Colton City Council
April 21, 2026

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

David J. Toro – District 1
Kelly J. Chastain – District 2
Dr. Luis S. González – District 3
John R. Echevarria – District 4

City Clerk Isaac T. Suchil
City Treasurer Henry M. Razo

City Manager William R. Smith
City Attorney Carlos Campos

Agenda
City Council
Colton Utility Authority, Colton Public Financing Authority Colton Housing Authority
Regular Meeting
Tuesday, April 21, 2026 – 5:00 PM
City Hall, Council Chambers

Closed Session
5:00 p.m.

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

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

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

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

Closed Session
1) Conference with Legal Counsel – Anticipated Litigation Pursuant to Government Code Section 54956.9 (d)(4)
One (1) Potential Case
2) Conference with Legal Counsel – Existing Litigation
Pursuant to Government Code Section 54956.9 (d)(1)
Stephanie Moulas v. City of Colton, et al.

San Bernardino County Superior Court, Case No. CIVSB2401378 3) Conference with Labor Negotiators
Pursuant to Government Code Section 54957.6
Agency Designated Representatives: Bill Smith, City Manager Employee Groups: Teamsters - General Employees
Teamsters - Mid-Manager Employee Association
International Brotherhood of Electric Workers, Local 47 – Water/Wastewater Division
Colton Police Dispatchers Association (CPDA)
Colton Police Civilian Employee Association (CPCA)
4) Public Employee Performance Evaluation
Job Title - City Manager

City Attorney Oral Report on Closed Session Actions

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

Open Session
6:00 P.M.

Open Session Called to Order
Invocation
Pastor Eric Strutz — The Door Church
Flag Salute
Veterans of Foreign Wars (VFW) — Bernie Moyeda
Roll Call
Ceremonial Matters
Presentations, Awards, Proclamations
• Recognitions - Colton Youth Council
• Police Department Recognition of Ezra Galicia
Mayor and Council Items
Gift Disclosures
Prior to rendering a decision in any proceeding involving a license, permit, contract or other entitlement pending before the City Council, any Council Member who has received been promised a gift or gifts aggregating $50.00 or more in value within the preceding twelve months from a party or participant in the proceeding shall disclose that fact either orally or in writing during open session. This disclosure shall be made part of the official public record of the proceeding, either as part of the minutes of the meeting or as a separate writing filed with the city. (CMC Section 2.04.030) AB 1234 Oral Reports
Members of the City Council shall provide brief reports on meetings attended at the expense of the city. (GC Section 53232.3(d))
Appointments
Mayor and Council Discussion Items
Public Hearings
There are no Public Hearing Items.
_____________________________________________________________________________________

Business Items
To speak on business items, it is requested that you Submit your filled out public comment card into the public comment card box before the meeting begins. Once your name is called you may approach the podium. Please begin your public comment by stating your name and your city of residence; then proceed to share your public comment. The applicant will be allowed 5 minutes to address the Council, and all other people will be allowed 3 minutes. The presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure. 1) Electric Utility Integrated Resource Plan (IRP) Report - Receive and File the Electric Utility Integrated Resource Plan (IRP).

Staff Person: Charles Berry, Tom Miller
Public Comment - Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments regarding Consent Calendar items or any other general subject. If you wish to address the City Council please fill out and submit a public comment card into the public comment card box BEFORE the meeting begins. During the public comment period, the City Clerk will call each speaker by name to approach the podium.

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

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

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

Consent Calendar
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action. 1) Warrants - Approve voucher numbers 225153 to 225301 dated 03/19/2026 and totaling $354,752.10; voucher numbers 225302 to 225421 dated 03/26/2026 and totaling $814,861.51; voucher numbers 225422 to 225494 dated 03/30/2026 and totaling $97,372.83 and a payroll disbursement listing dated 02/28/2026 to 03/13/2026 and totaling $1,303,913.16.

Staff Person: Stacey Dabbs

2) Contract Amendment - Enterprise Fleet Management - Increase to Police Vehicle Lease Agreement for Vehicle and Updated Equipment/Outfitting Costs and Approve the Change Order.

Staff Person: Anthony Vega
3) Contract Amendment - Montrose Air Quality Services, LLC - Approve Contract Amendment with Montrose Air Quality Services, LLC for Services Provided to the Electric Department.

Staff Person: Charles Berry
4) Contract Award - Infinity Technologies - Approve Contract for Infinity Technologies for $230,000 for GIS Services for Fiscal Year 2026-27.

Staff Person: Chad Blais
5) Contract Award - Onyx Paving Company - Approve Award of Contract to Onyx Paving Company, Inc. for CDBG COLT-25-1-03K/0326 Alley Paving and Sidewalk Improvement Project in the amount of $333,000, Resolution No. R-32-26.

Staff Person: Chad Blais
6) FY 25/26 Asphalt Paving Project - Approve the Award of Contract to Matich Corporation for FY 25/26 Asphalt Paving Project in the Amount of $1,624,896.00.

Staff Person: Chad Blais
7) Second Reading of Ordinance No. O-08-25 - Approve Second Reading of an Ordinance of the City Council of the City of Colton, California, Amend Section 2.30.060 of Chapter 2.30 of Title 2 (Administration and Personnel) to Revise Qualifications and Eligibility for Appointment to City Boards, Commissions or Committees, Ordinance No. O-08-26.

Staff Person: Stephanie M. Vargas
______________________________________________________________________________ Mayor and Council Oral Reports and Comments
Comments from Mayor and Council on various issues and activities throughout the community.

Comments shall be limited to 5 Minutes per speaker.

City Manager's Reports
Adjournment
______________________________________________________________________________

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

City of Colton City Hall 650 N. La Cadena Drive
City of Colton Website, www.coltonca.gov
Procedures for Addressing City Council
For the Official Record, it is requested that you submit your filled out public comment card into the public comment card box before the meeting begins. Once your name is called by the City Clerk you may approach the podium to speak. Please begin your public comment by stating your name and your city of residence; then proceed to share your public comment. The City Council encourages public input on all City issues within the Rules of Decorum. Speakers will be limited to the time periods provided on the Agenda; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.

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

Notice to Public
Staff reports or other written documentation relating to each item referred to, on the Agenda, are available for public inspection at the following locations: Office of the City Clerk, 650 N. La Cadena Drive, Colton, CA; City of Colton Public Library, 656 9th St., Colton, CA; or the City of Colton Internet Website, www.coltonca.gov. Any person having questions concerning any item on the Agenda may call the City Clerk Office at (909) 370-5001 to make inquiry concerning the nature of the item described on the Agenda. The City Clerk’s Office shall direct inquiries to the appropriate office.

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

In compliance with the American with Disabilities Act, if you need special assistance to participate in a City Meeting, please contact the City Clerk’s Office at 909-370-5001.

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

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

Manual of Procedure
The City Council adopted its Manual of Procedure pursuant to Resolution No. R-28-26, with the latest updates being approved on April 7, 2026. Copies are available in the Office of the City Clerk.

Item: 1.

Staff Report

Meeting Date: April 21, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Charles Berry, Electric Utility Director, Tom Miller, Interim Assistant Director Item Name: Electric Utility Integrated Resource Plan (IRP) Report - Receive and File the Electric Utility Integrated Resource Plan (IRP).

Recommended Action:

Receive report.

Background:

Integrated Resource Planning (IRP) is not solely a regulatory or compliance-oriented exercise; it is a core governance function that directly informs rate stability, financial planning, and long- term risk management. For the City of Colton Electric Utility (CEU), the application of IRP principles is essential to ensuring that resource decisions are aligned with California’s clean energy mandates and the City’s fiduciary obligations to its customers.

From a rate-setting perspective, disciplined resource planning is one of the primary mechanisms available to maintain rate stability. By evaluating multiple resource portfolios under varying market and operational conditions, CEU can proactively identify long-term cost drivers, particularly those associated with wholesale energy procurement, capacity requirements, and infrastructure investment and position the utility to mitigate upward rate pressure over time. This forward-looking approach supports predictable, competitively priced rates and reduces the likelihood of abrupt or unplanned adjustments.

These planning efforts are also central to prudent financial management. As a publicly owned utility, CEU is entrusted with managing enterprise resources in a manner that is financially disciplined, transparent, and aligned with cost causation principles. Incorporating structured planning and scenario-based analysis into decision-making ensures that resource investments are evaluated not only for compliance with policy objectives, but also for their long-term financial impact on the utility and its customers. This approach reinforces sound budgeting practices,

strengthens financial forecasting, and supports the responsible stewardship of public funds.

Moreover, this work reflects the City’s ongoing fiduciary duty to its ratepayers. Resource decisions that are not grounded in rigorous analysis can introduce avoidable financial and operational risks. By contrast, CEU’s planning framework emphasizes data-driven evaluation, portfolio diversification, and alignment with regulatory trajectories, ensuring that decisions are defensible, balanced, and consistent with good utility practice.

The completed planning components provide a structured framework to evaluate trade-offs between cost, reliability, and emissions. This analysis supports informed decision-making that balances near-term affordability with long-term system sustainability.

It is important to recognize that these analyses represent a point-in-time assessment based on current assumptions related to market conditions, regulatory requirements, and system load.

Given the dynamic nature of the energy sector, CEU will continue to update and refine its planning analysis. This iterative approach ensures continued alignment with evolving policy requirements while maintaining a strong focus on rate stability, prudent financial management, and fiduciary responsibility.

Issues/Analysis:

The purpose of the presentation is to discuss the findings of the modeling and analysis.

Fiscal Impacts:

There are no direct fiscal impacts of receiving this report.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. Final IRP Presentation-CityCouncil

Integrated Resource Plan 2025
April 2, 2026

2 1. IRP Goals and Primary Objectives

2. Key Takeaways

3. Current Portfolio Analysis

4. IRP Modeling scenarios and load growth assumptions

5. Prospective Resources

6. IRP Scenarios Overview and Preferred Scenario

7. Recommendation
Contents

3 Integrated Resource Planning (IRP) Goals and Objectives Goals
• Develop a strategic path for Colton’s energy resource portfolio to ensure compliance with clean energy requirements under SB1020 and SB100
Primary Objectives
• Analyze Colton’s future energy and capacity requirements • Identify cost effective energy resources that meet projected demand while ensuring system reliability
• Align procurement strategies with California’s clean energy mandates

4 Key Takeaways
The plan selects solar to comply
with SB 100 in all the scenarios
The plan includes batteries to
meet reliability targets
At present, Colton does not
expect significant load growth
beyond Greenlane project
The preferred scenario meets the
requirements at the lowest
possible cost

5Copyright Ascend Analytics. Do not duplicate or distribute without written permission from Ascend Analytics. § The model selects
ØSolar for meeting long-term energy goals
(SB-100 mandates)
ØBatteries to cover the capacity requirements
§ Base case adds around 120 MW of new
resources
§ High load growth case adds around 200
MW of new resources
Scenario Results Overview
At present, Colton does not expect
significant load growth beyond the
Greenlane project. So, the Base case is
the preferred scenario
Capacity (MW)
Base Case High PRM High EV load High Load growth
0 40
80 120
160
200
240
Co-located solar-
battery, 20
Co-located solar-
battery, 20
Co-located solar-
battery, 25
Co-located solar-
battery, 20
Solar, 60 Solar, 60 Solar, 60
Solar, 110
Four-Hour
BESS, 40
Four-Hour
BESS, 50
Four-Hour
BESS, 50
Four-Hour BESS,
70 Co-located solar-battery Solar Four-Hour BESS
Preferred
Scenario

Current Portfolio Analysis

7 Current and Planned Resources
§ The existing portfolio contains a diverse set of
resources
§ Solar, large hydro, geothermal, landfill gas,
nuclear and natural gas generation.
§ Colton has a share in Mead-Adelanto and
Mead-Phoenix transmission lines
§ Grace Orchard solar is projected to start by Jan
2028  Contract is finalized
Colton’s Resource Map
100%90%80%70%60%50%40%30%20%10%0%
1%4% 35% 40% 11% 9%
Current Share of the Resource Mix
Hoover dam Palo Verde Casa Diablo Puente Hills Natural Gas Solar

8 Key Takeaways from the current portfolio
SB100 Compliance
Ø Colton produces more zero-carbon energy than annual load demand→ currently compliant with SB100 until 2034
Energy Position
Ø The current portfolio meets 100% of the annual load till 2030 Capacity Position
Ø Current portfolio is well-positioned to meet the capacity peaks for most of the year Ø Relies on short-term capacity contracts to cover summer peak demand Ø Explore options to procure resources that cover capacity needs in summer Near-term changes (until 2030)
• Add Grace Solar (2028)
• Puente Hills contract expiration - end of Dec 2030
Long term (2035-2045): Explore options to procure zero-carbon resources to comply with SB100 and SB 1020

9 Colton’s Annual Energy Generation in 2024
Resource Technology 2024 Generation
(MWh) RPS or Zero Carbon
Magnolia Natural Gas Combined Cycle 45,303 -
Agua Mansa Natural Gas Simple-Cycle 10,220  -
Palo Verde Nuclear 19,022 Zero Carbon
Hoover Large Hydro 2,318 Zero Carbon
Casa Diablo IV Geothermal 149,795 RPS
Puente Hills Landfill Gas 172,682 RPS
Astoria Solar 21,839 RPS
Kingbird B Solar 8,525 RPS
Colton Solar One, LLC Solar 5,765 RPS
Colton Solar Two, LLC Solar 2,322 RPS
Gonzales Center (Tesla) Solar 426 RPS
Arbor Terrace (Tesla) Solar 426 RPS

10 % Generation relative to load2025 2030 2035 2040 2045 0%
20%
40%
60%
80%
100%
120%
% RPS and Zero Carbon Generation SB100 RPS and Zero Carbon Requirements Annual Energy, RPS and Zero Carbon Position of the Current Portfolio ØColton’s resources cover annual energy requirements
through 2030.

Ø Grace solar (COD 2028) partially offsets the loss of Puente Hills generation
Ø Colton must replace Puente Hills contract to comply with SB 100 and SB 1020 mandates in the long run.

Ø Colton meets 60% RPS mandates in 2030
Ø Colton complies SB 100 mandates through 2034
RPS and Zero Carbon Position
Energy Generation
(GWh)
2025 2030 2035 2040 2045
0 100
200
300
400
500 Annual Energy Position
Solar Hoover Palo Verde
Casa Diablo Puente Hills Agua Mansa
Magnolia Power Plant Market Imports Load
Meets 100% annual load till 2030
Meets 60% RPS mandates by
2030
Puente Hills Contract ends in 2030; starts to
rely on market purchases to meet annual
load demand

11 Monthly Capacity Position in 2025 of the Current PortfolioCapacity (MW) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
120
100
80 60
40 20
0 Casa Diablo IV Puente Hills Palo Verde
Hoover Agua Mansa Magnolia
Astoria Kingbird Short-term Capacity Purchases
Planning Reserve Requirement
1111
Colton relies on short-term capacity purchases
to cover the summer peak load

12 Capacity Position of the Current Portfolio in September Capacity (MW)
2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 160
140
120
100
80 60
40 20
0 Hoover Palo Verde Casa Diablo IV Puente Hills
Magnolia Agua Mansa Astoria Kingbird B
Grace Capacity Purchases Planning Reserve Requirement
Colton is planning to procure capacity to meet
the peak demand

13 Hourly Generation in September 2026
13 Storage could shift excess solar to non-solar
hours and displace the market purchases to
serve the load

14Copyright Ascend Analytics. Do not duplicate or distribute without written permission from Ascend Analytics.

Carbon Emissions
CO2 emissions (Metirc tons)
Carbon Intensity (lbs/MWh)
2025 2030 2035 2040 2045
0 5,000
10,000
15,000
20,000
25,000
30,000 140
120
100
80 60
40 20
0 Magnolia Power Plant Agua Mansa Carbon Intensity (lbs/MWh) • Magnolia Power Plant is the major contributor of Carbon Emissions • Agua Mansa is a Peaker plant and operates only few times a year  minimal emissions
• Colton’s annual emissions are estimated to be between 15,000 – 25,000 MT CO2e from 2025 to 2045.
• Colton can sell the excess Emission allowances (EAs).

Year
Annual
Allocation
(allowances) in
MTCO2e
2021 109,201
2022 108,010
2023 105,323
2024 102,623
2025 99,907
2026 98,975
2027 96,209
2028 93,362
2029 92,138
2030 89,247
Source: Cap-and-Trade Program Vintage 2025
Allocation Summary;
https://ww2.arb.ca.gov/sites/default/files/2024-
12/nc-
v2025%20Public%20Allocation%20Summary.pdf

Prospective Resources

16 • The planning targets are to add sufficient resources to meet future peak demand and to meet California mandates for renewables and carbon free energy.

Following resources are considered in the plan
• Solar – thriving resource in California due to high solar irradiance • Small Hydro – Recently Burbank Water and Power (BWP) and Anaheim Public utilities have contracted small hydro projects.

Colton evaluated small hydro as a potential resource in the IRP , recognizing that it may be feasible to secure such contracts in the near term
• Lithium-ion Batteries – Shifts excess solar to off-peak hours and provides capacity value • Wind – Colton may procure future wind power through support from the California Department of Water Resources (CDWR), Central Procurement for renewable resources.
• Geothermal - Southern California has notable geothermal potential particularly around the Salton Sea area. No new projects available now.
• Small Modular Reactors - new generation of nuclear reactors that are smaller and designed for modular deployment. First project expected to come online in 2030s. Colton will monitor new developments for future considerations.

Prospective Resources considered for long-term planning 16

17 Technology Costs of Prospective ResourcesPPA Price ($/MWh) 2025 2030 2035 2040 2045
0 50
100
150
200
250
300 SoCal Solar - Colton NorCal Solar
SoCal Wind Offshore Wind
New CA Geothermal Small Hydro
SMR
PPA cost ($/KW-month)
2025 2030 2035 2040 2045
0 5
10 15
20 25
30 35
Storage (4h) Storage (8h)
Ø Southern California solar costs have risen to $58/MWh due to SB100-driven demand Ø Offshore wind is projected at ~$145/MWh by 2032, with high uncertainty due to lack of existing projects.

Ø Storage costs are flat through the 2020s and 2030s but may increase over time Ø One Big Beautiful Bill may raise wind and solar costs in late 2020s. These effects were not included in the current modeling.

IRP Modeling Scenarios and Load Growth Assumptions

19Copyright Ascend Analytics. Do not duplicate or distribute without written permission from Ascend Analytics. *PRM stands for Planning Reserve Margin. It represents the additional capacity that utilities must secure beyond the forecasted peak demand. This buffer accounts for uncertainties like demand spikes, unexpected power plant outages, or other contingencies Modeling Scenarios
Scenario Load growth Capacity Requirements
Base case 0.05% annually Max Load + 15% PRM
High PRM 0.05% annually Max Load + 17% PRM
High EV growth 0.05% annually + EV growth Max Load + 15% PRM High Load Growth 2% growth annually +5 MW in
2030 Max Load + 15% PRM
• IRP uses a scenario-based approach to analyze resource additions in alternative future paths • Load growth scenarios provided the basis to understand how resource procurements might change

20 Annual Peak Demand in different load growth scenarios Peak Load Demand (MW)
2025 2030 2035 2040 2045 2050
0 100
200
High Load growth EV Load Base Load
Base Load: 0.05% annual load growth due to
limitations in substation and distribution
infrastructure
2% annual load growth +
5MW in 2030
EV growth in Colton is
assumed to be same as
the rest of the state

21Copyright Ascend Analytics. Do not duplicate or distribute without written permission from Ascend Analytics.

ØHigh Load growth scenarios are more expensive than
base case primarily due to higher operational costs, new resource additions, and the expense of serving greater
demand
Cost Analysis by Scenario
The total portfolio costs include generation costs (variable, fuel, and fixed costs), contracted resource costs, energy purchases from CAISO.

The net costs have revenue from energy sales to CAISO subtracted out.

Net Costs (Million $)
Base case High Reserve Margin High EV Growth High Load Growth $0
$200
$400
$600
$171 $182 $205
$414
Net CostNPV (2025-2045) of Net Cost of Portfolio by Scenario Preferred
Scenario
Base case
High
Reserve
Margin
High EV
Growth
High Load
Growth
Operational Costs $94 $101 $106 $246
New Resources PPA
Costs $149 $169 $195 $210
Cost of Serving load $313 $313 $323 $371
Wholesale Revenue $385 $400 $418 $413
Net Cost $171 $183 $205 $414
NPV (2025-2045) of Costs and Revenue in Million $ by Scenario

Conclusion and Recommendation

23 Conclusion
Ø Plan adds around 120 MW of new resource builds for meeting PRM requirements and SB100 mandates Ø Solar helps in achieving 100% zero carbon target by 2045 Ø Batteries help in meeting PRM needs
Ø Magnolia Power Plant is the primary contributor to carbon emissions Ø Carbon emissions are expected to be between 15,000 – 25,000 MT -> lower than the allowed emissions Ø Colton must explore other options as regulations are evolving § Tariff Uncertainties -> Solar and storage projects are experiencing delays § One Big Beautiful Bill -> Solar and wind costs are expected to rise in the long-term as the tax benefits phase out in the late 2020s
§ The bill preserves geothermal tax breaks which may reduce the costs in future.

24Copyright Ascend Analytics. Do not duplicate or distribute without written permission from Ascend Analytics.

Near-term recommendation (2028-2030)
• Colton could explore adding resources like batteries to eliminate short term capacity contracts in summer Recommendations for 2035 and beyond
• Colton must plan to add zero-carbon eligible resources post 2034 to comply with SB 100 mandates • Colton could negotiate options to operate Magnolia Project differently that would comply with SB100 • Preferred scenario assumes limited load growth, but EVs and electrification could drive demand • Colton must monitor load growth and observe market shifts as high load growth may require 67% higher resource additions than preferred scenario.

Colton should revisit planning in 5 years as technologies like advanced geothermal, hydrogen, and SMRs mature.

Recommendations

1877 Broadway Street | Suite 706 | Boulder, CO 80302 | (303) 415 1400 Sai Sameera Gudladona
email: [email protected]

Item: 1.

Staff Report

Meeting Date: April 21, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Stacey Dabbs, Finance Director
Item Name: Warrants - Approve voucher numbers 225153 to 225301 dated 03/19/2026 and totaling $354,752.10; voucher numbers 225302 to 225421 dated 03/26/2026 and totaling $814,861.51; voucher numbers 225422 to 225494 dated 03/30/2026 and totaling $97,372.83 and a payroll disbursement listing dated 02/28/2026 to 03/13/2026 and totaling $1,303,913.16.

Recommended Action:

Approve voucher numbers 225153 to 225301 dated 03/19/2026 and totaling $354,752.10; voucher numbers 225302 to 225421 dated 03/26/2026 and totaling $814,861.51; voucher numbers 225422 to 225494 dated 03/30/2026 and totaling $97,372.83 and a payroll disbursement listing dated 02/28/2026 to 03/13/2026 and totaling $1,303,913.16.

Background:

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

Issues/Analysis:

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

Fiscal Impacts:

None.

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. Fund Number and Title Legend

2. Voucher lists

3. Payroll Registers

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

Item: 2.

Staff Report

Meeting Date: April 21, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Anthony Vega, Chief of Police
Item Name: Contract Amendment - Enterprise Fleet Management - Increase to Police Vehicle Lease Agreement for Vehicle and Updated Equipment/Outfitting Costs and Approve the Change Order.

Recommended Action:

It is recommended that the City Council:

1. Approve the Contract Amendment to the Enterprise Lease agreement to increase the lease amount by $55,000.00, and;

2. Approve a change order for the Enterprise Lease Agreement in the amount of $55,000 and authorize the City Manager to execute the change order.

Background:

On July 15, 2025, City Council approved to enter into a lease agreement with Enterprise Fleet Management, Inc. for police vehicles. The original, approved amount for the vehicles was $582,180.79. Due to changes in the vehicle outfitting vendor and equipment, the price for the vehicles increased to $636,047.83.

Issues/Analysis:

On July 15, 2025, the City Council approved the City entering into a lease agreement with Enterprise Fleet Management, Inc. for police vehicles in the amount of $582,180.79. Since that approval, revisions to the vehicle equipment and outfitting specifications, including a change in the selected outfitting vendor and the addition of one patrol vehicle, have increased the total project cost. The revised total for the agreement is $636,047.83, representing an increase of $53,867.04.

The increase is directly attributable to modifications necessary to ensure the department's vehicles meet current operational and safety requirements. Updated equipment specifications, changes in upfitting services, and the addition of the extra patrol vehicle are necessary to

maintain consistency with current departmental standards and provide the equipment needed to effectively support patrol operations.

Fiscal Impacts:

Sufficient appropriations are available for the price increase and change order in the FY 2025- 2026 adopted budget in General Fund Police Department Automobile Capital Outlay Account Number 100-6070-6071-4910-0000-000.

Alternatives:

1. Provide alternative direction to staff.

Attachments:

None

Item: 3.

Staff Report

Meeting Date: April 21, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Charles Berry, Electric Utility Director
Item Name: Contract Amendment - Montrose Air Quality Services, LLC - Approve Contract Amendment with Montrose Air Quality Services, LLC for Services Provided to the Electric Department.

Recommended Action:

1. Approve the Third Amendment to the Professional Services Agreement with Montrose Air Quality Services, LLC to extend the term of the agreement through December 31, 2027, for continued emissions testing, Relative Accuracy Test Audit (RATA) testing, and regulatory compliance reporting services required under the City’s South Coast Air Quality Management District operating permit;

2. Authorize an increase in the contract amount in the not-to-exceed amount of $25,000, plus a contingency of 10 percent, to address ongoing and as-needed compliance, testing, and reporting requirements; and,

3. Authorize the City Manager, or designee, to execute the Third Amendment and any minor, non-substantive modifications consistent with the intent of this action.

Background:

On September 18, 2024, the City entered into a Professional Services Agreement (PSA) with Montrose Air Quality Services, LLC in the amount of $47,506 to provide emissions testing and related compliance services required under the City’s South Coast Air Quality Management District (SCAQMD) operating permit. These services are essential to ensure the City’s continued compliance with applicable air quality regulations governing utility operations and stationary source emissions.

The PSA includes provisions for amendments pursuant to Section 3.3.1, allowing for adjustments to the scope, term, and compensation as necessary to support ongoing regulatory

compliance requirements. On July 28, 2025, the City approved a First Amendment to the PSA, extending the term of the contract through January 1, 2026, to address evolving operational and compliance needs.

A Second Amendment was subsequently approved February 3, 2026, increasing the agreement by $9,500 for a revised not-to-exceed total of $57,006 to continue supporting required emissions testing and regulatory reporting services.

Staff is now recommending approval of a Third Amendment to extend the agreement term through June 30, 2027, and to increase the contract amount by $25,000, for a revised not-to- exceed total of $82,006, exclusive of any contingency, through the June 30, 2027, recommended term. In addition, a contingency of 10 percent ($8,200) is requested to provide flexibility for unanticipated compliance needs, including supplemental emissions testing, reporting, and evolving regulatory requirements.

This amendment ensures continuity of critical compliance services and supports the City’s obligation to meet all SCAQMD permit conditions, while maintaining operational reliability and regulatory adherence for the City’s utility assets.

Issues/Analysis:

The City’s electric utility operates generating assets that are subject to strict air quality regulations administered by the South Coast Air Quality Management District. As a condition of continued operation, the City is required to comply with all applicable permit requirements, including periodic emissions testing, reporting, and certification of monitoring equipment.

A critical component of these compliance obligations is Relative Accuracy Test Audit (RATA) testing, which is mandated to validate the accuracy of Continuous Emissions Monitoring Systems (CEMS). RATA testing is not discretionary; it is a required regulatory function to demonstrate that emissions monitoring equipment is properly calibrated and reporting within allowable tolerances established by SCAQMD and applicable federal standards. Failure to successfully complete RATA testing or maintain compliant emissions reporting constitutes a violation of the City’s operating permit.

Importantly, absent this mandatory compliance testing and reporting, the City would not be authorized to operate its power generation facilities. In this context, the services provided are not optional support functions, but rather foundational requirements that enable continued plant operations.

From a risk and cost perspective, the implications of non-compliance are significant. These include:
• Regulatory enforcement actions and monetary penalties imposed by SCAQMD; • Forced curtailment or shutdown of generating units, resulting in immediate loss of local generation capability;
• Increased reliance on market purchases, which may expose the City to price volatility and

materially higher energy procurement costs;
• Operational and reliability impacts, particularly during peak demand periods when local generation provides critical system support.

Accordingly, the relatively modest cost associated with emissions testing and compliance reporting represents a prudent cost avoidance measure when compared to the potentially substantial financial exposure associated with non-compliance. Replacement power costs alone, particularly during constrained market conditions, can exceed the annual cost of these services in a single high-price event, underscoring the economic value of maintaining compliant, operable generating assets.

The specialized nature of RATA testing and emissions compliance reporting necessitates the use of qualified third-party experts with certified equipment, technical expertise, and regulatory familiarity. Montrose Air Quality Services, LLC provides these services as part of an established compliance framework, ensuring that the City’s generating facilities remain in full adherence with SCAQMD permit conditions and operational requirements.

The proposed Third Amendment reflects the ongoing and recurring nature of these compliance obligations. Emissions testing schedules, regulatory reporting requirements, and potential changes in air quality standards require flexibility and continuity in service delivery. The requested contract increase and contingency are prudent and necessary to address both planned RATA testing cycles and any unanticipated compliance activities that may arise during the extended term.

From a fiduciary standpoint, maintaining compliance with SCAQMD requirements is essential to preserving the City’s ability to generate power locally, which directly supports system reliability, cost control, and resource flexibility. The amendment represents a cost-effective, risk-mitigating investment that ensures uninterrupted compliance and avoids materially higher financial and operational exposure.

Accordingly, the proposed amendment is consistent with prudent utility management practices, ensuring regulatory compliance while maintaining uninterrupted operation of critical electric utility infrastructure. The amendment also reflects a continued reliance on specialized external services to meet highly technical regulatory requirements, while providing the City with the flexibility needed to respond to evolving compliance demands without disruption to operations.

Fiscal Impacts:

Sufficient appropriations exist in account 520-8000-8009-2225-0548-000 for Fiscal Year 2026 and additional funding is contingent upon City Council approval of appropriations for Fiscal Year 2027.

Alternatives:

Provide alternative direction to staff.

Attachments:

None

Item: 4.

Staff Report

Meeting Date: April 21, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Contract Award - Infinity Technologies - Approve Contract for Infinity Technologies for $230,000 for GIS Services for Fiscal Year 2026-27.

Recommended Action:

Staff recommends the City Council take the following actions:

1. Approve a three-year contract in the annual amount of $230,000 with Infinity Technologies for on-call professional GIS services.

Background:

The City of Colton utilizes mapping software to document various attributes and features of projects, equipment, and buildings for many departmental internal needs and some for public information. Historically, internal employees such as GIS Analysts (Geographic Information System) have created and maintained the various maps and informational layers used by the City. However, the overall maintenance of the GIS infrastructure and software requires ongoing critical updates and oversight to ensure the GIS system is accessible and working properly.

Therefore, in June 2025, the Public Works and Utility Services Department and Electric Department brought in a third-party vendor, Infinity Technologies, to assist with providing administrator oversight of the GIS system while in coordination with the City's Information Services (IS) Division.

Issues/Analysis:

The need to have an experienced and always available administrator overseeing and monitoring the GIS system has proven to be a critical resource needed to support the City's ongoing mapping program which is used by multiple departments. Over the past 10 months, Infinity Technologies has proven to be a strong asset to support the City's GIS system in multiple areas, including:
updating the ESRI mapping database to the latest version, evaluating and updating the internal structure of how mapping data is displayed and stored in the GIS system, creating app modules

for field staff to collect asset information, and as-needed mapping projects. Infinity Technologies has been actively assessing our GIS program and developed a scope of work for implementation of some critical improvements to the GIS system that staff plans to move forward with next fiscal year (see attached). The current contract was approved through June 30, 2026 and staff has been very pleased with the quality of work performed and the timely responsiveness by Infinity Technology management and support staff. Therefore, staff is now recommending a new multi-year contract with Infinity Technologies for professional GIS services for $230,000 annually for fiscal years 2026-27 through 2028-29. The GIS services require specialized technical expertise in spatial analysis, system integration, and data modeling, which constitute professional services under Government Code Section 53060 and are therefore not subject to traditional low-bid procurement requirements. Staff is requesting an exception to competitive bidding for non-public projects in accordance with Colton Municipal Code section

3.08.140(p), which exempts "Contracts for Special Services pursuant to Government Code Section 53060" from competitive bidding requirements.

The budget request amount is based on the items outlined in the scope of work and the anticipated requests for services from all the departments that will occur during each fiscal year.

It should be noted the requested contract is budgetary only and is not anticipated to be fully expended. This is not a lump sum contract and actual expenditures will be billed on an as- needed basis only.

Fiscal Impacts:

Sufficient appropriations have been included in the FY2026-27 budget requests in the following accounts:

Department Account Contract
Amount
Water Utility 521-8100-8101-
2350-0000-000
$50,000
Sewer Utility 522-8200-8200-
2350-0000-000
$50,000
Public Works 100-6150-6160-
2350-0000-000
$20,000
Electric Utility 520-8000-8002-
2350-0923-000
$50,000
Planning Department 100-6300-6301-
2350-0000-000
$50,000
Police Department 100-6070-6071-
2350-0000-000
$10,000

Total $230,000

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. Colton_InfinityTechnologies_GIS_SOW_March_2026

2. Infinity Technologies Contract FY 206-27

March 3
rd, 2026

City of Colton

GIS Support Services

INTRODUCTION
Infinity Technologies would like to thank the City of Colton for the opportunity to provide support for your GIS needs. Infinity Technologies is submitting this scope of work that will provide the City of Colton with GIS staffing to respond to a variety of GIS tasks. We offer these services under a time and materials hourly rate schedule as described in the pages to follow.

Additionally, we have a broad set of experience and expertise to offer IT and GIS services beyond the scope outlined below for any new or special projects. In these instances, we will collaborate with you to develop a budget to ensure they meet your time and cost expectations.

Infinity Technologies is also a business partner with Esri. Partnering with the industry’s leading software provider keeps our staff informed and trained on the very latest advancements in GIS technology.

PROJECT BACKGROUND
Infinity Technologies has been providing GIS support to Colton since June 2025. Early work was focused on gaining access to the full GIS platform and applying updated licensing to keep the GIS operational. Later work has been focused on delivering GIS solutions and products to the Colton departments. Examples of this work included:
• Updating GIS layers (addresses, zoning, street signage, streets, etc....) • Recent work to gain access to a regular update of parcel level geometry and details • Building a new comprehensive GIS application for staff use • Extracting and sending GIS data to the Police Department • Building field mapping solutions to track public works related maintenance operations • Working with the Electric Department to facilitate GIS data updates and GIS access • Researching, organizing and centralizing GIS data to reduce redundant data sources.

Looking to the future, there are several larger tasks that are important to move Colton’s GIS into a modern and stable platform. These include:
• Upgrade to the latest version of ArcGIS Enterprise.
o This project will also require content migration and rebuilding of several GIS solutions and integrated services within the new platform. • Additional mapping applications for staff
• Centralized GIS database in SQL Server
• New mapping applications for the public
• Migration of utility-based GIS content to Utility Network • Establishing GIS data maintenance solutions

Infinity Technologies is prepared to work on these larger projects , while continuing to provide day-to-day GIS support across the city departments.

SCOPE OF WORK
TASK 1. ArcGIS Enterprise Upgrade and Migration
Infinity Technologies GIS staff will work with Colton staff to upgrade the existing GIS platform to the latest version of ArcGIS Enterprise. Project steps will include:
• Working with Colton IT staff to establish a new set of VM servers • Installation of ArcGIS Enterprise
• Migration of all GIS data layers to new SQL server
• Republishing GIS services
• Develop new or re-establish GIS applications for staff • Update and test GIS integration with Community Development permitting solution • Decommission older GIS platform

TASK 2. General GIS Support Services
Infinity Technologies GIS staff will provide timely and accurate GIS products and services. Types of general GIS support may include the following:
• Map creation (hardcopy/PDF)
• Analysis and reporting
• Data updates and maintenance
• Data export requests
• WebGIS solution maintenance/development/development/development (GIS Viewers, Dashboards, Story Maps)

TASK 3. GIS Data Improvement and Editing Solutions
Work with Colton staff to review and prioritize data improvement and editing solutions. • Automate parcel update routine
• Audit and execution of plan to improve water and storm water GIS layers • Develop mapping applications designed to allow Colton staff to maintain key GIS datasets. (addresses, right-or-way assets, water, storm water, etc....) • Field mapping workflow designed to capture park asset information • Develop standard operating procedures that document how key GIS layers are maintained

TASK 4. Mapping Applications for Public Use
Infinity Technologies GIS staff will work with Colton staff to plan and develop new public -facing mapping technology.
• Allow public to quickly look up property related information for (zoning, general plan, council district, garbage day, street sweeping, etc.....) • Park information
• Compatible with mobile browsing customers

TASK 5. Utility Network
Infinity Technologies GIS staff will work with Colton Public Works and Electric staff to review and determine if a plan to move electric and water GIS datasets into Utility Network is tenable and brings long term value to Colton.
• Review and provide recommendations for migrating to Utility Network • Execute plan to migrate Electric and/or Water data to Utility Network • Configure new GIS web mapping applications utilizing the Utility Network data models.

Includes trace isolation, editing solutions, viewer solutions, etc….

COST ESTIMATE

HOURLY RATE SCHEDULE
GIS Services

IT Services

TASK YEAR 1

ESTIMATED
COSTS
YEAR 2

ESTIMATED
COSTS
Task 1 – ArcGIS Enterprise Upgrade and Migration $20,000 - Task 2 – General GIS Support $65,000 $85,000
Task 3 – GIS Data Improvement and Editing Solutions $15,000 $10,000 Task 4 – Mapping Applications for Public Use $5,000 -
Task 5 – Utility Network $50,000 $30,000
TOTALS $155,000 $125,000
GIS CLASSIFICATION HOURLY RATE ($)
REMOTE
HOURLY RATE ($)

ON-SITE
Project Manager 175 185
Enterprise GIS Architect 160 170
Senior GIS Analyst 145 155
GIS Analyst II 130 140
GIS Analyst I 120 130
Senior GIS Technician 115 125
GISTechnician II 110 120
GIS Technician I 100 110
IT CLASSIFICATION HOURLY RATE ($)
REMOTE
HOURLY RATE ($)

ON-SITE
IT Project Manager 175 185
Network Engineer 155 165
Systems Engineer 140 150
Systems Analyst I 125 135
IT Technician I 115 125
Remote Help Desk 105 115

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CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 21st day of April, 2026, by and between the City of Colton, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 650 North La Cadena Drive, Colton, California 92324 ("City") and Infinity Technologies, a Corporation in the State of California, with its principal place of business at 3017 Douglas Blvd, Suite 300, Roseville, CA 95661 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

2.2 Project; Colton Utility Authority.

City desires to engage Consultant to render such professional City of Colton GIS Support Services project ("Project") as set forth in this Agreement. Consultant understands that the City has entered into a Utility System Management Agreement, dated as of September 1, 2000, with the Colton Utility Authority (“CUA”) for the maintenance, management and operation of its Water Enterprise and Wastewater Enterprise (“CUA Management Agreement”). To the extent that this Agreement is deemed to be a "material contract" under the CUA Management Agreement, City enters into this Agreement on behalf of the CUA and subject to the terms of the CUA Management Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from July 1, 2026 to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one- year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written

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23152.06000\30453088.2 -2-

consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Fees and Payments.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed two hundred thirty thousand dollars ($230,000) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

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

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

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

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

3.3 Responsibilities of Consultant.

3.3.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

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

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23152.06000\30453088.2 -3-

taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

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

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

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

3.3.5 City's Representative . The City hereby designates Chad Blais, Public Works & Utility Services Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").

City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City M anager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.2 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

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

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

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

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threa t to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consult ant and shall not be re -employed to perform any of the Services or to work on the Project.

3.3.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).

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

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

3.3.10.1 Employment Eligibility; Consultant . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Ac t of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.

Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work

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authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.3.10 or any of its sub- sections.

3.3.10.2 Employment Eligibility; Subcontractors, Consultants, Sub- subcontractors and Subconsultants . To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.3.10.1.

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

3.3.10.1 or 3.3.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section

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

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

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

3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and

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regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be l imited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3.11 Insurance.

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

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

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

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance

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

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

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

3.3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.4(A).
(B) Automobile Liability . The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, offic ers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.

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Notwithstanding the minimum limits set forth in Section 3. 3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.4(B). (C) Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages . Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

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

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

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

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

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

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

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

3.3.12 Water Quality Management and Compliance.

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

3.3.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, wi thout limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.

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

3.3.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.3.12.2 of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the

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City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting fro m the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.3.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.

3.4 Labor Code Requirements.

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

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting

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from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.

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

3.5 Accounting Records.

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

3.6 General Provisions.

3.6.1 Termination of Agreement.

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

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

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

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

Consultant: Infinity Technologies
PO Box 582404

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Elk Grove, CA 95758
ATTN: Mohammad Ahmed, President

City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: Chad Blais, Public Works & Utility Services Director Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate not ice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

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

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

3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or

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

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

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be di sclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed c onfidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.6.4 Cooperation; Further Acts . The Parties shall fully cooperate with one

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another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.5 Indemnification.

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

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

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

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

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

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

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

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

3.6.11 Assignment or Transfer ; Colton Utility Authority . Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. To the extent that this Agreement is deemed to be a "material contract" under the CUA Management Agreement, Consultant has no right to terminate this Agreement, either with or without cause, based upon the existence or non- existence of the CUA Management Agreement. Therefore, if the CUA Management Agreement expires or terminates for any reason, Consultant shall remain fully obligated to perform under this Agreement on behalf of the CUA or another third party contracted by the CUA for the maintenance, management and operation of the Water Enterprise and/or Wastewater Enterprise.

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

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

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

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

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

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

(BB&K 2024)
23152.06000\30453088.2 -16-

Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

3.7 Subcontracting.

3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON NEXT PAGE]

(BB&K 2024)
23152.06000\30453088.2 -17-

SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF COLTON AND INFINITY

TECHNOLOGIES

CITY OF COLTON INFINITY TECHNOLGIES
a Corporation

By: ____________________________ By: _________________________ William R. Smith Mohammad Ahmed
City Manager CEO

Attest:

____ By: _________________________
Isaac T. Suchil Mohammad Ahmed
City Clerk Treasurer

Recommended for Approval:

_________________________
Executive Director
Colton Utility Authority

Approved as to Form:

______________________________
Best Best & Krieger LLP
City Attorney

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-1

EXHIBIT "A"

SCOPE OF SERVICES
(See Attached Scope)

March 3
rd, 2026

City of Colton

GIS Support Services

INTRODUCTION
Infinity Technologies would like to thank the City of Colton for the opportunity to provide support for your GIS needs. Infinity Technologies is submitting this scope of work that will provide the City of Colton with GIS staffing to respond to a variety of GIS tasks. We offer these services under a time and materials hourly rate schedule as described in the pages to follow.

Additionally, we have a broad set of experience and expertise to offer IT and GIS services beyond the scope outlined below for any new or special projects. In these instances, we will collaborate with you to develop a budget to ensure they meet your time and cost expectations.

Infinity Technologies is also a business partner with Esri. Partnering with the industry’s leading software provider keeps our staff informed and trained on the very latest advancements in GIS technology.

PROJECT BACKGROUND
Infinity Technologies has been providing GIS support to Colton since June 2025. Early work was focused on gaining access to the full GIS platform and applying updated licensing to keep the GIS operational. Later work has been focused on delivering GIS solutions and products to the Colton departments. Examples of this work included:
• Updating GIS layers (addresses, zoning, street signage, streets, etc....) • Recent work to gain access to a regular update of parcel level geometry and details • Building a new comprehensive GIS application for staff use • Extracting and sending GIS data to the Police Department • Building field mapping solutions to track public works related maintenance operations • Working with the Electric Department to facilitate GIS data updates and GIS access • Researching, organizing and centralizing GIS data to reduce redundant data sources.

Looking to the future, there are several larger tasks that are important to move Colton’s GIS into a modern and stable platform. These include:
• Upgrade to the latest version of ArcGIS Enterprise.
o This project will also require content migration and rebuilding of several GIS solutions and integrated services within the new platform. • Additional mapping applications for staff
• Centralized GIS database in SQL Server
• New mapping applications for the public
• Migration of utility-based GIS content to Utility Network • Establishing GIS data maintenance solutions

Infinity Technologies is prepared to work on these larger projects , while continuing to provide day-to-day GIS support across the city departments.

SCOPE OF WORK
TASK 1. ArcGIS Enterprise Upgrade and Migration
Infinity Technologies GIS staff will work with Colton staff to upgrade the existing GIS platform to the latest version of ArcGIS Enterprise. Project steps will include:
• Working with Colton IT staff to establish a new set of VM servers • Installation of ArcGIS Enterprise
• Migration of all GIS data layers to new SQL server
• Republishing GIS services
• Develop new or re-establish GIS applications for staff • Update and test GIS integration with Community Development permitting solution • Decommission older GIS platform

TASK 2. General GIS Support Services
Infinity Technologies GIS staff will provide timely and accurate GIS products and services. Types of general GIS support may include the following:
• Map creation (hardcopy/PDF)
• Analysis and reporting
• Data updates and maintenance
• Data export requests
• WebGIS solution maintenance/development/development/development (GIS Viewers, Dashboards, Story Maps)

T
ASK 3. GIS Data Improvement and Editing Solutions
Work with Colton staff to review and prioritize data improvement and editing solutions. • Automate parcel update routine
• Audit and execution of plan to improve water and storm water GIS layers • Develop mapping applications designed to allow Colton staff to maintain key GIS datasets. (addresses, right-or-way assets, water, storm water, etc....) • Field mapping workflow designed to capture park asset information • Develop standard operating procedures that document how key GIS layers are m
aintained
T
ASK 4. Mapping Applications for Public Use
Infinity Technologies GIS staff will work with Colton staff to plan and develop new public -facing mapping technology.
• Allow public to quickly look up property related information for (zoning, general plan, council district, garbage day, street sweeping, etc.....) • Park information
• Compatible with mobile browsing customers
T
ASK 5. Utility Network
Infinity Technologies GIS staff will work with Colton Public Works and Electric staff to review and determine if a plan to move electric and water GIS datasets into Utility Network is tenable and brings long term value to Colton.
• Review and provide recommendations for migrating to Utility Network • Execute plan to migrate Electric and/or Water data to Utility Network • Configure new GIS web mapping applications utilizing the Utility Network data models.

Includes trace isolation, editing solutions, viewer solutions, etc….

(BB&K 2018)
23152.06000\30453088.2 Exhibit “B”-1

EXHIBIT "B"

SCHEDULE OF SERVICES
The GIS Support Services will commence upon full execution of the contract for the period from June 2, 2025, to June 30, 2026. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one-year terms.

(BB&K 2018)
23152.06000\30453088.2 Exhibit “C”-1

EXHIBIT "C"

COMPENSATION

The total amount for the GIS Support Services under this Agreement shall not exceed Two Hundred Thirty Thousand Dollars and Zero Cents ($230,000) for the period July 1, 2026 to June 30, 2027.

COST ESTIMATE

HOURLY RATE SCHEDULE
GIS Services

IT Services

TASK YEAR 1

ESTIMATED
COSTS
YEAR 2

ESTIMATED
COSTS
Task 1 – ArcGIS Enterprise Upgrade and Migration $20,000 - Task 2 – General GIS Support $65,000 $85,000
Task 3 – GIS Data Improvement and Editing Solutions $15,000 $10,000 Task 4 – Mapping Applications for Public Use $5,000 -
Task 5 – Utility Network $50,000 $30,000
TOTALS $155,000 $125,000
GIS CLASSIFICATION HOURLY RATE ($)
REMOTE
HOURLY RATE ($)

ON-SITE
Project Manager 175 185
Enterprise GIS Architect 160 170
Senior GIS Analyst 145 155
GIS Analyst II 130 140
GIS Analyst I 120 130
Senior GIS Technician 115 125
GISTechnician II 110 120
GIS Technician I 100 110
IT CLASSIFICATION HOURLY RATE ($)
REMOTE
HOURLY RATE ($)

ON-SITE
IT Project Manager 175 185
Network Engineer 155 165
Systems Engineer 140 150
Systems Analyst I 125 135
IT Technician I 115 125
Remote Help Desk 105 115

Item: 5.

Staff Report

Meeting Date: April 21, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Contract Award - Onyx Paving Company - Approve Award of Contract to Onyx Paving Company, Inc. for CDBG COLT-25-1-03K/0326 Alley Paving and Sidewalk Improvement Project in the amount of $333,000, Resolution No. R-32-26.

Recommended Action:

1. Authorize the contract award for the CDBG COLT-25-1-03K/0326 Alley Paving and Sidewalk Improvement Project to Onyx Paving Company, Inc. as the lowest responsive and responsible bidder in the amount of $330,000 and authorize the City Manager to execute the contract agreement.

2. Approve Resolution R-32-26 amending the Fiscal Year 2025/2026 Capital Improvement Program budget for the Project.

Background:

On December 17, 2024, the City Council adopted Resolution No. R-122-24, approving the final prioritized list of CDBG projects, including the CDBG COLT-25-1-03K/0326 Alley Paving and Sidewalk Improvement Project. The project includes improvements along the following streets and alleys:

1. Alley paving - between F St. and G St., 12th St. to 13th St.

2. Alley paving – between E St. and F St., 12th St. to west end

3. Alley paving – between C St. and D St., east of Pennsylvania Ave.

4. Sidewalk installation – area north of Citrus bet. Mt. Vernon Ave. and Bordwell Ave.

These projects were reviewed and approved by the CDBG Ad Hoc Committee on October 22, 2024. Attached is the project plan that shows the improvement and location of each alley and street.

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 February 20, 2026, and February 27, 2026. On March 12, 2026, staff received and opened the following bids:

Contractor Bid Amount

1. Onyx Paving Company, Inc. $333,000.00

2. DM Contracting Inc. $352,354.00

3. Van Engineering $369,897.00

4. Roadway Engineering & Const. Corp. $525,520.00

Staff reviewed and evaluated submitted bids and recommend awarding the attached construction contract to Onyx Paving Company, Inc. as the lowest responsive and responsible bidder for the CDBG COLT-25-1-03K/0326 Alley Paving and Sidewalk Improvement Project in the amount of $333,000. Onyx Paving Company, Inc. completed several street improvement projects in the City of Colton and several cities in Los Angeles County and San Bernardino County.

Fiscal Impacts:

On March 31, 2026, San Bernardino County approved the request to reallocate unspent CDBG fund (see attached CDBG Attachment A) in the amount of $72,818 to CDBG COLT-25-1- 03K/0326 Alley Paving and Sidewalk Improvement Project. The table below shows available project funding upon approval of attached Resolution No. R-32-26:

Account. No. Original
Funding
Amt.

Balance Resolution
R-32-26
Total Onyx
Contract
215-2625-6920-3890 $40,000.00 $14,800.00 $72,818.00 $87,618.00 $59,472.49 215-2626-6920-3890 $64,000.00 $64,000.00 $64,000.00 $64,000.00 215-2627-6920-3890 $64,000.00 $64,000.00 $64,000.00 $64,000.00 215-2628-6920-3890 $64,000.00 $64,000.00 $64,000.00 $64,000.00 215-2629-6920-3890 $82,391.00 $81,527.51 $81,527.51 $81,527.51 Total $314,391.00 $288,327.51 $72,818.00 $361,145.51 $333,333.00

The total balance for these accounts after approval of Resolution No. R-32-26 is $361,145.51, which is enough to cover Onyx Paving Company, Inc. contract in the amount of $333,000.

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. Project Plan - CDBG COLT-25-1-03K-0326

2. Onyx Paving Company - Construction Contract

3. Resolution Amending the Budget

4. CDBG 0326 Revised Attachment A

CONTRACT
1 CITY OF COLTON

CONSTRUCTION CONTRACT
COMMUNITY DEVELOPMENT BLOCK GRANT CDBG COLT-25-1-03K/326 – TARGET AREA ALLEY AND

SIDEWALK IMPROVEMENT PROJECT

1. PARTIES AND DATE.

This Contract is made and entered into this 21st day of April 2026 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 Onyx Paving Company, Inc. a corporation, with its principal place of business at 22707 La Palma Ave., Yorba Linda, CA, 92887 (“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 concrete curb, gutter, sidewalk, ADA ramps and asphalt paving 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 Community Development Block Grant CDBG Colt -24-1-03K/301 – Target Area Alley and Sidewalk Improvement Project (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, performance bond, payment bond, insurance documents and other certifications as required by the Contract.

3. TERMS

3. 1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
• Federal Requirements (Exhibit “G”)
• Addenda
• Change Orders executed by the City

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

3. 1.1 Precedence. To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.

3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special 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 shall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, mark-ups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Nothing herein shall prevent the Parties from agreeing to a lump sum cost.
(A) Changes Ordered By City. City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a C hange O
rder 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 bei ng
det
ermined.
(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

CONTRACT
3 rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

3.2.2 Substitutions/”Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or 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 45 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 schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of 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.

CONTRACT
4 3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.

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

3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law.

Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the 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 Three Hundred Thirty Three Thousand and 00/100 Dollars ($333,000.00) (“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 w ill 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 t
he 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.

CONTRACT
5 3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code.

However, no progress payments will be made for Work not completed in accordance with this Contract.

Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

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

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

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6 comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

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

3.8 Labor

3.8.1 Prevailing Wages. Contractor is aware of the requirements of the Federal Wages (Davis-Bacon Act) and 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 compensat ion 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 primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

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

3.8.4 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10 -day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner.

A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor. In accordance with Labor

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

3.8.5 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations.

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

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

3.9 Performance of Work; Jobsite Obligations.

3.9.1 Water Quality Management and Compliance.

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

3.9.1.2 Compliance with the Statewide Construction General Permit .

Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board ( “Permit”). It shall be Contractor ’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor ’s sole responsibility to update the SWPPP as necessary to address conditions at the project site. Without

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8 in any way diminishing Contractor's sole responsibility for obtaining coverage under, and complying with, the Permit, the City will use reasonable efforts to assist Contractor in filing the Notice of Intent when the City's participation is required by the Permit.

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

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.

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

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

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

3.9.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

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

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

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10 District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel- powered engine. Contractor shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Contract.

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

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

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

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

3.9.11 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition.

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

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11 3.11.2 The following requirements apply to all contracts entered into after January 1, 1991, and all claims to which this section applies:

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

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

3.11.2.3 Supporting Documentation: The Contractor shall submit all claims in the following format:
(1) Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is m
ade
(
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
w
ritten 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 t
he mutually agreed to extension of time following receipt of a claim sent by

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12 registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45 -day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
(2) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.
(3) The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a peri od
of
time no greater than that taken by the Contractor in producing t he addi
tional 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 m
ediator 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 connecti on w
ith 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 w
hich an independent third party or board assists the parties in disput e r
esolution 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, th e m
ediation 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

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13 single mediation, unless a new unrelated claim arises after mediation is completed.
(5) If following the mediation, the claim or any portion remains in dispute, t he C
ontractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and C
hapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of
Title 1 of the Government Code. For purposes of those provisions, t he r
unning of the period of time within which a claim must be filed shall be tolled f
rom the time the Contractor submits his or her written claim pursuant t o s
ubdivision (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 pl
eadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was hel d pr
ior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediatio n pr
ocess shall provide for the selection within 15 days by both parties of a di
sinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from t he c
ommencement of the mediation unless a time requirement is extende d upon a good
cause showing to the court.
(2) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. (A) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.11.2.8 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Section 900, et seq. prior to filing any lawsuit against the City.

Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

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14 3.11.2.9 City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.

3.12 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to 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 and San Bernardino County, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract , including without limitation the payment of all expert witness fees, attorneys’ fees, and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

3.13.2 Additional Indemnity Obligations . Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City and San Bernardino County 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 and San Bernardino County or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City and San Bernardino County 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 San Bernardino County and its officials, employees, agents and volunteer s, 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 and San Bernardino County, 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.

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15 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:

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) A
utomobile 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 i
nsurance as required by the State of California and Employer’s Liability Insurance; and (4) Builders’/All Ris
k: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City).

Policies shall not contain exclusions contrary to this Contract, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another.

3.14.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability : $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Contract/location or the general aggregate limit shall be twice the required occurrence limit ; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; (3) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California. Employer ’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease; and (4) Builders’/All Risk: Completed value of the project. Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

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

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

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

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16 coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self -insurance shall be called upon to protect it as a named insured. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwit hstanding 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

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17 $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits.

3.14.7 Deductibles and Self -Insurance Retentions. Any deductibles or 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

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18 replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City , cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City . If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.15.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be 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

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19 related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

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

3.18 General Provisions.

3.18.1 City’s Representative. The City hereby designates the Director of Public Works and Utility Services 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)
day
s of the request. The City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Work, including, without limitation, any overhead and profit on the portion of the Work that is terminated and shall not be entitled to damages or compensation of any kind or nature for termination of Work.

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

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20 3.18.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract.

This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

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

CONTRACTOR:

ONYX PAVING COMPANY, INC.
22707 LA PALMA AVE.

TORBA LINDA, CA 92887
ATTN: COREY R. KIRSCHNER, CEO
CITY:

CITY OF COLTON
650 NORTH LA CADENA DRIVE
COLTON, CA 92324
ATTN: CHAD BLAIS, DIRECTOR OF PUBLIC WORKS AND UTILITIES 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.

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21 3.18.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

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

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.

3.18.20 Federal Provisions. When funding for the Work is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the provisions included in Exhibit “G” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements

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22 and the terms of this Contract and/or the provisions of state law, the more stringent requirement shall control.
[Signatures on Next Page]

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23 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE CITY OF COLTON
AND ONYX PAVING COMPANY, INC.

IN WITNESS WHEREOF, the Parties have entered into this Contract as of the 21st day of April 2026.

CI
TY OF COLTON ONYX PAVING COMPANY, INC.

A Corporation
B
y: ____________________________ By: _________________________ William R. Smith Corey R. Kirschner
City Manager CEO
A
ttest:
____
By: _________________________
Isaac T. Suchil
City Clerk
__
630360 - A, C-12____________________
C ontractor’s License Number/Classification
__
1000004798________________________
D IR Registration Number
A
pproved as to Form:
______________________________

Best Best & Krieger LLP
City Attorney

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24 EXHIBIT “A”

SERVICES / SCHEDULE

CONTRACT
25 EXHIBIT “B”
PLANS

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26 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
27 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.

Onyx Paving Company, Inc.

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

CONTRACTOR REGISTRATION CERTIFICATION
28 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: Onyx Paving Company, Inc.

DIR Registration Number: 1000004798
DIR Registration Expiration:_06-30-2028_________________________ Small Project Exemption: _____ Yes or _X_ 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
29 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 CDBG COLT-25-1-03K/0326–Target Area Alley and Sidewalk Improvements (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
30 (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
31 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
32 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

33 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: CDBG COLT-25-1-03K/0326–Target Area Alley and Sidewalk Improvements (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 tr uly 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 su ch 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

34 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 payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted resciss ion 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 rel eased 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

35 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 ___________________________________________ Agent or Representative for service
of process in California)

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

37 EXHIBIT “G”

FEDERAL REQUIREMENTS

ATTACHMENT D

Community Development and Housing
(CDH)

CONSTRUCTION CONTRACT

LABOR COMPLIANCE PROVISIONS
(Attachment D)

NOTICE TO BIDDERS

COUNTYWIDE VISION
The project(s) implemented with these funds assist in meeting an element of the Countywide Vision for sustainable infrastructures and housing as adopted by the County Board of Supervisors and San Bernardino County Transportation Authority on June 30, 2011.

PROJECT FUNDING SUBJECT TO FEDERAL PREVAILING WAG E REQUIREMENTS Bidders are advised that federal funds are being used for this project and that as a result, certain requirements are to be imposed , depending upon the source of the federal funds. Sour ces may include Community Development Block Grant (CDBG) funds, N eighborhood Stabilization Program (NSP) funds and/or HOME Investment Partnerships Program (HOME) funds. The utilization of these federal funds on a project will require the payment of federal prevailing wages under the Davis-Bacon and Related Acts (“DBRA”) (40 USC §3142, 40 USC §§ 276a- 276a-7, 29 CFR Part 5) , which will be enforced when the contract amount for the Prime Contract exceeds $2,000. The Prime Contractor is responsible for ensuring all Subcontractor(s) and lower tier Subcontractor(s) comply with DBRA. Also, Federal Labor Standards Provisions (HUD-4010) apply and are attached.

A copy of the Federal Prevailing Wage Decision, the date of which reflects the latest applicable modification at the time of the bid advertisem ent, shall be included. Bid ders shall be notified, via Addendum, of modifications, if any, which supersede that modification included herein, up until a minimum of ten days prior to the actual Bid Opening for this project. Bidder can obtain Davis-Bacon Act Wage Decision(s) at: https://sam.gov/content/home.

Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity - The bidder's attention is called to the "Equal Opportunity Clause” and "Standard Federa l Equal Employment Specifications" contained in the bid package. Goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, is 19% for minorities and 6.9% for women.

PROJECT FUNDING SUBJECT TO STATE PREVAILING WAGE REQUIREMENTS Bidder is advised and certify by bidding on this project that bidder (including any and all sub- contractors) is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” p rojects. Section 1720 of the California Labor Code states in part: “For purposes of this paragraph, ‘construction’ includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction including, but not limited to, inspection and land surveying wor k, regardless of whether any further construction work is conducted, and work performed during the post -construction phases of construction, including, but not limited to, all cleanup work at the jobsite.” If the Services/Scope of Work are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws , and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services/Scope of Work available to interested parties upon request and shall post copies at the Contractor’s principal place of business and at the project site. Contractor will also adhere to any other applicable requirements, including but not limit ed to, those regarding the employment of apprentices, travel and

subsistence pay, retention and inspection of payroll records, workers compensation and forfeiture of penalties prescribed in the Labor Code for violations. Contractor shall defend, indemnify and hold the County, its elected officials, officers, employees and agents free and harmless fro m a ny cla ims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with Prevailing Wage Laws.

Upon request by bidd er a copy of the Director’s General Prevailing Wage Determination(s), the date of which reflects the latest applicable modification at the time of this bid advertisement will be furnished. Bidders shall be notified, via Addendum, of modifications, if any, which supersede that wage determination. Bidder can obtain a copy of the Director’s General Prev ailing Wage Determination(s) at: http://www.dir.ca.gov/OPRL/dprewagedetermination.htm.

PROJECT(S) SUBJECT TO FEDERAL AND STATE PREVAILING WAGE REQUIREMENTS When the project(s) is subject to both the State (CA) and Federal (Davis-Bacon) prevailing wage rate laws, and when federal funds trigger prevailing wage requirements as determined under the Davis Bacon Act, the higher of the two, the State prevailing wage rate and the Davis-Bacon (federal) wage rate and the most restricted prevailing wage regulation(s) will apply to each job classification, and the project(s), unless applicable law requires otherwise.

TABLE OF CONTENTS
• CONSTRUCTION CONTRACT PROVISIONS – DEFINITIONS
• LABOR COMPLIANCE REQUIREMENTS
• REQUIRED DOCUMENTS (including eDocuments)
• FEDERAL LABOR STANDARDS PROVISIONS (HUD 4010)
• SECTION 3 24 CFR 75 PART, SUBPART A-D
• AFFIRMATIVE ACTION COMPLIANCE GUIDELINES FOR CONSTRUCTION AND

NON-CONSTRUCTION CONTRACTORS
• EQUAL OPPORTUNITY CLAUSES
• CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
• SAMPLE DOCUMENTS
• DAVIS-BACON WAGE DETERMINATION

CONSTRUCTION CONTRACT PROVISIONS - DEFINITIONS
The following are definitions of State and federal provisions/documents for federally-assisted projects.

NOTE: Please refer to the “Required Documents” table for any document s to be completed and submitted for this project. The term “Contractor” or “Contractor’s” are used throughout this document and may refer to the Prime Cont ractor, S ubcontractor and/or lower tier Subcontractor. See the “Required Documents” table for information on which Contractor(s) are required to submit each document.

Affirmati
ve Action Compliance Guidelines f or Construction or Non -Construction Contractors – Generally, affirmative action requirements apply to contracts and subcontracts in excess of $10,000. This document provides gui delines to assist all Contractors, as identified on the “Required Documents” table, meet affirmative action and Equal Employment Opportunity requirements set forth in f ederal regulations 41 CFR 60.

Affirmative Action Compliance Form For Construction Contracts Over $10,000 (LCF DB16- 2.2) – eDocument affirming all Contractors, as identified on the “Required Documents ” table, understand ing and implementation of Affirmative Action Compliance requirements.

Authorization For Payroll Deduction(s) (LCF 16- 1.4) – eDocument signed by any employee of the Contractor, as identified on the “Required Documents” table, who has “Other/Garnish” payroll deduction.

Bid Bond − A bid guarantee of at least 10% of the contract price is required from each bidder and must be submitted with the Bid.

Business Certification – Business certification includes Disadvantaged Business Enterprise ( DBE) - Disadvantaged Veteran Business Enterprise (DVBE) – Local Business Enterprise (LBE) – Minority Business Enterprise (MBE) – Small Business Enterprise (ESBE) – Women Business Enterprise (WBE).

Certificate of Owner’s Attorney − This certificate is to be completed by the owner’s att orney w hen applicable.

Certificate of Understanding and Authorization Form (LCF 16- 1.2) – eDocument signed by all Contractors, as identified on the “Required Documents” table, certifying the most current “Davis-Bacon Labor Standards” has been read and understood.

Certification of Bidder Regarding Equal Employment Opportunity (LCF DB16 -2.1) – eDocument certification required by all Contractors, as identified on the “Required Documents” table, by federal regulations (41 CFR 60).

Certification of Compliance w ith Air a nd Water Acts − All Contractors, as identified on the “Required Documents” table, must comply with this certification when the contract exceeds $100,000.

Checklist of Labor Law Requirements (LCF CA16- 3.1) – eDocument signed by al l Contractors, as identified on the “Required Documents” table, acknowledging awareness of the applicable labor law requirements.

Contractor’s Certification of Compliance with Davis- Bacon and Related Acts (LCF DB16- 2.0) – eDocument certification required by all Contractors, as identified on the “Required Documents” table, by federal law (29 CFR 5).

Davis-Bacon Act Wage Decision − The Davis -Bacon Act Wage Decision contains the wage rates for construction projects within San Bernardino County. A copy of the Davis -Bacon Act Wage Decision is

included in the bid package and can also be found at https://www.sam.gov. The wage dec ision that applies to the project is the one in effect ten days prior to the bid opening date. eDocuments – Labor compliance documents required to be submitted by all Contractors, as identified on the “Required Documents” table, electronically prior to Certified Payroll submission. Each eDocument is listed by name in the definitions herein.

Equal Employm ent Opportunity Clauses/Equal Employment Opportunity Construction Cont ract Provisions − These provisions are to be inserted in all applicable federally assisted contracts and subcontracts.

E-signature Authorization (LCF 16- 1.0) – eDocument signed by an owner, partner, executive officer, and all duly authorized “Designee” employee(s) of all Contractors, as identified on the “Required Documents” table, who have authority to enter into agreements on behalf of C ontractor and who will be uploading eDocuments and/or certified payroll records (CPR)s into LCPtracker. This document must be notarized with an “Acknowledgment” form and will be valid for a period of one (1) calendar year from the signature date.

Federal Labor Standards Provisions (HUD -4010 form ) − These provi sions set forth the federal labor requirements for Contractors working on federally assisted construction projects in which the prime contract exceeds $2,000. Contractor s are required to pay their laborers and mechanics working onsite a wage as specified in the FEDERALLY FUNDED PROJECTS section of this provision. The P rime Contractor is responsible to include the Labor Compliance Contract Addendum in all executed Subcontractor/Sub- Tier contracts for the project(s).

Fringe Benefit S tatement ( LCF 16- 1.3) – eDocument si gned by al l C ontractors, as i dentified on the “Required Documents” table, identifying bona fide Fringe Benefits in which their employees are participating.

Labor and Materials Bond − This payment bond guarantees that employees/ Subcontractors, and suppliers are paid for services rendered and materials supplied. The Labor and Materials Bond must be at least 100% of the contract price and must be submitted to the CITY/COUNTY upon award of the contract.

LCPtracker – County C ommunity Development and H ousing D epartment ( CDH)’s O nline Certified Payroll System.

Performance Bond − This bond guarantees the Contractor 's performance under the terms of the construction contract and must be at least 100% of the contract price and submitted to t he CITY/COUNTY following award of the contract.

Project Wage Rate Sheet (LCF 16-1.1) – eDocument used by all Contractors, as identified on the “Required Documents” table, to list all labor classifications and wage rate (s) applicable for the project to be se t up in LCPtracker for CPR submittal.

Section 3 (24 CFR Part 75, Subpart A -D) − This law applies to all housing rehabilitation, hou sing construction and other public construction projects contrac t exceeding $20 0,000 o r more of housing and community development financial assistance from one or more U.S. De partment of Housing and Urba n Development (HUD) programs.

Section 3 Resource Participation Certificate (LCF DB16-2.4) – eDocument to certify that all Contractors, as identified on the “Required Documents” table, have read the County’s Section 3 Plan and contacted the resources provided for information on participating in the program.

Section 3 Actions and Outcomes (LCF DB16-2.5) – eDocument signed by all Contractors, as identified on the “Required Documents” table, to certify how the Contractor will implement Section 3 hiring practices for the project.

LABOR COMPLIANCE REQUIREMENTS
Project Bidding

1. Borrower , Prime Contractor, Subcontractor, and every Sub-Tier contractor shall include this CONSTRUCTION CONTRACT LABOR COMPLIANCE PROVISIONS (Attachment D) in a ll bid documents for Prime Contractor(s), Subcontractor(s) and every Sub-Tier contractor(s) and must clearly state the appropriate prevailing wage rate(s) ( i.e., Federal, State, commercial and/or residential and the dat
e of the appropriate wage schedule) for the project(s).

Construction

1. Borrower, Prime Contractor, Subcontractor, and every Sub -Tier contractor shall include the D avis Bac
on/California LABOR COMPLIANCE CONTRACT ADDENDUM (DB/CA LCCA) attachment and must clearly state the appropriate prevailing wage rate(s) ( i.e., Federal, State, commercial and/or residentia l and
the date of the appropriate wage schedule) for the project(s) in every executed agreement (i.e. , contract, purchase order, on-call, etc.) on the project(s).

2. B
orrower shall ensure that the Prime Contractor, prior to accepting prospecti ve Subcontractor(s) bid(s) and any Subcontractor accepting prospective lower tier Subcontractor(s) bid(s), has confirmed that eac h Subc
ontractor’s and lower tier Subcontractor bid is based on the appropriate prev ailing wage rate(s) and the correct job classifications for the work to be performed on the project(s) under the subcontract.

3. P
rime Contractor, Subcontractor, and every lower tier Subcontractor shall maintain c opies of their executed contract(s) for the project(s) and shall provide to CDH a copy of such executed contract(s) upon request within no more than three (3) business days.

4. P
rior to construction start, CDH will conduct a mandatory Labor Compliance Pre-Construction Meeting(s).

Pri
me Contractor, Subcontractor, and every lower tier Subcontractor working on the project(s) shall have, in attendance from their office, a representative responsible for managing the duties of prevailing w age l
abor compliance. Items to be discussed include, but are not limited to , Federal and State labor law requirements applicable to the project(s), prevailing wage requirements, respective record- keeping r
esponsibilities, the requirement for submittal of certified payroll records to CDH, compliance documents and the prohibition ag ainst discrimination in employment, required signage, sign- in sheets/daily logs , c
ontract language, WMBE reporting, employee reporting, possible audits, etc. The meeting will be canceled and rescheduled if Prim e Contractor, Subcontractor, and /or every lower tier Subcontractor working on the project(s) representative responsible for managing the duties of prevailing wage labor compliance fail to attend the meeting unless authorized to do so by CDH in writing prior to the meeting.

5. P
rime Contractor shall maintain at project site(s) daily log/sign-in sheets. Daily log/sign-in sheets shall be separated by company . S heets shall be written in English and Spanish (and other languages, as appropriate) and shall include CDH and any project labor consultant nam e and phone number of the current wage monitor, for any worker to contact if there are any questions or concerns about their wages or any other concerns about the project. Prime Contractor shall enforce that all workers employed on site m
ust sign in at the job site daily including time-in, time-out and lunch period (including any applicable travel time to and from project site) . The workers must identify the P rime Contractor, Subcontractor and any lower tier Subcontractor for whom they are working and thei r job class ification. Daily log /sign-in s
heets shall be emailed to CDH no more than seven (7) days from the end of the scheduled project work week. If requested in writing by CDH, Prime Contractor shall provide to CDH any requested daily log/sign-in sheet copies within no more than three (3) business days of request. Workers who are subject to split-classifications during their tour of duty on the project(s) site shall edit the daily log/s ign-in sheets on day’s worker duties triggered split -classifications assignment to reflect their actual hours worked in each classification.

6. Prime Contractor, Subcontractor, and every lower tier Subcontractor shall complete in its entirety a Project ID Card for each worker employed on the worksite of the project(s). The Project ID Card shall be c
ompleted within five (5) days of execution of contract award for project(s) or before worker(s) begins employment on the project(s) site. The Project ID Card template shall be downloaded from LCPtracker.

Pr
ime Contractor, Subcontractor, and every lower tier S ubcontractor may use an equivalent Project ID form if approved by CDH in advance and in writing. Prime Contractor, Subcontractor, and every lower tier Subcontractor shall be responsible for furnishing and requiring each worker employed on the worksite to have in possession and/or display such identification card as may be approved and directed by CDH or its designee. Any worker(s) employed on project (s) site found to be without their Project ID Card may be removed from site until Project ID Card is rest ored. Any Prime Contractor, Subcontractor , and every lower tier Subcontractor who falsifies information on a Project ID Card and/or knowingly reports incorrect information regarding a worker employed on p roject(s) site shall be di smissed and removed from t he project and barred from conducting f urther business on the project. Workers need to consider wearing heavy duty ID card holders, as they work in extremely physical environments.

7. CDH
and/or its des i
gnee shall conduct employee interviews and Prime Cont ractor, Subcontractor, and every lower tier Subcontractor agrees to have their employees interviewed for the purposes of prevailing wage compliance. Employee interviews should be conducted at a frequency and number sufficient t o est
ablish the degree of adequacy and accuracy of the CPR, and the nature and extent of any violations.

They should also be representative of all classifications of employees on the project. (29 CFR 5.6 (a) (3)).

I
n doubtful compliance situations, int erviews with former emplo yees may be appropriate. Employ ee in
terviews are intended to be private from their employer and Prime Contractor agrees allow CDH and/or its designee to conduct such interviews. Each employee should be informed that the information given is confidential, and that his/her identity will not be d isclosed to the employer without the employee’s written p
ermission. CDH and/or its designee shall conduct at least one set of wage interviews wit h a r
epresentative group of workers during the project construction (PWRB 2013, Investigative Procedures Under Davis Bacon Related Act/Contract Work Hours and Safety Standards Act ). CDH and/or its designee must conduct additional interviews if there is any reason to suspect a C ontractor or their Subcontractor is at risk for violating wage requirements. As provided in 29 CFR 5.6(a)(5 ), all interviews must be conducted in confidence.

8. A
s permitted by D epartment of Labor, HUD, projects subject to DBRA and Title 8, section 16404 of the California Code of Regulations, allows Prime Contractor, S ubcontractor and every lower tier Subcontractor to submit a weekly CPR electronically. Prime Contractor, Subcontractor, and every lower tier Subcontractor agrees to use LCPtracker and shall submit weekly CPR’s as required during the term of
construction on the proj ect(s). LCPtracker is a web -based software CDH utilizes to collect, verify and m
anage prevailing wage certified payrolls and related labor compliance documentation.

P
rime Contractor, Subcontractor and every Sub -Tier shall submit, via electronic submission, documents as requi red b y CDH, which may include, but is not limited to Certified P ayroll Records ( CPR)s, S
tatements of Compliance and other required documents. Prime Contractor, Subcontractor and every Sub-Tier and/or their designee shall sign the E(Electronic )-Signature Authorization Agree ment, which must be notarized w ith an “Acknowledgment”, and establish a Personal Identification Number ( PIN), on LC
Ptracker. Prime Contractor, Subcontractor and every Sub- Tier will electronically sign , by use of their established PIN, all documents requiri ng a signature that are submitt ed to CDH via LCPtracker. Prime Contractor, Subcontractor and every lower tier Subcontractor agree that their PIN, once established on LC
Ptracker, constitutes their electronic signature and understands that any information an d documents submitted using their PIN is electronically certifying their signature. Prime Contractor, Subcontractor and every lower tier Subcontractor understand that they are legally bound, obligated, and responsible by use of their PIN/electronic signature as much as would be by their handwritten signature.

9. To
meet labor compliance requirements, CDH requires that each Prime Contractor, Subcontractor, and every lower tier Subcontractor agrees to complete and submit all require d eDocuments on LCPtracker.

All eDocuments are ac cessed, submitted and approved through LCPtracker. All eDocuments are submitted through CDH’s Online Certified Payroll System using a PIN . If requested in writing by CDH, Prime Contractor, Subcontractor, and every lower tier Su bcontractor shall provide to CDH any additional requested compliance documentation within no more than three (3) business days of request.

O
ne of the documents that will be required to be uploaded in LCPtracker as part of the eDocuments, is a City business license or a letter stati ng the reasons why no business license is required. All contractors performing work on a project site located within an incorporated city must possess or obtain that city’s business license. However, if the project is located i n an unincorporated area of the County, and the contractor’s business is located in an incorporated city, the contractor must possess or obtain a business license within the city where their business is located. An e xception to the business license requirement will be aA letter explaining the exception to the business license requirement, if the contractor’s business and the project work site are both located in an unincorporated area of the County.

P
rime Contractor, Subcontractor, and every lower tier Subcontractor agree to do the following on project(s):

A. Submit a hard copy of the Electronic Signature Authorization form within five (5) working days of executed contract - to establish a Personal Identification Number (PIN)) Form must be completed and signed by a company owner, partner, executive officer or designee (if applicable) before a contractor may establish a PIN and electronically sign documents online.

B. Complete Project ID cards as specified.

C. Submit required eDocuments online within ten (10) working days of executed contract.

D. Submit *non-required eDocuments and other documentation online as specified.

E. Submit CPRs online within ten (10) working days of the work week’s ending date.

F. Submit one CPR online per project, per week.

G. Report all workers, including owners, partners and superintendents, who were onsite.

H. All contractors must submit CPRs online from the start of the project until the time that they finish t
heir work on the project.

I. All contractors must submit a Statemen t of No n-Performance online to certify that no work was performed by their company for any week of the project they are not working.

J. All contractors must submit a final CPR online for the last week they are working on-site.

K. All contractors must pay every worker on a weekly basis (if applicable).

L. All CPRs must indicate check number or direct deposit transaction number. (*Non-required eDocuments are those eDocuments which are not mandatory per LCPtracker; however, which may be required for a particular job on a case-by-case basis as specified.)

REQUIRED DOCUMENTS

DOCUMENT QUICK REFERENCE
Document Name/Number
Prime Contractor – Due prior to Pre-Construction Conference Executed Contract/Purchase Order (FLCCA and/or SLCCA must be attached) Bonds (Performance/payment or labor and material bonds) Prime/Subcontractor – Due prior to Start of Work
Contractor Information Form2 (LCF 16-100)
Copy of all executed Sub-Contractor contracts (FLCCA and/or SLCCA must be attached) 2 Business Certification (LCF 16-SAM 2) 2
E-Signature Authorization Annual Form (Must be notarized) (LCF 16-1.0) 2 Affirmative Action Compliance Form for Construction Contracts over $10,000 (LCF DB16-2.2)*3 Affidavit of Compliance with California Prevailing Wage Law (LCF CA16-3.4) 5 Apprentice and Trainees Acknowledgement (LCF 16-XX) 4
Certification of Bidder Regarding Equal Opportunity (LCF DB16-2.1)*3 Certification of Understanding and Authorization Form (LCF 16-1.2)*3|4 Checklist of Labor Law Requirements (LCF CA16-3.1) 5
City Business License/Exception Letter2
Contractor’s Certification of Compliance with Davis-Bacon and Related Act Requirements (LCF DB16-2.0)*3 Fringe Benefit Statement Form (LCF 16-1.3)* 4
Labor Compliance Contract Addendum – LCCA2
Project Wage Rate Sheet*2(LCF -16-1.1)
Public Works Contract Award Information (DAS 140) (LCF CA16-3.2) 5 Request for Dispatch of an Apprentice (DAS 142) (LCF CA16-3.3) 5 Section 3 Actions and Outcomes (LCF DB16-2.5) 3
Section 3 Resource Participation Certificate (LCF DB16-2.4)3 Section 3 Business Certification (LCF DB 16-2.6)
Section 3 Worker/Targeted Worker Eligibility Form (LCF DB 16-2.7) Section 3 Cumulative Report (LCF DB 16-2.8)
Prime/Subcontractor – Due Progression of Work – Weekly
Authorization for Payroll Deduction (LCF 16-1.4)*3
Department of Industrial Relations – Apprentice Certification (LCF 16-SAM 5) 5 Department of Labor Apprenticeship Certification (LCF 16-SAM 4)* 3 Apprenticeship Program Appendix A*3
Prime/Subcontractor – Due Progression of Work – Monthly Training Fund Contribution (LCF 16-SAM 8) 4|5
DIR – eCPR Submission Confirmation (LCF 16-SAM 9) 5
Ready-Mix Concrete Driver Certified Time Record (LCF 16-SAM 10)5 Prime/Subcontractor – Due Progression of Work – As Needed C-10 Electrical Certification /Electrical Trainee (LCF 16-SAM 11)5 Employee CPR Certified Documentation1|2
*These forms are located on the LCPtracker online database discussed in, “Electronic Submission of Certified Payrolls” section and will be discussed by County CDH staff at the preconstruction conference. 1 If applicable to contractor
2 Applies to all regardless of Funding
3 Federal Funds ONLY (Davis-Bacon)
4 Federal and State Funds
5 State Funds ONLY

STATE PREVAILING WAGE REQUIREMENTS
A. All or a portion of the Scope of Wor k in the Contract or Purchase Order (as applicable) requires the payment of prevailing wages and compliance with the following requirements. (1) Determination of Prevailing Rates
Pursuant to Labor Code sections 1770, et seq., the County has obtained from the Director of the Department of Industrial Relations (DIR) pursuant to the California Labor Code, the general prevailing rates of per diem wages and the prevailing rates for holiday and overtime work in the locality in which the Scope of Work is to be performed. Copies of said rates are on file with the County, will be made available for inspection during regular business hours, may be included elsewhere in the specifications for the Scope of Work, and are also available online at www.dir.ca.gov. The wage rate for any cl assification not listed, but which may be required to execute the Scope of Work, shall be commensurate and in ac cord with spe cified rates for similar or comparable classifications for thos e performing similar or co mparable duties. In accordanc e with Labor Code section 1773.2, the Contractor shall post, at appropriate and conspicuous locations on the jobsite, a schedule showing all applicable prevailing wage rates and shall comply with the requirement s of Labor Code sections 1773, et seq.
(2) Payment of Prevailing Rates
Each worker of the Contractor, S ubcontractor, lower tier Subcontractor engaged in the Scope of Work, s hall be paid not less than the general prevailing wage rate, regardless of any contractual relationship which may be alleged to exist between the Contracto r, Sub contractor, lower tier Subcontractor and their respective worker(s). California law prohibits the use of credits for Employer Payments to reduce the obligation to pay the hourly straight time or overtime wages specified as the Basic Ho urly Rate in the general prevailing wage determination.
(3) Prevailing Rate Penalty
The Contractor shall, as a penalty, forfeit two hundred dollars ($200.00) to the County for each calendar day or portion thereof, for each worker paid less than the prevailing rates as dete rmined by the Director of the DIR for such work or craft in which such worker is employed by the Cont ractor, Subcontractor or lower tier Subcontractor in connection with the Scope of Work. Pursuant to California Labor Code section 1775, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Prime Contractor, Subcontractor or lower tier Subcontractor. (4) Ineligible Contractors
Pursuant to the provisions of Labor Code section 1777.1, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a Prime C ontractor, S ubcontractor, or lower tier Subcontractor on a public works project. This list of debarred contractors is available from the DIR website at http://www.dir.ca.gov/Public -Works/PublicWorks.html. Any contract entered into between a Prime Contractor and a debarred subcontractor is void as a matter of law. A debarred S ubcontractor may not receive any public money for performing work as a S ubcontractor on a public works contract, and any public money that may have been paid to a debarred Subcontractor by a Prime Contractor on the project s hall be returned to the County. The Prime Contractor shall be responsible for the payment of wages to work ers of a debarred Subcontractor or lower tier Subcontractor who has been allowed to work on the Scope of Work. (5) Payroll Records
Pursuant to California Labor Code section 1776, the Prime Contractor, S ubcontractor, and lower tier Subcontractor shall keep accurate certified payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each d ay and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by them in connection with the Scope of Work. Each payroll record enumerated herein shall contain or be verified by a

written declaration that it is made under penalty of perjury stating both of the following: (1) the information contained in the payroll record is true and correct and (2) the Prime Contractor, Subcontractor, or lower tier Subcontractor has complied with the requir ements of California Labor Code sections 1771, 1811, and 1815 for a ny Scope of Work performed by his o r her employees. The payroll records shall be available for inspection at all reasonable hours at the principal office of the Prime Contractor on the following basis:

(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his/her authorized representative on request; (2) A certified copy of all payroll records shall be made available for inspe ction or furnished upon request to the County or the Division of Labor Standards Enforcement of the DIR; (3) A certified copy of payroll records shall be made available upon request to the public for inspection or copi es thereof made; provided, however, that a request by the public shall be made through either the County or the Division of Labor Standards Enfor cement. If the re quested payroll records have not been previously provided to the County or the Division of La bor Standar ds Enforcement, the requesti ng party shall, prior to being provided the records, reimburse the cost of preparation by the Prime Contractor, Subcontractor, or lower tier Subcontractor and the entity through which the request was made. The public shall not be given access to such records at the principal office of the Prime Contractor;
(4) The Prime Contractor shall file a certified copy of the payroll records with the entity that requested such records within ten (10) days after receipt of a written request; and (5) Copies provided to the publ ic, by th e C ounty or the Division of Labor Standards Enforcement shall be marked or obliterated to p revent disclosure of an individual's name, address and social security number. The name and address of the Prime Contractor, Subcontractor, or lower tier Subcontrac tor performing a part of the Scope of Work shall not be marked or obliterated . The Prime Contractor shall inform t he County of the location of payroll records, including the street address, city and county and shall, within five (5) working days, provide a notice of a change of location and address.

The Prime Contractor shall have t en (10) days from receipt of the written notice specifying in what respects they must comply with the above requirements. In the event Prime Contractor does not comply with the requirements of this section within the t en (10) day period, the Prime Contractor shall, as a penalty to the County, forfeit one-hundred dollars ($100.00) for each calendar day, or portion thereof, for each worker, unt il strict c ompliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, such penalty shall be wit hheld from any portion of the payments then due or to become due to the Prime Contractor.
(6) Limits on Hours of Work
Pursuant to California Labor Code section 1810, eight (8) hours of labor shall constitute a legal day's work.

Pursuant to California Labor Code section 1811, the time of service of any worker employed at any time by the Prime Contractor, Subcontractor, or lower tier Subcontractor, upon the Scope of Work or upon any part of the Scope of Work, is limited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar week, except as provided for under Labor Code section 1815.

Notwithstanding the foregoing provisions, work performed by employees of the Prim e Contractor , Subcontractor, or lower tier Subcontractor in excess of eight (8) hours per day and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1½) times the basic rate of pay. (7) Penalty for Excess Hours
The Prime Contractor shall pay to the County a penalty of twenty -five dollars ($25.00) for each worker employed on the S cope of W ork by the Prime Contractor, Subcontractor, or lower tier Subcontractor for

each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one cal endar week, in violation of the provisions of the California Labor Code, unless compensation to the worker so employ ed by the Prime Contractor , Subcontractor or lower tier Subcontractor is not less than one and one- half (1½) times the basic rate of pay for a ll hours worked in excess of eight (8) hours per day.
(8) Senate Bill 854 (Chapter 28, Statutes of 2014) Requirements:
1) Prime Contractor, Subcontractors and lower tier Subcontractors shall comply with Senate Bill 854 (signed into law on June 20, 2014). The requirements include, but are not limited to, the following:

a. No Prime Contractor, Subcontractor, or lower tier Subc ontractor may be listed on a bid proposal for a public works project unless registered with the DIR pursuant to Labor Code section 1725.5, with limited exceptions from this requir ements for bi d purposes only as allowed under Labor Code section 1771.1(a).
b. No Prime C ontractor, Sub contractor, or lower tier Subcontractor may be awarded a contract for public work or perf orm work on a publi c works p roject unless registered with the DIR pursuant to Labor Code section 1725.5.
c. This project is subject to compliance monitoring and enforcement by the DIR. d. As required by the DIR, Prime Contractor is required to post job site notices, as prescribed by regulation, regarding compliance monitoring and enforcement by the DIR. e. Prime Contractor, Su bcontractors, and lower tier Subcontractors must submit certified payroll records online to the Labor Com missioner for all public works proj ects, new or ongoing, on or after January 1, 2016.
a. The certified payroll must be submitted at least monthly to the Labor Commissioner. b. The County res erves the rig ht to require Prime Contractor, Subcontractors, and lower t ier Subcontractor to submit certified payroll records more frequently than monthly to the Labor Commissioner.
c. The certified payroll records must be in a format prescribed by the Labor Commissioner.

2) Labor Code section 1725.5 states the following:

A Prime Contractor, Subcontractors, and lower tier Subcontractors shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract th at is subject to the requirements of this chapter. For the purposes of this section, "contractor" includes a subcontractor as defined by Section 1722.1.
(a) To qualify for registration under this section, a Prime Contractor shall do all of the following:
(1) Beginning July 1, 2014, r egister with the Department of Indust rial Relations in the manner prescribed by the Department and pay an initial nonrefu ndable application fee of four hundred dollars ($400) to qualify for registration under this section and an annual renewal fee on or be fore July 1 st of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by t he Director t o support the cos ts specified in Section 1771.3.
(2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Workers' Compensation coverage that meets the requirem ents of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom t he Prime C ontractor, Subcontractor or lower tier Subcontractor employs to

perform work that is subject to prevailin g wage requirements other than a cont ractor who is separately registered under this s ection. Coverage may be evidenced by a current and valid certificate of W orkers' Compensation Insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the Prime C ontractor, Subcontractor , or lower tier Subcontractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The Prime C ontractor, Subcontractor or Sub-T ier does not have any delinquent liability to an e mployee or t he state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal, pro vided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this sect ion, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier.

If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
(i) The contractor has not previously been found to be in violation of the requirements of this paragraph within the preceding 12 months. (ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000).
(b) Fees received pursuant to this section shall be deposited in t he State Public Wo rks Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expi ration of any prior period of registration shall be prohibited from bidding on , or engaging in the performance of, any contract for public works until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may r enew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee. (d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 appl ies, either as the result of a determination by the director pursuant to Section 1773.5 or a court deci sion, the requirements of this section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specif ication or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work.
(2) Within 20 days following service of notice on the awarding body of a determ ination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors

are registered under this section or are replaced by a contractor or subcontractors who are registered under this section.
(3) The requirements of this section shall apply prospectivel y only to any subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice o f th e determination or decision referred to in paragraph (2) of this subdivision. (e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, and any contract for public work, as defined in this chapter, entered into on or after April 1, 2015. 3) Labor Code section 1771.1 states the following:
(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless curr ently reg istered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to subm it a bid that is authorized by Section 7029.1 of the Business and Profes sions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. (b) Notice of the requirement described in subdivision (a) shall be included in all bid invita tions and public works contracts, and a bid shall not be accepted, nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5.
(c) An inadvertent error in lis ting a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or g rounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5.
(3) The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to perform public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public wo rk pursuant to Section 1725.5 in place of the unregistered subcontractor. (e) T he department shall maintain on its In ternet Web site a list of contractors who are cu rrently registered to perform public work pursuant to Section 1725.5. (f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, cont ractor, or any subcontractor to com ply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contract or or subcontract or engaged in the performance of any public work contract without having been registered in accordance with this section, the contractor or subcontractor shall fo rfeit, as a civil penalty to t he state, one hundred dollars ($100) for each day of work performed in violation of the registration requirement, not to exceed an aggregate penalty of eight thousand dollars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of su bparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5(h).

(h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty t o the state, of one hundred dollar s ($100) for each day the unregistered lower tier subcontrac tor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000).
1) The Labor Commissioner shall use the same standards s pecified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor C ommissioner’s ability to monitor and en force compliance with the requirements of this chapter.
2) A higher tiered public works contractor or subcontractor shall not be liability for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor’s performance is in violation of the requirements of Se ction 1725.5 due to the revocation of a previously approved registration.
3) A subcontractor shall not be liable for any penalties assessed against a higher tiered public works contractor or subcont ractor p ursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnity or otherwise be liable for any penalties pursuant to paragraph (1).

(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalt y assessment, in accordance with the provisions of Section 1741, upon determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdiv ision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requested in accordance with the provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Artic le 1 (comm encing with Section 1720) and Article 2 (commencing with Section 1770), shall apply.

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

2) A stop order may be personally served upon the contractor or subcontractor by either of the following methods:
a) Manual delivery of the order to the contractor or subcontractor personally. b) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by f irst class mail, postage prepaid to the contractor or subcontractor at one of the following:

a. The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors’ State License Board.

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

3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contr acting with the unregistered cont ractor or su bcontractor, by the unregistered