Agenda packet — Colton City Council, July 15, 2025 (part 4 of 7)

track record with the City, including an understanding of its unique administrative structure and labor agreements. Continuing with AALRR ensures legal consistency, efficiency, and institutional knowledge, which is particularly important during sensitive investigations or laborrelated matters.

In accordance with CMC 3.08.140(E), which allows exceptions to the competitive bidding process when the City Manager determines it is in the best interest of the City, staff recommends utilizing the existing competitively awarded contract through the Human Resources Department.

Fiscal Impacts:

Sufficient funding is available in the Police Department’s adopted FY 2025-26 budget in General Fund Police Administration Professional Services Account Number 100-6070-6071-2350-0000- 000.

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. AALRR-Colton PD Professional Services Agreement (2025-2029)

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CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 1st day of July, 2025, 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 Atkinson, Andelson, Loya, Ruud & Romo (AALRR), a Professional Law Corporation, with its principal place of business at 12800 Center Court Drive South, Suite 300, Cerritos, CA 90703- 9364 ("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 Labor and Employment Law 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 services for labor and employment law, and labor relations attorney services project ("Project") 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 attorney services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2025 following approval to June 30, 2029 unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically annually for no more than three (3) additional year terms. 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

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means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

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

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

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

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

3.2.5 City's Representative. The City hereby designates Anthony Vega, City of Colton Police Department Chief of Police, 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 Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.6 Consultant's Representative. Consultant hereby designates John H.

Bakhit, Partner, or his designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent

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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.

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this 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 negligent 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 negligent failure or alleged negligent failure to comply with such laws, rules or regulations.

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

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the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.

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

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

3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, subsubcontractors or subconsultants to meet any of the requirements provided for in Sections

3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section

3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.10.4 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 shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuelpowered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable

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

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

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

Insurance Services Office Business Auto Coverage form number CA 0001, codes 8 & 9 (nonowned and hired autos); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Consultant shall 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; and (2) 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.

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

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

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

3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(A).
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto non-owned or hired 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. Consultant shall also ensure each person operating a motor vehicle in the course of doing business with the City shall carry personal automobile liability insurance in the amount required by law. Any insurance or self-insurance maintained by the City,

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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. Except for Professional Liability, each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

Consultant’s Professional Liability insurance shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given by Consultant to the City.

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

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

3.2.11.6 Deductibles and Self-Insurance Retentions. Except for Professional Liability, 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.

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

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

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

3.2.12 Water Quality Management and Compliance.

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

3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.

3.2.12.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.

3.2.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.12.2 of this Agreement is a violation of federal and state law.

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

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connection with the negligent performance of the Services rendered by Consultant under this Agreement, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for
delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive 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 eight hundred thousand dollars ($800,000) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

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

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

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

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

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,

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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 Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being 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 shall 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 performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.

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

3.5 Accounting Records.

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

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3.6 General Provisions.

3.6.1 Termination of Agreement.

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

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

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

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: Atkinson, Andelson, Loya, Ruud & Romo
12800 Center Court Drive, Suite 300
Cerritos, CA 90703
ATTN: John H. Bakhit, Partner
City: City of Colton Police Department
650 North La Cadena Drive
Colton, CA 92324
ATTN: Anthony Vega, Chief of Police
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

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

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Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

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

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

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

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

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any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost 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 choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

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

3.6.5 Indemnification.

3.6.5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the 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 negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert 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 jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations,

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understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

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

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

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

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

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

3.6.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any 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.

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

3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in 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 ATKINSON,

ANDELSON, LOYA, RUUD & ROMO, A PROFESSIONAL
LAW CORPORATION.

CITY OF COLTON ATKINSON, ANDELSON, LOYA, RUUD &
ROMO
By: ____________________________ By: _________________________ William R. Smith John H. Bakhit
City Manager Partner
Attest:
____
Stephanie Vargas
Deputy City Clerk

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EXHIBIT "A"

SCOPE OF SERVICES
Provide legal services, counsel, direction, and assistance to the Police Department related to labor and employment matters including, but not limited to the Public Safety Procedural Bill of Rights Act (“POBR”), Officer Involved Shootings (“OIS”) responses, Use of Force incidents, discipline, policies and procedures, personnel issues, training, and employee relations.

Provide investigation services on personnel issues and/or employee relations. Conduct thorough investigations with all parties involved and provide a written response on the outcome of the investigation.

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23152.06000\30453088.2 Exhibit “B”-1
EXHIBIT "B"

SCHEDULE OF SERVICES
Commencement of this agreement will start on July 1, 2025 through June 30, 2029 automatically, with an option to extend an three (3) additional year terms.

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23152.06000\30453088.2 Exhibit “C”-1
EXHIBIT "C"

COMPENSATION
AALRR is mindful of the budgetary realities facing public entities. The Firm’s resources offer the ability to work on projects with a team approach allowing project completion in a cost-effective manner. Hourly rates are billed in one-tenth (.10) of an hour increments. Billing will be done by commuting to appointments related to City matters at the regular hourly rate, portal to portal, and actual mileage incurred from the Cerritos Office.

Hourly Rates:

Partners: $330 - $425 (depending on years of experience) Of Counsel: $325
Associates: $245 - $300 (depending on years of experience) Paralegals/Law Clerks: $125
Transcription: $75
Rates may be increased annually and the Firm will notify the City of these increases, when necessary.

Other expenses:

Photocopying: $.20 per page $.32 color per page
Long-distance calls: At cost
Mileage: IRS milage rate
Overnight mail: Standard FedEx rates
Computerized research: At cost
Facsimiles $1.00 per page
Total not-to-exceed: $800,000
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties.

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Item: 8.

Staff Report
Meeting Date: July 15, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Heidi Duron, Director
Item Name: Levy of Special Taxes in CFDs No. 2021-1 and 2021-2 for FY2025-26 Recommended Action:

It is recommended that City Council:
1) Adopt a Resolution of the City Council of the City of Colton, California, Authorizing the Levy of a Special Tax in the City of Colton Community Facilities District No. 2021-1 (Public Safety) for Fiscal Year 2025-26; and
2) Adopt a Resolution of the City Council of the City of Colton, California, Authorizing the Levy of a Special Tax in the City of Colton Community Facilities District No. 2021-2 (Maintenance Services) for Fiscal Year 2025-26.

Background:

Community Facilities Districts (“CFDs”) are an option for local governments to consider, which impose a special tax to provide for the funding necessary to deliver needed public services to the property within such CFD. CFDs are created pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”). The special tax is collected with the annual property taxes collected by the county. This item seeks to gain the needed annual authorization to enroll the annual special taxes for fiscal year 2025/2026.

On July 20, 2021, the City Council formed Community Facilities District No. 2021-1 (Public Safety) (“CFD 2021-1”) and Community Facilities District No. 2021-2 (Maintenance Services) (“CFD 2021-2” and together with CFD 2021-1, the “Districts”) for the purposes of providing funding for the following public services:

CFD 2021-1 was formed for the purpose of financing certain types of services, including but not limited to the following:
• Police protection services; and
• Fire protection services.

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CFD 2021-2 was formed for the purpose of financing certain types of services, including but not limited to the following:
• maintenance and lighting of parks, parkways, streets, roads, and open space; • flood and storm protection services;
• graffiti abatement;
• the operation and maintenance of storm drainage systems; • maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City; • and/or any other services authorized under the Act.

Issues/Analysis:

An ordinance was adopted for each of the Districts authorizing the City Council, by annual resolution, to annually determine the special tax to be levied within each District for the then current tax year and future tax years provided that the special taxes to be levied shall not exceed the maximum special taxes authorized in the rate and method of apportionment of special tax (the “RMA”) approved for each District.

Staff requests the City Council to adopt the attached Resolutions and direct the Director of Finance to remit the certified Resolutions to the County of San Bernardino Auditor Tax Collector, requesting the special taxes be collected on the property tax bills for the parcels of each District, along with ordinary ad valorem property taxes to be levied on and collected from the owners of such parcels.

A special tax will be levied on all taxable parcels within the Districts as set forth in the Exhibit A of each Resolution. CFD 2021-1 special tax rates for fiscal year 2025/2026 shall be $366.96 per single family residential property and $257.47 per multi-family residential property for a total of $6,238.15 special taxes. CFD 2021-2 special tax rates for fiscal year 2025/2026 shall be $70.99 per single family residential property and $49.33 per multi-family residential property for a total of $1,206.66 special taxes. Such special taxes to be levied do not exceed the maximum special taxes authorized in the RMAs for each District.

Exempt from CEQA
These actions are not subject to the requirements of the California Environmental Quality Act (“CEQA”). The approval of the resolutions is not a “project” within the meaning of 14 CCR Section 15378 (“State CEQA Guidelines”) because it has no potential for resulting in direct or indirect physical change in the environment. The special taxes are exempt from CEQA pursuant to California Public Resources Code section 21080(b)(8) and State CEQA Guidelines section 15273(a) because such special taxes are necessary and reasonable to fund the administration, operation, and maintenance of the public services to be provided.

Fiscal Impacts:

There is no additional fiscal impact to approve this item. The special tax revenues proposed to be levied in CFD 2021-1 and CFD 2021-2 will offset the cost of providing the respective City

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services. Failure to approve these Resolutions will result in a budget shortfall, rendering the Districts incapable of providing funding for the needed services.

Alternatives:

1. Provide alternative direction.

Attachments:

1. Resolution R-55-25 FY2526 Colton CFD 2021-1

2. Resolution R-55-25 Exhibit A

3. Resolution R-56-25 FY2526 Colton CFD 2021-2

4. Resolution R-56-25 Exhibit A

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29 RESOLUTION NO. R-55-25

A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA

AUTHORIZING THE LEVY OF A SPECIAL TAX IN CITY OF COLTON COMMUNITY FACILITIES DISTRICT NO. 2021-1 (PUBLIC SAFETY) FOR FISCAL YEAR 2025-26 WHEREAS, the CITY COUNCIL of the CITY OF COLTON, CALIFORNIA previously undertook proceedings to form a Community Facilities District designated as CITY OF COLTON COMMUNITY FACILITIES DISTRICT NO. 2021-1 (Public Safety) and is referred to herein as the "District', and conducted an election and received a favorable vote from the qualified electors authorizing the levy of a special tax in the District, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"); and
WHEREAS, the Act authorized the City Council to levy the special taxes at the rate and apportion them in the manner as approved by the qualified electors and further authorized the City Council to thereafter provide, by resolution, for the levy of the special tax in the current tax year or future tax years at the same rate or at a lower rate than the rate provided by the ordinance; and
WHEREAS, the City Council desires to authorize the levy of the special tax by resolution for the current and all future tax years.

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

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That the City Council does, by the passage of this resolution, authorize the levy of special taxes at the rate as set forth in Exhibit "A" attached hereto, referenced and so incorporated.

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29 SECTION 3. That the City Council is hereby further authorized, by Resolution, to determine the specific special tax rate and amount to be levied for the then current tax year or future tax years, except that the special tax rate to be levied shall not exceed the Maximum Special Tax as set forth in Exhibit "A", but the special tax may be levied at a lower rate.

SECTION 4. The proceeds of the above authorized and levied special tax may only be used to pay, in whole or in part, the costs of the following:

A. Payment of costs and expenses of authorized public facilities; B. Repayment of advances and loans, as appropriate; and C. Payment of District administrative costs.

The proceeds of the special tax shall be used as set forth above and shall not be used for any other purpose.

SECTION 5. The above authorized special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any such special tax.

SECTION 6. The above authorized special tax shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special tax.

The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with Section 53344 of the Government Code of the State of California or until the special tax ceases to be levied by the Legislative body of the local Agency in the manner provided in Section 53330.5 of said Government Code.

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29 SECTION 7. This Resolution shall take effect upon its adoption under the specific authorization of Government Code Section 53340 and as the levy of taxes for the usual and current expenses of the District as provided by Government Code Section 36937 (d).

SECTION 8. The City Clerk shall sign this Resolution and shall cause the same to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated in this City.

PASSED, APPROVED AND ADOPTED THIS 15th DAY OF JULY 2025. _______________________________
Frank J. Navarro
Mayor
ATTEST:
__________________________________
Isaac T. Suchil
City Clerk

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1. Developed Property
a. Maximum Special Tax

2. Undeveloped Properties
a. Maximum Special Tax
EXHIBIT “A”
City of Colton
Community Facilities District No. 2021-1 (Public Safety) Fiscal Year 2025/2026 Proposed Special Tax Rates
Each Assessor’s Parcel of Developed Property shall be subject to the Special Tax. The Maximum Special Tax for Developed Property for Fiscal Year 2025/2026 is shown below in Table 1.

TABLE 1
Land Use Type
Developed Category (1)
Single Family Residential Property
Multi-Family Residential Property
(1) Developed Property means an Assessor’s Parcel of Taxable Property for which a Building Permit was issued on or before May 1 preceding the Fiscal Year for which the Special Tax is being levied.

Each parcel classified as Undeveloped Property shall be exempt from the levy of the Special Tax.

Maximum Special Tax (2)
$376.55 per Residential Unit
$264.20 per Residential Unit
Proposed Special Tax
$376.55 per Residential Unit
$264.20 per Residential Unit
(2) The Maximum Special Tax rates shall be increased from the Maximum Special Tax rate in effect for the prior Fiscal Year by an amount equal to the annual percentage increase of the All Urban Consumers Consumer Price Index (“CPI”) or two percent (2%), whichever is greater.

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29 RESOLUTION NO. R-56-25

A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA

AUTHORIZING THE LEVY OF A SPECIAL TAX IN CITY OF COLTON COMMUNITY FACILITIES DISTRICT NO. 2021-2 (MAINTENANCE) FOR FISCAL YEAR 2025-26 WHEREAS, the CITY COUNCIL of the CITY OF COLTON, CALIFORNIA previously undertook proceedings to form a Community Facilities District designated as CITY OF COLTON COMMUNITY FACILITIES DISTRICT NO. 2021-2 (Maintenance) and is referred to herein as the "District', and conducted an election and received a favorable vote from the qualified electors authorizing the levy of a special tax in the District, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"); and
WHEREAS, the Act authorized the City Council to levy the special taxes at the rate and apportion them in the manner as approved by the qualified electors and further authorized the City Council to thereafter provide, by resolution, for the levy of the special tax in the current tax year or future tax years at the same rate or at a lower rate than the rate provided by the ordinance; and
WHEREAS, the City Council desires to authorize the levy of the special tax by resolution for the current and all future tax years.

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

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That the City Council does, by the passage of this resolution, authorize the levy of special taxes at the rate as set forth in Exhibit "A" attached hereto, referenced and so incorporated.

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SECTION 4. The proceeds of the above authorized and levied special tax may only be used to pay, in whole or in part, the costs of the following:

A. Payment of costs and expenses of authorized public facilities; B. Repayment of advances and loans, as appropriate; and C. Payment of District administrative costs.

The proceeds of the special tax shall be used as set forth above and shall not be used for any other purpose.

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PASSED, APPROVED AND ADOPTED THIS ___ DAY OF _____ 2025. _______________________________
Mayor
City of Colton
ATTEST:
__________________________________
City Clerk
City of Colton

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1. Developed Property
a. Maximum Special Tax

2. Undeveloped Property
a. Maximum Special Tax
Each parcel classified as Undeveloped Property shall be exempt from the levy of the Special Tax.

Land Use Type
Developed Category (1) Proposed Special Tax Maximum Special Tax (2) Single Family Residential Property $72.84 per Residential Unit $72.84 per Residential Unit Multi-Family Residential Property $50.61 per Residential Unit $50.61 per Residential Unit (1) Developed Property means an Assessor’s Parcel of Taxable Property for which a Building Permit was issued on or before May 1 preceding the Fiscal Year for which the Special Tax is being levied. (2) The Maximum Special Tax rates shall be increased from the Maximum Special Tax rate in effect for the prior Fiscal Year by an amount equal to the annual percentage increase of the All Urban Consumers Consumer Price Index (“CPI”) or two percent (2%), whichever is greater.

TABLE 1
EXHIBIT “A”
City of Colton
Community Facilities District No. 2021-2 (Maintenance)
Fiscal Year 2025/2026 Proposed Special Tax Rates
Each Assessor’s Parcel of Developed Property shall be subject to the Special Tax. The Maximum Special Tax for Developed Property for Fiscal Year 2025/2026 is shown below in Table 1.

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Item: 9.

Staff Report
Meeting Date: July 15, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: City of Colton Citywide Comprehensive Safety Action Plan - Approve the Citywide Comprehensive Safety Action Plan (“CCSAP”) as Recommended by the Traffic Safety Committee, RESOLUTION NO. R-61-25.

Recommended Action:

Staff recommends that City Council approve the City of Colton Citywide Comprehensive Safety Action Plan (“CCSAP”) as recommended by the Traffic Safety Committee and adopt Resolution No. R-61-25.

Background:

On April 02, 2024, the City Council awarded a Professional Services Contract (“PSA”) to Iteris, Inc. to prepare the City of Colton Citywide Comprehensive Safety Action Plan (“CCSAP”) – Safe Streets for All (“SS4A”) after receiving an SS4A grant notification from the Federal Highway Administration (“FHWA”)
On March 03, 2025, the City held the first Public Workshop at the Traffic Safety Committee (“TSC”) meeting time to review the Draft City of Colton Citywide Comprehensive Safety Action Plan – Safe Streets for All prepared by Iteris, Inc. and invite the general public to provide input.

On June 02, 2025, the City held the second Public Workshop at the Traffic Safety Committee meeting time to discuss the Colton Citywide Comprehensive Safety Action Plan, continue to invite the general public to provide community input, and for the Committee to provide further feedback. On this meeting, the Committee unanimously recommended approval of the proposed Colton Citywide Comprehensive Safety Action Plan with revisions to ensure compliance with SS4A requirements and to clarify the collision factor is due to drivers disregarding traffic infrastructure rather than the infrastructure itself. The Colton CCSAP is included attached.

Additionally, various neighboring jurisdictions were also sent notifications and invitations to attend and provide community input as well. Those adjacent jurisdictions included the City of

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Grand Terrace, the City of San Bernardino, the City of Rialto, the City of Riverside, the County of San Bernardino, and Caltrans.

Issues/Analysis:

The Federal Highway Administration (“FHWA”) SSA4 grant program has a Planning and Demonstration (Action Plan) component and Project Implementation component. The program is intended for the development of a comprehensive safety action plan that identifies the most significant roadway safety concerns in a community, and the implementation of projects and strategies (construction) to address roadway safety issues. The SS4A grant program requires an eligible Action Plan be in place before a local agency, like the City of Colton, can apply for funding for project implementation and strategies. The City is taking the necessary steps to follow the FHWA’s SS4A grant program guidelines to be eligible for Project Implementation funding at the federal level.

The City of Colton Citywide Comprehensive Safety Action Plan – Safe Streets for All is now complete and ready for adoption.

Fiscal Impacts:

Adoption of the City of Colton Citywide Comprehensive Safety Action Plan – Safe Streets for All does not have a direct financial impact to the City. The CCSAP is simply a tool for the City to be able to apply for Capital Improvement Program project and traffic-related project funds at the Federal level.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. Exhibit B - R-61-25 Colton Citywide Comprehensive Safety Action Plan

2. Colton Citywide Comprehensive Safety Action Plan Report_06-12-25

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RESOLUTION NO. R-61-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON ADOPTING THE COLTON CITYWIDE COMPREHENSIVE SAFETY ACTION PLAN (“CCSAP”) AS

RECOMMENDED BY THE TRAFFIC SAFETY COMMITEE
WHEREAS, the City intends to support the City’s goal to improve the City’s traffic safety and infrastructure; and
WHEREAS, on January 19, 2024, the City issued a Request for Proposal for the preparation of City of Colton Citywide Comprehensive Safety Action Plan – Safe Streets for All; and
WHEREAS, on April 02, 2024, the City Council awarded a contract to Iteris, Inc. to prepare the City of Colton Citywide Comprehensive Safety Action Plan (“CCSAP”) – Safe Streets for All (“SS4A”); and
WHEREAS, a CCSAP identifies specific dangerous locations and roadway networks based on accident data, identifies potential safety improvements, and ranks projects based on highest impact potential on vehicle and pedestrian safety.

WHEREAS, the SS4A grant program requires an eligible Action Plan be in place before local agency like the City of Colton can apply for grant funding for project implementation and strategies; and
WHEREAS, on March 03, 2025 and June 02, 2025, the City conducted two public workshop meetings in conjunction with the Traffic Safety Committee meetings; and WHEREAS, on June 02, 2025, the City of Colton Traffic Safety Committee recommended approval of the CCSAP; and
WHEREAS, the City of Colton Citywide Comprehensive Safety Action Plan – Safe Streets for All is completed and ready for adoption; and

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

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

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Section 2 The City Council authorizes the adoption of the City of Colton Citywide Comprehensive Safety Action Plan – Safe Streets for All is now complete and adopted as recommended by the City Traffic Safety Committee on June 02, 2025, attached as Exhibit A.

Section 3 The provisions of this Resolution and the City of Colton Citywide Comprehensive Safety Action Plan – Safe Streets for All are severable. If any part is found by a court of competent jurisdiction to be unconstitutional, invalid, or unenforceable, that determination will not affect the validity of the remaining parts. The court shall, to the extent permitted by law, substitute a valid and enforceable provision that most closely reflects the intent of the original. /
/
PASSED, APPROVED AND ADOPTED THIS 15TH DAY OF JULY 2025. ________________________________________
Frank J. Navarro, Mayor
ATTEST:
_____________________________
Isaac T. Suchil, City Clerk

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TABLE OF CONTENTS

1. Project Overview...................................................................................................................................... 3

2. Background Review.................................................................................................................................. 6 Local Roadway Safety Plan ................................................................................................................. 6 Engineering and Traffic Survey ........................................................................................................... 6 General Plan Mobility Element........................................................................................................... 7

3. Methodology ............................................................................................................................................ 9 Stakeholder Identification and Engagement......................................................................................9 Use Safety Data.................................................................................................................................10

4. Collision Data analysis............................................................................................................................ 11 Collision Trends (Annual/by Severity and Mode).............................................................................11 Type of Collisions.............................................................................................................................. 13 High Collision Intersections by PCF...................................................................................................14 High Collision Corridors by PCF......................................................................................................... 15

5. Demographics......................................................................................................................................... 18 Population Density ........................................................................................................................... 18 Household‐Income ........................................................................................................................... 18 Minority Population.......................................................................................................................... 18 Disability Status ................................................................................................................................19 Household Vehicle Access ................................................................................................................ 19 Designations .....................................................................................................................................19

6. Countermeasures................................................................................................................................... 21

7. Project Identification and Prioritization ................................................................................................. 24 Project Identification and Evaluation ...............................................................................................24 Intersection Improvement Project Prioritization .............................................................................26 Benefit‐to‐Cost Analysis ................................................................................................................... 27

8. Policy and Process Changes.................................................................................................................... 28

9. Next Steps .............................................................................................................................................. 31

10. Progress and Transparency .................................................................................................................... 31

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TABLES
Table 1: High Collision Intersections by PCF ....................................................................................................... 15 Table 2: High Collision Corridors by PCF ............................................................................................................. 16 Table 3: Proposed Intersection Improvements.................................................................................................. 24 Table 4: Improvement Projects Prioritization..................................................................................................... 27 Table 5: Benefit‐Cost Ratio Analysis ................................................................................................................... 28 Table 6: Policy Changes for Improved Safety...................................................................................................... 29

FIGURES
Figure 1: The Five E’s of Traffic Safety .................................................................................................................. 3 Figure 2: Safe System Approach ........................................................................................................................... 4 Figure 3: Safe System Elements............................................................................................................................ 5 Figure 4: Collision Data Analysis Process............................................................................................................ 10 Figure 5: Annual Collisions by Year (January 2018 – December 2023)............................................................... 12 Figure 6: Annual Collisions by Year and Mode (January 2018 – December 2023) ............................................. 12 Figure 7: Collisions by Location and Mode ......................................................................................................... 13 Figure 8: Type of Collisions (January 2018 – December 2023)........................................................................... 14 Figure 9: Collision Locations ............................................................................................................................... 17 Figure 10: Equity Index Factors........................................................................................................................... 18 Figure 11: SB 535 Disadvantaged Communities (2022 Update)......................................................................... 19 Figure 12: Areas of Persistent Poverty................................................................................................................ 20 Figure 13: Areas of Priority Equity Communities................................................................................................ 21

APPENDICES
Appendix A – Intersection Collision PCF
Appendix B – Corridor Collision PCF
Appendix C – Conceptual intersection improvement Plan Sheets Appendix D – Intersection Improvements Cost Estimates

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1. PROJECT OVERVIEW
The Citywide Comprehensive Safety Action Plan (CCSAP) is a traffic safety planning document developed to proactively address safety needs and challenges in the City of Colton. The document develops a systemic framework to identify a prioritized list of improvements and actions to address defined needs and will allow eligibility for funding of these improvements in future Caltrans Highway Safety Improvement Program (HSIP) calls‐for‐projects cycles and other funding sources. A Safety Action Plan (or an equivalent Vision Zero Action Plan) is required starting HSIP Cycle 12. Furthermore, the City of Colton’s Safety Action Plan includes elements for the Federal Safe Streets and Roads for All Program to allow the City to self‐certify its eligibility for Safe Streets for All (SS4A) Implementation grants.

Understanding transportation system safety to prevent life‐changing injuries or loss of life is of the utmost importance to the City of Colton, the City prepared this plan to facilitate the development of local agency partnerships and collaboration, resulting in a prioritized list of improvements and actions that can demonstrate a defined need and contribute to California’s Strategic Highway Safety Plan (SHSP) overall vision and goals.

The CCSAP focuses on reducing fatal and severe injury collisions (FSI collisions) with focused challenge areas adopting the Five “E’s” of Traffic Safety, as illustrated in Figure 1 and summarized below.

1. Education: Educate all road users on safe behaviors

2. Enforcement: Enforce actions that reduce high‐risk behavior

3. Engineering: Apply effective and/or innovative countermeasures

4. Emergency Response: Improve emergency response times and actions

5. Emerging Technologies: Apply emerging technologies to roadway, vehicle, and user Figure 1: The Five E’s of Traffic Safety

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This plan aims to prevent serious injuries and
fatalities on the roads, supporting the US
Department of Transportation's (US DOT) objective
of having no traffic fatalities across the country. The Safe Systems Approach, often known as Vision Zero,
is the strategy that the US DOT has chosen to
accomplish the transportation safety objective.

Building a transportation system with the
understanding "humans make mistakes and that
humans have limited ability to tolerate crash
impacts" isthe goal of the safe system approach. The
Safe System Approach develops plans to reduce
human mistakes in advance of it happening.

Principles and elements of the Safe System
Approach can be seen in Figure 2.

A Safe System Approach provides a safety net for the
user by adhering to the following principles:

1. Death/seriousinjury is unacceptable: While
no crashes are desirable, the Safe System Approach prioritizes crashes that result in death and serious injuries, since no one should experience either when using the transportation system.

2. Humans make mistakes: People will inevitably make mistakes that can lead to crashes, but the transportation system can be designed and operated to accommodate human mistakes and injury tolerances and avoid death and serious injuries.

3. Humans are vulnerable: People have limits for tolerating crash forces before death and serious injury occurs; therefore, it is critical to design and operate a transportation system that is human‐ centric and accommodates human vulnerabilities.

4. Responsibility is shared: All stakeholders (transportation system users and managers, vehicle manufacturers, etc.) must ensure that crashes do not lead to fatal or serious injuries.

5. Safety is proactive: Proactive tools should be used to identify and mitigate latent risks in the transportation system, rather than waiting for crashes to occur and reacting afterwards.

6. Redundancy is crucial: Reducing risks requires that all parts of the transportation system are strengthened, so if one part fails, the other parts still protect people.

Achieving a zero‐death target requires addressing all accident risk factors using the five components of a safe system, illustrated in Figure 3.

Figure 2: Safe System Approach

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In addition to supporting the City's transportation goals, the plan gives the City the ability to apply for grants and federal funding. Specifically, projects must be included in an approved safety action plan in order to be eligible for implementation money under the Safe Streets for All (SS4A) program.

Figure 3: Safe System Elements

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2. BACKGROUND REVIEW
In developing the City of Colton’s CCSAP, other related transportation planning efforts were reviewed.

This section presents key takeaways from multiple documents.

Local Roadway Safety Plan
The City of Colton Local Roadway Safety Plan (LRSP), adopted in January 2023, identified the safety needs and recommended projects to address these needs in the City. An LRSP analyzed crash data, identified infrastructure deficiencies, and provided safety countermeasuresfor high‐risk corridors and intersections.

The following is a summary of relevant portions of the LRSP that provides background information for the preparation of the Citywide Comprehensive Safety Action Plan:
 A total of 2,649 crashes were recorded from 2016 to 2020, with 55 crashes resulting in fatal or severe injuries.
o Most common collision types were broadside, rear‐end, and sideswipe. o Bicycle‐related and pedestrian‐related crashes accounted for approximately 3% of total collisions, but about 29% of fatal and severe injury collisions. o Colton has a higher collision rate than the greater San Bernardino County, but a lower rate of pedestrian and bicycle collisions compared to San Bernardino County.  Engineering countermeasures recommended for multiple locations in the City include:
o Installation of nearside signals at signalized intersections o Installing a new traffic signal at non‐signalized intersections with a collision history o Adding bike lanes to major roadway segments
 To help prevent wrong side of road collisions, mid‐block corridors and intersections with a high number of wrong side of road collisions should be targeted for specific improvements, including median construction/expansion, edge line or centerline striping and rumble strips, traffic calming or speed reducing measures, additional lighting, and improved warning signage.  The focus area should target locations with high frequencies of pedestrian collisions, especially at locations (or along corridors) adjacent to attractors such as schools, retail destinations, or parks.

Potential pedestrian protection improvements may include high visibility crosswalks, sidewalks, leading pedestrian intervals, bicycle facilities, or improved lighting.  Nineteen intersections were identified as having opportunities for roadway safety countermeasures:

Engineering and Traffic Survey
The City of Colton Engineering and Traffic Survey (E&TS) Final Report, prepared in December 2022, provided the City with a basis for updating and validating the currently posted speed limits on citywide streets. This study recommended the establishment and renewal of valid posted speed limits for 44 street segments on 26 citywide streets within the City of Colton. In establishing the appropriate posted speed limits, the analysistook into consideration the analysis of prevailing speeds, the collision history, and other traffic and road factors not readily apparent to the driver. The following is a summary of relevant portions of the E&TS that provides background information for the preparation of the Citywide Comprehensive Safety Action Plan:

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 All 44 surveyed street segments were recommended to remain at their currently established speed limits as documented and would not require any changes to the existing posted regulatory signage or speed limit pavement markings.
o Spot radar speed surveys were conducted to determine the prevailing speed of drivers on each of the 44 segment locations during March 2022. The surveys were performed during typical weekdays between 9:00 a.m. and 2:00 p.m. with a minimum sample size of 100 vehicles.
o 34 out of 44 segments had collision rates that exceeded those of the expected collision rates.

General Plan Mobility Element
The City of Colton General Plan Mobility Element, adopted in August 2013, establishes long‐term goals and policies designed to improve the local transportation system and create optionsfor residentsto move about the City. The Mobility Element balances the need for efficient traffic operations with the desire to maintain Colton as a safe and attractive community, one with walkable neighborhoods, successful business districts, and distinctive streets. The following is a summary of relevant portions of the Mobility Element:
 In Colton, particularly along historical rail lines that support industrial uses, many residential properties abut industrial uses, either sharing property lines or facing on opposite street frontages. Many industrial uses generate substantial truck traffic which can adversely impact the adjoining residential properties.
 Some commercial areas and neighborhoods lack sidewalks or have sidewalks in poor condition.

These circumstances limit the ability of people—particularly folks who have personal mobility challenges—to walk in comfort and security.
 Certain residential neighborhoods in Colton experience significant traffic impacts, including speeding, excessive volumes, truck traffic, and cut‐through traffic during peak hours of the day.

Local streets directly adjacent to schools experience traffic impacts as well, such as cut‐through traffic (vehicles and buses) and speeding, and pickup and drop‐off trips during morning and mid‐ afternoon hours. In south Colton, errant truck traffic on M Street impacts residential neighborhoods.
 The planned bike network is not a contiguous network, and efforts should be made to expand the network to provide continuity within the City, and to the networks of adjacent jurisdictions and existing bicycle amenities.
 To improve pedestrian safety and encourage walking, specific improvements can be made based on site‐specific issues:
o Widening of sidewalks
o Use of special paving or markings at pedestrian/vehicle interfaces o Improve signal phasing and pedestrian flow patterns at intersections o Provide sidewalk curb cuts for the physically challenged o Use auditory crosswalk signals for the hearing impaired o Increase the number of street trees with large canopies along sidewalks to provide shade o Provide for safe, well lighted rest areas such as shaded benches or planter boxes  Colton supports proactive integration of pedestrian‐oriented improvements and amenities within the City’s circulation system to improve walkability. Primary additional locationsfor incorporating these features include Valley Boulevard, La Cadena Drive, Colton Avenue, Mount Vernon Avenue,

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and Washington Street. Within the developing West Valley area, good pedestrian connections will be important to create an integrated mixed‐use district. However, these principles should also be applied to other roadways within Colton, where feasible and appropriate.  At a minimum, the following roadways will continue to serve as truck routes to support industrial business activity: (designated truck routes were not included in the Mobility Element) o Valley Boulevard
o Pepper Avenue
o Mount Vernon Avenue
o Colton Avenue
o Fairway Drive
o La Cadena Drive
o Rancho Avenue (south of Valley Boulevard)
o Washington Street
 Two specific policies were noted as relevant to the CCSAP preparation:
o Policy M‐2.11: Pursue funding to create and maintain safe routes to schools, as well as similar access to parks and recreational facilities.
o Policy M‐2.12: Develop a prioritization program that lists sidewalks that are missing and the level of importance of replacing the missing sidewalks.

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3. METHODOLOGY
The Citywide Comprehensive Safety Action Plan focuses on identifying opportunities to implement safety improvements on local roadways based on analysis of traffic and collision data within the City, as well as guidelines set forth in the Caltrans Strategic Highway Safety Plan and by the Federal Highway Administration (FHWA). This project will provide the City with a strategic plan for implementation which will strive to reduce fatalities and serious injuries on public roads, consistent with the goal of the SS4A program.

The following items were the primary steps used to create this plan:

1. Identify Stakeholders
a. City staff identified relevant stakeholders and interested representatives that could have input in the CCSAP development process.

2. Use Safety Data
a. Past six (6) years of collision data was used for the analysis. Collision data from January 2018 through December 2023 was used for the analysis.

3. Choose Proven Solutions
a. FHWA Proven Countermeasures and Caltrans safety countermeasures were used in mitigation collision trends and risk characteristics.

4. Implement Solutions
a. Projects were identified for specific locations.

Stakeholder Identification and Engagement
A projectsuch asthisrequires establishing
the leadership and stakeholders
responsible for contributing to the plan.

Involving stakeholders in the decision‐
making process is essential because it
enables thoughtful consideration and
input from interested parties.

Stakeholders can provide local
authorities with insightful thoughts,
observations, and relevant viewpoints
regarding the needs and performance of
the transportation system because they
are regular users of it. Stakeholders may
be able to identify important hotspots
and safety zones by participating in the
CCSAP development process.

An established working group with important players from the "5E's" of highway safety, engineering, enforcement, education, emergency response, and emerging technologies—is emphasized as being crucial by the FHWA. During the process, Iteris met with representatives from Fire, Police, and School

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District to gain feedback on safety concerns. In addition, Iteris initially presented a preliminary project update at and gained feedback from the Traffic Safety Committee (which is a publicly attended meeting) on March 3, 2025 and came back to present the draft report on June 2, 2025. Obtaining support from the stakeholders on the plan's implementation is crucial, as many safety countermeasures involve engineering, enforcement, and emergency response. The following stakeholders have been notified in the development of the CCSAP:
 City of Colton (Lead Agency)
 Caltrans District 8
 City of San Bernardino
 County of San Bernardino
 City of Rialto
 City of Grand Terrace
 City of Riverside
Use Safety Data
As mentioned, relevant background
information, data and documents were
gathered during the background review
and safety data analysis effort.

Following gathering of the data from the
City and relevant data sources, the data
was collated and organized to locate the
City’s collision “hot spots” or emphasis
areas (i.e. corridors, intersections, etc.).

This analysis narrowed down the data to
key emphasis areas which were then
analyzed with much finer detail to
determine collision causes and other
collision factors contributing to the
safety of the location. The approach to
the data review is illustrated by the simple flowchart shown in Figure 4.

Figure 4: Collision Data Analysis Process

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4. COLLISION DATA ANALYSIS
The City of Colton collision data was gathered using collisions from the SWITRS collision database. The data set contains six complete years’ worth of collisions spanning from January 2018 through December 2023. During this period, a total of 3,177 collisions were reported in the City. These collisions were classified based on location: intersection and corridor segment.

Collision Trends (Annual/by Severity and Mode)
Figures 5 and 6 illustrate the annual collisions in the City during the data evaluation period by severity and
mode of travel, with the highest number of collisions
recorded in 2021 with 13 severe injury collisions and
4 fatal collisions.

There were 90 pedestrian‐related and 39
bicycle‐related collisions during the data
analysis period.

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Figure 5: Annual Collisions by Year (January 2018 – December 2023)

Figure 6: Annual Collisions by Year and Mode (January 2018 – December 2023) A total of 1,463 collisions (or 46%) occurred at intersections, a total of 1,074 collisions (or 34%) occurred near intersections, and a total of 640 collisions (or 20%) occurred at corridors (midblock, driveways or traffic/light poles). For the purposes of categorizing the collisions, a collision was considered to be associated with an intersection if it was recorded within 200 feet of an intersection. Outside of that distance, a collision was considered to be a midblock/corridor‐related collision. Figure 7 illustrates collisions by location and mode.

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Of the 1,463 collisions at intersections, 45 involved pedestrians and 21 involved bicycles. Of the 1,714 collisions that did not occur at intersections, 45 involved pedestrians and 18 involved bicycles.

Figure 7: Collisions by Location and Mode
Type of Collisions
Evaluation of the type of collisions helps identify collision patterns and traffic/travel behavior in the City which will lead to effective safety countermeasures. High number of rear‐end collisions indicate speeding within the City, whereas high number of broadside collisions would nonadherence to existing traffic control devices, improper turning decisions and/or insufficient traffic signal timing settings. Sideswipe collisions could be attributed to distracted or aggressive driving, merging and lane switching, and driving under influence.

As illustrated in Figure 8, broadside collisions were the most common type of collisions within the City, followed by rear end collisions and sideswipe collisions.

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Figure 8: Type of Collisions (January 2018 – December 2023) High Collision Intersections by PCF
The collision data was further analyzed to identify intersections with the highest number of collisions by primary collision factor (PCF). Table 1 summarizes the 10 intersections with the highest number of collisions citywide between January 2018 and December 2023, along with the most prevalent PCFs at each intersection. This analysis includes collisions that occurred at or near an intersection at a distance less than 200 feet. Appendix A summarizes all collision data by intersection by PCF.

Traffic signals and signs(which refersto drivers disregarding traffic signals orsigns) and unsafe speed were generally the most prevalent causes of collisions at the 10 high‐collision intersections.

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Table 1: High Collision Intersections by PCF
Intersection Total
Collisions F+SI Prevalent PCFs
La Cadena Dr/Valley Blvd 110 4 Automobile ROW, Traffic Signals/Signs Pepper Ave/San Bernardino Ave 77 4 Traffic Signals/Signs, Unsafe Speed Mt Vernon Ave/Washington St 67 0 Unsafe Speed, Wrong Side of Road Rancho Ave/Valley Blvd 57 1 Traffic Signals/Signs, Unsafe Speed Pepper Ave/Valley Blvd 49 0 Traffic Signals/Signs, Automobile ROW Cooley Dr/Washington St 49 2 Traffic Signals/Signs, Wrong Side of Road Reche Canyon Dr/Washington St 48 0 Unsafe Speed, Traffic Signals/Signs Rancho Ave/Mill St 47 0 Automobile ROW, Traffic Signals/Signs Mt. Vernon Ave/Fairway Dr 40 0 Automobile ROW, Wrong Side of Road Bluff Rd/Washington St 36 2 Unsafe Speed
As shown, the La Cadena Drive/Valley Boulevard, Pepper Avenue/San Bernardino Avenue, and Mount Vernon Avenue/Washington Street intersections experienced the highest collision frequency over the data collection period.

High Collision Corridors by PCF
Similar to the intersection analysis, the collision data was further analyzed to identify corridors with the highest number of collisions by PCF. This analysis includes collisions that occurred along a corridor at a distance greater than 200 feet from an intersection and collisions with utilities and at driveways.

Identifying collisions along the corridor by PCF allows us to recommend corridor‐specific countermeasures. Appendix B summarizes all collision data by corridor by PCF. In addition, the Southern California Association of Government’s (SCAG) Regional High Injury Network (HIN) was reviewed within the City. The HIN is intended to show a subset of the street network where most (65%) fatal and serious injuries are occurring. This dataset, completed in 2022, is used by SCAG to emphasize the need for local safety interventions on local roadways. The SCAG HIN in the Colton area is provided within Appendix B.

Table 2 summarizes corridors with the highest number of collisions citywide (greater than five collisions) between January 2018 and December 2023, noting whether the corridor is part of SCAG’s HIN. Unsafe speed and wrong side of road were the most prevalent causes of corridor collisions in the City.

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Table 2: High Collision Corridors by PCF
Corridor (City Limits) Total
Collisions F+SI
Located in SCAG
High Injury
Networks (HINs)?
Prevalent PCFs
Washington St 65 2 Yes Unsafe Speed, Wrong Side of Road Mt Vernon Ave 63 1 Yes Wrong Side of Road, Unsafe Speed Reche Cyn Rd 55 0 No Wrong Side of Road, Unsafe Speed
Rancho Ave 54 1 Yes Wrong Side of Road, Unsafe Speed
La Cadena Dr 45 4 Yes Wrong Side of Road, Unsafe Speed
Agua Mansa Rd 41 5 No Wrong Side of Road, Unsafe Speed
Mill St 30 0 Yes Wrong Side of Road, Automobile ROW
Pepper Ave 23 1 Yes Unsafe Speed, Wrong Side of Road
Cooley Dr 18 1 No Unsafe Speed, Wrong Side of Road,
Automobile ROW
Valley Blvd 18 2 Yes Unsafe Speed
Figure 9 shows the locations of all intersection collisions, the top 10 most frequent intersection collision locations, and the top 10 most frequent corridor collision locations.

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Figure 9
Collision Locations (January 2018 to December 2023)
City of Colton
Citywide Comprehensive Safety Action Plan

NOT TO SCALE
Legend
Top 10 Collision Intersections
Top 10 Collision Corridors
Intersections with Collisions
1

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5. DEMOGRAPHICS
The City of Colton will give equitable solutions for road safety first priority, considering the higher risk of traffic‐related injuries and fatalities that marginalized and underprivileged communities experience. In order to better inform the solutions that will be proposed through the plan, the equity analysis in this chapter provides information on the location and
size of marginalized populations. The American
Community Survey (ACS) provided the data used in
this equity analysis. Data was collected for the topics in Figure 10 and summarized in this section. In order
to establish fair solutions, it is imperative to identify groups of concern and solicit public feedback. For
example, due to budgetary constraints, low‐income
groups could need more transportation
accommodation. This is especially crucial if a sizable
portion of households in this area don't own any
vehicles.

Population Density
The total population of City of Colton per the 2020 Decennial Census was 53,909. The median age range in Colton is 33 to 34 years of age. Around 11 percent of the population in Colton is older than 65 years of age. The majority of those 65 years of age and over live in the northern and southern part of the city.

Household‐Income

15.3% of all households in Colton fall under low‐income households with the majority being people under 18 years. Most low‐income households are located at the northern and southern side of the City.

The median household income in Colton is $69,581 which is 27.2 percent below the California median household income of $95,521. The federal poverty line for single person households is approximately $15,650 and for a family of three, which is the average family size in Colton, it is approximately $26,650.

Minority Population
Senate Bill 535 (De León, Statutes of 2012) directed that at least a quarter of the proceeds from the California Climate Investments go to projects that provide a benefit to disadvantaged communities and at least 10 percent of the funds go to projects located within those communities. The minority population in Colton is mostly concentrated on the western, northern and southern side of the City, based on the SB 535 Disadvantaged Communities (2022 Update), and illustrated in Figure 11.

Figure 10: Equity Index Factors

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Disability Status
Nearly 11.9 percent of the total population in Colton has some form of disability, with the majority having some form of ambulatory difficulty.

Household Vehicle Access
Households that do not have access to a vehicle are located towards the center and south of the City between C Street and Fogg Street. Most households in other parts of the city have access to at least one vehicle.

Designations
There are Federal, State and regional designations for communities based on US Census Data and other relevant sources. The federal Historically Disadvantaged Communities and Areas of Persistent Poverty defines the majority of Census Tracts in the northern and eastern part of the City as being Areas of Persistent Poverty (APP). Figure 12 illustrates Areas of Persistent Poverty in the City of Colton.

Figure 11: SB 535 Disadvantaged Communities (2022 Update)

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Figure 12: Areas of Persistent Poverty
The State of California Office of Environmental Health and Hazard Assessment developed a Communities Environmental Health Screening Tool: CalEnviroScreen 4.0 wasreleased in October 2021. CalEnviroScreen is a screening methodology that can be used to help identify California communities that are disproportionately burdened by multiple sources of pollution. The tool defines the Census Tracts in southern and northeastern part of the City as in the high pollution burden percentile and defines most Census Tracts in the city as an SB 535 Disadvantaged Community.

The San Bernardino County Transportation Authority (SBCTA) and the San Bernardino Council of Governments (SBCOG) adopted Senate Bill 1000 (SB 1000) Equity Toolkit to identify Priority Equity Communities (PECs) that would benefit from equitable investments as part of the SB 1000 process. SB 1000 requires using multiple data sources to identify PECs and better understand what unique or compounded health risks they face as a result of disproportionate exposure to pollution and environmental effects. There are 13 PECs in the City of Colton. Figure 13 illustrates the locations of PECs in the City.

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Figure 13: Areas of Priority Equity Communities

6. COUNTERMEASURES
With the thorough evaluation of available collision data, Iteris has a solid understanding of the most common collision locations, roads, and significant collision trends and issues, along with the hotspots for collisions involving bicycles and pedestrians. In order to accomplish the goal of eradicating collisions resulting in fatalities and serious injuries, countermeasures can be put in place to make roadways safer for all forms of transportation. Physical changes are frequently undertaken to address hazardous intersections, vehicle speeds, and pedestrian and bicyclist safety. Simple, low‐cost adjustments like decreasing speed limit or more involved undertakings like rearranging a route or installing more facilities for bicyclists and pedestrians can be included in the alterations.

The Local Highway Safety Improvement Program (HSIP) Analyzer Manual, April 20241 and Crash Modification Factors (CMF) Clearinghouse2 were utilized in the countermeasure identification process.

Additionally, the US Department of Transportation, Federal Highway Administration released a list of 1 HSIP Analyzer Manual, April 2024: https://dot.ca.gov/‐/media/dot‐media/programs/local‐ assistance/documents/hsip/2024/hsip‐analyzer‐manual‐bcr2024.pdf 2 Crash Modification Factors (CMF) Clearinghouse: https://cmfclearinghouse.fhwa.dot.gov

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twenty‐eight proven safety countermeasures3 that support the goal of eliminating fatalities and serious injuries. These countermeasures were also reviewed during the selection process. Countermeasures and spot improvements were developed for the identified hotspot locations with a history of collisions within the City.

A list of countermeasures were compiled, separated by types of collisions they can reduce, and sorted by effectiveness in terms of Crash Reduction Factor (CRF). The following is a list of countermeasures grouped with the applicable types of collisions they address and locations (signalized intersections, non‐signalized intersections, and roadways). The corresponding countermeasure “code” is provided, where SI = signalized intersection, NS = non‐signalized intersection, and R = roadway:

Lights and Night collisions:
 SI01NT/NS01NT: Add intersection lighting, CRF=0.40
 R01NT: Add segment lighting, CRF=0.35
Pedestrian right‐of‐way and Pedestrian collisions:
 SI19PB: Install pedestrian crossing, CRF=0.25
 NS23PB/R36PB: Install/upgrade pedestrian crossing at uncontrolled locations (with enhanced safety features), CRF=0.35
 SI22PB: Modify signal phasing to implement a Leading Pedestrian Interval (LPI), CRF=0.60  NS25PB: Install Pedestrian Signal (including Pedestrian Hybrid Beacon (HAWK)), CRF=0.55  NS24PB/R38PB: Install Rectangular Rapid Flashing Beacon (RRFB), CRF=0.35 Bike collisions:
 R33PB: Install bike lanes, CRF=0.35
Following too closely collisions:
 SI02: Improve signal hardware: lenses, back‐plates with retroreflective borders, mounting, size, and number, CRF=0.15
Automobile right‐of‐way collisions:
 R22/NS08: Install/Upgrade signs with new fluorescent sheeting (regulatory or warning); Install/upgrade larger or additional stop signs or other intersection warning/regulatory signs, CRF=0.15
Traffic signals and signs collisions (Note that this factor refers to drivers disregarding traffic signals or signs):
 SI03: Improve signal timing (coordination, phases, red, yellow, or operation), CRF=0.15  SI07: Convert signal to mast arm (from pedestal‐mounted), CRF=0.30  R22/NS08: Install/Upgrade signs with new fluorescent sheeting (regulatory or warning); Install/upgrade larger or additional stop signs or other intersection warning/regulatory signs, CRF=0.15
3 Proven Safety Countermeasures, Federal Highway Administration:https://highways.dot.gov/safety/proven‐safety‐ countermeasures

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Improper turning collisions:
 SI06: Provide protected left turn phase (left turn lane already exists), CRF=0.30  SI07: Convert signal to mast arm (from pedestal‐mounted), CRF=0.30  R23 (for Agua Mansa Road and Reche Canyon Road only): Install chevron signs on horizontal curves, CRF=0.40
 R24 (for Agua Mansa Road and Reche Canyon Road only): Install curve advance warning signs, CRF=0.25
 R04 (for Agua Mansa Road and Reche Canyon Road only): Install Guardrail, CRF=0.25  R08/SI11: Install Raised Median, CRF=0.25
 R27: Install delineators, reflectors and/or object markers, CRF=0.15 Unsafe speed collisions:
 NS04RA: Convert intersection to roundabout (from all way stop), CRF=0.12  NS09: Upgrade intersection pavement markings, CRF=0.25  R28: Install edge‐lines and centerlines, CRF=0.25
 R30: Install centerline rumble strips/stripes, CRF=0.20  R32: Speed Safety Cameras, CRF=0.20
 Other: Speed Enforcement, CRF varies
Wrong side of road collisions:
 R23 (for Agua Mansa Road and Reche Canyon Road only): Install chevron signs on horizontal curves, CRF=0.40
 R24 (for Agua Mansa Road and Reche Canyon Road only): Install curve advance warning signs, CRF=0.25
 R04 (for Agua Mansa Road and Reche Canyon Road only): Install Guardrail, CRF=0.25  R08/SI11: Install Raised Median, CRF=0.25
 R28: Install edge‐lines and centerlines, CRF=0.25
 R30: Install centerline rumble strips/stripes, CRF=0.20  R27: Install delineators, reflectors and/or object markers, CRF=0.15 Improper passing collisions:
 R23 (for Agua Mansa Road and Reche Canyon Road only): Install chevron signs on horizontal curves, CRF=0.40
 R24 (for Agua Mansa Road and Reche Canyon Road only): Install curve advance warning signs, CRF=0.25
 R04 (for Agua Mansa Road and Reche Canyon Road only): Install Guardrail, CRF=0.25  R28: Install edge‐lines and centerlines, CRF=0.25
 R30: Install centerline rumble strips/stripes, CRF=0.20  R27: Install delineators, reflectors and/or object markers, CRF=0.15 Driving or bicycling under influence of alcohol or drug collisions:

Other: DUI Enforcement, CRF varies

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7. PROJECT IDENTIFICATION AND PRIORITIZATION
Upon development of countermeasures for locations in the City of Colton with a history of collisions, projects and their prioritization for implementation of the recommended countermeasures were developed. Prioritization was built on the safety analysis to identify high‐risk locations as well as those which will be most effectively addressed by feasible countermeasures and cost effectiveness.

Project Identification and Evaluation
The following safety improvement projects were identified based on the recommended countermeasures at the high collision frequency intersections, whereas a toolkit of applicable countermeasures was identified for high collision frequency corridors.

7.1.1 Intersection Improvements
Based on the countermeasures applicable to signalized intersections, a set of safety improvements at the intersections identified as having the highest collision frequency was developed, along with each project’s total effectiveness to reduce collisions (as a percentage of all collisions recorded at that location). Table 3 presents the proposed improvements at each intersection.

Table 3: Proposed Intersection Improvements
Intersection Proposed Improvement Project Total
Effectiveness %
La Cadena Dr/
Valley Blvd1
 Change NB/SB to split phasing
 Replace EB and WB left turn protective permissive 5‐section head traffic signals with fully protected left turns, or flashing yellow arrow  Install permissive‐ protected left turn signal head with flashing yellow arrows for NB/SB direction
 Install speed limit signs (R2‐1) with fluorescent sheeting  Refresh striping of existing crosswalk
 Modify signal phasing to implement an LPI

3.28%
Pepper Ave/
San Bernardino
Ave
 Modify signal phasing to implement an LPI
 Implement split phasing for EB and WB, or install protected left turn signal head with flashing yellow arrows for EB/WB direction
 Improve intersection signal timing based on the new split phasing or protected left turn phasing for EB/WB direction
 Install raised median on the west leg
 Refresh striping of existing crosswalk

12.15%
Mt Vernon Ave/
Washington St2
 Modify signal phasing to implement an LPI
 Implement right turn overlap phasing for EBR
 Provide “cat track” striping to guide EB left movements  Install raised median on the west leg

9.42%
Rancho Ave/
Valley Blvd
 Modify signal phasing to implement an LPI
 Install signal backplates with retroreflective borders  Improve signal timing
 Install speed limit signs (R2‐1) with fluorescent sheeting  Refresh striping of existing crosswalk
 Install raised median on the west leg

9.67%

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Intersection Proposed Improvement Project Total
Effectiveness %
Pepper Ave/
Valley Blvd
 Modify signal phasing to implement an LPI
 Install signal backplates with retroreflective borders  Improve signal timing
 Install raised median on the west leg and east leg

12.17%
Cooley Dr/
Washington St
 Modify signal phasing to implement an LPI
 Provide “cat track” striping to guide SB left and SB through movements  Install parallel crosswalk marking between the southwest corner and southwest corner refuge island
 Add “Yield to Pedestrians” sign for EB right movements  Install signal backplates with retroreflective borders

12.92%
Reche Canyon Dr/
Washington St
 Modify signal phasing to implement an LPI
 Install signal backplates with retroreflective borders  Provide “cat track” striping to guide NB left movements  Install speed limit signs (R2‐1) with fluorescent sheeting  Refresh striping of existing crosswalk

6.35%
Rancho Ave/
Mill St3
 Modify signal phasing to implement an LPI
 Install permissive‐protected left turn signal head with flashing yellow arrows for NB/SB direction
 Update signal timing with protected NB/SB left turn phases  Install raised median on the west leg and east leg
 Refresh striping of existing crosswalk

13.73%
Mt. Vernon Ave/
Fairway Dr
 Modify signal phasing to implement an LPI
 Install protected left turn signal head for NB/SB direction with new NB/SB left turn phasing
 Update signal timing with protected NB/SB left turn phases  Install raised median on the east leg

13.08%
Bluff Rd/
Washington St
 Modify signal phasing to implement an LPI
 Convert SB signal from pedestal‐mounted to mast arm, install backplates with retroreflective borders
 Improve signal timing by extending all‐red time in the EB/WB direction  Install speed limit signs (R2‐1) with fluorescent sheeting  Install raised median on the south leg

9.00%
1 = Note that this intersection was recently improved/upgraded, thus proposed improvements may require refinement. 2 = This intersection is operated by Caltrans and was recently improved/upgraded. 3 = This intersection is shared with City of San Bernardino and the traffic signal is maintained by City of San Bernardino.

Appendix C presents conceptual improvement plan “cut sheets” for the 10 intersections where safety improvements are proposed.

7.1.2 Corridor Improvements
As mentioned, corridor‐related collisions represented a smaller share (20%) of total collisions as compared to intersection‐related collisions. Corridor countermeasures were evaluated for collisions which were at a distance greater than 200 feet from an intersection, driveways, and utility poles. However, location‐specific improvement projects are not recommended for corridors as part of this Plan. Rather, a set of countermeasures was identified, related to the PCF, noting where applicable as follows:

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 Add segment lighting (effective at Washington Street, Mount Vernon Avenue, Reche Canyon Road, La Cadena Drive, Agua Mansa Road, Mill Street, and Valley Boulevard)  Install/upgrade pedestrian crossing at uncontrolled locations (with enhanced safety features) (effective at Washington Street, Mount Vernon Avenue, Rancho Avenue, La Cadena Drive, Pepper Avenue, and Valley Boulevard)
 Install bike lanes (effective at Washington Street, Mount Vernon Avenue)  Install chevron signs on horizontal curves (effective at Reche Canyon Road, Agua Mansa Road)  Install curve advance warning signs (effective at Reche Canyon Road, Agua Mansa Road)  Install guardrail (effective at Reche Canyon Road, Agua Mansa Road) In addition, based on the collision types/factors, the following countermeasures should be considered at all of the high collision frequency corridors:
 Install/Upgrade signs with new fluorescent sheeting (regulatory or warning)  Install Raised Median
 Install edge‐lines and centerlines
 Install centerline rumble strips/stripes
 Install delineators, reflectors and/or object markers  Speed Safety Cameras
Unlike the intersection locations, detailed, site‐specific improvement project concepts have not been prepared along the corridors. The reason for this is that intersections are the “chokepoints” of transportation networks, where vehicle, pedestrian, and bicycle conflicts mostly occur. Also, as mentioned, corridor‐related collisions represented only 20% of the total collisions.

Intersection Improvement Project Prioritization
To effectively prioritize and improve safety with limited funds, the countermeasure projects at intersections were assessed by the following criteria:
 Readiness/Ease of Implementation,
 Cost of Construction,
 Effectiveness of the project to reduce collisions;
 Demographics/location
Cost estimates were prepared using planning‐level unit costs. The cost estimate calculations are provided in Appendix D. Each intersection was generally assigned a “Low”, “Medium”, or “High” designation in each category with the exception of the Demographics category which was scored as Yes or No. Note that a “High” mark within the Cost of Construction category resulted in lowered priority, as opposed to High marks in the other categories. Table 4 summarizes the results of the prioritization of improvement projects based on the criteria described.

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Table 4: Improvement Projects Prioritization
Intersection Project
(Highest to Lowest
Priority)
Effectiveness of
collision reduction Readiness Cost of Construction DemographicsLocated in an APP? Cooley Dr/Washington St Medium/High High Low No
Mt. Vernon Ave/Fairway Dr High Low/Medium Medium/High Yes Rancho Ave/Mill St3 High Low High Yes
Pepper Ave/Valley Blvd Medium/High Low Medium/High Yes
Mt Vernon Ave/
Washington St2 Low/Medium Low/Medium Low/Medium Yes
Reche Canyon Dr/
Washington St Low High Low No
Rancho Ave/Valley Blvd Medium Low/Medium Medium No
Pepper Ave/San
Bernardino Ave Medium Low/Medium High Yes
Bluff Rd/Washington St Low/Medium Low/Medium Medium No
La Cadena Dr/Valley Blvd1 Low Medium High No
1 =Note that this intersection was recently improved/upgraded, thus proposed improvements may require refinement. 2 = This intersection is operated by Caltrans and was recently improved/upgraded. 3 = This intersection is shared with City of San Bernardino and the traffic signal is maintained by City of San Bernardino.

As shown, the Cooley Drive/Washington Street project ranked highest primarily because of the low cost of construction and ease of implementation/readiness. The Mount Vernon Avenue/Fairway Drive project ranked second primarily because of the high collision reduction effectiveness and location within an APP.

The prioritization of the identified projects will be finalized upon the City of Colton’s review and feedback.

Benefit‐to‐Cost Analysis
Another method to prioritize projects is using a Benefit‐Cost Ratio (BCR) calculation. For the purposes of this report, the BCR was used as a metric to determine whether the proposed countermeasures are economically viable. A BCR greater than 1.0 indicates the safety benefit cost outweighs the construction cost for proposed countermeasures. A BCR less than 1.0 indicates the construction cost outweighs the safety benefit cost.

The safety benefit for intersections was calculated using USDOT’s Benefit‐Cost Analysis Guidance for Discretionary Grant Programs (November 2024), which outlined the estimated safety cost for fatalities, injuries, and crashes. KABCO level indicates the seriousness of collisions, with K being the highest (killed), and O being the lowest (no injury). The safety benefit for each intersection was then multiplied by the countermeasure effectivenessto calculate the safety benefit that is eligible for countermeasures. The BCR for each intersection is the ratio of safety benefit that is eligible for countermeasures to the construction cost of those countermeasures.

Table 5 summarizes the results of benefit‐to‐cost analysis.

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Table 5: Benefit‐Cost Ratio Analysis
Intersection Project Safety Benefit Construction Cost Benefit‐Cost Ratio
Economically
Viable?1
La Cadena Dr/Valley Blvd $452,036 $506,215 0.89 No
Pepper Ave/San Bernardino Ave $1,511,981 $394,380 3.83 Yes Mt Vernon Ave/Washington St $262,506 $58,977 4.45 Yes
Rancho Ave/Valley Blvd $405,246 $129,473 3.13 Yes
Pepper Ave/Valley Blvd $517,643 $217,433 2.38 Yes
Cooley Dr/Washington St $2,214,657 $45,494 48.68 Yes
Reche Canyon Dr/Washington St $149,183 $25,325 5.89 Yes Rancho Ave/Mill St $513,814 $394,380 1.30 Yes
Mt. Vernon Ave/Fairway Dr $489,087 $288,480 1.70 Yes
Bluff Rd/Washington St $379,755 $198,055 1.92 Yes
1 = While a Benefit‐Cost Ratio greater than 1.0 is considered economically viable, HSIP funding eligibility requires a Benefit‐ Cost Ratio of greater than 3.5 (using the HSIP Analyzer tool).

As shown, all intersection projects were shown to be economically viable (i.e., safety benefit greater than construction cost), with the exception of the La Cadena Drive/Valley Boulevard project. It is understood that the La Cadena Drive/Valley Boulevard intersection was recently improved/upgraded, thus additional improvements may not be needed or considered desirable by the City as this time.

8. POLICY AND PROCESS CHANGES
In addition to physical improvements, policy and
process changes are considered, which include
assessment of current policies, plans, guidelines, and/or standards (i.e., manuals) to identify opportunities to
improve how processes prioritize transportation safety.

A list of potential policies developed by the National
Highway Traffic Safety Administration to improve safety conditions as specific countermeasures for the City to
consider are shown in Table 6, including each policy’s
potential effectiveness and rough cost range (low,
medium, or high) which are described after the table.

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Table 6: Policy Changes for Improved Safety
Policy Based
Countermeasure
Category
Countermeasure Effectiveness
(1 to 5)
Cost
($ to $$$)
Alcohol‐Impaired
Driving
Publicized Sobriety Checkpoints 5 $$$
High‐Visibility Saturation Patrols 4 $$
Drug‐Impaired Driving Enforcement of Drug‐Impaired Driving 3 $$ Seat Belt and Child
Restraints
Short‐Term, High‐Visibility Seat Belt Law Enforcement 5 $$$ Sustained Seat Belt Enforcement 3 Varies
Speeding and Speed
Management
Lower Speed Limits 5 $
Speed Safety Camera Enforcement 5 Varies
High‐Visibility Enforcement 5 $$$
Distracted Driving High‐Visibility Cell Phone Enforcement 4 $$$ Motorcycle Safety
Motorcycle Rider Training 2 $$
Strategies to Increase Rider Conspicuity and Use of
Protective Clothing 1 Varies
Alcohol‐Impaired Motorcyclists: Detection,
Enforcement, and Sanctions 3 Varies
Young Drivers
Enforcement of Graduated Driver Licensing (GDL) 2 $
Hazard Perception Training 2 Varies
Pedestrian Safety
Lower Speed Limits 4 $
High‐Visibility Enforcement at Pedestrian Crossings 3 $$ Pedestrian Safety Zones 4 $$$
Elementary‐Age Child Pedestrian Training 3 $
Safe Routes to School 3 $
Bicycle Safety
Promote Bicycle Helmet Use with Education 3 $$$
Safe Routes to School 3 $
Bicycle Safety Education for Children 2 $
Cycling Skills Clinics, Bike Fairs, Bike Rodeos 1 $
Source: National Highway Traffic Safety Administration Countermeasures That Work.

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The evaluation metrics mentioned in Table 6 are described as follows:

Effectiveness:
 5: Demonstrated to be effective by several high‐quality evaluations with consistent results.
 4: Demonstrated to be effective in certain situations.  3: Likely to be effective based on balance of evidence from high‐quality evaluations.  2: Limited evaluation evidence, but adheres to principles of human behavior and may be effective if implemented well.
 1: No evaluation evidence, but adheres to principles of human behavior and may be effective if implemented well.

Cost to implement:
 $$$ Requires extensive new facilities, staff, equipment, or publicity, or makes heavy demands on current resources.
 $$ Requires some additional staff time, equipment, facilities, and/or publicity.  $ Can be implemented with current staff, perhaps with training; limited costs for equipment or facilities.

The CCSAP is required to have a Leadership Commitment and Goal Setting component. This is an official public commitment (i.e., resolution, policy, ordinance) by a high ranking official and/or governing body (i.e., Mayor or City Council) to an eventual goal of zero roadway fatalities and serious injuries. The commitment must include a goal and timeline for eliminating roadway fatalities and serious injuries achieved through one, or both, of the following:

1. The target date for achieving zero roadway fatalities and serious injuries, or

2. A percentage reduction of roadway fatalities and serious injuries by a specific date with an eventual goal of eliminating roadway fatalities and serious injuries.

As part of the CCSAP, the City has committed to improving roadway safety by taking a safe system approach and the development and adoption of a zero fatalities and severe injuries from the transportation system resolution.

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9. NEXT STEPS
For the next five years, the City's needs for road safety will be guided by this living comprehensive safety action plan. The objectives will be tracked and updated as necessary. While longer‐term, more expensive projects will be included in the City of Colton’s five‐year Capital Improvement Program (CIP), low‐cost, easily implemented projects will be given priority for implementation within the City. Comprehending the forthcoming funding opportunities is crucial for the effective execution of these safety initiatives. The majority of the suggested countermeasures would likely be funded by HSIP. Countermeasures, however, can be put into place using other financing sources, such as:

1. The ATP, or Active Transportation Program

2. The program for Congestion Mitigation and Air Quality (CMAQ)

3. Sustainable Communities' Sustainable Transportation Planning Grant

4. Sources of stimulus financing

5. Capital Improvement Program (CIP)

10. PROGRESS AND TRANSPARENCY
Progress and transparency is a method to measure progress over time after an action plan is developed.

It is a meansto ensure ongoing transparency is established with residents and other relevantstakeholders As mentioned, representatives from Fire, Police, and School District and stakeholders from the Traffic Safety Committee were engaged in the development process of the CCSAP. Feedback from stakeholders was incorporated into the final document.

After the adoption of the CCSAP, the City would continue engaging with stakeholders and local residents through different platforms, such as the Traffic Safety Committee meeting, public engagement events, City’s accessible website, mail, etc. The City will provide updates and engage the public during the critical phase of the Plan, including adoption of the plan, open bid for construction, before construction, during construction, and post construction of safety improvement projects described within the Plan. The Plan would remain an active item on the Traffic Safety Committee’s agenda, which is held every month and is open to the public. The City will provide accessible project progress reports on the City’s website, and will update it regularly with the latest progress of the design, implementation, and construction of projects.

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APPENDIX A – INTERSECTION COLLISION PCF

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0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 21 22 -
Unknown
Driving Or
Bicycling
Under
Influence Of
Alcohol Or
Drug
Impeding
Traffic Unsafe Speed Following Too Closely
Wrong Side Of
Road
Improper
Passing
Unsafe Lane
Change
Improper
Turning
Automobile
Right-Of-Way
Pedestrian
Right-Of-Way
Pedestrian
Violation
Traffic Signals
And Signs
Hazardous
Parking Lights Brakes Other Equipment
Other
Hazardous
Violation
Other Than
Driver
Unsafe
Starting Or
Backing
Other
Improper
Driving

NOT STATED
1 Riverside Av Agua Mansa Rd - 1 - 2 - - - - 5 - - - 1 - - - - - - - - - 9 2 Riverside Av Miguel Bustamante Pkwy 1 1 - 1 - - - 1 1 - - - - - - - - - - - - - 5 3 Riverside Av Key St - 2 - 2 - 8 - - - 2 - - - - - - - - - - - - 14 4 Miguel Bustamante Pkwy Agua Mansa Rd 1 - - 1 - 1 1 1 1 - - - - - - - - - - 2 - - 8 5 Wildrose Av Valley Bl - - - 1 - 1 - - 1 2 1 - - - - - - - - - - 1 7 6 Indigo Av San Bernardino Av - 1 - 1 - - - - - - - - 3 - - - - - - - - - 5 7 Eucalyptus Av San Bernardino Av 1 - - 2 - - - - 1 4 - - - - - - - - - 1 - - 9 8 Eucalyptus Av Randall Av - - - - - 2 - - - - - - 6 - - - - - - - - - 8 9 Pepper Av Station Dr - - - - - 1 - - - - - - - - - - - - - 1 - - 2 10 Pepper Av San Bernardino Av 4 4 - 18 - 5 1 2 2 5 2 1 31 - - 1 - - - 1 - - 77 11 Pepper Av Violet St - - - 3 - - - - - - - 1 2 - - - - - - - - - 6 12 Pepper Av Valley Bl 4 4 - 6 3 6 - 3 3 8 1 2 9 - - - - - - - - - 49 13 Pepper Av RT 10 2 1 - - 1 1 - 1 2 - - - - - - - - - - - - - 8 14 Meridian Av Randall Av 1 - - 1 - 2 - - - - - - - - - - - - - - - - 4 15 Meridian Av Olive St - 1 - - - 1 - - - 1 - - 1 - - - - - - - - - 4 16 Meridian Av Violet St - - - - - - - - - - - - - - - - - - - - - - - 17 Meridian Av C St 1 1 - 1 - - 1 - 1 - - - - - - - - - - - - - 5 18 Meridian Av Valley Bl 1 2 - 2 - - - - 2 7 - - 2 - - - - 1 - 1 - - 18 19 Hermosa Av C St - - - - - - - - - - - - - - - - - - - - - - - 20 Hermosa Av Valley Bl - - - - - 1 - - - - - - - - - - - - - - - - 1 21 Grand Av Citrus St - - - - - - 1 - - 1 - - - - - - - - - - - - 2 22 Grand Av Laurel St - - - - - - - - - - - - 2 - - - - - - - - - 2 23 Grand Av Stevenson St - - - - - - - - - - - - - - - - - - - - - - - 24 Grand Av Olive St - - - - - - - - - - - - 1 - - - - - - - - - 1 25 Grand Av C St - - - - - - - - - - - - - - - - - - - - - - - 26 Grand Av G St - - - - - - - - - - - - - - - - - - - - - - - 27 Grand Av H St - - - - - - - - - - - - - - - - - - - - - - - 28 Grand Av Valley Bl - - - 1 - - - - 1 - - - - - - - - - - - - - 2 29 Rancho Av Mill St 2 1 - 1 - 2 - 1 2 20 3 - 13 - - - - 1 1 - - - 47 30 Rancho Av Louise St 1 1 - 1 - 1 - 1 - 5 - - - - - - - - - - - - 10 31 Rancho Av Johnston St 2 - - - - 2 - 1 - - - 1 2 - - - - - - - - - 8 32 Rancho Av Peach St - - - 2 - 1 - - - 2 - - - - - - - 1 - - - - 6 33 Rancho Av Citrus St 1 - - 4 1 2 - - 2 2 - - - - - - - - - 3 - - 15 34 Rancho Av Long Beach Dr - 1 - 1 - - - - - - - - - - - - - - - - - - 2 35 Rancho Av Laurel St - - - 1 - 1 - - 2 - - - 3 - - - - 1 1 - - - 9 36 Rancho Av Stevenson St - - 1 3 - 2 - - 1 - - - - - - - - - - - - - 7 37 Rancho Av Olive St 1 1 - - - 6 - - 1 7 - 2 4 - - - - - - - - - 22 38 Rancho Av C St - - 1 4 - 6 - - 2 5 - - 6 - - - - - - - - 1 25 39 Rancho Av E St - 1 - 1 - 1 - - - 1 - - - - - - - - - - - - 4 40 Rancho Av F St - - - 1 - 1 - - - 1 - - - - - - - - 2 - - - 5 41 Rancho Av G St 1 1 - 1 1 - - 1 - - - - - - - - - - - 1 - - 6 42 Rancho Av H St - - - - - 1 - - - 3 - - 1 - - - - - - - - - 5 43 Rancho Av Valley Bl 1 1 1 16 1 4 1 1 6 6 - - 17 - - - - 1 - - - 1 57 44 Rancho Av RT 10 3 - - 2 - 1 - - 1 - - - 12 - - - - - - - - - 19 45 Rancho Av 3rd St - - - - - - - 1 - - - - - - - - - - - - - - 1 46 Rancho Av N St 1 - - 3 - 1 1 1 - 1 - - 1 - - - - - 1 - - - 10 47 Rancho Av O St - - - - - 1 - - - 1 - - - - - - - - - - - - 2 48 Rancho Av Agua Mansa Rd - - - 5 - 7 1 - - 9 - - 4 - - - - - - 1 - - 27 49 Rancho Av Fogg St - 1 - - - - - - - 2 - - 1 - - - - - - - - - 4 50 Rancho Av La Cadena Dr 1 1 - 6 1 3 - 1 2 2 - - - - - - - - - - - - 17 51 Michigan Av Mill St - - - - - 1 1 - 1 - - - - - - - - - - - - - 3 52 2nd St Olive St - 1 - - - 2 - - - - - - - - - - - - - - - - 3 53 2nd St C St - - - - - 1 - - - - - - - - - - - - - - - - 1 54 2nd St E St - - - - - - - - - 1 - - - - - - - - - - - - 1 55 2nd St F St - - - - - - - - - - - - - - - - - - - - - - - 56 2nd St Valley Bl - - - - - - - - - - - - - - - - - - - - - - - 57 3rd St E St - - - - - 2 - - - - - - - - - - - - - - - - 2 58 3rd St F St - - - - - 1 - - - - - - - - - - - - - - - - 1 59 3rd St G St - - - - - - - 1 - - - - - - - - - - - - - - 1 Intersection Analysis by Primary Collision Factor (Violation Category) Int ID CROSS STREET A CROSS STREET B
Grand
Total

Page 814 of 1440 ends

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Intersection Analysis by Primary Collision Factor (Violation Category) Int ID CROSS STREET A CROSS STREET B
Grand
Total
60 3rd St H St - - - - - - - - - - - - - - - - - - - - - - - 61 3rd St Valley Bl 1 2 - 1 - - - 1 2 - 1 - 1 - - - - - - - - - 9 62 3rd St K St - - - - - 1 - - 1 - - - - - - - - - - - - - 2 63 3rd St L St - 1 - - - - - - - - - - - - - - - - - - - - 1 64 3rd St M St - - - - - - - - - - - - - - - - - - - - - - - 65 4th St C St - - - 1 - 3 - - - - - - - - - - - - - - - - 4 66 4th St D St - - - - - - - - - - - - - - - - - - - - - - - 67 4th St E St - - - - - - - - 1 - - - - - - - - - - - - - 1 68 4th St F St - - - - - - - - - 1 1 - 1 - - - - - - - - - 3 69 4th St G St - - - - - 1 - - - - - - - - - - - - - 1 - - 2 70 4th St H St - - - - - - - 1 - - - - - - - - - - - - - - 1 71 4th St Valley Bl - 2 - - - 2 - - - 3 - - - - - - - - - 1 - - 8 72 4th St K St - - - - - - - - - - - - - - - - - - - - - - - 73 4th St L St - - - - - - - - - - - - - - - - - - - - - - - 74 4th St M St - - - - - - - - - - - - - - - - - - - - - - - 75 4th St N St - - - - - - - 1 - - - - - - - - - - - - - - 1 76 5th St K St - - - 1 - - - 1 - - - - - - - - - - - - - - 2 77 5th St L St - - - - - 1 - - - - - - - - - - - - - - - - 1 78 5th St M St - - - - - - - - - - - - - - - - - - - - - - - 79 5th St N St - - - - - 3 - - - - - - - - - - - - - - - - 3 80 5th St Congress St - - - - - - - - - - - - - - - - - 1 - - - - 1 81 5th St Fogg St - - - - - - - - - - - - - - - - - - - - - - - 82 6th St Olive St - - - - - - - - - - - - - - - - - - - - - - - 83 7th St Olive St 1 1 - - - 2 - - - - - - 1 - - - - 1 - - - - 6 84 7th St Hanna St - - - - - - - - - 1 - - - - - - - - - - - - 1 85 7th St B St - - - 1 - - - - - - - - - - - - - - - - - - 1 86 7th St C St - - - - - - - - - - 1 - 1 - - - - - 1 - - - 3 87 7th St D St - 1 - - - - - - - - - - - - - - - - - - - - 1 88 7th St E St - - - - - 1 - - - - - - - - - - - - 1 - - - 2 89 7th St F St - 1 - - - - - - - - - - - - - - - - - - - - 1 90 7th St G St - - - - - 1 - - - 1 - - - - - - - - - - - - 2 91 7th St H St - - - - - - - - - - - - - - - - - - - - - - - 92 7th St Valley Bl - - - 1 - 1 - - 1 8 2 - - - - - - - - - - - 13 93 Pennsylvania Av Mill St 3 2 - 6 1 7 1 1 - 3 - - 2 - - - - 1 - 1 - - 28 94 Pennsylvania Av Johnston St - - - 1 - - - 1 - 1 - - - - - - - - - - - - 3 95 Pennsylvania Av Citrus St - - - - - - - - 1 - - - 1 - - - - - - - - - 2 96 Pennsylvania Av Laurel St 1 - - - - 3 - - 1 - - - 3 - - - - - - - 1 - 9 97 Pennsylvania Av Oak St - - - - - - - - - 1 - - - - - - - - - 1 - - 2 98 Pennsylvania Av Acacia St - - - - - 1 - - - - - - - - - - - - - - - - 1 99 Pennsylvania Av Olive St - - - - - 2 - - - - - - - - - - - - - - - - 2 100 Pennsylvania Av Hanna St - - - - - - - - - - - - - - - - - - - - - - - 101 Pennsylvania Av C St 1 1 - 1 - 1 - 1 - - - - 4 - - - - - - - - - 9 102 Pennsylvania Av D St - - - - - - - - - - - - - - - - - - - - - - - 103 Pennsylvania Av E St - - - - - - - - - - - - - - - - - - - - - - - 104 Pennsylvania Av F St - - - - - - - - - - - - - - - - - - - - - - - 105 Pennsylvania Av G St - - - - - 1 - - - - - - - - - - - - - - - - 1 106 Pennsylvania Av H St - - - - - 1 - - - - - - - - - - - - - - - - 1 107 Pennsylvania Av Valley Bl - - - - 1 2 - - 2 6 - - - - - - - - - - - - 11 108 La Cadena Dr Mt Vernon Av - 1 - 1 - 1 - - - 1 - - 5 - - - - - - 1 - - 10 109 La Cadena Dr Rialto Av - - - - - 2 - - - - - - - - - - - - - - - - 2 110 La Cadena Dr Laurel St - - - - - 1 - 1 - 1 - 1 - - - - - - - - - - 4 111 La Cadena Dr 10th St - 1 - - - 2 - - - - - - - - - - - - - - - - 3 112 La Cadena Dr 9th St - - - - - 1 - - - 1 - - 1 - - - - - - - - - 3 113 La Cadena Dr Olive St - - - - - 1 - 1 - - - - 6 - - - - 1 - - - - 9 114 La Cadena Dr Hanna St - 1 - 1 - 3 - - - - - - - - - - - - - - - - 5 115 La Cadena Dr B St - - - - - 1 - - - - - - - - - - - 1 - - - - 2 116 La Cadena Dr C St - - - - - 2 - - - 4 1 - 1 - - - - - - - - - 8 117 La Cadena Dr D St - - - - - - - - - 5 - - - - - - - - - - - - 5 118 La Cadena Dr E St - - - - - 2 - 1 1 1 - - 1 - - - - - - - - - 6

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Grand
Total
119 La Cadena Dr F St - - - - - - - - - - - - - - - - - - - - - - - 120 La Cadena Dr G St - 1 - - - 1 - - - - - - - - - - - - 1 1 - - 4 121 La Cadena Dr H St - - - - - - - - - 1 - - 2 - - - - - - - - 1 4 122 La Cadena Dr Valley Bl 10 4 2 6 4 5 - 3 6 53 - - 10 - - - - 6 - 1 - - 110 123 La Cadena Dr RT 10 - - - - - - - - - - - - - - - - - - - - - - - 124 La Cadena Dr K St - - - - - - - - - - - - - - - - - - - - - - - 125 La Cadena Dr L St - - - 1 - 1 - 1 1 3 - - - - - - - - - - - - 7 126 La Cadena Dr M St - 1 - 6 - 1 - - - 1 2 - 2 - - - - 1 - 6 - - 20 127 La Cadena Dr N St 1 1 - 2 - 2 - - 1 1 - - 3 - - - - - - - - - 11 128 La Cadena Dr O St - - - - - 2 - 1 1 4 - - - - - - - - - - - - 8 129 La Cadena Dr 7th St - - - 2 - 1 - - - 1 - - - - - - - - - 1 - - 5 130 La Cadena Dr Fogg St - 2 - 2 - 2 - 1 1 10 - - - - - - - - - - - - 18 131 La Cadena Dr Tropica Rancho Rd 1 2 - 1 - 1 - - 1 - - - - - - - - 1 - - - - 7 132 La Cadena Dr Litton Av - - - 2 - 1 - - - - - - 3 - - - - - - - - - 6 133 La Cadena Dr RT 215 - - - - - 1 - - - - - - - - - - - - 1 - - - 2 134 Iowa Av RT 215 - - - 3 - - 1 - - - - - 2 - - - - - - - - - 6 135 Iowa Av Main St - 1 - - - 1 - 1 - 1 - - - - - - - - - 1 - - 5 136 Iowa Av La Cadena Dr 1 4 1 5 1 6 3 2 1 2 - - - - - - - 1 - 1 - - 28 137 9th St Olive St - - - - - 1 - - - - - - - - - - - - - 2 - - 3 138 9th St Hanna St - - - - - - - - - 1 - - - - - - - - - - 1 - 2 139 9th St B St - - - - - - - - - 1 - - - - - - - - - - - - 1 140 9th St C St - - - 1 - 1 1 - - - - - 4 - - - - 1 - - - - 8 141 9th St D St - - - - - - - - - - - - - - - - - - - - - - - 142 9th St E St 1 - - - - - - - - - - - - - - - - - - - - - 1 143 9th St F St - - - - - - - - - - - - 1 - - - - - - - - - 1 144 9th St G St - 1 - - - - - - - 6 - - 3 - - - - - - - - - 10 145 9th St H St - - - - - - - - - - - - 1 - - - - - - - - - 1 146 9th St Valley Bl - 1 - 1 1 2 1 1 3 - 1 - 8 - - - - 1 - 1 - - 21 147 10th St Olive St - 1 - - - 2 - - 1 1 - - - - - - - - - - - - 5 148 10th St Hanna St - - - - - 1 - - - - - - - - - - - - - - - - 1 149 10th St B St - - - - - - - - - - - - 1 - - - - - - - - - 1 150 10th St C St - - - - - 3 - - - - - - - - - - - - - - - - 3 151 10th St D St - - - - - - - - - - - - 1 - - - - - - - - - 1 152 10th St E St - - - - - - - - 1 - - - - - - - - - - - - - 1 153 10th St F St - - - 1 - - - - - 1 - - 2 - - - - - - - - - 4 154 10th St Colton Av - - - - - - - - - - - - - - - - - - - - - - - 155 10th St H St 1 - - - - 1 1 - - - - - - - - - - - - - - - 3 156 10th St Valley Bl - - - - - 2 - - - 1 - - - - - - - - - 2 1 - 6 157 11th St B St - - - - - - - - - - - - - - - - - - - - - - - 158 11th St C St - - - - - 1 - - - - - - - - - - - - - - - - 1 159 11th St D St - - - - - - - - 1 - - - - - - - - - - - - - 1 160 12th St B St - - - - - - - - - - - - - - - - - - - - - - - 161 12th St C St - 1 - - - 1 - - - - - - - - - - - - - - - - 2 162 Colton Av C St - - - - - 1 - - - - - - 2 - - - - - - - - - 3 163 Colton Av D St - - - - - - - - - - - - - - - - - - - - - - - 164 Colton Av E St - 1 - 1 - 1 - - - - - - - - - - - - - - - - 3 165 Colton Av F St - - - - - - - - - - - - - - - - - - - - - - - 166 Colton Av G St - - - - - - - - - - - - - - - - - - - - - - - 167 13th St C St - - - - - - - - - - - - - - - - - - - - - - - 168 13th St E St - - - - - - - - - - - - - - - - - - - - - - - 169 13th St F St - - - - - 1 - - - 1 - - - - - - - - - - - - 2 170 13th St G St - - - - - - - - - 1 - - 1 - - - - - - - - - 2 171 13th St H St - - - - - - - - - - - - - - - - - - - - - - - 172 Mt Vernon Av Johnston St - - - - - - - - - 4 - - - - - - - - - - - - 4 173 Mt Vernon Av Citrus St - - - - 1 - - - - 1 - - - - - - - - - - - - 2 174 Mt Vernon Av Hillcrest Av - 1 - - - 1 - - 1 2 - - - - - - - - - - - - 5 175 Mt Vernon Av Laurel St - 2 - 3 - 4 - 1 1 3 1 - 1 - - - - 1 - - - - 17 176 Mt Vernon Av Lemon St - - - 1 - - - 1 - 2 - - - - - - - - - - - - 4 177 Mt Vernon Av Olive St - - 2 7 1 3 - - 1 3 - - 2 - - - - - - - - - 19

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Grand
Total
178 Mt Vernon Av Palm Dr - - - 1 - - - - - 3 - - - - - - - - - - - - 4 179 Mt Vernon Av Colton Av 1 1 - 7 - 3 - - 1 4 1 - 6 - - - - - - 1 - - 25 180 Mt Vernon Av Shasta Dr - - - 1 - 1 - - 1 1 - - 1 - - - - - - 1 - - 6 181 Mt Vernon Av C St - - - 2 - 1 - - - 3 - - 1 - - - - - - - - - 7 182 Mt Vernon Av Carreon Dr - - - - - 1 - - - - - - - - - - - - - - - - 1 183 Mt Vernon Av D St - - - 1 - 1 - - 1 2 - - - - - - - - - - - - 5 184 Mt Vernon Av E St - 1 - 1 - 1 - - - - - - - - - - - - - - - - 3 185 Mt Vernon Av Fairway Dr - - 2 3 - 7 2 - 5 16 - 1 2 - - - - - - 1 1 - 40 186 Mt Vernon Av G St - 1 - - - 1 - - - 1 - - - - - - - - - - - - 3 187 Mt Vernon Av H St - 1 1 - - 2 - - 2 2 - - - - - - - - - - - - 8 188 Mt Vernon Av Valley Bl - 2 - 15 2 3 - 1 5 2 - - 2 - - - - - - 1 - - 33 189 Mt Vernon Av RT 10 - 1 - - - - - - 1 - - - - - - - - - - - - - 2 190 Mt Vernon Av Mission St - 1 2 6 - 2 1 1 1 - - - 2 - - - - - - - - - 16 191 Mt Vernon Av M St - 1 - 4 1 6 - 1 - 2 - - - - - - 1 1 1 - - - 18 192 Mt Vernon Av Cooley Dr - 1 - 5 1 3 - 1 - 5 - 1 2 - - - 1 1 - - - 1 22 193 Mt Vernon Av Santo Antonio Dr - 1 1 - - 2 - 1 2 2 3 - 5 - - - - - 1 - - - 18 194 Mt Vernon Av Centerpointe Dr - - - 3 1 1 - 1 1 - - 2 3 - - - - - - - - - 12 195 Mt Vernon Av Washington St 2 3 2 14 4 9 1 5 8 8 - 1 7 - - - - 1 - 1 - 1 67 196 Mt Vernon Av RT 215 - - - 1 1 - - - - - - - - - - - - - - - - - 2 197 Washington St RT 215 - - - - 1 - - 1 - - - - - - - - - 1 - - - - 3 198 Fairview Av Grant Av - - - - - - - - - - - 1 - - - - - - - - - - 1 199 Fairview Av Hillcrest Av - - - 1 - - - - - - - - - - - - - - - 1 - - 2 200 Fairview Av Laurel St - - - - - - - - - - - - - - - - - - - - - - - 201 Fairview Av Olive St - - - - - 1 - - - - - - - - - - - - - 1 - - 2 202 Fairview Av Colton Av - - - 1 - - - - - - 1 - - - - - - - - - - - 2 203 Sperry Dr Colton Av - - - - - - - - - - - - - - - - - - - - - - - 204 Sperry Dr Shasta Dr - - - - - 1 - - - - - - - - - - - - - - - - 1 205 Sperry Dr Fairway Dr - 2 1 2 - 3 - - - 2 - - 3 - - - - - - - - - 13 206 Sperry Dr G St - - - - - - - - - - - - - - - - - - - - - - - 207 Sperry Dr H St - - - 1 - - - - 2 - - - - - - - - - - - - - 3 208 Sperry Dr Valley Bl - - - - - 3 - - - - - - - - - - - - - 1 - - 4 209 Sperry Dr RT 10 - - - - - - - - - - - - - - - - - - - - - - - 210 Cooley Dr Ashley Wy - 1 - 6 - 4 - 2 2 1 - - 1 - - - - 1 - - - - 18 211 Cooley Dr Valleywood St - - - - - 1 - - - 1 - - - - - - - - - - - - 2 212 Cooley Dr Cooley Ln - 1 - - 1 1 - - 1 1 - - 3 - - - - - - - - - 8 213 Cooley Dr Old Ranch Rd 1 - - 1 - 1 - - 1 2 - - - - - - - - - 1 - - 7 214 Cooley Dr Washington St 2 3 1 9 2 10 - 1 4 4 1 - 11 - - - - 1 - - - - 49 215 Center Dr Barton Rd - - - 2 - 2 - 1 1 1 - - - - - - - - - - - - 7 216 Bluff Rd Washington St - 1 3 12 1 4 1 4 2 4 - 1 2 - - - - - - 1 - - 36 217 Meadow Ln Old Ranch Rd - 1 - 1 - 1 - - 1 - - - - - - - - - - - - - 4 218 Meadow Ln Washington St - 1 2 8 3 1 - 3 3 8 - 2 3 - - - - - - - - - 34 219 Center Dr Washington St - 1 - 1 - 1 - - - 3 - - - - - - - - - - - - 6 220 Walin St Washington St - - - 2 - 4 - - 3 1 - - - - - - - 1 - - - - 11 221 Mohave Dr Washington St - 1 1 5 1 5 - 1 1 - - - 4 - - - - 2 - - - - 21 222 Reche Canyon Rd Washington St 2 5 1 19 2 3 - 3 2 1 - - 10 - - - - - - - - - 48 223 Reche Canyon Rd Placid Ln - - - - - - - - - - - - - - - - - - - - - - - 224 Reche Canyon Rd Prado Ln - - - 1 - 1 - 1 - - - - - - - - - - - - - - 3 225 Reche Canyon Rd Westwood St - - - - - - - - - 1 - - - - - - - - - - - - 1 226 Reche Canyon Rd Topanga Wy - - - 7 - 2 - - 1 1 - - 2 - - - - - 1 - - - 14 227 Reche Canyon Rd Shadid Dr - - - 2 - 1 1 - - - - - - - - - - - 1 - 1 - 6 228 Reche Canyon Rd Michelle Dr - - - 3 - - - 1 - - - - - - - - - - - - - - 4 229 Reche Canyon Rd Shane Dr - - - 3 - 4 - - - - - - - - - - - - 1 - - - 8 230 Reche Canyon Rd Scotch Ln - - - 1 - 5 - 1 - - - - - - - - - - 1 - - - 8 231 Hunts Ln Steel Rd - - - 1 - - - - - 3 - - - - - - - - - - - - 4 232 Hunts Ln Oliver Holmes Rd 1 1 - - - - - - - - - - - - - - - - - - - - 2 233 Hunts Ln Cooley Ln 1 1 - 2 - 1 - - 1 4 - - 5 - - - - - - - - - 15 234 Hunts Ln Stewart St - - - - - - - - - 4 - - - - - - - - - - - - 4 235 Hunts Ln Washington St 1 2 - 6 3 1 1 1 3 3 - - 2 - - - - - 1 1 - - 25 236 Waterman Av Washington St 3 1 1 1 - 2 - 1 1 4 - - 4 - - - - - - - - 1 19

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Grand
Total
Grand Total 66 102 26 316 42 287 23 71 128 341 23 17 280 - - 1 2 31 16 43 5 7 1,827

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Citywide Comprehensive Safety Action Plan
Iteris, Inc. | Appendix B
APPENDIX B – CORRIDOR COLLISION PCF

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# Corridor 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 21 22 - Unknown
Driving Or
Bicycling
Under
Influence Of
Alcohol Or
Drug
Impeding
Traffic Unsafe Speed Following Too Closely
Wrong Side Of
Road
Improper
Passing
Unsafe Lane
Change
Improper
Turning
Automobile
Right-Of-Way
Pedestrian
Right-Of-Way
Pedestrian
Violation
Traffic Signals
And Signs
Hazardous
Parking Lights Brakes Other Equipment
Other
Hazardous
Violation
Other Than
Driver
Unsafe
Starting Or
Backing
Other
Improper
Driving

NOT STATED
1 Agua Mansa Rd 1 2 - 6 - 20 3 - 2 3 - - - - - - - 1 1 2 - - 41 2 Auto Center Dr - - - - - - - - - - - - - - - - - - - - - - - 3 Barton Rd - 1 - 1 - 1 - - - - - - - - - - - - - - - - 3 4 C St - 1 - 2 - 4 - - - 1 - - - - - - - - - - - - 8
5 Citrus St - - - 2 - 2 - - - - - - - - - - - - - - - - 4 6 Colton Av - - - - - 3 - - - - - 1 - - - - - - - - - - 4 7 Congress St - - - - - - - - - - - - - - - - - - - - - - - 8 Center Dr - - - - - - - - - - - - - - - - - - - 1 - - 1 9 Cooley Dr - 1 - 6 - 4 - - - 4 - - - - - - - - 1 1 - 1 18 10 D St - - - 1 - - - - - - - - - - - - - - - - - - 1
11 E St - - - - - 1 - - - - - - - - - - - - - - - - 1
12 Eucalyptus Av - - - - - - - - - - - - - - - - - - - - - - - 13 F St - - - 1 - 2 - - - - - - - - - - - - - - - - 3
14 Fairway Dr 1 4 - 3 1 1 1 - - - - - - - - - - - - 1 - - 12 15 Fairview Av - - - 1 - - - - - - - - - - - - - - - - - - 1 16 Fogg St - - - - - 1 1 - - - - - - - - - - - - - 1 - 3 17 G St 1 - - - - 1 1 1 1 - - 2 - - - - - - - - - - 7
18 H St 1 - - - - 1 - - - - - - - - - - - - - - - - 2
19 Hunts Ln - - - 1 - - - - - - - - - - - - - - - - - - 1 20 Iowa Av - 1 - 4 - 1 1 - 1 4 - - - - - - - - - - - - 12 21 Johnston St - - - - - 1 - 1 - - - - - - - - - - - - - - 2 22 La Cadena Dr 1 6 - 11 1 13 - 6 2 2 - 2 - - - - - - - - - 1 45 23 Laurel St - - - - - - 1 - 1 1 - - - - - - - - - - - - 3 24 M St - - - 1 - 2 - 1 - - - - - - - - - - - - - - 4
25 Meadow Ln - - - 1 - 1 - - 1 - - - - - - - - - - - - - 3 26 Meridian Av - - - - - 1 - - 1 - - - - - - - - - - - - - 2 27 Miguel Bustamante Pkwy - - - 2 - 4 - - - 1 - - - - - - - - - 1 - - 8 28 Mill St 2 2 1 2 - 8 - 1 2 6 - - - 1 - - - 4 - - - 1 30 29 Mt Vernon Av 2 5 1 13 1 19 3 4 4 6 - 2 1 - - - - 1 - - 1 - 63 30 N St - - - - - - - - - - - - - - - - - - - - - - -
31 O St - - - - - - - - - - - - - - - - - - - - - - -
32 Olive St - 2 - - - 1 - - - - - - - - - - - - - - - - 3 33 Pennsylvania Av 1 1 - 1 - 4 - 1 - - - - - - - - - - - - - 1 9 34 Pepper Av 1 2 - 8 - 4 - - 3 2 - 2 1 - - - - - - - - - 23 35 Rancho Av 2 5 - 10 2 19 1 5 2 5 1 1 - - - - - - - 1 - - 54 36 Randall Av - - - - - 1 - - 1 3 - - - - - - - - - 1 - - 6 37 Reche Canyon Rd 1 4 - 10 3 19 2 5 4 4 - - - - - - - - 3 - - - 55 38 Rialto Av - 1 - - - - - - - - - - - - - - - - - - - - 1 39 Riverside Av - - - 1 1 1 - - 3 1 - - - - - - - - - 1 - - 8 40 RV Center Dr - - - - - 2 - - - - - - - - - - - - - - - - 2 41 San Bernardino Av - - - 2 - 1 - - - 4 - - - - - - - - - - - - 7 42 Santo Antonio Dr - 2 - 2 - 4 1 - 3 - - - - - - - - - - 1 - - 13 43 Shasta Dr - - - - - - - - - - - - - - - - - - - - - - - 44 Sperry Dr - - - 1 - 1 - - - 1 - - - - - - - - - - - - 3 45 Steel Rd - 2 - - - 2 - - - 4 - - - - - - - - - - - 1 9 46 Valley Bl - 2 - 4 - 3 - 3 1 3 - 1 - - - - - - - 1 - - 18 47 Washington St 2 5 3 14 1 10 1 7 4 8 - 3 - - - - - 2 - 3 - 2 65 48 2nd St - - - - - 1 - - - - - - - - - - - - - - - - 1 49 3rd St - - - - - - - - - 1 - - - - - - - - - - - - 1 50 4th St - - - - - - - - - - - - - - - - - - - - - - - 51 5th St - - - - - - - - - - - - - - - - - - - - - - - 52 7th St - - - - - - - - - - - - - - - - - - - 1 - - 1 Grand
Total
Corridor Analysis by Primary Collision Factor (Violation Category)

Page 820 of 1440 ends

NOT STATED
Grand
Total
Corridor Analysis by Primary Collision Factor (Violation Category) 53 8th St - 2 - - - - - - 2 1 - - - - - - - - - - 1 - 6 54 9th St 1 - - 2 - 1 - - - - - - - - - - - - - - - - 4 55 10th St - - - - - 1 - - - - - - - - - - - - - - - - 1 56 11th St - - - - - - - - - - - - - - - - - - - - - - - 57 12th St - - - 1 - - - - - - - - - - - - - - - - - - 1 58 Iowa Av - 1 - 4 - 1 1 - 1 4 - - - - - - - - - - - - 12 Grand Total 17 52 5 118 10 167 17 35 39 69 1 14 2 1 - - - 8 5 15 3 7 585

Page 821 of 1440 ends

Figure B-1
SCAG Regional High Injury Network
City of Colton
Citywide Comprehensive Safety Action Plan

NOT TO SCALE
10 215
SCAG 2022 High Injury Network
Data Source
High Injury Network
Legend
Valley Blvd
San Bernardino Ave
Mill St
Fairway Dr
Washington St
Records: 5,964

Page 822 of 1440 ends

Citywide Comprehensive Safety Action Plan
Iteris, Inc. | Appendix C
APPENDIX C – CONCEPTUAL INTERSECTION IMPROVEMENT

PLAN SHEETS

Page 823 of 1440 ends

Figure C-1
Proposed Improvements at La Cadena Drive/Valley Boulevard Valley Blvd
La Cadena Dr
Refresh striping of existing crosswalk
Install speed limit signs (R2-1) with fluorescent sheeting Install permissive- protected left turn signal head with flashing yellow arrows for NB/SB direction
Replace EB and WB left turn protective permissive
5-section head traffic signals with fully protected
left turns, or flashing yellow arrow
Change NB/SB to split phasing
Recommended Improvements:
6 5
4 3
2 1
Unknown (10 collisions)
Traffic Signals and Signs (10 collisions)
Automobile Right-Of-Way (53 collisions)
Primary Collision Factor:

Complaint of Pain: 45
Other Visible Injury: 13
Severe Injury: 4
Fatal Injury: 0
Property Damage Only: 48
120 collisions from January 2018 to December 2023
6 5
Install speed limit signs (R2-1) with fluorescent sheeting 4 Install speed limit signs (R2-1) with fluorescent sheeting 4 3
2 1
Modify signal phasing to implement an LPI
City of Colton
Citywide Safety Action Plan
N

NOT TO SCALE

Page 824 of 1440 ends

Figure C-2
Proposed Improvements at Pepper Avenue/San Bernardino Avenue San Bernardino Ave
Pepper Av
e
Refresh striping of existing crosswalk
Install raised median on the west leg
Improve intersection signal timing based on the new
split phasing or protected left turn phasing for EB/WB
direction
Implement split phasing for EB and WB, or install
protected left turn signal head with flashing yellow
arrows for EB/WB direction
Modify signal phasing to implement an LPI
Recommended Improvements:
5 4
3 2
1 Unsafe Speed (18 collisions)
Traffic Signals and Signs (31 collisions)
Primary Collision Factor:

Complaint of Pain: 26
Other Visible Injury: 17
Severe Injury: 4
Fatal Injury: 0
Property Damage Only: 30
77 collisions from January 2018 to December 2023
5 Install raised median on the west leg 4
3 2
1 City of Colton
Citywide Safety Action Plan
N

NOT TO SCALE

Page 825 of 1440 ends

Figure C-3
Proposed Improvements at Mt Vernon Avenue/Washington Street Washington St
Mt Vernon Av
e
Install raised median on the west leg
Provide “cat track” striping to guide EB left movements Implement right turn overlap phasing for EBR
Modify signal phasing to implement an LPI
Recommended Improvements:
4 3
2 1
Automobile Right of Way (8 collisions)
Improper Turning (8 collisions)
Wrong Side of Road (9 collisions)
Unsafe Speed (14 collisions)
Primary Collision Factor:

Complaint of Pain: 13
Other Visible Injury: 4
Severe Injury: 0
Fatal Injury: 0
Property Damage Only: 50
67 collisions from January 2018 to December 2023
Install raised median on the west leg
4 3
2 1
City of Colton
Citywide Safety Action Plan
N

NOT TO SCALE

Page 826 of 1440 ends

Figure C-4
Proposed Improvements at Rancho Avenue/Valley Boulevard Valley Blvd
Rancho Av
e
Install raised median on the west leg
Refresh striping of existing crosswalk
Install speed limit signs (R2-1) with fluorescent sheeting Improve signal timing
Install signal backplates with retroreflective borders
Modify signal phasing to implement an LPI
Recommended Improvements:
6 5
4 3
2 1
Unsafe Speed (16 collisions)
Traffic Signals and Signs (17 collisions)
Primary Collision Factor:

Complaint of Pain: 17
Other Visible Injury: 3
Severe Injury: 1
Fatal Injury: 0
Property Damage Only: 36
57 collisions from January 2018 to December 2023
Install raised median on the west leg
6 5
Install speed limit signs (R2-1) with fluorescent sheeting 4 Install speed limit signs (R2-1) with fluorescent sheeting 4 3
2 1
City of Colton
Citywide Safety Action Plan
N

NOT TO SCALE

Page 827 of 1440 ends

Figure C-5
Proposed Improvements at Pepper Avenue/Valley Boulevard Valley Blvd
Pepper Ave
Install raised median on the west leg and east leg
Improve signal timing
Install signal backplates with retroreflective borders
Modify signal phasing to implement an LPI
Recommended Improvements:
4 3
2 1
Automobile Right of Way (8 collisions)
Traffic Signals and Signs (9 collisions)
Primary Collision Factor:

Complaint of Pain: 14
Other Visible Injury: 10
Severe Injury: 0
Fatal Injury: 0
Property Damage Only: 25
49 collisions from January 2018 to December 2023
Install raised median on the east leg
4 Install raised median on the west leg
4 3
2 1
City of Colton
Citywide Safety Action Plan
N

NOT TO SCALE

Page 828 of 1440 ends

Figure C-6
Proposed Improvements at Cooley Drive/Washington Street Barton Rd
Washington St
Cooley Dr
Install signal backplates with retroreflective borders
Add “Yield to Pedestrians” sign for EB right movements
Install parallel crosswalk marking between the southwest corner and southwest corner refuge island
Provide “cat track” striping to guide SB left and
SB through movements
Modify signal phasing to implement an LPI
Recommended Improvements:
5 4
3 2
1 Unsafe Speed (9 collisions)
Wrong Side of Road (10 collisions)
Traffic Signals and Signs (11 collisions)
Primary Collision Factor:

Complaint of Pain: 13
Other Visible Injury: 4
Severe Injury: 1
Fatal Injury: 1
Property Damage Only: 30
49 collision from January 2018 to December 2023
5 Add “Yield Here to Pedestrians” sign
4 4
3 2
1 City of Colton
Citywide Safety Action Plan
N

NOT TO SCALE

Page 829 of 1440 ends

Figure C-7
Proposed Improvements at Reche Canyon Road/Washington Street Washington St
Reche Canyon Rd
Refresh striping of existing crosswalk
Install speed limit signs (R2-1) with fluorescent sheeting Provide “cat track” striping to guide NB left movements Install signal backplates with retroreflective borders
Modify signal phasing to implement an LPI
Recommended Improvements:
5 4
3 2
1 Traffic Signals and Signs (10 collisions)
Unsafe Speed (19 collisions)
Primary Collision Factor:

Complaint of Pain: 10
Other Visible Injury: 4
Severe Injury: 0
Fatal Injury: 0
Property Damage Only: 34
48 collisions from January 2018 to December 2023
5 Install speed limit signs (R2-1) with fluorescent sheeting 4 Install speed limit signs (R2-1) with fluorescent sheeting 4 3
2 1
City of Colton
Citywide Safety Action Plan
N

NOT TO SCALE

Page 830 of 1440 ends

Figure C-8
Proposed Improvements at Rancho Avenue/Mill Street
Mill St
Rancho Ave
Refresh striping of existing crosswalk
Install raised median on the west leg and east leg
Update signal timing with protected NB/SB left turn phases Install permissive-protected left turn signal head with flashing yellow arrows for NB/SB direction
Modify signal phasing to implement an LPI
Recommended Improvements:
5 4
3 2
1 Traffic Signals and Signs (13 collisions)
Automobile Right-Of-Way (20 collisions)
Primary Collision Factor:

Complaint of Pain: 16
Other Visible Injury: 7
Severe Injury: 0
Fatal Injury: 0
Property Damage Only: 24
47 collisions from January 2018 to December 2023
5 Install raised median on the east leg 4
Install raised median on the west leg
4 1 2 3
City of Colton
Citywide Safety Action Plan
N

NOT TO SCALE

Page 831 of 1440 ends

Figure C-9
Proposed Improvements at Mt Vernon Avenue/Fairway Drive F St
Mt Vernon Av
e
Fairway Dr
Install raised median on the east leg
Update signal timing with protected NB/SB left turn phases Install protected left turn signal head for NB/SB direction with new NB/SB left turn phasing
Modify signal phasing to implement an LPI
Recommended Improvements:
4 3
2 1
Wrong Side of Road (7 collisions)
Automobile Right-Of-Way (16 collisions)
Primary Collision Factor:

Complaint of Pain: 12
Other Visible Injury: 9
Severe Injury: 0
Fatal Injury: 0
Property Damage Only: 19
40 collisions from January 2018 to December 2023
Install raised median on the east leg
4 1 2 3
City of Colton
Citywide Safety Action Plan
N

NOT TO SCALE

Page 832 of 1440 ends

Figure C-10
Proposed Improvements at Bluff Road/Washington Street
Washington St
Bluff R
d
Install raised median on the south leg
Install speed limit signs (R2-1) with fluorescent sheeting Improve signal timing by extending all-red time in the
EB/WB direction
Convert SB signal from pedestal-mounted to mast arm,
install backplates with retroreflective borders
Modify signal phasing to implement an LPI
Recommended Improvements:
5 4
3 2
1 Unsafe Speed (12 collisions)
Primary Collision Factor:

Complaint of Pain: 5
Other Visible Injury: 4
Severe Injury: 2
Fatal Injury: 0
Property Damage Only: 25
36 collisions from January 2018 to December 2023
5 Install speed limit signs (R2-1) with fluorescent sheeting 4 3
2 1
City of Colton
Citywide Safety Action Plan
N

NOT TO SCALE

Page 833 of 1440 ends

Citywide Comprehensive Safety Action Plan
Iteris, Inc. | Appendix D
APPENDIX D – INTERSECTION IMPROVEMENTS

COST ESTIMATES

Page 834 of 1440 ends

No. Item Description Unit Quantity Unit Cost Total Cost 1 Change NB/SB to split phasing EA 1 $10,000 $10,000
2 Replace EB and WB left turn protective permissive 5‐section head traffic signals with fully protected left turns, or flashing yellow arrow EA 1 $200,000 $200,000
3 Install permissive‐ protected left turn signal head with flashing yellow arrows for NB/SB direction EA 1 $200,000 $200,000 4 Install speed limit signs (R2‐1) with fluorescent sheeting EA 2 $598 $1,196 5 Refresh striping of existing crosswalk LF 1000 $3.65 $3,650 6 Modify signal phasing to implement an LPI EA 1 $7,000 $7,000 20% $84,369
No. Item Description Unit Quantity Unit Cost Total Cost 1 Modify signal phasing to implement an LPI EA 1 $7,000 $7,000 2 Implement split phasing for EB and WB, or install protected left turn signal head with flashing yellow arrows for EB/WB direction EA 1 $200,000 $200,000
3 Improve intersection signal timing based on the new split phasing or protected left turn phasing for EB/WB direction EA 1 $10,000 $10,000
4 Install raised median on the west leg SF 3000 $36 $108,000 5 Refresh striping of existing crosswalk LF 1000 $3.65 $3,650 20% $65,730
No. Item Description Unit Quantity Unit Cost Total Cost 1 Modify signal phasing to implement an LPI EA 1 $7,000 $7,000 2 Implement right turn overlap phasing for EBR EA 1 $20,000 $20,000 3 Provide “cat track” striping to guide EB left movements LF 150 $3.65 $548 4 Install raised median on the west leg SF 600 $36 $21,600 20% $9,830
No. Item Description Unit Quantity Unit Cost Total Cost 1 Modify signal phasing to implement an LPI EA 1 $7,000 $7,000 2 Install signal backplates with retroreflective borders EA 16 $878 $14,048 3 Improve signal timing EA 1 $10,000 $10,000
4 Install speed limit signs (R2‐1) with fluorescent sheeting EA 2 $598 $1,196 5 Refresh striping of existing crosswalk LF 1000 $3.65 $3,650 6 Install raised median on the west leg SF 2000 $36 $72,000 20% $21,579
No. Item Description Unit Quantity Unit Cost Total Cost 1 Modify signal phasing to implement an LPI EA 1 $7,000 $7,000 2 Install signal backplates with retroreflective borders EA 23 $878 $20,194 3 Improve signal timing EA 1 $10,000 $10,000
4 Install raised median on the west leg and east leg SF 4000 $36 $144,000 20% $36,239
No. Item Description Unit Quantity Unit Cost Total Cost 1 Modify signal phasing to implement an LPI EA 1 $7,000 $7,000 2 Provide “cat track” striping to guide SB left and SB through movements LF 350 $3.65 $1,278 3 Install between parallel crosswalk marking the southwest corner and southwest corner refuge island EA 1 $10,000 $10,000 4 Add “Yield to Pedestrians” sign for EB right movements EA 2 $598 $1,196 5 Install signal backplates with retroreflective borders EA 21 $878 $18,438 20% $7,582
Table D‐6: Cost Estimate for Cooley Drive/Washington Street Total Construction Cost $37,912
Contingencies of Total Construction Cost
Total Construction Cost (including contigencies) $45,494 Table D‐5: Cost Estimate for Pepper Avenue/Valley Boulevard Total Construction Cost $181,194
Contingencies of Total Construction Cost
Total Construction Cost (including contigencies) $217,433 Table D‐4: Cost Estimate for Rancho Avenue/Valley Boulevard Total Construction Cost $107,894
Contingencies of Total Construction Cost
Total Construction Cost (including contigencies) $129,473 Table D‐3: Cost Estimate for Mt Vernon Avenue/Washington Street Total Construction Cost $49,148
Contingencies of Total Construction Cost
Total Construction Cost (including contigencies) $58,977 Table D‐2: Cost Estimate for Pepper Avenue/San Bernardino Avenue Total Construction Cost $328,650
Contingencies of Total Construction Cost
Total Construction Cost (including contigencies) $394,380 Table D‐1: Cost Estimate for La Cadena Drive/Valley Boulevard Total Construction Cost $421,846
Contingencies of Total Construction Cost
Total Construction Cost (including contigencies) $506,215

Page 835 of 1440 ends

No. Item Description Unit Quantity Unit Cost Total Cost 1 Modify signal phasing to implement an LPI EA 1 $7,000 $7,000 2 Install signal backplates with retroreflective borders EA 12 $878 $10,536 3 Provide “cat track” striping to guide NB left movements LF 150 $3.65 $548 4 Install speed limit signs (R2‐1) with fluorescent sheeting EA 2 $598 $1,196 5 Refresh striping of existing crosswalk LF 500 $3.65 $1,825 20% $4,221
No. Item Description Unit Quantity Unit Cost Total Cost 1 Modify signal phasing to implement an LPI EA 1 $7,000 $7,000 2 Install permissive‐protected left turn signal head with flashing yellow arrows for NB/SB direction EA 1 $200,000 $200,000 3 Update signal timing with protected NB/SB left turn phases EA 1 $10,000 $10,000 4 Install raised median on the west leg and east leg SF 3000 $36 $108,000 5 Refresh striping of existing crosswalk LF 1000 $3.65 $3,650 20% $65,730
No. Item Description Unit Quantity Unit Cost Total Cost 1 Modify signal phasing to implement an LPI EA 1 $7,000 $7,000 2 Install protected left turn signal head for NB/SB direction with new NB/SB left turn phasing EA 1 $200,000 $200,000 3 Update signal timing with protected NB/SB left turn phases EA 1 $10,000 $10,000 4 Install raised median on the east leg SF 650 $36 $23,400 20% $48,080
No. Item Description Unit Quantity Unit Cost Total Cost 1 Modify signal phasing to implement an LPI EA 1 $7,000 $7,000 2A Convert SB signal from pedestal‐mounted to mast arm EA 1 $110,000 $110,000 2B Install backplates with retroreflective borders EA 16 $878 $14,048 3 Improve signal timing by extending all‐red time in the EB/WB direction EA 1 $10,000 $10,000 4 Install speed limit signs (R2‐1) with fluorescent sheeting EA 1 $598 $598 5 Install raised median on the south leg SF 650 $36 $23,400 20% $33,009
Table D‐10: Cost Estimate for Bluff Road/Washington Street Total Construction Cost $165,046
Contingencies of Total Construction Cost
Total Construction Cost (including contigencies) $198,055 Table D‐9: Cost Estimate for Mt Vernon Avenue/Fairway Drive Total Construction Cost $240,400
Contingencies of Total Construction Cost
Total Construction Cost (including contigencies) $288,480 Table D‐8: Cost Estimate for Rancho Avenue/Mill Street
Total Construction Cost $328,650
Contingencies of Total Construction Cost
Total Construction Cost (including contigencies) $394,380 Table D‐7: Cost Estimate for Reche Canyon Road/Washington Street Total Construction Cost $21,105
Contingencies of Total Construction Cost
Total Construction Cost (including contigencies) $25,325

Page 836 of 1440 ends

Item: 10.

Staff Report
Meeting Date: July 15, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Contract Amendment – Epic Land Solutions, Inc and HW Lochner – Approve Contract Amendment with Epic Land Solutions, Inc and HW Lochner for the Right of Way Phase Support for the Mt. Vernon Avenue over Union Pacific Railroad (UPRR) Tracks Bridge Widening Project.

Recommended Action:

Staff recommend that the City Council:

1. Approve Amendment No. 2 to Epic Land Solutions, Inc. professional services contract for the Right of Way Phase of the Mt. Vernon Avenue over Union Pacific Railroad (UPRR) Tracks Bridge Widening Project in an amount of $12,000; and authorize City Manager to execute the amended agreement.

2. Approve Amendment No. 2 to HW Lochner professional services contract for engineering support for the Right of Way Phase of the Mt. Vernon Avenue over Union Pacific Railroad (UPRR) Tracks Bridge Widening Project in an amount of $32,000; and authorize City Manager to execute the amended agreement.

Background:

The Mount Vernon Avenue Bridge over UPRR railroad tracks serves as a major link between the northeast parts of Colton to southeast part of the City known as the Cooley Ranch area. It also serves as an alternative route and arterial link between the I-10 and I-215 Freeways. The existing bridge is a two (2) lane concrete bridge. Since this bridge is in close proximity to the I-10 Freeway eastbound on and off ramps, the lane capacity of the bridge is not sufficient, especially during the morning and afternoon peak hour traffic. The scope of work of the widening project will add a structure to the existing bridge to accommodate two additional lanes, a shoulder/bike lane and a sidewalk on the west side. Attached as Exhibit C is the Project conceptual/right of way plan.

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Issues/Analysis:

Right of Way Phase Consultant
On November 5, 2019, the City awarded a professional services agreement contract to Epic Land Solutions, Inc. for the right of way phase of the Mt. Vernon Avenue over Union Pacific Railroad (UPRR) Tracks Bridge Widening Project in the amount of $89,690. The right of way phase for the Project includes preparation of documents such as appraisals, legal description and plats, and negotiations for acquisition of properties, temporary construction easements, utility relocation, railroad agreement and preparation of Caltrans right of way certification. During the course of right of way acquisition process and finalizing the plan for the project, it was determined that additional construction easement and adjustment to permanent right of way takes to four properties are necessary to make the plan work for the construction phase of the project. Contract Amendment No. 1 with Epic Land Inc. in the amount of $23,650 was approved on May 4, 2021 due to these changes.

The right of way acquisition agreement was already completed for the road and temporary construction easements for the project including needed easements from UPRR. The outstanding scopes needed to complete by Epic Land, Inc. are the relocation of SCE poles, and the submittal and approval of Caltrans right of way form and California Public Utilities Commission (CPUC) Existing Highway Overpass Modification form (GO-88B). SCE is already preparing the plan for the pole relocation and estimated to be completed by August 31, 2025. A Change Order (Amendment No. 2 - attached as Exhibit A) with Epic Land, Inc. in the amount of $12,000 is necessary for the completion of the remaining tasks. Below is the breakdown of the scope of works:

1. Contract Administration $ 1,500.00

2. Easements final documents $ 1,500.00

3. Utility Relocations $ 6,000.00

4. Caltrans/CPUC Submittal $ 3,000.00
Total $12,000.00

Engineering Supports for Right of Way Phase
On July 1, 2021 the City entered into a professional service agreement with HW Lochner for the engineering right of way support for the Mt. Vernon Ave. over UPRR Bridge Widening Project in the amount of $15,000. The scope of works includes preparation of right of way and project maps and plan, and necessary design modification due to right of way impact. HW Lochner prepared the plans, specifications and estimates (PS&E) for this project. An amendment to the professional agreement with HW Lochner was issued on June 8, 2022, in the amount of $25,000, for coordination with UPRR for the Highway Overpass agreement, and continue the necessary engineering support for the right of way phase.

The UPRR agreement was completed on April 15, 2025, but the project’s right of way phase still needs engineering support for the SCE pole relocation and design changes due to the impact of the I-10/Mt. Vernon Ave. Interchange Project. The interchange project is adjacent to Mt. Vernon Ave. Bridge Project and affects the project design on the northeast quadrant (adjacent to eastbound freeway on-ramp). The impact is due to the installation of a retaining wall for the interchange project and drainage outlet necessary for the interchange project. The changes will

Page 838 of 1440 ends

incur additional costs for design modification but eliminate the need for one parcel and reduce scope of work for slopes and road works. A Change Order (Amendment No. 2 – Attached as Exhibit B) with HW Lochner in the amount of $32,000 is necessary for the completion of the remaining tasks:

1. Contract Administration $ 3,000.00

2. Design, Specifications and Estimate Modification $24,000.00

3. Utility Relocation Supports $ 5,000.00
Total $32,000.00
It is anticipated that the right of way phase for this project will be completed by December 31, 2025. The funding for these change orders with a total amount of $44,000 is included on the additional right of way funding approved by Caltrans on March 19, 2025.

Fiscal Impacts:

Sufficient appropriations for the amendments to the professional services contracts for Epic Land Solutions, Inc. and HW Lochner in the amounts of $12,000 and $32,000 respectively are available for carryover from the FY2024-25 budget in the accounts listed below:

Account Number Epic Land
Amendment 2
HW
Lochner
Amendment
2 Total
Federal Fund - 450-1307-
6987-3890-0000-000
$10,623.60 $28,329.60 $38,953.20
Traffic Impact - 450-1307-
6971-3890-0000-000
$776.29 $2,070.11 $ 2,846.40
Art. Measure I - 450-1307-
6900-3890-0000-000
$600.11 $1,600.29 $ 2,200.40
Total $12,000.00 $32,000.00 $44,000.00
HBP funding is a federal grant reimbursable through Caltrans and Arterial Measure I is reimbursable through SBCTA.

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. Exhibit A -Epic Land Solutions, Inc. Contract Amendment No. 2

2. Exhibit B -HW Lochner Contract Amendment No. 2

3. Exhibit C - Mt.Vernon Bridge Plan_Right of Way Map

Page 839 of 1440 ends

Page 840 of 1440 ends

(BB&K: 06/2024)
23152.06000\32391457.2
AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND
EPIC LAND SOLUTIONS, INC.

1. PARTIES AND DATE.

This Amendment No. 2 to the Professional Services Agreement is made and entered into this 16th day of July 2025 by and between the City of Colton, a California municipal corporation (“City”) and Epic Land Solutions. Inc.(“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”.

2. RECITALS.

2.1 Consultant. City and Consultant entered into an agreement titled “Professional Services Agreement,” dated November 6, 2019 (“Agreement”), whereby Consultant agreed to provide services for the preparation of documents and property acquisitions for the Mt. Vernon Ave. Bridge over UPRR Tracks Bridge Widening Project.

2.2 Amendment. City and Consultant entered into Amendment No. 1 to the Agreement, dated May 5, 2021, for the purpose of additional scope in the preparation of legals and plats, and property appraisals.

2.2 Amendment Purpose. City and Consultant now desire to amend the Agreement for the purposes of additional compensation to complete the right of way phase.

2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section

3.6.13 of the Agreement.

3. TERMS.

3.1 Amendment. Section 3.1.2 and Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:

3.1.2 Term. The term of this Agreement shall be extended to June 30, 2026, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

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2 (BB&K: 06/2024)
23152.06000\32391457.2
Thousand Three Hundred Forty Dollars and No Cents ($125,340.00) without written approval of City’s City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.

3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]

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23152.06000\32391457.2
SIGNATURE PAGE FOR AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND EPIC LAND SOLUTIONS, INC.

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 to the Professional Services Agreement as of the day and year first above written.

CITY OF COLTON
By: _________________________
William R. Smith
City Manager
Attest: _________________________
Isaac T. Suchil
City Clerk
EPIC LAND SOLUTIONS, INC.

A Corporation
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)

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EXHIBIT "A

COMPENSATION
Compensation to EPIC LAND SOLUTIONS, INC. for the services of this Agreement shall not exceed One Hundred Twenty Five Thousand Three Hundred Forty Dollars and No Cents ($125,340.00) without written approval of City’s City Council.

The additional task necessary to complete the right of way phase of the Project are as follows:

A. Original Contract $ 89,690.00
B. Amendment No . 1 $ 23,650.00
C. Amendment No. 2 $ 12,000.00

1. Contract Administration $ 1,500.00

2. Easements final documents $ 1,500.00

3. Utility Relocations $ 6,000.00

4. Caltrans/CPUC Submittal $ 3,000.00
D. Total Contract Cost $125,340.00
Hourly Rates:

Project Manager $181.80
Utility Coordiantor $101.79
Senior R/W Agent $ 97.44
Budget Analyst $119.97
Administrative Assistant $ 59.01

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23152.06000\32391457.2
AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND

HW LOCHNER

1. PARTIES AND DATE.

This Amendment No. 2 to the Professional Services Agreement is made and entered into this 16th day of July 2025 by and between the City of Colton, a California municipal corporation (“City”) and HW Lochner (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”.

2. RECITALS.

2.1 Consultant. City and Consultant entered into an agreement titled “Professional Services Agreement,” dated July 1, 2021 (“Agreement”), whereby Consultant agreed to provide services for the engineering supports for the right of way phase for the Mt. Vernon Ave. Bridge over UPRR Tracks Bridge Widening Project.

2.2 Amendment. City and Consultant entered into Amendment No. 1 to the Agreement, dated June 8, 2022, for the additional compensation for the engineering supports.

2.2 Amendment Purpose. City and Consultant now desire to amend the Agreement for the purposes of additional compensation to complete the right of way phase.

2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section

3.6.13 of the Agreement.

3. TERMS.

3.1 Amendment. Section 3.1.2 and Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:

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 ”A” attached hereto and incorporated herein by reference. The total compensation shall not exceed Seventy Two Thousand and No Cents ($72,000.00) without written approval of City’s City Council. Extra

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Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”

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23152.06000\32391457.2
SIGNATURE PAGE FOR AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON

AND HW LOCHNER
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 to the Professional Services Agreement as of the day and year first above written.

CITY OF COLTON
By: _________________________
William R. Smith
City Manager
Attest: _________________________
Isaac T. Suchil
City Clerk

HW LOCHNER
A Corporation
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)

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23152.06000\32391457.2
EXHIBIT "A

COMPENSATION
Compensation to HW LOCHNER for the services of this Agreement shall not exceed One Hundred Twenty Five Thousand Three Hundred Forty Dollars and No Cents ($125,340.00) without written approval of City’s City Council.

The additional task necessary to complete the right of way phase of the Project are as follows:

A. Original Contract $ 15,000.00
B. Amendment No . 1 $ 25,000.00
C. Amendment No. 2 $ 32,000.00

1. Contract Administration $ 3,000.00

2. Design/Specification/Estimate Mod. $ 24,000.00

3. R/W & Utility Relocations Supports $ 5,000.00
D. Total Contract Cost $72,000.00
Hourly Rates:

Principal I $347.00
Project Manager I $210.00
Engineer I $189.00
Engineer Associate 1 $147.00

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Mt Vernon Ave I-10 EB Off Ramp I-10 EB On Ramp APN 0276-123-10 CITY OF RIVERSIDE APN 0276-123-06 CITY OF RIVERSIDE APN 0276-122-16 BELANGER, DAVE APN 0164-211-01 DEWEY, STEVEN ROBERT & DEWEY RENTAL COMPANY APN 0276-121-21 UNION PACIFIC RAILROAD APN 0276-122-04 UNION PACIFIC RAILROAD APN 0276-122-17 VASILJ, IVAN & IVA TRUSTEES APN 0276-121-14 UNION PACIFIC RAILROAD CALTRANS R/W CITY OF COLTON R/W APN 0276-121-20 UNION PACIFIC RAILROAD UPRR R/W UPRR R/W TEMPORARY STAGING AREA SF=34,375 SCE Power Lines TEMP. CONSTRUCTION AREA CALTRANS R/W CITY OF COLTON R/W CITY OF COLTON R/W CITY OF COLTON R/W TEMP. CONSTRUCTION AREA TOE OF SLOPE AREA TEMP. CONSTRUCTION AREA TOE OF SLOPE AREA FOOTING AREA = 41 SF FOOTING AREA = 29 SF FOOTING AREA = 114 SF FOOTING AREA = 114 SF FOOTING AREA = 220 SF ACQUISITION AREA = 1320.54 SF TEMP. CONSTRUCTION EASEMENT TCE = 5119.31 SF = PROPOSED CURB = CENTER LINE = EXISTING CURB = PROPOSED CURB AND GUTTER = EXISTING CURB AND GUTTER = EXISTING RIGHT OF WAY = EXISTING EDGE OF PAVEMENT = AERIAL UPRR RIGHT OF WAY AREA = TEMPORARY CONSTRUCTION AREA LIMIT LEGEND = TEMPORARY CONSTRUCTION AREA = PROPOSED RIGHT OF WAY = EXISTING UPRR RIGHT OF WAY = FOOTING AREA SCALE: 1' = 75 FT = TOE OF SLOPE AREA APN # AERIAL AREA FOOTING AREA TOE OF SLOPE AREA TC AREA 0276-121-14 0276-121-21 0276-121-20 3,412 SF 298 SF 10,015 SF --- 220 SF 2,737 SF 7,008 SF --- --- --- 6,657 SF 50,360 SF

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Item: 11.

Staff Report
Meeting Date: July 15, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Contract Award - LC Paving - Approve the Award of Contract to LC Paving & Sealing, Inc. for West Colton Bike Lane Project in the Amount of $1,978,522.00, RESOLUTION NO. R-53-25.

Recommended Action:

Staff recommends that the City Council take the following action:

1. Award a contract for the West Colton Bike Lane Project to LC Paving & Sealing, Inc. as the lowest responsive and responsible bidder for $1,978,522.00 and authorize the City Manager to execute the contract agreement.

2. Approve Resolution R-53-25 (Exhibit C) to amend FY 25/26 Capital Improvement Budget.

Background:

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

As part of the environmental document, the project conducted Delhi Sand Fly (DSF) protocol survey. The fly habitat survey concluded that project site along the Southern California Electric (SCE) easement is rated moderate quality habitat for DSF. This finding requires protocol survey for presence of DSF for two consecutive years between month of July and September. These consecutive surveys will delay the completion of environmental documents by two years, and will not be able to meet the construction funding authorization deadline of February 28, 2025. If

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the protocol survey resulted positive for fly habitat, it will be a much longer delay and costly process since it will require consultation with US Department of Fish and Wildlife, and the project needs to come up with mitigation for the DSF habitat.

Due to the required timeline for DSF habitat survey and monitoring, the project needs to avoid the DSF habitat by constructing the project on an alternative alignment. Constructing the project on an alternative alignment will also enable the project to meet the construction funding authorization deadline. On May 24, 2022, City staff sent a letter to Caltrans indicating the City’s intent to look for alternative alignment that will avoid the DSF habitat area but will still benefit the same community. In response to City’s request, Caltrans and City staff met on September 29, 2022 to discuss the proposed realignment and project schedule. At that meeting, Caltrans Headquarters ATP staff indicated support for the realignment and willingness to take the approval of the project changes to California Transportation Commission (CTC) but reiterated the need to perform public outreach before taking it to CTC. The purpose of the public outreach is to notify the community about the changes in the alignment of Project, and to ascertain that the community supports the realignment. The new route will be Class II buffered bikelane (with plastic bollard) along Meridian Ave., Pepper Ave., Eucalyptus Ave, San Bernardino Ave. and Randall Ave. Class II buffered bikelanes provides 2 to 3 feet separation from vehicle lanes.

Issues/Analysis:

On May 21, 2024, City Council authorized the award of a design services contract to HR Green, Inc. for the preparation of plans and specifications for this project. The plan and specifications were completed on April 30, 2025, and submitted to Caltrans for construction authorization.

In accordance with Colton Municipal Code (CMC) Section 3.08.090, a request for Notice Inviting Formal Bids was published in The Press Enterprise on May 4, 2025 and May 11, 2025.

Bids were opened on May 22, 2025, and staff received the following bids:

Contractor Bid Amount
LC Paving &
Sealing, Inc.
$ 1,978,420.00
DM Contracting,
Inc.
$ 2,064,420.80
Van Engineering $ 2,480,410.80

Staff reviewed and evaluated submitted bids and recommends awarding the contract (Exhibit B) for the West Colton Bike Lane Project to LC Paving & Sealing, Inc. as the lowest responsive and responsible bidder in the amount of $1,978,420.00.

Please note the installation of bollards/delineators was a required element of the bike lane design but Caltrans has recently indicated the City could forgo installation of the bollards/delineators if City so desired. While the use of bollards/delineators provides a visual traffic-calming element that separates the vehicle lane from the bike lane, the use of the bollards/delineators does present an ongoing maintenance issue related to frequent replacement due to damage by vehicles and street sweeping activities will require an increase in cost for the City’s vendor to trailer in and use a smaller sweeping unit to travel through the narrow bike lanes (6 to 8 feet wide). Therefore,

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staff is removing the installation of the bollards/delineators as part of the project.

Fiscal Impacts:

On March 25, 2025, and on April 29, 2025, the City received ATP funding in the amount of $29,000.00 and $2,079,000.00 respectively, for a total funding amount of $2,108,00.00 (see Exhibit X). The local match required is $110,054.40, and it will be funded by the Local Traffic Impact Fund.

Adoption of RESOLUTION NO. R-53-25 will increase revenues and appropriations to accept the additional ATP funding and appropriate from reserve balance in the Traffic Impact Fund for the City’s required local match. Upon adoption of the budget resolution, there will be sufficient appropriations in the FY2025-26 budget for the contract award for construction of the West Colton Bike Lane Project.

Funding Account No. New Funding per
R-53-25
Contract Amount
ATP 225-2026-6150-3890-
0000-000
$2,108,000.00 $1,878,522.00
Traffic Impact
Fund
249-2347-6150-3890-
0000-000
$110,054.40 $100,000.00
Total $2,218,054.40 $1,978,522.00
Approval of Resolution R-53-25 (Exhibit C) will provide additional funding for the project to cover construction costs in the amount $1,978,522.00.

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. Exhibit A - Plans

2. Exhibit B - Contract

3. Exhibit C- Resolution R-53-25

4. Exhibit D - Funding Finance Letter

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ABBREVIATIONS: LEGEND PROJECT SITE VICINITY MAP LOCATION MAP PROJECT SITE Know what'sbelow. Callbefore you dig. R 23 STREET IMPROVEMENT NOTES CONTRACTOR'S RESPONSIBILITY FOR SAFETY ENGINEER'S NOTICE TO CONTRACTOR “ ” “ ” “ ” ’ ” – ’ BASIS OF BEARINGS 1 SHEET INDEX OWNER GAS PUBLIC SERVICE AGENCIESWATER/SEWER COMMUNICATION ELECTRIC 04/30/25

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R 23 P R E L I M I N A R Y N O T F O R C O N S T R U C T I O N INDEX MAP 04/30/25

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3 Know what'sbelow. Callbefore you dig. R 23 P R E L I M I N A R Y N O T F O R C O N S T R U C T I O N PROPOSED CROSS SECTION PROPOSED CROSS SECTION PROPOSED CROSS SECTION PROPOSED CROSS SECTION PROPOSED CROSS SECTION PROPOSED CROSS SECTION COBBLESTONE DETAIL DEMOLITION NOTES & QUANTITY ESTIMATES CONSTRUCTION NOTES & QUANTITY ESTIMATE SIGNING AND STRIPING NOTES & QUANTITY ESTIMATE 04/30/25

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Y D H 4 Know what'sbelow. Callbefore you dig. R 23 DETAIL "B" SAN BERNARDINO AVENUE PEPPER AVENUE DETAIL "A" SAN BERNARDINO AVENUE
PEPPER AVENUE DETAIL "C" SAN BERNARDINO AVENUE
PEPPER AVENUE DETAIL "D" SAN BERNARDINO AVENUE
PEPPER AVENUE CONSTRUCTION NOTES04/30/25

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STANDARD PLACEMENT DETAIL PHASE DIAGRAM CONDUCTOR SCHEDULE POLE SCHEDULE CONSTRUCTION NOTES TRAFFIC SIGNAL GENERAL NOTES Know what'sbelow. Callbefore you dig. R 23 P R E L I M I N A R Y N O T F O R C O N S T R U C T I O N LEGEND 04/30/25

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DYH DYH DYH EROSION CONTROL OPTION EROSION CONTROL OPTION EROSION CONTROL OPTION Know what'sbelow. Callbefore you dig. R 23 P R E L I M I N A R Y N O T F O R C O N S T R U C T I O N 04/30/25

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23152.04000\42402756.1

CITY OF COLTON

SHORT FORM CONSTRUCTION CONTRACT

WEST COLTON BIKE LANE PROJECT

1. PARTIES AND DATE.

This Contract is made and entered into this 15th day of July, 2025 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, County of San Bernardino, State of California (“City”) and LC Paving & Sealing, Inc., a Corporation with its principal place of business at 620 Alpine Way, Escondido, CA 92029 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing installation of traffic signal pole and equipment, PCC curb ramps, sidewalk and curb & gutter realignment, AC pavement, traffic signage, pavement striping and markings per plan no. 1374-1 related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project:

Class “A”.

2.3 Project. City desires to engage Contractor to render such services for the West Colton Bike Lane Project (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, PERFORMANCE BOND, PAYMENT BOND, INSURANCE DOCUMENTS AND OTHER CERTIFICATIONS as required by the Contract.

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
• Federal Requirements (Exhibit “G”)
• Addenda
• Change Orders executed by the City

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23152.04000\42402756.1
2 • 2024 Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid

3.1.1 Precedence. To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.

3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City.

3.2.1.1 Change Orders. Changes to the Contract Time (as defined in Section 3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the City. No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, mark-ups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Nothing herein shall prevent the Parties from agreeing to a lump sum cost.
(A) Changes Ordered By City. City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within

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23152.04000\42402756.1
3 seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined. (B) Changes Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

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

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit.

Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

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4 3.3 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this Contract within 120 days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Five-Hundred Dollars ($500) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

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

3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of One-Million Nine

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5 Hundred Seventy Eight Thousand Five-Hundred Twenty-Two Dollars ($1,978,522.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of:
(1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the

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6 City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.

The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

3.7.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.

3.7.8 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.7.9 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.8 Labor

3.8.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Work is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Work available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

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7 3.8.2 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.8.3 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.8.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the DIR on a weekly basis and in the format prescribed by the DIR, which may include electronic submission. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.8.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

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8 3.8.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.

Contractor 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 Contractor or any subcontractor.

3.9 Performance of Work; Jobsite Obligations.

3.9.1 Water Quality Management and Compliance.

3.9.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.9.1.2 Compliance with the Statewide Construction General Permit.

Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

Without in any way diminishing Contractor's sole responsibility for obtaining coverage under, and complying with, the Permit, the City will use reasonable efforts to assist Contractor in filing the Notice of Intent when the City's participation is required by the Permit.

3.9.1.3 Other Water Quality Rules, Regulations, and Policies.

Contractor shall comply with the lawful requirements of the Environmental Protection Agency, the State Water Resources Control Board, the Santa Ana Regional Water Quality Control Board, and the City, as well as any other applicable municipality, drainage district, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

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9 3.9.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.

3.9.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations of this Section

3.9.1.5, including the Permit or any of the laws, rules, regulations and policies provided for herein..

In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.9.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.9.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.9.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.9.1 as they may relate to the Work provided under this Contract.

Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.9.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.9.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give

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10 all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.9.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, a City Business License. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s applicable business license fee. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.9.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.9.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.9.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

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11 3.9.8 Air Quality.

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

3.9.8.2 Contractor shall comply, and ensure all subcontractors comply, with all applicable requirements of Title 13, California Code of Regulations Division 3, Chapter 9 (“Regulation”).

3.9.8.3 Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and any subcontractors’ fleet including, without limitation, all Certificates of Reported Compliance, fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.

3.9.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters.

3.9.11 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities.

Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition.

3.10 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

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12 Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.11 Claims; Government Code Claim Compliance.

3.11.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.

The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

3.11.2 The following requirements apply to all contracts entered into after January 1, 1991, and all claims to which this section applies:

3.11.2.1 Prerequisites. If any dispute shall arise between the City and Contractor regarding performance of the work, or any alleged change in the work, Contractor shall timely perform the disputed work and shall give written notice of a claim for additional compensation for the work to the City within three (3) days after commencement of the disputed work. Contractor’s failure to give written notice within the three (3)-day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed work and shall constitute a waiver of the right to these procedures.

3.11.2.2 Claim Submittal. For purposes of this section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by this section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. The claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.11.2.3 Supporting Documentation: The Contractor shall submit all claims in the following format:
(1) Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
(2) List of documents relating to claim:
(A) Specifications

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13 (B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other
(3) Chronology of events and correspondence
(4) Analysis of claim merit
(5) Analysis of claim cost
(6) Time impact analysis in CPM format

3.11.2.4 City’s Response. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement. (1) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
(2) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.
(3) The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.11.2.5 Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to

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14 meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.11.2.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement.

Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.
(1) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (2) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(3) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(4) The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
(5) If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.11.2.7 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this section:

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15 (1) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
(2) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(A) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.11.2.8 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

3.11.2.9 City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.

3.12 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to

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16 herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.18.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.13 Indemnification.

3.13.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all expert witness fees, attorneys’ fees, and other related costs and expenses.

Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

3.13.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

3.14 Insurance.

3.14.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.

3.14.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or

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17 damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.14.2.1 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 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). Policies shall not contain exclusions contrary to this Contract, 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.

3.14.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Contract/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; (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 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) Builders’/All Risk: Completed value of the project. Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.14.2.3 Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Contract 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 Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Contract.

3.14.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:

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18 3.14.3.1 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 insureds with respect to the Services or ongoing and completed operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the 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 Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.14.2.2, 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

3.14.3.1. 3.14.3.2 Automobile Liability. (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 Contractor or for which Contractor 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 Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.14.2.2, 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 3.14.3.2.

3.14.3.3 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 Contractor.

3.14.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (2) 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.

3.14.4 Builders’/All Risk Policy Requirements. The builders’/all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City.

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19 3.14.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation.

All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

3.14.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits.

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

3.14.8 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.

3.14.9 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract 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 supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.14.10 Subcontractors. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Contract until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad. In addition, Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor.

All coverages for subcontractors shall be subject to all of the requirements stated herein.

3.14.11 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

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20 3.15 Bond Requirements.

3.15.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.15.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.15.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.15.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.16 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal,

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Colton City CouncilJuly 15, 2025

Colton City Council
July 15, 2025