentiality.

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

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

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

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

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and

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other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without t he prior written consent of City, be used by Consultant for any purposes other than the performance of the Services.

Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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

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

3.6.5 Indemnification.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultan t, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay

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any company or person, oth er than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cau se its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

3.7 Subcontracting.

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

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

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SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF COLTON AND RINCON
CONSULTANTS, INC.

CITY OF COLTON RINCON CONSULTANTS, INC.

By: ____________________________ By:

Wiliam R. Smith Rincon Consulting, Inc.

City Manager

Attest:

____ _________________________
Carolina R. Padilla
City Clerk

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EXHIBIT "A"

SCOPE OF SERVICES

PROJECT UNDERSTANDING
The proposed Project is located at 115 N. Pennsylvania Avenue (APN: 0162-134-12, 23, & 24) in the City of Colton. The site is considered consistent with the revitalization efforts of the existing heavy recycling facility. The project includes the redevelopment of the existing site totaling 428 square feet of office space, 2,016 square feet of retail area, and 7,670 square feet of warehouse space on a site area totaling 26,250 square feet. The total project area is approximately 11 acres. A Con ditional Use Permit (CUP) will be required to approve the project.

Scope of Services
The following key documents will be required to address environmental requirements under the California Environmental Quality Act for the project:
 Initial Study
 Air Quality Analysis
 Greenhouse Gases Analysis
 Biological Resource Assessment
 Phase I Cultural Resource Assessment
 Noise and Vibration Analysis
 Traffic/VMT

Rincon’s work scope involves the preparation of an Initial Study (IS), which we believe is the appropriate document under CEQA. However, if any of our analyses determine that the project would or may have a significant and unavoidable environmental impact, we will contact you immediately to determine an appropriate course of action. This could result in the preparation of an Environmental Impact Report focused on just those identified impacts. We assume that the remaining subjects can be addressed in the IS via quantitative and qualitative evaluation, research, field investigation, existing documentation, and direct analysis, and Applicant provided technical reports.

Task 1 Project Kick-off
The project kick-off meeting will convene the client, City staff, and the Rincon team, virtually, to introduce the project, clarify the scope of work/process, establish preferred methods of communication, and refine the project schedule. Prior to the kick -off meeting, Rincon will submit a list of data and document needs for the project; following the meeting, Rincon will perform an initial review of all materials.

Task 2 Administrative Draft Initial Study
Rincon will prepare an Administrative Draft IS using the CEQA Appendix G environmental checklist. The Administrative Draft IS will address all issue areas in the most recent CEQA Guidelines environmental checklist. To the maximum extent feasible, existing technical studies will be used and may be supplemented with additional technical studies or memorandums. The focus of the analyses will be on whether the project would cause any new significant impacts beyond those previously identified that cannot be miti gated through implementation of uniformly applicable City development policies or standards. Wherever possible, impacts will be quantified and compared to quantitative significance thresholds. Rincon will submit one electronic copy of the Administrative Dr aft IS in MS Word and one compiled PDF including

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all appendices. Rincon estimates three weeks (15 working days) for City review in one set of consolidated comments in a Word document using Track Changes.

Approach to Environmental Topics
Our general approa ch to analyzing the topics in the current CEQA checklist is described below. As appropriate for each topic, applicable mitigation measures will be identified.

Topic Description
Aesthetics, Light, and
Glare
Long-term visual impacts (i.e., visual character and public views from on- site and adjacent areas) resulting from the project will be reviewed based on a visual survey of the site and surrounding uses. The analysis will consider light and glare impacts of proposed structures and vehicle headlights. Other information will be incorporated into exhibits and discussion, if provided, such as building elevations, or artist renderings.

Agriculture and
Forestry
The IS will confirm that there would be no effect on farmland or forestland and that the project would not convert such lands to another use.

Air Quality The analysis will include qualitative and quantitative evaluation of air quality emissions resulting from project construction and subsequent operation. Analysis will be based on the air quality and GHG analysis described in Subtask 2.1, below.

Biological Resources This section will discuss existing biological resources on the project site and consider impacts to species, habitats, wetlands, and wildlife corridors. The discussion will include a summary of General Plan, General Plan EIR, and field survey results (Subtask 2.3, below).

Cultural Resources This section will discuss existing cultural resources on the project site and consider impacts to historic and archaeological resources and human remains. The discussion will include a summary of General Plan, General Plan EIR, and records search findings (Subtask 2.4, below).

Energy The analysis will include qualitative and quantitative evaluation of energy consumption resulting from project construction and operation derived from the air quality and GHG analysis (Subtask 2.2).

Geology and Soils Based on readily available sources (General Plan and General Plan Update EIR, State resource maps, etc.), this analysis will identify existing regional and site-specific geology and soils constraints. As necessary, the analysis will identify erosion control criteria and grading requirements to achieve consistency with the City’s geologic and grading standards and policies.

Greenhouse Gas The analysis will include qualitative and quantitative evaluation of GHG emissions resulting from project construction and subsequent operation. The analysis will be based on the air quality and GHG analyses (Subtask 2.1).

Hazards and
Hazardous Materials
Hazard conditions will be examined, based upon desktop research, including the City’s General Plan and General Plan EIR, State and local hazard maps, and online databases (Cortese List). Open Leaking Underground Storage Tank (LUST) sites have been identified adjacent to the project site;

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Topic Description
therefore, the analysis will include research into clean-up history and appropriate mitigation measures to reduce potential impacts.

Hydrology and Water
Quality Existing hydrology/drainage data for the project area will be review ed to identify any existing localized flooding or drainage problems. The review will consider changes in absorption rates, drainage patterns, storm drain improvements, and downstream effects. The potential for the project to violate water quality standards or waste discharge requirements will also be analyzed. Standard Urban Stormwater Mitigation Plan (SUSMP) and National Pollutant Discharge Elimination System (NPDES) requirements will be referenced and incorporated as appropriate. Water supply discussion will be based on information provided by the Applicant or water use estimates developed by CalEEMod pursuant to Subtask 2.1.

Land Use & Planning This section will analyze the project and applicable environmental planning policies and ordinances, including the City’s General Plan and Development Code. Potential compatibility conflicts with adjacent uses will also be analyzed.

Mineral Resources The IS will confirm that there would be no effect on mineral resources and that the project would not include mining activities.

Noise The analysis will include qualitative and quantitative evaluation of temporary construction and long-term operational noise generated by the project. The analysis will be based on the noise and vibration analysis, as described in Subtask 2.5
Population/Housing The section will evaluate the project’s contribution and related impact to population and housing.

Public Services The project’s environmental effects related to the provision of public services, including fire, law enforcement, educational, and recreational services, will be evaluated. Data sources will include readily available documents, such as the City’s General Plan and General Plan EIR, and contact with local agencies.

Recreation The analysis will address direct impacts to local recreation facilities as well as indirect impacts associated with increased demand for recreational facilities, with an emphasis on the facilities being provided by this project.

Data sources will include the City’s General Plan and General Plan EIR.

Transportation/Traffic The analysis will include qualitative and quantitative evaluation of traffic resulting from project operation based on the Traffic Impact Analysis provided by the project applicant and the Vehicle Miles Travelled (VMT) Impact Analysis to be prepared by Urban Crossroads. The analysis will discuss trip generation and qualitative ly discuss impacts to the local/regional circulation system, VMT, alternative transportation modes, and traffic hazards.

Tribal Cultural
Resources The section will evaluate the project’s impact to Tribal Cultural Resources and incorporate any relevant findings from the cultural resources records search. Rincon will assist the City with Native American consultation in accordance with Assembly Bi ll (AB) 52. We assume that the City will

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Topic Description
provide a list of tribes who have requested AB 52 notification from the City. Rincon will draft letters and maps for Native American tribal contacts. The results of the City’s consultation with tribes will be summarized in the IS-MND.

Utilities and Service
Systems Impacts to existing infrastructure, including water, wastewater, and solid waste facilities will be evaluated. Water demand and wastewater and solid waste generation will be quantified using information provided in the air quality and GHG modeling (Subtask 1.1) and compared to current and future system capacity. This section will also rely on information from utility providers.

Wildfire The IS will indicate the distance to the nearest wildfire zone and discuss potential impacts related to wildland fire.

Technical Tasks
Upon authorization of the scope of services, Rincon and the City will discuss the availability of any other existing or anticipated project -specific technical studies, if applicable, tha t may be prepared by the Applicant.

The scope of services herein includes the following additional technical tasks to supplement any existing technical studies, to establish and/or confirm existing baseline project site conditions, and to identify potential project impacts.

Subtask 2.1 Air Quality and Greenhouse Gas Analysis
The Air Quality and GHG Emissions Study will consider both temporary construction and long - term operational emissions. The analysis will include the following tasks:
 Evaluate the existing conditions of the project study area; this will include gathering background air quality data, local wind patterns in the study area and identifying applicable rules, plans and thresholds of significance.  Identify construction-related air quality impacts from associated construction activities at the project site which may include demolition, import/export of fill dirt, mass grading, building construction, paving, concrete pouring, etc.  Evaluate operational emissions for the proposed project, based upon trip generation projections provided as part of the traffic study. In addition, emissions from other operational sources such as heaters, air conditioners, water heaters, consumer products, cargo handling equipment (CHE), and lawn care equipment will also be considered.  A screening-level carbon monoxide (CO) Hotspot analysis of future conditions at key intersections located in the project study area will be prepared. It is anticipated that a qualitative discussion on CO Hotspot potential and rationale as to why more detailed modeling of CO Hotspot analysis is not required.
 Perform Construction Localized Significance Threshold (LST) analysis as

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recommended by the South Coast Air Quality Management District (SCAQMD) for construction and operational activity.
 Evaluate potential odor impacts resulting from the proposed project. Identify applicable mitigation measures and regulatory requirements that the project must comply with to minimize odors. For purposes of this evaluation a qualitative assessment of odors and odor controls is expected.
 Qualitatively discuss cumulative impacts within the context of planned and foreseeable projects for short-term construction and long-term operational activity. A “list” approach per CEQA will be utilized when discussing cumulative impacts using the list of cumulative projects identified in the traffic report. Since the basin is in nonattainment the determination of significance will likely be based on whether or not the Project results in a substantial incremental increase.  Identify and recommended mitigation measures that are feasible to implement and that will reduce any potential impacts to the maximum extent possible. Prepare an air quality report that incorporates the findings and all supporting calculations.

Air Quality Response to Comments
 Revise the air quality study report based on comments provided by the Client and Lead agency for up to 1 review cycle.

The results of the air quality and GHG analysis will be summarized in the respective sections of the IS. A standalone technical report is being proposed. The technical report will be appended to the IS, as appropriate.

Greenhouse Gas
 Evaluate applicable federal and state regulatory requirements (i.e., AB32, SCAQMD, CARB thresholds). Qualitatively discuss the effects of GHG emissions on regional air quality.
 Evaluate applicable GHG emissions associated with heavy-duty construction equipment combustion that will likely occur during the various phases of construction. Data available from the project team and tech nical air quality analysis will be utilized in characterizing GHG- generating activities.
 Evaluate operational GHG emissions for the proposed project which will include emissions from mobile sources, heaters, air conditioners, water heaters, consumer products, cargo handling equipment (CHE), and lawn care equipment will also be considered.
 Evaluate project significance based on an applicable Climate Action Plan or direction provided by the Project CEQA preparer and/or the lead agency.  Identify and recommend mitigation measures that are feasible to implement and that will reduce any potential impacts to the maximum extent possible. Prepare a greenhouse gas report that incorporates the findings and all supporting calculations.

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Greenhouse Gas Response To Comments
 Revise the greenhouse gas study report based on comments provided by the Client and Lead agency for up to 1 review cycle.

Subtask 2.2 Energy Analysis
To address potential energy issues, Rincon will estimate project related energy consumption and prepare an analysis. The energy analysis will include the following tasks:
 Characterize the state of the energy resources and relevant federal, state, and local standards and regulations. Existing statewide or regional energy resources will be summarized. Sources of information will include energy utility providers, the California Energy Commission, the U.S. Department of Energy, and energy trade and research organizations.
 Calculate construction fuel consumption. The construction data used for air quality calculations will be used to estimate the fuel consumption associated with project construction.
 Calculate energy demand associated with project operations (i.e., post-construction) using project data on energy demand based on the greenhouse gas analysis prepared for the project. Vehicle fuel consumption will be based on average fuel consumption per vehicle identified in the current California Air Resources Board’s Emission Factor Model (EMFAC 2014).
 Evaluate the potential for long-term operational energy demands, combined with construction energy demands, to comprise a significant increase in energy demand over that projected for the City and region. The quantitative estimates of construction and operational energy needs will be used to assess whether the project’s energy use would be considered wasteful, inefficient, or an unnecessary consumption of energy. Should significant impacts be identified, appropriate mitigation measures to reduce energy demand will be evaluated.

The energy analysis will be included in the IS and a separate technical report will not be prepared.

All energy calculations will be included as an appendix to the IS.

Subtask 2.3 Biological Resources Survey and Analysis
Because the project site is largely disturbed, and is in a fully urbanized area; however, the natural habitat value of the site and its immediate surroundings are unknown expected to be limited.

Therefore, Rincon will conduct a field reconnaissance survey to assess the project site for it’s potential to support sensitive biological resources and to characterize and map project -specific existing conditions to supplement the findings of the Initial IS.

Additionally, Rincon will conduct a literature review of relevant documents that have been prepared for the site, including a database search of the California Department of Fish and Wildlife California Natural Diversity Database and the United States Fish and Wildlife Service Information for Planning and Consultation (IPaC) Online System. The findings on the field reconnaissance and literature review will be incorporated directly into the IS. The IS will include an appendix with representative photographs displaying the general condition of the project site

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and existing biological resources, as well as the database search resul ts. If significant biological resources are identified, Rincon will notify the Client prior to proceeding on the IS.

Assumptions
• The Client will confirm the availability of any documentation pertaining to Biological Resources for the project site to determine the potential of biological resources that may have been and/or may be present on the project site, and to confirm proper handling of such resources during previously demolition activities have occurred. • Site access will be granted prior to the field reconnaissance survey. • This scope does not include focused species surveys.
• The methods and results of the Biological Resources Survey will be documented directly in the IS; therefore, a stand-alone biology report is not included. • The IS will include an appendix with representative photographs displaying the general condition of the project site and existing biological resources, as well as the database search results.

A Rincon biologist will conduct a field reconnaissance survey to assess the project site for biological resources, establish existing project site-specific conditions to supplement the findings of the IS, and determine if any existing resources onsite are considered to be sensitive. Findings will be directly incorporated into the IS.

Subtask 2.4 Cultural Resources Analysis
This scope of work and cost assume no cultural or paleontological resources will be found during the cultural and paleontological resources study. Should cultural and/or paleontological resources be discovered, additional work may be required, and a scope and budget augmentation will be provided to complete a full cultural resources technical report and/or a paleontological resources technical report to addressing the project finds.

In addition to the archaeological inventory records and reports, an examination will be made of Archaeological Determinations of Eligibility (DOE) listings, historic maps, and the OHP - prepared Built Environment Resource Directory (BERD) for communities in the project site. The BERD can contain listings in the NRHP, California Register of Historical Resources (CRHR), State Historical Landmarks, and California Points of Historical Interest. In addition, listings for designated local resources will be reviewed. Rincon assume SCCIC direct expenses will not exceed $600 and due to the Covid-19 Pandemic, the results will be received within 6 to 12 weeks.

Native American Outreach
Rincon will contact the California Native American Heritage Commission (NAHC) for a review of their Sacred Lands File (SLF). The NAHC will determine if any NAHC -listed Native American sacred lands are located within or adjacent to the project site. The NAHC will also provide a list of local Native American individuals and groups who may have knowledge of, or concerns about, Native American resources in the area. Rincon will provide this list to the lead agency. This task does not constitute government -to- government consultation under Assembly Bill 52 (AB 52). Rincon assumes that any AB 52 consultations needed will be completed by the lead agency.

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Cultural Resources Survey
Upon receipt of the records search results, Rincon will conduct a cultural resources survey of the project site. For the purposes of this proposal and cost estimate, Rincon assumes that no cultural resources will be encountered that require recordation or updates. Should any cultural resources be identified within the records search or during the survey, a change order for formal recordation or record updating would be requested. No testing or excavation will be conducted, nor will any artifacts, samples, or specimens be collected during the survey. Rincon assumes that the survey may be completed in one (1) 8-hour workday by one (1) archaeologist, including travel time.

Negative Findings Letter Report
Rincon will prepare a short letter format report that will include a project description, summary of background research, survey methods, management recommendations, and figures. An electronic copy (PDF) of the draft report will be submitted to the lead agency fo r review and approval. Rincon assumes that one round of minor comments may be requested by the lead agency. The report will be finalizing following completion of the review cycle. Electronic copies will be provided to the lead agency and to the SCCIC. This scope of work and cost estimate assumes no hardcopies will be produced by Rincon.

Paleontological Resources Records Search and Desktop Review Upon authorization to proceed, Rincon will request a paleontological resources records search through the Natural History Museum of Los Angeles County (LACM) to identify the potential for fossil-sensitive formations to be impacted by the project. Rincon will also review geologic and soils maps, and any available geotechnical studies. The primary purpose of the records search is to identify any previous recorded paleontological resources within or adjacent to the project site, that have been discovered in similar sediments that are found within the project site, and to determine the overall paleontological sensitivity of the project site. Rincon assume paleontological resources records search direct expenses will not exceed $300 and the results will be received within 2 to 6 weeks.

Rincon will incorporate the information within the finalized Negative Findings Letter Report and the Paleontological Technical Report into the appropriate section of the Initial Study. This information will be modified to match the format of the overall CEQA document.

Rincon assumes that one round of minor comments may be requested by the lead agency.

Subtask 2.5 Noise and Vibration Analysis
The Noise and Vibration Technical Study will be conducted in accordance with City of Colton guidelines, standards, and ordinances. The report will consider both temporary construction and long -term operational noise from the project. The noise analysis will include the following tasks:
• Identify and review applicable, Federal, State and Local Noise criteria. This includes the City of Colton Noise Element and Municipal Code to determine appropriate noise standards and significance criteria.
• Collect long-term 24-hour ambient noise level measurements in the Project study area at up to six locations to quantify the existing noise environment. All noise level

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measurement equipment will satisfy American National Standards Institute (ANSI) standard specifications for sound level meters ANSI S1.4-2014/IEC 61672-1:2013.

The noise level measurements will be collected consistent with the criteria outlined in the Municipal Code. Briefly describe the ambient noise conditions in the Project study area.
• Calculate the off-site traffic noise contour boundaries for the baseline (existing) conditions, opening year and future conditions on up to twenty study area roadway segments. Calculate the future Project contributions by comparing the "with" and "without" Project noise contours on the study area roadways for the proposed project.

Determine if the Project will create a significant noise impact on any analyzed roadway segments.
• Collect reference noise level measurements to represent the expected stationary source impacts associated with the proposed AMKO Recycling Facility Project land uses.
• Evaluate the potential stationary source noise impacts associated with the operation of the proposed Project and recommend measures to reduce the potential noise impacts to any nearby noise-sensitive uses. • Provide a detailed construction noise and vibration analysis for each stage of construction using reference noise level measurements of similar activities. • Summarize the results of the study in a noise impact analysis report addressing the potential impacts associated with the Project and provide the appropriate measures to reduce the impacts to levels of less than significant.

Noise Analysis Response To Comments
• Revise the Noise study report based on comments provided by the Client and Lead agency for up to 1 review cycle.

The results of the noise and vibration analysis will be summarized in the respective section of the IS. A standalone technical report is proposed. Model outputs and calculations will be appended to the IS, as appropriate.

Subtask 2.6: Vehicles Miles Traveled (VMT)
A VMT Technical Study will be conducted for the project by Urban Crossroads as a subconsultant to Rincon and will include the following:
• Review applicable VMT screening thresholds to determine if any apply to the Project. • Make adjustments to socio-economic data (SED) within a separate Traffic Analysis Zone (TAZ) to represent the project site to reflect the Project’s specific land use in the SBTAM.
• Run base year SBTAM model inclusive of SED changes.
• Run cumulative year SBTAM model inclusive of SED changes. • Calculate the Project generated VMT per employee based on the base year and cumulative year model runs.
• Compare the Project VMT per employee with the baseline average VMT per employee for the City of Colton and apply specific thresholds.

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• If impacts to VMT are found to be potentially significant, then where applicable, identify Transportation Demand Measures (TDM) to reduce VMT. • Summarize the results of the VMT analysis in a letter report.

VMT Response To Comments
• Revise the draft report based on comments provided by the Lead agency for up to 1 review cycle.
• Assist the CEQA preparer with preparation of response to comments on the draft CEQA document.

Trip Generation Assessment
• Conduct driveway counts at up to 4 existing driveways over 3 consecutive days. Client to provide existing square footage information. Count data collected will be used to • determine trip generation associated with existing uses and will be used to develop a site- specific trip generation rate on a per thousand square foot basis. • Calculate project-related vehicle trips based on the trip generation rates developed as part of this Task. Raw vehicle trips will then be converted to passenger car equivalent (PCE) values based on the PCE factors commonly used in City to perform capacity and level of service analysis.
• Determine whether a traffic study is required in accordance with the City of Colton traffic study guidelines.
• Summarize the results in a letter report/scoping document for submittal to the City.

VMT Response To Comments
• Revise the draft report based on comments provided by the Client and Lead agency for up to 1 review cycle.

Subtask 2.7: Level Of Service (LOS) Based Traffic Study (OPTIONAL) If the trip generation assessment indicates that the trip generation for the proposed project would exceed the City’s thresholds, then a traffic study must be prepared, and the following tasks would be applicable. A formal traffic study scoping document will be submitted to City staff for review approval prior to commencement of the traffic analysis. This is not included in our current scope and fee.
• Trip generation for the project will be consistent with trip generation scope, as described above.

Determine project trip distribution patterns for both passenger cars and trucks. Truck distribution patterns will be based on truck routes, the site’s proximity to the regional freeway system and likely distribution of traffic if a future tenant is known. Passenger car distribution patterns will be based on existing and planned land uses in the area along with the planned circulation system. Based on the project-related trip generation and trip dist ribution patterns; establish the required study area intersections to be evaluated in the traffic impact analysis based on the City’s traffic study guidelines, or as directed by the lead agency. Identify known cumulative development projects and ambient growth patterns. Prepare a draft of the traffic study scoping assumptions and

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submit it to the jurisdiction for review and approval. Interface with jurisdiction staff to finalize the traffic study scoping agreement.
• Conduct new weekday morning (7am-9am) and weekday evening (4pm-6pm) peak hour turning movement count data at up to 3 intersections and 24-hour tube counts on up to 2 roadway segments. Field inventory of intersection traffic control measures, approach lanes at intersections, and through travel lanes along segments. • Prepare future long-range traffic forecasts for Without Project conditions based the San Bernardino County Transportation and Analysis Model (SBTAM). Review the initial estimates of the raw peak hour turning movement volumes for reasonableness, including the review of traffic flow conservation and peak-to-daily volume ratios.

Adjust the initial raw model estimates to achieve flow conservation, reasonable growth, and plausible diversion between parallel routes through post-processing.

Calculate Horizon Year future ADT and peak hour turning movement volumes for up to 3 study area intersections.
• Estimate trip generation and trip distribution for other (cumulative) development based on the latest ITE Trip Generation Manual (11th Edition 2021). It is estimated that up to 35 individual cumulative development projects may need to be included in this traffic analysis. As such, this scope of work assumes that this number of cumulative projects will need to be modeled as part of the future year cumulative traffic forecasting process. Calculate cumulative near-term future ADT and peak hour turning movement volumes for up to 3 study area intersections. • Assess intersection capacity and level of service (LOS), for up to 3 study area intersections plus Project driveways for each of the following traffic conditions, based on the latest HCM methodology (6th Edition):
• Existing
• Opening Year Cumulative Without Project
• Opening Year Cumulative With Project
• Horizon Year (2040) Without Project
• Horizon Year (2040) With Project
• Perform traffic signal warrant analyses, for unsignalized study area intersections, for each of the traffic scenarios described in Task LOS-5.5. Recommend improvements necessary to maintain acceptable intersection performance at the study area intersections for each of the future traffic scenarios described in Task LOS-5.5. Lastly, evaluate existing transportation impact fee programs in the City of Colton.

• Conduct a queuing analysis at Project access points. The analysis will identify the necessary lengths of turn pockets with storage and appropriate turn pocket transitions which adheres to the General Plan roadway classifications for the site adjacent roadways.
• Include a detailed analysis to demonstrate how project truck traffic (e.g., large trucks such as a WB-67) would enter and exit the Project site. Include a discussion of potential impacts resulting from turning maneuvers by large trucks entering and exiting the site, along with diagrams demonstrating the feasibility of such maneuvers at site access driveways. Exhibits will be provided which illustrate ingress and egress

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truck circulation.
• Prepare a draft traffic report that incorporates the findings and all supporting calculations.

LOS Response To Comments
• Revise the draft traffic study report based on comments provided by the Client and Lead agency for up to 1 review cycle.

TASK 3 SCREENCHECK AND PUBLIC IS-MND AND NOTICE OF INTENT The Administrative Draft IS-MND will be revised based on the comments received from City staff and incorporated into a Screencheck IS -MND prepared ready for public and agency review. Any final revisions from City review will be made based on a single set of consolidated comments provided in an editable format (MS Word). It is assumed only minor edits will be received on the Screencheck IS -MND not requiring any additional analysis. Rincon will incorporate those edits into a publishing-ready IS-MND.

Rincon wi ll work with the City to develop the Notice of Intent (NOI) to Adopt a Mitigated Negative Declaration. The NOI will include a link to the location on the City’s website where the IS-MND can be reviewed on -line, and the locations where hard copies (optional ) of the IS- MND can be reviewed in- person.

Rincon will submit the IS-MND to the State Clearinghouse (SCH) for a 30-day public review.

Submittal will include uploading the IS -MND, NOI, an SCH Summary Form, and an SCH Notice of Completion to the SCH’s CEQAnet web portal, and it is assumed that no CDs or hard copies will be required. Note that a 30- day public review period will be required. The City will be responsible for posting the NOI and the IS on the City’s website and with the County Clerk, publishing the NOI in the newspaper, and addressing any direct mailing of notices required by the City.

TASK 4 FINAL IS-MND
Upon receipt of all public comments on the IS -MND, Rincon will prepare draft responses for City review. Upon receipt of internal review commen ts on the draft responses, we will incorporate changes and prepare the Final IS -MND. Up to 17 hours of professional time has been identified for this task. Upon Final IS -MND approval, Rincon will provide digital copies of the Final IS-MND (including responses to comments) in PDF form.

Rincon will prepare a Mitigation Monitoring and Reporting Program (MMRP) in a City - preferred format. Rincon will work with the City to finalize and file the Notice of Determination (NOD) with the County Clerk and State Clearin ghouse. The City or applicant will be responsible for the applicable administrative and CDFW filing fees.

TASK 5 GENERAL PROJECT MANAGEMENT

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The Principal -in-Charge of this contract will be Deanna Hansen. The Supervising Project Manager for this project will be Charles Holcombe, MBA. Mr. Holcombe will act as the primary point of contact between the City of Rialto, Applicant, and project team as needed.

This task will include coordination with the City and project team. Mr. Holcombe can be reached at Rincon’s Redlands office via email, [email protected], and telephone, (909) 312-2938, or cell at (909) 725-8304.

TASK 6 PUBLIC HEARINGS
If requested by the City, Rincon will attend two public hearings on the project. We can attend additional hearings at the request of the City in accordance with our standard fee schedule.

Assumptions
The preceding scope is based on the following assumptions:
• The project is subject to CEQA only, with the City acting as CEQA Lead Agency. • The City or Applicant will provide a stable project description, project site plan, and any technical studies that may be completed for the project site (i.e., Geotechnical Evaluation, Preliminary Hydrology Study or Low Impact Design Plan, Water Quality Management Plan, Phase I Environmental Site Assessment, etc.). The Applicant will confirm the availability of any documentation pertaining to Biological Resources and Cultural Resources for the project site to determine the potential of biological and/or cultural resources that may have been and/or may be present on the project site, and to confirm proper handling of such resources during previously demolition activities have occurred. • Adjustments required as a result of changes to the project description and/or site plan, once technical analyses are underway, are not included in this scope and may require a task amendment pending complexity of project description and/or site plan changes. • Costs have been allocated to tasks based upon Rincon’s proposed approach. Rincon has the discretion to re-allocate costs among tasks and/or direct costs as circumstances warrant so long as the adjustments maintain the total budget within its authorized amount. • Direct costs are estimated; actual costs will be invoiced and may be greater than estimated; however, will not be greater than the project’s not to exceed budget. • The City and Applicant will be responsive to information needs, access requests, and review timeframes to allow Rincon to maintain project momentum. • City’s review of the Administrative Draft IS-MND, including technical analyses, is assumed to require up to three weeks (fifteen business days) to complete, and the City will provide comments in a consolidated, electronic, and editable format (Word and/or PDF). • One round of revisions to the Administrative Draft IS-MND, including technical analyses, is included in this scope of services. Referred to in our scope as the Screencheck Draft IS- MND.
• All draft documents will be provided electronically (Word and PDF). All final documents will be provided electronically. No hard copies of the IS-MND will be provided. If required, CDs or hard copies can be provided at cost in accordance with Rincon’s standard printing fees. Overnight shipping from our Production office in

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Ventura has been estimated to be approximately $50 per shipment, should hard copies or CDs be required. This cost is not included in our fee. Rincon has assumed up to 17 hours of staff time to respond to public and agency comments on the published IS-MND. If the volume or length of public comments received require more time to provide adequate responses, additional staff time may be provided in accordance with Rincon’s standard fee schedule.

Schedule
Rincon will complete the environmental review process based on the following schedule:
• Administrative Draft IS to be submitted for City review within 18 weeks of notice to proceed and receipt of stable project site plans, project description, and any available technical studies completed to date.

Based on these timeframes and assuming three -week City review of the Administrative Draft IS and technical task document s, we believe that the environmental review process can be completed within five to six months.

Cost
Our proposed budget for the above work program is $99,693. An optional Level Of Service (LOS) study may be required, based on the outcome of the Traffic St udy. If required, the optional task will total
$15,800 in costs (not included in the below fee table). The following table shows a breakdown of costs by task. As previously noted, this cost estimate assumes a determination that all potential project impact s are less than significant or can be mitigated below a level of significance. If it is determined that potentially significant and unavoidable impacts may occur and an EIR needs to be prepared for the project, Rincon will submit a separate scope and cost for the required tasks.

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EXHIBIT "B"

SCHEDULE OF SERVICES

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COMPENSATION
Rincon Fee Schedule Page 1 of 3l Sciences and Planning Services Professional, Technical and Support Personnel* Hourly Rate Principal II $295
Director II $295
Principal I $280
Director I $280
Senior Supervisor II $245
Supervisor I $228
Senior Professional II $212
Senior Professional I $197
Professional IV $174
Professional III $161
Professional II $145
Professional I $128
Associate III $117
Associate II $102
Associate I $95
Senior GIS Specialist $160
GIS/CADD Specialist II $140
GIS/CADD Specialist I $125
Technical Editor $130
Project Accountant $110
Billing Specialist $95
Production Specialist $105
Clerical $95
*Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability experts, cultural resources experts, and other professionals. Expert witness services consisting of depositions or in-court testimony are charged at the hourly rate of $375.

Reimbursable Expenses
Direct Cost Rates
Photocopies – Black and White $0.20 (single-sided) & $0.40 (double-sided) Photocopies – Color $1.50 (single-sided) & $3.00 (double-sided) Photocopies – 11 x 17 $0.50 (B&W) & $3.30 (color)
Oversized Maps $8.00/square foot
Digital Production $15/disc and $20/flash drive
Light-Duty and Passenger Vehicles* $88/day
4WD and Off-Road Vehicles* $140/day
* $0.65/mile for mileage over 50 and for all miles incurred in employee-owned vehicles.

Other direct costs associated with the execution of a project that are not included in the hourly rates above, are billed at cost plus 15%. These may include, but are not limited to, laboratory and drilling services, subcontractor services, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by the above charges.

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Rincon Fee Schedule Page 2 of 3
Annual Escalation. Standard rates subject to annual escalation . Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment.

Invoices are delinquent if not paid within ten (10) days from receipt or per the contractually required payment terms.

Equipment Day Rate
Environmental Site Assessment
Soil Vapor Extraction Monitoring Equipment $155
Four Gas Monitor $133
Flame Ionization Detector $107
Photo Ionization Detector $80
Hand Auger Sampler $60
Water Level Indicator, DC Purge Pump $45
Natural Resources Field Equipment
UAS Drone $268
Spotting or Fiberoptic Scope $165
Pettersson Bat Ultrasound Detector/Recording Equipment $165 Sound Level Metering Field Package (Anemometer, Tripod and Digital Camera) $110 GPS (Sub‐meter Accuracy) $65
Infrared Sensor Digital Camera or Computer Field Equipment $55 Scent Station $22
Laser Rangefinder/Altitude $11
Pit‐fall Traps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar $9 Mammal Trap, Large/Small $1.50/$0.50
Water and Marine Resources Equipment
Boat (26 ft. Radon or Similar) $600
Boat (20 ft. Boston Whaler or Similar) $335
Multi Parameter Sonde (Temp, Cond, Turbidity, DO, pH) with GPS $165 Water Quality Equipment (DO, pH, Turbidity, Refractometer, Temperature) $60 Refractometer (Salinity) or Turbidity Meter $37
Large Block Nets $110
Minnow Trap $95
Net, Hand/Large Seine $55
Field Equipment Packages
Standard Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet, Safety Equipment, and Botanic Collecting Equipment)
$110
Remote Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet and Mifi, Delorme Satellite Beacon, 24‐Hour Safety Phone)
$140
Amphibian/Vernal Pool Field Package (Digital Camera, GPS, Thermometer, Decon Chlorine, Waders, Float Tube, Hand Net, Field Microscope)
$165
Fisheries Equipment Package (Waders, Wetsuits, Dip Nets, Seine Nets, Bubblers, Buckets) $55 Underwater and Marine Sampling Gear (U/W Photo/Video Camera, Scuba Equipment (Tanks, BCD, Regulators, Wetsuits, etc.)
$55/diver
Marine Field Package (PFDs – Personal Flotation Devices, 100-foot Reel Tapes with Stainless Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, Various Field Guides)
$55
Insurance, Hazard and Safety Fees
L&H Dive Insurance $55/diver
Level C Health and Safety $65 person

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Rincon Fee Schedule Page 3 of 3

TRANSLUTIONS, INC. FEE SCHEDULE

HOURLY BILLING RATES BY CLASSIFICATION
January 1 to December 31, 2022

Travel Charges: At Cost
Translutions billing rates are same for regular business hours and outside Billing rates for attendance at public meetings, and administrative tasks related to this contract will remain the same as the standard billing rate. If expert witness testimony is required, the billing rate is $400 per hour for Principals.

All submittals are generally submitted in PDF format. If mailing, postage, printing, binding, etc. are required, they will be billed at cost.

Translutions uses the standard IRS mileage rates.

Notes
1) Rates shown are subject to an annual increase on January 1 of each year. 2) Project direct costs are invoiced at actual cost and backup is provided. Direct costs include project- related costs such as transportation, mileage at IRS standard auto mileage rate, subsistence, reproduction, plotting and subcontractor services.

NAME/JOB CLASSIFICATION HOURLY RATE
Sandipan Bhattacharjee, Principal $240
Deepali Chausalkar, Principal $195
Robert Aguirre, Senior Transportation Planner $185
Ravi Palakurthy, Lead Transportation Modeler $180
Transportation Intern $85
GIS/Graphics Specialist $85
Word Processer $85

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CITY OF COLTON

REIMBURSEMENT AGREEMENT FOR LAND USE ENTITLEMENT PROJECT

GENERAL PLAN AMENDMENT, CHANGE OF ZONE, CONDITIONAL USE PERMIT AND ARCHITECTURAL AND SITE PLAN REVIEW FOR 340 W. VALLEY BOULEVARD AND 115 PENNSYLVANIA AVENUE,

FRANK AGUILAR, APPLICANTS
(DAP-001-743)

1. PARTIES AND DATE.

This Reimbursement Agreement ("Agreement") is made this ____day of October, 2022, by and between the City of Colton, a California municipal corporation ("City"), and Frank Agilar with principal place of business at 340 West Valley Boulevard CA 92324 (“Applicant”). City and Applicant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1. Property. The owner , Riverside Construction Company , of that certain real property located within the City of Colton, County of San Bernardino , California , and more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (“Property”).

2.2 Project. The Applicant is contemplating the development of the Property as described in Exhibit “ B” attached hereto and incorporated herein by reference (“Project”) . The Applicant has submitted an application for discretionary land use approvals for the Project, including those listed in Exhibit “C” attached hereto and incorporated herein by reference, as well as all related environmental review pursuant to the California Environmental Quality Act ("CEQA") and other applicable laws, rules and regulations.

2.3 Consultants. To provide the City with the needed expertise and information necessary for the City's review process concerning the Project, it is or may become necessary for the City to access the services of certain outside legal, environmental, planning and other experts for the Project ("Consultants").

2.4 Reimbursement. As a condition to the City's completion of the Project review process, the Applicant has agreed to reimburse the City for the Consultants’ costs and expenses related to the City's Project review process, as well as any other out -of-pocket expenses incurred by the City, in the manner and amounts set forth in this Agreement. The Applicant's reimbursement of City under this Agreement will ensure that the City has the necessary resources to diligently and efficiently process the Applicant's Project.

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3. TERMS.

3.1 Incorporation of Recitals. The Parties agree that the Recitals constitute the factual basis upon which the City and the Applicant have entered into this Agreement. The City and the Applicant each acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated into this Agreement as though fully set forth at length.

3.2 City Selection of Consultants. As a necessary and indispensable part of its fact finding process relating to the review of the Applicant's proposed Project and uses of the Property, the City shall retain the services of Consultants to provide advice as the City may deem necessary in its reasonable and sole discretion. The City has thus far retained or is prepared to retain (either directly or as subconsultants) those Consultants listed in Exhibit “D” attached hereto and incorporated herein by reference, but shall have the right to reta in any additional consultants or sub-consultants pursuant to this Agreement. The contemplated general scope of work of the Consultants for the Project is also described in Exhibit "D" attached hereto, but the City reserves the right, in its reasonable and sole discretion, to amend the scope of work as it deems necessary and appropriate to the City's proper review and consideration of the Applicant's Project.

The Applicant agrees that, notwithstanding the Applicant's reimbursement obligations under this Agreement, Consultants shall be the contractors exclusively of the City and not of the Applicant. Except for those disclosures required by law, including, without limitation, the Public Records Act, all conversations, notes, memoranda, correspondence and ot her forms of communication by and between the City and its Consultants shall be, to the extent permissible by law, privileged and confidential and not subject to disclosure to the Applicant. The Applicant agrees that it shall have no claim to, nor shall i t assert any right in any reports, correspondence, plans, maps, drawings, news releases or any and all other documents or work product produced by the Consultants.

3.3 Applicant to Cooperate with Consultants. The Applicant agrees to cooperate in good faith with the Consultants The Applicant agrees that it will instruct its agents, employees, consultants, contractors and attorneys to reasonably cooperate with the Consultants and to provide all necessary documents or information reasonably requested of th em by the City and/or the Consultants; provided, however, that the foregoing shall not require the disclosure of any documents or information of the Applicant which by law is privileged, proprietary, confidential, and exempt from disclosure under the Public Records Act.

3.4 Applicant's Reimbursement of Costs and Expenditures . The Applicant shall reimburse the City for one hundred percent (100%) of the actual fees, costs and other expenditures incurred by the City relative to the Consultant costs, as well as staff services associated with the Project, other out-of-pocket expenses incurred by the City ("Costs"). The City has preliminarily reviewed the scope(s) of work required and has estimated the aggregate Costs for all Consultants and City staff to be ninety nine thousand and six hundred ninety three dollars ($99,693.00), plus an additional administrative fee of 15% fourteen thousand nine hundred and fifty three dollars and ninety five cents ($14,953.95) ("Estimated Costs"). Within ten (10) calendar days of the execution of this Agreement, the Applicant shall submit deposit in the amount of $99,963 and separate check in the amount of $ 14,953.95 to cover the initial Estimated Costs, which amount the City shall separately account for in a Project deposit account ("Deposit Account").

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As the Consultants invoice the City for fees, costs, and expenditures associated with the Project, staff charge their time for services associated with the Project, and City Attorney charges for legal services associated with the Project, the City may draw upon the Deposit Account to make the required payments. At any time that the Deposit Account drops below ($10,000), the City may make demand on Applicant to replenish the Deposit Account to reach the minimum Fifteen Thousand Dollars ($15,000) , or alternative minimum amount upon City entering contract(s) with environmental consultant(s) for Project, and Applicant shall submit the required amount of funds to City within ten (10) calendar days. In the event Applicant fails to make any required deposit, City shall have the right to consider Applicant's Project applications as withdrawn and cease processing such applications.

City shall not exceed the Estimated Costs without consulting with Applicant regarding the need for additional services which cause the Costs to exceed the Estimated Costs ("Excess Costs").

The City shall use reasonable good faith efforts to consult with the Applicant prior to amending any scope of services to be provide d by the Consultants and incurring Excess Costs. The Applicant's obligation to reimburse the City for Excess Costs shall be contingent upon the City providing Applicant with written notice of the amendment of the scope of services to be performed by any Consultant and the estimated cost thereof prior to the commencement of work. Once the City provides such notice, Applicant shall be obligated to pay the Excess Costs in the same manner as the Estimated Costs provided above, including, but not limited to, r eplenishing the Deposit Account.

For purposes of this Section, the City shall be deemed to have consulted with the Applicant when the City has provided written notice to the Applicant that the City reasonably anticipates that it will incur, or has incurred, Excess Costs. If, after consultation, the Applicant disagrees with the City's incurring of Excess Costs, then the Applicant's sole and exclusive remedy will be to terminate this Agreement pursuant to Section 3.6 of this Agreement, subject to the Appl icant's obligation to reimburse the City for all Costs incurred by the City prior to the date of termination, whether or not yet paid by the City to any Consultants.

The City shall maintain accurate records of invoices received from, and payments made to, the Consultants resulting from the Project, and will provide a payment summary to Applicant within a reasonable time upon request. In the event that excess funds remain in the Deposit Account upon conclusion of the Project and after all final payments t o the Consultants have been made, the City agrees to refund that excess amount, if any, to Applicant within fifteen (15) days of final payment to the Consultants. Alternatively, if the Costs of the services of the Consultants exceed the Estimated Costs and Excess Costs, if any, then Applicant shall remain obligated to pay for all such Costs. Applicant shall pay any such amount within ten (10) calendar days of demand for payment by City.

3.5 Term. The term of this Agreement shall commence on the date that this Agreement is approved by the City Council and fully executed by the Parties, and shall terminate when all services required for the project by Consultants have been completed to the City's reasonable satisfaction and the Applicant has satisfied all of its obligations under this Agreement . For purposes of this section, Applicant's obligations shall include, but shall not be limited to, its

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obligation to reimburse the City for Estimated Costs and Excess Costs, whether or not paid by the City to Consultants prior to the date of termination. The Applicant's obligation to reimburse the City as provided in this Agreement shall survive the natural expiration of this Agreement pursuant to this section, as well as the termination of this Agreement pursuant to Section 3.6.

3.6 Early Termination.

3.6.1 By City. The City may, in its reasonable and sole discretion, terminate this Agreement prior to the term set forth in Section 3.5 above, without cost or liability to the City, upon thirty (30) days prior written notice to the Applicant in the event that Applicant either: (1) fails to satisfy any obligation of this Agreement; or (2) fails to reasonably prosecute its application(s) for the Project.

3.6.2 By Applicant. The Applicant may, in its reasonable and sole discretion, terminate this Agreement prior to the end of the term set forth in Section 3. 5 above, upon thirty (30) days' prior written notice to the City; provided, however, that Applicant's right to so terminate this Agreement is expressly contingent upon Applicant satisfying both of the following: (1) Applicant shall give City written notice withdrawing its application(s) for the Project; and (2) Applicant shall satisfy all of its obligations under this Agreement up through the proposed effective date of termination. For purposes of this section, Applicant's obligations shall include, but shall not be limited to, its obligation to reimburse the City for Estimated Costs and Excess Cost s, whether or not paid by the City to Consultants prior to the date of termination.

3.6.3 Notice to Consultants . Within two (2) working days following either the City's decision to terminate this Agreement or the City's receipt of written notice ind icating the Applicant's decision to terminate this Agreement, the City shall notify all Consultants and instruct them to cease work on the Project. Consultants shall also be instructed to bill the City for any services completed prior to the date of termination.

3.7 Assignability. This Agreement may not be assigned by either Party without the prior and express written consent of the other Party, which consent shall not be unreasonably withheld. In determining whether to approve a request by the Applicant to assign this Agreement, the City may consider, among other things, the proposed assignee's financial status and commitment to the Project. Any attempted assignment of this Agreement not in compliance with the terms of this Agreement shall be null and void and shall confer no rights or benefits upon the assignee.

3.8 No Oral Modifications. This Agreement represents the entire understanding of the City and the Applicant and supersedes all other prior or contemporaneous written or oral agreements pertaining to the subject matter of this Agreement. This Agreement may be modified, only by a writing signed by both the authorized representatives of both the City and the Applicant.

All modifications to this Agreement must be approved by the City Council.

3.9 Binding Upon Successors. This Agreement and each of its terms shall be binding upon the City, the Applicant and their respective officers, elected officials, employees, agents, contractors, and permitted successors and assigns.

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3.10 Legal Challenges. Nothing herein shall be construed to require City to defend any third party claims and suits challenging any action taken by the City with regard to any procedural or substantive aspect of the City ’s approval of development of the Property, th e environmental process, or the proposed Project. The Applicant may, however, in its sole and absolute discretion appear as real party in interest in any such third party action or proceeding, and in such event, it and the City shall defend such action or proceeding and the Applicant shall be responsible and reimburse the City for whatever legal fees and expert or other costs, in their entirety, including actual attorneys' fees, which may be incurred by the City in defense of such action or proceeding.

This City shall have the absolute right to retain such legal counsel as the City deems necessary and appropriate and the Applicant shall reimburse the City for any and all attorneys' fees and expert or other costs incurred by the City as a result of such thi rd party action or proceeding . Applicant may, at any time, notify City in writing of its decision to terminate such reimbursement obligation and, thereafter, the City may choose, in its sole discretion, to defend or not defend such third party action or proceeding. In the event that the City decides not to continue the defense of such third party action or proceeding, Applicant shall be obligated to reimburse City for any and all costs, fees, penalties or damages associated with dismissing the action or p roceeding. In the event that the City decides to continue the defense of such third party action or proceeding, Applicant shall have no further obligation to reimburse City for its attorney fees and expert or other costs.

3.11 Attorneys' Fees. In the e vent that any action or proceeding, including arbitration, is commenced by either the City or the Applicant against the other to establish the validity of this Agreement or to enforce any one or more of its terms, the prevailing Party in any such action or proceeding shall be entitled to recover from the other, in addition to all other legal and equitable remedies avail able to it, its actual attorneys' fees and costs of litigation, including, without limitation, filing fees, service fees, deposition costs, arbitration costs and expert witness fees, including actual costs and attorneys' fees on appeal.

3.12 Jurisdiction and Venue. This Agreement is executed and is to be performed in the City of Colton, San Bernardino County, California, and any action or proceeding brought relative to this Agreement shall be heard in the appropriate court in the County of San Bernardino , California. The City and the Applicant each consent to the personal jurisdiction of the court in any such action or proceeding.

3.13 Severability. If any term or provision of this Agreement is found to be invalid or unenforceable, the City and the Applicant both agree that they would have executed this Agreement notwithstanding the invalidity of such term or provision. The invalid term or provision may be severed from the Agreement and the remainder of the Agreement may be enforced in its entirety.

3.14 Headings. The headings of each Section of this Agreement are for the purposes of convenience only and shall not be construed to either expand or limit the express terms and language of each Section.

3.15 Representations of Authority . Each Party signing this Agreement on behalf of a Party which is not a natural person hereby represents and warra nts to the other Party that all

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necessary legal prerequisites to that Party's execution of this Agreement have been satisfied and that he or she has been authorized to sign this Agreement and bind the Party on whose behalf he or she signs.

3.16 Notices. Notices required under this Agreement shall be sent to the following:

City: City of Colton
650 N La Cadena Drive
Colton, CA 92324
Attn: Mark Tomich, Development Services Director

Applicant: Attn: Frank Aguilar, Vice President of AMKO Recycling 340 West Valley Boulevard
Colton, CA 92324

Notices given pursuant to this Agreement shall be deemed received as follows: (1) if sent by United States Mail, five (5) calendar days after deposit into the United States Mail, first class postage prepaid; (2) i f sent by facsimile, upon transmission and actual receipt by the receiving Party; (3) if by express courier service or hand delivery , on the date of receipt by the receiving Party. The addresses for notices set forth in this Section may be changed upon written notice of such change to either the City or the Applicant, as appropriate.

[SIGNATURES ON NEXT TWO PAGES]

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CITY’S SIGNATURE PAGE FOR

CITY OF COLTON

REIMBURSEMENT AGREEMENT FOR LAND USE ENTITLEMENT PROJECT

GENERAL PLAN AMENDMENT, CHANGE OF ZONE, CONDITIONAL USE PERMIT AND ARCHITECTURAL AND SITE PLAN REVIEW FOR 340 W. VALLEY BOULEVARD AND 115 PENNSYLVANIA AVENUE,

FRANK AGUILAR, APPLICANTS
(DAP-001-743)

CITY OF COLTON

By: _________________________
William R. Smith
City Manager

Attest:

_________________________
Carolina R. Padilla
City Clerk

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23152.08600\7640413.1
APPLICANT’S SIGNATURE PAGE FOR

CITY OF COLTON

REIMBURSEMENT AGREEMENT FOR LAND USE ENTITLEMENT PROJECT

GENERAL PLAN AMENDMENT, CHANGE OF ZONE, CONDITIONAL USE PERMIT AND ARCHITECTURAL AND SITE PLAN REVIEW FOR 340 W. VALLEY BOULEVARD AND 115 PENNSYLVANIA AVENUE,

FRANK AGUILAR, APPLICANTS
(DAP-001-743)

AMKO RECYCLING, INC.

By: _________________________
Signature

_________________________
Name: Frank Aguilar

_________________________
Title: Vice President

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EXHIBIT "A"

LEGAL DESCRIPTION OF THE PROPERTY

Assessor’s Parcel Number: 0162-136-06, 0162-134-09, 12, 23 & 24

The site map is below:

Pennsylvania Avenue
Valley Boulevard
340 W. Valley
115 N.

Pennsylvania

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EXHIBIT "B"

PROJECT DESCRIPTION

DAP-001-743 – The City of Colton received an application for a General Plan Amendment to allow a “General Commercial/Downtown” land use designation be changed to “Heavy Industrial” and Change of Zone to allow C-2/N (General Commercial/Downtown ) Zone to M -2 (Heavy Industrial) Zone and Conditional Use Permit and Architectural & Site Plan Review to allow enclosure of existing outdoor recycling facility at 340 W. Valley Blvd. and construction of new AMKO Buy -Back Center at 115 N. Pennsylvania Avenue and Major Certifica te of Appropriateness for new buildings within the Citrus Park and Terrace Historic Districts (DAP - 001-743 and DAP-001-775) (APNs: 0162-136-06,0162-134-09, 12, 23 & 24).

The environmental review includes the preparation of an Initial Study to determine a ppropriate CEQA document.

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EXHIBIT "C"

PERMITS AND OTHER APPROVALS

- Conditional Use Permit
- Architectural and Site Plan Review
- General Plan Amendment
- Change of Zone
- Major Certificate of Appropriateness
- Initial Study – CEQA

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EXHIBIT "D"

CONSULTANTS

BEST BEST & KRIEGER LLP
Legal Services: Environmental (CEQA, water and other applicable environmental legal issues), planning, and other need legal services.

RINCON CONSULTANTS
Environmental consultant to prepare required CEQA document. Contract amount for Environmental Services is not to exceed $99,693, without prior approval by each party.

OTHER CONSULTANTS
Any and all other consultants, including but not limited to traffic engineering/transportation planning consultant, and CEQA consultant, determined by the City to be reasonably necessary for its review and processing of the Project application(s).

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ITEM NO. 9

STAFF REPORT

DATE: OCTOBER 4, 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 A CONTRACT AWARD TO KRIEGER AND STEWART

FOR ENGINEERING & CONSTRUCTION SERVICES ASSOCIATED
WITH THE LA LOMA RESERVOIR PROJECT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Authorize a contract award for the engineering and construction services for La Loma Reservoir Project as an exception to bidding pursuant to Colton Municipal Code (CMC) Section 3.08.140(E) "Purpose of bidding is otherwise accomplished."

2. Approve the award of Professional Services Agreement (PSA) contract to Krieger and Stewart Engineering Consultants, for the design and construction engineering services for La Loma Reservoir for amount not-to-exceed $264,000.

3. Authorize the City Manager to execute the agreement.

BACKGROUND

Having an adequate supply of water is an essential part f or the Health & Safety of our community. The City of Colton is the principal supplier of water service for domestic consumption, fire protection, and irrigation application for consumers within the City of Colton currently serving a population of approxima tely 53,000 over a 17.5 -square mile service area.

Without adequate supply the City could be subjected to building moratoriums issued by the State Health Department.

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Staff Report to the Mayor and City Council
Contract Award - Krieger and Stewart
October 4, 2022

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Colton City CouncilOctober 4, 2022

Colton City Council
October 4, 2022