Colton City Council
August 5, 2025

City of Colton
City Hall, Council Chambers
650 N. La Cadena Drive
Colton, CA 92324
City of Colton Website
Mayor Frank J. Navarro
Council Members:

David J. Toro – District 1
Kelly J. Chastain – District 2
Dr. Luis S. González – District 3
John R. Echevarria – District 4
City Clerk Isaac T. Suchil
City Treasurer Henry M. Razo
City Manager William R. Smith
City Attorney Carlos Campos
Agenda
City Council
Colton Utility Authority, Colton Public Financing Authority, Colton Housing Authority
Regular Meeting
Tuesday, August 5, 2025 – 5:00 PM
City Hall, Council Chambers
Closed Session
5:00 P.M.

Closed Session Called to Order
Roll Call
______________________________________________________________________________ Public Comment - Closed Session
This is the portion of the meeting specifically set aside to invite your comments regarding Closed Session items. If you wish to address the City Council regarding a Closed Session item, please fill out and submit a public comment card into the public comment card box BEFORE the meeting begins. During the public comment period, the City Clerk will call each speaker by name to approach the podium.

Please begin your public comment by stating your name and your city of residence, then proceed to share the rest of your public comment. You will have a time limit of 3 minutes to complete your public comment; however, the presiding officer does have the authority to exercise discretion to extend or limit time as provided for in the City Council Manual of Procedure.

It is important to remember that the Council is prohibited by law from discussing or taking immediate action on items during this public comment period; If any matter does require action, it will be referred to by staff for investigation and any report will be provided at a subsequent Council meeting.

If you would like to submit paperwork to the City Council members, you will also need to provide a copy to the City Clerk for the Official Record. ______________________________________________________________________________

Closed Session
1) CONFERENCE WITH LABOR NEGOTIATORS
City Representatives: Bill Smith, City Manager & Tom Cody, HR Director Employee Groups: Colton Police Officers Association (CPOA)

City Attorney Oral Report on Closed Session Actions
______________________________________________________________________________ Rules of Decorum
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully. _____________________________________________________________________________ Open Session
6:00 P.M.

Open Session Called to Order
Invocation
Pastor Pete Tasaka - The Vineyard Church
Flag Salute
Veterans of Foreign Wars (VFW) Commander Bernie Moyeda
Roll Call
______________________________________________________________________________ Ceremonial Matters
Presentations, Awards, Proclamations
• Presentation - San Bernardino Valley Municipal Water District 2025 DMI Check Presentation
• Recognition - 2025 National Latina Business of the Year Award - Veronica Ceja • Service Dog Retirement/Introduction

______________________________________________________________________________ Mayor and Council Items
Gift Disclosures
Prior to rendering a decision in any proceeding involving a license, permit, contract or other entitlement pending before the City Council, any Council Member who has received been promised a gift or gifts aggregating $50.00 or more in value within the preceding twelve months from a party or participant in the proceeding shall disclose that fact either orally or in writing during open session. This disclosure shall be made part of the official public record of the proceeding, either as part of the minutes of the meeting or as a separate writing filed with the city. (CMC Section 2.04.030)
AB 1234 Oral Reports
Members of the City Council shall provide brief reports on meetings attended at the expense of the city. (GC Section 53232.3(d))
Appointments
Mayor and Council Discussion Items
1) 4th of July Staff Recap & Discussion (MPT Toro)
______________________________________________________________________________ Public Hearings
To speak on Public Hearing items, it is requested that you submit your filled out public comment card into the public comment card box before the meeting begins. Once your name is called you may approach the podium. Please begin your public comment by stating your name and your city of residence; then proceed to share your public comment. The applicant will be allowed 5 minutes to address the Council, and all other people will be allowed 3 minutes. The presiding officer shall have certain discretions to extend or limit the time as provided for in the City Council Manual of Procedure.
1) R-O (Residential Overlay) ORDINANCE NO. O-09-25. - TIME AND PLACE FIXED TO CONSIDER A PUBLIC

HEARING TO WAIVE FULL READING, READ BY TITLE ONLY, AND APPROVE FIRST READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON TO AMEND SECTION 18.06.020 (OFFICIAL ZONING MAP) TO ADD RESIDENTIAL OVERLAY (R-O) TO AN EXISTING C-2 (GENERAL COMMERCIAL) ZONE ON PROPERTY LOCATED AT 100 NORTH 2ND STREET (APN 0162-124-17) IN THE CITY OF COLTON AND MEASURING APPROXIMATELY .74 ACRES IN AREA (FILE INDEX NO. DAP24-0037), ORDINANCE NO.

O-09-25.

Staff Person: Heidi Duron
______________________________________________________________________________

Business Items
To speak on Business items, it is requested that you submit your filled out public comment card into the public comment card box before the meeting begins. Once your name is called you may approach the podium. Please begin your public comment by stating your name and your city of residence; then proceed to share your public comment. The applicant will be allowed 5 minutes to address the Council, and all other people will be allowed 3 minutes. The presiding officer shall have certain discretions to extend or limit the time as provided for in the City Council Manual of Procedure.
1) Contract Amendment - William R. Smith
Staff Person: Carlos Campos
___________________________________________________________________________ Public Comment - Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments regarding Consent Calendar items or any other general subject. If you wish to address the City Council please fill out and submit a public comment card into the public comment card box BEFORE the meeting begins. During the public comment period, the City Clerk will call each speaker by name to approach the podium.

Please begin your public comment by stating your name and your city of residence, then proceed to share the rest of your public comment. You will have a time limit of 3 minutes to complete your public comment; however, the presiding officer does have the authority to exercise discretion to extend or limit time as provided for in the City Council Manual of Procedure.

It is important to remember that the Council is prohibited by law from discussing or taking immediate action on items during this public comment period; If any matter does require action, it will be referred to by staff for investigation and any report will be provided at a subsequent Council meeting.

If you would like to submit paperwork to the City Council members, you will also need to provide a copy to the City Clerk for the Official Record. ______________________________________________________________________________ Consent Calendar
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action. 1) Minutes - Approval of Minutes for the City Council Regular Meeting Held on July 15, 2025, on file in the Office of the City Clerk.

Staff Person: Isaac T. Suchil

2) Warrants - Approve voucher numbers 220103 to 220182 dated 06/25/2025 and totaling $99,494.86; voucher numbers 220100, 220101, 220102 and 220183 to 220322 dated 06/26/2025 and totaling $3,950,554.01; voucher numbers 220323 to 220421 dated 07/07/2025 and totaling $2,848,790.80; replacement checks 220422 & 220423 totaling $3,792.65; voucher numbers 220424 to 220523 dated 07/10/2025 and totaling $3,186,473.92; payroll disbursement listing dated 03/01/2025 to 03/14/2025 and totaling $1,177,951.84; payroll disbursement listing dated 03/15/2025 to 03/28/2025 and totaling $1,199,900.48; payroll disbursement listing dated 03/29/2025 to 04/11/2025 and totaling $1,188,675.37; payroll disbursement listing dated 04/12/2025 to 04/25/2025 and totaling $1,175,041.30; payroll disbursement listing dated 04/26/2025 to 05/09/2025 and totaling $1,263,274.04; payroll disbursement listing dated 05/10/2025 to 05/23/2025 and totaling $1,117,949.43 and payroll disbursement listing dated 05/24/2025 to 06/06/2025 and totaling $1,356,004.75.

Staff Person: Stacey Dabbs
3) Contract Amendment – IDC Consulting Engineers, Inc. - Approve Contract Amendment No. 3 with IDC Consulting Engineers, Inc. for the Mt. Vernon Avenue Bridge over Santa Ana River Seismic Retrofit Project, RESOLUTION NO. R-65-25.

Staff Person: Chad Blais
4) Contract Amendment - Lee and Ro, Inc. - Approve Second Amendment to Contract with Lee and Ro Inc., for the Design of the City of Colton Water Reclamation Facility Upgrade Project and Approve and Adopt a Resolution to Amend the Fiscal Year 2025/2026 Wastewater Utility Budget, RESOLUTION NO. R-66-25.

Staff Person: Chad Blais
5) Contract Amendment - Red Hawk Services - Approve Second Change Order for Red Hawk Services for Fencing at the Carnegie Building for the Colton Area Museum.

Staff Person: Deb Farrar
6) Contract Award - Hardy & Harper, Inc. - Approve the Award of Contract to Hardy & Harper, Inc. for the San Bernardino Avenue Street Improvement Project in the Amount of $401,200.00.

Staff Person: Chad Blais
7) Contract Award - PTM General Engineering Services, Inc. - Approve the Award of Contract to PTM General Engineering Services, Inc. for the New Traffic Signal - Meridian Avenue at San Bernardino Avenue and Olive Street Project in the Amount of $404,004.00.

Staff Person: Chad Blais
8) Final Tract Map No. 20385 - Accept and Approve the Recordation of Final Tract Map for the Condominium Development Located at the Northwest corner of Fifth (5th) Street and Agua Mansa Road.

Staff Person: Chad Blais

9) Final Tract Map No. 20352 - Accept and Approve the Recordation of Final Tract Map for the Condominium Development Located at the Southwest Corner of Georgia Street and Fifth (5th) Street.

Staff Person: Chad Blais
10) Measure I Five Year CIP and CPNA - Approve the Measure I, 5-Year Capital Improvement Plan (CIP) and Capital Project Needs Analysis (CPNA) for Fiscal Year (FY) 2025/2026, RESOLUTIONS R-59-25 and R-60-25.

Staff Person: Chad Blais
11) Notice of Completion - CDBG COLT-23-1-03K/0279 Target Area Alley Reconstruction Project - Approve the Execution and Recordation of the Notice of Completion for the CDBG COLT-23-1-03K/0279 Target Area Alley Reconstruction Project.

Staff Person: Chad Blais
12) Notice of Completion - Demolition of Concrete Tank Foundation Project - Approve the Execution and Recordation of a Notice of Completion for the Concrete Foundation Demolition Project.

Staff Person: Chad Blais
13) Notice of Completion - PD Parking Lot Expansion - Approve Notice of Completion for the Police Department Parking Lot Expansion Project.

Staff Person: Anthony Vega
14) Notice of Completion - Pool Deck Repair Project - Approve the Execution and Recordation of the Notice of Completion for the Pool Deck Project.

Staff Person: Chad Blais
15) Notice of Completion - Water Department Restroom Project - Approve the Execution and Recordation of a Notice of Completion for the Water Department Restroom Project.

Staff Person: Chad Blais
16) PD Service Dog Disposition - Authorize the Disposition of Police Service Dog "Rex" and Approve the Purchase by Corporal Eric Wickman.

Staff Person: Anthony Vega
17) Salary Table Revision - Approve the Revised FY 2025/26 Salary Table for the Classifications of Electric Systems Utility Designer and Police Support Services Manager.

Staff Person: Thomas Cody

18) Second Reading of Ordinance No. O-08-25 - Approve Second Reading of an Ordinance of the City Council of the City of Colton, California Amending Title 18, Section 18.34.040 (Colton’s Hub City Centre Specific Plan – Amendment No. 2) Amending Table of Contents and Various Provisions of Sections 3, 4, 6, and 7 Pertaining to Land Use, Development Standards & Administration of Title 18 of the Colton Municipal Code to Comply with the 6th Cycle Housing Element Update (2021-2029) and Accompanying Addendum to the Environmental Impact Report for the Colton Hub City Centre Specific Plan Project (State Clearinghouse No. 2008041067) (File Index No. Dap24-0038), ORDINANCE NO. O-08-25.

Staff Person: Heidi Duron
______________________________________________________________________________ Mayor and Council Oral Reports and Comments
Comments from Mayor and Council on various issues and activities throughout the community.

Comments shall be limited to 5 Minutes per speaker.

City Manager's Reports
Adjournment
______________________________________________________________________________

__________________________________________________________________________ I, Stephanie M. Vargas, the Chief Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted, at least 72 hours prior to the meeting per Government Code 54954(a), at the following locations:

City of Colton City Hall 650 N. La Cadena Drive
City of Colton Website, www.coltonca.gov
______________________________________________________________________________ Procedures for Addressing City Council
For the Official Record, it is requested that you obtain a card from the City Clerk and complete it by noting a specific item number on the Agenda, if applicable, or you can identify the subject that you wish to address under the Public Comment portion of the Agenda. The City Council encourages public input on all City issues within the Rules of Decorum. Speakers will be limited to the time periods provided on the Agenda; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.

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

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

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

In compliance with the American with Disabilities Act, if you need special assistance to participate in a City Meeting, please contact the City Clerk’s Office at 909-370-

5001. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

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

Manual of Procedure
The City Council adopted its Manual of Procedure pursuant to Resolution No. R-41-18, with the latest updates being approved on November 2, 2021. Copies are available in the Office of the City Clerk.

Item: 1.

Staff Report
Meeting Date: August 5, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Heidi Duron, Director
Item Name: R-O (Residential Overlay) ORDINANCE NO. O-09-25. - TIME AND PLACE FIXED TO CONSIDER A

PUBLIC HEARING TO WAIVE FULL READING, READ BY TITLE ONLY, AND APPROVE FIRST READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON TO AMEND SECTION 18.06.020 (OFFICIAL ZONING MAP) TO ADD RESIDENTIAL OVERLAY (R-O) TO AN EXISTING C-2 (GENERAL COMMERCIAL) ZONE ON PROPERTY LOCATED AT 100 NORTH 2ND STREET (APN 0162-124-17) IN THE CITY OF COLTON AND MEASURING APPROXIMATELY .74 ACRES IN AREA (FILE INDEX NO. DAP24-0037), ORDINANCE NO. O-09-25.

Recommended Action:

Staff recommends that the City Council take the following action:

Introduce for first reading and pass by title only: O-09-25, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON TO AMEND SECTION 18.06.020 (OFFICIAL ZONING MAP) TO ADD RESIDENTIAL OVERLAY (RO) TO AN EXISTING C-2 (GENERAL COMMERCIAL) ZONE ON PROPERTY LOCATED AT 100 NORTH 2ND STREET (APN 0162-124-17) IN THE CITY OF COLTON AND MEASURING APPROXIMATELY .74 ACRES IN AREA (FILE INDEX NO. DAP24-0037).

Background:

Following a duly noticed public hearing conducted by the Planning Commission on June 24, 2025, the Commission voted 4-0 to approve Architectural and Site Plan Review, Tentative Tract Map No. 20767, and a Major Certificate of Appropriateness with Planning Commission Resolution No. R-14-25 to allow the construction of 16 new residential units and recommending that the City Council amend Official Zoning Map by adding Residential Overlay (R-O) Zone to the existing C-2 (General Commercial) Zone, resolution No. R-15- 25, located at 100 N. 2nd Street. (See Attachments 1 & 2) Site Description
The location of the condominium project, 100 N. 2nd Street, is outlined below:

Issues/Analysis:

RESIDENTIAL OVERLAY
On January 4, 2022, the City Council adopted a General Plan Housing Element Cycle 6 Update. On December 12, 2023 the State Housing and Community Development (HCD) indicated that the draft Housing Element meets most of statutory requirements. According to the City’s Land Use Element, “The Residential Overlay designation provides, in addition to the base land use, the opportunity to develop residential uses in areas where convenient access to transit and neighborhood-serving uses are available. Together, the base land use designation and the overlay allow for a combination of commercial or office uses with higher-density residential development. This designation permits a minimum density of 20 units per acre and up to 30 dwelling units per acre. The proposed project includes 23 units per acre with 16 dwelling units on a 32,333 square foot lot.

SURROUNDING LAND USES/COMPATIBILITY
The Project Site is irregularly-shaped, currently undeveloped and relatively flat. Historically, no development or previous construction is recorded on the site. The property is bordered by West J Street to the north, 2nd Street to the west, single-family residential on the East, and Interstate 10 Freeway to the south. The local street on the west side of the subject area is adequate in size to provide for two-way traffic and parking on each side of the street.

ENVIRONMENTAL DETERMINATION
Pursuant to the California Environmental Quality Act (CEQA), The City Council of the City of Colton, in

accordance with the California Environmental Quality Act, has found the project will not have a significant impact on the environment as is Categorically Exempt from CEQA under Article 19, Section 15332, Class 32 (Infill Development) of the CEQA Guidelines. This section pertains to the proposed project, which does not rise to a level of significant environmental impact and will not be detrimental to the health and welfare of the surrounding neighborhood.

Fiscal Impacts:

The change in land use adding the Residential Overlay (R-O) designation to the existing C-2 (General Commercial) Zone will allow a private developer to place the property on tax rolls, resulting in property tax revenue for the City for residential purposes and contributing 16 units of moderate income housing stock.

The City will be receiving building plan check and permit fees for construction of residential housing on the subject site. Additionally, the development is required as a condition of approval to annex into CFD 2021-1 and 2021-2, the City's safety and maintenance Community Facilities Districts (CFDs).

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. Attachment 1_PC Resolution No. R-14-25

2. Attachment 2_PC Resolution -R-15-25

3. Attachment 3_Ordinance No. O-09-25_with Exhibit

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RESOLUTION NO. R-14-25

RESOLUTION OF THE CITY OF COLTON PLANNING COMMISSION APPROVING ARCHITECTURAL AND SITE PLAN REVIEW AND TENTATIVE TRACT MAP NO. 20767 FOR A SINGLE LOT SUBDIVISION TO ALLOW SIXTEEN (16) NEW RESIDENTIAL CONDOMINIUM UNITS AT 23 DWELLING UNITS AN ACRE, INCLUDING 3 TWO-STORY BUILDINGS WITH UNITS RANGING IN SIZE FROM 1,365 SQUARE FEET TO 1,883 SQUARE FEET WITH 1-CAR GARAGES; A CHANGE OF ZONE TO ADD AN RO (RESIDENTIAL OVERLAY) TO THE C-2 (GENERAL COMMERCIAL) ZONE; A MINOR DEVIATION TO ALLOW A REDUCTION OF 2

REQUIRED PARKING SPACES WHICH IS LESS THAN THE ALLOWED MAXIMUM REDUCTION OF 10 PERCENT, AND A MINOR DEVIATION TO ALLOW AN

INCREASE OF ONE FOOT FOR A PORTION THE PERIMETER WALL WHICH IS

LESS THAN THE MAXIMUM ALLOWED OF TWO FEET ON PROPERTY
MEASURING APPROXIMATELY 0.74 ACRES IN AREA LOCATED AT 100 NORTH 2 ND STREET; AND A MAJOR CERTIFICATE OF APPROPRIATENESS AS THE PROJECT IS WITHIN THE TERRACE HISTORIC DISTRICT. (FILE INDEX NO.

DAP24-0037)
WHEREAS, An Architectural and Site Plan Review and Tentative Tract Map No. 20767 for a single lot subdivision to allow sixteen (16) new residential condominium units at 23 dwelling units an acre, including 3 two-story buildings with units ranging in size from 1,365 square feet to 1,883 square feet with 1-car garages; a Change of Zone to add an RO (Residential Overlay) Zone to an existing the C-2 (General Commercial) Zone; a Minor Deviation to allow a reduction of 2 required parking spaces which is less than the allowed maximum reduction of 10 percent, and a Minor Deviation to allow an increase of one foot for a portion the perimeter wall which is less than the maximum allowed of two feet on property measuring approximately 0.74 acres in area; and a Major Certificate of Appropriateness as the project is within the Terrace Historic District; and
WHEREAS, on June 24, 2025, the City of Colton Planning Commission conducted a public hearing on the Application and all persons wishing to testify in connection with the proposed Application were heard, and the Application was comprehensively reviewed; and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”), Section 15332 (Infill Development, Class 32) the project is categorically exempt from CEQA because the project meets the criteria for infill development project in size and location and would not result in significant environmental impacts; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

BE IT NOW THEREFORE RESOLVED AS FOLLOWS:

SECTION 1. Based on the entire record before the Planning Commission and all written and oral evidence presented, and the findings made for Architectural and Site Plan Review in this Resolution, the Planning Commission hereby findsthat:
a. The provisions for vehicular parking and for vehicular and pedestrian circulation on the site, and onto adjacent public right-of-way will not create

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safety hazards; In that the proposed project has been adequately designed with one car parking garages for each dwelling with additional covered and uncovered spaces that are within easy access for all of the units. In addition to the on-site parking for the project, there is a reasonable number of on-street parallel parking spaces located adjacent to the site on 2nd Street. The driveways provide safe circulation areas for both pedestrians and vehicles.
b. The bulk, location and height proposed will not be detrimental or injurious to other development in the neighborhood or will result in the loss of or damage to unique natural or topographic features of the site that are important to the environmental quality of life for the citizens of Colton, and the development is feasible in a manner that will avoid such detrimental or injurious results or such loss or damage; in that the topography of the site is flat with no unique natural or topographic features. The proposed two-story residential condominium project is required to provide final water, hydrology, soils, structural, and other construction documents that will ensure the project will not be detrimental or injurious to the surrounding neighborhood as grading, hydrology and adequate infrastructure is available so as not to cause loss or damage to future residents and existing residents of the area.
c The provisions for exterior lighting are adequate for human safety and will not diminish the value and/or usability of adjacent property; in that, the proposed lighting will be located with security in mind and as enhancement to the residential project’s visibility and safety. All lighting is required to comply with the City’s lighting requirements by providing one-foot candle lighting and be shielded so that all glare does not spill onto adjacent property and right-of-way, eliminating any lighting nuisance that may diminish the value and/or usability of adjacent property. d. The exterior design of the buildings and structures will not be injurious or detrimental to the environmental or historic features of the immediate neighborhood in which the proposed development is located and will not cause irreparable damage to property in the neighborhood, to the City and to its citizens; The project has been conditioned to comply with all local, state and federal code requirements. The project will incorporate noise reduction construction measures to ensure noise standards are met. The project site is designed to be consistent with the surrounding neighborhood. There are no designated historical buildings within the surrounding vicinity of the proposed project.
e. The proposed development will not impose an undue burden upon off-site public services, including sewer, water and streets, which conclusion shall be based upon a written report of the City Engineer; and there is no provision in the capital works program of the City to correct the specific burden within a reasonable period after the Development will be completed; the development of the residential condominium units and open space areas/recreational area are within an urban neighborhood where all improvements, including electrical, sewer, and water will be provided to adequately serve the project.

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SECTION 2. Based on the entire record before the Planning Commission and all written and oral evidence presented, and the findings made for Tentative Tract Map No. 20767 in this Resolution, the Planning Commission hereby finds that:
a. The proposed subdivision is designed, to the extent feasible, to provide for passive or natural heating or cooling opportunities because the subdivision layout provides an east to west orientation and adequate location of window placement to provide passive and natural heating and cooling opportunities. The project materials and construction will be required to comply with all current California Codes including energy efficient standards and green code requirements. b. The proposed subdivision and the provisions for its design and improvement are consistent with the general plan for the City of Colton (“General Plan”), because the proposed condominium subdivision provides diverse housing types, amenities and architectural enhancements consistent with the Residential Overlay Zone objectives and density parameters set by the City’s Land Use and Housing Elements. c. The Subject Site is physically suitable for the type and density of development proposed in the Tentative Tract Map No. 20767 because the site is located where existing utilities/sewer lines, and road improvements are available to address ingress and egress requirements for vehicles, pedestrians and bicycles. The proposed development will provide all the necessary on-site and off-site improvements that meet or exceed the development standards set forth in Colton’s Zoning Code standards for Residential Subdivisions.
d. The subdivision design and type of improvements proposed in the Tentative Tract Map No. 20767 are not likely to cause serious public health problems because all development and public improvements will be performed per the requirements of all applicable standards and codes, including the zoning and building codes. e. The subdivision design and type of improvements proposed in the Tentative Tract Map No. 20767 will not conflict with easements acquired by the public at large for access through or use of the Subject Site. The proposed subdivision map and title report have been reviewed and there are no conflicts with easements or future dedications for developing the proposed project site.
f. The discharge of waste into an existing sewer system from development proposed in the Tentative Tract Map No. 20767 will not cause a violation of existing requirements prescribed by the local water quality control board because the City’s Engineering and Water Utilities Divisions of Public Works have reviewed and conditionally approved the proposal to address waste & wastewater requirements, drainage, grading, storm water, NPDS construction activity, Improvement Plans and Final Map submission requirements in making sure the discharge of waste is designed correctly so it does not impact existing water sources.

SECTION 3. The Planning Commission of the City of Colton, in accordance with the California Environmental Quality Act, has found that the project will not have a significant impact on the environment and is Categorically Exempt from CEQA under Article 19, Section 15332,

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Class 32 (Infill Development) of the CEQA Guidelines. This section pertains to the proposed project which does not rise to a level ofsignificant environmental impact and will not be detrimental to the health and welfare of the surrounding neighborhood and the Planning Commission hereby finds that:
o The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations, in that the proposed project has demonstrated compliance with all zoning code requirements and the following General Plan Land Use Policies:

Land Use Element
▪ Policy LU‐8.6: Require that multi‐family residential development and major subdivisions include amenities such as common open space or community facilities, in that the proposed multi-family project includes approximately 430 square feet of common open space that includes a reasonable picnic area with a pergola with a lattice roof. The project also provides a minimum 160 square foot private patio areas with a minimum dimension of eight feet double that meets the amount of private space required by the Code.

Housing Element
▪ GOAL H-3 Create opportunities for the development of new housing that responds to all economic segments of the community. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses, in that the proposed multifamily residential condominium development project provides three bedroom units within close proximity to bus stop, neighborhood market, restaurants and elementary school.
▪ Policy H-3.1 Allow for densities up to 30 units per acre as set forth in the Residential Overlay designation and Mixed-Use: Downtown area, in that the subject site is located in a Residential Overlay and complies with the minimum 20 dwelling units an acre requirement. The proposed apartment project is reasonably scaled and blends well with the surrounding single family residential neighborhood.
▪ Policy H-4.3 Encourage compatible residential development in areas where land use policies support higher densities, the project site is located in an area where single family homes are located. However, the mix of residential lot project types remains compatible and provides a more diverse option of residential housing for the neighborhood. The density is supported and compatible with the scale and size of surrounding residential and commercial development projects in the neighborhood. The architecture compliments the current homes in the neighborhood and the two story building heights are compatible with the existing homes in the area.
o The project site has no value, as habitat for endangered, rare or threatened species, in that the project is not located in an area with protected habitat or other endangered, rare or threatened species.
o Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.(e) The site can be adequately served by all required utilities and public services, in that the proposed 16 unit condominium project is screened

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out of Vehicle Miles Traveled analysis because it will generate less than the City’s threshold of 110 daily trips. No further analysis is needed. Also, noise construction measures will be incorporated to ensure noise standards are met.

SECTION 4. Planning Commission hereby approves Architectural and Site Plan Review, Tentative Tract Map No. 20767, and Major Certificate of Appropriateness, subject to the attached conditions of approval (Exhibit “A”).

SECTION 5. This action by the Planning Commission shall be final unless an appeal of the action isfiled with the City Clerk’s office in writing, pursuant to Section 18.58.100 of the Colton Municipal Code.

SECTION 6. This land use entitlement shall become null and void if not exercised within one (1) year of this approval and the applicant has not been granted an extension of time by the Planning Commission, pursuant to Section 18.58.070 of the Colton Municipal Code.

SECTION 7. The Secretary shall certify the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 24
th day of June 2025
Planning Commission Chairperson
Richard Prieto
ATTEST:

Planning Commission Secretary
Heidi Duron
I hereby certify that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Colton at a meeting held on June 24, 2025, by the following vote of the Planning Commission:

AYES: Grossich, Escarcega, Baden, Prieto
NOES:

ABSENT:

ABSTAIN:

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Planning Commission Secretary
Heidi Duron

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EXHIBIT “A”

CONDITIONS OF APPROVAL

THE APPLICANT SHALL COMPLY WITH ALL CONDITIONS AS SET FORTH IN THE CONDITIONS OF APPROVAL FOR DAP24-0037.

HOLD HARMLESS

1. The Applicant shall defend, indemnify, and hold harmless the City of Colton and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Colton, its officers, employees, or agents to attacks, set aside, void, or annul any approval or condition of approval of the City of Colton concerning this project, including but not limited to any approval or condition of approval of the city council, planning commission, or development services director. The City shall promptly notify the Applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter.

PLANNING DIVISION

2. This approval is for an Architectural and Site Plan Review to allow a 16 unit residential condominium project, located at 100 north 2nd Street within the C-2 (General Commercial) Zone on plans dated June 9, 2025 by the Development Services Department, except as amended by the conditions herein and is subject to City Council Approval of Change of Zone adding Residential Overlay (R-O) Zone to the C-2 (General Commercial) Zone. This approval shall expire if building permits are not issued or approved use has not been commenced within one (1) year from the date of approval.

3. Any requests for modifications, including any deviation from the approved plans and/or conditions of approval, shall be submitted to the Development Services Director for review, prior to implementation of the modification. Significant deviations from the approved plans or conditions of approval shall be subject to review and approval by the Planning Commission.

The applicant requesting the modification shall supply information deemed necessary by the Director and/or Commission to make a determination.

4. All signs (wall signs and window signs) shall conform to the Sign Code.

5. The site operations shall be subject to the following:
a. A special events permit shall be obtained from the Community Services Department for any special events on site (e.g., grand opening, temporary outdoor sales, etc).
b. The site shall be developed and maintained consistent with the approved plans and the conditions of approval.
c. The premises shall be kept clean and the operator of the establishment shall ensure that no trash or litter originating from the site is deposited onto the neighboring properties or onto the public right-of-way.

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6. Separate submittals and permits are required for any future proposed accessory structures such as but not limited to, trash enclosures, patios, light standards, and storage buildings.

7. The applicant shall place a signed copy of these conditions of approval on the plan check sheet of the proposed project, subject to review and approval by the Development Services Director.

8. Garage Use. The property owner/property manager shall stipulate in adopted Homeowners Association agreement that garages shall at all times be available for the parking of vehicles assigned to the applicable unit. Storage within garages shall be allowed only to the extent such storage does not impede access to the parking space(s) within the garage.

9. As contained in the adopted Homeowners Association agreement, each owner of a unit within the project shall be given a written notice of the on-site parking and off-site parking conditions and requirements. The homeowners Association agreement will contain an exhibit of parking areas for owner’s agreement with the terms of the use of garages and driveways.

10. Parking Management Plan (PMP)
a. Prior to final map approval, Owner shall submit to the Development Director a Parking Management Plan for the Development. The CC&Rs shall require that each owner comply with the terms of the Parking Management Plan. At a minimum, the Parking Management Plan shall provide for the following:

I. The PMP must be submitted to the City prior to the issuance of the first building permit for the project. The PMP must be approved by the Development Director as a part of the approval process for the project. Subsequent changes to the PMP shall have the prior written approval of the Development Director.

II. The PMP shall stipulate that no utility trailers, commercial or construction vehicle of any length, buses or passenger vans, watercraft, or recreational vehicles shall be permitted to be stored or parked overnight on any private street and/or parking areas within the Development. “Recreational Vehicle” shall mean recreational vehicles, motor homes, campers, utility trailers, watercraft, travel trailer, truck camper, camping trailer, off road vehicles, land conveyances, vessels, aircraft, boats, trailers, van conversions, customized trucks, and other similar type vehicles that are designed for human habitation for recreational or emergency purposes, or that require a special driver’s license (e.g. noncommercial Class A or Class B) to operate.

III. The PMP shall stipulate that any enclosed garage space or covered parking spaces provided shall, at all times, be assigned to units within the Project pursuant to the PMP, Storage within a garage shall be allowed only to the extent the garage includes a dedicated storage cabinet or storage area that does not impede direct access to the parking space(s) within the garage.

IV. As part of the purchase of any unit within the Development, each potential owner/renter of a unit within the project shall be given written notice by a property

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manager of the on-site parking and off-site parking conditions and requirements at the complex. All executed purchase/sale/rental/lease agreements will contain the entire PMP as an exhibit including signed acknowledgement form which records the resident’s agreement with the terms of the PMP.

11. The owner shall provide and install an automatic garage door opener for each unit.

12. The proposed project shall incorporate all of the “Noise Control Recommendations” for exterior noise and interior noise from the “Laing Family Condominiums Residential Development Project Exterior-to-Interior Noise Study prepared by Acoustics Group, Inc, dated May 12, 2025 as shown in “Attachment A” to this resolution.

13. The existing off-site outdoor advertising sign shall be removed with a demolition permit within three to five years from the date of this approval, from the subject site, subject to verification of removal by the Development Services Director or designee.

14. The applicant shall have the landscape and irrigation plans for the project prepared by a registered landscape architect and the proposed landscape areas shall be lushly landscaped with drought-resistant planting and include garden type amenities enjoyed by the residents and other guests walking through the common open space area, subject to review and approval by the Development Services Director or designee.

15. The applicant to provide a detailed landscape and irrigation plans for the proposed “common” areas. The “common” areas shall be lushly landscaped with drought-resistant planting and include garden type amenities to be enjoyed by the residents and other guests walking through the area, subject to review and approval by the Development Services Department or designee.

16. The landscaping plan shall be consistent and include recommended trees from the City’s Urban Forestry Management Plan.

17. Prior to issuance of the first building permit, the applicant shall annex to Community Facilities District (CFD) No. 2021-1 for Public Safety Operations and to Community Facilities District (CFD) No. 2021-2 for Maintenance Services for Public Facilities associated with the project, as provided by Section 53313 of the Mello Roos Community Facilities Act of 1982. The applicant shall make a non-refundable deposit toward the cost of CFD annexation, as applicable.

18. During grading and construction phases, the construction manager shall serve as the contact person in the event that dust or noise levels become disruptive to surrounding businesses. A sign shall be posted at the project site with the contact phone number.

19. Gas meters, backflow prevention devices and other ground-mounted mechanical or electrical equipment installed by the developer shall be inconspicuously located and screened, as approved by the Development Services Department. (Location of this equipment shall be clearly noted on landscape construction documents.)

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20. Electrical and other service facilities shall be located within an interior electrical room or approved comparable location. All electrical service facilities shall be fully screened from public view, as approved by the Planning Division.

21. The applicant shall underground all utilities and utility drops.

22. This establishment must comply with the City of Colton Municipal Code Section Performance Standards Title 18 (Zoning Code), Chapter 18.42 includes: Fire and explosion hazards; electrical interference; noise; vibration; smoke; odors; air quality; light; glare; liquid; and solid waste.

23. The Applicant and/or Property Owner shall comply with all requirements of all reviewing agencies and shall comply with all applicable local, state, and federal rules, laws and regulations and licensing requirements.

24. The Applicant and/or Property Owner shall, at all times, maintain the property so as not to constitute a nuisance in the community.

25. This action by the Planning Commission shall be final unless an appeal of the action is filed with the City Clerk’s office in writing, pursuant to Section 18.58.100 of the Colton Municipal Code.

POLICE – CODE ENFORCEMENT

26. Comply with the requirements of the City of Colton Code Enforcement/Police, including the following:
a. Landscaping: Property manager or tenant will maintain all approved landscaping in good condition, including but not limited to adequate irrigation, mowing of grass, and replacing dead trees and shrubs. Above ground landscaping controls or backflow valves will be secured in a locked metal cage to prevent theft or vandalism. b. Loitering: Loitering is prohibited on or about the premises. No exterior fixtures or furnishings at or adjacent to the location that encourage loitering and nuisance behavior. No exterior pay telephones.
c. Litter/Graffiti: The exterior of the business and areas adjacent to the business over which they have control, including all signs and accessory buildings and structures, shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter and debris from the premises and on all abutting sidewalks and parking lots within twenty (20) feet of the premises. Graffiti shall be completely removed or covered with a color-matching paint within forty-eight (48) hours upon notification. The expectation for graffiti cover up is to produce an appearance the graffiti never existed.
d. The applicant shall grant “right of access” by the City or agent to remove graffiti. e. Exterior Lighting: All lightning will be maintained in good working order. All lighting shall be shown on the required plot plans. Lighting shall be designed and installed in such a manner that provides adequate illumination to all parking spaces, stalls, walkways, corridors, and stairways, insuring there are no dim, dark, or shadowed areas (other than shadows naturally cast beneath the actual vehicles.) Lighting level will be a minimum of 1 footcandle and average of 2 footcandle.

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Lighting fixtures shall be such that the angle of projected light does not interfere or hinder the vision of police officers or security personnel patrolling the areas. All lighting will be properly shielded so as to not trespass or disturb neighboring residences, adjacent businesses, or persons while driving vehicles upon the roadway.

In the event a lighting fixture becomes inoperable, property management will have the lighting repaired within 72 hours.
f. General Parking: Parking lot shall be maintained in accordance with Title 18 of the Colton Municipal Code, zoning ordinance requirements for paving and striping. g. Storage: Parking, driveways, common areas and trash areas will not be used for storage of hazardous materials, including but not limited to tires, waste oil, and inoperable or unregistered vehicles. Property manager or tenant shall promptly abate hazardous materials or inoperable vehicles. General exterior storage is prohibited in the residential apartments areas unless within designated storage areas. h. Right of Access: Permittee shall grant “right of access” to the City of Colton and its employees or agents for the purposes of monitoring compliance with these conditions, patrolling, investigating crimes, and enforcing laws and ordinances on the subject property. Permittee shall grant “right of access” to the City of Colton and its employees or agents to remove graffiti and to determine if the applicant is in compliance with these conditions.
i. Exterior collection bins, donation receptacles, or storage containers are not permitted except by express approval of Development Services Director. j. Compliance with Applicable Laws. The permittee shall comply with all federal, state and local laws, including the Congregate Living Health Facilities (CLHF) regulations located under California Health and Safety Code, Section 1267.13. k. The permittee and/or licensee shall ensure that any security guard company, if used, initiates registration with the Colton Police Department at least 30 days in advance of security services being performed in the City of Colton in order to facilitate City licensing per Colton Municipal Code section 5.50.
l. Interior Lighting: All interior areas of the premises will be illuminated in a manner that provides lighting sufficient to illuminate and make easily discernable the appearance of all persons on or about the premises.
m. After hours Contact Information: Permittee/Property Manager will ensure after hours contact person information is kept current and on file with police department dispatch center. Ideally there should be several persons available; each should be a key holder with knowledge of alarm reset codes, available to respond within 20-30 minutes, and of sufficient authority to facilitate a board up or other emergency repair measures.

BUILDING

27. The above project shall comply with the current California Codes (CBC, CEC, CMC and the CPC) as well as city ordinances. All new projects shall provide a soils report as well.

Plans shall be submitted to the Building & Safety Division as a separate submittal.

28. Prior to final inspection, all plans shall be submitted electronically for reference and verification. Plans will include “as built” plans, revisions and changes. Digital Files will also include Title 24 energy calculations, structural calculations and all other pertinent information. It will be the responsibility of the developer and or the building or property

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owner(s) to bear all costs required for this process. Digital files will be presented to the Building & Safety Division for review prior to final inspection and building occupancy.

Digital files will become the property of the Colton Building & Safety Division at that time. In addition, a site plan showing the path of travel from public right of way and building to building access with elevations will be required.

FIRE DEPARTMENT

29. The project shall conform with all the requirements set forth by the California Code of Regulations Title 24 Parts 1-12 respectively.

30. The adopted edition of the California Code of Regulations, Titel 24, Parts 1-12, and the Colton Municipal Code shall apply at the time the architectural plans are submitted for construction permits.

31. Prior to the issuance of a grading permit or construction permits a fire department access plan shall be submitted to Colton Fire Department for review and approval . Grading or construction permits shall not be issued until the fire department access plan has been approved by Colton Fire Department.

32. A fire department access roadway, minimum 20 feet in width, shall be provided that extends to within 150 feet of all portions of the structures.

33. Premise identification shall be provided in accordance with the City’s' Security Ordinance #0-13-89, Section XIV (residential), Section XV (commercial). Premise identification shall be contrasting to their background, a minimum 12” height and minimum 1 1/2” stroke with Arabic numbers or alphabet letters and internally illuminated by means of a low voltage power source during the hours of darkness.

34. If temporary fencing is used to enclose the construction site, at least two (2) means of unobstructed access must be installed and maintained in locations as to give maximum access to all parts of the site, and in accordance with the Fire Departments’ requirements.

35. The fire department access roadway shall be designed, constructed, and maintained to support the imposed loads of Colton fire apparatus with a total weight of 75,000 pounds.

The road shall be constructed to provide all weather driving capabilities and shall have an inside turning radius of 20 feet and outside turning radius of 40 feet. The hammerhead turnaround shall meet the minimum dimensions illustrated in Attachment 7 of the City of Colton Fire Department Access & Water Guideline.

36. Portable fire extinguishers shall be required for this project. Size, type, and locations shall be determined by the fire department's field inspector.

37. On-site fire hydrants capable of providing the minimum required fire flow for the proposed type of construction may be required and shall be installed prior to construction.

Detailed drawings with supporting calculations shall be submitted to the Colton Fire Department for review, approval, and permit issuance prior to installation.

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38. The minimum fire flow for this project can be calculated when the construction type is known, or the applicant can refer to Appendix B oof the California Fire Code. Proof of a recent (within 6 months) fire flow test will be required. Please contact the Colton Fire Department for further information if needed.

39. All buildings shall be equipped with a fire sprinkler system designed and installed in accordance with NFPA 13R. Detailed plans with supporting calculations and specifications shall be submitted to the Colton Fire Department for review, approval, and permit issuance prior to installation.

40. A fire sprinkler monitoring system is required for each fire sprinkler system unless the exception of Section 903.4(3) of the California Fiore Code is met. Detailed plans with supporting calculations and specifications shall be submitted to the Colton fire Department for review, approval, and permit issuance prior to installation.

41. The main controls and control appurtenances, such as fire sprinkler risers, fire alarm control panels, and valves for such systems, shall be located in an attached or included room or an approved weather resistant enclosure with a least one exterior door of not less than 3 feet by 6 feet 8 inches.

42. All exterior utility doors shall be marked to function (electrical room, fire sprinkler riser room, fire alarm control unit, etc.)

43. “Fire Department Notes” shall be placed directly on the architectural plans submitted for a construction permit showing the following deferred submittals (as applicable to this project).
a. On-site fire service mains and fire hydrants
b. Fire sprinkler systems
c. Fire alarm systems

44. These “Conditions of Approval” shall be copied onto the architectural plans submitted for a construction permit.

PUBLIC WORKS ELECTRIC

45. It has been determined that the project is within the City of Colton. The City of Colton will provide service to this project. The project applicant/developer shall comply with all customer service policies and service requirements of the City of Colton Electric Utility Department.
a. The developer shall, when electric service is required, provide the Colton Electric Utility Department with all information necessary to determine the project’s electric distribution and service requirements, including continuous load calculations and single line diagram. Developer shall provide the electric site AUTOCAD plans to the Electric Department when a new service design is necessary. b. The Auto Cad plans shall include:

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i. Proposed building(s) foot print, existing utilities, utilities pole, proposed transformers, address, vicinity map, center lines, contact person, property / right of way lines, set back lines, station numbers, address, and assessor’s parcel number. Preferred 1”=20’ scale.
ii. For private property, plans shall show an easement covering the facilities located on their property.
iii. Plans shall include any notes pertaining to design/planning of electrical system. iv. Customer / Developer shall email approved plan(s) and/or contact Electric Utility Planning/Engineering Department for any design / planning information.
c. The developer shall, when required, and at their own expense, install all conduit and vault systems associated with underground electric line extensions and street-lighting as per the Electric Utility's approved design. The developer shall pay all fees and charges associated with the Electric Utility’s cost to provide electric service, including underground and overhead line extensions and street-lighting. The developer shall provide utility easements for all existing and proposed utility owned electric facilities within private property.
d. The Developer is required to follow Colton Electric Utility Approved Electric Utility plan and meet all of Colton Electric Utility Standards. e. The Electric Department shall be notify if any interconnection (Solar, generator etc) being made prior to construction
f. Plans will only be approve via electronic copies along with the hardcopy. Please send PDF plans to [email protected]

PUBLIC WORKS ENGINEERING

STREET IMPROVEMENTS

46. Submit electronic and hard copies of street improvement plans for the off-site improvements (including signing and striping), prepared by a licensed civil engineer. The scale of this plan shall be no less than 1” = 40’.

47. All parkway and unpaved areas within the public right-of-way fronting the project shall be landscaped and maintained, including any open space areas and areas between the sidewalk and the right-of-way line. An automatic sprinkler system shall be installed along 2 nd Street.

48. Construct or re-construct street improvements consisting of curb, gutter, sidewalk, A.C. pavement, commercial driveway approaches, handicap access ramps, streetlights, street trees, street signs, and roadway striping, etc., as per the approved Street Improvement Plans and City of Colton Standard Specifications.

49. Proposed driveway approaches need to be in accordance with commercial driveway approach standards to handle the multi-family use.

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50. If vehicular gates are proposed, they need to be shown on the site plan. Enough passenger equivalent vehicle queuing access is needed onsite outside of the proposed to gates to ensure there is no vehicles encroaching onto the public right-of-way along 2nd St. or the alley.

51. Reconstruct the existing half width road along 2nd Street fronting the site as well as the alley fronting the site.

52. The Developer shall construct facilities to mitigate traffic impacts as identified by the traffic impact study and pay any applicable Traffic fair share contribution fees.

53. All project-fronting improvements must meet ADA accessibility standards.

54. The proposed driveway approaches must meet City Standards

55. Contact Omnitrans regarding any proposed Bus Stops and/or Bus Stop improvements fronting the site as may be required part of this development.

56. Since the project is over the multi-family threshold to screen out VMT (Vehicle Miles Traveled), a VMT analysis is required in addition to a Traffic Scoping Agreement.

DRAINAGE

57. The property’s street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area, outlet points and outlet conditions; otherwise, a drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows. A copy of the recorded drainage easement shall be submitted to the City of Colton for review prior to the recordation of the final map.

58. Offsite drainage facilities shall be located within publicly dedicated drainage easements obtained from the affected property owner(s). The document(s) shall be recorded and a copy submitted to the City of Colton prior to recordation of the final map.

59. The Storm Drain Plan for the proposed development shall be accompanied by hydrology and hydraulic analysis prepared by a licensed engineer and shall be designed per the San Bernardino County Hydrology Manual employing the rational method. The project may only discharge downstream an amount of storm run-off equivalent to the historic flow discharged prior to project development. The storm drain design shall incorporate the drainage from the existing tracts along the boundary of the proposed project. If required, all of the sheet flow shall be collected onsite in a detention/retention basin within the development and shown on the Final Map. The detention/retention basin and open space areas shall be landscaped and maintained by the Developer.

60. Submit to the City Engineer’s Office the Drainage and Erosion Control plans for review and approval. These plans are to be prepared by a Civil Engineer registered in the State of California. Provide plan and profile for all storm drainage work.

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61. Submit drainage/hydrology study calculations and a hydraulic analysis for both developed and undeveloped conditions to the City of Colton for review and approval. All of the drainage from each individual lot shall drain into the public right-of-way and not impact surrounding properties, or a drainage easement acceptance letter from the adjacent landowner must be obtained.

62. Owner/Developer shall notify adjacent property owners about the impact of the proposed development on drainage configuration of existing adjacent properties. Such notification shall be pre-approved by the City Engineer. These drainage issues shall be resolved prior to issuance of a grading permit.

63. The 10 year storm flow shall be contained within the curb and the 100 year storm flow shall be contained within the street right-of-way. When either of these criteria is exceeded, additional drainage facilities shall be installed.

64. File a Notice of Intent and obtain an NPDES Construction Activity General Permit from the State Regional Water Quality Control Board (RWQCB) and submit a copy of each to the Public Works Department. Ensure that Best Management Practices (BMPs) are followed, per NPDES requirements to reduce storm water runoff during, construction and thereafter. Temporary erosion control measures shall be implemented immediately following rough grading to prevent deposition of debris into downstream properties or drainage facilities. Submit a Storm Water Pollution Prevention Plan (SWPPP) which specifies Best Management Practices (BMPs) that will prevent all construction pollutants from contacting storm water and with the intent of keeping all products of erosion from moving off site into receiving waters for review.

GRADING

65. Submit to the City Public Works Department a separate Precise Grading Plan of a scale of 1” = 20’ prepared by a civil engineer registered in the State of California. The grading plan shall include a topographic contour map of the site and 15 feet beyond the property lines, with a one-foot contour interval. This contour map shall be prepared within the last 12 months prior to a grading permit approval. The final Precise Grading Plan shall be a 4 mil mylar, which the City Engineer will sign and retain at the City Engineer Office for record.

66. A note shall be placed on the plan that states “All block walls and fencing shall be shown on the grading plan for reference only and shall be separately permitted by the City Building Department”

67. Place City Standards grading and drainage notes, including NPDES requirements on the grading plan.

68. A pad certification prepared by a licensed Civil Engineer registered in the State of California shall be submitted prior to issuance of building permits.

69. Prior to final project acceptance, the applicant shall submit an as-built set of grading plans.

No final will be authorized until as-builts are submitted to the Public Works Department.

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70. Provide the Public Works Department with a separate Erosion Control plan of a scale of 1” = 20’.

71. The applicant shall submit a preliminary Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used onsite to reduce the pollutants into the storm drain system.

72. The applicant shall submit a final Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used onsite to reduce the pollutants into the storm drain system prior to issuance of a grading permit.

73. All parking lots shall be surfaced with A.C. to a minimum thickness of 4 inches over a minimum aggregate base of 6 inches or surfaced with P.C.C. with a minimum thickness of 6 inches over 3 inch aggregate base. These thicknesses may be waived upon submittal of an R value and pavement thickness testing and analysis submitted by a registered geologist or geotechnical engineer.

74. Submit a letter to the Office of the City Engineer certifying that the owner is responsible for complying with the National Pollutant Discharge Elimination System Ordinance, during and after construction. In the letter, the following statement shall be included:
“No contaminated water shall be allowed to discharge on sidewalks, gutter, storm drains, parkways and driveways at any time.”

75. On-Site Precise Grading Plans shall be designed so that enough on-site passenger-vehicle queuing can be accommodated to prevent queuing overflow onto the public right of way (2nd St or the alley).

PROJECT DEVELOPMENT

76. No final inspection will be performed until all Public Works Department requirements pertaining thereto are in compliance.

77. Submit a Tentative Tract Map prepared by a Professional Land Surveyor, registered in the State of California, joining affected properties.

STUDIES & REPORTS

78. Submit a soils report prepared by a registered geologist or soils engineer. This report should be based on soil samples taken from the site and should analyze the existing geotechnical conditions of the site to determine if the existing soil is adequate for the development and safe from hazardous or deleterious materials. The report should also satisfactorily address the compaction and soil stability characteristics of the site. The number of soil borings performed on the site shall be strategically located throughout the site.

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FEES

79. A Plan Check fee for all improvement plans and studies for the proposed development shall be paid prior to plan checking proceedings in accordance with the fee schedule in effect at the time the fees are paid.

80. Public Works Inspection Permits and fees are required prior to construction within the project site and the public right-of-way.

IMPROVEMENT PLANS AND FINAL MAP

81. Improvement Plans for the proposed development shall be prepared as a separate set of drawing for each of the following categories
a) Precise Grading Plan and Plot Plan
b) Street and Storm Drain Plans
c) Electrical Improvement Plan
d) Landscape Plan
e) Final Tract Map

82. Submit a Precise Grading Plan to the City for review and approval. All of the grading shall conform to the latest edition of the Uniform Building Code (U.B.C.) and the grading permit must be obtained prior to the commencement of any grading activity. Submit a soil analysis report prepared by a licensed engineer, along with a grading plan.

83. The Developer shall repair any areas of existing improvements that become damaged during any phase of construction of the project, as determined by the Office of the City Engineer.

The contractor working in the right-of-way must submit proof of a Class “A” Contractor License, City of Colton Business License, and liability insurance.

84. Submit a copy of the Title Report to the Engineering Division, not older than 90 days

85. All plans, including grading plans shall be drawn on 24” x 36” 4 mil Mylar.

86. Original drawings shall be revised to reflect As-Built conditions by the Design Engineer prior to final acceptance of the work by the City. Water service lines, water meters, sewer laterals and electric, irrigation lines, etc., within the street right-of-way and 5’ outside of the street right-of-way shall be shown on the As-Built Water/Sewer Plans. Construction plans for gas, telephone, electric and cable TV etc., shall be submitted to the City for records.

87. A small index map shall be included on the title sheet of each set of plans, showing the overall layout of the public improvements.

88. Contact all affected agencies, (Army Corps of Engineers, California Department of Fish & Wildlife, Regional Water Quality Control Board, and San Bernardino County Flood Control & Water Conservation District, etc.), and obtain the necessary approvals with

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regards to the proposed development. Submit copies of correspondence with the agencies to the Engineering Division.

89. Submit improvements plans to all affected utilities, including the Gas Company, Cable Companies, Verizon California, etc., prior to issuance of the Building Permit and transmit correspondence to the Engineering Division.

CONSTRUCTION & MAINTENANCE OF PUBLIC IMPROVEMENTS

90. All required water lines and fire hydrants shall be installed and made operable before any building permits for framing are issued. This may be completed in phases if the construction work is in progress for emergency vehicles.

91. Vehicular access shall be maintained at all times to all parts of the proposed development, where construction work is in progress, for emergency vehicles.

92. All precautions shall be taken to prevent washouts, undermining and subsurface ponding, caused by rain or runoff to all surface structures (curbs, gutters, sidewalks, paving, etc.).

The Engineering Division may order repair, removal and replacement, extra compaction tests, load tests, etc. or any combination thereof for any such structure that was damaged or appears to have been damaged. All of the additional work, testing, etc., shall be at the expense of the Developer.

93. The Owner/Developer shall provide pavement condition index of the route/road (before and after the project) that will be used in hauling operation. If there is any deterioration after the completion of the project, the Owner/Developer shall be responsible for restoring the pavement to original condition or better.

94. All required public improvements shall be completed, tested, and approved by the Engineering Division prior to the issuance of any Certificate of Occupancy.

95. In accordance with § 9.27.190 (E) of the City of Colton Municipal Code, the applicant shall immediately remove any graffiti present before construction, during construction, and post construction.

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RESOLUTION NO. R-15-25

A RESOLUTION OF THE CITY OF COLTON PLANNING COMMISSION

RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF COLOTN

APPROVE CHANGE OF ZONE ADDING RESIDENTIAL OVERLAY (R-O) ZONE TO

ALLOW DEVELOPMENT OF A SIXTEEN UNIT RESIDENTIAL CONDOMINIUM PROJECT ON PROPERTY MEASURING APPROXIMATELY .74 ACRES LOCATED AT 100 NORTH 2ND STREET WITHIN THE C-2 (GENERAL COMMERCIAL) ZONE. (FILE INDEX NO. DAP24-0037).

WHEREAS, the Planning Commission of the City of Colton (“Planning Commission”) held a public hearing on June 24, 2025, after giving published notice to consider a recommendation to the City Council of a Zoning Map Amendment to Title 18 (Zoning) of the Colton Municipal Code recommending approval of Change of Zone adding Residential Overlay (R-O) Zone on property located at 100 North 2nd Street (APN: 0162-124-17); and WHEREAS, following the conclusion of said hearing, the Planning Commission adopted their Resolution No. R-15-25, recommending approval to the City Council of an Ordinance amending the Official Zoning Map adding Residential Overlay (R-O) to existing C-2 (General Commercial) Zoned lot identified as 100 North 2nd Street (APN: 0162-124-17) and approved Resolution No. R-14-25, approving an Architectural and Site Plan Review for the construction of sixteen unit condominium project on the subject property as conditioned; and WHEREAS, on June 24, 2025, the Planning Commission of the City of Colton (“Planning Commission”) conducted a duly noticed public hearing and recommend that the City Council adopted a Zoning Map Amendment to Title 18 (Zoning) of the Colton Municipal Code (Case No.

DAP24-0037) recommending approval of Change of Zone adding Residential Overlay (R-O) Zone on property located at 100 North 2nd Street (APN: 0162-124-17) and voted 4-0.; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

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

SECTION 1. The Planning Commission hereby adopts the recitals and findings with respect to the Ordinance for the Zoning Map Amendment, as set forth in the attached Exhibit “A” as it is fully set forth herein.

SECTION 2. Pursuant to section 18.58.050 F. of Title 18 (Zoning Code), in considering any request for a change of zone, the Commission shall review if the following conditions prevail before recommending to the City Council that the changes be granted:

1. That the proposed change of zone is in conformity with the General Plan of the City, in that the proposed changes are consistent with the existing provisions of the Colton Zoning Code and are in the public interest since they more closely conform zoning regulations with development goals and the City’s General Plan.

2. That there is a need in the community for more of the types of Uses Permitted by the zone, in that the proposed changes would allow a 23 unit an acre residential

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Colton Planning Commission Resolution No. R-15-25
DAP24-0037 – Zoning Map Amendment – Residential Overlay to C-2 Lot

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condominium project in compliance with Development Standards of Title 18 (Zoning Code) of the City’s Municipal Code. The proposed project under the same case number also provides a sixteen unit condominium project that complies with Title 18 of the City’s Municipal Code as conditioned in Planning Commission Resolution No. R-14-25.

3. That the proposed change of zone would not adversely affect the surrounding area or the community in general, in that the proposed Residential Overlay (R-O) Zone is consistent with surrounding residential neighborhood that includes home with one to two story structures. The scale and design of the sixteen unit condominium project provides private and common open space that complies with City Code. All off street parking and setback requirements are in compliance with Title 18 (Zoning Code).

SECTION 3. The Planning Commission hereby recommends that the City Council of the City of Colton (“City Council”) adopt the Ordinance, in substantially the form attached hereto as Exhibit “A,” as amended, which is incorporated by reference.

SECTION 4. The Planning Commission of the City of Colton, in accordance with the California Environmental Quality Act, has found that the project will not have a significant impact on the environment and is Categorically Exempt from CEQA under Article 19, Section 15332, Class 32 (Infill Development) of the CEQA Guidelines. This section pertains to the proposed project which does not rise to a level ofsignificant environmental impact and will not be detrimental to the health and welfare of the surrounding neighborhood and the Planning Commission hereby finds that:
o The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations, in that the proposed project has demonstrated compliance with all zoning code requirements and the following General Plan Land Use Policies:

Land Use Element
▪ Policy LU‐8.6: Require that multi‐family residential development and major subdivisions include amenities such as common open space or community facilities, in that the proposed multi-family project includes approximately 430 square feet of common open space that includes a reasonable picnic area with a pergola with a lattice roof. The project also provides a minimum 160 square foot private patio areas with a minimum dimension of eight feet double that meets the amount of private space required by the Code.

Housing Element
▪ GOAL H-3 Create opportunities for the development of new housing that responds to all economic segments of the community. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses, in that the proposed multi-family residential condominium development project provides three bedroom units within close proximity to bus stop, neighborhood market, restaurants and elementary school.
▪ Policy H-3.1 Allow for densities up to 30 units per acre as set forth in the Residential Overlay designation and Mixed-Use: Downtown area, in that the subject site is located in a Residential Overlay and complies with the minimum 20 dwelling units an acre requirement.

The proposed apartment project is reasonably scaled and blends well with the surrounding single family residential neighborhood.

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Colton Planning Commission Resolution No. R-15-25
DAP24-0037 – Zoning Map Amendment – Residential Overlay to C-2 Lot

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▪ Policy H-4.3 Encourage compatible residential development in areas where land use policies support higher densities, the project site is located in an area where single family homes are located. However, the mix of residential lot project types remains compatible and provides a more diverse option of residential housing for the neighborhood. The density is supported and compatible with the scale and size of surrounding residential and commercial development projects in the neighborhood. The architecture compliments the current homes in the neighborhood and the two story building heights are compatible with the existing homes in the area.
o The project site has no value, as habitat for endangered, rare or threatened species, in that the project is not located in an area with protected habitat or other endangered, rare or threatened species.
o Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.(e) The site can be adequately served by all required utilities and public services, in that the proposed 16 unit condominium project is screened out of Vehicle Miles Traveled analysis because it will generate less than the City’s threshold of 110 daily trips. No further analysis is needed. Also, noise construction measures will be incorporated to ensure noise standards are met.

SECTION 5. The Secretary shall certify the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 24
th day of June 2025.

Planning Commission Chairperson
Richard Prieto
ATTEST:

Planning Commission Secretary
Heidi Duron, Director of Development Services
I hereby certify that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Colton at a meeting held on June 24, 2025, by the following vote of the Planning Commission:

AYES: Grossich, Escarcega, Baden, Prieto
NOES:

ABSENT:

ABSTAIN:

Planning Commission Secretary
Heidi Duron, Director of Development Services

Item: 1.

Staff Report
Meeting Date: August 5, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Carlos Campos, City Attorney
Item Name: Contract Amendment - William R. Smith
Recommended Action:

Staff recommends City Council approve the Eighth Amendment to the City Manager Employment Agreement with William (Bill) Smith, extending the term of employment through February 18, 2028, providing an increase in base salary, calling for a formal performance review by City Council, and calling for the creation of a succession plan.

Background:

On February 17, 2015, the Colton City Council approved an Employment Agreement with Bill Smith to serve as City Manager ("Employment Agreement"). The parties have subsequently entered into seven amendments to that Employment Agreement, the last of which was approved by the City Council on March 5, 2024.

Issues/Analysis:

The proposed Eighth Amendment to the City Manager's Employment Agreement would extend the term of his agreement through February 18, 2028 (the term is currently scheduled to expire on February 18, 2027). It would also raise his annual base salary to $336,000 per year.

Additionally, it provides that City Council shall conduct a performance review of the City Manager within 90 days of the Eighth Amendment. Finally, it provides that the City Manager shall prepare a succession plan. All other provisions of the City Manager's Employment Agreement, as previously amended, would remain unchanged.

This proposed contract extension and corresponding pay increase are based on the following considerations:
* The City Manager is currently eligible to retire, and this agreement would retain his services in light of that eligibility.
* The City Manager has served in his current position since 2015, and has been a City employee

since 2001. During this time, he has accumulated a significant amount of institutional knowledge about the City's operations, history, and culture - knowledge that cannot be easily replaced.
* The City Manager is currently among the longest serving City Managers in San Bernardino County.
* The City Manager's record of performance in that capacity, which has led to continued development and the City's financial stability.
* The proposed increase to the City Manager's pay would be in alignment with that afforded other City Managers at "full service" cities in San Bernardino County.

Fiscal Impacts:

The increase in base pay results in an additional $46,000 per year. When factoring in the fully burdened cost—including base wage adjustments, premium pays, the City's share of the CalPERS normal cost, and the City's Medicare contribution—the total annual impact of the contract amendment is estimated at $59,219. In accordance with the City’s Cost Allocation Plan, the City Manager’s compensation is distributed across multiple funds. Of the total annual increase, approximately $33,545 would be allocated to the General Fund.

Alternatives:

1. Provide alternative direction to the City Attorney and/or staff.

Attachments:

1. COLTON_ City Manager_ 8th Contract Amendment-c1 (003)

23152.06030\44010284.1

EIGHTH AMENDMENT TO THE CITY OF COLTON

CITY MANAGER EMPLOYMENT AGREEMENT
(WILLIAM SMITH)
This Eighth Amendment to the City Manager Employment Agreement (“Eighth Amendment”) between the City of Colton (“City”) and William R. Smith (“Employee”) is entered into this 5th day of August 2025.

RECITALS
WHEREAS, the City entered into an original City Manager Employment Agreement (“Original Agreement”) with Employee on February 18, 2015; and WHEREAS, the City and Employee have previously amended the Original Agreement seven times, with the last amendment having been entered into on March 5, 2024; and WHEREAS, the City Manager’s current Employment Agreement is due for renewal, and the City and Employee now desire to further amend the Original Agreement, as previously amended, in order to provide for a base salary increase for Employee and to extend the term of the Original Agreement through February 18, 2028.

AGREEMENT
NOW, THEREFORE, the above named parties hereby mutually agree and promise as follows:

1. Section 1.1 of the Original Agreement, as amended, is hereby amended further to extend the term of the Original Agreement to February 18, 2028 and to read as follows:
“This Agreement shall be deemed effective beginning on February 18, 2015 and continuing through and until February 18, 2028 and shall remain in effect for that term unless terminated in accordance with Section 9.”

2. Section 2.1 of the Original Agreement, as amended, is hereby amended further to read as follows:
“City agrees to pay City Manager, and City Manager agrees to accept from City, as compensation for services rendered by City Manager pursuant to this Agreement, an annual base salary, commencing on the Effective Date, in the amount of Three Hundred Thirty-Six Thousand, Dollars ($336,000.00) (hereinafter “Annual Base Salary”), payable in installment payments in the same manner and at the same times as salaries of other executive managers of the City are paid.

In the event that another City employee receives an increase in his or her base salary that would come within ten percent (10%) of Employee’s Annual Base Salary, the City Council shall meet upon Employee’s request to consider an increase in the Annual Base Salary for the City Manager.”

23152.06030\44010284.1
2 3. Section 3 of the Original Agreement, as amended, is hereby amended further to read as follows:
“Within ninety (90) days of executing this Eighth Amendment, the Council shall review the City Manager’s job performance. Thereafter, the Council shall review the City Manager’s job performance at least once annually around the anniversary date of this Agreement, with subsequent annual reviews to occur thereafter unless the parties agree otherwise. The Council shall, in writing and in accordance with criteria and format developed jointly by the City Council and the City Manager, conduct the annual performance reviews and evaluations. The Council shall provide the City Manager a reasonable and adequate opportunity to discuss the City Manager's evaluation with the Council.

The annual performance reviews and evaluations shall be reasonably related to the City Manager's written job description and shall be based, in whole or in part, on goals for the City Manager's performance that are jointly developed and adopted by the Council and the City Manager.”

4. Section 8.1 of the Original Agreement, as amended, is hereby further amended to read as follows:
“City hereby agrees to employ City Manager as City Manager of the City of Colton to perform the functions and duties specified in the Municipal Code of the City of Colton, and to perform such other legally permissible duties and functions as the City Council may from time to time assign. Upon acceptance into membership in ICMA, as noted in Section 5.2(A) above, it is expected that City Manager shall abide by the ICMA Code of Ethics. City Manager is encouraged to participate in community and civic affairs including: Chamber of Commerce, Civic Clubs, etc.

At a date to be provided by the City Council, the City Manager shall prepare and present to the City Council a report outlining recommendations for succession planning (including the City Manager position).”

5. The increase in Annual Base Salary set forth in Section 1 above shall become effective on August 5, 2025.

6. Except as amended by this Eighth Amendment, all other terms of the Original Agreement, as previously amended, shall remain in full force and effect. [SIGNATURE PAGE TO FOLLOW]

23152.06030\44010284.1
3 The City and Employee have duly executed this Eighth Amendment as of the date first written above.

CITY OF COLTON EMPLOYEE
By: By:

Frank J. Navarro, Mayor William R. Smith, City Manager
ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

By:

Carlos L. Campos, City Attorney

Item: 1.

Staff Report
Meeting Date: August 5, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Isaac T. Suchil, City Clerk
Item Name: Minutes - Approval of Minutes for the City Council Regular Meeting Held on July 15, 2025, on file in the Office of the City Clerk.

Recommended Action:

Approval of Minutes for the City Council Regular Meeting Held on July 15, 2025.

Background:

Minutes for the City Council Regular Meeting Held on July 15, 2025.

Issues/Analysis:

None
Fiscal Impacts:

None
Alternatives:

None
Attachments:

1. 2025-07-15 - Draft Minutes

City of Colton
City Hall, Council Chambers
650 N. La Cadena Drive
Colton, CA 92324
City of Colton Website
Mayor Frank J. Navarro
Council Members:

David J. Toro – District 1
Kelly J. Chastain – District 2
Dr. Luis S. González – District 3
John R. Echevarria – District 4
City Clerk Isaac T. Suchil
City Treasurer Henry M. Razo
City Manager William R. Smith
City Attorney Carlos Campos
Agenda Minutes
City Council
Colton Utility Authority, Colton Public Financing Authority, Colton Housing Authority
Regular Meeting
Tuesday, July 15, 2025 – 5:00 PM
City Hall, Council Chambers
Closed Session
5:00 P.M.

Closed Session Called to Order
Roll Call:

Councilmembers present were MP Toro, CM Gonzalez, CM Echevarria and Mayor Frank J. Navarro CM Chastain was absent from the call, but later joined closed session at 5:09 P.M. _____________________________________________________________________________ Public Comment - Closed Session – No Comments
_____________________________________________________________________________ City Attorney:

City Attorney Campos announced the City Council would meet in Closed Session to discuss Items 1 through 5.

Closed Session
1) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Jorge Luis Yanez Sanchez v. City of Colton
San Bernardino County Superior Court, Case No. CIVSB2305484 2) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)

Stephanie Moulas v. City of Colton, et al.

San Bernardino County Superior Court, Case No.CIVSB2401378 3) CONFERENCE WITH LABOR NEGOTIATORS
City Representatives: Bill Smith, City Manager & Tom Cody, HR Director Employee Groups: Colton Police Officers Association (CPOA) Colton Police Management Association (CPMA)
Colton Firefighters Association (CFA)
4) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8)) Property: APN 0276-144-55 & 0276-144-54
Agency Negotiator: William R. Smith, City Manager
Negotiating Parties: Satnam Investments LLC
Under Negotiation: Price and Terms of Payment
5) CONFERENCE WITH LABOR NEGOTIATORS
City Representative: Carlos Campos, City Attorney
Unrepresented Employee: William R. Smith, City Manager
City Attorney Oral Report on Closed Session Actions:

City Attorney Campos announced the City Council met in Closed Session to discuss Items 1 through 5 and direction was given, but there was no reportable action. _____________________________________________________________________________ Rules of Decorum
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by Council members, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions should be addressed to the Council as a whole and not to any particular member.

No individual Council member or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including Council members, staff and the public - act and speak respectfully. _____________________________________________________________________________ Open Session
6:00 P.M.

Open Session Called to Order:

By Mayor Frank J. Navarro at 6:05 p.m.

Invocation by:

Pastor Eric Strutz - The Door Church
Flag Salute by:

MPT David Toro

Roll Call:

It was called with all the Council Members present.

Also present was City Clerk Isaac T. Suchil and City Treasure Henry H. Razo.

Staff Present:

William R. Smith, City Manager and Carlos Campos, City Attorney. _____________________________________________________________________________ Ceremonial Matters
• Business Focus – was presented to State Farm Insurance by CM Gonzalez to Scott Manning, Manager.
• Recognition – City of Colton was presented with the US Conference of Mayors Climate Award for 1st Place Small City, Chales Berry, Electric Utility Director and Jessica Sutorus, Environmental Conservation Supervisor accepted the award from Mayor Navarro. • Employee Years of Service Appreciation and Recognition – Presented by William R.

Smith.
25 Years, Michael Farcas—Police Sergeant Martha Garcia—Senior Police Dispatcher Dedie Lopez—Administrative Assistant Shawn McFarland—Police Sergeant Javier Montes—Customer Service Rep II
20 Years, Rico Carillo—Police Corporal Wade Harris—Police Sergeant Anthony Jaeger—Police Sergeant Chantoo Phang—Senior I.S. Coordinator Jaime Ramirez—Police Corporal David Santos—Fire Battalion Chief Justin Weems—Deputy Fire Chief 15 Years, Jason Hanna—Police Sergeant Lisa Lewis—Customer Service Rep II Solomon Magturo—Consumer Service Field Rep II
10 Years, Stacey Dabbs—Finance Director Bernardo De La Torre—Utilities Resource Analyst Rachel Escobar—ECE Site Supervisor Brandon Humphrey—Fire Captain Lewis Jeffers Jr.— Water Distribution Operator II Brad Lindemann—Line Crew Supervisor - Jazmine Mendoza— Police Dispatcher II Aaron Nastase—-Police Corporal Edgar Perez—Police Officer Joel Schwartz—Senior Collection System Tech Hilda Tovar—Police Dispatcher II Steven Witt— Senior Consumer Field Rep Adrian Zapata—Consumer Service-Field Rep II. 5 Years, Nicolas Aldaco-Delgado—Administrative Analyst I Sergio Arias—Maintenance Worker I Lisa Jean Ayala—Executive Assistant Justin Correll—Fire Captain Justin Dobiesz—Police Officer Andrew Gaucin—Building Maintenance Worker II Celeste Gomez—Community Service Officer Alyssa Jacobson—Police Officer Isabel Jaramillo—Police Corporal Michael Jaramillo— Senior Substation Electrician Katherine Myers-Senior Accountant Elizabeth Robles-Rivera—ECE Site Supervisor Katelyn Rodriguez—Recreation Service Coord James Rowe—Power Line Technician Samuel Torres—Maintenance Worker II Corina Vega—Code Enforcement Officer.

Mayor and Council Items
Gift Disclosures - None
AB 1234 Oral Reports - None
Members of the City Council shall provide brief reports on meetings attended at the expense of the city. (GC Section 53232.3(d))
Appointments:
• Appointment - Planning Commission - D4 - Bruce McKillop Bruce McKillop was appointed by Consensus to be the Planning Commissioner for District 4.

Mayor and Council Discussion Items - None

_____________________________________________________________________________ Public Hearings
1) TIME & PLACE FIXED TO CONSIDER A PUBLIC HEARING TO INTRODUCE BY TITLE ONLY AND WAIVE THE FULL READING OF ORDINANCE O-08-25, AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA AMENDING TITLE 18, SECTION 18.34.040 (COLTON’S HUB CITY CENTRE SPECIFIC PLAN – AMENDMENT NO. 2) AMENDING TABLE OF CONTENTS AND VARIOUS PROVISIONS OF SECTIONS 3, 4, 6, AND 7 PERTAINING TO LAND USE, DEVELOPMENT STANDARDS & ADMINISTRATION OF TITLE 18 OF THE COLTON MUNICIPAL CODE TO COMPLY WITH THE 6 TH CYCLE HOUSING ELEMENT UPDATE (2021-2029) AND ACCOMPANYING ADDENDUM TO THE

ENVIRONMENTAL IMPACT REPORT FOR THE COLTON HUB CITY CENTRE SPECIFIC PLAN PROJECT (STATE CLEARINGHOUSE NO. 2008041067) (FILE INDEX NO. DAP24-0038), ORDINANCE NO. O-08-25
Staff Person: Heidi Duron
Public Hearing Opened
The Mayor announced the Public Hearing Open.

The City Clerk submitted the notice of Public Hearing (on file in the City Clerk's Office) and reported that 4 letters of opposition were received for this item.

Staff Presentation
Heidi Duron, Director of Development Services, provided clarification about the item and then introduced Consultant Shannon Lista from Michael Baker Consulting to the Council an overview of the agenda item.

Public Hearing Comment
The following community members addressed the Council:
• Jose Cervantes
• Robin Hackter
• Reed Shankailer
• Pamela Sapetto
• Paige Gosney
• Bruce Dalfour
Public Hearing Closed
A motion was made to Close the Public Hearing by Luis S. Gonzalez, with a second by Kelly Chastain.

Vote: Unanimous, Motion Passes.

Council Discussion
Discernment and discussion between Mayor and Council members present, with clarification provided by staff: Heidi Duron, Director of Development Services; Mario Suarez, Planning Manager; and Shannon Lista, Consultant.

Motion/Vote
A motion was made to approve the item by Luis S. Gonzalez, with a second by Kelly Chastain.

Vote: Unanimous, Motion passes

Business Items
There were no Business items.

Public Comment - Limit 3 Minutes
The following community members addressed the Council:

Angel Delgad, Resident of Colton
Ramiro Delgadillo, Resident of Colton
Pam Lemos, Resident of Colton
____________________________________________________________________________ Consent Calendar
Mayor Navarro presented the consent calendar to the Council for approval, items 1 through 20. 1) Minutes - Approval of Minutes for the City Council Regular Meetings Held on May 20, 2025 and June 17, 2025, on File in the Office of the City Clerk.

Staff Person: Isaac T. Suchil
2) Warrants - Approve US Bank voucher dated 05/29/2025 and totaling $66,459.62; voucher numbers 219609 to 219688 dated 05/28/2025 and totaling $100,680.52; voucher numbers 219689 to 219804 dated 05/29/2025 and totaling $1,202,20244.23; voucher numbers 219805 to 219910 dated 06/05/2025 and totaling $3,095,006.02; voucher numbers 219911 to 220000 dated 06/12/2025 and totaling $1,010,144.26 and voucher numbers 220001 to 220099 dated 06/19/2025 and totaling $434,354.66.

Staff Person: Stacey Dabbs
3) Agreement - Blais & Associates - Approve Agreement with Blais & Associates for Grant Writing Services.

Staff Person: Charles Berry
4) Agreement - AXON Enterprise, Inc. - Approve an Agreement with AXON Enterprise, Inc. for Seventy-Five (75) Body Worn Cameras, Seventy-Five (75) Tasers, Fusus Pro Licenses, and Associated Equipment and Software.

Staff Person: Anthony Vega
5) Bond Release - DAP-001-800 - Approve Release of the Payment and Performance, and Maintenance Bonds for DAP-001-800 (Donut Star) at 736 W. Valley Blvd. – APN: 0162- 122-09 and 0162-122-10.

Staff Person: Chad Blais
6) Budget Amendment - CR&R Disposal Services - Approve and Adopt a Resolution to amend the Fiscal Year 2024/2025 Public Works Budget for Solid Waste Professional Services and Streets Professional Services, RESOLUTION NO. R-54-25.

Staff Person: Chad Blais

7) Contract Award - AALRR - Approve the Contract Agreement with Atkinson, Andelson, Loya, Ruud & Romo (AALRR) for Professional Legal Services.

Staff Person: Anthony Vega
8) CFD Levy - CFD's 2021-1 & 2021-2 - Approve Levy of Special Taxes in CFDs No. 2021-1 and 2021-2 for FY2025-26, RESOLUTION NO. R-55-25 & R-56-25.

Staff Person: Heidi Duron
9) 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.

Staff Person: Chad Blais
10) 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.

Staff Person: Chad Blais
11) 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. R53-25.

Staff Person: Chad Blais
12) Contract Amendment - Willdan Engineering - Approve Fifth Contract Amendment with Willdan Engineering for Building Support Services for Fiscal Year 2025-26.

Staff Person: Heidi Duron
13) Contract - Colton Joint Unified School District - Approve a Three (3) Year Contract with Colton Joint Unified School District (CJUSD) for the Provision of School Resource Officers.

Staff Person: Anthony Vega
14) Contract Renewal - Motorola Solutions - Approve Renewal of Contract with Motorola Solutions for GIS Managed Services and Support for the ArcGIS Pro Migration.

Staff Person: Anthony Vega
15) Correction to Contract Amendment - Ninyo & Moore - Approve Correction to Contract Amendment with Ninyo & Moore to Complete Environmental Work at the Corporate Yard.

Staff Person: Charles Berry
16) Grant Acceptance & Purchase - Officer Wellness & Mental Health Grant - Approve and Adopt a Resolution to Accept the Board of State and Community Corrections (BSCC)

Officer Wellness & Mental Health Grant, and Approve Purchase of Equipment from Advanced Exercise, RESOLUTION NO. R-58-25.

Staff Person: Anthony Vega
17) Investment Policy - Approve Update to the City Investment Policy.

Staff Person: Stacey Dabbs
18) Lease Agreement - Enterprise Fleet Management Inc. - Approve a Master Equity Lease Agreement with Enterprise Fleet Management Inc., for Ford Explorer Police Interceptors and Unmarked/Administrative Vehicles.

Staff Person: Anthony Vega
19) Approve and Adopt the City of Colton Sewer System Management Plan (SSMP) - Approve and Adopt the City of Colton Sewer System Management Plan and Rescind Resolution No.

R-124-15, RESOLUTION NO. R-62-25.

Staff Person: Chad Blais
20) NOC - Fire Station 212 Driveway Replacement Project - Approve the Execution and Recordation of the Notice of Completion for the Fire Station 212 Driveway Replacement Project.

Staff Person: Chad Blais
Mayor and Council Oral Reports and Comments
Comments from the Mayor and Council on various issues and activities throughout the community can be viewed on our City of Colton Website (www.coltonca.gov).

City Manager's Reports - None
Adjournment
Mayor Navarro adjourned the Regular Council Meeting at 8:16 PM in Memorial for: City of Colton Business License Officer Rosa Arroyo Rodriguez, LAPD Sergeant Shiou Deng, Battalion Chief John Morrison and Frank Harwood; a moment of silence was observed _________________________
Isaac T. Suchil, City Clerk
City of Colton

Item: 2.

Staff Report
Meeting Date: August 5, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Stacey Dabbs, Finance Director
Item Name: Warrants - Approve voucher numbers 220103 to 220182 dated 06/25/2025 and totaling $99,494.86; voucher numbers 220100, 220101, 220102 and 220183 to 220322 dated 06/26/2025 and totaling $3,950,554.01; voucher numbers 220323 to 220421 dated 07/07/2025 and totaling $2,848,790.80; replacement checks 220422 & 220423 totaling $3,792.65; voucher numbers 220424 to 220523 dated 07/10/2025 and totaling $3,186,473.92; payroll disbursement listing dated 03/01/2025 to 03/14/2025 and totaling $1,177,951.84; payroll disbursement listing dated 03/15/2025 to 03/28/2025 and totaling $1,199,900.48; payroll disbursement listing dated 03/29/2025 to 04/11/2025 and totaling $1,188,675.37; payroll disbursement listing dated 04/12/2025 to 04/25/2025 and totaling $1,175,041.30; payroll disbursement listing dated 04/26/2025 to 05/09/2025 and totaling $1,263,274.04; payroll disbursement listing dated 05/10/2025 to 05/23/2025 and totaling $1,117,949.43 and payroll disbursement listing dated 05/24/2025 to 06/06/2025 and totaling $1,356,004.75.

Recommended Action:

Staff recommends the City Council approve voucher numbers 220103 to 220182 dated 06/25/2025 and totaling $99,494.86; voucher numbers 220100, 220101, 220102 and 220183 to 220322 dated 06/26/2025 and totaling $3,950,554.01; voucher numbers 220323 to 220421 dated 07/07/2025 and totaling $2,848,790.80; replacement checks 220422 & 220423 totaling $3,792.65; voucher numbers 220424 to 220523 dated 07/10/2025 and totaling $3,186,473.92; payroll disbursement listing dated 03/01/2025 to 03/14/2025 and totaling $1,177,951.84; payroll disbursement listing dated 03/15/2025 to 03/28/2025 and totaling $1,199,900.48; payroll disbursement listing dated 03/29/2025 to 04/11/2025 and totaling $1,188,675.37; payroll disbursement listing dated 04/12/2025 to 04/25/2025 and totaling $1,175,041.30; payroll disbursement listing dated 04/26/2025 to 05/09/2025 and totaling $1,263,274.04; payroll disbursement listing dated 05/10/2025 to 05/23/2025 and totaling $1,117,949.43 and payroll disbursement listing dated 05/24/2025 to 06/06/2025 and totaling $1,356,004.75.

Background:

The California Government Code requires that the legislative body ratify all vouchers issued in

the course of conducting City business.

Issues/Analysis:

All vouchers and related backup documentation have been reviewed by the Finance Director and City Manager.

Fiscal Impacts:

None.

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. Voucher lists

2. Payroll Registers

3. Fund Number and Title Legend

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

Item: 3.

Staff Report
Meeting Date: August 5, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Contract Amendment – IDC Consulting Engineers, Inc. - Approve Contract Amendment No. 3 with IDC Consulting Engineers, Inc. for the Mt. Vernon Avenue Bridge over Santa Ana River Seismic Retrofit Project, RESOLUTION NO. R-65-25.

Recommended Action:

1. Approve Resolution R-65-25 amending the Fiscal Year 2025/2026 Capital Improvement Program budget increasing funding for Bridge #54C-0100 - Mt. Vernon Ave. Bridge over Santa Ana River Seismic Retrofit Project.

2. Approve Contract Amendment No. 3 for the Professional Services contract to IDC Consulting Engineers, Inc. in the amount of $254,005.00 to include the preparation of final plans, specification and estimates (PS&E), right of way certification and final environmental documents for Bridge #54C-0100 - Mt. Vernon Ave. Bridge over Santa Ana River Seismic Retrofit Project and authorize the City Manager to execute the amended agreement.

Background:

The statewide Seismic Safety Retrofit Program was established by emergency legislation (SB 36X) enacted during a legislative session after the October 1989 Loma Prieta Earthquake to provide funding assistance to local agencies for fixing structural seismic design deficiencies of public bridges on local streets and roads in California. The Mt. Vernon Ave. Bridge over Santa Ana River is one of the bridges that received funding from the statewide Seismic Safety Retrofit Program.

The project suffered delays due to the City’s request to modify the scope of the project by adding the widening of the bridge to the scope. Caltrans staff informed the City that the bridge widening will not be included in the project and the scope will be seismic retrofit only. In the future, the City could still apply for funding for the widening of this bridge.

Issues/Analysis:

On June 1, 2021, the City awarded the contract for the preparation of the seismic strategy report and 35% plan to IDC Consulting Engineers, Inc. in the amount of $85,502.20. The cost proposal of IDC Consulting Engineers, Inc. to complete the preliminary engineering, required technical studies and permits, and final design is $684,658. At that time, the City did not award the other components of the RFP since Caltrans instructed City staff to submit the seismic strategy before the additional funding for preliminary engineering could be released.

On January 18, 2022, Caltrans informed the City that additional funding in the amount of $110,751 was approved for the channel hydraulic analysis and preliminary environmental documents of the project. Amendment No.1 for the preparation of channel hydraulics, aerial survey and preliminary environmental documents was authorized on February 15, 2022, in the amount of $91,266.73 for a contract total of $176,768.93. Due to the need for a bat and willow flycatcher protocol survey, Amendment No. 2 to the contract in the amount of $16,271.00 was approved on June 21, 2022 for a contract total amount of $193,039.93.

On February 24, 2025, Caltrans approved the seismic strategy report for the project.

Subsequently, City staff requested authorization for additional Highway Bridge Program (HBP) federal funding for the completion of PS&E, right of way and final environmental document for the project. The additional HBP fund in the amount of $361,999 was approved by Caltrans on May 1, 2025, and the required local match for this funding is $46,901.00 (11.47%).

Upon the request of City staff, IDC submitted contract Amendment No. 3 for the preparation of final PS&E, right of way and final environmental documents for the project, in the amount of $254,005.00 for a new contract total amount of $447,044.93. The new total cost to complete the design, right of way and environmental is much lower than the original proposal of $684,658 due to the approved seismic strategy that will have less impact on the river channel and bridge column/foundation retrofit. The estimated completion of 100% design, right of way and environmental documents is December 2026.

The breakdown of the additional work for the preparation of PS&E, right of way and final environmental document are as follows:
a. Project Management = $ 12,000.00
b. Local Assistance Coordination = $ 10,000.00
c. Bridge Design Development = $ 45,600.00
d. Plan Production = $ 42,600.00
e. Cost Estimate = $ 7,200.00
f. Civil Design = $ 12,000.00
g. Geotechnical Memorandum = $ 20,000.00
h. Right of Way/Utility Coordination = $ 10,000.00
i. Environmental Services = $ 94,605.00
Total = $254,005.00
Fiscal Impacts:

Change order No. 3 for IDC Consulting Engineers, Inc. in the amount of $254,005.00 requires an additional appropriation and will be funded as follows below. Resolution No. R-65-25 allocates

$361,999 from federal HBP and reallocates local funds (Measure I) in the amount of $66,919.72 from La Cadena Dr. over the Santa Ana River Bridge Replacement Project to Mt. Vernon Ave.

Bridge over Santa Ana River Seismic Retrofit Project. This funding is no longer needed for the La Cadena Bridge since the local match for the project will be funded by Traffic Impact and Arterial Measure I funds.

Account Number Current
Balance
Per R-65-25 Total Funding IDC, Inc.

Amendment 3
Federal Fund - 450-0637-
6987-3890-0000-000
$3,280.39 $361,999.00 $365,279.39 $224,870.63
Measure I - 450-0637-6970-
3890-0000-000
$1,803.77 $65,115.95 $66,919.72 $29,134.37
Total $5,084.16 $427,114.95 $432,199.11 $254,005.00
Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. Exhibit A - IDC Contract Amendment No. 3

2. Exhibit B - Resolution R-65-25

3. Exhibit C - Caltrans Finance Letter for Additional Funding

(BB&K: 06/2024)
23152.06000\32391457.2
AMENDMENT NO. 3 TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND
IDC CONSULTING ENGINEERS, INC.

1. PARTIES AND DATE.

This Amendment No. 3 to the Professional Services Agreement is made and entered into this 5th day of August 2025 by and between the City of Colton, a California municipal corporation (“City”) and IDC Consulting Engineers, 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 June 2, 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 Santa Ana River Seismic Retrofit Project.

2.2 Amendment. City and Consultant entered into Amendment No. 1 to the Agreement dated February 16, 2022 and Amendment No. 2 to the Agreement dated June 22, 2022 for the additional compensation for the engineering plans and environmental documents.

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. 3 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 December 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.

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 Four Hundred Forty Seven

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23152.06000\32391457.2
Thousand Forty Four Dollars and Ninety Three Cents ($447,044.93) 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. 3, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 3, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3.

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. 3.

3.4 Severability. If any portion of this Amendment No. 3 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. 3 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]

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

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND IDC CONSULTING ENGINEERS, INC.

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 3 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
IDC CONSULTING ENGINEERS, INC.

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

4 (BB&K: 06/2024)
23152.06000\32391457.2
EXHIBIT "A

COMPENSATION
Compensation to IDC CONSULTING ENGINEERS, INC for the services of this Agreement shall not exceed Four Hundred Forty Seven Thousand Forty Four Dollars and Ninety Three Cents ($447,044.93) 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 $ 85,502.20
B. Amendment No . 1 $ 91,266.73
C. Amendment No. 2 $ 16,271.00
D. Amendment No. 3 $254,005.00

1. Project Management = $ 12,000.00

2. Local Assistance Coordination = $ 10,000.00

3. Bridge Design Development = $ 45,600.00

4. Plan Production = $ 42,600.00

5. Cost Estimate = $ 7,200.00

6. Civil Design = $ 12,000.00

7. Geotechnical Memorandum = $ 20,000.00

8. Right of Way/Utility Coordination = $ 10,000.00

9. Environmental Services = $ 94,605.00
D. Total Contract Cost $447,044.93
Hourly Rates:

Project Manager $250.00
Senior Bridge Engineer $180.00
Design Engineer $150.00
Civil Engineer $150.00
CADD Manager $140.00
Junior Engineer $ 90.00

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RESOLUTION NO. R-65-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
AMENDING THE FISCAL YEAR 2025/2026 CAPITAL IMPROVEMENT
BUDGET FOR MT. VERNON AVE. OVER SANTA ANA RIVER BRIDGE

SEISMIC RETROFIT PROJECT
WHEREAS, the City of Colton (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and, WHEREAS, the City intends to support the City’s goal to improve the City’s traffic safety and infrastructure; and,
WHEREAS, the City of Colton Highway Bridge Program funding through Caltrans in the amount of $361,999 for the final PS&E, environmental and right of way documents phase of Mt. Vernon Ave. Over Santa Ana River Bridge Seismic Retrofit Project; and,
WHEREAS, the federal funding requires local match that will be provided by Measure I fund in the amount of $65,115.95 allocated for La Cadena Drive Bridge Replacement Project and will be moved to Mt. Vernon Ave. Over Santa Ana River Bridge Seismic Retrofit Project; and,
WHEREAS, a budget appropriation not listed in the Fiscal Year 2025/2026 budget is required and must be approved by resolution of the City Council.

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

Section 1 The above recitals are true and correct.

Section 2 The City Council authorizes the following amendment for the Fiscal Year 2025/2026 budget:
• Increase revenues by $361,999 in account number 225-5886-001; • Increase appropriations in 225-1000-1000-5993-0004-450 by $361,999:
• Increase appropriations by $361,999 in account number 450-0637-6987-3890- 0000-000 for Mt. Vernon Ave. Over Santa Ana River Bridge Seismic Retrofit Project; and,
• Decrease appropriations in account number 450-1306-6970-3890-0000-000 by $65,115.95; and,
• Appropriate $65,115.95 in account number 450-0637-6970-3890-0000-000 for Mt. Vernon Ave. Over Santa Ana River Bridge Seismic Retrofit Project

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PASSED, APPROVED AND ADOPTED THIS 5th DAY OF AUGUST 2025. __________________________
FRANK J. NAVARRO
Mayor
ATTEST:
__________________________________
ISAAC T. SUCHIL
City Clerk

FINANCE LETTER
06/04/202508-SBD-0-COLBRLSZ-5065(017)0800020284
DEPARTMENT OF TRANSPORTATIONTo: City of Colton
Date:

D_CO_RT:

Project No:

Adv. Project Id:

Project End Date: 06/30/2027
EA No: 08-925118
Est Tot Proj Costs: $4,234,000

PRO RATA OR

LUMP SUM

FEDERAL NHPP OTHER FUNDS
FUNDS

FINANCE ITEMS LOCAL FUNDS
Agency Preliminary Engineering Pro Rata $60,000.00 $60,000.00 88.53% $53,118.00 $0.00 $0.00 $6,882.00 $0.00Agency Preliminary Engineering Pro Rata $125,100.00 $125,100.00 88.53% $0.00 $110,751.00 $0.00 $14,349.00 $0.00Agency Preliminary Engineering Lump Sum $408,900.00 $408,900.00 88.53% $0.00 $0.00 $361,999.00 $46,901.00 $0.00 Totals: $594,000.00 $594,000.00 $53,118.00 $110,751.00 $361,999.00 $68,132.00 $0.00 FEDERAL PART.

COST
TOTAL COST OF FED. REIMB %
WORK

FEDERAL

SEISMIC FUNDS

FEDERAL
H100 Z0E1 Y001
Participation Ratio: 100% This Finance Letter was created based on specific financial information provided by the responsible local agency. The following encumbrance history is prepared by Local Assistance Accounting Office and is provided here for local agency's information and action.

Signature:

Title: HQ Senior Area Engineer
Seq#4: Cost adjustment adding additional funding for the phase of PE. Obligate $361,999 of Y001 for PE. Maximum reimbursementd at a 88.53%. PED ext from 12/31/2025 to 06/30/2027.SEQ #3: The PED is being extended from 4/12/2023 to 12/31/2025 due to discover additional biological resources that delays the completion of the NEPA.*Due to a lapse in the PED, any costs incurred between the existing PED 4/12/2023 and approval of E76 Sequence #3 will not be eligible for reimbursement. No changes to total Federalshare.*No changes to total Federal share. (279) 599-3120
Printed Name: Raimund Yambao
Telephone No:

Remarks: _________________________________ ADV. PROJECT ID APPROP. UNIT STATE PROG. FED/ STATE ENCUMBRANCE AMOUNT APPROP YEAR EXPENDITURE AMOUNT ENCUMBRANCE BALANCE REVERSION DATE* APPROVED AMOUNT EXPIRATION DATE Cooperative Work Agreement ACCOUNTING INFORMATION BRLSZ-5065(017) 0800020284 25102F 2030010300 F $361,999.00 2425 $0.00 $361,999.00 06/30/20300800020284 22102F 2030010300 F $110,751.00 2122 $71,751.00 $39,000.00 06/30/20270800020284 17102F 2030010690 F $22,697.84 1617 $22,697.84 $0.00 06/30/20220800020284 16102F 2030010690 F $6,908.54 1516 $6,908.54 $0.00 06/30/20210800020284 12102F 2030010690 F $23,511.61 1112 $23,511.61 $0.00 06/30/2017 $32,796.00 06/30/2019 *Please submit invoices to the appropriate Districts by April 1st to avoid funds lapsing on the June 30th reversion date listed above and to allow sufficient timefor Accounting and SCO year-end closing procedures.

5065017 S4 FL 6.4.25
Final Audit Report 2025-06-04
Created: 2025-06-04
By: Alberta Snowden ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAABsNB4NgH3sWN-nXXMQCo33dH6A-E22Ki "5065017 S4 FL 6.4.25" History
Document created by Alberta Snowden ([email protected]) 2025-06-04 - 5:18:32 PM GMT- IP address: 149.136.17.247 Document emailed to Raimund Yambao ([email protected]) for signature 2025-06-04 - 5:19:02 PM GMT
Email viewed by Raimund Yambao ([email protected]) 2025-06-04 - 5:19:29 PM GMT- IP address: 44.215.208.105 Document e-signed by Raimund Yambao ([email protected]) Signature Date: 2025-06-04 - 5:34:48 PM GMT - Time Source: server- IP address: 149.136.25.247 Agreement completed.
2025-06-04 - 5:34:48 PM GMT

Item: 4.

Staff Report
Meeting Date: August 5, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Contract Amendment - Lee and Ro, Inc. - Approve Second Amendment to Contract with Lee and Ro Inc., for the Design of the City of Colton Water Reclamation Facility Upgrade Project and Approve and Adopt a Resolution to Amend the Fiscal Year 2025/2026 Wastewater Utility Budget, RESOLUTION NO. R-66-25.

Recommended Action:

1. Approve the Second Amendment to the Professional Services Agreement with Lee and Ro Inc., for engineering and design services for the Water Reclamation Facility Upgrade project by $3,199,703.00 for a total contract amount not-to-exceed $5,788,254.00, and

2. Adopt Resolution R-66-25 amending the FY2025-26 Budget to increase Wastewater Utility Fund appropriations by $1,199,703 from reserve balance.

3. Authorize the City Manager to execute the agreement.

Background:

Since 1949, the City of Colton has owned, operated, and maintained the Water Reclamation Facility (WRF) at 1201 S. Rancho Avenue. The WRF treats domestic, commercial, and industrial wastewater generated by the City of Colton, the City of Grand Terrace, and portions of unincorporated San Bernardino County. Over time, the facility has been expanded and upgraded to meet the needs of a growing population and evolving regulatory requirements from the California Regional Water Quality Control Board.

The WRF originally consisted of three plants: Plant 1 (constructed in 1949), Plant 2 (1971), and Plant 3 (2000). Plant 1 was decommissioned in 2004 and demolished in 2020, except for Digester No. 2, which remains in limited use. The facility provides secondary treatment, nutrient removal, solids separation, and anaerobic digestion. Much of the existing infrastructure, including treatment processes and mechanical systems, is more than 40 years old—well beyond

its intended lifespan. This has led to operational inefficiencies, safety concerns, and a lack of system redundancy.

Average daily flow (ADF) to the WRF ranges from 5.0 to 5.5 million gallons per day (MGD).

According to the 2016 Wastewater Master Plan, average dry weather flow (ADWF) is projected to reach 7.0 MGD by 2040. The facility currently operates two treatment plants:
• Plant 2, built in 1971 with a capacity of 3.0 MGD
• Plant 3, built in 1988 and expanded in 2000, with a capacity of 5.0 MGD In December 2015, the City commissioned an engineering assessment of the WRF by Krieger & Stewart. Key findings included:
• Significant portions of the facility are beyond their useful life. • Aging infrastructure poses operational, safety, and redundancy concerns. • The anaerobic digester lacks redundancy, making maintenance and repairs difficult. • The flare system is outdated and non-compliant with current air quality regulations. • The sewage conveyance system includes a siphon prone to clogging and overflows.

The assessment presented two alternatives:
• Alternative 1: Rehabilitate Plant 2 to extend its life by approximately 10 years • Alternative 2: Abandon the remaining portions of Plants 1 and 2 and expand Plant 3 to

7.5 MGD by adding primary sedimentation basins. This option provides long-term compliance and system reliability.

Issues/Analysis:

On August 17, 2021, the City Council awarded a $2,299,243.00 professional services agreement to Lee & Ro, Inc. to initiate engineering design services for the upgrade of the City’s Water Reclamation Facility (WRF). At that time, staff pursued a hybrid approach that incorporated selected elements from both alternatives identified in the 2015 Engineering Assessment Report—rehabilitating Plant 2 while expanding portions of Plant 3. Although this approach was initially deemed cost-effective due to lack of funding, it excluded several critical improvements, such as a new flare system and digester, that are essential to meet the long-term operational, regulatory, and capacity needs of the facility.

Following a series of recent design review meetings with the new Director, operations staff, engineering staff, and the consultant team, it has become evident that the original design scope no longer reflects the current conditions or future demands of the WRF. As a result, substantial modifications are now required to ensure the facility remains compliant, efficient, and capable of meeting future growth and regulatory requirements.

Adding to the urgency, in mid-2024, the South Coast Air Quality Management District (AQMD) conducted an inspection of the WRF and issued a formal Notice of Non-Compliance for two major deficiencies:

1. The existing open-style flare used to burn off gases produced by the anaerobic digester system does not meet AQMD regulatory standards. The unit must be replaced immediately with a compliant system, or the City may face fines of up to $10,000 per day until the issue is resolved.

2. The Waukesha engines currently used to power the blower system are outdated and incapable of supporting emissions monitoring or testing, further contributing to regulatory non-compliance.

In response to the Notice of Non-Compliance, the City is now required to accelerate the replacement of the flare system to bring the WRF back into regulatory compliance. Staff is actively working with the consultant to revise the project scope, prioritize the flare system upgrade, and incorporate additional design adjustments to address operational challenges, future flow projections, and evolving regulatory requirements.

The overarching goal is to develop a comprehensive and functional design that positions the City to apply for a low-interest loan through the State Revolving Fund (SRF) program. The anticipated total construction cost is currently estimated at approximately $100 million.

Fiscal Impacts:

The adopted FY 2025-26 Wastewater Capital Improvement Budget included a $1,000,000 line item allocation for the Wastewater Treatment Plant for miscellaneous improvements (522-8200- 8204-3890-0000-000) and $1,000,000 for Waterwater Operations Sewer Line Replacement (522- 8200-8206-3890-0000-000). To fund the contract amendment, staff will internally process a budget adjustment of $1,000,000 from the Wastewater Operations Sewer Line Replacement account to the Wastewater Treatment Plant account and request City Council approve Resolution R-66-25 to appropriate $1,199,703 from the Wastewater Fund reserve balance to Wastewater Treatment Plant Capital Improvement Account 522-8200-8204-3890-0000-000 for the contract amendment.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. Resolution R-66-25

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RESOLUTION NO. R-66-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON AMENDING THE FISCAL YEAR 2025/2026 CAPITAL IMPROVEMENTS WASTEWATER

UTILITY FUND, WASTEWATER TREATMENT PLANT CAPITAL IMPROVEMENT ACCOUNT.

WHEREAS, the City Council of the City of Colton adopted and approved the annual budget for Fiscal Year 2025-26 on the 20th day of May 2025; and WHEREAS, in the Capital Improvement Fund for the Wastewater Treatment Plant Capital Improvement account must now be amended to increase the appropriation by $1,199,703; and WHEREAS, this funding will be utilized for the Water Reclamation Facility Upgrade design project currently in progress; and

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

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

Section 2 The City Council authorizes an additional appropriation of $1,199,703 from the Wastewater Fund Reserve balance to the Wastewater Utility Fund Wastewater Treatment Plant Capital Improvement Account Number 522-8200-8204-3890-0000-000 as an adjustment to the Fiscal Year 2025/26 budget.

PASSED, APPROVED AND ADOPTED THIS 5th DAY OF AUGUST 2025. ________________________________________
FRANK J. NAVARRO
Mayor
ATTEST:
_____________________________
Isaac T. Suchil
City Clerk

Item: 5.

Staff Report
Meeting Date: August 5, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Deb Farrar, Director
Item Name: Contract Amendment - Red Hawk Services - Approve Second Change Order for Red Hawk Services for Fencing at the Carnegie Building for the Colton Area Museum.

Recommended Action:

Approve Change Order No. 2 for Red Hawk Services for Fencing at the Carnegie Building for the Colton Area Museum, bringing total contract in the amount of $105,867.62.

Background:

The Colton Area Museum, founded in 1991 and operated by an all-volunteer Board of Directors, is housed in the historic Carnegie Library Building, constructed in 1908. In 2019, Assembly Member Eloise Gómez Reyes secured $900,000 in State Local Assistance Grant funds for building improvements, which the City of Colton formally accepted. The Community Services Department managed these improvements on behalf of the Museum Board.

On January 21, 2025, the City Council awarded a contract to Red Hawk Services, Inc. in the amount of $98,669.63 for the Carnegie Building Fencing Project. The wrought iron fencing and gates were installed around the property to enhance security and reduce unauthorized use of the building’s entryways and side areas.

Issues/Analysis:

Following installation of the fencing, a first change order in the amount of $3,747.88 was issued to add an additional gate at the rear of the property near the trash enclosure. During an on-site review, Public Works staff identified the need for a clear opening of at least 63 inches to allow proper access for equipment servicing the area. To accommodate this requirement, they recommended converting the last panel adjacent to the enclosure into a swing gate by adding

hinges.

This report now requests approval of a second change order in the amount of $3,450.11 to address further adjustments at the trash enclosure and to install a cane bolt on the maintenance gate. These modifications will improve the overall functionality of the fencing, ensuring secure yet practical access for maintenance and operations.

If approved, the total project cost will increase from the original $98,669.63 to $105,867.62, which exceeds the 5% contingency previously authorized. Staff recommends approval of this change order to maintain the safety, security, and integrity of the fencing system and to support ongoing operational needs for the site.

Fiscal Impacts:

Sufficient appropriations are available to carry over from the adopted FY 2024-2025 budget in Miscellaneous Grants Fund, Community Services, CA State Department of Parks & Recreation (CAM), Capital Improvement Account Number 225-6200-6222-3890-0000-000.

Alternatives:

Attachments:

None

Item: 6.

Staff Report
Meeting Date: August 5, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Contract Award - Hardy & Harper, Inc. - Approve the Award of Contract to Hardy & Harper, Inc. for the San Bernardino Avenue Street Improvement Project in the Amount of $401,200.00.

Recommended Action:

Staff recommends that the City Council take the following action:

1. Authorize the award of contract for the San Bernardino Avenue Street Improvement Project to Hardy & Harper, Inc. as the lowest responsive and responsible bidder for $401,200.00 and authorize the City Manager to execute the contract agreement.

Background:

San Bernardino Ave. is an arterial street that runs east to west in the northwest part of Colton between Meridian Ave. and the west City limit. The scope of the Project includes installation of missing curb and gutter (south side), ADA ramps, minor asphalt widening, and installation of striping and signs for new bike lanes. The limit of the Project is between Pepper Ave. and Indigo St. as shown on the project plans (Exhibit A).

Issues/Analysis:

In April 11, 2022, City Council authorized the award of design services contract to STC Traffic, Inc. for the preparation of plans and specifications for this project. The plan and specifications were completed on March 3, 2025.

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 June 3, 2025, and June 10, 2025.

Bids were opened on July 10, 2025, and staff received the following bids:

Contractor Bid Amount
Hardy & Harper $401,200.00
DM Contracting $412,840.80
CT&T Concrete $425,516.49
Onyx Paving $464,000.00
Gentry General Engineering $468,173.77
Leonidou Builders $497,809.55
LC Paving $503,719.50
All American Asphalt $532,483.82
Van Engineering $564,369.25
Hillcrest Constructing $614,078.42

Staff reviewed and evaluated submitted bids and recommend awarding the contract (Exhibit B) for the San Bernardino Avenue Street Improvement Project to Hardy & Harper, Inc. as the lowest responsive and responsible bidder for $401,200.00.

Fiscal Impacts:

Sufficient appropriations are available for carryover and included in the FY2025-26 adopted budget for the project in the following accounts:

Funding Source Account No. Total Funding (5%
Contingency)
Contract Amount
Host City Fee 240-2632-6150-3890-
0000-000
$320,000.00 $320,000.00
Measure I 218-2221-6150-3890-
0000-000
$77,321.31 $77,321.31
Capital Improvement
CFD 87-1
450-2232-6985-3890-
0000-000
$25,206.00 $3,878.69
Total $422,527.31 $401,200.00
The total funding includes a 5% contingency.

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. Exhibit A - Project Plans

2. Exhibit B – Contract

“ “ ” ” CITY OF COLTON “ ” “ ” ” “ TRAFFIC
7 TITLE SHEET 1 5/22/25

TRAFFIC

DETAIL SHEET
2 7 5/22/25

3 SAN BERNARDINO AVENUE

INDIGO AVE

TRAFFIC
7 IMPROVEMENT PLAN -

SAN BERNARDINO AVE & INDIGO AVE

SAN BERNARDINO AVENUE

IRON HORSE DR
1120

NW'LY NE'LY
1090
NW'LY
1090
NW'LY
5/22/25

X X X X X X X X X X
X

SAN BERNARDINO AVENUE

CHRISTOBAL LN
13+00 14+00 15+00 16+00

TRAFFIC
7 IMPROVEMENT PLAN -
SAN BERNARDINO AVE & CHRISTOBAL LN 4
1120'

NW'LY NE'LY
1125
1125 S'LY
5/22/25

X X X

TRAFFIC
7 IMPROVEMENT PLAN - SAN BERNARDINO AVE

BETWEEN EUCALYPTUS AVE & AGUA CALIENTE AVE
24+00 25+00 26+00 27+00

SAN BERNARDINO AVENUE

EUCALYPTUS AVE AGUA CALIENTE AVENUE
23+00 28+00
5 NW'LY

NW'LY NE'LY
1095' N'LY 1095'
NW'LY
1090
1090 S'LY
5/22/25

X X X X X X TRAFFIC
7 SEE ABOVE RIGHT
MATCHLINE 20+60
MATCHLINE 20+60

SEE BELOW LEFT
MATCHLINE 33+00
SEE SHEET 7 SAN BERNARDINO AVENUE SAN BERNARDINO AVENUE INDIGO AVE CHRISTOBAL LN EUCALYPTUS AVE AGUA CALIENTE AVENUE IRON HORSE DR SIGNING AND STRIPING PLAN - SAN BERNARDINO AVE 6 5/22/25

TRAFFIC
7 SEE SHEET 6
MATCHLINE 33+00 SAN BERNARDINO AVENUE PEPPER AVE 40 SIGNING AND STRIPING PLAN - SAN BERNARDINO AVE 7 5/22/25

23152.04000\42402756.1

CITY OF COLTON

SHORT FORM CONSTRUCTION CONTRACT

SAN BERNARDINO AVENUE STREET IMPROVEMENT PROJECT

1. PARTIES AND DATE.

This Contract is made and entered into this 5th day of August, 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 Hardy & Harper, Inc., a Corporation with its principal place of business at 32 Rancho Circle, Lake Forest, California 92630 (“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 curb, gutter, sidewalk, curb ramps, AC paving, traffic signage, pavement striping and markings 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 San Bernardino Avenue Street Improvement Project (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, applicable 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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2 • 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

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.

23152.04000\42402756.1
4 3.3 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this Contract within 120 calendar 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 Four-Hundred

23152.04000\42402756.1
5 One Thousand Two-Hundred Dollars ($401,200.00) (“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 City, or with a state or federally chartered bank in California as the escrow agent, and thereafter

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6 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.

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

23152.04000\42402756.1
7 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:

23152.04000\42402756.1
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.

23152.04000\42402756.1
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.

23152.04000\42402756.1
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,

23152.04000\42402756.1
21 replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.17 Employee/Labor Certifications.

3.17.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he 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 Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.17.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. 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.

3.17.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.17 or any of its sub-sections.

3.18 General Provisions.

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

3.18.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall

23152.04000\42402756.1
22 supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.18.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate this Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

Contractor shall be required to provide such document and other information within fifteen (15) days of the request. The City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Work, including, without limitation, any overhead and profit on the portion of the Work that is terminated and shall not be entitled to damages or compensation of any kind or nature for termination of Work.

3.18.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.18.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.18.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

23152.04000\42402756.1
23 CONTRACTOR:

HARDY & HARPER, INC.
32 RANCHO CIRCLE
LAKE FOREST, CA 92630
ATTN: DAN T. MAAS, PRESIDENT
CITY:

CITY OF COLTON
650 NORTH LA CADENA DRIVE
COLTON, CA 92324
ATTN: CHAD BLAIS, PUBLIC WORKS DIRECTOR
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.18.7 Time of Essence. Time is of the essence in the performance of this Contract.

3.18.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee

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

3.18.10 Laws, Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.

3.18.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.18.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.18.13 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

23152.04000\42402756.1
24 3.18.14 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to rescind this Contract without liability. For the term of this Contract, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.18.15 Certification of License.

3.18.15.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.18.15.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.18.16 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.18.17 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.18.18 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.

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

3.18.20 Federal Provisions. When funding for the Work is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the provisions included in Exhibit “G” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Contract and/or the provisions of state law, the more stringent requirement shall control.
[Signatures on Next Page]

23152.04000\42402756.1
25 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE CITY OF COLTON
AND HARDY & HARPER, INC.

IN WITNESS WHEREOF, the Parties have entered into this Contract as of the 5 th day of
August 2025.

CITY OF COLTON HARDY & HARPER, INC.

CORPORATION
By: ____________________________ By: _________________________ Bill Smith Dan T. Maas
City Manager President
Attest:
____
Isaac T. Suchil
City Clerk
_______________________________
Contractor’s License Number/Classification
_______________________________
DIR Registration Number
Approved as to Form:
______________________________
Best Best & Krieger LLP
City Attorney

23152.04000\42402756.1
Exhibit A-1
EXHIBIT “A”

SERVICES / SCHEDULE

23152.04000\42402756.1
Exhibit B-1
EXHIBIT “B”

PLANS AND SPECIFICATIONS

“ “ ” ” CITY OF COLTON “ ” “ ” ” “ TRAFFIC
7 TITLE SHEET 1 5/22/25

TRAFFIC

DETAIL SHEET
2 7 5/22/25

3 SAN BERNARDINO AVENUE

INDIGO AVE

TRAFFIC
7 IMPROVEMENT PLAN -

SAN BERNARDINO AVE & INDIGO AVE

SAN BERNARDINO AVENUE

IRON HORSE DR
1120

NW'LY NE'LY
1090
NW'LY
1090
NW'LY
5/22/25

X X X X X X X X X X
X

SAN BERNARDINO AVENUE

CHRISTOBAL LN
13+00 14+00 15+00 16+00

TRAFFIC
7 IMPROVEMENT PLAN -
SAN BERNARDINO AVE & CHRISTOBAL LN 4
1120'

NW'LY NE'LY
1125
1125 S'LY
5/22/25

X X X

TRAFFIC
7 IMPROVEMENT PLAN - SAN BERNARDINO AVE

BETWEEN EUCALYPTUS AVE & AGUA CALIENTE AVE
24+00 25+00 26+00 27+00

SAN BERNARDINO AVENUE

EUCALYPTUS AVE AGUA CALIENTE AVENUE
23+00 28+00
5 NW'LY

NW'LY NE'LY
1095' N'LY 1095'
NW'LY
1090
1090 S'LY
5/22/25

X X X X X X TRAFFIC
7 SEE ABOVE RIGHT
MATCHLINE 20+60
MATCHLINE 20+60

SEE BELOW LEFT
MATCHLINE 33+00
SEE SHEET 7 SAN BERNARDINO AVENUE SAN BERNARDINO AVENUE INDIGO AVE CHRISTOBAL LN EUCALYPTUS AVE AGUA CALIENTE AVENUE IRON HORSE DR SIGNING AND STRIPING PLAN - SAN BERNARDINO AVE 6 5/22/25

TRAFFIC
7 SEE SHEET 6
MATCHLINE 33+00 SAN BERNARDINO AVENUE PEPPER AVE 40 SIGNING AND STRIPING PLAN - SAN BERNARDINO AVE 7 5/22/25

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

Also sometimes referred to as the “City’s Representative” or “Representative” in the Contract Documents.
h. Equal, Equivalent, Satisfactory, Directed, Designated, Selected, As Required and similar words shall mean the written approval, selection, satisfaction, direction, or similar action of the Engineer and/or City.
i. Indicated, Shown, Detailed, Noted, Scheduled or words of similar meaning shall mean that reference is made to the drawings, unless otherwise noted. It shall be understood that the direction, designation, selection, or similar import of the Engineer and/or City is intended, unless stated otherwise.
j. Install means the complete installation of any item, equipment or material. k. Material shall include machinery, equipment, manufactured articles, or construction such as form work, fasteners, etc., and any other classes of material to be furnished in connection with the Contract. All materials shall be new unless specified otherwise. l. Perform shall mean that the Contractor, at Contractor’s expense, shall take all actions necessary to complete The Work, including furnishing of necessary labor, tools, and equipment, and providing and installing Materials that are indicated, specified, or required to complete such performance.
m. Project is The Work planned by City as provided in the Contract Documents.

GENERAL CONDITIONS
39 n. Provide shall include provide complete in place, that is furnish, install, test and make ready for use.
o. Recyclable Waste Materials shall mean materials removed from the Project site which are required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock. p. Specifications means that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the work. Except for Sections 1-9 of the Standard Specifications for Public Works Construction (“Greenbook”), 2021 Edition which are specifically excluded from incorporation into these Contract Documents, the Work shall be done in accordance with the Greenbook, including all current supplements, addenda, and revisions thereof. In the case of conflict between the Greenbook and the Contract Documents, the Contract Documents shall prevail.
q. The Work means the entire improvement planned by the City pursuant to the Contract Documents.
r. Work means labor, equipment and materials incorporated in, or to be incorporated in the construction covered by the Contract Documents.

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

1. Change Orders or Work Change Directives

2. Addenda

3. Special Provisions (or Special Conditions)

4. Technical Specifications

5. Plans (Contract Drawings)

6. Contract

7. General Conditions

8. Instructions to Bidders

9. Notice Inviting Bids

10. Contractor’s Bid Forms

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

12. Standard Plans

13. Reference Documents
With reference to the Drawings, the order of precedence shall be as follows:

GENERAL CONDITIONS
40 1. Figures govern over scaled dimensions

2. Detail drawings govern over general drawings

3. Addenda or Change Order drawings govern over Contract Drawings

4. Contract Drawings govern over Standard Drawings

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

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

Additional copies may be obtained at cost of reproduction.

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

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

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

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

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

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

The Contractor is fully responsible to determine and provide for any and all staffing and

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42 resources at levels which allow for good quality and timely completion of the Project.

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

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

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

The burden of proof as to the equality of any material, process or article shall rest with

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43 the Contractor. The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. d. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from the 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. e. The Contractor shall bear all of the City’s costs associated with the review of substitution requests.
f. The Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article.
g. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

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

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44 ARTICLE 9. SUBMITTALS
a. Contractor shall furnish to the Engineer for approval, prior to purchasing or commencing any Work, a log of all samples, material lists and certifications, mix designs, schedules, and other submittals, as required in the specifications. The log shall indicate whether samples will be provided in accordance with other provisions of this Contract. b. Contractor will provide samples and submittals, together with catalogs and supporting data required by the Engineer, to the Engineer within a reasonable time period to provide for adequate review and avoid delays in the Work.
c. These requirements shall not authorize any extension of time for performance of this Contract. Engineer will check and approve such samples, but only for conformance with design concept of work and for compliance with information given in the Contract Documents. Work shall be in accordance with approved samples and submittals.

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

ARTICLE 11. CONTRACTOR’S SUPERVISION
Contractor shall continuously keep at the Project site, a competent and experienced full-time Project superintendent approved by the City. Superintendent must be able to proficiently speak, read and write in English. Contractor shall continuously provide efficient supervision of the Project.

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

Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her.
b. Any person in the employ of the Contractor whom the City may deem incompetent or unfit shall be dismissed from The Work and shall not be employed on this Project except with the written Approval of the City.

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

ARTICLE 14. PERMITS AND LICENSES
Permits and licenses necessary for prosecution of The Work shall be secured and paid for by Contractor, unless otherwise specified in the Contract Documents. a. Contractor shall obtain and pay for all other permits and licenses required for The Work, including excavation permit and for plumbing, mechanical and electrical work and for operations in or over public streets or right of way under jurisdiction of public agencies other than the City.
b. The Contractor shall arrange and pay for all off-site inspection of the Work related to permits and licenses, including certification, required by the specifications, drawings, or by governing authorities, except for such off-site inspections delineated as the City's responsibility pursuant to the Contract Documents.
c. Before Acceptance of the Project, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the City.

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46 ARTICLE 15. UTILITY USAGE
a. All temporary utilities, including but not limited to electricity, water, gas, and telephone, used on the Work shall be furnished and paid for by Contractor. Contractor shall Provide necessary temporary distribution systems, including meters, if necessary, from distribution points to points on The Work where the utility is needed. Upon completion of The Work, Contractor shall remove all temporary distribution systems. b. Contractor shall provide necessary and adequate utilities and pay all costs for water, electricity, gas, oil, and sewer charges required for completion of the Project. c. All permanent meters Installed shall be listed in the Contractor’s name until Project Acceptance.
d. If the Contract is for construction in existing facilities, Contractor may, with prior written Approval of the City, use the City’s existing utilities by compensating the City for utilities used by Contractor.

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

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

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47 2) Subsurface or latent physical conditions at the site differing from those indicated. 3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

The City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of The Work, shall issue a change order under the procedures described in the Contract Documents.

In the event that a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of The Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract.

Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties.

ARTICLE 18. DIVERSION OF RECYCLABLE WASTE MATERIALS
In compliance with the applicable City’s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by City or other applicable agencies to document Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.

ARTICLE 19. REMOVAL OF HAZARDOUS MATERIALS
Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes and hazardous materials which have not been rendered harmless at the Project site, the Contractor shall immediately stop work at the affected Project site and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs and other toxic wastes and hazardous materials, if required by the Project site(s), and shall not require the Contractor to subcontract for such services. The Work in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor.

ARTICLE 20. SANITARY FACILITIES
Contractor shall provide sanitary temporary toilet buildings for the use of all workers. All toilets shall comply with local codes and ordinances. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by CAL-OSHA regulation. The toilets shall be maintained in a sanitary condition at all times. Use of toilet

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48 facilities in The Work under construction shall not be permitted. Any other Sanitary Facilities required by CAL-OSHA shall be the responsibility of the Contractor.

ARTICLE 21. AIR POLLUTION CONTROL
Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes.

All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements.

ARTICLE 22. COMPLIANCE WITH STATE STORM WATER PERMIT
a. Contractor shall be required to comply with all conditions of the State Water Resources Control Board (“State Water Board”) National Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction Activity (“Permit”) for all construction activity which results in the disturbance of in excess of one acre of total land area or which is part of a larger common area of development or sale. Contractor shall be responsible for filing the Notice of Intent and for obtaining the Permit. Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (“SWPPP”) prior to initiating Work. In bidding on this Contract, it shall be Contractor’s responsibility to evaluate the cost of procuring the Permit and preparing the SWPPP as well as complying with the SWPPP and any necessary revision to the SWPPP.

Contractor shall comply with all requirements of the State Water Resources Control Board. Contractor shall include all costs of compliance with specified requirements in the Contract amount.
b. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, monitoring and reporting requirements as required by the Permit. Contractor shall provide copies of all reports and monitoring information to the Engineer. c. Contractor shall comply with the lawful requirements of any applicable municipality, the City, drainage district, and other local agencies regarding discharges of storm water to separate storm drain system or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs. d. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom. e. Failure to comply with the Permit is in violation of federal and state law. Contractor hereby agrees to indemnify and hold harmless City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the Permit arising out of or in connection with the Project, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its

GENERAL CONDITIONS
49 officials, officers, agents, employees or authorized volunteers. City may seek damages from Contractor for delay in completing the Contract in accordance with the Contract Documents, caused by Contractor’s failure to comply with the Permit.

ARTICLE 23. CLEANING UP
a. Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment. Contractor shall not store debris under, in, or about the premises. Upon completion of Work, Contractor shall clean the interior and exterior of the building or improvement including fixtures, equipment, walls, floors, ceilings, roofs, window sills and ledges, horizontal projections, and any areas where debris has collected so surfaces are free from foreign material or discoloration. Contractor shall clean and polish all glass, plumbing fixtures, and finish hardware and similar finish surfaces and equipment and contractor shall also remove temporary fencing, barricades, planking and construction toilet and similar temporary facilities from site. Contractor shall also clean all buildings, asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor operations or equipment. b. Contractor shall fully clean up the site at the completion of The Work. If the Contractor fails to immediately clean up at the completion of The Work, the City may do so and the cost of such clean up shall be charged back to the Contractor.

ARTICLE 24. LAYOUT AND FIELD ENGINEERING
All field engineering required for laying out the Work and establishing grades for earthwork operations shall be furnished by the Contractor at its expense. Layout shall be done by a registered civil engineer approved by the Engineer. Any required “as-built” drawings of the Work shall be prepared by the registered civil engineer. Contractor shall notify the City for inspection after the striping layout is completed (dribble lines) and roadway construction stakes are set in the field. Contractor shall not proceed before the layout and stakes are approved by the City.

ARTICLE 25. EXCESSIVE NOISE
a. The Contractor shall use only such equipment on the work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by CAL-OSHA.
b. The Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.

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50 ARTICLE 26. TESTS AND INSPECTIONS
a. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority require any part of The Work to be tested or Approved, Contractor shall provide the Engineer at least two (2) working days notice of its readiness for observation or inspection. If inspection is by a public authority other than the City, Contractor shall promptly inform the City of the date fixed for such inspection. Required certificates of inspection (or similar) shall be secured by Contractor. Costs for City testing and City inspection shall be paid by the City. Costs of tests for Work found not to be in compliance shall be paid by the Contractor.
b. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor’s cost in compliance with the Contract Documents.
c. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by the City, and not by Contractor. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.
d. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify the City so that the City may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into The Work.
e. If the manufacture of materials to be inspected or tested will occur in a plant or location outside the geographic limits of City, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging. f. Reexamination of Work may be ordered by the City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, the City shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs.

ARTICLE 27. PROTECTION OF WORK AND PROPERTY
a. The Contractor shall be responsible for all damages to persons or property that occur as a result of The Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final Acceptance by the City. All Work shall be solely at the Contractor’s risk. Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed.

Contractor shall erect and properly maintain at all tim es, as required by field conditions

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51 and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction.
b. In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act to prevent such threatened loss or injury; and Contractor shall so act, without appeal, if so authorized or instructed by the Engineer or the City. Any compensation claimed by Contractor on account of emergency work shall be determined by and agreed upon by the City and the Contractor.
c. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions.
d. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by The Work operations.

Contractor shall:
1) Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public. 2) Provide substantial barricades around any shrubs or trees indicated to be preserved.
3) Deliver materials to the Project site over a route designated by the Engineer. 4) Provide any and all dust control required and follow the Applicable air quality regulations as appropriate. If the Contractor does not comply, the City shall have the immediate authority to provide dust control and deduct the cost from payments to the Contractor.
5) Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the Engineer. Contractor shall not unreasonably encumber the Project site with its materials.
6) Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by an approved civil engineer or land surveyor, at no cost to the City.
7) Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the City. 8) Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way.