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5. State Highway System (SHS) Facilities.
Categories of SHS facilities covered under this AGREEMENT may include but are not limited to the following which are specifically identified in Exhibit A:
• Vehicular overcrossings and bridges over STATE right of way : These overcrossings are roadways constructed over and situated within State ROW supported by the deck, superstructure, and substructure (“Vehicular Overcrossings and appurtenant structures”). • Non-vehicular pedestrian and bicycle overcrossings and bridges:
These overcrossings are pedestrian/bicycle path(s) and structures constructed over and within STATE ROW (“Non-Vehicular
Overcrossings”).
• Vehicular and Non-vehicular undercrossing(s): These undercrossings are roadway(s) or non-vehicular pathways crossing under STATE ROW and appurtenant structures situated within STATE ROW. • Walls- Sound walls, Retaining walls : These improvements include structural components of embankments and noise- reduction structures constructed within STATE ROW.
• Landscaped areas: These areas include hardscaping, planting, vegetation and related landscaping improvements situated within outside of STATE ROW.
Screening : This includes fencing installed on a bridge safety barrier to protect the safety of the traveling public.
6. Definitions of Facility Components.
A. Deck surface (wearing surface) – The surface of a bridge deck for vehicular, pedestrian, and bicycle traffic over the SHS (e.g.; roadway surface).
B. Deck – The structural component of a bridge that supports and is below the deck surface (wearing surfaces) and above the superstructure.
C. Superstructure – Structural portions of a bridge supported by bridge columns/piers which are located below the deck.
D. Substructure – Structural components of a bridge that support the superstructure and distribute the load to bridge footings and foundations.
E. Bridge rails and posts – Portions of a bridge attached to the bridge deck and deck surface on overcrossings.
F. Structural/Roadway Drainage Facilities – Any facility provides drainage to any location, including but not limited to, culverts, wing walls, drains, drain inlets, gutters, curbs, and inlet grates.
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G. Lighting – Electrical lamps and light posts installed within State right of way that facilitate safe passage of traveling public.
H. Signage - Signs that provide any traffic related guidance.
OPERATIVE PROVISIONS
1. Prior Freeway Maintenance Agreements. This AGREEMENT supersedes the PARTIES’ prior Freeway Maintenance Agreement(s) dat ed December 23, 1986.
2. Maintenance Standards. PARTIES shall perform all maintenance in compliance with the standards set forth in Streets and Highways Code section 27, and in accordance with California laws, regulations and STATE standards, including STATE’S Maintenance Manual, Co de of Safe Operating Practices, policies, procedures and speci fications in effect and as amended. “Maintain” or “maintenance” under this AGREEMENT includes routine inspections of all structures and facilitie s, repairs, cleaning, replacements, and improvements, if necessary.
3. Control of Streets/Roads. STATE is not responsible for maintaining, repairing, improving or replacing any property or improvements that do not constitute part of the State Highway System (SHS). STATE agrees to continue control those portions adopted as a part of I-10 Freeway proper as shown in Exhibit A which is attached to and made a part of this AGREEMENT. PARTIES agree to their respective maintenance responsibility towards SHS facilities as specified in this AGREEMENT.
4. REVISING EXHIBITS. When another planned future improvement has been constructed and/or a minor revision has been affected within the limits of the freeway herein described. PARTIES can revise this maintenance agreement by mutually amending, replacing, or providing addit ional pages of the Exhibits that must be signed by authorized represen tatives of PARTIES. No formal amendment to the body of the Agreement will be necessary. The revised Exhibit will thereafter supersede the previous Exhibit and become part of this Agreement .
5. Amendment to Agreement . Except as provided in the preceding section concerning Exhibit amendments, the terms of this AG REEMENT can be changed only by a formal written amendment executed by all PARTIES.
6. Successors. This AGREEMENT shall be binding upon and inure to the benefit of each of the PARTIES and their respective successors -in-interest including, any subsequently incorporated city or other municipalit y established within the LOCAL AGENCY’s jurisdictional limits. If the succes sor city or municipality fails to accept the obligations of the LOCAL AGENY by ent ering into a new
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SBD-10-PM 20.2/20.8 – R21.9/24.7
agreement with STATE, LOCAL AGENCY shall continue t o be contractually bound by the terms of this AGREEMENT.
7. Encroachment Permits. Before LOCAL AGENCY may enter STATE ROW to install any encroachment or perform any maintenance or work in the areas covered by this AGREEMENT, LOCAL AGENCY must first apply for and obtain an encroachment permit(s) from the STATE’s District 08 Encroachment Permit Office as per STATE’s Encroachment Policy. LOCAL AG ENCY must apply for and obtain additional encroachment permits, if nece ssary, to enter or perform any work within STATE ROW not covered by th is AGREEMENT. An encroachment permit issued by the STATE will be at no cost to LOCAL AGENCY.
8. Overcrossings (Vehicular and Non-vehicular). STATE and LOCAL AGENCY shall maintain Overcrossings respectively as follows:
A. STATE shall inspect and maintain at STATE’s expe nse, the structural components of the Overcrossing(s) which include the deck, superstructure, and substructure.
B. LOCAL AGENCY shall perform all maintenance, insp ections, repair, replace or complete other improvements necessary to maintain the safety of the following components of the Overcrossing:
1. Deck and road/street surface(s) installed on the deck;
2. Structural Drainage facilities;
3. All portions of the overcrossing structure situa ted on and above the bridge deck, including but not limited to light ing, traffic controls, traffic lights, sidewalks, signs, bike pa ths, pavement overlays, bridge rails and posts, pavement markings , striping, and improvements for compliance with the Americans with Disabilities Act (ADA); and
4. Other improvements that may be constructed above or on the bridge deck with STATE’s prior written approval.
5. Individual Infrastructure Items. City agrees to maintain individual infrastructure items as provided in Exhibit C attached and made part of this Agreement by reference, as long as it is not in conflict with terms of this Agreement. In case of conflict, the terms of this Agreement shall prevail.
C. Graffiti Removal. LOCAL AGENCY, at LOCAL AGENCY’ s expense, shall remove all graffiti and legally remove and di spose of all debris and trash from the facilities described in this Section. Any graffiti that resembles or on a mural, artwork, paintings, or other similar elements may not be removed without first consulting and obtaining approval from the STATE’s District 08Transportation Art Coordinator.
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D. Unsheltered Encampments. STATE/ LOCAL AGENCY sh all remove Persons Experiencing Homelessness (PEH) and any str uctures, personal property, debris, and/or other items relat ed to the encampment from the overcrossing, subject to STATE’s Encampment Removal policy, MPD 1001 R1 and applicable State and Federal Law applicable State and Federal law.
Nothing in this Agreement grants or waives the righ t of California Highway Patrol (CHP) and other law enforcement agen cies having jurisdiction over the Overcrossings.
E. Screening. LOCAL AGENCY is not responsible for mai ntaining screening that STATE installs on STATE freeway overcrossings pursuant to Streets and Highways Code section 92.6.
10. Undercrossings (Vehicular and Non-Vehicular). STATE and LOCAL AGENCY shall maintain Undercrossing(s) respectively as follows:
A. STATE shall inspect and maintain, at STATE’s expens e, the structural components of the Undercrossing(s) including deck, deck surfaces, superstructure, substructure, structural drainage f acilities and undercrossing facilities and improvements.
B. LOCAL AGENCY, at LOCAL AGENCY’s expense, shall insp ect, maintain, repair, replace, or complete other improv ements necessary to maintain the safety of the facilities noted below:
1. LOCAL AGENCY’s improved and unimproved roadway
sections, including but not limited to road surface s, shoulders, curbs, sidewalks, gutters and wall surfaces;
2. Roadway drainage facilities;
3. All portions above the LOCAL AGENCY’s improved and
unimproved roadway facilities, including but not li mited to lighting, traffic controls, traffic lights, sidewal ks, signs, bike paths, pavement markings, bridge rails and posts, striping, and improvements for compliance with the ADA; and
4. Other improvements that may be constructed on the
improved or unimproved roadway section(s) with STATE’s prior written approval.
C. Graffiti Removal. LOCAL AGENCY, at LOCAL AGENCY’s sole cost and expense, shall remove all graffiti described in thi s section. LOCAL AGENCY is solely responsible for ensuring that any graffiti that in any
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way resembles a mural, artwork, paintings, or other similar elements shall not be removed without the written authorizat ion of STATE.
Graffiti removal must protect air and water quality as required by law.
LOCAL AGENCY shall conform to the terms stated in S TATE’s Maintenance Manual, Volume 1, Family D Chapter, D1.06.
D. Unsheltered Encampments. STATE/ LOCAL AGENCY shall remove Persons Experiencing Homelessness (PEH) and any str uctures, personal property, debris, and/or other items relat ed to the encampment from the undercrossing, subject to STATE ’s
Encampment Removal policy, MPD 1001 R1 and applicab le State and Federal law.
Nothing in this Agreement grants or waives the right of California Highway Patrol (CHP) and other law enforcement agencies having jurisdiction over the Undercrossings.
11. Walls, Columns. Retaining wall and Soundwalls. LOCAL AGENCY shall remove debris, trash, and graffiti and clean and paint any walls, soundwalls and similar structures on the sides facing LOCAL AG ENCY’s streets/roadways. Any graffiti on a mural, artwork, paintings, or other similar elements may not be removed without prior consultat ion with and approval from the STATE’s District 08 Transportation Art Coordinator.
12. Bicycle, Pedestrian Paths, Lanes and trails (TRAIL )
A. LOCAL AGENCY is solely responsible for, and will maintain, TRAIL and all its related facilities including, but not limited to: paving, supportive structural components, aggregate base shoulder, ret aining walls, bridges (of any sort), all railings, bollards, stor m water control measures, all fences, guard railing, drainage facilities, and slope and structural adequacy of bicycle/pedestrian TRAIL and any plantings or other types of roadside development installed as part of TRAIL located and constructed within LOCAL AGENCY jurisdiction in STATE's right of way.
B. In addition, LOCAL AGENCY will provide a safe facility for bicycle and pedestrian travel along the entire length of the TR AIL by providing sweeping and debris removal when necessary. LOCAL A GENCY will maintain all signing and striping, electrical facil ities (solar or otherwise), and pavement markings required for the direction and operation of that non-motorized facility.
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C. Failure by LOCAL AGENCY to maintain TRAIL as per th e terms of this Agreement will amount to a breach of the terms of t he
Encroachment Permit and this Agreement and subject to the remedies stated in the Encroachment Permit.
D. LOCAL AGENCY, at LOCAL AGENCY’s expense, shall remo ve all graffiti and remove and legally dispose of all debr is and trash from TRAIL. Any graffiti that resembles or on a mural, artwork, paintings, or other similar elements may not be removed without prior consultation with and approval from the STATE’s District 08 Tran sportation Art Coordinator.
E. LOCAL AGENCY shall perform routine structural and m aintenance inspections and repair, replace or complete other i mprovements necessary to ensure the TRAIL retain its integrity for the safety of the public using this/these structure(s) and travelers using State right of way.
13. LANDSCAPED AREAS – LOCAL AGENCY is responsible for the maintenance of any plantings or other types of roadside improve ments installed and owned by LOCAL AGENCY as permitted encroachments ly ing inside and outside of freeway right-of-way in Exhibit A. LOCAL AGENCY shall restrict walk-on access to the freeway.
14. STREET LIGHTINGS – LOCAL AGENCY is responsible to maintain all streetlights installed and owned by LOCAL AGENCY as permitted en croachments within the State’s right of way including, but not limited to, ground mounted poles, conduits, and pull boxes. Responsibility of payment for electricity costs of the streetlights shown on Exhibit A shall lie with LOCAL AGENCY.
15. Weed Abatement . LOCAL AGENCY shall engage in weed abatement operations. LOCAL AGENCY shall control weeds at a l evel acceptable to STATE. Any weed control performed by chemical weed sprays (herbicides)shall comply with all laws, rules, and regulations established by California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (form LA17) to STATE via the STATE’s Landscape Specialist, Maintenance Support, Caltrans District Office (464 W. 4
th St. MS 1206 San Bernardino, CA 92401).
16. Legal Relations and Responsibilities.
A. No Third-Party Beneficiaries.
This AGREEMENT is not intended to create duties, obligations, or rights of third parties beyond the PARTIES to this AGREEME NT. Nor does this AGREEMENT affect a PARTY’s legal liability by imposing any standard
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of care for the operation and maintenance of STATE highways and LOCAL AGENCY facilities different from the standard of care imposed by law.
B. Indemnification.
Neither LOCAL AGENCY nor any of its officers or emp loyees is responsible for any injury, damage or liability occ urring by reason of anything done or omitted to be done by STATE in con nection with any work, authority or jurisdiction conferred upon STATE pursuant to this AGREEMENT. To the fullest extent permitted by law, STATE, shall fully defend, indemnify, and save harmless LOCAL AG ENCY and its officers and employees from all claims, suits or ac tions of every kind occurring by reason of anything done or omitted to be done by STATE, its contractors, sub-contractors, and/or its agents pursuant to this AGREEMENT.
Neither STATE nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY in connection with any work, authority or jurisdiction conferred upon LOCAL AGEN CY pursuant to this AGREEMENT. To the fullest extent permitted by law, LOCAL AGENCY, shall fully defend, indemnify, and save harmless STATE and its officers and employees from all claims, suits or actions of every kind occurring by reason of anything done or omitted to be done by LOCAL AGENCY, its contractors, sub-contractors, and /or its agents pursuant to this AGREEMENT.
C. Prevailing Wages and Labor Code Compliance. LOCAL A GENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 18 15 and implementing regulations for any public works or ma intenance contracts and subcontracts executed for the LOCAL AGENCY’s work under this AGREEMENT.
Self-Insured. LOCAL AGENCY is self-insured. LOCAL AGENCY shall deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury and property d amage liability, in an amount of $1 million per occurrence, $2 mill ion in aggregate, and $5 million in excess, as may be amended as the minimum liability coverage limits codified in the State’s Standard Sp ecifications, by delivering a Letter Certifying Self-Insurance. The Letter of Self- Insurance must be substantially in the form of Exhi bit B , and identify the AGREEMENT number, and location as depicted in E xhibit A.
LOCAL AGENCY shall provide the original Letter Cert ifying Self-
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Insurance as a condition to STATE’s execution of th is AGREEMENT. A copy of the original letter shall be attached to th is AGREEMENT as Exhibit B.
Self-Insured using Contractor. If the work performed under this AGREEMENT is done by LOCAL AGENCY ‘s contractor(s), LOCAL AGENCY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liabili ty insurance, including coverage of bodily injury and property d amage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence, $2 million in aggregate, and $5 million in excess, as may be amen ded as the minimum liability coverage limits codified in the S tate’s Standard Specifications. LOCAL AGENCY will provide a certificate of insurance evidencing this insurance in a form satisfactory to STATE as a condition to STATE’s execution of this AGREEMENT.
17. D
EFAULT . If a PARTY fails to perform obligations assumed und er this agreement, the non-defaulting PARTY may by written notice request that the default be remedied within thirty (30) calendar days. if the defaulting PARTY fails or refuses to do so, the non-defaulting PARTY may complete the obligations and seek reimbursement from the default ing PARTY who shall pay the invoice within thirty (30) calendar days. If there is an immediate threat to maintain the structural integrity of, or prevent imminent danger of destruction to, the features shown on Exhibit A, ei ther PARTY may perform necessary maintenance or remedial measures to maint ain the structural integrity and/or prevent destruction of the features without notice or delay.
18. COST. Any PARTY who is assigned obligation under this AG REEMENT shall complete them at their own costs, unless expressly stated otherwise in this AGREEMENT.
19. Termination.
This Agreement may be terminated by the mutual writ ten consent of each PARTY.
20. Effective Date. This AGREEMENT shall become effective on the last of the dates each PARTY’s authorized representative has ex ecuted this AGREEMENT.
21. Authority. Each individual executing this AGREEMENT on behal f of each PARTY represents and warrants that he/she is duly a uthorized to execute this AGREEMENT. LOCAL AGENCY represents and certifi es that it has,
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08-25-OI01
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through its regular political process, authorized the execution of this A
GREEMENT by appropriate resolution, delegation, or plenary authority, as required. A true and correct copy of the local resolution or ordinance has been provided to the STATE.
22. Electronic Signatures. Electronic signatures of the PARTIES, whether digital or encrypted, are intended to authenticate this written AGREEMENT and shall have the same force and effect as manual signatures for this AGREEMENT.
TH
E CITY OF COLTON STATE OF CALIFORNIA
DE
PARTMENT OF TRANSPORTATION
Da
te: Date:
WILLIAM R. SMITH
City Manager
JOE SOLIS
Deputy District Director
Maintenance District 08
APPROVED:
Date:
CARLOS L. CAMPOS
City Attorney
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EXHIBIT A
Plan map identifying the applicable I-10 (Freeway proper) and CITY road(s) and facilities.
8 SBD 10 1 6 EXHIBIT A-1
NO SCALE
DIST COUNTY ROUTE POST MILE
SHEET
NO
TOTAL
SHEETS
20.2/20.8
R21.9/24.7
PM 20.2 - 20.8
8 SBD 10 R21.9 2 6 EXHIBIT A-2
NO SCALE
DIST COUNTY ROUTE POST MILE
SHEET
NO
TOTAL
SHEETS
8 SBD 10 R22.6 3 6 EXHIBIT A-3
NO SCALE
DIST COUNTY ROUTE POST MILE
SHEET
NO
TOTAL
SHEETS
8 SBD 10 R22.7 4 6 EXHIBIT A-4
NO SCALE
DIST COUNTY ROUTE POST MILE
SHEET
NO
TOTAL
SHEETS
8 SBD 10 R23.3 5 6 EXHIBIT A-5
NO SCALE
EXHIBIT A-5
NO SCALE
DIST COUNTY ROUTE POST MILE
SHEET
NO
TOTAL
SHEETS
8 SBD 10 R24.7 6 6 EXHIBIT A-6
NO SCALE
DIST COUNTY ROUTE POST MILE
SHEET
NO
TOTAL
SHEETS
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EXHIBIT B
Letter certifying City’s self-insured status
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EXHIBIT C
Individual Infrastructure Items
TO BE MAINTAINED BY CITY
Exhibit C Includes:
EXHIBIT C-1
AESTHETIC LIGHTING OVERVIEW
EXHIBIT C-2 FOUNDATION FOR CONCRETE LIGHT POLE
EXHIBIT C-3 CONCRETE LIGHT POLE – BELL BOTTOM
EXHIBIT C-4 AESTHETIC VIEW
EXHIBIT C-5 ARCHITECTURAL DETAILS NO. 1
EXHIBIT C-6 AESTHETIC DETAILS NO. 1
EXHIBIT C-7 AESTHETIC DETAILS NO. 2
EXHIBIT C-8 AESTHETIC DETAILS NO. 3
EXHIBIT C-9 AESTHETIC DETAILS NO. 4
DistCOUNTYROUTESHEETNo.TOTALSHEETS
8 SBD 10 1 9 EXHIBIT C-1
NO SCALE
POST MILE
R23.3
DistCOUNTYROUTESHEETNo.TOTALSHEETS
8 SBD 10 2 9
EXHIBIT C-2
NO SCALE
POST MILE
R23.3
DistCOUNTYROUTESHEETNo.TOTALSHEETS
8 SBD 10 3 9
EXHIBIT C-3
NO SCALE
POST MILE
R23.3
DistCOUNTYROUTESHEETNo.TOTALSHEETS
8 SBD 10 4 9
EXHIBIT C-4
NO SCALE
POST MILE
R23.3
DistCOUNTYROUTESHEETNo.TOTALSHEETS
8 SBD 10 5 9 EXHIBIT C-5
NO SCALE
ALL DETAILS TO BE MAINTAINED BY CITY
MT VERNON AVENUE OVERCROSSING
COMMUNITY IDENTIFICATION AESTHETIC OVERVIEW
ARCHITECTURAL DETAILS NO. 1
Post Anchorage
Chain Link Railing
Type 7 (Mod)
Art Panel(s)
LEGEND
POST MILE
R23.3
DistCOUNTYROUTESHEETNo.TOTALSHEETS
8 SBD 10 6 9
EXHIBIT C-6
NO SCALE
STAT
E
O
F
C
A
L
IF
O
R
IA
N
REENIGNE
L
A
N
O
S
S
I
E
F
O
R
P
ED
RETSIGERNo.
Exp.
CIVIL
0123
SHEETOF
C. DOOLAN
C. DOOLANR. BARTON
R. BARTON
R. BARTON
DATE PLOTTED =>21-NOV-2024
FILE =>0816000102we054.dgn
TIME PLOTTED =>18:04
kyle.gard USERNAME =>
BRIDGE No.
POST MILE
CONTRACT No.:
EARLIER REVISION DATES
DISREGARD PRINTS BEARING
REVISION DATES
PROJECT NUMBER & PHASE:
UNIT:
REDUCED PLANS
IN INCHES FOR
ORIGINAL SCALE
CHECKED
CHECKED
CHECKED
DESIGN
BY
BY
BY
QUANTITIES
DETAILS
COUNTYROUTETOTAL PROJECT
POST MILES
No.
SHEET
SHEETS
TOTAL
REGISTERED CIVIL ENGINEERDATE
PLANS APPROVAL DATE
SBD
MM/DD/YYYY
COMPLETENESS OF SCANNED COPIES OF THIS PLAN SHEET.
SHALL NOT BE RESPONSIBLE FOR THE ACCURACY OR
THE STATE OF CALIFORNIA OR ITS OFFICERS OR AGENTS
Dist
DESIGN OVERSIGHT
SIGN OFF DATE
X
X
(ENGLISH) (REVISION 4/19/2018)
DESIGN DETAIL SHEET
PREPARED FOR THE
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
PROJECT ENGINEER
MT. VERNON OC (REPLACE)C. DOOLAN
M. KRZYZEWSKI & P. HORTON
810
SAN BERNARDINO, CA
1170 W 3RD ST
TRANSPORTATION AUTHORITY
SAN BERNARDINO COUNTY
SAN DIEGO, CA 92101
401 B STREET, SUITE 600
ASSOCIATES, INC.
KIMLEY-HORN AND
70 CONNER DOOLAN
88652
3/31/2024
08-1G8004 0816000102112-09-22
12/14/22
54 1368
R23.25
2232
R22.7-R24.3
54 AESTHETIC DETAILS No. 1
A
A
C
C
EB
"MV"STA 68+47.08
SMOOTH FINISH
"MV" 67+72.02
TOP OF OVERHANG
"MV"STA 66+96.96
BB
9"
RW54E0083
1/8" = 1'-0"
9"LIMITS OF CHAIN LINK RAILING TYPE 7 (Mod) - NORTH PORTION
SOUTH PORTION
LIMITS OF CHAIN LINK RAILING TYPE 7 (Mod)
C
C B
B
3/8" = 1'-0"
CHAIN LINK RAILING TYPE 7 (MOD) ELEVATION
9"
EB/BB
9"
ANGLED POSTS
NOTE: NORTH PORTION SHOWN, SOUTH PORTION SIMILAR
DETAILS" SHEETS
SEE "CONSTRUCTION
(TYPE CL-6)
CHAIN LINK FENCE
1'-0"
ANGLE AS POST
POST POCKET, SAME BARRIER
TOP OF Conc
Typ BETWEEN
4'-0" Min - 6'-0" Max
B
B
SLAB
APPROACH
END OF
PARAPET
TOP OF Conc
LIMITS OF PAYMENT FOR Conc BARRIER TYPE 842 (Mod) - MEASURED ALONG EOD SOFFIT
NORTH PORTION
LIMITS OF SECTION C-C
NORTH PORTION
LIMITS OF SECTION B-B
SOUTH PORTION
LIMITS OF SECTION B-B
SOUTH PORTION
SECTION C-C
LIMITS OF
20'-6"
37'-6 3/4"
17'-0"
37'-6 3/4"
SLAB
END OF APPROACH
(HSS 3x2x3/16)
POST, TYP
6'-0" Max
4'-0" Min
17'-0"
20'-6"
(HSS 3x2x3/16)
Tot 5
(HSS 2½x2x1/8),
"AESTHETIC DETAILS No.4 SHEET"
FOR PART ELEVATION SEE
1'-0"
Exp Jt
SPLICE OR
Standard Plans sheet B11-52.
For CHAIN LINK RAILING TYPE 7 details not shown, see Caltrans 6. grade B.
chemical property requirements of ASTM specification A500, HSS posts shall be produced in accordance with mechanical and 5.
For SECTION C-C, see "AESTHETIC DETAILS No. 3" sheet.4.
For SECTION A-A and B-B, see "AESTHETIC DETAILS No. 2" sheet.3. permitteed by the Engineer.
Font of recessed letters must be "Times New Roman" or as 2. to facilitate formliner removal.
Slope perpendicular surface of recessed letters 10 degrees max 1.
NOTE:
LIMITS OF SECTION A-A
LEFT DEVELOPED ELEVATION - LOOKING WEST
SIGNAL AND LIGHTING PEDESTAL
3'-9"
3'-9"
3 10
POST MILE
R23.3
DistCOUNTYROUTESHEETNo.TOTALSHEETS
8 SBD 10 7 9
EXHIBIT C-7
NO SCALE
STAT
E
O
F
C
A
L
IF
O
R
IA
N
REENIGNE
L
A
N
O
S
S
I
E
F
O
R
P
ED
RETSIGERNo.
Exp.
CIVIL
0123
SHEETOF
C. DOOLAN
C. DOOLANR. BARTON
R. BARTON
R. BARTON
DATE PLOTTED =>21-NOV-2024
FILE =>0816000102we055.dgn
TIME PLOTTED =>18:04
kyle.gard USERNAME =>
BRIDGE No.
POST MILE
CONTRACT No.:
EARLIER REVISION DATES
DISREGARD PRINTS BEARING
REVISION DATES
PROJECT NUMBER & PHASE:
UNIT:
REDUCED PLANS
IN INCHES FOR
ORIGINAL SCALE
CHECKED
CHECKED
CHECKED
DESIGN
BY
BY
BY
QUANTITIES
DETAILS
COUNTYROUTETOTAL PROJECT
POST MILES
No.
SHEET
SHEETS
TOTAL
REGISTERED CIVIL ENGINEERDATE
PLANS APPROVAL DATE
SBD
MM/DD/YYYY
COMPLETENESS OF SCANNED COPIES OF THIS PLAN SHEET.
SHALL NOT BE RESPONSIBLE FOR THE ACCURACY OR
THE STATE OF CALIFORNIA OR ITS OFFICERS OR AGENTS
Dist
DESIGN OVERSIGHT
SIGN OFF DATE
X
X
(ENGLISH) (REVISION 4/19/2018)
DESIGN DETAIL SHEET
PREPARED FOR THE
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
PROJECT ENGINEER
MT. VERNON OC (REPLACE)C. DOOLAN
M. KRZYZEWSKI & P. HORTON
810
SAN BERNARDINO, CA
1170 W 3RD ST
TRANSPORTATION AUTHORITY
SAN BERNARDINO COUNTY
SAN DIEGO, CA 92101
401 B STREET, SUITE 600
ASSOCIATES, INC.
KIMLEY-HORN AND
70 CONNER DOOLAN
88652
3/31/2024
08-1G8004 0816000102112-09-22
12/14/22
54 1368
R23.25
2232
R22.7-R24.3
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AESTHETIC DETAILS No. 2
B11-82
2'-6"
3'-9"
6" Min
Var,
2-#5 @ 16"
Conc PARAPET
2-#5 ALONG TOP OF
ART PANEL
2-#6 @ 16"
7 1/4"
OPTIONAL Const Jt
Typ Reinf
#4
#4 @ 16"
EOD SOFFIT
1" 8"
2-#4 x 2'-6"
5"
Ø
POCKET
x 9" POST 5"
OR
4" x 5" x 9"
#4 TOTAL 2
FILL WITH MORTAR
= C PARAPET
C POST POCKETL
L
5 3/4"5 3/4"
POST ANCHORAGE DETAIL 1
NOTE: POST POCKET ORIENTATION SAME ANGLE AS POST.
1" = 1'-0"
For art panel details, see "AESTHETIC DETAILS No. 4" sheet.3. "TYPICAL SECTION No. 2" sheets.
For deck reinforcement not shown, see "TYPICAL SECTION No. 1" and 2. sheet.
For location of SECTIONS "A-A" and "B-B", see "AESTHETIC DETAILS No. 1" 1.
NOTE:
B11-80
Typ Reinf
3'-0"
1'-9"
5 3/4"1'-2"1 1/4"
1'-0 1/2"
EOD SOFFIT
#4 @ 16"
#5, Tot 4
1'-9 1/2"1'-9 1/2" FUTURE UTILITY
2" Dia CONDUIT FOR
¾" = 1'-0"
SECTION A-A
¾" = 1'-0"
SECTION B-B
EOD SOFFIT
PARAPET =
FACE OF Conc
PARAPET
TOP OF Conc
2-#5 ALONG
2-#5 @ 16"
11 1/2"
1'-9"
1'-1 3/4"
7 1/4"
Const JT
OPTIONAL
2'-6"
3'-9"
#4 @ 16"
#5, Tot 4
DEEP HOLE
AND BOND DOWEL IN 5"
#5 @ 24" DRILL
1 3
DEEP HOLE
AND BOND DOWEL IN 5"
#5 @ 24" DRILL
1 3
2'-3"
2'-3"
SEE SECTION A-A
FOR Reinf NOT SHOWN,
5" Clr
EOD SOFFIT
FUTURE UTILITY
2" Dia CONDUIT FOR
B11-82 Typ Reinf
#5 @ 16"
1'-1"
Clr
2"
DETAIL 1"
SEE "POST ANCHORAGE
#5 @ 16"
1'-1"
2" Clr
#5 @ 16"
1'-1"
?" Dia CABLE
Dia HOLE FOR?"
Clr
2 1/4"
2'-3"
2'-3"
#5, Tot 5
LETTER
1 1/2" RECESSED
2 1/4"
3" Min
3"
3" Min
3"
1/2" RECESS
55 842 (Mod)
Conc BARRIER TYPE
842 (Mod)
Conc BARRIER TYPE
836 (Mod)
Conc BARRIER TYPE
#5 @ 16"
#5, TOT 5
DEEP HOLE
AND BOND DOWEL IN 5"
#5 @ 48" DRILL
#5 @ 16"
#5, TOT 5
DEEP HOLE
AND BOND DOWEL IN 5"
#5 @ 48" DRILL
Var
Var, 8'-0" Max
6'-2"
4"
4"
COLTON Elect
2" Dia CONDUIT FOR CITY OF
UTILITY
2" Dia CONDUIT FOR FUTURE
CITY OF COLTON Elect
2" Dia CONDUIT FOR
COLTON Elect
FOR CITY OF
2" Dia CONDUIT
CITY OF COLTON Elect
UTILITY, 1-4" Dia CONDUIT FOR
3-4" Dia CONDUIT FOR FUTURE
CITY OF COLTON Elect
UTILITY, 1-4" Dia CONDUIT FOR
3-4" Dia CONDUIT FOR FUTURE
8"
8"
4 10
POST MILE
R23.3
DistCOUNTYROUTESHEETNo.TOTALSHEETS
8 SBD 10 8 9
EXHIBIT C-8
NO SCALE
STAT
E
O
F
C
A
L
IF
O
R
IA
N
REENIGNE
L
A
N
O
S
S
I
E
F
O
R
P
ED
RETSIGERNo.
Exp.
CIVIL
0123
SHEETOF
C. DOOLAN
C. DOOLANR. BARTON
R. BARTON
R. BARTON
DATE PLOTTED =>21-NOV-2024
FILE =>0816000102we056.dgn
TIME PLOTTED =>18:04
kyle.gard USERNAME =>
BRIDGE No.
POST MILE
CONTRACT No.:
EARLIER REVISION DATES
DISREGARD PRINTS BEARING
REVISION DATES
PROJECT NUMBER & PHASE:
UNIT:
REDUCED PLANS
IN INCHES FOR
ORIGINAL SCALE
CHECKED
CHECKED
CHECKED
DESIGN
BY
BY
BY
QUANTITIES
DETAILS
COUNTYROUTETOTAL PROJECT
POST MILES
No.
SHEET
SHEETS
TOTAL
REGISTERED CIVIL ENGINEERDATE
PLANS APPROVAL DATE
SBD
MM/DD/YYYY
COMPLETENESS OF SCANNED COPIES OF THIS PLAN SHEET.
SHALL NOT BE RESPONSIBLE FOR THE ACCURACY OR
THE STATE OF CALIFORNIA OR ITS OFFICERS OR AGENTS
Dist
DESIGN OVERSIGHT
SIGN OFF DATE
X
X
(ENGLISH) (REVISION 4/19/2018)
DESIGN DETAIL SHEET
PREPARED FOR THE
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
PROJECT ENGINEER
MT. VERNON OC (REPLACE)C. DOOLAN
M. KRZYZEWSKI & P. HORTON
810
SAN BERNARDINO, CA
1170 W 3RD ST
TRANSPORTATION AUTHORITY
SAN BERNARDINO COUNTY
SAN DIEGO, CA 92101
401 B STREET, SUITE 600
ASSOCIATES, INC.
KIMLEY-HORN AND
70 CONNER DOOLAN
88652
3/31/2024
08-1G8004 0816000102112-09-22
12/14/22
54 1368
R23.25
2232
R22.7-R24.3
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2" Clr Typ
AESTHETIC DETAILS No. 3
¾" = 1'-0"
SECTION C-C
¾" = 1'-0"
SEE SECTION A-A
FOR Reinf NOT SHOWN,
POST ANCHORAGE DETAIL 2
7"6ƒ"
= C PARAPET
C POST POCKETL
L
FILL WITH MORTAR
Ø CABLE?"
Ø HOLE FOR?"
#4 TOTAL 2
5"
1" 8"
Ø
POCKET
x 9" POST 5"
OR
4" x 5" x 9"
1" = 1'-0"
"TYPICAL SECTION No. 2" sheets.
For deck reinforcement not shown, see "TYPICAL SECTION No. 1" and 2.
For location of SECTIONS "C-C", see "AESTHETIC DETAILS No. 1" sheet.1.
NOTE:
NOTE: For reinforcing not specified, see SECTION B-B.
2'-3"
2'-3"
3'-9"
11 1/2"
1'-9"
1'-1 3/4"
7 1/4"
EOD SOFFIT
DETAIL 2"
ANCHORAGE
SEE "POST
SEE SECTION B-B
FOR Reinf NOT SHOWN,
#5 Tot 2
1 1
#6 Tot 4
1'-3" #5 Tot 4
#5 Tot 4
Min
3'-0"
1'-6"
D D
BRIDGE LIGHTING PEDESTAL DETAILS
SECTION D-D
BARRIER TYPE 836 (Mod)
PEDESTAL ELEVATION - CONCRETE
BARRIER TYPE 842 (Mod)
PEDESTAL ELEVATION - CONCRETE
1'-2"
9"1'-9 1/2"
C ELECTROLIERL
Min
1'-2 1/2"
#5
Tot 4
#52'-0"2'-0"
EOD SOFFIT
#5
Tot 4
#52'-0"2'-0"
EOD SOFFIT
DD
9"
1'-2"
Min
1'-3"
C ELECTROLIERL
1'-10"
56 NOTE: Chain link fence not shown for clarity.
8"
8"
2-#4 x 2'-6"
2-#4 x 1'-0"
5 10
POST MILE
R23.3
DistCOUNTYROUTESHEETNo.TOTALSHEETS
8 SBD 10 9 9
EXHIBIT C-9
NO SCALE
POST MILE
R23.3
Item: 4.
Staff Report
Meeting Date: December 2, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Charles Berry, Electric Utility Director, Chad Blais, PW & Utility Services Director
Item Name: Authorized Positions List - Approve and Adopt a Resolution to Amend the Authorized Positions List to Add 3 Consumer Services Field Representatives I/II and Eliminate Two Water Distribution Operators I/II, Resolution No. R-95-25.
Recommended Action:
1. Add three (3) full-time Consumer Service Field Representative I/II positions in the Electric Utility Department to the authorized position list;
2. Eliminate two (2) vacant Water Distribution Operator I/II positions in the Water Utility that were approved as part of the FY 2024-25 Mid-Year Budget (Resolutions R-10-25 and CUA-01-25) authorized position list; and,
3. Adopt Resolutions R-95-25.
Background:
In July 2024, the City implemented manual water meter reading to ensure accurate and consistent billing intervals after the vendor supporting the City’s remote-read metering system declared bankruptcy, rendering the automated platform inoperable. The loss of vendor support required the City to identify an immediate operational mitigation to ensure billing accuracy and regulatory compliance. Returning to manual water meter reading allowed staff to reestablish regular read cycles, verify meter data integrity, and avoid prolonged service disruptions while longer-term strategies were evaluated.
As an immediate response to the resources required to complete more than 132,000 individual water meter reads each year, the City deployed a hybrid staffing approach that, at one point, included up to five (5) part-time Consumer Service Field Representative (CSFR) I/II staff, augmented by full-time Water Utility personnel and backstopped by
Colton Electric Utility (CEU) staff. While this configuration successfully ensured billing continuity, it required extensive interdepartmental coordination and the temporary reassignment of existing staff, creating a fragmented and resource-intensive structure that was not operationally sustainable over the long term.
As part of the FY 2024-25 Mid-Year Budget, adopted on March 18, 2025, through City Council Resolution No. R-10-25 and Colton Utility Authority Resolution No. CUA-01-25, the City Council approved the addition of two (2) full-time Water Distribution Operator I/II positions in the Water Utility. These positions represented staff augmentation to stabilize meter-reading operations and were intended to be dedicated to manual water meter reading, while continuing to be supplemented by part-time CSFR staff and backstopped by additional Water Utility personnel as needed. The associated labor and administrative costs for this function are already borne by the Water Utility, reinforcing that this is an existing operational responsibility rather than a new or expanded service.
Following that action, the Colton Electric Utility (CEU), in consultation with the Public Works and Utilities Department, conducted a comprehensive evaluation of the City’s interim manual meter-reading program to determine an immediate, near-term, and sustainable structure for continued operations. This collaborative effort resulted in the Manual Water Meter Reading Cost Analysis (October 8, 2025), which evaluated staffing requirements, workload distribution, fleet utilization, and fiscal compliance under Propositions 26 and 218. The analysis concluded that consolidating all manual water- meter-reading functions within CEU, supported by direct billing of actual costs to the Water Utility, would enhance operational efficiency, strengthen oversight, and establish a transparent, defensible cost-of-service framework.
The recommended structure is cost-neutral to both utilities. The activities and expenses associated with manual water meter reading are already being funded through the Water Utility’s existing budget, and this action simply formalizes that cost responsibility within CEU’s operational oversight. All labor and overhead related to the function are billed directly to the Water Utility, ensuring that no Electric Utility ratepayer revenues subsidize Water Utility operations, and likewise, no Water Utility ratepayer revenues subsidize Electric Utility operations.
The cost model also recommends periodic reconciliation between the Electric and Water Utilities to ensure costs remain equitable and that neither utility experiences over-or under-recoveries. This process reinforces fiscal accountability, provides an auditable mechanism for verifying cost-of-service accuracy, and ensures ongoing transparency.
There is no impact to the Electric Utility’s rate base or to electric ratepayers.
Issues/Analysis:
Consolidating manual water meter reading within the CEU provides a unified structure for all field metering activities, aligning functions that already share similar operational requirements, training, and technology. This approach eliminates overlapping responsibilities between departments and improves scheduling efficiency, data integrity,
and service delivery accountability.
By absorbing the manual water meter-reading workload into CEU’s existing Consumer Service Field Representative (CSFR) classification series, the city can coordinate both electric and water metering activities under a single operational framework. Workload distribution across all CSFR staff increases flexibility, improves route coverage, and enhances service reliability without adding new classifications or duplicating supervisory functions.
This realignment strengthens operational readiness, supports consistent meter-reading cycles, and positions CEU to manage both electric and water metering functions efficiently as the city transitions toward future technology solutions.
The proposed action adds three (3) full-time Consumer Service Field Representative (CSFR) I/II positions to the Electric Utility and eliminates two (2) vacant Water Distribution Operator I/II positions from the Water Utility, resulting in a net increase of one (1.0) FTE.
Rather than creating a dedicated or separate meter-reading division, this action integrates the existing manual meter-reading function into CEU’s established CSFR workforce, allowing the workload to be distributed across all CSFR personnel. This approach leverages CEU’s existing field operations expertise while providing flexibility to balance electric and water meter-reading responsibilities as part of coordinated field assignments.
The change transitions the city from a fragmented, multi-departmental staffing model to a unified structure that improves accountability, reduces administrative overlap, and ensures workforce continuity. It also provides a stable operational framework that better supports long-term workforce planning and customer service reliability.
All costs associated with this function, including salaries, benefits, vehicles, and administrative overhead, will be directly billed to the Water Utility, consistent with the adopted cost-of-service model developed in CEU’s Manual Water Meter Reading Cost Analysis. This ensures full cost recovery by CEU while maintaining clear fiscal boundaries between enterprise funds.
The cost model includes periodic reconciliation between CEU and the Water Utility to verify cost equity and ensure neither utility experiences over or under-recoveries. This safeguard maintains transparency, fiscal integrity, and compliance with Propositions 26 and 218, reinforcing that the action is cost-neutral to both utilities.
There is no impact to the CEU rate base and no upward pressure on electric rates.
Similarly, no Electric Utility ratepayer revenues will subsidize Water Utility operations, and no Water Utility ratepayer revenues will subsidize Electric Utility functions.
This matter was presented to the Utilities Commission at its regular meeting on October 20, 2025, where it was thoughtfully reviewed and discussed. Staff outlined the operational background and fiscal framework of the Manual Water Meter Reading Cost Analysis, emphasizing that the proposed action is a cost-neutral solution for both the Electric and
Water Utilities.
Commission discussion focused on ensuring no subsidization would be incurred by either utility and staff confirmed that no Electric Utility ratepayer revenues will be used to subsidize Water Utility operations, and likewise, no Water Utility ratepayer revenues will be used to subsidize Electric Utility operations.
Fiscal Impacts:
All costs associated with the manual water-meter-reading functions, including salaries, benefits, vehicles, training, and administrative overhead will be directly billed to the Water Utility.
For the prorated period of December 1, 2025 through June 30, 2026, the study identifies a total program cost of approximately $283,000, reflecting the partial-year implementation schedule. Beginning in FY 2026-27, the full-year program cost is projected to average approximately $500,000 annually. Normalized across an estimated 132,000 meter reads per year, the total fully burdened cost equates to approximately $3.75 per meter read.
The fiscal impact of this staffing realignment is cost-neutral to both the Electric Utility and the Water Utility as these costs are already being incurred under the existing fragmented arrangement. This action formalizes those costs within a transparent, defensible cost-of- service framework and ensures that no Electric Utility ratepayer revenues subsidize Water Utility operations, and likewise, no Water Utility ratepayer revenues subsidize Electric Utility operations.
Funding for these positions and related expenses is fully supported within the Water Utility’s FY 2025-26 budget appropriations. Periodic reconciliation will be performed to confirm cost accuracy and maintain equity between utilities, ensuring compliance with Propositions 26 and 218 and continued fiscal neutrality throughout future years.
Alternatives:
Provide alternative direction to staff.
Attachments:
1. RESOLUTION NO R-95-25
2. FY25-26 Authorized position list_20251202
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RESOLUTION NO. R-95-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
AMENDING THE FISCAL YEAR 2025/2026 AUTHORIZED POSITION LIST
WHEREAS, the City Council of the City of Colton adopted the FY2025-26 budget and Authorized Position List on the 20th day of May 2025; and
WHEREAS, consolidating manual water meter reading within the CEU provides a unified structure for all field metering activities, aligning functions that already share similar operational requirements, training, and technology; and
WHEREAS, this approach eliminates overlapping responsibilities between departments and improves scheduling efficiency, data integrity, and service delivery accountability; and
WHEREAS, by absorbing the manual water meter-reading workload into CEU’s existing Consumer Service Field Representative (CSFR) classification series, the city can coordinate both electric and water metering activities under a single operational framework.
WHEREAS, the recommended structure is cost-neutral to both utilities. The activities and expenses associated with manual water meter reading are already being funded through the Water Utility’s existing budget, and this action formalizes that cost responsibility within CEU’s operational oversight; and
WHEREAS, the cost model also recommends periodic reconciliation between the Electric and Water Utilities to ensure costs remain equitable and that neither utility experiences over-or under-recoveries; and
WHEREAS, there is no impact to the Electric Utility’s rate base or to electric ratepayers; and
WHEREAS, the proposed action adds three (3) full-time Consumer Service Field Representative (CSFR) I/II positions to the Electric Utility and eliminates two (2) vacant Water Distribution Operator I/II positions from the Water Utility, resulting in a net increase of one (1.0) FTE.
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 Authorized Position List is hereby amended to add three (3) Consumer Services Field Representative I/II positions within the Electric Department and eliminate two (2) vacant Water Distribution Operation I/II positions within the Water Utility, resulting in a net increase of one (1) full time employee.
PASSED, APPROVED AND ADOPTED THIS 16th DAY OF DECEMBER 2025.
________________________________________
FRANK J. NAVARRO
Mayor
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11 12
13 14
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25 26
27 28
ATTEST:
_____________________________
ISAAC T. SUCHIL
City Clerk
Mid-Year
Budget
Original
Adopted
11-4-25
ACM
12-6-25
Utility
FY 2025 FY 2026 FY 2026 FY 2026
City Council 5.00 5.00 5.00 5.00 City Clerk 4.00 4.00 4.00 4.00
City Treasurer 1.00 1.00 1.00 1.00 City Manager 5.00 5.00 6.00 6.00 Human Resources & Risk Management Department 5.00 5.00 5.00 5.00 Finance Department 30.00 30.00 30.00 30.00 Community Services Department 15.70 15.70 15.70 15.70 Development Services Department 13.00 13.00 13.00 13.00 Police Department 100.00 100.00 100.00 100.00 Fire Department 51.00 51.00 51.00 51.00 Electric Utility Department 52.00 52.00 52.00 55.00 Public Works & Utility Services Department 89.00 89.00 89.00 87.00 370.70 370.70 371.70 372.70
Mid-Year
Budget
Original
Adopted
11-4-25
ACM
12-6-25
Utility
FY 2025 FY 2026 FY 2026 FY 2026
City Council
Mayor 1.00 1.00 1.00 1.00
Council Member 4.00 4.00 4.00 4.00
5.00 5.00 5.00 5.00
City Clerk
Chief Deputy City Clerk 1.00 1.00 1.00 1.00
City Clerk 1.00 1.00 1.00 1.00
Administrative Assistant 1.00 1.00 1.00 1.00
Office Specialist I/II 1.00 1.00 1.00 1.00
4.00 4.00 4.00 4.00
City Treasurer
City Treasurer 1.00 1.00 1.00 1.00
1.00 1.00 1.00 1.00
City Manager
City Manager 1.00 1.00 1.00 1.00
Assistant City Manager 0.00 0.00 1.00 1.00
Assistant to the City Manager 1.00 1.00 1.00 1.00
Executive Assistant to the City Manager 1.00 1.00 1.00 1.00 Economic Development Manager 1.00 1.00 1.00 1.00
Economic Development Project Manager I/II 1.00 1.00 1.00 1.00
5.00 5.00 6.00 6.00 City Manager Totals: (Full Time Positions) City Council Totals: (Full Time Positions)
City Council Totals: (Full Time Positions)
City Treasurer Totals: (Full Time Positions)
TOTAL FUNDED FULL-TIME POSITIONS
DETAIL
Total - City Full-Time Positions
TOTAL FUNDED FULL-TIME POSITIONS
SUMMARY
December 2, 2025
Authorized Full-Time Positions
City of Colton
Mid-Year
Budget
Original
Adopted
11-4-25
ACM
12-6-25
Utility
FY 2025 FY 2026 FY 2026 FY 2026 TOTAL FUNDED FULL-TIME POSITIONS Human Resources & Risk Management
Human Resources & Risk Management Director 1.00 1.00 1.00 1.00 Senior Human Resources Analyst 1.00 1.00 1.00 1.00
Senior Risk Management Analyst 1.00 1.00 1.00 1.00
Human Resource Analyst 1.00 1.00 1.00 1.00
Human Resource Specialist 1.00 1.00 1.00 1.00
5.00 5.00 5.00 5.00
Finance Department
Finance Director 1.00 1.00 1.00 1.00
Finance
Finance Manager 1.00 1.00 1.00 1.00
Senior Accountant 1.00 1.00 1.00 1.00
Senior Finance Analyst 1.00 1.00 1.00 1.00
Payroll Analyst 1.00 1.00 1.00 1.00
Accountant 2.00 2.00 2.00 2.00
Payroll Technician I/II 1.00 1.00 1.00 1.00
Account Technician I/II 2.00 2.00 2.00 2.00
Customer Service
Purchasing/Customer Service Manager 0.80 0.80 0.80 0.80 Utilities Business Systems Analyst 1.00 1.00 1.00 1.00
Customer Service Supervisor 2.00 2.00 2.00 2.00
Customer Service Representative III 1.00 1.00 1.00 1.00 Customer Service Representative I/II 9.00 9.00 9.00 9.00 Purchasing
Purchasing/Customer Service Manager 0.20 0.20 0.20 0.20 Warehouse Supervisor 1.00 1.00 1.00 1.00
Storekeeper 1.00 1.00 1.00 1.00
Purchasing Technician 1.00 1.00 1.00 1.00
Information Systems
Information Services Manager 1.00 1.00 1.00 1.00
Senior Information System Coordinator 1.00 1.00 1.00 1.00 Network Technician 1.00 1.00 1.00 1.00
30.00 30.00 30.00 30.00
Community Services
Community Services Director 1.00 1.00 1.00 1.00
Administrative Assistant 1.00 1.00 1.00 1.00
Early Care & Education Program Director 1.00 1.00 1.00 1.00 Early Care & Education Site Supervisor 3.70 3.70 3.70 3.70 Community Child Care Administrative Assistant 1.00 1.00 1.00 1.00 Library Branch Manager 1.00 1.00 1.00 1.00
Recreation Services Manager 1.00 1.00 1.00 1.00
Recreation Services Supervisor 1.00 1.00 1.00 1.00
Recreation Services Coordinator 5.00 5.00 5.00 5.00
15.70 15.70 15.70 15.70
Finance Department Totals: (Full Time Positions)
Community Services Totals: (Full Time Positions)
Human Resources Totals: (Full Time Positions)
Mid-Year
Budget
Original
Adopted
11-4-25
ACM
12-6-25
Utility
FY 2025 FY 2026 FY 2026 FY 2026 TOTAL FUNDED FULL-TIME POSITIONS Development Services
Development Services Director 1.00 1.00 1.00 1.00
Planning Manager 1.00 1.00 1.00 1.00
Administrative Assistant 1.00 1.00 1.00 1.00
Senior Office Specialist 1.00 1.00 1.00 1.00
Planning/Building Technician 2.00 2.00 2.00 2.00
Building Official 1.00 1.00 1.00 1.00
Plans Examiner I/II 1.00 1.00 1.00 1.00
Building Inspector I/II 1.00 1.00 1.00 1.00
Business License/Collections Officer 1.00 1.00 1.00 1.00 Senior Planner 1.00 1.00 1.00 1.00
Associate Planner 1.00 1.00 1.00 1.00
Assistant Planner 1.00 1.00 1.00 1.00
13.00 13.00 13.00 13.00
Police Department
Police Chief 1.00 1.00 1.00 1.00
Police Captain 1.00 1.00 1.00 1.00
Executive Assistant to Police Chief 1.00 1.00 1.00 1.00 Information Technology Coordinator 1.00 1.00 1.00 1.00
Network Technician 1.00 1.00 1.00 1.00
Community Service Officer 7.00 7.00 7.00 7.00
Police Lieutenant 2.00 2.00 2.00 2.00
Police Sergeant 9.00 9.00 9.00 9.00
Police Corporal/Detective 12.00 12.00 12.00 12.00
Police Officer/Trainee 38.00 38.00 38.00 38.00
Police Support Services Manager 1.00 1.00 1.00 1.00
Crime Analyst 1.00 1.00 1.00 1.00
Animal Services Officer 2.00 2.00 2.00 2.00
Lead Code Compliance Officer 1.00 1.00 1.00 1.00
Code Compliance Officer 4.00 4.00 4.00 4.00
Supervising Communication Dispatcher 1.00 1.00 1.00 1.00 Police Dispatcher I/II 9.00 9.00 9.00 9.00
Senior Police Dispatchers 2.00 2.00 2.00 2.00
Administrative Assistant 1.00 1.00 1.00 1.00
Police Records Supervisor 1.00 1.00 1.00 1.00
Police Services Clerk I/II 4.00 4.00 4.00 4.00
100.00 100.00 100.00 100.00 Police Department Totals: (Full Time Positions) Development Services Totals: (Full Time Positions)
Mid-Year
Budget
Original
Adopted
11-4-25
ACM
12-6-25
Utility
FY 2025 FY 2026 FY 2026 FY 2026 TOTAL FUNDED FULL-TIME POSITIONS Fire Department
Fire Chief 1.00 1.00 1.00 1.00
Deputy Fire Chief 1.00 1.00 1.00 1.00
Battalion Chief Fire Marshal 1.00 1.00 1.00 1.00
Fire Battalion Chief 3.00 3.00 3.00 3.00
Fire Captain 12.00 12.00 12.00 12.00
Fire Engineer 12.00 12.00 12.00 12.00
Firefighter Medic 18.00 18.00 18.00 18.00
Fire Safety Specialist I/II 1.00 1.00 1.00 1.00
Executive Assistant 1.00 1.00 1.00 1.00
Office Specialist I/II 1.00 1.00 1.00 1.00
51.00 51.00 51.00 51.00
Electric Utility Department
Electric Utility Director 1.00 1.00 1.00 1.00
Administration
Assistant Director of Utility Operations 1.00 1.00 1.00 1.00 Utilities Planning Manager 1.00 1.00 1.00 1.00
Utilities Resource Analyst 1.00 1.00 1.00 1.00
Administrative Analyst I/II 2.00 2.00 2.00 2.00
Utilities Executive Assistant 1.00 1.00 1.00 1.00
Office Specialist I/II 1.00 1.00 1.00 1.00
7.00 7.00 7.00 7.00
Engineering
Electric Utilities System Designer 1.00 1.00 1.00 1.00
Electrical System Planning Engineer 1.00 1.00 1.00 1.00 Joint Pole Coordinator 1.00 1.00 1.00 1.00
Engineering/GIS Technician 1.00 1.00 1.00 1.00
GIS Specialist 1.00 1.00 1.00 1.00
Senior Electric Utility Inspector 1.00 1.00 1.00 1.00
6.00 6.00 6.00 6.00
Environmental, Sustainability, & Conservation
Environment & Conservation Supervisor 1.00 1.00 1.00 1.00 Senior Energy Services Specialist 1.00 1.00 1.00 1.00
Senior Water Conservation Specialist 1.00 1.00 1.00 1.00 Energy Services Specialist 1.00 1.00 1.00 1.00
Office Specialist I/II 2.00 2.00 2.00 2.00
6.00 6.00 6.00 6.00
Substation
Substation Superintendent 1.00 1.00 1.00 1.00
Substation Operations Supervisor 1.00 1.00 1.00 1.00
Substation Electrician/Substation Apprentice/Sr. Substation Electrician 5.00 5.00 5.00 5.00 Senior Consumer Service Field Rep 1.00 1.00 1.00 1.00
Consumer Service-Field Rep I/II 4.00 4.00 4.00 7.00
12.00 12.00 12.00 15.00
Fire Department Totals: (Full Time Positions)
Subtotals:
Subtotals:
Subtotals:
Subtotals:
Mid-Year
Budget
Original
Adopted
11-4-25
ACM
12-6-25
Utility
FY 2025 FY 2026 FY 2026 FY 2026 TOTAL FUNDED FULL-TIME POSITIONS Transmission/Distribution
Electric Field Operations Foreman 1.00 1.00 1.00 1.00
Line Crew Supervisor 3.00 3.00 3.00 3.00
Service Crew Supervisor 1.00 1.00 1.00 1.00
Powerline Technician/Apprentice/Apprentice Trainee 15.00 15.00 15.00 15.00
20.00 20.00 20.00 20.00
52.00 52.00 52.00 55.00
Public Works & Utility Services
Public Works & Utility Services Director 1.00 1.00 1.00 1.00 Assistant Director of Public Works & Engineering 1.00 1.00 1.00 1.00 Public Works - Operations
Public Works Supervisor 1.00 1.00 1.00 1.00
Maintenance Worker III 1.00 1.00 1.00 1.00
Equipment Operator I/II 1.00 1.00 1.00 1.00
Maintenance Crew Leader 1.00 1.00 1.00 1.00
Maintenance Worker I/II 21.00 21.00 21.00 21.00
Sr. Office Specialist (Autoshops) 1.00 1.00 1.00 1.00
Lead Equipment Mechanic 1.00 1.00 1.00 1.00
Equipment Mechanic 2.00 2.00 2.00 2.00
Building Maintenance Supervisor 1.00 1.00 1.00 1.00
Building Maintenance Worker I/II 3.00 3.00 3.00 3.00
Maintenance Electrician 1.00 1.00 1.00 1.00
34.00 34.00 34.00 34.00
Administration
Utilities Executive Assistant 1.00 1.00 1.00 1.00
Administrative Assistant 2.00 2.00 2.00 2.00
PW/W/WW Administrative Manager 1.00 1.00 1.00 1.00Utilities Financial Analyst 0.00 0.00 0.00 0.00 Accountant 1.00 1.00 1.00 1.00
Administrative Analyst I/II 1.00 1.00 1.00 1.00
6.00 6.00 6.00 6.00
Engineering
Utilities Engineer 1.00 1.00 1.00 1.00
Associate Engineer 1.00 1.00 1.00 1.00
Engineering Assistant 1.00 1.00 1.00 1.00
Engineering Technician I/II 1.00 1.00 1.00 1.00
Public Works & Utility Inspector 1.00 1.00 1.00 1.00
Capital Project Manager 1.00 1.00 1.00 1.00
6.00 6.00 6.00 6.00
Subtotals:
Electric Utility Department Totals: (Full Time Positions) Subtotals:
Subtotals:
Subtotals:
Mid-Year
Budget
Original
Adopted
11-4-25
ACM
12-6-25
Utility
FY 2025 FY 2026 FY 2026 FY 2026 TOTAL FUNDED FULL-TIME POSITIONS Water Utility
Water & Wastewater Operations Manager 0.50 0.50 0.50 0.50 Water Production Supervisor 1.00 1.00 1.00 1.00
Water Distribution Supervisor 1.00 1.00 1.00 1.00
Water Distribution Foreperson 1.00 1.00 1.00 1.00
Senior Water Production Operator 1.00 1.00 1.00 1.00
Water Production Operator III 1.00 1.00 1.00 1.00
Water Production Operator I/II 3.00 3.00 3.00 3.00
Senior Water Distribution Operator 3.00 3.00 3.00 3.00
Water Distribution Operator I/II 10.00 10.00 10.00 8.00
21.50 21.50 21.50 19.50
Wastewater Utility
Water & Wastewater Operations Manager 0.50 0.50 0.50 0.50 Collection System Maintenance Supervisor 1.00 1.00 1.00 1.00 Senior Collection System Maintenance Technician 1.00 1.00 1.00 1.00 Collection System Maintenance Technician I/II 5.00 5.00 5.00 5.00 Wastewater Utilities Supervisor 1.00 1.00 1.00 1.00
Senior Wastewater Treatment Plant Operator 2.00 2.00 2.00 2.00 Wastewater Treatment Plant Operator I/II 7.00 7.00 7.00 7.00 Wastewater Treatment Plant Mechanic I/II 2.00 2.00 2.00 2.00
19.50 19.50 19.50 19.50
89.00 89.00 89.00 87.00 Public Works & Utility Services Department Totals: (Full-time) Subtotals:
Subtotals:
Item: 5.
Staff Report
Meeting Date: December 2, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Deb Farrar, Director
Item Name: Continued Funding Application — California Department of Social Services (CDSS) - Approve a Resolution for the CDSS Continued Funding Application for the Early Childhood Education Program in the Community Services Department for Fiscal Year 2026- 27, Resolution No. R-89-25.
Recommended Action:
Staff recommends that the City Council take the following action:
• Approve and Adopt Resolution R-89-25 and Item ID 2025-221, the CA Department of Social Services FY 26-27 Continued Funding Application for the Early Care and Education Division and Community Services Department.
• Authorize the City Manager to serve as a signatory on all contracts and amendments.
Background:
The City of Colton, Early Care and Education Division has two main components: the School Age Program (CCTR) and the State Preschool Program (CSPP). The CCTR is funded by the California Department of Social Services (CDSS) for children in grades TK through 6th grade, using the CCTR Contract, to provide before-, after-, and all-day care on CJUSD closure days.
The CSPP is funded by the California Department of Education (CDE) for children ages 3 to 5.
The CSPP operates 180 days a year, in part-day sessions, with the goal of preparing young children for elementary school, both in the classroom and on the playground. As Executive Director of the Program, the City Manager is the designated authority to sign the State contract.
Each Fiscal Year, the City submits the “Continued Funding Application” (CFA) to CDSS to renew the Contract as mentioned above. Since FY 2023-2024, Council (Board) Approval and a Resolution is required as a part of the CFA Packet. The signatory authority previously granted to the City Manager, who is the Executive Director of the Program, remains the same.
Issues/Analysis:
The CFA submission requires Council Approval and a Resolution, which are handled electronically. CCTR contractors who apply for and are approved for Continued Funding will not need to sign and return a CCTR contract to provide services for FY 2026–2027. CCTR contractors who apply for and are approved for Continued Funding through the CFA process will be automatically renewed in accordance with all applicable federal and state laws, as well as all CCTR Funding Terms and Conditions and Program Requirements that will be incorporated into the FY 2026–2027 CCTR contract.
Fiscal Impacts:
This is an administrative compliance action with no fiscal impact.
The ECE Program uses Fund 206-7200-7202 for expenditures and 206-5777-000 for revenue for the School Age Program. The exact amount of the FY 2026-2027 CDSS Contract for the CCTR is currently unknown. However, historically, contracts match the Maximum Reimbursable Amount (MRA) from the previous fiscal year and the contract for FY 2025-2026 is $884,466.
Alternatives:
Provide an alternative direction to CSD staff.
Attachments:
1. R-89-25 CDSS Continued Funding Application FY 26-27
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. R-89-25
A RESOLUTION OF THE CITY COUNCIL ALLOWING THE SUBMISSION OF THE
CA DEPARTMENT OF SOCIAL SERVICES-CONTINUED FUNDING APPLICATION (CDSS-CFA) FOR THE EARLY CARE AND EDUCATION DIVISION OF THE COMMUNITY SERVICES DEPARTMENT FOR FY 26-27
WHEREAS, the City of Colton, Early Childhood Education (ECE) Division of the Community Services Department holds one (1) California Department of Education (CDE) Contract and one (1) California Department of Social Services (CDSS) Contract, thus considered a CDE and CDSS Funded Agency.
WHEREAS, the ECE Division submits an annual Continued Funding Application (CFA) to the California Department of Social Services (CDSS) to renew its existing contract, and while in prior fiscal years City Council approval and a resolution were not required—since the signatory authority granted to the City Manager, serving as the Executive Director of ECE, was sufficient—beginning in Fiscal Year 2023–24, CDSS revised the CFA requirements to now include formal governing board approval and a resolution authorizing submission of the application and execution of related documents.
WHEREAS, the CDSS now requires City Council approval and a signed resolution authorizing the City Manager, as Executive Director, to sign the Continued Funding Application (CFA) as part of the electronic submission. Contractors approved for continued funding through this process will not be required to sign and return a separate California General Child Care (CCTR) contract for Fiscal Year 2026–27, as contracts will automatically renew in accordance with all applicable federal and state laws, and the CCTR Funding Terms, Conditions, and Program Requirements incorporated into the FY 2026–27 agreement.
NOW, THEREFORE, the City Council of the City of Colton does hereby resolve as follows:
Section 1: The staff report accompanying this Resolution is found to be true, adopted as findings, and incorporated into this resolution.
Section 2: The City approves the City Manager to sign the CA Department of Social Services-Continued Funding Application for FY 2026-2027.
PASSED, APPROVED AND ADOPTED this 2nd day of December 2025.
________________________________________
FRANK J, NAVARRO
Mayor
ATTEST:
ISAAC T. SUCHIL
City Clerk
Item: 6.
Staff Report
Meeting Date: December 2, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Contract Award - Superb Engineering, Inc. - Approve Award of Contract to Superb Engineering, Inc. as the Lowest Responsive and Responsible Bidder for the C Street Slope Landscape Project in the Amount of $100,195.
Recommended Action:
Staff recommend that the City Council authorize the award of contract to Superb Engineering, Inc. as the lowest responsive and responsible bidder for the C Street Slope Landscape Project in the amount of $100,195 and authorize the City Manager to execute the contract agreement.
Background:
The C Street Slope Landscape Project is located along C Street Underpass between 7th Street and Pennsylvania Ave. The scope of the project includes installation of cobble stone and rock blanket along the slopes on the southeast, northwest and southwest slopes quadrant of the underpass. The limit of the project is shown on the attached project plans.
Issues/Analysis:
In accordance with Colton Municipal Code (CMC) Section 3.08.090, a request for Notice Inviting Formal Bids was published in The Press Enterprise on September 19, 2025, and September 26, 2025. Bids were opened on October 16, 2025, and staff received the following bids:
Contractor Bid Amount
1. Superb Engineering, Inc. $100,195.00
2. David Ollis Landscape Development $124,455.20
3. Southern California Landscape $126,911.00
4. Mariposa Landscapes Inc. $134,266.38
5. Marina Landscape, Inc. $150,290.00
6. Garden Hills Landscape, Inc. $179,896.42
7. KASA Construction, Inc. $249,725.00
8. UC Studios – non-responsive bid
Staff reviewed and evaluated submitted bids. Superb Engineering Inc. has completed similar landscape projects in various cities (Coachella, Perris, Needles, Fontana and Palm Deserts) and school districts (Hemet USD and Temecula Valley USD). Staff recommends awarding the attached contract for the C Street Slope Landscape Project to Superb Engineering, Inc. as the lowest responsive and responsible bidder in the amount of $100,195. UC Studios did not submit the required bid forms and did not provide bid bonds, and the bid is deemed as a non-responsive bid.
Fiscal Impacts:
Sufficient appropriations for the C Street Underpass project are available in the adopted FY2025- 26 budget in Measure I Fund capital improvement account no. 218-2617-6150-3890-0000-000.
The appropriations are sufficient to cover Superb Engineering, Inc. contract including a 5% contingency.
Alternatives:
1. Provide alternative direction to staff.
Attachments:
1. Project Plans - C Street Slope Landscaping Project
2. Contract with Superb Engineering for C Street Slope Landscape Project
4"-10" MISSION COBBLE
3/4" CALIFORNIA GOLD
CONSTRUCTION NOTES
G) 4"-10" MISSION COBBLE OR EQUAL (6100 SF) - 116 TONS
@ 4" LANDSCAPE BORDER EDGING - 71 D LF
(» 2" THICK, 3/4" CALIFORNIA GOLD, OR EQUAL (10,000 SF) - 100 TONS
EXISTING STAMPED
CONCRETE
EXISTING STAMPED
CONCRETE
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2,400 SF
24 TONS
EXISTING CURB
AND STONE
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CONCRETE
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WEED BLOCK FABRIC
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NOTES
CONTRACTOR TO APPLY WEED KILL TO THE SITE TWO WEEKS PRIOR TO THE PLACING OF ANY PRODUCT.
CONTRACTOR SHALL INSTALL A WEED BARRIER FABRIC, 1' OVERLAP, USING LANDSCAPE STAPLES.
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CITY OF COLTON
PUBLIC WORKS DEPARTMENT
CITY ENGINEER
NAME: VICT RTIZ, P.E. EXPIRES: 6/30/27
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ENGINEER REVISIONS CITY Pl.AN NO. 1371 -1 FOR: COMPANY NAME W.O. WORK ORDER VERT: ljj ----------------------------------------------------------------------------------------------------------------------------------------------Cl::
CONTRACT
1 CITY OF COLTON
CONSTRUCTION CONTRACT
‘C’ STREET SLOPE LANDSCAPE PROJECT
1. PARTIES AND DATE.
This Contract is made and entered into this 3rd day of December, 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 Superb Engineering, Inc., a corporation with its principal place of business at 2947 West Lincoln Street, U nit 105, Banning, CA 92220 (“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 landscape edging, weed barrier, stone and crushed rock 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 ‘C’ Street Slope Landscape Project (“Project”) as set forth in this Contract.
2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, performance bond, payment bond, insurance documents and other certifications as required by the Contract.
3. TERMS
3.1 Incorporation of Documents . This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
• Addenda
• Change Orders executed by the City
• 2021 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 dated 10/16/25
CONTRACT
2 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, standar d 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 t o, 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 C onditions, 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 i s 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 s hall 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 Contra ct 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 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) day s 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.
CONTRACT
3 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 proprieta ry 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.
3.3 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this Contract within 60 working 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 sc hedule, 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 One-Thousand Dollars ($1000) 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
CONTRACT
4 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 obligat ions 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 Contr act, 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 below-referenced compensation in accordance with compensation provisions set forth in the Contract.
3.7 Compensation and Payment.
3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of One Hundred Thousand One Hundred Ninety Five Dollars and No Cents ($100,195.00) (“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.
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5 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 represen ting 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 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. Contrac tor 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.
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6 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 California Labor Code with respect to the employment of properly registered apprentices upon public works. The pri mary 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.
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7 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.
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 disturbanc e 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
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8 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.
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 pol icies 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 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,
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9 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, indemni fy 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.
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
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10 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 Certif icates 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. 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
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11 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 com pensation 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
(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 extens ion, expires to provide the
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12 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 f ailure to respond within the time prescribed, respectively, and demand an informal conference to 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.
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13 (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:
(1) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding 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 Di scovery 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 unres olved 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.
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14 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 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 t he 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 of ficials, 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 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:
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15 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 em ployee 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:
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 unbr oken 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,
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16 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 unbr oken 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.
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.
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17 3.14.7 Deductibles and Self -Insurance Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.14.8 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.
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 acc ordance 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
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18 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 consider ed 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 m aterials 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, replacement, and reinstitution of equipment and materials necessar y 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.
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19 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 Director of Public Works and Utilities 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 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 offse t 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 t he 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
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20 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 effectiv e 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:
CONTRACTOR:
Superb Engineering, Inc.
2947 West Lincoln Street, Unit 105
Banning, CA 92220
Attn: Estela Candelario, President
CITY:
City of Colton
650 North La Cadena Drive
Colton, CA 92324
Attn: Chad Blais, Director of Public Works and Utility Services 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
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21 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.
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 Regist rar, 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. [Signatures on Next Page]
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22 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT
BETWEEN THE CITY OF COLTON
AND SUPERB ENGINEERING, INC.
IN WITNESS WHEREOF, the Parties have entered into this Contract as of the 3rd day of December, 2025.
CITY OF COLTON Superb Engineering, Inc.
A Corporation
By: ____________________________ By: _________________________ William R. Smith Estela Candelaria
City Manager President
Attest:
____ By: _________________________
Isaac T. Suchil
City Clerk
__1074243 – A, C-27_________________
Contractor’s License Number/Classification
__1001102935______________________
DIR Registration Number
Approved as to Form:
______________________________
Best Best & Krieger LLP
City Attorney
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23 EXHIBIT “A”
SERVICES / SCHEDULE
THE SERVICES TO BE PERFORMED ARE SPECIFIED ON PROJECT PLAN NO. 1371-1 DATED 7/1/25 AND CONTRACT DOCUMENTS AND SPECIFICATIONS DATED 9/15/25. A
DETAILED PROJECT SCHEDULE WILL BE SUBMITTED UPON ISSUANCE OF NOTICE TO PROCEED AND SERVICES SHALL BE COMPLETED IN 60 WORKING DAYS.
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24 EXHIBIT “B”
PLANS
PROJECT PLAN NO. 1371-1 DSTED 7/1/25
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25 EXHIBIT “C”
SPECIAL CONDITIONS
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City . The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.
LABOR CODE CERTIFICATION
26 EXHIBIT “D”
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., 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 the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract. [***INSERT CONTRACTOR NAME***]
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
CONTRACTOR REGISTRATION CERTIFICATION
27 EXHIBIT “E”
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
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. See http://www.dir.ca.gov/Public - Works/PublicWorks.html for additional information.
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 hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.
1 Name of Contractor:
DIR Registration Number:
DIR Registration Expiration:__________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
1. Contractor shall maintain a current DIR registration for the duration of the project.
2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Contractor:____________________
Signature:
Name and Title:
Dated:
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”
PERFORMANCE BOND
28 EXHIBIT “F”
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Colton (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ‘C’ Street Slope Landscaping Project (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents ”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bo und unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements i n the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during w hich time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City ’s rights or the Contractor or Surety ’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
PERFORMANCE BOND
29 (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contra ct price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount pr eviously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City ’s objection to Contractor ’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
Remainder of This Page is Intentionally Left Blank
PERFORMANCE BOND
30 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Principal and Surety must be notarized and evidence of corporate authority attached. An original Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for service
of process in California)
PERFORMANCE BOND
31 Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
PERFORMANCE BOND
32 PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Colton (hereinafter designated as the “ City”), by action taken or a resolution passed ___________ , 20 ____has awarded to ________________ hereinafter designated as the “ Principal,” a contract for the work described as follows: ‘C’ Street Slope Landscaping Project (hereinafter referred to as the “Project”), and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW, THEREFORE, we, the Principal and
__________________________, a corporation organized and existing under the laws of the State of _______________ and authorized to transact surety business under the laws of the State of California as Surety, are held and firmly bound unto City in the sum of ______________ Dollars ($___________) lawful money of the United States of America, the sum not being less than One Hundred Percent (100%) of the total amount of the Contract, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such
PERFORMANCE BOND
33 suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of paym ent or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
The Remainder of this Page is Intentionally Left Blank
PERFORMANCE BOND
34 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. An original Power -of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THE FOLLOWING INFORMATION IS MANDATORY
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________
PERFORMANCE BOND
35 Agent or Representative for service
of process in California)
PERFORMANCE BOND
36 Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
PERFORMANCE BOND
37
Item: 7.
Staff Report
Meeting Date: December 2, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Charles Berry, Electric Utility Director
Item Name: Purchase - Altec Industries, Inc. - Approve the Purchase of One Altec Upfitted Zero Emission Vehicle with Vehicle Mounted Traffic Arrow Board.
Recommended Action:
Staff recommends the City Council authorize the purchase of one Altec Industries traffic control truck with vehicle mounted arrow board for $95,304.96, in accordance with Colton Municipal Code § 3.08.140(N), utilizing the Sourcewell Cooperative Purchasing Contract #110421-ALT.
Background:
The Colton Electric Utility (CEU) maintains a fleet of specialized vehicles that support maintenance, construction, and emergency response operations throughout the City’s service territory. These vehicles are essential for ensuring the safety of personnel and the public while performing work in or adjacent to public roadways.
The existing 2005 Ford F-250, currently serving as CEU’s primary traffic control support unit, has been in continuous service for more than 20 years and has well exceeded its useful life expectancy. Over time, the vehicle has become increasingly unreliable, with frequent mechanical breakdowns and repair-related downtime that have disrupted field operations and project schedules. Extended repair cycles have strained CEU’s operational capacity, forcing reassignment of other units and occasional service delays during outage or maintenance events.
The aging vehicle also lacks modern safety features, fuel efficiency, and emissions compliance consistent with current industry and regulatory standards. The proposed replacement, a factory- upfitted Altec Industries Work Truck equipped with a vehicle-mounted traffic arrow board, will restore reliability, enhance work zone safety, and improve operational readiness for daily field deployment, emergency response, and capital project support throughout CEU’s service territory.
Issues/Analysis:
Altec Industries provided a formal quotation dated October 29, 2025, under Sourcewell Contract #110421-ALT, for the purchase of one fully upfitted ZEV work vehicle at a total cost of $95,304.96, inclusive of applicable taxes and administrative fees.
Component Description Cost
Sourcewell Contract Base
Vehicle
Altec Work Truck (ZEV Platform) $72,123
Traffic Control Upfit Vehicle-Mounted Traffic Arrow Board and Control System
$15,001
Estimated Taxes, Doc/Admin
Fees
$8,181.96
Total $95,304.96
Procurement through Sourcewell complies with Colton Municipal Code § 3.08.140(N), which authorizes the City to participate in cooperative purchasing agreements with other public agencies to obtain goods and services at competitive, nationally negotiated prices.
Sourcewell contracts are competitively solicited and publicly awarded, ensuring transparency, cost-effectiveness, and compliance with the City’s procurement policies.
This acquisition supports CEU’s broader fleet modernization and standardization strategy, which emphasizes reliability, operational efficiency, and regulatory compliance.
Standardizing the CEU fleet with Altec equipped vehicles, many of which already serve as aerial, service, and support trucks, provides multiple operational advantages:
• Reduced downtime and improved reliability: Newer ZEV vehicles feature modern components with lower failure rates, enhancing field availability and reducing unscheduled maintenance interruptions.
• Simplified maintenance and training: Standardized vehicles reduce variability in parts, tools, and maintenance procedures, streamlining repairs and improving technician efficiency.
• Enhanced safety and work zone visibility: The integrated traffic arrow board provides a high-visibility, directional guidance system that protects workers and motorists during active field operations.
• Lower total cost of ownership: Electric vehicles require fewer mechanical systems (no oil changes, spark plugs, or exhaust components), resulting in lower lifecycle maintenance costs.
• Regulatory compliance: The new ZEV configuration supports CEU’s compliance with the California Air Resources Board (CARB) Advanced Clean Fleet (ACF) Rule,
which requires adoption of zero-emission vehicles in municipal fleets and a complete phase-out of internal combustion vehicles.
• Operational readiness: A standardized, modernized fleet ensures that field crews can respond rapidly and effectively to maintenance and outage events without being hindered by aging or unreliable vehicles.
• Sustainability and community leadership: Incorporating ZEVs aligns with City sustainability goals and demonstrates CEU’s leadership in environmental responsibility within the public power sector.
Through this purchase, CEU will advance its commitment to safe, reliable, and sustainable operations while reducing long-term operations costs while complying with current regulatory and technological transitions.
Fiscal Impacts:
Sufficient appropriations for the purchase are available in the adopted FY2025-26 budget in Electric Utility Capital Account 520-8000-8004-4910-0101-000.
Alternatives:
Provide alternative direction to staff.
Attachments:
1. Sourcewell City Of Colton 10-31-25
2. Traffic Truck VIN 10352 1812217 7-21-25
Quote Number: 1812217-2
Opportunity Number: 25153811
Sourcewell Contract #: 110421-ALT
Date: 10/29/2025
REFERENCE ALTEC MODEL
Sourcewell
Price
Pickups & Vans Sourced by Altec Work Truck $72,123
(A.)
1 2
3 4
(A1.)
1 2
3 4
5 6
7 8
9 10
SOURCEWELL OPTIONS TOTAL: $72,123
(B.)
1 UNIT Traffic Control Upfits $15,001
2 UNIT & HYDRAULIC ACC $0
3 BODY $0
4 BODY & CHASSIS ACC $0
5 ELECTRICAL $0
6 FINISHING $0
7 CHASSIS $0
8 OTHER $0
OPEN MARKET OPTIONS TOTAL: $15,001
SUB-TOTAL FOR UNIT/BODY/CHASSIS: $87,124.00
Estimated Taxes (Delivery non-taxable)(8.75%): $7,623.96 CA Doc/Admin/Tire Fees: $557.00
TOTAL FOR UNIT/BODY/CHASSIS: $95,304.96
Altec Industries, Inc.
SOURCEWELL OPTIONS ON CONTRACT (Unit)
SOURCEWELL OPTIONS ON CONTRACT (General)
OPEN MARKET ITEMS (Customer Requested)
WORK-PICKUPS
Quoted for: City of Colton
Customer Contact: Charles Berry
Phone: / Email: 909-370-6196 / [email protected]
Quoted by: Shawn Kobzej
Altec Account Manager: Troy Dentzer
Phone: / Email: 816-262-4482 / [email protected]
Quote Number: 1812217 - 1
Altec, Inc.
We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929
July 21, 2025
Our 96th Year
Ship To: Bill To:
CITY OF COLTON
UTILITY DIVISION
160 S 10TH ST
COLTON, CA 92324
US
Attn: CHARLES BERRY
Phone: 909-3706196
Email: [email protected]
CITY OF COLTON
FINANCE DEPARTMENT
650 N LA CADENA DR
COLTON, CA 92324
United States
Altec Quotation Number: 1812217 - 1
Account Manager: Kyle Brunson
Technical Sales Rep: Shawn G Kobzej
Item Description Qty Price
Unit
1. Pickup Truck 1
Body and Chassis Accessories
2. Additional Body/Chassis Accessory
- Frame Only, HW Kit Required
- Hardware Kit, 2015-TD Ford F-150 Aluminum New Body
- WIRE HARNESS
- Cole Hersee 24059 Insulated Continuous Duty, 12VDC, 85A, SPST Solenoid - 30 x 60, LED, 90 Degree Power Tilt, 25 Light Sequential Arrow Pattern. Includes 20' control box patch cable, 25' battery cable, actuator brackets, 29-inch uprights and crossbar.
- Wireless Controller
- Solar kit with 55W solar panel, battery and battery box 1 3. Additional Body/Chassis Accessory
- Second Option for light Board: WANCO 30x60 Low Profile, 90 degree power tilt, 25 light sequential arrow pattern, includes 20' control box patch cable, 25' battery cable, actuator brackets and frame.
1 Finishing Details
Quote Number: 1812217 - 1
Altec, Inc.
We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929
Item Description Qty Price
4. Focus Factory Build 1
5. FA Installation for Pickup Truck 1
Chassis
6. Altec Supplied Chassis 1
7. 2025 Model Year 1
8. Ford F150
- Lightning
1 9. 4x4 1
10. Regular Cab 1
11. Other Chassis GVWR
- Standard
1 12. Other Front GAWR
- Standard
1 13. Other Rear GAWR
- Standard
1 14. Other Engine Model
- Electric
1 15. Electric 1
16. Hydraulic Brakes 1
Miscellaneous
17. Alliance 1
18. Non-CARB Registered State 1
Unit / Body / Chassis Total
Additional Total
FET Total 0.00
Total 89,118.00
Quote Number: 1812217 - 1
Altec, Inc.
We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929
Altec Industries, Inc.
BY
Shawn G Kobzej
Notes:
Item: 8.
Staff Report
Meeting Date: December 2, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Stephanie Vargas, Chief Deputy City Clerk
Item Name: Second Reading - Approve Second Reading of an Ordinance of the City Council of the City of Colton, California, Amending Colton Municipal Code Sections 2.12.030 and
2.12.050 Increasing City Council and Mayor Compensation, Ordinance No. O-11-25.
Recommended Action:
It is recommended that the City Council approve the second reading of an Ordinance of the City Council of the City of Colton, California, amending Colton municipal code sections 2.12.030 and 2.12.050 increasing City Council and Mayor compensation.
Background:
Issues/Analysis:
Fiscal Impacts:
Alternatives:
Attachments:
1. Ordinance O-11-25
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25589.00100\44262015.1
ORDINANCE NO. O-11-25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COLTON, CALIFORNIA, AMENDING COLTON
MUNICIPAL CODE SECTIONS 2.12.030 AND 2.12.050
INCREASING CITY COUNCIL AND MAYOR
COMPENSATION
WHEREAS, the City of Colton, California (“City”) is a general law city organized and existing under the Constitution and laws of the State of California; WHEREAS, California Government Code section 36516 provides a method by which salaries for members of the City Council are established and increased; and WHEREAS, California Government Code Section 36516(a) authorizes the City Council to enact an ordinance providing that each member of the City Council shall receive a salary based on the population of the City, with a maximum salary determined by population brackets; and WHEREAS, based on the most recent population estimates validated by the Department of Finance and the 2020 federal census, the City’s population is approximately 52,945 to 53,975, placing it in the bracket of cities over 50,000 up to and including 75,000 in population, which allows for a maximum salary of up to one thousand six hundred dollars ($1,600) per month per City Council member; and
WHEREAS, California Government Code Section 36516(a)(4) further authorizes the City Council to increase City Council salaries beyond the population-based maximum, so long as such increase does not exceed the greater of five percent (5%) for each calendar year from the operative date of the last adjustment (non-compounded) or inflation since January 1, 2024, based on the California Consumer Price Index (not to exceed 10% per calendar year); and WHEREAS, Colton Municipal Code Sections 2.12.030 and 2.12.050 establish the salary for City Council members and the Mayor, respectively; and WHEREAS, the City Council member and Mayor salary, last adjusted in 2023 pursuant to Ordinance No. O-07-23 and effective following the November 2024 election, is currently set at $440 per month, plus $242 per month in automobile allowance; and WHEREAS, a 2010 California Attorney General Opinion (No. 08-405) concludes that a flat automobile allowance provided to City Council members in lieu of reimbursing actual vehicle expenses is a form of compensation, distinct from reimbursement for actual and necessary expenses, and is therefore generally included in the total compensation for purposes of calculating the maximum allowable under Government Code Section 36516; and WHEREAS, the City Council desires to increase the monthly salaries for the City Council and Mayor to $1,600.00 as a single compensation amount, while eliminating the separate automobile allowance to simplify the structure; and
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25589.00100\44262015.1
WHEREAS, California Government Code Section 36516.1 authorizes additional compensation for a directly elected Mayor beyond that received as a City Council member, which may be provided by ordinance, but no such additional compensation is proposed herein; and WHEREAS, the proposed salary increases are in compliance with the Government Code; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, the City Council of the City of Colton, California, does ordain as follows:
SECTION 1. Incorporation of Recitals. The City Council hereby finds that all of the foregoing recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.
SECTION 2. Amendment to Colton Municipal Code. Colton Municipal Code Chapter
2.12 Compensation of City Officials—Bonds, Section 2.12.030 City Council members is amended to read as follows:
“2.12.030 - City Council members.
The salary of each member of the City Council is fixed at One Thousand Six Hundred dollars ($1,600) per month. The compensation for the Mayor is set forth in Section 2.12.050.”
SECTION 3. Amendment to Municipal Code. Colton Municipal Code Chapter 2.12 Compensation of City Officials—Bonds, Section 2.12.050 Mayor is amended to read as follows:
“2.12.050 - Mayor.
The salary of the Mayor of the City is fixed at One Thousand Six Hundred dollars ($1,600) per month.”
SECTION 4. Compliance with California Environmental Quality Act. The City Council finds that adoption of this Ordinance is not a “project,” as defined in the California Environmental Quality Act because it does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment pursuant to CEQA Guideline 15061(b)(3) and concerns general policy and procedure making.
SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
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25589.00100\44262015.1
SECTION 6. Effective Date. This ordinance shall become effective thirty (30) days after its adoption. The salary increases provided herein shall take effect only when at least one member of the City Council commences a new term following the next municipal election, in compliance with Government Code Section 36516.5. The elimination of a separate automobile allowance shall take effect concurrently with the salary increases, such that the current automobile allowance shall continue until the date the salary increases become effective.
SECTION 7. Publication. The City Clerk shall certify the passage of this Ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a local newspaper of general circulation and which is hereby designated for that purpose.
PASSED, APPROVED AND ADOPTED this 18th day of November, 2025.
Frank Navarro, Mayor
ATTEST:
Isaac Suchil, City Clerk
APPROVED AS TO FORM
Best Best & Krieger LLP
City Attorney