Agenda packet — Colton City Council, May 5, 2026 (part 1 of 2)

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, May 5, 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. ______________________________________________________________________________

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Closed Session
1) Conference with Real Property Negotiators
Property: APN No. 0275-223-62
Agency Negotiator: William R. Smith, City Manager and Carlos Campos, City Attorney Negotiating Parties: 439 Stoddard Avenue LLC / 2881 Hulen Place LLC Under Negotiation: Price and Terms of Payment
2) Conference With Real Property Negotiators
Property: APN Nos. 0275-223-24, 1167-121-06
Agency Negotiator: William R. Smith, City Manager and Carlos Campos, City Attorney Negotiating Parties: Southern California Edison
Under Negotiation: Price and Terms of Payment
3) Conference with Real Property Negotiators
Property: APN No. 0275-223-58 and 0275-223-22
Agency Negotiator: William R. Smith, City Manager and Carlos Campos, City Attorney Negotiating Parties: Southern Pacific Railroad Company
Under Negotiation: Price and Terms of Payment
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 Peter Tasaka - The Vineyard Church
Flag Salute
Veterans of Foreign Wars (VFW) — Bernie Moyeda
Roll Call
______________________________________________________________________________

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Ceremonial Matters
Presentations, Awards, Proclamations
• Proclamation - Colton Area Museum Day
• CPRS Award Presentation
• Student Leadership Proclamation and Recognitions
• Proclamation - 57th Annual Professional Municipal Clerks Week 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) Policy Adoption - Disruption of Telephonic or Internet Service During Meetings.

Staff Person: Stephanie M. Vargas

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2) Electronic Filing of FPPC Disclosure and Campaign Statements — Waive Full Reading, Read by Title Only and Pass First Reading of an Ordinance of the City Council of the City of Colton, California, Requiring Electronic Filing of Fair Political Practices Commission (FPPC) Campaign Disclosure Statements, Ordinance No. O-09-26.

Staff Person: Stephanie M. Vargas
3) State Fire Marshal Mandated Inspections - Approve Resolution Accepting the 2026 California State Fire Marshal Mandated Inspections, Resolution No. R-33-26.

Staff Person: Justin Weems
4) North La Cadena Class II Bikelane Project
Staff Person: Victor Ortiz
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.

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

Consent Calendar
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action. 1) Minutes - Approval of Minutes for the City Council Regular Meeting Held on April 07, 2026, on File in the Office of the City Clerk.

City Clerk: Isaac T. Suchil

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2) Warrants - Approve voucher numbers 225495 to 225616 dated 04/02/2026 and totaling $2,448,437.94; voucher numbers 225617 to 225771 dated 04/09/2026 and totaling $1,122,876.24; wires dated 04/13/2026 and totaling $4,611,467.33.

Staff Person: Stacey Dabbs
3) Contract Amendment – Solutions Granted, Inc. – Approve Amendment for CrowdStrike Endpoint Protection and SonicWall Security Operations Center (SOC) Managed Services.

Staff Person: Stacey Dabbs
4) Contract Award - American Asphalt South, Inc. - Approve Resolution and Award of Contract to American Asphalt South, Inc. for the FY 25/26 Slurry Seal Project in the Amount of $163,047.64, Resolution No. R-43-26.

Staff Person: Chad Blais
5) Contract Award - DM Contracting - Approve Award of Contract for the FY 25/26 Citywide Sidewalk Repair Project to DM Contracting, Inc. in the Amount of $262,812.25.

Staff Person: Chad Blais
6) Notice of Completion - Alley Paving & Sidewalk Improvement Project - Approve the Execution and Recordation of the Notice of Completion for the CDBG Colt 24-1-03k-0301 Alley Paving & Sidewalk Improvement Project.

Staff Person: Chad Blais
7) Notice of Completion - Carnegie Museum Fencing Project - Approve the Execution and Recordation of the Notice of Completion for the Carnegie Museum Fencing Project completed by Red Hawk Services, Inc.

Staff Person: Chad Blais
8) Notice of Completion - C Street Slope Landscaping Project - Approve the Execution and Recordation of the Notice of Completion for the C Street Slope Landscaping Project.

Staff Person: Chad Blais
9) Park Naming Resolution - Chavez Park - Approve Resolution Renaming Cesar Chavez Park to Colton Municipal Park, Resolution No. R-42-26.

Staff Person: Bill Smith
10) Purchase Amendment - Enterprise Fleet Management – Substitution of Three (3) Ford F- 150 Lightning trucks with Chevrolet Silverado EV trucks.

Staff Person: Chad Blais
11) Purchase - Rockwell Engineering & Equipment - Approve Purchase of Replacement Pumps from Rockwell Engineering & Equipment.

Staff Person: Chad Blais

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12) Supplemental Funding Agreement - Rivers & Lands Conservancy - Supplemental Funding Agreement by and Between the City of Colton and the Rivers & Lands Conservancy for Fiscal Year 2026/2027.

Staff Person: Chad Blais
13) Vehicles Purchase - Wastewater - Approve Purchase of a 2026 Ford F350 Service Body Truck and a 2026 Ford F550 Service Body Truck for the Wastewater Department from Downtown Ford of Sacramento.

Staff Person: Chad Blais
______________________________________________________________________________________ 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
1) ICSC Preview
Adjournment
_____________________________________________________________________________________

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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.

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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 07, 2026. Copies are available in the Office of the City Clerk.

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Item: 1.

Staff Report

Meeting Date: May 5, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Stephanie Vargas, Chief Deputy City Clerk
Item Name: Policy Adoption - Disruption of Telephonic or Internet Service During Meetings.

Recommended Action:

Staff recommends that the City Council approve the proposed Disruption of Telephonic or Internet Service During Meetings policy so that the city can be in compliance with the recent SB 707 changes to the Brown Act.

Background:

Senate Bill 707 (2025) amended the Brown Act to require eligible legislative bodies to adopt, on or before July 1, 2026, a policy addressing how the agency will respond to disruptions in telephonic or internet service that prevent members of the public from participating remotely.

The policy establishes procedures for responding to a disruption in the telephonic or internet services that provide two-way remote public access to meetings of the Legislative Body of the Agency, as required by the Brown Act (Government Code section 54953.4). The policy ensures transparency, public participation, and the continuation of meetings during technological disruptions.

Adoption of this policy will enable the City to be in legal compliance with SB 707.

Issues/Analysis:

A policy is needed to ensure the City complies with SB 707 and the Brown Act when remote access is disrupted during public meetings. Without clear procedures, service interruptions could limit public participation and create legal or operational uncertainty. The proposed policy establishes a consistent process for identifying, responding to, and documenting disruptions, strengthening transparency and accessibility.

Fiscal Impacts:

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None

Alternatives:

None

Attachments:

1. Policy - Disruption of Telephonic or Internet Service During Meetings - SB 707 Compliance

2. Business Item 1 - Policy Presentation

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434196.4
Policy: Disruption of Telephonic or Internet Service During Meetings

1. Background
Senate Bill 707 (2025) amended the Brown Act to require eligible legislative bodies to adopt, on or before July 1, 2026, a policy addressing how the agency will respond to disruptions in telephonic or internet service that prevent members of the public from participating remotely.

2. Purpose
This policy establishes procedures for responding to a disruption in the telephonic or internet services that provide two-way remote public access to meetings of the City Council of the City of Colton, as required by the Brown Act (Government Code section 54953.4). The policy ensures transparency, public participation, and the continuation of meetings during technological disruptions.

3. Definitions
“Service Disruption” means any failure, outage, or other interruption to the City of Colton’s remote access services that prevents members of the public from participating in Council Meetings through the remote access service.
“Disrupting” means engaging in behavior during a meeting of the City Council that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to one of the following:
a. A failure to comply with reasonable and lawful regulations adopted by the City Council of the City of Colton.
b. Engaging in behavior that constitutes use of force or a true threat of force. “Remote access services” means the two-way telephonic service and/or two-way audiovisual platform used to provide real-time remote public attendance and observation of meetings.
“Two-way audiovisual platform” means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two- way telephonic service.
“Two-way telephonic service” means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate.
“True threat of force” means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.

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434196.4

4. Applicability
This policy applies to all open and public meetings of the City Council at which remote public participation is required under the Brown Act. Consistent with the Brown Act, this policy shall not apply to the following meetings:
a. Meetings held to attend a judicial or administrative proceeding to which the City of Colton is a party.
b. Meetings held to inspect real or personal property provided that the topic of the meeting is limited to items directly related to the real or personal property. c. Meetings held to meet with elected or appointed officials of the United States or the State of California, solely to discuss a legislative or regulatory issue affecting the City of Colton and over which the federal or state officials have jurisdiction. d. Meetings held to meet in or nearby a facility owned by the City of Colton, provided that the topic of the meeting is limited to items directly related to the facility.
e. Meetings held in an emergency situation pursuant to Government Code section 54956.5.

5. Remote Public Access Generally
When remote public access is required under the Brown Act, the City Council shall provide members of the public with an opportunity to attend and participate in the meeting using a two-way audiovisual platform or a two-way telephonic service, provided that adequate telephonic or internet service is operational at the meeting location.

If adequate telephonic or internet service is not operational at the meeting location, the City of Colton shall not be required to provide remote access. If adequate telephonic or internet service is operational for only a portion of the meeting, the City Council shall provide remote access during that portion of the meeting.

If a two-way audiovisual platform is used, the City Council shall:
a. Publicly post and provide a call-in option as well; and b. Activate any automatic captioning function that is available in the audiovisual platform.

If a two-way audiovisual platform is not provided, the City Council shall provide a two- way telephonic service.

Members of the public participating remotely shall be provided the same opportunity to provide public comment as members of the public attending in person, including the same time allotment.

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434196.4

6. Response to Service Disruption
If the Mayor or City Clerk becomes aware of a service disruption:
a. The Mayor or City Clerk shall immediately announce the service disruption to the public.
b. The Mayor shall call for a recess of the open session and may convene the legislative body in an authorized closed session, consistent with the Brown Act.

The recess shall last for one hour or until service is restored, whichever is earlier. c. During the recess, City of Colton staff shall make a good faith effort to diagnose and restore the disrupted service.

7. Reconvening the Open Session
After the expiration of the hour, if service has not been restored, the Mayor or City Clerk shall report on the status of staff’s efforts to restore remote access services, and the City Council may reconvene to:
a. Adjourn the meeting;
b. Extend the recess to allow staff more time to make a good faith effort to restore remote access services; or
c. Continue the open session portion of the meeting by adopting, by roll call vote, the following or a substantially similar finding:
“The City of Colton has made good faith efforts to restore telephonic or internet service in accordance with its adopted policy, and the public interest in continuing the meeting outweighs the public interest in remote public access.” Upon adoption of the finding, the City Council may continue the open session portion of the meeting despite the fact that remote access services have not been restored.

8. Recordkeeping
The City Clerk shall enter a brief statement into the meeting minutes, including:
• The nature and time of the service disruption;
• The time the meeting was reconvened (if applicable);
• Any finding adopted pursuant to Section 7.

9. Response to Members of the Public Disrupting a Meeting If the Mayor or City Clerk becomes aware of a member of the public who is attending the meeting through remote access services and is disrupting the meeting or otherwise

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434196.4
preventing other members of the public from attending or observing the meeting remotely or in-person:
a. The Mayor or City Clerk shall warn the person who is participating through remote access services that he or she is disrupting the meeting and his or her failure to cease that behavior may result in his or her removal. b. If the person to whom the Mayor gave the above warning persists in disrupting the meeting, the Mayor shall order staff to:
i. mute or otherwise limit the individual’s ability to disrupt the meeting, while allowing the individual to continue to observe and attend the meeting; or ii. remove the individual from the meeting if paragraph (a) does not address the disrupting behavior or is not available using the remote access service.

10. Review and Updates
This policy may be amended by the City Council at a noticed public meeting in open session and may not be placed on the consent calendar.

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BUSINESS ITEM 1
“D

ISRUPTION
OF
T

ELEPHONIC
OR
I

NTERNET
S
ERVICE
D
URING
M

EETINGS
P
OLICY
”
P

RESENTED
BY
S

TEPHANIE
M. V
ARGAS
, C
HIEF
DEPUTY
C
ITY
C
LERK

Page 15 of 308 ends

SB 707
S
ENATE
B
ILL
707 (2025)

AMENDED
THE
R
ALPH
M. B
ROWN
A
CT
(O
PEN
M
EETING
LAWS
)
FOR
LOCAL

AGENCIES
IN
MANY

SIGNIFICANT
WAYS

INCLUDING
A

MANDATE
THAT
ALL

ELIGIBLE

LEGISLATIVE
BODIES
MUST
ADOPT
A
POLICY
TO

ADDRESS
“D

ISRUPTION
OF
T

ELEPHONIC
OR
I

NTERNET
S
ERVICE
D
URING
M

EETINGS
.”

Page 16 of 308 ends

NEW REQUIREMENT:

HYBRID COUNCIL MEETINGS
S
ENATE
B
ILL
707 (2025)

REQUIRES
THAT
ON
OR
BEFORE
J
ULY
1, 2026,
THE
C
ITY
OF
C
OLTON
MUST
MAKE
IT

POSSIBLE
FOR
THE
PUBLIC
TO

PARTICIPATE
IN
THE
PUBLIC

COMMENT

PORTION
OF
THE
C
ITY
C
OUNCIL
M

EETINGS
BY
EITHER
“
TWO
-
WAY

TELEPHONIC
S
ERVICE
”
OR
A
“
TWO
-
WAY
A

UDIOVISUAL
P

LATFORM
.

Page 17 of 308 ends

SB 707

MANDATES
THAT
THE
POLICY
MUST

ADDRESS
THE

PROCEDURES
FOR

RECESSING
AND

RECONVENING
A

MEETING
IN
THE
EVENT
OF

DISRUPTION
AND
THE

EFFORTS
THAT
THE
C
ITY
C
OUNCIL
MUST
MAKE
TO

ATTEMPT
TO

RESTORE
THE

SERVICE
.

THE POLICY

Page 18 of 308 ends

❖
I
F
A

DISRUPTION
OF

TELEPHONIC
OR

INTERNET

SERVICE
OCCURS
,
WHICH

PREVENTS

MEMBERS
OF
THE
PUBLIC
FROM

ATTENDING
OR

OBSERVING
THE

MEETING
VIA
THE
TWO
-
WAY

TELEPHONIC

SERVICE
DURING
THE

MEETING
,
THE
C
ITY
C
OUNCIL
SHALL
RECESS
THE
OPEN

SESSION
OF
THE

MEETING
FOR
AT
LEAST
ONE
HOUR
AND
MAKE
A
GOOD
FAITH

ATTEMPT
TO

RESTORE
THE

SERVICE
.
❖
T
HE
C
ITY
C
OUNCIL
MAY
MEET
IN
CLOSED

SESSION
DURING
THIS
PERIOD
.
❖
T
HE
C
ITY
C
OUNCIL
SHALL
NOT

RECONVENE
THE
OPEN

SESSION
OF
THE

MEETING
UNTIL
AT
LEAST
ONE
HOUR

FOLLOWING
THE

DISRUPTION
,
OR
UNTIL

TELEPHONIC
OR

INTERNET

SERVICE
IS

RESTORED
,

WHICHEVER
IS

EARLIER
.
❖
U
PON

RECONVENING
THE
OPEN

SESSION
,
IF

TELEPHONIC
OR

INTERNET

SERVICE
HAS
NOT
BEEN

RESTORED
,
THE
C
ITY
C
OUNCIL
SHALL
ADOPT
A

FINDING
BY

ROLLCALL
VOTE
THAT
GOOD
FAITH

EFFORTS
TO

RESTORE
THE

TELEPHONIC
OR

INTERNET

SERVICE
HAVE
BEEN
MADE
IN

ACCORDANCE
WITH
THE
POLICY

ADOPTED
,
AND
THAT
THE
PUBLIC

INTEREST
IN

CONTINUING
THE

MEETING

OUTWEIGHS
THE
PUBLIC

INTEREST
IN
REMOTE
PUBLIC
ACCESS
.

POLICY REQUIREMENTS
GOV CODE 54953.4

Page 19 of 308 ends

I
F
THE
M
AYOR
OR
C
ITY
C
LERK
BECOME
AWARE
OF
A

SERVICE

DISRUPTION
:

RESPONDING

TO A SERVICE DISRUPTION

1. The mayor or city Clerk shall immediately announce the service disruption to the public.

2. The Mayor shall call for a recess of the open session (Council may convene in an authorized closed session, consistent with the Brown Act). The recess must last one hour or until service is restored, whichever is earlier.

3. During the recess, city of Colton staff shall make a good faith effort to diagnose and restore the disrupted service.

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A
FTER
THE

EXPIRATION
OF
THE
HOUR
,
IF

SERVICE
HAS
NOT
BEEN

RESTORED
,
THE
M
AYOR
OR
C
ITY
C
LERK
SHALL
REPORT
ON
THE
STATUS
OF
STAFF
’
S

EFFORTS
TO

RESTORE
REMOTE
ACCESS

SERVICES
,
AND
THE
C
ITY

COUNCIL
MAY

RECONVENE
TO
:

RECONVENING

THE OPEN SESSION

1. Adjourn the meeting

2. Extend the recess to allow staff more time to make a good faith effort to restore remote access service; or

3. Continue the Open Session portion of the meeting by adopting, by roll call vote, the following or a substantially similar finding:
“The City of Colton has made good faith efforts to restore telephonic or internet service in accordance with its adopted policy, and the public interest in continuing the meeting outweighs the public interest in remote access.”

4. Upon adoption of the finding, the City Council may continue the open session portion of the meeting despite the fact that remote access services have not been restored.

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T
HE
C
ITY
C
LERK
SHALL
ENTER
A
BRIEF

STATEMENT
INTO
THE

MEETING

MINUTES

INCLUDING
:

RECORDKEEPING

1. The nature and time of the service disruption.

2. The time the meeting was reconvened (if applicable).

3. Any finding adopted pursuant to reconvening the open session.

Page 22 of 308 ends

I
F
THE
M
AYOR
OR
C
ITY
C
LERK

BECOMES
AWARE
OF
A
MEMBER
OF
THE
PUBLIC
WHO
IS

ATTENDING
THE

MEETING

THROUGH
REMOTE
ACCESS

SERVICES
AND
IS

DISRUPTING
THE

MEETING
OR

OTHERWISE

PREVENTING
OTHER

MEMBERS
OF
THE
PUBLIC
FROM

ATTENDING
OR

OBSERVING
THE

MEETING

REMOTELY
OR
IN
-
PERSON
:

RESPONDING TO MEMBERS OF THE PUBLIC

DISRUPTING A MEETING

1. The Mayor or City Clerk shall warn the person who is participating through remote access services that they are disrupting the meeting and if they fail to cease that behavior, they may be removed from the meeting.

2. If the person persists in disrupting the meeting, the Mayor shall order staff to:

• Mute or otherwise limit the individual’s ability to disrupt the meeting, while allowing the individual to continue to observe and attend the meting • Remove the Individual from the meeting if the previous option does not address the disrupting behavior or is not available using the remote access service.

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QUESTIONS?

Page 24 of 308 ends

Item: 2.

Staff Report

Meeting Date: May 5, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Stephanie Vargas, Chief Deputy City Clerk
Item Name: Electronic Filing of FPPC Disclosure and Campaign Statements — Waive Full Reading, Read by Title Only and Pass First Reading of an Ordinance of the City Council of the City of Colton, California, Requiring Electronic Filing of Fair Political Practices Commission (FPPC) Campaign Disclosure Statements, Ordinance No. O-09-26.

Recommended Action:

Staﬀ recommends that the City Council waive full reading, read by title only and approve the first reading of the proposed Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF COLTON, CALIFORNIA, REQUIRING ELECTRONIC FILING OF

POLITICAL PRACTICES COMMISSION (FPPC) CAMPAIGN DISCLOSURE STATEMENTS.

Background:

Government Code Section 84615, within the Political Reform Act, authorizes local government agencies to require online or electronic ﬁling of campaign statements, reports, or other documents for elected oﬃcials, candidates, committees, and other persons required to ﬁle under the Act, provided they receive contributions or make expenditures totaling $1,000 or more in a calendar year. Since the passage of this legislation, many local agencies throughout California have adopted electronic ﬁling systems to enhance transparency, improve eﬃciency, and reduce paper use. The Fair Political Practices Commission (FPPC) strongly supports and encourages the transition to electronic filing systems.

Issues/Analysis:

To implement mandatory electronic filing of campaign statements, Government Code Section 84615 requires the City Council to adopt an ordinance approving the use of an online ﬁling system and ﬁnding that the system operates securely, eﬀectively, and does not place an undue burden on ﬁlers. The approved system must ensure data integrity, use standardized formats compatible with the Secretary of State, be free of charge to filers, and provide public access to

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filings.

The NetFile system meets all legal requirements and is specifically designed for agencies administering campaign ﬁnance and economic interest ﬁlings. It supports electronic ﬁling of several FPPC forms, including Forms 460, 470, 496, and 497, which are the most commonly used forms in local campaigns. The system is highly secure, employing industry best practices such as bank-level data encryption, multi-location data storage, and regular data backups to ensure data integrity and disaster recovery.

Adoption of this ordinance will enable the City to fully implement the NetFile system for campaign ﬁnance disclosure, ensuring compliance with state requirements while providing a more eﬃcient and transparent filing process.

Fiscal Impacts:

The annual subscription cost for the NetFile electronic ﬁling system is $6,400 and is incorporated into the City Clerk’s existing General Fund budget.

Alternatives:

1. Provide alternative direction.

Attachments:

1. NetFile - Service Agreement

2. Ordinance No. O-09-26

3. Business Item 2- NetFile- E- filing campaign docs

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2707AAuroraCt
Mariposa, CA 95338
Phone (209) 7424100

SERVICEAGREEMENT

USERINFORMATION
USERNAMECity
of Colton USERNAME –
BILL
TO
SAMEADDRESS650N. La
Cadena
Drive

ADDRESS
CITY
Colton
STATE
CA
ZIP 92324 CITY

STATE ZIP
PRIMARYCONTACTStephanie
M.

VargasPHONE # 909)
3705001 AP

CONTACT
PO # EMAIL
svargas@coltonca. govFAX APEMAIL
AP PHONE # System
Cost
per SystemForm700 E Filing & Admin
System ( hosted) CampaignE Filing & Admin
System (hosted) AB1234Ethics TrainingSystemAll setup and conversioncosts are freeBrown Act TrainingSystemNetFilewill comp servicethrough6/ 2/ 2026SB 827 Fiscal & Financial
TrainingSystemTotalfor all systemsafter alldiscounts: $6, 400/ year Servicedates: 6/ 3/2026 – 6/
2/ 2031Featuresof
NetFileSystemsHosted platformprovided by NetFile Kioskmodeto view unredactedfilingsinUser’ s office24/ 7/ 365accessfor filers andpublic to use Unlimitedsupportandtraining to User Adminapplicationto manage filers/trainees E mail basedsupportto filers/trainees Filerapplicationforfilers to createand file filings IncludesAB1234Ethics, BrownAct, & SB 827 trainingsystemsPublicviewingportal for filings & trainingcerts Auto fulfillmentincludedwith trainingplatformsAUTHORIZATIONU S E RAGR EE S T O P AYNET F I L E F ORS ERVI CE SI DENTI F I E D I N ACCORDANCEW ITH THE TERMSAND CONDITIONS OF THIS AGREEMENT. AGREEMENTTERMIS STARTINGON THE DATEIDENTIFIED ABOVE. YOUACKNOWLEDGERECEIPTANDAGREETO THE TERMSANDCONDITION

S OFTHIS AGREEMEN T ANDACKNOWLEDGETHATTHEAGREEMENTIS NOT BINDINGON NETFILEUNTILSIGNED BY
BOTH PARTIES.

COMPANY NetFile, Inc. AUTHORIZED

SIGNATUREAUTHORIZED SIGNATUREPRINT

NAMEPRINT
NAME Tom
DiebertTITLE TITLE
Vice President &

CFODATEDATE

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ServiceAgreementTermsandConditions

1. ThisAgreementprovidesto Usera hosted electronicfiling and administration systemdevelopedand maintained by NetFile. Theforms that areelectronicallyfiled are dependentupon which system(s) that Useragreesto payfor. If the Useragreesto payfor the Form700 EFilingSystem, their filers will be able to create and electronically file FPPCForm700 statements. If the User agreestopayfortheCampaignEFilingSystem, theirfilerswillbeabletocreateandelectronicallyfiletheirCampaignStatements. IftheUseragreestopayfortheAB1234EthicsTrainingSystem, AntiSexualHarassmentTrainingSystem, BrownActTrainingSystem, and/orSB827Fiscal & FinancialTrainingSystem, theirpeoplewillbeableto taketheirrequiredAB1234EthicsTraining, Anti SexualHarassmentTraining, BrownActTrainingand/orSB827Fiscal & FinancialTraining. If theUseragreesto payfortheBoards, Commissions, & Committeessystem, theUsercanutilize NetFile’s automated managementsystemfor the UsersBoards, Commissions, and Committees. All systemsare coveredby NetFile’s unlimited support and training policy. All NetFilesystems comewith a public viewing portal that automatically displaysthe resultingelectronicfilingsonline in redactedform and if the Useragreesto payfor the Boards & Commissionsplatform view all the User’sBoards, Commissions, and Committees. TheForm700 E filing systemmeetsthe requirementsof the FPPCfor paperlessfiling in CA. TheCampaignE Filingsystemmeetsthe requirementsof GC84615for paperlessfiling in CA. TheCampaignandForm700systemsallow for paperfiled documentsto be stored asan unredacteddocument and uploaded (when redacted byUser) to viewonthepublicportal. NetFilepaysforUser'sinitial $1,000FPPCForm700applicationfee.

2. It istheresponsibilityofNetFileto securelystoreUserdataandmaintainbackupsusingindustrybestpractices. AlldatacreatedbyUserorUser’sfilersisthepropertyoftheUser. All applicationsandtheirsourcecodearethepropertyofNetFile. It istheresponsibilityofNetFileto providesecureandsafesystemaccessforbothUserandtheUser’sfilersusingindustrybest practices. NetFile’ssystemsare guaranteedto have99% uptime. Plannedmaintenanceof NetFilesystemswill be communicatedat leasta week in advanceof the maintenanceoccurring.

3. NetFilewarrants and representsthat it isthe owner of or hasacquiredthe rights to use (includingderivative rights) the software, technology or otherwise that is requiredto provide all related materialsandservicessetforthinthisServiceAgreement, withoutviolatinganyrightsofanythirdparty, andthereiscurrentlynoactualorthreatenedsuitbyanysuchthirdpartybasedonan allegedviolationofsuchthirdpartyrightsbyNetFile.

4. NetFilefurther warrants that (i) the NetFileserverswill be free of anyHarmful Code (asdefined below), and (ii) NetFilewill not interfere with or disrupt Useror the User’s filers useof the System. Theterm “HarmfulCode” meansanysoftware code with the ability to damage, interfere with, or adverselyaffect computer programs, data files, or hardwarewithout the consentor intentof thecomputeruser. Thisdefinitionincludes, butisnotlimitedto, selfreplacingandselfpropagatingprogramminginstructionscommonlycalled “viruses,” “Trojanhorses” and worms.” NetFileagreesto implementreasonableproceduresadequateto preventanysoftware, linkorcodeprovidedto UserhereunderfrombeingcontaminatedwithHarmfulCode. If NetFilelearnsof orsuspectstheexistenceofanyHarmfulCode, NetFilewillimmediatelynotifyUserandmakeeveryeffortto removetheHarmfulCode.

5. NetFileshallnot discriminateon the basisof race, gender, religion, national origin, ethnicity, sexualorientation, ageor disability in the solicitation, selection, hiring, or treatment of subcontractors, vendorsor suppliers. NetFileshallprovide equal opportunity for subcontractorsto participate in subcontractingopportunities. NetFileunderstandsand agreesthat violation of thisclauseshallbeconsideredamaterialbreachoftheServiceAgreementandmayresultinServiceAgreementtermination.

6. Subjectto the limitations set forth in Section7 below, NetFileagreesto indemnify, protect, defend, and hold harmlessthe User, and its employeesand filers from and againstanyclaim, injury, liability, loss, cost, and/or expenseor damage, includingall costsand reasonableattorney’s feesin providinga defenseto anyclaim, arisingfrom NetFile’s negligent, recklessor wrongful acts, errors, or omissionswith respectto or in anyway connectedwith the performanceof the Servicesby NetFile, its agents, subcontractorsand/or assignsunder this ServiceAgreement.

7. Themaximumliabilityto theUserbyNetFileanditslicensors, if any, underthisServiceAgreement, orarisingoutofanyclaimbytheUserrelatedto NetFile’sservices, products, equipmentor software for direct damages, whether in contract, tort or otherwise, shallbe limited to the total amount of feesreceivedduring the last 12 months by NetFilefrom the Userhereunder up to the time the causeof action givingrise to suchliability occurred. In no event shallNetFileor its licensorsbe liableto the Userfor any indirect, incidental, consequential, or specialdamagesrelated to the useof NetFile’s services, products, equipment or software or NetFile’s failure to perform its obligationsunder this agreement, evenif advisedof the possibilityof suchdamages, regardlessof whether NetFileor its licensorsare negligent. Provided, however, that for anyperil or exposureinsuredagainstunder the insurancerequired, the limits of liability to the Userby NetFileshallnot belessthantheamountofapplicable, valid, andcollectibleinsurancesetforthinthisAgreement.

8. Duringthe term of this ServiceAgreement, NetFileshallpurchaseand maintain in full force and effect, at no cost to Userinsurancepolicieswith respectto employeesassignedto the performance of servicesunder this ServiceAgreement with coverageamounts asfollows: CommercialGeneralLiabilityInsuranceof $2,000,000 eachoccurrence, $4,000,000generalaggregate, 2,000,000personalinjury; Workers’ CompensationInsuranceof ($1,000,000) policylimitIllness/Injurybydisease, and ($1,000,000) foreachAccident/BodilyInjury.

9. NetFileanditsemployees, agentsandrepresentativeswillnot, withoutthepriorwrittenconsentofUserineachinstance, useinadvertising, publicityorotherwisethenameofUserorany affiliateof User, oranyofficeroremployeeof User, noranytradename, trademark, tradedevice, servicemark, symboloranyabbreviation, agreementorsimulationthereofownedbyUseror its affiliates, nor represent, directly or indirectly, that anyproduct or serviceprovided by NetFilehasbeenapprovedor endorsedby User, nor refer to the existenceof this ServiceAgreementin pressreleases, advertisingor materials distributed to prospectivecustomers. Notwithstanding the foregoing, NetFilemay acknowledge, when asked, that the Useris a NetFileclient.

10. EitherUserorNetFilemayterminatethisServiceAgreementwithoutcausebygivingtheotherPartywrittennotice (“NoticeofTermination”) whichclearlyexpressesthatParty’sintentto terminatetheAgreement. Noticeof Terminationshallbecomeeffectivenolessthanthirty (30) calendardaysafteraPartyreceivessuchnotice. AftereitherPartyterminatestheAgreement, NetFileshalldiscontinuefurtherservicesasoftheeffectivedateoftermination, andUsershallpayNetFileforallServicessatisfactorilyperformedupto suchdate. Upontermination, NetFilewill provide a copy of all data createdby Userwithin 10 working daysof effective termination date.

11. UseracceptsanyandallliabilityresultingfromtheplacementofdocumentsscannedbytheUserthataremadeavailableontheInternetforpublicviewingthroughtheservicesof NetFile.

In no event doesNetFileacceptliability created by anydocument scannedinto the systemby the User.

12. Exceptasotherwise indicatedherein, this Agreementis non cancellableand will commenceon the start date and remainin effect throughout the Termasstated on the signaturepage.

Upon expiration, this Agreementwill automaticallyrenew on a quarterly or annual basisunlessUserprovidesNetFilewith written notice of its intent to cancelbetween 90 and 30 daysbefore theendoftheTerm. Anyextensionwillbebilledinthesamemannerassetforthherein. ThisAgreementwillnotextendformorethan5totalyearswithoutamendmentornewagreement.

13. ThisAgreement shallbe governedin accordancewith the lawsof the Stateof California, andthe Partiessubmit to the jurisdiction of saidstate. Anysuit, claim, or legalproceedingof any kindrelatedto thisAgreementshallbe filed andheardin acourt of competentjurisdictionin the Countyof Alameda.ThisAgreementcontainsthe entire agreementand understandingof the partieswith respectto Service, Maintenance and Support. Thereare no representations, inducements, promisesor agreements, oral or otherwise, not embodiedhereinor alsoembodiedin any attached agreement. Anyand all prior discussions, negotiations, commitmentsand understandingsrelating to Service, Maintenanceor Supportare mergedherein.

14. NetFilepaidanoutsidelawfirmto createthecontentfor NetFile’sAntiSexualHarassmentTrainingsystem. ThecontentwascreatedbyHansonBridgettLLP, solelyfor educational andinformationalpurposesanddoesnotconstitutelegaladvice. Participationinoraccessto thistrainingdoesnot establishanattorneyclientrelationshipbetweentheUseror itspeople allowed to take the training by the Userand the HansonBridgett LLP, or any of its attorneys. Thetraining materials are intended for training purposesonly and should not be relied upon asasubstitutefor legalcounseltailoredto specificsituations. If Usershouldrequirelegaladviceorrepresentation, theUsermaycontactHansonBridgettLLPbywayof thelinksprovided in thetraining. Anylegalservicesprovidedaresubjectto HansonBridgettLLP'sinternalclientengagementpractices, includingbutnot limitedto conflictschecksandformalengagement agreements. Byproceeding with this training, you acknowledgeand agree to the terms of this disclaimer.

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ORDINANCE NO. O-09-26

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON,

CALIFORNIA, REQUIRING ELECTRONIC FILING OF FAIR POLITICAL

PRACTICES COMMISSION (FPPC) CAMPAIGN DISCLOSURE STATEMENTS

WHEREAS, Government Code Section 84615 provides that a local agency may adopt an Ordinance to require an elected officer, candidate, committee, or other person required to file statements, reports, or other documents required by Chapter 4 of the Political Reform Act {commencing with Section 84100 of the Government Code), except an elected officer, candidate, committee, or other person who receives contributions totaling less than $2,000 and who makes independent expenditures totaling less than $2,000 in a calendar year, to file those statements, reports, or other documents online or electronically with the local filing officer; and

WHEREAS, the City of Colton has entered into an agreement with NetFile, Inc., a vendor approved by the California Secretary of State, to provide an online electronic filing system ("System") for campaign disclosure statements and statements of economic interest forms; and

WHEREAS. the System meets all legal requirements, is highly secure, employs industry best practices for operational security and efficiency, will not unduly burden filers and is specifically designed for agencies administering campaign finance and economic interest filings supporting electronic filing of a variety of Fair Political Practices Committee (FPPC) forms; and

WHEREAS. the City of Colton desires to allow for electronic and paperless filing of Fair Political Practices Commission (FPPC) campaign disclosure statements.

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

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SECTION 1. Findings. The City Council finds that the foregoing recitals are true and correct and that the System will operate securely and effectively and will not unduly burden filers. Specifically, the System will:
• Ensure the integrity of the data and includes safeguards against efforts to tamper with, manipulate, alter, or subvert the data;
• Only accept a filing in the standardized record format developed by the Secretary of State and compatible with the Secretary of State's system for receiving an online or electronic filing; and
• Be available free of charge to filers and to the public for viewing filings. These findings are based upon the vendor's approval by the California Secretary of State to provide these services and the representations of the vendor that the System meets the requirements of Government Code Section 84615.

SECTION 2. Optional Electronic Filing. Any elected officer, candidate, committee or other person required to file campaign statements, reports, or other documents required by Chapter 4 (commencing with Section 84100) of the California Government Code, except an elected officer, candidate, committee, or other person who receives contributions totaling less than two thousand dollars ($2,000}, and makes expenditures totaling less than two thousand dollars ($2,000), in a calendar year, may file those statements, reports, or other documents using the City's electronic filing system in accordance with any applicable administrative policies and procedures established by the City Clerk.

SECTION 3. CEQA. The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15378(b)(S), that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is a governmental, organizational or administrative activity that will not result in direct or indirect changes in the environment.

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SECTION 4. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.

SECTION 5. Notice. The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of Colton’s book of original ordinances, make a note of the passage and adoption in the records of this meeting and within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 6. Effective Date. This ordinance will take effect on the 30th day following its final passage and adoption.

PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, AT A REGULAR MEETING HELD ON THIS ___ DAY OF APRIL, 2026.

________________________________
FRANK J. NAVARRO
Mayor
ATTEST:

__________________________________
ISSAC T. SUCHIL
City Clerk

APPROVED AS TO FORM:

__________________________________

BEST BEST & KRIEGER LLP
City Attorney

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Business Item 2
Requiring Electronic Filing of FPPC Disclosure and Campaign Statements Presented by Stephanie M. Vargas, Chief Deputy City Clerk 1

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Requiring Electronic Filing for
FPPC Campaign Disclosure Statements
 The City Clerk’s Office is seeking to implement an electronic filing system that will allow users to file their FPPC Campaign Statements electronically.
 Utilizing an electronic filing system will be beneficial as it would enhance transparency, improve efficiency, and reduce paper use. 2

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Electronic Filing System Requirements
Gov Code Section 84615
 The Political Reform Act allows for local government agencies to participate in electronic filing as long as their City Council adopts an ordinance approving the use of an online filing system and finding that the system operates securely, effectively, and does not place an undue burden on filers.  The approved system must: ensure data integrity, use standardized formats compatible with the Secretary of State, be free of charge to filers, and provide public access to filings
3

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NetFile System
 The City Clerk Office has identified NetFile as a system that meets all legal requirements and is specifically designed for agencies administering these kind of filings.
 The system is highly secure, employing industry best practices and is designed to be user friendly and intuitive.
 Adoption of this ordinance will enable the city to fully implement the NetFile system for campaign finance disclosure, ensuring compliance with state requirements while providing a more efficient and transparent filing process. 4

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Staff Recommendation
 Staff recommends that City Council waive full reading, read by title only and approve the first reading of Ordinance No. O-09-26 to require electronic filing of Fair Political Practices Commission (FPPC) Campaign Disclosure Statements. 5

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Questions?
6

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Item: 3.

Staff Report

Meeting Date: May 5, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Justin Weems, Fire Chief
Item Name: State Fire Marshal Mandated Inspections - Approve Resolution Accepting the 2026 California State Fire Marshal Mandated Inspections, Resolution No. R-33-26.

Recommended Action:

It is recommended that Council accept the report as presented; and approve Resolution R-33-26 accepting the 2026 California State Fire Marshal mandated inspections report.

Background:

On December 2, 2016, at approximately 11:20 pm, in the Fruitvale neighborhood of Oakland, California, a fire broke out in a warehouse known as the Ghost Ship. The warehouse had been converted into an artist collective and included dwelling units. At the time of the fire, the warehouse was hosting a concert.

Residential and entertainment uses were not allowed under the warehouse’s permits at the time of the fire. A total of 36 people were killed in the fire, the deadliest in the history of Oakland. It was also the deadliest building fire in the United States since The Station Nightclub fire in 2003 and it was the deadliest mass-casualty event in Oakland since the Loma Prieta earthquake.

The California State Fire Marshal, through the California Health and Safety Code, mandates that certain occupancies are to be inspected annually. During the grand jury investigations of the Ghost Ship Fire, it was determined that while the state had mandated inspections on various occupancies; these inspections were not mandated to be reported to any governing body. Senate Bill 1205, authored by Senator Jerry Hill, was successful in requiring the mandated reporting of annual inspections to its administering authority on an annual basis.

SB1205, Hill. Fire protection services: inspections: compliance reporting.

Existing law required the chief of any city or county fire department or district providing fire protection services and his or her authorized representatives to inspect every building used as a public or private school within his or her jurisdiction, for the purpose of enforcing specified

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building standards, not less than once each year, as provided. Existing law requires every city or county fire department or district providing fire protection services that is required to enforce specified building standards to annually inspect certain structures, including hotels, motels, lodging houses, and apartment houses, for compliance with building standard, as provided.

This bill would require every city or county fire department, or district required to perform the above-described inspections to report annually to its administering authority, as defined, on the departments or district’s compliance with the above-described inspection requirements, as provided. The bill would require the administering authority to acknowledge receipt of the report in a resolution or a similar formal document. To the extent this bill would expand the responsibility of a local agency, the bill would create a state-mandated local program.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.

Section 13146.4 is added to the Health and Safety Code, to read:
13146.4
(a) Every city or county fire department, city and county fire department, or district required to perform an annual inspection pursuant to Sections 13146.2 and 13146.3 shall report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3. (b) The report made pursuant to subdivision (a) shall occur when the administering authority discusses its annual budget, or at another time determined by the administering authority. (c) The administering authority shall acknowledge receipt of the report made pursuant to subdivision (a) in a resolution or similar formal document. (d) For purposes of this section, “administering authority” means a city council, county board of supervisors, or district board, as the case may be.

Issues/Analysis:

The California State Fire Marshal mandates inspections to be performed annually in all public and private schools (Group E Occupancy), large family daycares, hotels, motels, lodging houses, and apartment houses, (Group R-1, R-2, R2.1, R-4 Occupancy), and high rises. Jails and care facilities (Group I Occupancy) shall be performed every two years.

Colton Fire Department Community Risk Reduction Division, along with Colton Fire Department engine companies, conducted 74 state mandated inspections for fiscal year 2025/2026. Colton Fire Department is 100% compliant on all known state mandated fire inspections within the city.

Fiscal Impacts:

The State of California allows through the Health and Safety Code “Any fee charged pursuant to the enforcement authority of this section shall not exceed the estimated reasonable cost of providing the service for which the fee is charged, pursuant to Section 66014 of the Government Code.” Fire inspection fees for schools (E Occupancies) are not permitted to be collected at this time per California Health and Safety Code Section 13143. Fire inspection fees for apartments, hotels, and motels were established and approved with a comprehensive fee study conducted in 2025 and subsequently approved by Council the same year. Full cost recovery for apartment, hotel, motel, care facilities, and hospital inspections were invoiced according to the approved fee schedule.

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Alternatives:

Provide alternative direction to staff.

Attachments:

1. Resolution R-33-26

2. Mandated Inspections 2025-2026 PDF

3. Business Item 3- PowerPoint Presentation- Mandated Inspections 2026

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RESOLUTION NO. R-33-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COLTON ACKNOWLEDGING RECEIPT OF A REPORT MADE

BY THE FIRE CHIEF OF THE COLTON FIRE DEPARTMENT

REGARDING THE INSPECTION OF CERTAIN OCCUPANCIES
REQUIRED PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF
THE CALIFORNIA HEALTH AND SAFETY CODE.

WHEREAS: California Health & Safety Code Section 13146.4 was added in 2018, and became effective on September 27, 2018; and
WHEREAS: California Health & Safety Code Sections 13146.2 and 13146.3 requires all fire departments, including the Colton Fire Department, that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards, as provided and,
WHEREAS: California Health & Safety Code Section 13146.2 requires all fire departments, including the Colton Fire Department, that provide fire protection services to report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3 and, WHEREAS: The City Council of the City of Colton intends this Resolution to fulfill the requirements of the California Health & Safety Code regarding acknowledgement of the Colton Fire Department’s compliance with California Health and Safety Code Sections 13146.2 and 13146.3.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES

HEREBY EXPRESSLY ACKNOWLEDGE THE MEASURE OF COMPLIANCE OF THE

COLTON FIRE DEPARTMENT WITH CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 13146.2 AND 13146.3 IN THE AREA ENCOMPASSED BY THE CITY OF COLTON FIRE DEPARTMENT, AS FOLLOWS:

SECTION 1. EDUCATIONAL GROUP E OCCUPANCIES:

Educational Group E occupancies are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12 th grade.

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RVPUB\MXM\666167.1 - 2 -

Within the City of Colton there lie 12 Group E occupancies, buildings, structures, and/or facilities.

During fiscal year 2025-2026, the Colton Fire Department completed the annual inspection of 12 Group E occupancies, buildings, structures, and/or facilities.

This is a compliance rate of 100% for this reporting period.

SECTION 2. RESIDENTIAL GROUP R OCCUPANCIES:

Residential Group R occupancies, for the purpose of this resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), etc. as well as other residential occupancies (including a number of residential care facilities). These residential care facilities have a number of different sub- classifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility impairments, cognitive disabilities, etc.

The residents may also be non-ambulatory or bedridden. Within the City of Colton, there lie 34 Group R (and their associated sub-categories) occupancies of this nature.

During fiscal year 2025-2026, the Colton Fire Department completed the annual inspection of 74 Group R occupancies, buildings, structures, and/or facilities.

This is a compliance rate of 100% of known occupancies for this reporting period.

SECTION 3. The resolution is hereby approved, adopted and incorporated herein.

PASSED, APPROVED AND ADOPTED this 5th day of May, 2026.

______
FRANK J. NAVARRO, Mayor

ATTEST:

______________
Isaac Suchil City Clerk

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1 Mt Vernon Manor Apts 539 E B Street 40
2 Sunset Village Apts 904 E Fairway Drive 100
3 Windcrest Apts 933 E Fairway Drive 124
4 Four Seasons 535 Laurel Street & 1425 Rialto Avenue 55 5 Northwest Apts 600 W E Street 20
6 Vista Point Apts 2170 N Rancho Avenue 129
7 Westcourt Apts 2069 W San Bernardino Avenue 515
8 Canyon Villas Apts 2265 Cahuilla Street 46
9 Reche Ridge Apts 2270 Cahuilla Street 110
10 The Distict Apts 1315-1316 Meadow Lane 352
11 1333 Canyon Apts 1333 Reche Canyon Road 104
12 Casa Mediterrania Apts 1043 Santo Antonio Drive 200
13 Nova Point Apts 800 E Washington Street 600
14 Cottonwood Ranch Apts 901 E Washington Street 388
15 Tides @ Grand Terrace Apts 1699 E Washington Street 366 16 Terrace Oaks Apts 1905-1935 E Washington Street 136
17 The Palms Apts 115 Hanna Street 8
18 The Villas Apts 501 N 9th Street 120
19 Centre Pointe Apts 1041 Santo Antonio Drive 361
20 Capri Apts 580 W E Street 22
21 Las Brisas Apts 2001 N Rancho Avenue 210
22 2630-2636 S Rosedale Ave 4
23 2648-2656 S Rosedale Ave 15
24 2631-2637 S Rosedale Ave 4
25 2641-2647 S Rosedale Ave 4
26 2653-2659 S Rosedale Ave 4
27 2654-2686 S Rosedale Ave 8
28 2685-2689 S Rosedale Ave 4
29 2665-2681 S Rosedale Ave 4
30 221-227 Maryknoll Dr 4
31 231-237 Maryknoll Dr 4
32 241-247 Maryknoll Dr 4
33 251-257 Maryknoll Dr 4
34 211-215 Berkeley Ct 4
35 217-223 Berkeley Ct 4
36 231-235 Berkeley Ct 4
37 237-241 Berkeley Ct 4
38 251-257 Berkeley Ct 4
39 263-269 Berkeley Ct 4
40 301-307 Berkeley Ct 4
41 315-321 Berkeley Ct 4
Mandated Inspections 2025-2026
Apartment Complex Address Total
Units

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42 220-226 Berkeley Ct 4
43 230-236 Berkeley Ct 4
44 240-246 Berkeley Ct 4
45 302-306 Berkeley Ct 4
46 310-318 Berkeley Ct 4
47 Holiday Inn Express 2830 S. Iowa Ave. 150
48 Rodeway Inn 1311 RV Center Dr. 70
49 Comfort Inn & Suites 450 Sperry Dr. 100
50 Best Western Plus Arrowhead 250 N. 9th St. 82
51 Colton Inn 1651 E. Washington Ave. 40
52 Driftwood Inn Motel 1472 N. Mt Vernon Ave. 18
53 Colony Inn 255 Sperry Dr. 40
54 Colton Motel 380 Sperry Dr. 16
55 Welcome Inn 2042 W. Valley Blvd. 41
56 WoodSprings Suites 2050 W. Valley Blvd. 122
57 Reche Canyon ES 3101 Canyon Vista Dr
58 Cooley Ranch ES 1000 S Cooley Dr East
59 Alice Birney ES 1050 E Olive Ave
60 Abraham Lincoln ES 444 E Olive Ave
61 Grant ES 550 West Olive St
62 Wilson ES 750 South 8th St
63 McKinley ES 600 West Johnston St
64 Rogers ES 955 West Laurel St
65 San Salvador Head Start 485 Agua Mansa Rd
66 Colton Middle School 670 West Laurel St
67 Washington High School 900 East C St
68 Colton High School 777 West Valley Blvd
69 Mohave River Academy 851 South Mt Vernon #12-15
70 Colton Kinder Care 1730 East Washington St
71 Reche Canyon Convalescent 1350 Reche Canyon Rd
72 Meadow Ridge Care Center 1700 East Washington St
73 ARMC 400 North Pepper Ave
Jail Address
Hotel/Motel Address Total
Units
School Address
Care Facility Address
AddressHospital

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SB 1205
Mandated Inspections
Presented by:

Jon Boggs Deputy Chief
Colton Fire Department
City Council Presentation | May 5th, 2026

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WHAT IS SB 1205?
SB 1205 (Health & Safety Code §13146.4) is a California state law signed in 2018 that requires every city fire department to report annually to its governing authority the City Council on its compliance with mandated fire and life safety inspections.

Accountability
Requires fire departments to formally
report inspection compliance, not just
conduct inspections.

Transparency
The City Council must formally
acknowledge receipt of the report by
resolution, creating a public record.

Annual Cycle
The report is tied to the annual budget
process, linking inspection resources
directly to funding decisions.
1

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WHY IT EXISTS
Front Side
Overhead View
Fully Involved
36 Lives Lost
6

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WHY IT EXISTS
The Ghost Ship Fire
Oakland, CA — December 2016
36 lives lost
in a warehouse illegally converted into a residential arts commune.

The building had
never received a fire inspection
despite state law already requiring annual inspections.

There was simply no mechanism to verify departments
were actually complying.

What Was Missing Before SB 1205
No Verification
State law required inspections, but there was no mechanism to confirm they were actually being conducted.

No Reporting
Fire departments had no obligation to report inspection rates to their governing body.

No Accountability
Governing authorities had no formal role in reviewing compliance and therefore no leverage to allocate resources for it. 2

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WHAT THE LAW REQUIRES
HSC §13146.4: "Every city fire department required to perform an annual inspection shall report annually to its administering authority on its compliance."
01 Inventory
Compile a complete list of all
qualifying Group R and Group E
occupancies within Colton city
limits.
02 Inspect
Conduct annual fire and life
safety inspections using Fire
Prevention Staff and Engine
Companies when needed.
03 Report
Prepare a written compliance
report total occupancies,
number inspected, and
compliance rate by category.
04 Council Adoption
Present the report to City
Council. Council formally adopts
a resolution acknowledging
receipt a legally required step.
3

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WHO MUST BE INSPECTED
Health and Safety Code (HSC) §§ 13146.2 & 13146.3 define which occupancies require annual inspection:

Occupancy Group Type Threshold
Group R-1 Hotels, Motels, Lodging Houses All
Group R-2 Apartment Houses 3 or more units
Group R Residential Care Facilities Licensed / Regulated types Group E Public & Private Schools (K-12) Educational use > 6 persons The Inspection requirement applies to the building's common areas, systems, and structure only, private living spaces are exempt.

Important: Individual dwelling units (single family homes, duplexes, condos, and ADUs) are excluded from the annual inspection mandate.
4

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WHY THIS MATTERS TO COLTON
Legal Liability
If an uninspected building suffers a fire with casualties, the City faces significant civil liability exposure for failure to carry out a state-mandated duty.

Budget Accountability
SB 1205 was specifically designed to surface inspection funding gaps during budget discussions giving the Council actionable data to make resource decisions.

Public Record
The formal Council resolution creates a permanent public record of compliance or non-compliance. Low rates are documented and subject to public and media review.

Audit Exposure
State Controller and State Fire Marshal audits can identify inspection gaps. Non-compliance may affect the City's ability to claim state mandate reimbursements.
6

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Thank You
Honorable Mayor and
Council
Questions?

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Item: 4.

Staff Report

Meeting Date: May 5, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Victor Ortiz, Assistant Director of PW & Engineering Item Name: North La Cadena Class II Bikelane Project

Recommended Action:

Staff recommends the City Council provide direction to staff regarding the preferred project alternative for the North La Cadena Drive Class II Bikelane Project:

a) Alternative 1 – Install Class II Bikelane on majority of the route with significant on-street parking impact.
b) Alternative 2 – Install Class III Bikelane on majority of the route with minimal on-street parking impact.
c) Alternative 3 – Do not proceed with the project.

Background:

REAP 2.0 grant is a flexible program that seeks to accelerate progress toward state housing goals and climate commitments through a strengthened partnership between the State, its regions, and local entities. REAP 2.0 seeks to accelerate infill housing development, reduce vehicle miles traveled (VMT), increase housing supply at all affordability levels, affirmatively further fair housing, and implement adopted regional and local plans to achieve these goals. The program was established as part of the 2021 California Comeback Plan under  Assembly Bill 140 and builds on the success of  REAP 2019 but expands the program focus by integrating housing and climate goals and allowing for broader planning and implementation investments, including infrastructure investments that support infill development that facilitates housing supply, choice, and affordability.

On August 14, 2025, City staff met with San Bernardino County Transportation Authority (SBCTA) staff to discuss the possibility of using the $300,000 Regional Early Action Planning Grants (REAP) 2.0 to construct the North La Cadena Drive Bikelane Project. The REAP 2.0 fund was earmarked in 2023 for any affordable housing or active transportation project but no available project on the planning side was available to meet the funding deadline. The grant will

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expire on December 31, 2026.

Issues/Analysis:

North La Cadena Drive Bikelane Project scope includes installation of Class II bike lanes that include striping, markings, legends and signs along North La Cadena Drive from Valley Blvd. to Mt. Vernon Ave. This project is listed in the City of Colton Active Transportation Plan (ATP) adopted by the City on April 17, 2018. The project will be funded by REAP 2.0 in the amount of $300,000 and Transportation Development Act (TDA)/Article 3 in the amount of $100,000 for total project funding of $400,000.

SBCTA is the lead agency for the design of the project. During the design process, it was found that several on-street parking spaces need to be eliminated to accommodate Class II bikelane.

Class II is a dedicated lane bike marked by striping, bike legends and signs along the route.

Installation of Class II bikelane along North La Cadena Drive will eliminate 168 on-street parking spots as shown on the attached conceptual plan. Alternatively, SBCTA created a second bikelane design that utilizes the installation of Class III bikelane that would eliminate 42 on- street parking spots (see attached project conceptual plan). For Class III, the road is shared by all modes of transportation with bike route signs, and legends painted on the pavement. Due to significant project impact on street parking, staff request direction from City Council regarding the preferred alternative for North La Cadena Drive Bikelane Project or not moving forward with the bikelane project.

Fiscal Impacts:

The cost of preparing plans, specifications and estimate (PS&E) for the project is $90,000, SBCTA is the lead agency for PS&E. The anticipated remaining fund for construction is $310,000, which is enough to cover the cost of either Alternative 1 or Alternative 2. The estimated construction cost of Alternative 1 is $287,000. Alternative 2 is much cheaper than Alternative 1 since the striping for this option is very minimal. The option of not building the project (Alternative 3) might negatively impact the City of Colton future grant application for these types of funding.

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. Alternative 1 - Class II with significant on-street parking impact

2. Alternative 2 - Class III Shared Road with lesser on-street parking impact

3. Business Item 4- PowerPointPresentation - North La Cadena Bikelane

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3633 Inland Empire Blvd. Ste. 955
Ontario, CA 91764
Phone: 909-727-5600

PARKING LEGEND

EXISTING RED CURB/NO PARKING

PROPOSED PROJECT NO PARKING

PROPOSED PROJECT MAINTAIN PARKING

ALTERNATIVE/ADDITIONAL PARKING

LA CADENA DR

VALLEY BLVD
H ST
G ST
F ST
E ST
D ST
C ST
B ST

HANNA ST

OLIVE ST
8TH ST
OAK ST

LA CADENA DR

LA CADENA DR
9TH ST
10TH ST

BORDWELL AVE

LAUREL ST

RIALTO AVE
MT. VERNON AVE

CITRUS ST

GRANT AVE

SEE ABOVE RIGHT

MATCH LINE
Alternative 1

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3633 Inland Empire Blvd. Ste. 955
Ontario, CA 91764
Phone: 909-727-5600

PARKING LEGEND

EXISTING RED CURB/NO PARKING

PROPOSED PROJECT NO PARKING

PROPOSED PROJECT MAINTAIN PARKING

ALTERNATIVE/ADDITIONAL PARKING

LA CADENA DR

VALLEY BLVD
H ST
G ST
F ST
E ST
D ST
C ST
B ST

HANNA ST

OLIVE ST
8TH ST
OAK ST

LA CADENA DR

LA CADENA DR
9TH ST
10TH ST

BORDWELL AVE

LAUREL ST

RIALTO AVE
MT. VERNON AVE

CITRUS ST

GRANT AVE
Shared Roads
Alternative from
E-C
Shared Roads
Alternative from Oak
- MT. Vernon

SEE ABOVE RIGHT
Alternative 2

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North La Cadena Bikelane Project
May 5, 2026

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Project Description:
 Project Scope: includes installation of Class II bike lanes including striping, markings, legends and signs along North La Cadena Drive from Valley Blvd. to Mt. Vernon Ave.
 Project Funding:
- $300,000 - Regional Early Action Planning Grants (REAP) 2.0 - $100,000 – TDA/Article 3
 SBCTA is the Lead Agency for Design ($90K), Colton is the Lead Agency for Construction ($287K) .
 Project Alternatives:
- Alternative 1 – Install Class II Bikelane on majority of the route - Alternative 2 – Install Class III Bikelane on majority of the route - Alternative 3 – No build option

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Class II Bikelane – dedicated lane with striping,
bike markings and signs
Class III Bikelane – shared lane with motorized
vehicle with bike markings and signs
These photos are taken from Washington St. and South La Cadena Dr. Bikelanes. Both projects are with Class II and III features.

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Provide Direction to Staff on Selecting Project
Alternatives:
 Alternative 1 will provide a dedicated bikelane (Class II) for majority of the project but will eliminate 168 street parking.
 Alternative 2 will be shared bikelane (Class III) for majority of the project with minimal impact on street
parking (42 parking spots will be eliminated).
 Alternative 3 will not build the project. May have negative impact on future grant application for REAP 2.0 and
TDA/Article 3.

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Questions ???

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Item: 1.

Staff Report

Meeting Date: May 5, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Isaac T. Suchil, City Clerk
Item Name: Minutes - Approval of Minutes for the City Council Regular Meeting Held on April 07, 2026, on File in the Office of the City Clerk.

Recommended Action:

Approval of Minutes for the City Council Regular Meetings Held on April 7, 2026.

Background:

BACKGROUND
Minutes for the City Council Regular Meeting Held on April 7, 2026.

Issues/Analysis:

N/A

Fiscal Impacts:

N/A

Alternatives:

N/A

Attachments:

1. 2026-04-07- Minutes Draft

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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

Minutes
City Council
Colton Utility Authority, Colton Public Financing Authority Colton Housing Authority
Regular Meeting
Tuesday, April 7, 2026 – 5:00 PM
City Hall, Council Chambers

Closed Session
5:00 p.m.

Closed Session Called to Order
Closed Session meeting was called to order at 5:00 P.M. in the Council Chamber of City Hall, with Mayor Frank J. Navarro presiding.

Roll Call
Council members present were David J. Toro, Kelly J. Chastain, Luis S. Gonzalez, John J.

Echevarria, and Mayor Frank J. Navarro; also present was City Clerk, Isaac T. Suchil.

Staff present was City Manager William R. Smith, and City Attorney Carlos Campos.

Public Comment - Closed Session
There were no Public Comments.

Closed Session
City Attorney Carlos Campos announced the City Council would meet in Closed Session to discuss Items 1 and 2.

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1) Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code Section 54956.9 (d)(1)
Ecology Recycling Services, LLC. v. Southern California Edison, City of Colton, et al.

San Bernardino County Superior Court, Case No. CIVSB2304149 2) Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code Section 54956.9 (d)(1)
Colton Housing Group LLC v. City of Colton
San Bernardino County Superior Court, Case No. CIVSB2521712 City Attorney Oral Report on Closed Session Actions
City Attorney Campos announced that the City Council met in Closed Session and discussed Closed Session items 1 and 2; directions were given, but there was no reportable action.

Open Session
6:00 P.M.

Open Session Called to Order
Mayor Frank J. Navarro called Open Session to order at 6:00 P.M.

Invocation
Pastor Conrad Valdez — Echoes of Love
Flag Salute
Veterans of Foreign Wars (VFW) - Bernie Moyeda
Roll Call
Council members present were David J. Toro, Kelly J. Chastain, Luis S. Gonzalez, John J.

Echevarria, and Mayor Frank J. Navarro.

Also present was City Clerk Isaac T. Suchil; City Treasurer Henry M. Razo was absent.

Staff present were City Manager William R. Smith, and City Attorney Carlos Campos. ______________________________________________________________________________________

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Ceremonial Matters
Presentations, Awards, Proclamations
• Proclamation - ECE Week of the Young Child
MPT Emeritus Toro presented a Proclamation declaring "Week of the Young Child", April 12, 2026, through April 18, 2025; accepted by Christopher Rymer, Early Child Education Program Director.
• Proclamations - Earth Day & Arbor Day
CM Gonzalez presented a Proclamation recognizing Earth Day and Arbor Day; certificates were accepted by Jessica Sutorus, Environmental Conservation Specialist, and Cecilia Girego, Sr.

Water Conservation Specialist.
• Proclamation - Colton Fire Department Chief Ray Bruno To mark his retirement, Mayor Frank J. Navarro issued a proclamation recognizing Fire Chief Raymond Bruno for 30 years of dedicated service to Colton. The Mayor shared highlights from the Chief’s career, followed by acceptance from Chief Bruno, who expressed his deep gratitude.

Mayor and Council Items
Gift Disclosures - None
AB 1234 Oral Reports - None
Council Member Gonzalez attended the League of California Cities Inland Empire Division Meeting; which was held March 19, 2026, in Yucaipa, CA.

Appointments
• Appointment of Councilmember Alternate Representative to the Colton Parks & Recreation Foundation
CM Echevarria submitted his name for appointment to the Parks and Recreation Foundation as the alternate Council Member position.

Consensus was reached by the Council members present and there were no objections.

Mayor and Council Discussion Items
1) Discussion and Possible Direction to Staff Regarding the Naming of Cesar Chavez Park City Council discussed the prospect of renaming Cesar Chavez Park and directed staff to explore restoring the park's original name, "Colton Municipal Park."

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Public Hearings
To speak on public hearing items, it is requested that you Submit your filled out public comment card into the public comment card box before the meeting begins. Once your name is called you may approach the podium. Please begin your public comment by stating your name and your city of residence; then proceed to share your public comment. The applicant will be allowed 5 minutes to address the Council, and all other people will be allowed 3 minutes. The presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
1) Community Services Department Fees & Rental Policy - Time and Place Fixed to Consider a Public Hearing to Approve and Adopt a Resolution of the City Council of the City of Colton Approving the Update to the Community Services Department Fees & Rental Policy, Resolution No. R-21-26.

Staff Person: Heidi Strutz
Public Hearing Opened
The Mayor announced the Public Hearing Open.

The City Clerk submitted the notice of Public Hearing (on file in the City Clerk's Office) and there were no letters of opposition received for this item.

Staff Presentation
Heidi Strutz, Recreation Services Manager, presented to Council an overview of the agenda item and requested approval of staff's recommendation.

Public Comment
There were no Public Comments.

Public Hearing Closed
A motion was made to Close the Public Hearing by CM Gonzalez, with a second by MPT Chastain.

Vote: Unanimous, Motion Passes

Council Discussion
Discernment and discussion between the Mayor and Council members present, with clarification provided by staff: Deb Farrar, Director of Community Services, Heidi Strutz, Recreation Services Manager.

Motion/Vote
A motion was made to approve the Item by CM Gonzalez, with a second by MPT Emeritus Toro.

Vote: Unanimous, Motion passes
______________________________________________________________________________________

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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) Ordinance - Appointment to City Boards, Commissions, and Committees - Waive Full Reading, Read by Title Only and Pass First Reading of an Ordinance to 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: Carlos Campos
Staff Presentation
Carlos Campos presented to Council an overview of the agenda item.

Public Comment
There were no public comments.

Council Discussion
Discernment and discussion between the Mayor and Council members present.

Motion/Vote
A motion was made to approve the item by MPT Chastain, with a second by CM Echevarria.

Vote: Motion Passed with Mayor Navarro and CM Gonzalez voting no.

Public Comment - Limit 3 Minutes
The following community members addressed the Council:
• Pete Tasaka
• Leah Ornales
• Ava Diaz
• Samantha Sandoval
• Jasmin Lopez
• Kaitlyn Torres
• Wade Abbas
• David Trujillo

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• Caren Contreras
• Nick Zupkofska
• Anthony Cabrera
• Scott Mckhana
• Gene Valdez
• Jasmin Lopez
Consent Calendar
Mayor Navarro presented the Consent Calendar Items 1 through 17.

Motion/Vote
A motion was made to Approve the Consent Calendar by CM Echevarria, with a second by CM Gonzalez.

Vote: Unanimous, Motion Passed
1) Minutes - Approval of Minutes for the City Council Regular Meeting Held on March 17, 2026, on File in the Office of the City Clerk.

Staff Person: Isaac T. Suchil
2) Warrants - Approve US Bank voucher dated 02/20/2026 and totaling $51,257.22; voucher numbers 224729 to 224804 dated 02/25/2026 and totaling $102,681.54; voucher numbers 224805 to 224921 dated 02/26/2026 and totaling $2,698,369.93; voucher numbers 224922 to 225059 dated 03/09/2026 and totaling $1,464,376.35; replacement checks 225060 & 225061 dated 03/11/2026 and totaling $1,448.64; wires dated 03/12/2026 totaling $4,054,909.52; voucher numbers 225062 to 225152 dated 03/12/2026 and totaling $951,650.87; a payroll disbursement listing dated 01/31/2026 to 02/13/2026 and totaling $1,281,804.19 and payroll disbursement listing dated 02/14/2026 to 02/27/2026 and totaling $1,262,832.33.

Staff Person: Stacey Dabbs
3) Bonds/Deposit Release - DAP-001-778 - Approve Release of Bonds and Cash Monument Security Deposit for DAP-001-778 (Four Business Park Buildings) at 2245 W. Valley Blvd.

Staff Person: Chad Blais
4) City Treasurer's Report - Receive and file the City Treasurer's Report for November 2024 Staff Person: Henry M. Razo

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5) Contract Amendment - Elite Maintenance and Tree Service - Approve an Amendment to the Maintenance Service Agreement with Elite Maintenance and Tree Service (EMTS) to Include Landscape Maintenance Services for City-Owned Property Located at 1461 E.

Cooley Drive.

Staff Person: Chad Blais
6) Contract Award - ARMC Law Enforcement - Adopt a Resolution Approving a Contract with the County of San Bernardino for Law Enforcement Services at Arrowhead Regional Medical Center (ARMC) for a 5-Year Period, April 1, 2026 through March 31, 2031, Resolution No. R-29-26.

Staff Person: Anthony Vega
7) Contract Award - Calpromax Engineering, Inc. - Adopt Resolution Approving Award of Construction Contract to Calpromax Engineering, Inc. for the Highway Safety Improvement Program (HSIP) Project – HSIPSL-5065(033) in the Amount of $182,500, Resolution No. R-30-26.

Staff Person: Chad Blais
8) Contract Award - CASC Engineering & Consulting - Approve First Contract Amendment with CASC Engineering & Consulting for an additional $74,400 and extend six months to September 30, 2026 to continue Planning and Analytics Support in accordance with Municipal Code Section 3.08.140(E).

Staff Person: Heidi Duron
9) Contract Awards - Auriga Corporation & Asplundh Engineering Services - Approve Contract Awards to Auriga Corporation and Asplundh Engineering Services, LLC for Electric Utility Engineering Consulting Services.

Staff Person: Charles Berry
10) Funding - Early Childhood Education Program - Approve and Adopt Resolution Accepting Additional Funding through Cost of Care Plus, for the Early Childhood Education Program in the Community Services Department, Resolution No. R-23-26.

Staff Person: Deb Farrar
11) Manual of Procedure Update - Approve a Resolution Adopting Updates to the City Council Manual of Procedure, Resolution No. R-28-26.

Staff Person: Dawn Miller

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12) Notice of Completion - San Bernardino Avenue Street Improvement Project - Approve the Execution and Recordation of the Notice of Completion for the San Bernardino Avenue Street Improvement Project.

Staff Person: Chad Blais
13) Notice of Completion - South La Cadena Bike Lane - Approve the Execution and Recordation of the Notice of Completion for the South La Cadena Bike Lane Project.

Staff Person: Chad Blais
14) Purchase - Cummins Inc. - Approve the Purchase of One (1) Portable Generator from Cummins Inc. for the Wastewater Utilities Division of the Public Works & Utilities Department in the Amount of $87,600.

Staff Person: Chad Blais
15) Purchase - National Auto Fleet Group - Approve the Purchase of a New 2027 Ford F-750 Dump Truck through National Auto Fleet Group for the Wastewater Utilities Division of the Public Works & Utilities Department, in the Amount of $147,749.93.

Staff Person: Chad Blais
16) Electric Department Administration - Approve and Adopt a Resolution and Employment Contract Appointing Thomas Miller as Interim Electric Utility Director, and Approve a Contract with J. Powers Recruiting Inc. for Recruitment of a Permanent Electric Utility Director, Resolution No. R-31-26.

Staff Person: Thomas Cody
17) Second Reading of Ordinance No. O-07-26 - Approve the Second Reading of an Ordinance Amending Title 18, Section 18.48.150 of the City of Colton Municipal Code Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units and Determining the Ordinance to be Statutorily Exempt from CEQA Under Public Resources Code § 21080.17 (FILE INDEX NO. DAP25-0047), Ordinance No. O-07-26.

Staff Person: Heidi Duron

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

City Manager's Reports
The City Manager, Bill Smith, responded to comments made during public comment, and assured the City Council that city staff programs are conducted in an all-inclusive manner.

Adjournment
Mayor Navarro adjourned the Regular Council Meeting at 07:56 PM in honor and memory of Martha Olvera, Evelyn Ornales, Yolanda Ortiz, Ronnie Betancourt, Bernabe Delgado, and Deputy Sheriff Levi Vargas. (L.A.S.D); a moment of silence was observed.

_________________________
Isaac T. Suchil, City Clerk
City of Colton

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Item: 2.

Staff Report

Meeting Date: May 5, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Stacey Dabbs, Finance Director
Item Name: Warrants - Approve voucher numbers 225495 to 225616 dated 04/02/2026 and totaling $2,448,437.94; voucher numbers 225617 to 225771 dated 04/09/2026 and totaling $1,122,876.24; wires dated 04/13/2026 and totaling $4,611,467.33.

Recommended Action:

Approve voucher numbers 225495 to 225616 dated 04/02/2026 and totaling $2,448,437.94; voucher numbers 225617 to 225771 dated 04/09/2026 and totaling $1,122,876.24; wires dated 04/13/2026 and totaling $4,611,467.33.

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

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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

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Item: 3.

Staff Report

Meeting Date: May 5, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Stacey Dabbs, Finance Director
Item Name: Contract Amendment – Solutions Granted, Inc. – Approve Amendment for CrowdStrike Endpoint Protection and SonicWall Security Operations Center (SOC) Managed Services.

Recommended Action:

Staff recommends that the City Council authorize the City Manager to execute an amendment to the agreement with Solutions Granted, Inc. for CrowdStrike endpoint protection and SonicWall Security Operations Center (SOC) managed security services, in an amount not to exceed $70,000 per fiscal year, for the duration the City utilizes these services.

Background:

On November 12, 2025, the City Manager executed an agreement with Solutions Granted, Inc. in the amount of $49,307.28 for cybersecurity services, including CrowdStrike endpoint detection and response and SonicWall SOC managed services, pursuant to the City Manager’s contracting authority.

The agreement was procured through cooperative purchasing contracts, including SonicWall – CMAS 3-19-70-3644A and CrowdStrike – CMAS 3-16-70-10478, ensuring compliance with applicable public procurement requirements.

Since execution, the City has expanded its use of cloud-based cybersecurity tools and broadened protection to include City-owned devices operating both within and outside the City’s network environment. This includes the addition of laptop computers and other mobile devices that were not previously within the full scope of managed protection. This strategic expansion enhances the City’s overall security posture by extending coverage across all endpoints and cloud services, including Microsoft 365 platforms such as email, OneDrive, SharePoint, and Teams.

As a result, the number of protected assets has increased, causing the annual cost of services to exceed the City Manager’s contracting authority. City Council approval is therefore required to

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amend the agreement.

Issues/Analysis:

Cybersecurity threats targeting public agencies continue to increase in frequency and sophistication. Ensuring comprehensive, continuous protection of City systems—both on- premise and cloud-based—is critical to maintaining essential services, protecting sensitive data, and reducing the risk of operational disruption.

The City maintains a defense-in-depth cybersecurity strategy designed to protect its network infrastructure, endpoint devices, and cloud-based systems.

CrowdStrike provides advanced endpoint detection and response (EDR), delivering continuous monitoring, threat detection, and automated remediation across City-managed devices and Microsoft 365 resources.

Solutions Granted, Inc., a SonicWall Company provides 24/7 Security Operations Center (SOC) services, including network monitoring, firewall management, intrusion detection, and real-time incident response. These services ensure continuous oversight of network activity and rapid mitigation of potential threats.

Collectively, these services provide a comprehensive and integrated security framework that safeguards City operations from increasingly sophisticated cyber threats, including ransomware, phishing, and unauthorized access.

This agreement qualifies for exemption from competitive bidding pursuant to Colton Municipal Code §3.08.140(P) and California Government Code §53060, as the services are highly specialized, require platform-specific expertise, and are fully integrated into the City’s existing technology environment. Transitioning to an alternative provider would introduce unnecessary risk, potential service disruption, and additional implementation costs.

Fiscal Impacts:

Sufficient appropriations for the current year contract amendment are available in the adopted Fiscal Year 2025-26 budget in Information Services Fund Software/Licensing/Support Account Number 606-6040-6044-2315-0000-000. Funding for subsequent fiscal years will be incorporated through the City’s annual budget development process.

Alternatives:

Provide alternative direction to staff.

Attachments:

None

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Item: 4.

Staff Report

Meeting Date: May 5, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Contract Award - American Asphalt South, Inc. - Approve Resolution and Award of Contract to American Asphalt South, Inc. for the FY 25/26 Slurry Seal Project in the Amount of $163,047.64, Resolution R-43-26.

Recommended Action:

Staff recommends that the City Council take the following action:

1. Authorize the award of contract for the FY 25/26 Slurry Seal Project to American Asphalt South, Inc. as the lowest responsive and responsible bidder in the amount of $163,047.64; and authorize City Manager to execute the contract agreement.

2. Approve Resolution No. R-43-26 Amending Fiscal Year 2025/2026 Measure I Five-Year Capital Improvement Plan.

Background:

The FY 25/26 Slurry Seal on various city streets in Colton Project is a cost-effective type of pavement maintenance. This type of street maintenance program is designed in such a way that that major and local streets receive a slurry seal treatment (surfacing) before it needs major repair and reconstruction. This street maintenance method can prolong the life of various City streets in a very cost-effective way. The cost to slurry seal is about 15 to 20% of the cost of pavement overlay and lasts approximately three (3) to five (5) years depending on the vehicle activity on the street.

The project is financed through the Measure I Fund and the project locations are attached as an exhibit.

The rubberized slurry seal locations are as follows:

1. Atchison Lane – Cisco Street to Overland Street

2. Topeka Way – Cisco Street to end

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3. Cisco Street – Cooley Lane to Atchison Lane

4. Santa Fe Lane – Overland Street to Topeka Way

5. Union Street – Santa Fe Lane to Atchison Street

6. Overland Street – Cisco Street to Atchison Street

7. Beech Lane – Cooley Lane to Overland Street

8. Cooley Lane – Cisco Street to Cooley Drive

9. Long Beach Drive – Rancho Avenue to end

10. Herberts Lane – Rancho Avenue to Agate Street

11. Canary Street – Rancho Avenue to Agate Street

12. Agate Court – Agate Street to end

13. Agate Street – Canary Street to Agate Court

14. Lawren Lane – Citrus Street to end

15. Cameo Drive – Agate Street to Norman Road

16. Norman Road – Laurel Street to end

17. Casey Court – Pennsylvania Avenue to end

18. Canal Road – 9th Street to Bordwell Avenue

19. 9th Street – Laurel Street to Canal Road

20. 10th Street – Laurel Street to Canal Road

21. Bordwell Avenue – Laurel Street to Canal Road

Issues/Analysis:

In accordance with Colton Municipal Code Section 3.08.090, a formal request for Notice Inviting Bids was published on March 7, 2026, and March 13, 2024. The sealed bid opening took place on April 2, 2026 at 3:00 p.m.

Six (6) bid proposals were received from contractors. Staff tabulated and evaluated the submitted bids. The sealed bids received are as follows:

Contractor Bid Amount
American Asphalt South, Inc. $163,047.64
Roy Allan Slurry Seal, Inc. $172,528.60
Doug Martin Contracting Company, Inc. $191,036.70
Pavement Coatings Company $208,397.00
All American Asphalt $215,990.00
Union Pavement Services, Inc. $249,200.00

On August 5, 2025, the City Council authorized the submittal of FY 2025/2026 Five Year Capital Improvement Plan. Measure I Policy Valley Local Streets (VLS) -11 requires that the Five Year Capital Improvement Plan shall be the basis for the annual audit. Jurisdictions will have flexibility in adding and moving projects around in their Five Year Capital Improvement Plan based on the necessities of the jurisdiction. However, in order for the project to be qualified for expenditure of Local Streets funds, the project must be listed in the Five Year Capital Improvement and Expenditure Strategy Plan.

Staff review the plan periodically to verify if there are projects that incurred expenses but not

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listed on the submitted plan. One project in need of additional funding is the FY 25/26 Slurry Seal Project (account no. 218-2620-6150-3890-0000-000) in the amount of $30,000.00. The additional funding that will be needed for this project will be coming from anticipated savings from the Measure I funded FY 25/26 Sidewalk & ADA Improvement Project. These changes are shown in the attached Revised FY 2026-2030 CIP Report.

Fiscal Impacts:

The table below is the breakdown of the available funding for the project:

Funding Source Total Appropriations Contract Amount
218-2620-6150-3890-0000-000 $179,302.60 $163,047.64

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. Plan, FY 25-26 Slurry Seal Project

2. Contract, FY 25-26 Slurry Seal Project

3. Revised FY 2026-2030 Measure I CIP Report

4. Resolution R-43-26 - Revised Measure I CIP FY 25-26

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CONTRACT
1 CITY OF COLTON

SHORT FORM CONSTRUCTION CONTRACT
FY 2025/2026 SLURRY SEAL PROJECT

1. PARTIES AND DATE.

This Contract is made and entered into this 9th 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 American Asphalt South, Inc., a corporation with its principal place of business at 2990 Myers Street, Riverside, CA 92503 (“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 slurry seal project 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 FY 2025/2026 SLURRY SEAL PROJECT (“Project”) as set forth in this Contract.

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

3. TERMS

3.1 Incorporation of Documents . This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
• Addenda
• Change Orders executed by the City
• 2024 Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
• Notice Inviting Bids
• Instructions to Bidders
• 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

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CONTRACT
2 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 abov e referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special C onditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

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

3.2.1.1 Change Orders. Changes to the Contract Time (as defined in Section

3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the City . No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor.

Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by the City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price s hall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, mark-ups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Nothing herein shall prevent the Parties from agreeing to a lump sum cost.
(A) Changes Ordered By City. City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contra ct Time, Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.
(B) Changes Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) day s or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

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

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CONTRACT
3 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 90 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 ($1,000) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

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

Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is

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CONTRACT
4 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 Contrac tor the Total Contract Price of One Hundred Sixty Three Thousand Forty Seven Dollars and Sixty Four Cents Dollars $163,047.64 (“Total Contract Price” ) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

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

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

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

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

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to

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

3.7.6 Substitutions for Contract Retentions . In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract ” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

3.7.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code.

Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.

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

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

3.8 Labor

3.8.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., ( “Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Work is being performed as part of an applicable “ public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the comm0encement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for e1ach craft, classification or type of worker needed to execute the

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6 Work available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

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

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

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

A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the DIR on a weekly basis and in the format prescribed by the DIR, which may include electronic submission. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

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

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7 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 t o 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 issu ed by the Department of Industrial Relations against Contractor or any subcontractor.

3.9 Performance of Work; Jobsite Obligations.

3.9.1 Water Quality Management and Compliance.

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

3.9.1.2 Compliance with the Statewide Construction General Permit .

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

3.9.1.3 Other Water Quality Rules, Regulations, and Policies. Contractor shall comply with the lawful requirements of the Environmental Protection Agency, the State Water Resources 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.

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8 3.9.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney ’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.9.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and pol icies described in paragraph 3.9. 1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City , regarding the requirements of the laws, regulations and policies described in paragraph 3.9.1 as they may relate to the Work provided under this Contract . Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

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

3.9.3 Laws and Regulations . Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, 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

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9 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

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

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

3.9.8 Air Quality.

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

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

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

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

3.9.10 Inspection Of Site. Contractor has visited sites where Work is to be performed and has become acquainted with all conditions affecting the Work. Contractor warrants that it has made such examinations as it deems necessary to determine the condition of the Work sites, its accessibility to materials, workmen and equipment, and to determine the Contractor’s ability to protect existing surface

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10 and subsurface improvements. No claim for allowances –time or money –will be allowed as to such matters.

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

3.10 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City , the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re-inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.11 Claims; Government Code Claim Compliance.

3.11.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

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

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

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

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11 3.11.2.3 Supporting Documentation: The Contractor shall submit all claims in the following format:
(1) Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
(2) List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other
(3) Chronology of events and correspondence
(4) Analysis of claim merit
(5) Analysis of claim cost
(6) Time impact analysis in CPM format

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

3.11.2.5 Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s f ailure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.11.2.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and

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12 the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. (1) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
(2) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (3) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(4) The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
(5) If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.11.2.7 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this section:
(1) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
(2) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Di scovery Act of 1986 (Article 3

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13 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. (A) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

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

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

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

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

3.13 Indemnification.

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

3.13.2 Additional Indemnity Obligations . Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and volunteers. In

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14 addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its of ficials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other pr oceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees.

Contractor shall reimburse City and its officials, employees, agents and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Contract, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

3.14 Insurance.

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

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

3.14.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); (3) Workers ’ Compensation and Employer ’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City).

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

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

3.14.2.3 Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of

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15 coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Contract.

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

3.14.3.1 General Liability . The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the Services or ongoing and completed operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbr oken chain of coverage excess of Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self -insurance shall be called upon to protect it as a named insured. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.14 .2.2, any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.14.3.1.

3.14.3.2 Automobile Liability . (1) The City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbr oken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.14 .2.2, any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.14.3.2.

3.14.3.3 Workers’ Compensation and Employer ’s Liability Coverage . The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.14.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employ ees, 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.

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16 3.14.4 Builders’/All Risk Policy Requirements . The builders’/all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City.

3.14.5 Separation of Insureds; No Special Limitations ; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

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

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.

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17 3.15.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

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

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

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

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18 or correction thereof at Contractor ’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.17 Employee/Labor Certifications.

3.17.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.17.2 Equal Opportunity Employment . Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

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

3.18 General Provisions.

3.18.1 City’s Representative. The City hereby designates the 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

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19 terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. The City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Work, including, without limitation, any overhead and profit on the portion of t he Work that is terminated and shall not be entitled to damages or compensation of any kind or nature for termination of Work.

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

3.18.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under 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:

American Asphalt South
2990 Myers Street
Riverside, CA 92503
Attn: Jeff Petty, President

CITY:

City of Colton
650 North La Cadena Drive
Colton, CA 92324
Attn: Chad Blais, Director of Public Works and Utility Services Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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

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

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20 3.18.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

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

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

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

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

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.

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21 3.18.18 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.18.19 City’s Right to Employ Other Contractors . City reserves right to employ other contractors in connection with this Project or other projects. [Signatures on Next Page]

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CONTRACT
22 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE CITY OF COLTON
AND AMERICAN ASPHALT SOUTH, INC.

IN WITNESS WHEREOF, the Parties have entered into this Contract as of the ___________ day of _________________, 2026.

CITY OF COLTON AMERICAN ASPHALT SOUTH

By: ____________________________ By: _________________________ William R. Smith Jeff Petty
City Manager President

Attest:

____
Isaac T. Suchil
City Clerk

784969

A – General Engineering
_______________________________
Contractor’s License Number/Classification

1000000645
_______________________________
DIR Registration Number

Approved as to Form:

______________________________
Best Best & Krieger LLP
City Attorney

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CONTRACT
23 EXHIBIT “A”

SERVICES / SCHEDULE

 Services

• Rubberized slurry seal, treating City roads as identified in the plans.

 Schedule

• 90 working days.

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24 EXHIBIT “B”
PLANS

 See plans, “Plan, FY 25/26 Slurry Seal Project” as provided by the City.

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CONTRACT
25 EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City . The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

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LABOR CODE CERTIFICATION
26 EXHIBIT “D”

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

AMERICAN ASPHALT SOUTH, INC.

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

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CONTRACTOR REGISTRATION CERTIFICATION
27 EXHIBIT “E”

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public - Works/PublicWorks.html for additional information.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.
1 Name of Contractor:

DIR Registration Number:

DIR Registration Expiration:__________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:

1. Contractor shall maintain a current DIR registration for the duration of the project.

2. Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.

3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor:____________________
Signature:

Name and Title:

Dated:

1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”

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PERFORMANCE BOND
28 EXHIBIT “F”

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Colton (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for FY 2025/2026 SLURRY SEAL PROJECT (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents ”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bo und unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements i n the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during w hich time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City ’s rights or the Contractor or Surety ’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:

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PERFORMANCE BOND
29 (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contra ct price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount pr eviously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City ’s objection to Contractor ’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

Remainder of This Page is Intentionally Left Blank

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PERFORMANCE BOND
30 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title

(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Principal and Surety must be notarized and evidence of corporate authority attached. An original Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)

(Name and Address of Agent or
Representative for service of
process in California, if different
from above)

(Telephone number of Surety and
Agent or Representative for service
of process in California)

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

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer

Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

Page 183 of 308 ends

PERFORMANCE BOND
32 PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Colton (hereinafter designated as the “ City”), by action taken or a resolution passed ___________ , 20 ____has awarded to ________________ hereinafter designated as the “ Principal,” a contract for the work described as follows: FY 2025/2026 SLURRY SEAL PROJECT (hereinafter referred to as the “Project”), and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW, THEREFORE, we, the Principal and
__________________________, a corporation organized and existing under the laws of the State of _______________ and authorized to transact surety business under the laws of the State of California as Surety, are held and firmly bound unto City in the sum of ______________ Dollars ($___________) lawful money of the United States of America, the sum not being less than One Hundred Percent (100%) of the total amount of the Contract, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such

Page 184 of 308 ends

PERFORMANCE BOND
33 suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of paym ent or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

The Remainder of this Page is Intentionally Left Blank

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PERFORMANCE BOND
34 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title

(Corporate Seal) Surety
By

Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. An original Power -of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THE FOLLOWING INFORMATION IS MANDATORY
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________

Page 186 of 308 ends

PERFORMANCE BOND
35 Agent or Representative for service
of process in California)

Page 187 of 308 ends

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

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally

appeared , who proved to me on the basis of satisfactory

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

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

Page 188 of 308 ends

Resolution Number: R-43-26
Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2025/2026 thru 2029/2030
Jurisdiction:

Resolution Approval Date: 5/5/2026
ColtonContact Person/Title: Moises Peralta
Phone: (909) 370-5194
Email: [email protected]
6/30/25 Carryover Balance $1,588,207.21
Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the
City's Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost
FY2025/26 Est. Revenue FY2026/27 Est. Revenue FY2027/28 Est. Revenue FY2028/29 Est. Revenue FY2029/30 Est. Revenue Total Est. Rev. $1,375,906 $1,414,156 $1,453,751 $1,494,889 $1,537,791 $7,276,494 Current
Estimate
Current
Estimate
Current
Estimate
Current
Estimate
Current
Estimate Total
Projects:

Pavement Rehab: Holly Ave. (Hillcrest Ave. to Grant Ave.) No 0.0% 0.0% $58,438 $58,438 $0 $0 $0 $0 $58,438 Pavement Rehab: Monterey Ave. (Bothwell Ave. to Fairview Ave.) No 0.0% 0.0% $21,813 $21,813 $0 $0 $0 $0 $21,813 Pavement Rehab: Miller Dr. (Laurel St. to north end) No 0.0% 0.0% $126,147 $126,148 $0 $0 $0 $0 $126,148 "C" Street Landscaping Project No 0.0% 0.0% $180,000 $180,000 $0 $0 $0 $0 $180,000 Traffic Signal Improvement - Various Streets 0.0% 0.0% $450,000 $450,000 $0 $0 $0 $0 $450,000 Traffic Signal - Hunts Ln./ Stewart St./ Harwick Dr. 0.0% 0.0% $192,500 $192,500 $0 $0 $0 $0 $192,500 FY 25/26 Citywide Slurry Seal Project 0.0% 0.0% $180,000 $180,000 $0 $0 $0 $0 $180,000 FY 25/26 Citywide Sidewalk/ADA Improvement Yes 0.0% 0.0% $150,000 $150,000 $0 $0 $0 $0 $150,000 City Wide Street and Traffic Improvement 0.0% 0.0% $59,346 $59,346 $0 $0 $0 $0 $59,346 Pavement Rehab: Cooley Dr. (West end to Ashley Dr.) Yes Yes 0.0% 0.0% $403,608 $403,608 $0 $0 $0 $0 $403,608 Pavement Rehab: Olive Ave. (La Cadena Dr. to Bordwell Ave.) 0.0% 0.0% $101,160 $101,160 $0 $0 $0 $0 $101,160 Pavement Rehab: Bordwell Ave. (East end of Olive St. to Olive St.) 0.0% 0.0% $33,325 $33,325 $0 $0 $0 $0 $33,325
Pavement Rehab: 11th St. ("M" St. to "O" St.) 0.0% 0.0% $70,360 $70,360 $0 $0 $0 $0 $70,360 Pavement Rehab: Randall Ave. (Pepper Ave. to West City Limit) 0.0% 0.0% $147,753 $147,753 $0 $0 $0 $0 $147,753 Pavement Rehab: Berkeley Ct. (Rosedale Ave. - West End) 0.0% 0.0% $44,505 $44,505 $0 $0 $0 $0 $44,505 FY 24-25 Citywide Alley Paving Project 0.0% 0.0% $63,700 $63,700 $0 $0 $0 $0 $63,700 Citywide Sidewalk and ADA Improvement Project Yes Yes 0.0% 0.0% $257,806 $253,758 $0 $0 $0 $0 $253,758 FY 24/25 Citywide Slurry Seal Project 0.0% 0.0% $200,000 $20,576 $0 $0 $0 $0 $20,576 FY 24/25 Citywide Street and Traffic Improvement 0.0% 0.0% $65,073 $23,193 $0 $0 $0 $0 $23,193 Olive St. Sidewalk Improvement Project (with County of SB) 0.0% 0.0% $826,000 $181,000 $0 $0 $0 $0 $181,000 FY 23/24 Citywide Sidewalk/ ADA Improvement 0.0% 0.0% $264,358 $13,596 $0 $0 $0 $0 $13,596 City Wide Street and Traffic Improvement 0.0% 0.0% $79,239 $20,651 $0 $0 $0 $0 $20,651 "O" Street Improvement Project (La Cadena Dr. to 6th St.) 0.0% 0.0% $185,415 $32,768 $0 $0 $0 $0 $32,768 Bridge Retrofit - Mt. Vernon Ave. over Santa Ana River 0.0% 0.0% $3,500,000 $1,804 $0 $0 $0 $0 $1,804 San Bernardino Ave. St. Improvement bet. Pepper and Indigo (installation curb, gutter, sidewalk, striping & signs) 0.0% 0.0% $450,000 $77,321 $0 $0 $0 $0 $77,321 Barton Bridge Removal Project 0.0% 0.0% $4,500,000 $32,090 $0 $0 $0 $0 $32,090 La Cadena Bridge Replacement Project 0.0% 0.0% $32,000,000 $65,116 $0 $0 $0 $0 $65,116 Citywide Paving Project 0.0% 0.0% $3,320,000 $800,000 $800,000 $810,000 $830,000 $880,000 $4,120,000 Citywide Alley Paving Project 0.0% 0.0% $335,000 $80,000 $80,000 $85,000 $85,000 $85,000 $415,000 Citywide Sidewalk and ADA Improvement Project 0.0% 0.0% $1,160,000 $270,000 $270,000 $280,000 $300,000 $310,000 $1,430,000 Citywide Slurry Seal Project 0.0% 0.0% $900,000 $220,000 $220,000 $225,000 $225,000 $230,000 $1,120,000 Citywide Street and Traffic Project 0.0% 0.0% $209,487 $48,245 $48,245 $58,540 $58,245 $44,457 $257,732

0.0% 0.0% $0 $0 $0 $0 $0 $0 $0
Projects Total: $4,422,774 $1,418,245 $1,458,540 $1,498,245 $1,549,457 $10,347,261 (Must not exceed 150% of Carryover Balance
+ Total Estimated Revenue)Total Programming is currently 117% Total Estimated Programming: $10,347,261

Page 1 of 6 ends

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2023 2025
Budget Carry-over Acct. No.

Pavement Rehab: Holly Ave. (Hillcrest Ave. to Grant Ave.) $ 58,438.00 218-2614-6150-3890 Pavement Rehab: Monterey Ave. (Bothwell Ave. to Fairview Ave.) $ 21,813.00 218-2615-6150-3890 Pavement Rehab: Miller Dr. (Laurel St. to north end) $ 126,148.00 218-2616-6150-3890 "C" Street Landscaping Project $ 180,000.00 218-2617-6150-3890 Traffic Signal Improvement - Various Streets $ 450,000.00 218-2618-6150-3890 Traffic Signal: Hunts Ln./ Stewart St./ Harwick Dr. $ 192,500.00 218-2619-6150-3890 FY 25/26 Citywide Slurry Seal Project $ 150,000.00 218-2620-6150-3890 FY 25/26 Citywide Sidewalk/ADA Improvement $ 180,000.00 218-2621-6150-3890 City Wide Street and Traffic Improvement $ 59,346.00 218-2622-6150-3890 Pavement Rehab: Cooley Dr. (West end to Ashley Wy.) $ 403,608.00 218-2502-6150-3890
Pavement Rehab: Olive Ave. (La Cadena Dr. to Bordwell Ave.) $ 101,160.00 Pavement Rehab: Bordwell Ave. (East end of Olive St. to Olive St.) $ 33,325.00 Pavement Rehab: 11th St. ("M" St. to "O" St.) $ 70,360.00 Sub-Total Pavement Rehab: Randall Ave. (Pepper Ave. to West City Limit) $ 147,753.00 Pavement Rehab: Berkeley Ct. (Rosedale Ave. to West end) $ 44,505.00 FY 24-25 Citywide Alley Paving Project $ 63,700.00
FY 24/25 Citywide Slurry Seal Project $ 20,576.29 218-2503-6150-3890 Citywide Sidewalk and ADA Improvement Project $ 253,758.13 218-2504-6150-3890 FY 24/25 Citywide Street and Traffic Improvement $ 23,192.68 218-2505-6150-3890 Olive St. Sidewalk Improvement Project (with County of SB) $ 181,000.00 218-2419-6150-3890 Citywide Sidewalk/ADA Improvement $ 13,596.14 218-2421-6150-3890 City Wide Street and Traffic Improvement $ 20,651.32 218-2422-6150-3890 Pavement Rehab: Valley Blvd. (Mt. Vernon to Sperry Dr.) $ - $ - Pavement Rehab: Cahuilla St ( South end to Mohave) $ - $ - Pavement Rehab: "O" St. (La Cadena Dr. to 10th) $ - $ - Pavement Rehab: 5th Sreet. (N St. to Agua Mansa Rd.) $ - $ - Pavement Rehab: Cooley - Pacific Glen Subd. Area $ - $ - Pavement Rehab - Pepper Ave (San Bernardino to Randall) $ - $ - Pavement Rehab: Rancho Ave. (La Cadena to Agua Mansa) $ - $ - Pavement Rehab: Laurel Ave., "D" St., Wid Cyn.,K, Shasta, Bostick, Riverside Ave $ - $ - Pavement Rehab: Valley Blvd, Pennsylvania, Rece Cyn. Rd, Weswood, Glennwood, Skyview, 10th $ - $ - Pavement Rehab: Valley, Cooley, 10th St. $ - $ -
Citywide Slurry Seal Project $ - $ -
Pavement Rehabilitation: 7th Street (Valley Blvd. to H St.) $ 44,882.15 $ - 218-2307-6150-3890 O Street Improvement Project (La Cadena to 6th St.) $ 176,865.00 $ 32,767.82 218-2312-6150-3890 San Bernardino Ave. St. Improvement bet. Pepper and Indigo (installation curb, gutter, sidewalk, striping & signs) $ 132,911.31 $ 77,321.31 218-2221-6150-3890 South La Cadena Dr. Sidewalk Installation Project (West side, north of Litton Ave.) $ 124,095.62 $ - 218-2222-6150-3890 Alley Paving: Pennsylvania to 4th (north of Valley), G to Fairway (East of Mt. Vernon), La Cadena to 7th (north of G St.) $ 55,500.00 $ - 218-2223-6150-3890 FY 21/22 Citywide Striping Project $ 17.37 $ - 218-2224-6150-3890 Citywide Street and Traffic Improvement $ 13,024.84 $ 1,922.80 218-2225-6150-3890 Bridge Retrofit - Mt. Vernon Ave. over Santa Ana River $ 56,856.64 $ 1,803.77 450-0637-6970-3890 Barton Bridge Removal Project $ 32,090.00 $ 32,090.00 450-1006-6970-3890 La Cadena Bridge Replacement Project $ 65,115.95 $ 65,115.95 450-1306-6970-3890

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$ 701,358.88 $ 1,588,207.21 $ 1,418,245.00 Roll over
$ 1,418,245.00 FY 25/26
$ 3,006,452.21 FY 25/26 Total

Page 191 of 308 ends

0 $864,411.00

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Resolution Number:

Measure I Local Pass-through Program

FIVE YEAR CAPITAL IMPROVEMENT PLAN
Fiscal Years 2025/2026 thru 2029/2030
Jurisdiction:

Resolution Approval Date:

AdelantoContact Person/Title:

Phone:

Email:
6/30/25 Carryover Balance $0.00
Is Project in
City's
Non-motorized
Transportation
Plan?
(Yes/No)
Does Project
have an ATP
Component?
(Yes/No)
Is the Project on the
City's Nexus Study List?
(Public/DIF Share %)
Estimated Total
Project Cost
FY2025/26 Est.

Revenue
FY2026/27 Est.

Revenue
FY2027/28 Est.

Revenue
FY2028/29 Est.

Revenue
FY2029/30 Est.

Revenue Total Est. Rev.
$1,031,970 $1,060,656 $1,090,349 $1,121,203 $1,153,382 $5,457,559 Current
Estimate
Current
Estimate
Current
Estimate
Current
Estimate
Current
Estimate Total
Projects:
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
0% 100% $0 $0 $0 $0 $0 $0 $0
Projects Total: $0 $0 $0 $0 $0 $0
(Must not exceed 150% of Carryover
Balance + Total Estimated Revenue)Total Programming is currently 0% Total Estimated Programming: $0 Pleasereadyellowcells
incolumnPfor
Directions!

Page 5 of 6 ends

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Directions:

Each Jurisdiction must annually submit a new 5 year CIP to SBCTA by September 1 to receive Local Street Pass-Through funds. 1) Only purple cells need attention/data entry.
2) Select your Jurisdiction in L2 Using Drop Down (Revenue will update automatically)
3) Enter the amount of your unused MSI Local Street funds estimated at the end of the current Fiscal Year in M6.
4) Type the Project Names in column B (see 5 for additional instructions) 5) Please include the type of work. There's no limit on categorial projects, like pavement mgmt or routine maintenance. If adding a specific road/named project, please include road name, limits and type of work. 6) Please enter yes or no as appropriate in cells C&D to indicate if the Project is in a Non-Motorized Trans Plan or has an ATP Component. 7) If the Project is a Capacity Improvement Project/Arterial Project, please enter the Public/DIF Share % from the Nexus Study. Otherwise, leave blank.

Please Contact SBCTA if you need help with this.
8) Please enter Estimated Total Project Cost in column G. May be more than the Measure I amount.
9) Please enter the amount of Measure I Local Street dollars estimated to be spent by Fiscal Year.
10) Make sure the programming doesn't exceed 150% of the 5 Year Estimated Revenue + Carryover Balance. If it does, cell H60 will turn pink as a flag, and will show a % above 150%. You will need to reduce programming during the 5 years per Measure I Policy VLS-9, VVLS-13, or MDLS-11.
11) Hide/Unhide blank project lines as needed. If you need more lines to input Projects, please unhide rows up to line 100. If Projects exceed 100 lines, please contact SBCTA for a revised form.
12) Only input/submit the 5 Year CIP using the SBCTA-approved form sent to you. Contact SBCTA if you encounter problems.
13) All projects with expenditures MUST BE LISTED in the CIP in effect at the time of expenditure as a requirement of the Measure I Ordinance and Policy VLS-9, VVLS-13, or MDLS-11. If an agency spends Measure I Local Street funds on a project not listed, a Revised CIP must be submitted by Sept 1 after the year where the expenditures were incurred to avoid an audit finding. 14) Consider submitting CIP to SBCTA for consistency review/policy compliance prior to adoption by jurisdictions governing body. Please call SBCTA with any questions using contact person from Cover Letter.

Page 6 of 6 ends

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1 2

3 4

5 6

7 8

9 10

11 12

13 14

15 16

17 18

19 20

21 22

23 24

25 26

27 28

RESOLUTION NO. R-43-26

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON,
CALIFORNIA ADOPTING THE REVISED FISCAL YEAR 2025/2026 MEASURE I

FIVE YEAR CAPITAL IMPROVEMENT PLAN AND THE MEASURE I

EXPENDITURE STRATEGY PLAN

WHEREAS the City of Colton is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and

WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and

WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04-1 of the Authority; and

WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Streets Program to annually adopt and update a Five-Year Capital Improvement Program, and

WHEREAS, Expenditure Plans of the San Bernardino County Transportation Authority Ordinance No. 89-1 also require that each local jurisdiction annually adopt and update its Capital Improvement Plans; and

WHEREAS, California Public Utilities Code 190300 and Ordinance No. 04-1 require each local jurisdiction to maintain General Fund expenditures for transportation-related construction and maintenance activities at the required Maintenance of Effort base year level in each fiscal year of the adopted Five-Year Capital Improvement Plan, which for the City of Colton is $313,796 (attached to this Resolution).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON, STATE OF CALIFORNIA DOES HEREBY resolve, reaffirm and adopt the Revised Fiscal Year 2025/2026 Five Year Measure I Capital Improvement Plan.

PASSED, APPROVED AND ADOPTED THIS 05th DAY OF MAY 2026

_______________________________
FRANK J. NAVARRO
Mayor

ATTEST:

______________________________
ISAAC T. SUCHIL
City Clerk

Page 195 of 308 ends

Item: 5.

Staff Report

Meeting Date: May 5, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Contract Award - DM Contracting - Approve Award of Contract for the FY 25/26 Citywide Sidewalk Repair Project to DM Contracting, Inc. in the Amount of $262,812.25.

Recommended Action:

Staff recommends that the City Council take the following action:

1. Authorize the award of contract for the FY 25/26 Citywide Sidewalk Repair Project to DM Contracting, Inc. as the lowest responsive and responsible bidder in the amount of $262,812.25; and authorize City Manager to execute the contract agreement.

Background:

The FY 25/26 Citywide Sidewalk Repair Project is intended for repair or remove-and-install of damaged and lifted sidewalk, as well installation of new and retrofitting of existing American with Disabilities Act (ADA) handicap ramps. The project scopes involves construction of new sidewalk, curb and gutter, and ADA ramps. The project will be funded by Measure I. The project locations and type of improvement are listed and shown in exhibit.

Issues/Analysis:

In accordance with Colton Municipal Code (CMC) Section 3.08.090, a formal request for Notice Inviting Bids was published on March 6, 2026, and March 13, 2026. The sealed bid opening took place on April 2, 2026 at 3:00 p.m.

Six (6) bid proposals were received from contractors. Staff tabulated and evaluated the submitted bids. The sealed bids received are as follows:

DM Contracting, Inc. $262,812.25
CT & T Concrete Paving, Inc. $264,627.50
Gentry General Engineering, Inc. $297,750.00

Page 196 of 308 ends

Pavement Rehab Company $322,888.00
Dash Construction Company, Inc. $443,956.00
All American Building Services, Inc. $491,175.00

Staff recommends award of the contract for the FY 25/26 Citywide Sidewalk Repair Project to DM Contracting, Inc. as the lowest responsive and responsible bidder. The contract with DM Contracting, Inc. is attached as exhibit.

Fiscal Impacts:

Sufficient appropriations for the FY 25/26 Citywide Sidewalk Repair Project are available in the following expenditure accounts listed below:

Funding Source Account No. Contract Amount
Measure I
FY 24/25 Citywide Sidewalk and ADA
Improvements
218-2504-6150-3890-
0000-000
$251,264.18
Measure I
FY 25/26 Citywide Sidewalk and ADA
Improvements
218-2621-6150-3890-
0000-000
$11,548.07
Total $262,812.25

The funding is sufficient to fund the contract with DM Contracting, Inc. in the amount of $262,812.25.

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. EXHIBIT A - Plan, FY25-26 Citywide Sidewalk Repair Project

2. EXHIBIT B - Contract, FY 25-26 Citywide Sidewalk Repair Project

Page 197 of 308 ends

Remove and Replace Sidewalk Length Width SF
830 N. 2nd St. 32 5 160
146 S. 4th St. 20 5 100
390 S. 4th St 20 5 100
489 N. 4th St. 20 5 100
290 S. 5th St. 10 5 50
960 S. 6th St. 30 5 150
355 N. 9th St 15 5 180
370 N. 9th St. 36 5 75
1145 N. 9th St. 10 5 50
1911/1917 Admirality St 5 5 25
685 Avenida Capistrano 5 5 25
240-301 W. Berkeley Ct. 150 5 750
1256 N. Bordwell Ave. 15 5 75
1286 N. Bordwell Ave. 4 5 20
976 Carolyn Ct. 15 5 75
264 W. 'E' St 12 5 60
870 Ellen St 10 5 50
884 Ellen St 25 5 125
431 W. G St 25 5 125
1443 Gilbert J Adame Ct 10 5 50
1869 Grand Ave 12 5 60
191 E. Hanna St (On 9th St. North of Hanna) 8 5 40
436 E. Hanna St 41 5 205
Hunts Ln (between Riverwalk and Cooley Lane 80 5 400
935 N. Illinois Ave. 15 5 75
1724 W. Jeryl Ave. 25 5 125
924 Johnston St 25 5 125
148 E. K St 15 5 75
264 W. K St 15 5 75
523 W. K St 110 5 550
595 W. K St 12 5 60
148 E. L St 26 5 130
150 S. La Cadena Dr. 20 5 100
371 S. La Cadena Dr. 35 5 175
712 N. La Cadena 40 5 200
1065 N. La Cadena Dr. 61 5 305
1100 S. La Cadena Dr. 10 5 50
1120 S. La Cadena Dr. 18 5 90
S. La Cadena Dr 35 5 175
1275 N La Cadena Dr 25 5 125
1330 Latham St. 20 5 100
250 E. Laurel St 25 5 125
946 W. Laurel St. 30 5 150

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219 Loma Roja 41 5 205
188 Loma Verde 34 5 170
897-898 Louise St. 16 5 80
484 Mill St 10 5 50
560 Mill St 14 5 70
1952 Ohio Ave 12 5 60
Orange Grove Ave 250 5 1250
311 Pennsylvania Ave 23 5 115
899 Pennsylvania Ave 8 5 40
945 Pennsylvania Ave 10 5 50
1010 Pennsylvania Ave 25 5 125
1030 Pennsylvania Ave 12 5 60
2008 Pennsylvania Ave 20 5 100
1805 Pepper Tree Lane 6 5 30
835 Pine St. 20 5 100
862 N. Rancho Ave 10 5 50
Rancho Ave (South of Agua Mansa, East side) 15 5 75
1319 Rialto Ave 15 5 75
2171 Rosedale 5 5 25
2653 Rosedale 45 5 225
1896 Topeka Way 16 5 80
151 W. Valley Blvd 20 5 100
777 W. Valley Blvd 12 5 60
863 E Valley Blvd 200 5 1,000
998 Virginia Ave. 52 5 260
1029 Virginia Ave. 30 5 150
1030 N. Western Ave. 10 5 50
1048 N. Western Ave. 35 5 175
2259 S. Wild Canyon Dr 15 5 75
TOTAL 10,765.00

New Sidewalk And Subgrade Preparation
1741 N. Mt. Vernon Ave. 775
311 Pennsylvania Ave 100
TOTAL 875.00

Curb and Gutter
1204 Coral Tree Ln 35
391 W. G St. 20
946 W. Laurel St 18
TOTAL 73.00

Curb Only
243 E. E St 15

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150 W. 'G' St. (435 N. La Cadena) 43
431 W. G St 40
1724 W. Jeryl Ave. 30
484 & 560 Mill St 19
959 Virginia Ave. 10
TOTAL 157.00

Commercial Driveway Approach
371 S. La Cadena Dr. 280
1100 S. La Cadena Dr. 125
S. La Cadena Dr. So. Fogg 175
TOTAL 580.00

Residential Driveway Approach
240-301 W. Berkeley Ct. 1080
408 E. F St 110
431 W. G St 125
573 E. G St 80
946 W. Laurel St 100
484 Mill St. 102
560 Mill St. 300
2171 Rosedale 175
2651 Rosedale (On Berkeley Ct) 200
1896 Topeka Way 110
1045 Virginia Ave. 60
TOTAL 2,442.00

Driveway
946 W. Laurel St 140
TOTAL 140.00

ADA Curb Ramp - Replace
2008 Pennsylvania Ave. 1
1033 Lugo Lane 1
1964 Ohio Ave 1
TOTAL 3.00

Cross Gutter
801 Rancho Ave 65
TOTAL 65.00

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CONTRACT
1 CITY OF COLTON

SHORT FORM CONSTRUCTION CONTRACT
FY 25/26 CITYWIDE SIDEWALK REPAIR PROJECT

1. PARTIES AND DATE.

This Contract is made and entered into this 6 th day of May, 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 DM Contracting, Inc. , a corporation with its principal place of business at 1065 Harber Drive, Colton, CA 92324 (“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 concrete removal and replacing 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 FY 25/ 26 Citywide Sidewalk Repair Project (“Project”) as set forth in this Contract.

3. TERMS

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

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3.2.1.1 Change Orders. Changes to the Contract Time (as defined in Section

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3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contrac tor the Total Contract Price of Two Hundred Sixty Two Thousand Eight Hundred Twelve and 25/100 ths Dollars ($262,812.25) (“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.

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

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

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

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Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.

3.8 Labor

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3.9 Performance of Work; Jobsite Obligations.

3.9.1 Water Quality Management and Compliance.

3.9.1.2 Compliance with the Statewide Construction General Permit .

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3.9.8 Air Quality.

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”).

3.9.9 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.

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CONTRACT
10 and subsurface improvements. No claim for allowances –time or money –will be allowed as to such matters.

3.11 Claims; Government Code Claim Compliance.

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

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Colton City CouncilMay 5, 2026

Colton City Council
May 5, 2026