Cities Index.
Agenda packet

Colton City Council
September 16, 2025

Document
Agenda packet
Meeting
September 16, 2025
Body
Colton City Council
Pages
688
Original file
61.0 MB
Text extracted from the city's file for reading and search. Open the original on coltonca.api.civicclerk.com. That file is the official record.

1809 E. Dyer Rd., Suite 301 981 Corporate Center Drive, Suite 168 1 481 Ford Street, Suite 201 Santa Ana, CA 92705 Pomona, CA 91768 Redlands, CA 92373 (888)714-9642 (888)714-9642 (888)714-9642 3 of 14

EXHIBIT "A"

I. SCOPE OF SERVICES
A. FINAL ARCHITECTURAL / SITE PLANS

1. REVIEW MEETING (COST $ 1,600)
Facilitate meetings with the city to re view site and restroom building design, required utilities, drainage, and zoning, to develop final design documents.

2. DESIGN DOCUMENTS
Prepare and submit PDFs of design documents (30% schematic), (60% development), (90% construction documents); Components to include:

a. ARCHITECTURAL SITE PLAN (COST $ 10,800)
Provide a Title Sheet and Site Plan to include contact information, vicinity map, fully dimensioned parcel boundaries, locations and dimensions of abutting streets and rights-of-way, existing and proposed streets and widths, access and driveway dimensions, location and dimensions of all existing and proposed easements, all ut ility line locations, ADA ramps and path of travel, all proposed structur es (restrooms), building setbacks, location and height of all proposed fencing and gates, trash enclosure locations, dimensioned parking layout. Also provided will be a map legend including gross and net acreage of parcels, gross and net area of structures, required and proposed nu mber of parking spaces, lot coverage, and landscape percentage.

b. PAVING LAYOUTS (COST $ 8,100)
Prepare a paving plan and details identifyi ng paving type, style, color, and manufacture. Details will be review ed by the structur al engineer and based on current standards and typical practices in our industry.

c. SITE AMENITIES AND DETAILS (COST $ 21,600)
Site amenities would include picnic shade structures, shade canopies, play equipment, safety surfacing, par k benches, trash receptacles, seat walls, synthetic turf, drainage system , seat walls, vehicular bollards, vehicular traffic gates, and kiosk. Details will be reviewed by the structural engineer and based on curr ent standards and typical practices in our industry.

d. FENCE AND WALL PLAN (COST $ 8,100)
Prepare fence and wall plans and details based on current standards and typical practices in our industry. Details shall be designed per city standards.

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1809 E. Dyer Rd., Suite 301 981 Corporate Center Drive, Suite 168 1 481 Ford Street, Suite 201 Santa Ana, CA 92705 Pomona, CA 91768 Redlands, CA 92373 (888)714-9642 (888)714-9642 (888)714-9642 4 of 14

e. FLOOR PLANS, BUILDING CIRCULATION (COST $ 8,100)
Prepare floor plans for the restroom fa cility. The floor plans will be labeled and dimensioned on the interior and exterior, wall legend, cross- references, notes, and legends.

f. EXTERIOR ELEVATIONS (COST $ 5,400)
Prepare exterior elevations for the restroom showing building heights, light fixtures, amenities, and building materials.

g. INTERIOR ELEVATIONS (COST $ 8,100)
Prepare interior elevations for the restroom showing fixture heights, finishes, and accessories.

h. ROOF PLAN (COST $ 4,050)
Prepare roof plan showing roof slope, mechanical equipment, overhang, and roofing material.

i. REFLECTED CEILING PLAN (COST $ 4,050)
Prepare reflected ceiling plan to show ceiling finishes, light fixtures, mechanical equipment, and fire sprinkler heads.

j. BUILDING SECTIONS (COST $ 8,100)
Prepare building sections to show wall , roof, foundation, material call out, HVAC equipment, dimensions, and notes.

k. DOOR, WINDOW, MATERIAL, & FI NISH SCHEDULE (COST $ 10,800) Prepare door schedule to show door size , frame, and hardware schedule.

Window schedule to show window fr ame material, window size, and glazing. Material and finish schedule to show building material selection finishes and color.

l. CONSTRUCTION DETAILS (COST $ 13,500)
Prepare construction details for ADA and building construction.

m. COLOR MATERIAL BOA RD (COST $ 1,120)
Provide an 11” x 17” color and mate rial board to provide exact color swatches and material samples.

3. LANDSCAPE AND IRRIGATION COORDI NATION ON-SITE (COST $ 48,760) Coordinate with RHA Landscape Architec t consultant for site landscape and irrigation documents. (See separate propos al for detailed scope and fees in Appendix “A”)

4. ELECTRICAL BUILDING AND SITE COORDINATION (COST $ 23,552) Coordinate with Design West Electrical En gineer consultant for building electrical documents. (See separate proposal for detailed scope and fees in Appendix “B”)

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1809 E. Dyer Rd., Suite 301 981 Corporate Center Drive, Suite 168 1 481 Ford Street, Suite 201 Santa Ana, CA 92705 Pomona, CA 91768 Redlands, CA 92373 (888)714-9642 (888)714-9642 (888)714-9642 5 of 14

5. DRY UTILITY COORDINATION (COST $ 6,647)
Coordinate with Design West Dry Utility Consultant for electrical, gas and communication. (See attached proposal fo r detailed scope and fees in Appendix “B”). This does not inclu de any offsite/onsite relocation of power poles, and/or relocation of offsite facilities.

6. MECHANICAL COORDINATI ON (COST $ 7,613)
Coordinate with Design West Mechanical Engineer consultants for mechanical system documents. (See attached proposa l for detailed scope and fees in Appendix “B”)

7. PLUMBING COORDINATION (COST $ 8,970)
Coordinate with plumbing engineer cons ultants for plumbing systems documents. (See attached proposal for detailed scope and fees in Appendix “B”)

8. MEP OPINION OF COST (COST $ 4,980)
Coordinate with Design West MEP Engineer consultant for the opinion of cost. (See attached proposal for detailed scope and fees in Appendix “B”)

9. FIRE PROTECTION ENGINEER (COST $ 6,720)
Coordinate with Pacific Fire Engineer consul tants for the fire pr otection of the site and buildings. (See attached proposal for detailed scope and fees in Appendix “D”)

10. ENVIRONMENTAL COORDINAT ION (COST $ 20,000)
Coordinate with ECORP Environmental C onsultant for the governmental agency approval process for the project. (Under Separate Contract)

11. STRUCTURAL COORDINATION (COST $ 38,675)
Coordinate with ISE Structural Engineer c onsultants for site and building structural calculations. (See attached proposal for detailed scope and fees in Appendix “C”) 1 2 . S P E C I F I C A T I O N S ( C O S T $ 1 3 , 5 0 0 ) Prepare specifications based on the complet ed plans. Specifications shall conform to the latest Greenbook Standard Specifications for Public Works Construction and typical practices in our industry.

13. FINAL OPINION OF COST (COST $ 6,500)
Update opinion of the construction cost estimate and project schedule.

14. AGENCY COORDINATION MEETINGS (COST $ 3,600)
After receiving design comments, meet wit h (30% schematic), (60% development), (90% construction document s): Planning Department, Building officials, Fire Marshall, City Engineer, and Public Works to review plans in conjunction with project requirements.

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1809 E. Dyer Rd., Suite 301 981 Corporate Center Drive, Suite 168 1 481 Ford Street, Suite 201 Santa Ana, CA 92705 Pomona, CA 91768 Redlands, CA 92373 (888)714-9642 (888)714-9642 (888)714-9642 6 of 14

15. QUALITY ASSURANCE / QUALIT Y CONTROL (COST $ 16,200) Review all in-house and subconsultants plans at (30% schematic), (60% development), (90% construction documents) . Conflict resoluti on, coordination of plans and omissions.

16. PROJECT MANAGEMENT (COST $ 33,750)
Daily management of project team, resources, scope and schedule.

17. WEEKLY SCHEDULING (COST $ 7,100)
Update project schedule weekly to accommodate City Staff of the progress.

B. FINAL ENGINEERING - ONSITE

1. ROUGH GRADING PLAN (COST $ 35,000)
Prepare grading plan in accordance with the City of Colton standards. The Plan will be based on the approved site plan. Plan will show pad elevations, finish surface elevations, slopes, surface drainage facilities with rates of grade, all necessary details and erosion control.

2. INTERIM STORM DRAIN PLANS (COST $ 25,000)
Prepare on-site interim storm drain plans in accordance with City of Colton and County of San Bernardino standards. Plans will include plan and profile of proposed mainlines, all existing and proposed crossings, locations of other underground facilities, laterals and catch basins, manholes and required details.

3. HYDROLOGY / HYDRAULICS REPORT (COST $ 17,000)
Prepare overall on-site hydrology study that includes existing & developed condition hydrology, flood routing if required and establish size of storm drain conduits for on-site systems. This will be coordinated with the overall regional hydrology study for master planned systems as required.

4. EARTHWORK QUANTITIES (COST $ 4,300)
Prepare final earthwork quantity estimate based on rough grading plan including corrective adjustments based on parameters outlined in soils report.

5. STORM WATER POLLUTION PREVENTION PLAN (COST $ 9,000) Prepare Storm Water Pollution Prevention Plan (SWPPP) to identify and implement best management practices for the mitigating storm water pollution during the course of construction of the project in accordance with state, county and local requirements.

6. PRECISE GRADING PLAN (COST $ 80,000)
Prepare grading plan (1"= 20' scale) in accordance with the City of Colton standards. Plan will be based on the approved site plan and concept grading plan.

Plan will show field elevations; access road elevations, ADA improvements, slopes,

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1809 E. Dyer Rd., Suite 301 981 Corporate Center Drive, Suite 168 1 481 Ford Street, Suite 201 Santa Ana, CA 92705 Pomona, CA 91768 Redlands, CA 92373 (888)714-9642 (888)714-9642 (888)714-9642 7 of 14

surface drainage facilities with rates of grade, top of curb elevations, and all necessary construction details.

7. EROSION CONTROL PLAN (COST $ 5,000)
Prepare an erosion control plan in accordance with City of Colton standards to be included in the precise grading plan set. This plan will provide erosion control based on completed rough grading. Interim erosion control, necessary during on site grading is not included.

8. FINAL STORM DRAIN PLANS (COST $ 15,000)
Prepare on-site storm drain plans for in accordance with City of Colton and County of San Bernardino standards. Plans will include plan and profile of proposed mainlines, all existing and proposed crossings, locations of other underground facilities, laterals and catch basins, manholes and required details.

9. FIELD SUBDRAIN PLANS (COST $ 25,000)
Prepare on-site sport field subdrain plans for in accordance with City of Colton and County of Colton standards. Plans will include plan and profile of proposed mainlines, all existing and proposed crossings, locations of other underground facilities, laterals and catch basins, manholes and required details, per selected manufacturer’s specifications.

10. HORIZONTAL CONTROL PLAN (COST $ 5,000)
Prepare a horizontal control pl an which will dimension all per tinent features. This plan will provide sufficient detail to accurate ly layout the site and establish site control.

11. WATER QUALITY MANAGEMENT PLAN (COST $ 19,000)
Prepare Water Quality Management Plan (WQMP) to identify the best management practices for the intended uses of the project in accordance with state, county and local requirements.

12. QUANTITY AND COST ESTIMATES (COST $ 6,500)
Prepare cost estimate based on plans as submitted for plan check.

13. QUALITY ASSURANCE / QUALIT Y CONTROL (COST $ 16,200) Review all in-house and subconsultants plans at (30% Conceptual), (90% construction documents). Conflict resolution, coordination of plans and omissions.

14. PROJECT SUPPORT (COST $ 7,500)
Attend and provide clarification or additional information as needed with client, other consultants, and governmental agencies as required to accomplish services included herein.

15. CONSULTATION AND MEETINGS (COST $ 10,500)
Attend coordination, status, or progress meetings as needed throughout the duration of the project.

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1809 E. Dyer Rd., Suite 301 981 Corporate Center Drive, Suite 168 1 481 Ford Street, Suite 201 Santa Ana, CA 92705 Pomona, CA 91768 Redlands, CA 92373 (888)714-9642 (888)714-9642 (888)714-9642 8 of 14

C. FINAL ENGINEERING - OFFSITE

1. STREET TOPOGRAPHY SURVEY (COST $ 11,700)
PBLA Surveying, Inc. Complete a field survey of the areas of street joins, existing roadway cross-sections at 25-foot stations, and locate existing features, identify manholes and valve cans to be adjusted, and locations and elevations for match- up paving and curb.

2. STREET IMPROVEMENT PLANS (COST $ 12,000)
Prepare street improvement plans in accordance with City of Colton standards.

Plan will show limits of removals, proposed curb, A.C., and driveway improvements, drainage, and all construction details.

3. SEWER & WATER IMPROVEMEN T PLANS (COST $ 12,000)
Prepare sewer plans in accordance with the City of Colton standards. Sewer Plans will include plan and profile of proposed mainlines, all existing and proposed crossings, locations of other underground facilities, laterals, manholes and required details. Proposed easements will also be shown. Lift Station by others.

Water Plans will include plan view design and show fire, irrigation and domestic connections and meters.

4. SIGNING AND STRIPING (COST $ 8,000)
Prepare signing and striping plans in accordance with City of Colton standards.

Plan will show installation of all required traffic signage, striping and other required delineation in accordance with City of Colton standards.

5. STREET LIGHT IMPROVEMENT PLANS (COST $ 6,000)
Prepare street light plans in accordance with the City of Colton standards. Plans will include all proposed light locations, pull boxes, conduits and pedestals.

6. QUANTITY AND COST ESTIMATES (COST $ 6,500)
Prepare cost estimate based on plans as submitted for plan check.

7. QUALITY ASSURANCE / QUALIT Y CONTROL (COST $ 1,500) Review all in-house and subconsultants plans at (30% Conceptual), (90% construction documents). Conflict resolution, coordination of plans and omissions.

8. PROJECT SUPPORT (COST $ 2,500)
Attend and provide clarification or additional information as needed with client, other consultants, and governmental agencies as required to accomplish services included herein.

9. CONSULTATION AND MEETINGS (COST $ 5,250)
Attend coordination, status, or progress meetings as needed throughout the duration of the project.

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1809 E. Dyer Rd., Suite 301 981 Corporate Center Drive, Suite 168 1 481 Ford Street, Suite 201 Santa Ana, CA 92705 Pomona, CA 91768 Redlands, CA 92373 (888)714-9642 (888)714-9642 (888)714-9642 9 of 14

II. SPECIAL PROVISIONS – A RCHITECTURAL AND ENGINEERING A. ASSUMPTIONS / EXCLUSIONS

1. Proposal is based on Conceptual documents submitted June 2025

2. Pricing for Final Architectural and Engineering includes 60%, 90%, 100%, and Final Submittals.

3. It is our understanding that the proj ect will be designed, graded, and constructed in one phase.

4. Existing and proposed developments adjacent to the site will be coordinated with this project.

5. Sewer Lift Station not included.

6. Note that the Erosion Control Plan is separate and apart from the Storm Water Pollution Prevention Plan. These are different documents, and both items will be required.

7. Any future survey mapping, includi ng easements, will be in a separate proposal.

8. This proposal does not include bidding and construction administration.

III. DUTIES OF CLIENT
Without attempting to be all inclusive, the following items will be supplied by the client.

1. Permit fees, processing fees and other such fees are to be paid by the client.

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1809 E. Dyer Rd., Suite 301 981 Corporate Center Drive, Suite 168 1 481 Ford Street, Suite 201 Santa Ana, CA 92705 Pomona, CA 91768 Redlands, CA 92373 (888)714-9642 (888)714-9642 (888)714-9642 10 of 14

IV. COMPENSATION
Client agrees to compensate for the above-named services as follows:

1. FINAL ARCHITECTURAL - BUILD ING & SITE $359,987.00

2. FINAL ENGINEERING - ONSITE $280,000.00

3. FINAL ENGINEERING - O FFSITE $ 65,450.00

GRAND TOTAL = $705,437.00

Any additional work done at your direct ion, will be billed at our standard hourly rates:

Principal .................................................................................... $250.00 Director ...................................................................................... $180.00 Engineer/Surveyor ..................................... ...............................$180.00 Planner/Architect/Landscape Architect .................................. $180.00 AutoCAD Draftsman ................................................................. $135.00 Survey 2-Man Crew .................................................................. $245.00 Survey 2-Man Crew Prevailing Wage ...................................... $315.00 Clerical ........................................................................................ $95.00

4. Invoicing will be monthly based on percent completion.

5. Blueprints, reproductions, CAD pl otting, outside messenger services and other out of pocket expenses will be charged at a direct cost.

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1809 E. Dyer Rd., Suite 301 981 Corporate Center Drive, Suite 168 1 481 Ford Street, Suite 201 Santa Ana, CA 92705 Pomona, CA 91768 Redlands, CA 92373 (888)714-9642 (888)714-9642 (888)714-9642 11 of 14

APPENDIX “A”

RHA LANDSCAPE ARCHITECTURE

PROPOSAL

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6 8 4 0 I N D I A N A A V E N U E , S U I T E 1 0 0, R I V E R S I D E , C A L I F O R N I A 9 2 5 0 6 ( 9 5 1 ) 7 8 1- 1 9 3 0 w w w . r h a l a . c o m L I C E N S E #2 7 9 9

May, 14, 2025

Jeff Scott
PBLA Engineering
1481 Ford Street, Suite 201
Redlands, CA 92373

RE: Colton Soccer Complex – City of Colton
Landscape Architectural Services

Dear Jeff:

We are very pleased to provide you with this proposal for landscape architectural services for the Colton Soccer Complex in the City of Colton.

SCOPE OF SERVICES

1. Project Administration and Coordination
We coordinate the project with you and City staff throughout the course of the projects. This includes virtual and in person meetings as needed.

2. Irrigation Plan & Details
We will prepare an irrigation plan delineating all irrigation for the new improvements. Details for proper installation will be provided. It is assumed that all of the existing turf irrigation at Davis Park will remain and we will only be preparing irrigation plans for the new landscape areas.

3. Planting Plan & Details
RHA will prepare a planting plan delineating all planting for the new improvements. Details for proper installation will be provided. It is assumed that all of the existing turf irrigation at Davis Park will remain and we will only be preparing planting plans for the new landscape areas.

4. Specifications
The Design Team will prepare specifications for the proposed improvements.

5. Plan Check Revisions & Coordination
We will make all necessary revisions to the plans based on plan check comments from the City.

6. Opinion of Probable Construction Cost
We will provide a cost estimate for our portion of the improvements

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Colton Soccer Complex May 14, 2025
Colton, California

RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.

SCHEDULE OF FEES

Upon your review of the above referenced scope of services, please sign and return this agreement to RHA Landscape Architects-Planners, Inc. An emailed PDF copy of this agreement is sufficient.

Cordially, Authorized by:

RHA Landscape Architects-Planners, Inc. _________________________________

Doug Grove, RLA, ASLA, LEED AP Name/Title:

President
By:

Date:

Colton Soccer Complex RHA Landscape Architects-Planners, Inc.

RHA Landscape Architects-Planners, Inc.

Planting and Irrigation
Principal Project
Manager
Landscape
Designer
$210 $180 $150

PLANTING AND IRRIGATION
Project Management and Meetings 2 16 16 34 5,700$ Irrigation Plan & Details 4 40 60 104 17,040$ Planting Plan & Details 4 16 40 60 9,720$ Specifications 2 8 16 26 4,260$ Plan Revisions and Coordination 4 16 20 3,120$ Opinion of Probable Construction Cost (65% & 100%) 2 8 10 1,560$ Subtotal Hours 12 86 156 254 Subtotal Dollars 2,520$ 15,480$ 23,400$ 41,400$ Expenses 1,000$
TOTAL 42,400$ $42,400
$1,000
TOTAL
May 14 2025
TASK
RHA Landscape Architects-
Planners, Inc.

Total Hours

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Colton Soccer Complex May 14, 2025
Colton, California

RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.

ATTACHMENT - 1

NORMAL HOURLY RATES
Senior Principal $240 per hour
Principal Landscape Architect 210 per hour
Project Manager 170 per hour
Landscape Designer 150 per hour
Administrative Personnel 80 per hour

OUTSIDE CONSULTANTS
Services of outside consultants not listed in this proposal, at our direct cost, plus 15% of the actual cost of their services for coordination.

REIMBURSABLE ITEMS
Reimbursable items, such as the cost of blueprinting, graphic reproduction, plotting, FAX and photo copying, at our direct cost plus 15%. Auto travel will be charged at .585 cents per mile.

OVERTIME REQUESTS
It is RHA’s responsibility to schedule the project’s completion under normal conditions without the use of the staff on an overtime basis. If the Client adjusts the deadline or requests that work be completed earlier than originally scheduled and thus req uires overtime, the fees shall be adjusted to cover the increased costs incurred by RHA. The hourly rates for overtime will be one and one-half (1-1/2) times the hourly rates above.

CONDITIONS OF PAYMENT
We will bill on a monthly basis in proportion to the time spent on the project to date. All billing statements are due upon receipt. Interest will be charged at the rate of 1 -1/2% per month on the past due balance thirty days and over. Due to increases in wages/benefits, fees and hourly rates are subject to an annual increase of 6%.

NOTICE
Landscape Architects are regulated by the State of California. Any questions concerning a Landscape Architect may be referred to: The Landscape Architects Technical Committee, 400 R Street, Suite 4000, Sacramento, California 95814, (916) 445-4954.

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Colton Soccer Complex May 14, 2025
Colton, California

RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.

ATTACHMENT-2

ADDITIONAL SERVICES
Additional services shall be performed only when requested or approved by the Client. Compensation for such services shall be in accordance with our Normal Hourly Rates and Reimbursable items per Attach.-1.

Additional services may include, but are not limited to:

1. Revisions or modifications to documents, drawings, or specifications when such revisions or modifications are inconsistent with approvals or instructions previously given or are required by the enactment or revision of codes or laws by governmental agencies having jurisdiction over the project subsequent to the preparation of such documents, drawings, or specifications.

2. Any work requested by the City that is not heretofore mentioned.

OWNER’S RESPONSIBILITY

1. The cost of blueprinting, graphic reproduction, plotting, and other reimbursable items per Attachment-1.

OWNERSHIP OF DOCUMENTS
Drawings and specifications shall become the property of the Client at completion of services and payment thereof. RHA, however, does not assume any professional responsibility or liability for use of the drawings or specifications at any location other than this particular site. Architect will hold RHA harmless for any error or omission arising out of the u se of the drawings and specifications at any other location and will be responsible for defending RHA from any third party actions because of such use.

INDEMNIFICATION
It is recognized and agreed that the design services provided for in this Agreement will not and cannot be completed until all such services, including field observation services, have been performed in full by RHA.

The Client acknowledges that the inability of RHA to complete those services will significantly increase the risk of loss resulting, among other causes, from misinterpretation of the intent of the design, unauthorized modifications thereto, and failure to detect errors and omissions in the plan s and specifications before they become costly mistakes built into the project. Therefore, in the event that this agreement is prematurely terminated or that RHA is otherwise precluded from completing the services set forth herein, the Client agrees to hold harmless, indemnify, and defend RHA from and against any and all claims.

LIMITATION OF LIABILITY
The Client agrees to limit RHA’s liability to the Client and to all construction contractors and subcontractors on the project due to RHA’s negligent acts, errors or omission, such that the total aggregate liability of RHA shall not exceed fifty thousand d ollars ($50,000.00) or the amount of RHA’s contractual fee, whichever is greater.

TERMINATION OF AGREEMENT
This agreement may be terminated by either party upon seven (7) days written notice via registered mail, should the other party fail substantially to perform in accordance with its terms through no fault of the other. In the event of termination due to the fault of others, the landscape architect shall be paid his compensation for expenses then due. If a dispute arises under this contract and litigation is instituted, the prevailing party shall be entitled to recover its reasonable attorney fees.

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1809 E. Dyer Rd., Suite 301 981 Corporate Center Drive, Suite 168 1 481 Ford Street, Suite 201 Santa Ana, CA 92705 Pomona, CA 91768 Redlands, CA 92373 (888)714-9642 (888)714-9642 (888)714-9642 12 of 14

APPENDIX “B”

DESIGN WEST

MECHNICAL, ELECTRICAL, AND PLUMBING ENGINEER

PROPOSAL

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Colton Soccer Complex
Initial ______

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412 E. Vanderbilt Way | San Bernardino, CA 92408
Pacific Northwest 425.458.9700 | Southern California 909.890.3700 | DesignWestEng.com Date: April 30, 2025
Company: PBLA Engineering Inc.
1481 Ford Street
Redlands, CA 92373
Attention:Matt Evans
Subject: Colton Soccer Complex
Our Proposal #P-2517534

PROJECT SCOPE
Provide Construction document design and specifications for Colton Soccer Complex of approximately 500,000 SF of total area located in Colton, CA. Scope is to include the following:
•Utility coordination required for new electrical service •New LED lighting at walkways
•New parking lot lighting
•New soccer field sports lighting
•MEP design services for two new restroom/concession buildings

PROJECT ASSUMPTIONS
1) Proposal based on drawings/SOW/RFP dated 4/23/25
2) Design Phases: DD, 50%CD, 100%CD, Permit, Bid, CA
3) Dry utility coordination will be handled by:
a) Power: DWE
b) Telephone/Fiber: DWE
4) Code cycle: 2022
5) Construction and Bid support is included

SERVICES INCLUDED
1) (1) Pre-design electrical site visit for observation of readily visible existing conditions 2) (2) Virtual conference/coordination meetings
3) Book format Mechanical, Plumbing and Electrical specifications 4) Licensed Professional Engineer’s stamp and signature 5) Review of quantities and scope within construction costs estimates provided by architect 6) Detailed estimate of probable construction cost
7) Mechanical plan(s) including the following:
a) Design of HVAC system and equipment: Split system units for the concession stands and exhaust ventilation for the restrooms, unless natural ventilation is determined

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Colton Soccer Complex
Initial ______

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Mechanical I Electrical I Plumbing I Commissioning I Fire Protection I Technology I Energy b) Energy calculations for the building envelope and mechanical requirements for the concession building
c) Location of new HVAC units and equipment
d) Duct layout and air distribution for all equipment listed above 8) Plumbing plan(s) including the following:
a) Schedule of plumbing fixtures
b) Complete plumbing system layout and sizing including domestic waste and vent, domestic water (hot and cold)
c) Condensate piping for HVAC units
d) Coordination of site utilities with contracted civil engineer e) Building utilities points of connection up to 5 feet outside of building 9) Electrical site plan including the following:
a) Site lighting layout, circuiting, and control wiring diagram for general lighting purposes b) Point by Point of site lighting foot candle levels
c) Site raceway system, vault/pedestal locations and sizes, meter location/requirements, transformer pad locations
10) Lighting plan(s) including the following:
a) Schedule of lighting fixtures
b) Lighting layout and circuiting
c) Energy code lighting compliance forms
d) Lighting control wiring diagrams
11) Electrical power plan(s) including the following:
a) New service entrance and main meter sections design
b) Distribution and branch panel locations
c) Single line diagram
d) Load schedules
e) Panel schedules
f) Convenience receptacle layout and circuiting
g) Voltage drop calculations
h) HVAC and plumbing equipment power connections specified by Mechanical Engineer 12) Utility Coordination including the following:
a) Electrical utility coordination including the following:
i) Coordination of power service with serving utility
ii) Completion of all paperwork and plan submittals with power company iii) Site meeting with power company
13) Deliverables as follows:
a) Progress sets at the request of client - .pdf electronic files b) For submission/re-submission to Plan Check - .pdf electronic files 14) Plan Check and Permit support services:
a) Completion of applicable governing agency plan check comments 15) Bidding support services:
a) Provide response to RFIs to Architect
b) Provide clarifications and revisions to drawings and/or specifications when required 16) Construction administration support services:
a) Provide response to RFIs to Architect

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Colton Soccer Complex
Initial ______

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Mechanical I Electrical I Plumbing I Commissioning I Fire Protection I Technology I Energy b) Review and return to the Architect, shop drawings and submittals i) Submittals will be returned no later than 5 business days unless otherwise coordinated with the project team. If longer review is needed, DWE will inform the project team.

SERVICES NOT INCLUDED
1) LEED Documentation, Credit Analysis or Credit Templates 2) Commissioning and/or Energy Code acceptance testing services 3) Removal of electrical panel covers, disassembly of equipment or removal of building materials required to document existing conditions.
4) Plumbing utility design and layout beyond 5 feet outside of the building 5) Upgrade to the following existing systems due to inadequate capacity or condition a) Electrical service or panelboards
6) Site improvements
7) Communication, coordination or completion of service applications with utility companies for new or modified services with power, telephone, gas, and wet utility companies 8) Project meetings, construction site visits, or recurring coordination meeting conference calls beyond those listed in scope
9) Revisions to our plans after plan check approval due to changes in design, such as floor plan and site plan modifications, or additional scope changes
10) Life cycle cost analysis
11) More than two design alternatives up to schematic design 12) Changes in design approach, design alternatives or alternative modeling after schematic design phase is complete
13) Calculation of plan check and/or building permit fees or payment thereof 14) Delivery of plans to City or County agencies
15) Obtaining agency approvals and permits including governmental (federal, state, county, or city) or utility companies (power, telephone, cable tv, gas, water, sewer or any other utility companies) 16) Printing of additional sets of drawings other than listed in scope 17) Construction contract bid negotiation process
18) Engineering services for building other than those listed in scope of work 19) Preparation of record/As-Built drawings
20) Preparation of multiple drawings or drawing set for separate construction phasing unless specifically indicated in Project Scope or Services Included
21) Sub-contracts with any other consultants such as Structural Engineers, or Architects for out-of-scope work such as equipment platforms and support or site lighting pole base calculations 22) Verifying locations of existing underground utilities which transit the site 23) Design of solar photovoltaic systems and energy storage systems and calculations 24) Special effect lighting systems such as Theatrical lighting 25) Temporary power design
26) Load monitoring of existing electrical systems or circuit tracing of existing circuits and feeders 27) Emergency engine generator fuel supply systems remote from the generator; engine exhaust air pollution control/abatement systems and permits (AQMD); engine generator cooling/combustion air supply/return systems
28) Public street lighting, traffic control, street improvements and offsite utilities

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Mechanical I Electrical I Plumbing I Commissioning I Fire Protection I Technology I Energy 29) Arc flash hazard analysis and protective device coordination study 30) Application or documentation for rebate program(s) other than listed in scope 31) Any coordination or permit application/acquisition for local department of transportation and/or any other agency not shown in the “inclusions” portion of the Scope of Work 32) Low voltage systems design and equipment specifications including the following:
a) Voice/Data, Network and Intercom systems
b) CCTV and Cable television systems
c) Building and site Fire alarm system
d) Security and Access Control systems
e) Audio/Video and Music/paging systems

DRAWING DESIGN FORMAT
Software used for construction drawings will be based on the following:

AutoCad® version 2022 or later

PROVIDED BY CLIENT
1) Record drawings of existing MEP systems
2) Project street address
3) Computer drawings files and associated support files as well as drawing format requirements 4) Catalog cuts of specific fixtures or equipment requested by your office or owner 5) Requirements of all equipment specified by your office and/or other consultants to be connected to mechanical, plumbing or electrical system
6) Format for book form specifications including font type, header and/or footer layout 7) Name, address and telephone number of any available project contacts (i.e. additional consultants, plan check, owner’s representative)
8) Restrictions or requirements to the property put in effect through conditional use permits or other likewise attachments to this property
9) Billing schedule for invoicing if specific requirements apply 10) 30-Day load recordings for requested electrical panels intended to be reused and 12 months of electric utility bills for verification of existing peak demand on main service 11) Civil CAD file with overhead and underground utilities shown 12) PDF and CAD files of required drawings such as electrical, communications and civil

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Mechanical I Electrical I Plumbing I Commissioning I Fire Protection I Technology I Energy FEE
We propose to provide services as outlined in the proposal for subject project for the sum shown below.

The breakdown of fees is as follows:

Discipline/Task Total
Mechanical $6,620.00
Plumbing $7,800.00
Electrical $16,280.00
Dry Utility Coordination $5,780.00
MEP Detailed Cost Estimate $4,330.00
Sub-Totals $40,810.00
NOTES
1) Attendance at design meetings at client’s office, other than listed above, will be performed for the additional fee of $500.00 per meeting, per person, up to two hours. Meeting time in excess of two hours will be billed at $185.00 per hour.
2) Attendance at virtual design meetings, other than listed above, will be billed at $185.00 per hour per person.
3) Attendance at site meeting(s), other than listed above, will be performed for the additional fee of $600.00 per trip, per person, for up to two hours. Site meeting time in excess of two hours will be billed at $185.00 per hour, per person.
4) Design West Engineering shall be provided by the client such information as is available to the client and the clients’ consultants and contractors and shall be entitled to rely upon the accuracy and completeness thereof.
5) Design West Engineering’s fees are based on the understanding that the existing utilities and equipment have adequate capacity unless noted otherwise above. Any additional engineering required for upgrade will be provided at our regular hourly rates. Any services required during construction, outside of those listed previously, will be performed at our regular hourly rates. 6) If either party to this contract brings action to enforce this contract, the prevailing party shall recover its attorney’s fees and cost from the losing party.

REIMBURSABLE EXPENSES
The following expenses, if incurred and paid by consultant while rendering services under this agreement shall be reimbursed by the client:
1) Reproduction expenses over and above standard design development coordination shall be billed at $6.00 a sheet
2) Travel expenses for mileage, which shall be billed at $0.70/mile 3) Postage, shipping and handling of any requested expedited delivery 4) Outside services or consultants where required and approved in advance 5) Other such expenses as may be approved in advance

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Mechanical I Electrical I Plumbing I Commissioning I Fire Protection I Technology I Energy All reimbursable expenses shall be approved in advance. Payment for reimbursable expenses, as described herein, shall be computed at one and ten hundredths (1.10) times the amounts expended by the consultant for such services, in the interest of the project.

TERMS AND CONDITIONS
The following Terms and Conditions will govern all services performed on behalf of Client and are hereby incorporated into the Engineering Services Fee Proposal. 1)Design Services. Design documents including plans, specifications and reports represent Design West Engineering’s (“DWE”) judgment as a design professional with respect to the proper installation of equipment and components of the work. It is recognized, however, that DWE does not have control over contractor’s proper performance of the work, including but not limited to the contractor’s means, methods, techniques, sequences and procedures of construction. Accordingly, DWE cannot and does not warrant or represent that equipment and components of the work will not vary from the requirements of the contract documents or comply with applicable codes. DWE does not perform any work of a contractor and its Design Services are limited to design, plans, and oversight only. No withholding, deductions or offsets shall be made from DWE’s compensation for any reason unless DWE has been found to be legally liable for such amounts. Payment of DWE’s fees shall be a condition precedent to bringing any action or suit against DWE.
2)Payment. All fees and other charges will be billed to Client monthly and will be due and payable no later than 30 days after the date of invoice. Payment to DWE will not be withheld, postponed or made contingent on the construction, completion or success of the project or upon receipt by the Client of project funds, offsetting reimbursements, or credits from other parties. Client shall pay DWE upon completion of project. If invoice from DWE has not been provided, Client shall notify DWE to complete invoicing.
3)Additional Services. Any services not explicitly described as being performed by DWE or its subconsultants are excluded. If agreed to in writing by Client and DWE, DWE will provide additional services. Client will pay DWE for such additional services in accordance with DWE’s current fee schedule or as otherwise agreed by Client and DWE in writing. These Terms and Conditions will apply to all additional services provided by DWE. In the case of additional services added to the Engineering Fee Proposal, DWE’s liability shall be limited to the extent of the additional fee for the specific additional services added.
4)Re-Mobilization. If services of this agreement are commenced and a project delay or hold occurs outside the control of DWE for longer than 3 months, an additional 10% remobilization fee will be required at each occurrence.
5)Professional Standards. Subject to all conditions set forth herein, DWE will only be liable for breaching its obligation to perform its services to the level of competency maintained by other practicing engineering professionals in the same or similar community performing the same services at the same time as they were performed by DWE. DWE makes no warranties, either express or implied. DWE does not guarantee the completion or quality of performance of contracts by the construction contractor or subcontractors, or other third parties, nor accepts responsibility for their acts, omissions or any safety precautions.
6)Independent Contractor. The relationship of DWE to Client shall at all times be that of an independent contractor. DWE shall not be liable for the acts of Client or its agents in performing Work. 7)Document Ownership. DWE holds copyright for all tracings, calculations, and other original documents

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Mechanical I Electrical I Plumbing I Commissioning I Fire Protection I Technology I Energy produced by DWE and such documents shall be the property of DWE, except when otherwise provided by law, governmental requirement, or by prior agreement, these documents become public property or the property of the Client. A limited license is granted to use the documents for the specific purposes and project covered by the Agreement. Reproduction of these documents either in hard copy or soft copy (including posting on the web) is prohibited without copyright permission. No right to create modifications or derivatives of DWE documents is granted pursuant to this limited license.

You may not remove any copyright or other proprietary notices contained in the documents and information. Any product, process or technology described in the documents may be the subject of other Intellectual Property rights reserved by DWE. The drawings, specifications, and reproductions thereof are instruments of service to be used only for the specific project covered by the Agreement between the Client and DWE. DWE assumes no liability for misinterpretation, modification, or misuse by others of any instruments of service prepared by DWE in accordance with its services. 8)Electronic Documents. If DWE provides Client any design documents, including but not limited to plans and specifications, in electronic form (“Electronic Documents”), acceptance and use of the Electronic Documents by Client shall be at Client’s sole risk and Client will: (a) Waive and covenant not to sue DWE alleging any inaccuracy or defect in the Electronic Documents; (b) Agree that DWE makes no representation with regard to the compatibility of the Electronic Documents with Client’s software or hardware; and (c) to the fullest extent permitted by law, indemnify, hold harmless, reimburse and defend DWE from, for and against any alleged claim, damage, liability, or cost, including but not limited to attorneys’ fees, that may arise from Client’s use of the Electronic Documents or any subsequent modification of the Electronic Documents by any person or entity. 9)Schedule. DWE will perform its services with reasonable diligence consistent with sound professional practice as ordinarily provided by engineers practicing in the same or similar locality under the same or similar circumstances. Client will require its other consultants and contractors to incorporate into their schedule’s reasonable periods of time for DWE to perform its services and will require that they coordinate their services with DWE’s services. Client is aware that many factors outside DWE’s control may affect DWE’s ability to timely perform and complete its services and Client agrees that DWE is not responsible for damages arising directly or indirectly from any delays, including but not limited to liquidated damages.
10)Cost Estimates. Any cost estimates provided by DWE will be based on DWE’s professional experience and judgment. However, Client agrees that DWE has no control over market conditions or bidding procedures and, as a result, DWE does not warrant that bids or construction costs will not vary from DWE’s cost estimates.
11)Construction Support. If specifically included in the scope of DWE’s services, construction support services will be performed solely for the purpose of reviewing portions of the work for general conformance with the design concept set forth in the contract plans and specifications. These services are different from inspection or other quality-control services. The Client shall coordinate the contractor’s involvement in any DWE construction support services and shall provide DWE all necessary contracts and documents to perform the same. DWE will not provide any administration of the contract between the contractor and the Client. DWE is not a contractor and does not provide the services of a contractor under any circumstances. DWE will not supervise, direct or have control over any contractor’s work, nor will DWE have any responsibility for the means, methods, techniques, sequences or procedures of construction selected by the contractor, nor will DWE be responsible for the contractor’s safety precautions and programs in connection with the work, nor will DWE be responsible for the contractor’s failure to perform the work in accordance with the requirements of

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Mechanical I Electrical I Plumbing I Commissioning I Fire Protection I Technology I Energy the contract documents or applicable building or structural codes, nor will DWE be responsible for the acts or omissions of the Contractor or of any other persons or entities performing portions of the work, all of which are the sole responsibility of the contractor or its agents. 12)Submittal Review. DWE will review and render appropriate services on shop drawings, product data, samples, and other submittals required by the contract documents. Such review shall be solely for general conformance with the design concept and the information shown on the contract documents.

DWE’s review will not include review of the accuracy or completeness of details, such as quantities, dimensions, weights or gauges, fabrication processes, construction means or methods, compliance with applicable building or structural codes, coordination of the work of other trades or construction safety precautions, all of which are the sole responsibility of the contractor. DWE’s review will be conducted with reasonable promptness (no more than 5 business days from when DWE receives the submittal) while allowing sufficient time in DWE’s judgment to permit adequate review. Review of a specific item shall not indicate acceptance of an assembly of which the item is a part. DWE will not review and will not be responsible for any deviations from the contract documents not clearly identified in writing on the submittal by the contractor, nor will DWE be required to review partial submissions or those for which submissions for correlated items have not been received. 13)Copyright License. Client hereby irrevocably grants to DWE, its employees, agents, licensees, independent contractors and assigns the perpetual, assignable, royalty-free, worldwide right and license to use any photograph depicting property for which DWE performs services (“Content”), in whole or in part, including the rights to reproduce, sublicense, transfer, publish, distribute, publicly display, broadcast, download, transmit, modify and prepare derivative works, in any manner or media now known or later developed, for the marketing and sale of DWE products or services and for any other business purpose or activity relating to DWE. Client waives any right to inspect or approve DWE’s use of the Content, including written copy that may be created in connection therewith. 14)Termination for Convenience. Either DWE or Client may terminate this Agreement at any time with or without cause upon giving the other party seven (7`) calendar days’ prior written notice. Client will pay DWE for all services rendered and all costs incurred up to the date of termination, along with all other reasonable termination costs, including but not limited to expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the DWE’s anticipated profit on the value of the services not performed by DWE. If no notice of termination is given, DWE’s obligations created by this Agreement will be terminated upon completion of the services.
15)Notice of Deficiencies. Client shall provide prompt written notice within thirty (30) days of when Client becomes aware or should have reasonably been aware of any fault or defect in the project, including errors, omissions or inconsistencies in the services and work product provided by DWE. 16)Indemnity. Subject to all provisions of this Agreement and to the fullest extent permitted by law, Client shall indemnify, hold harmless, reimburse and defend (with counsel of DWE’s choice) DWE, its employees, officers, directors and agents from, for and against all actual or alleged claims, losses, damages, costs and expenses arising from or related to the work, the Project, or this Agreement (with the sole exception that Client will have no duty to indemnify DWE from claims or losses to the extent those claims or losses are caused by the fault or negligence of DWE or its employees as adjudicated by a court of competent jurisdiction). Under no circumstances shall DWE be liable for any actual or alleged claims, losses, damages, costs and expenses arising from or related to the work, fault, or negligence of its subconsultants.
17)Modifications. No change, modification, or amendment to this Agreement will be valid unless agreed

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Mechanical I Electrical I Plumbing I Commissioning I Fire Protection I Technology I Energy to by both of the parties hereto in writing.
18)Successors and Assigns. This Agreement shall inure to the benefit of and shall be binding upon each of the parties hereto and such parties’ partners, successors, executors, administrators, and assigns. 19)Severability. In the event any clause or portion thereof in this Agreement is deemed invalid or unenforceable by a court or arbitrator of competent jurisdiction, then that clause or portion thereof will be treated as if it were omitted at the time of execution, and the remaining terms of this Agreement shall survive and be enforceable.
20)Dispute Resolution. Client agrees that any claim, damage, or dispute arising out of these Terms and Conditions, or any services performed by DWE will be resolved by litigation, or, at DWE’s determination, binding, and confidential arbitration before a single arbitrator, in the place where the project is located. If arbitration is selected, the parties shall mutually select the arbitrator and the rules applicable to the arbitration process. Unless the parties mutually agree otherwise, the arbitration shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement. As a condition precedent to serving a demand for litigation or arbitration, Client agrees that it will obtain a written certificate executed by an independent design professional with similar experience on similar projects and licensed in the jurisdiction in which the project is located certifying that DWE failed to meet the applicable standard of care. Client will provide DWE with a copy of the certificate and all written analysis supporting the certificate’s findings at least 30 days before serving a demand for litigation or arbitration. Mediation shall be a prerequisite to litigation or arbitration. Client and DWE agree that any party hereto shall commence all claims and causes of action within the period specified by applicable law but in any case, not more than Seven (7) years after the date of substantial completion of the project. Client and DWE waive all claims and cause of action not commenced or noticed in accordance with the time periods in this section.
21)Governing Law: The laws of the State that the project is constructed will govern the validity of this Agreement, its interpretation and performance. Any dispute arising in any way from this Agreement shall be subject to the jurisdiction of the courts of that State. 22)Client’s Terms. Any terms and conditions set forth or referenced in Client’s purchase order, requisition, or other notice of authorization to proceed are inapplicable to the services provided under this proposal or any related agreement, except when specifically accepted or confirmed in writing and signed by DWE.
23)No Third Party Beneficiaries. DWE’s responsibilities under this Agreement run only to Client. DWE’s responsibilities do not extend to any third party including, without limitation, the successors and assigns of Client, any Client’s Association or any individual unit owner associated with Client. To the fullest extent permitted by law, no party has any third-party beneficiary or other rights arising from or related to the services provided by DWE.
24)Limitation of Liability. Client agrees that, in recognition of the relative risks and benefits of the project, DWE’s aggregate joint, several and individual liability, whether for breach of contract, breach of warranty, negligence, professional malpractice, strict liability or otherwise will be limited to an amount no greater than $1 million or DWE’s fee, whichever amount is lesser. This provision will survive the termination or expiration of this Agreement.
25)Limitation of Remedy. Client covenants that it will not, under any circumstances, bring a lawsuit, arbitration demand, or claim of any kind against DWE’s individual employees, officers, directors, or agents and that Client’s sole remedy will be against DWE, Inc. 26)Waiver of Consequential Damages. Neither DWE nor any of its officers, directors, employees or agents

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Mechanical I Electrical I Plumbing I Commissioning I Fire Protection I Technology I Energy will be liable for any indirect, punitive, consequential, liquidated, or exemplary damages of any nature, including but not limited to fines, penalties or lost profits, whether said claim is based upon contract, warranty, tort (including negligence and strict liability) indemnity or any other theory of law, and the Client expressly waives all rights and remedies with respect to the same. 27)Entire Agreement. This Agreement contains all terms and conditions agreed on by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist, or bind any of the parties hereto.

If above stated terms are agreeable, please sign and return one copy of this proposal to our office. If this agreement is not signed and returned and we are asked to proceed with the project, all conditions contained herein shall constitute a contract for services. Design West Engineering reserves the right to revise the fee stated herein if not accepted within a period on 60 days from the date of the proposal.

We appreciate the opportunity to work with you on this project. We look forward to your response.

Respectfully,
Joshua Lukacs

DESIGN WEST ENGINEERING
Accepted by (Sign): ______________________________
Accepted by (Print):______________________________
Date: ______________________________
Client Job Number: ______________________________
DWE Proposal Number: P-2517534
Bill To: (If different from client listed on proposal)
Company:_________________________________
Name: _________________________________
Address: _________________________________
Email: _________________________________
Phone: _________________________________

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1809 E. Dyer Rd., Suite 301 981 Corporate Center Drive, Suite 168 1 481 Ford Street, Suite 201 Santa Ana, CA 92705 Pomona, CA 91768 Redlands, CA 92373 (888)714-9642 (888)714-9642 (888)714-9642 13 of 14

APPENDIX “C”

ISE STRUCTURAL ENGINEER

PROPOSAL

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Date: Proposal expires in 30 days on
Re:

Client:

From:

1. Project Description:

1.1 1.2

2.0 - Scope of Services - Building Structure & Foundation Design - Fixed Fee Attend video coordination calls
Construction Administration

2.9 Respond to request for information (RFI's) 24.0 $ 4,248

2.10 Review shop drawings & material submittals 12.0
Proposal for Structural Engineering Services:

2.13 Prepare record drawings 0.0 Excluded
42,480$
11,682$ Sub Totals: 66.0 Totals for Fixed Fee: 240.0
Excluded

6.0 $ 1,062

2.12 Structural construction observations 4 6.0 24.0 $ 4,248 $ 2,124

2.11 Owner-Architect-Contractor (OAC) site meetings 1 6.0 Sub Totals: 152.0

4.0 $ 708
26,904$

2.5 8.0 $ 1,416

2.6 Respond to plan check corrections/comments
[email protected]
27369 Via Industria
Temecula, CA 92590
951.600.0032
Innovative Structural Engineering, Inc. (dba: ISE Structural Engineers) New proposed soccer complex. ISE to be SEOR for project ISE design scope is for (2) restroom buildings (4,300 sf each), trash enclosure, fence fooings, light pole footings & footings for landscape structures
3,894$
Document Preparation

2.4 2.8

2.7 Attend plan check meeting(s) at jurisdiction

0.0 Congress St
City of Colton - Soccer Complex
909.938.1488
Shawn Lothrop, PE, SE, CEO
Prepare construction documents with calculations 140.0 $ 24,780 Description # Events Est. Hours
per Event Total Est. Hours Fee
Preliminary Design

2.1 Prepare schematic design documents 2.0 $ 354

2.2 Respond to bidder request for information (RFI's)
0 0.0 0.0 Excluded
Sub Totals: 22.0
Prepare design development documents
Colton, CA
Matt Evans
June 5, 2025
May 6, 2025
City of Colton - Soccer Complex
PBLA Engineering
1481 Ford St, Ste 201
Redlands, CA, 92373
[email protected]

20.0 Excluded
The structural project scope consists of the following: (Refer to Section 3 for general assumptions/exclusions) Item
$ 3,540

2.3 Perform site visit(s) / owner meeting(s) 0 0.0 0.0
A
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No. S5627
Exp. 6/30/2026
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STRUCT URAL
ISEengineers.com

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Proposal for Structural Engineering Services: City of Colton - Soccer Complex

3. General Assumptions and Exclusions:

3.3 3.4

3.5 3.6

3.7 3.8

3.9 3.10

4. Rates for Additional Billable Items:

4.1 Owner/Principal Engineer per hour

4.2 Project Manager per hour

4.3 Design/Field Engineer per hour

4.4 Drafter per hour

4.5 Add'l Meetings Billed Hourly

4.6 Structural Observations Billed Hourly

4.7 Add'l Site Visits Billed Hourly

4.8 Expenses:

Printing/Airfare/Rental Car/Lodging Cost + hourly rate

3.11 ROM construction cost estimates are excluded but can be provided for an additional fee Architect / Owner revisions are excluded, including excessive revisions during design3.12

3.13 3.14
# Events Est. Hours
per Event Total Est. Hours
Construction documents includes final structural design documents with all relevant structural information shown and ready for jurisdiction review & bid.

Miscellaneous site equipment anchorage and ancillary structures are excluded MEP rooftop equipment anchorage is included
Seismic bracing of MEP distribution system is excluded. ISE will only design for equipment supports and attachments specifically noted in scope Section 1.

Architectural component, façade & signage attachment is excluded Client will provide architectural and mechanical backgrounds drawings for our use Revisions due to code change is excluded
Rate
$315
$215
Construction changes or repairs are excluded
Drawings will be prepared with the latest AutoCad software. Revit is excluded unless noted.

3.16 General project notes & material specifications will be provided as part of the structural drawings. Preparation of project book specifications are excluded unless specifically noted.

3.17 Waterproofing specifications, methods, water collection details, slope, steps, size, locations and materials/treatment specifications are excluded
$160
$140

3.18 Fireproofing specifications, methods, details, locations and materials/treatment specifications are excluded The following are rates for work performed outside the scope of this contract agreement. After client approval, all additional services will be invoiced based on the amount of time and material required. The rates expire at the end of each calendar year.

Rates - Additional Scope Service
Item # Staff

3.15 2.14 Storm drain structure B1 & B2 design (4'-4" x 8'-0" x (3'-6.5" to 8'-1") - Calc & redline 16.0 Item Description
OPTIONAL - Add Alternates
General assumptions and exclusions are noted below for the project.

Schematic design includes estimating preliminary structural system, determining major member locations, estimating sizes & coordinating with team
Design development includes providing most structural member locations, estimating sizes and coordinating with team

2.15 Structural construction observations 1 6.0 6.0
Fee
$ 2,832
$ 1,062
Client
Approved
(Y/N)
ISEengineers.com

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Proposal for Structural Engineering Services: City of Colton - Soccer Complex

6. Construction Documents:

7. Engineer's Standard of Care:

8. Electronic Files:

9. Invoicing & Payment Schedule:

10. Re-Mobilization:

A 20% non-refundable deposit of the total fee is required to start workDeposit:

Billing: ISE will progress bill for all work performed twice a month or at project phase completion.

9.1 9.6
If services under this agreement are commenced and a project delay or hold occurs outside the control of ISE for longer than 3 months, an additional 10% remobilization fee will be required at each occurrence.

Interest on Outstanding Balances: All invoices not paid within 30 days of invoice date are considered past due. All past due amounts over 60 days of invoice date will be subject to monthly finance charges of 1.5% monthly late fee (18% APR).

9.5 8.2 ISE uses architectural electronic drawing files provided to our office by the client. These files are the property of the architect/engineer of record. Approval to use the files in our drawings must be obtained from the architect/engineer, by the client or the subcontractor, prior to our office providing our electronic files.

Our office will create structural plans, details and general notes with supporting calculations that meet the requirements of the adopted building code to the best of our ability. The documents will be provided in electronic file .pdf format. Plan files are also available in .dwg format for the plan view sheets only as requested. The documents must be approved by the governing jurisdiction before start of construction.

9.4 8.1 All electronic files used to create the structural documents are the sole property of ISE. If requested by a subcontractor, the electronic files may be provided for their use. The structural information is not to be revised or modified from the approved design. The results of the subcontractor’s use of our electronic files is not implied or warranted to match or meet the original design performed by our office. ISE reserves the right to refuse to provide the electronic files.

Failure to Pay: If payment is not received in a timely manner, we reserve the right to interrupt services until resolved. Any legal fees that result from client’s failure to pay for services will be charged to the client’s account. If ISE is unable to collect payment for services, ISE reserves the right to send any and all unpaid accounts to a collection service.

9.3 Payment Terms: All Invoices are due within 30 days of receipt. ISE reserves the right to hold and not release structural documents when invoices become 60 days or more past due.

9.2 Disputed Items: Any disputed items on an invoice must be brought to ISE’s attention, in writing, within 30 days of the invoice date. All undisputed items on an invoice are to be paid within 30 days. All items not disputed within 30 days are to be paid in full.

In providing the Work under this Agreement, Engineer shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Upon notice to Engineer and by mutual agreement between the parties, Engineer will, without additional compensation, correct those services not meeting the standard set forth herein. Engineer further agrees that the Work provided shall conform to the requirements of this Agreement.

ISEengineers.com

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11. Termination:

12. Governing Law/Venue/Personal Jurisdiction:

13. Insurance:

14. Attorneys’ Fees and Costs:

15. Miscellaneous:

Severability: This Agreement constitutes the entire agreement between the parties. Should any provision of this Agreement be deemed invalid, unenforceable, or in violation of public policy, the remainder of this Agreement shall be not be affected, and each remaining term and condition shall be valid and enforceable to the extent permitted by law.

ISE carries the following insurance coverage & claim limits each occurrence / aggregate per year.

Insurance Type Claim Limits**
Professional Error & Omission 2 Mil / 4 Mil
Automobile 1 Mil
Workers Comp 1 Mil / 1 Mil

15.4 15.2 Binding Agreement: This Agreement shall be binding upon the parties hereto, their respective heirs, successors, executors, administrators, and assignees.

15.3 Amendment: This Agreement may only be amended in writing and with the express consent of all parties to this Agreement. Any proposed amendments shall be accompanied by a copy of this Agreement for review and consideration by all parties to this Agreement.

This agreement may be terminated by either party at any time with or without reason or cause. Termination shall be provided in a written format and effective immediately as dated in the notice. Client shall compensate ISE for all progress work performed up to date of termination. ISE will provide all documents to said progress within 30 days of termination notice.

15.1 Notices: All notices given pursuant to this Agreement must be made in writing and by certified mail, return receipt requested, at the addresses identified on page one (1) of this Agreement.

This Agreement shall be governed by and construed in accordance with the domestic laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California. The venue of any action brought under the provisions of this Agreement shall be Riverside County, California, unless the parties to that action agree to another venue. Each of the parties to this Agreement submits to the personal jurisdiction in the State of California for the enforcement of this Agreement.

15.5 Entire Agreement: This Agreement contains the entire understanding between the parties and supersedes any prior written or oral agreement between the parties.

If a dispute arises over any aspect of this Agreement and an action is filed for the purpose of enforcing this Agreement or preventing the breach of any provision of this Agreement, for the recovery of damages for an alleged breach, for a declaration of rights or obligations hereunder, or for any other judicial remedy, the prevailing party (whether at trial or on appeal) shall be entitled, in addition to such other relief as may be granted, to be reimbursed by the losing party for all costs and expenses incurred thereby, including, but not limited to, reasonable attorneys’ fees and costs for the services rendered to such prevailing party.

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Proposal for Structural Engineering Services: City of Colton - Soccer Complex

16. Indemnity Agreement:

17. Limited Liability:

18. Force Majeure:

19. Dispute Resolution:

Client shall defend, indemnify and hold ISE harmless, using legal counsel acceptable to ISE, for, from and against all claims, demands, actions, cost, damages, causes of action, liabilities and expenses, including court costs and attorneys’ fees, arising from or connected in any way with ISE’s Scope of Services. Further, ISE and its members, managers, affiliates, agents, employees and contractors shall not be liable to Client for any claims or damages arising at any time and from any cause, except to the extent caused by the sole negligence or willful misconduct of ISE and which shall be limited to no more than the total amount contemplated under this agreement. This indemnity provision and agreement shall survive termination of this proposal and agreement for structural engineering services.

To the fullest extent permitted by law, the total liability in the aggregate of the design professional, the design professional’s officers, directors, partners, employees, agents, and sub-consultants to the client, and anyone claiming by, through, or under the client for any claims, losses, costs, or damages whatsoever arising out of, resulting from, or in any way related to this project or agreement from any cause or causes including but not limited to negligence, professional errors and omissions, strict liability, breach of contract or breach of warranty shall not exceed the total compensation received by the design professional or $50,000 whichever is greater. The client may negotiate a higher limitation of liability for a reasonable additional fee which is necessary to compensate for the greater risk assumed by the design professional.

In the event of any dispute or disagreement between the parties arising out of this agreement, which cannot be resolved by mutual agreement of the parties, and mindful of the high cost of litigation, not only in dollars but time and energy as well, the parties intend to and do hereby establish a quick, final and binding out-of-court dispute resolution procedure to be followed in the unlikely event any controversy should arise out of or concerning the performance of this agreement. Accordingly, the parties do hereby covenant and agree as follows:

19.1 Mediation: Any controversy, dispute or claim of whatever nature arising out of, in connection with, or in relation to the interpretation, performance or breach of this agreement, including any claim based on contract, tort, or statute, which cannot be settled through negotiation, shall be referred to mediation with a neutral mediator of the parties’ choosing. If within thirty (30) days after service of a written demand for mediation, the mediation does not result in settlement of the dispute, then any unresolved controversy or claim arising from or relating to this agreement, or its performance shall be settled using the following arbitration procedure.

15.6 Fax/Mechanical/Stamped Signatures: All fax, mechanical, and/or stamped signatures to this Agreement shall be treated as original signatures.

Counterparts: This Agreement may be executed in several counterparts and all counterparts so executed shall constitute one agreement that shall be binding on all of the parties, notwithstanding that all of the parties are not signatory to the original or the same counterpart.

15.7 In the event either party shall be delayed or hindered in or prevented from the performance of any act required under this agreement by reason of strikes, lockouts, labor troubles, acts of God, inclement weather, including unusual periods of rain, inability to procure materials, failure of power, restrictive governmental law or regulations, riots, insurrections, war, or pandemics declared by the World Health Organization (“Force Majeure”), then performance of such act shall be excused for the number of calendar days of such delay, and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. No delay under this section shall be effective unless either party shall have notified the other in writing of the delay within 20 days after cessation of the event giving rise to such delay setting forth the nature of such Force Majeure and the duration of such delay. The provisions of this Section shall not: (a) operate to excuse prompt payment of monies due; nor (b) be applicable to delays resulting from the inability of a party to obtain financing or to proceed with its obligations under this Agreement because of a lack of funds.

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Proposal for Structural Engineering Services: City of Colton - Soccer Complex (a)
(b)

20. Waiver of Consequential Damages:

21. Job Site Safety:

Mediation: Any controversy, dispute or claim of whatever nature arising out of, in connection with, or in relation to the interpretation, performance or breach of this agreement, including any claim based on contract, tort, or statute, which cannot be settled through negotiation, shall be referred to mediation with a neutral mediator of the parties’ choosing. If within thirty (30) days after service of a written demand for mediation, the mediation does not result in settlement of the dispute, then any unresolved controversy or claim arising from or relating to this agreement, or its performance shall be settled using the following arbitration procedure.

19.2 As soon as practicable after selection of the arbitrator, the arbitrator or such arbitrator’s designated represented shall determine a reasonable estimate of anticipated fees and costs of the arbitrator and render a statement to each party setting forth that party’s pro rata share of such fees and costs. Thereafter each party shall, within ten (10) days of receipt of such statement, deposit such sums with the arbitrator. Failure of any party to make such a deposit shall result in a forfeiture by the non-depositing party of the right to prosecute or defend the claim which is the subject of the arbitration, but shall not otherwise serve to abate, stay or suspend the arbitration proceedings.

The arbitrator shall determine which is the prevailing party and shall include in the award that party’s reasonable attorney fees and costs.

To the fullest extent permitted by law, the owner and engineer waive against each other and the other’s employees, officers, directors, members, agents, insurers, partners, and design professionals, any known claims for, or entitlement to special, incidental, indirect, or inconsequential damages arising out of, or resulting from, or in any way related to the project.

Job site safety and construction means and methods is the responsibility of the contractor and not ISE.

Binding Arbitration: Any controversy, dispute, or claim of whatever nature arising out of, in connection with, or in relation to the interpretation, performance or breach of this agreement, including any claim based on contract, tort, or statute, shall be settled by arbitration. Arbitration shall be administered by JAMS Mediation, Arbitration and ADR Services (JAMS), with an arbitrator of the parties’ choosing. Should the parties reach an impasse on the selection of an arbitrator, each party’s chosen arbitrator should then choose a third arbitrator who will hear and decide the dispute. Regardless of place of residence, the parties agree that the place of arbitration shall be in the County of Riverside, State of California. The arbitrator shall decide the scope of the arbitration. Should any party refuse or neglect to appear or participate in arbitration proceedings, the arbitrator shall award to the prevailing party, as determined by the arbitrator, all the prevailing party’s costs and fees. “Costs and fees” mean all reasonable pre-award expenses of arbitration, including arbitrator’s fees, administrative fees, travel expenses, out-of-pocket expenses such as copying costs, telephone costs, witness fees, and attorney’s fees.

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Proposal for Structural Engineering Services: City of Colton - Soccer Complex

22. Execution:

CEO
Innovative Structural Engineering, Inc. (dba: ISE Structural Engineers) ACCEPTED:

PBLA Engineering
Shawn Lothrop, SE, #S5627 - California Date Signature Print Name /Title Date May 6, 2025
This Proposal is to be signed by the Client and returned as a notice to proceed. Once signed and accepted by the Client, this Proposal shall become the Agreement of the parties. A separate letter may be provided as a notice to proceed, in lieu of signing this Proposal. A copy of this contract and proposal are to be included as an addendum or exhibit in any contract provided to Innovative Structural Engineering, Inc. for signature
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1809 E. Dyer Rd., Suite 301 981 Corporate Center Drive, Suite 168 1 481 Ford Street, Suite 201 Santa Ana, CA 92705 Pomona, CA 91768 Redlands, CA 92373 (888)714-9642 (888)714-9642 (888)714-9642 14 of 14

APPENDIX “D”

PACIFIC FIRE ENGINEERS

PROPOSAL

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415 North Higgins, Suite 118, Missoula, Montana Ph: 714-984-4346

1 May 15, 2025

To: PBLA Engineering Inc.
1809 East Dyer Road, Suite 301
Santa Ana, California 92705

Attention: Mr. Matt Evans

Regarding: City of Colton
Colton, California

Subject: Fire Protection Engineering Services Proposal for:

City of Colton Soccer Field Project

Dear Mr. Evans,

Pacific Fire Engineering (PFE) is pleased to provide PBLA Engineering Inc. our fee proposal to provide Fire Protection Engineering Services for the automatic sprinkler systems and underground fireline design for the proposed City of Colton Socc er Field project.

Based upon the provided RFP and documents provided, we are proposing to provide the following Scope of Services for project compliance:

SCOPE OF SERVICES

1. Provide design and engineering services for th e proposed fire sprinkler systems and fireline underground system . This encompasse s preparing fire protection design documents, hydraulic calculations, project specifications and equipment submittals for submittal to the City of Colton Fire Department.

2. Provide Construction Administration services as needed.

3. Provide one jobsite observation visit and note deficiencies should they be present.

4. Meetings with the City of Colton Fire Department (if required).

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2 EXCLUSIONS:

The below are excluded from PFE’s Scope of Services for this proposal. These items may be provided by PFE for an additional fee per the rate schedule in Attachment A.

1. Project meetings or inspections, except as specifically identified above.

2. Review, inspection or analysis of all other passive or active fire protection systems.

3. The preparation of any documents stating or indicating how deficiencies can be resolved that are unrelated to the scope of work indicated within this proposal.

4. Any alternate means and materials analysis or report.

5. Project fees of any kind (plan check fees, fire flow fees, permit fees, inspection fees, etc.)

6. Obtaining project fire flow information from the water purveyor.

FEE

Pacific Fire Engineering proposes to provide the itemized services as indicated under the Scope of Services for the fee of $5,800.00 in accordance with Attachment A..

DELIVERABLES:

1. Electronic files and fire sprinkler installation drawings . All documents to be wet stamped by a California registered Fire Protection Engineer.

GENERAL TERMS AND CONDITIONS
The General Terms and Conditions provided in Attachment B are made a part of this proposal and agreement.

ACCEPTANCE
To indicate acceptance and authorize initiation of services, please return one countersigne d original of this agreement to:

Pacific Fire Engineering
415 North Higgins, Suite 118
Missoula, Montana 59802

This document was prepared by:

Steven P. Biship, FPE, CFPS
President - Pacific Fire Engineering
Email: [email protected]

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3 Accepted by: PBLA Engineering Inc.

Signature: ___________________________________
Name: ___________________________________
Title: ___________________________________
Date: ___________________________________

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4 ATTACHMENT A

2025 HOURLY RATE SCHEDULE

Senior Engineer / Expert $150

Senior Consultant / Engineer $120

Staff Consultant / Engineer $100

CAD Technician $75

Administrative Assistant $50

Cost per mile $0.55

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5 ATTACHMENT B

GENERAL TERMS AND CONDITIONS

CLIENT: PBLA Engineering Inc.

PROJECT: City of Colton Soccer Field Project

Reference Conditions: Pacific Fire Engineering, Inc. will hereinafter be referenced as PFE and the above referenced CLIENT will be referred to as CLIENT. The Project may be hereinafter referenced either as the "Project" or by abbreviation as above set forth.

Entire Agreement: These General Terms and Conditions, along with the Agreement for Services to which these General Terms and Conditions are attached (the “Agreement for Services”) and the Proposal attached to the Agreement for Services (the “Proposal”) (collectively with the Agreement for Services and the Proposal, this "Agreement"), constitutes the entire agreement between CLIENT and PFE, regarding the Project. If PFE has commenced work in connection with the Project, all provisions in this Agreement for the benefit or protection of either party shall apply to such activities. There are no prior or contemporaneous, oral or written, representations, understandings or agreements which are not fully expressed in this Agreement. No amendment or change order shall be valid unless it is in writing and signed by an authorized representative of the party against whom such amendment or change order is sought to be enforced.

Relationship of Parties. PFE, in furnishing services to CLIENT, is an independent contractor.

PFE does not undertake to perform any regulatory or contractual obligation of CLIENT or to assume any responsibility for the CLIENT’s business or operations.

Subcontracting: PFE shall supervise, perform or cause to be performed all work to be accomplished by PFE and may call upon the expertise of subcontractors in the performance of the services hereunder.

Severability: The provision of this Agreement shall be severable, and if any clause, sentence, paragraph, provision, or other part hereof shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the re mainder hereof, which remainder shall continue in full force and effect.

Billings/Payments: Invoices for services shall be submitted monthly. Payment is due within 30 days of receipt. If payment is not received 30 days of receipt, such fees shall be subject to a service fee of 1.5% per month, and PFE reserves the right to pursue all appropriate remedies, including, without limitation, suspending all performance under this Agreement. In the event that services are suspended for nonpayment, PFE shall have no liability for any delay or other damage, contractual or otherwise, caus ed by or arising out of the suspension of services of nonpayment.

Acceptance by PFE of any payment more than 30 days overdue shall not serve as a waiver of PFE’s contractual right to suspend service for nonpayment. In the event of nonpayment of fees,

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6 CLIENT will be responsible for all costs, including, without limitation, court costs, collection costs, reasonable attorneys' fees, expert fees, and all other costs allowed by law, which may be incurred by PFE in pursuit of payment.

Taxes. There shall be added to the charges under this Agreement, and CLIENT shall pay to PFE, an amount equal to any taxes, levies and duties, however designated or levied, based upon such charges, this Agreement, the services or materials provided, or their use, including, without limitation, state and local sales and use taxes, which are paid by or are payable by PFE, plus interest and penalties, if any, exclusive, however, of United States federal, state or local taxes based on the net income of PFE. Not withstanding the preceding sentences, PFE accepts full and exclusive liability for the payment of all employer contributions and taxes measured by the remuneration paid to PFE employees as required by all applicable United States federal, state and local laws, rules and regulations.

Waiver: No waiver by either party of any breach, default, or violation of any term, warranty, representation, agreement, covenant, condition, or provision hereof shall constitute a waiver of any subsequent breach, default, or violation of the same or any other ter m, warranty, representation, agreement, covenant, condition, or provision hereof. All waivers must be in writing and signed by the party against whom enforcement of the waiver is sought. All remedies are cumulative, and the election to pursue less than all remedies shall not be a waiver of the right to pursue any other remedy.

Force Majeure: Obligations of either party under this Agreement shall be suspended, and such party shall not be liable for damages or other remedies while such party is prevented from complying herewith, in whole or in part, due to contingencies beyond its reasonable con trol, including, but not limited to, strikes, riots, war, fire, acts of God, injunction, compliance with any law, regulation, or order, whether valid or invalid, of the United States of America or any other governmental body or any instrumen tality thereof, whether now existing or hereafter created, inability to secure materials or obtain necessary permits, provided, however, the party so prevented from complying with its obligations hereunder shall promptly notify the other party thereof.

Compliance with Law: In the performance of all services to be provided hereunder, PFE agrees to comply with all applicable federal, state, and local laws and ordinances and all lawful order, rules, and regulations of any constituted authority.

Applicable Law; Jurisdiction; Venue: The validity, performance, and construction of this Agreement shall be governed by and construed according to the laws of the State of California exclusive of its conflicts of law provisions. All claims hereunder shall be tried solely and exclusively in the Courts of the State of California or the United States District Court. Each party consents to the jurisdiction and venue of such court. Each of the parties hereby knowingly and voluntarily waives any and all rights to a jury trial in any proceeding involving any dispute or matter arising under this Agreement.

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7 Standard of Care/Warranties: Services performed by PFE under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. NOTWITHSTANDING

ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, PFE MAKES NO

OTHER WARRANTIES, EXPRESS OR IMPLIED, WHETHER ARISING BY OPERATION OF

LAW, COURSE OF PERFORMANCE OR DEALING, CUSTOM, USAGE IN THE TRADE OR

PROFESSION, OR OTHERWISE, INCL UDING WI THOUT LIMITATION IMPLIED

WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING UNDER ANY STATUTE. Except for the warranty expressly set forth in this paragraph, CLIENT acknowledges and agrees that it has relied on no other representations or warranties and that no other representations or warranties have formed the basis of its bargain hereunder.

Confidentiality: Each party shall retain as confidential all information and data furnished to it by the other party which are designated in writing by such other party as confidential at the time of transmission and are obtained or acquired by the receiving party in conne ction with this Agreement, and said party shall not reveal such information to any third party, except as required by law (in which case, the party from whom disclosure is required shall give the other party prompt notice of the demand and cooperate in efforts to limit disclosure).

Indemnification: PFE and CLIENT each agree to indemnify, defend and hold harmless the other from and against any and all amounts payable under any judgment, verdict, court order or settlement for death or bodily injury or the damage to or loss or destruction of any real or tangible personal property to the extent arising out of the indemnifying party’s negligence in the performance of this Agreement or willful misconduct. The foregoing indemnities are contingent upon: (1) the indemnified party promptly notifying the indemnifying party in writing of any claim which may give rise to a claim for indemnification hereunder; (2) the indemnifying party being allowed to control the defense and settlement of such claim; and (3) the indemnified party cooperating with all reasonable requests of the indemnifying party (at the indemnifying party's expense) in defending or settling such claim. The indemnified party shall have the right, at its option and expense, to participate in the defense of any action, suit or proceeding relating to such a claim through a counsel of its own choosing. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of PFE and CLIENT, they shall be borne by each party in proportion to its negligence.

Term: Unless sooner terminated or extended as provided herein, this Agreement shall remain in full force and effect. Either party may terminate this Agreement at any time by giving seven (7) days written notice of such termination to the other party. Upon such termination of this Agreement, CLIENT shall pay and reimburse PFE for services rendered and costs incurred by PFE prior to the effective date of termination. The rights and obligations of the parties under this Agreement shall survive termination of this Agreement for any reason.

Precedence: These General Terms and Conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice to

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8 proceed, or like document regarding PFE services, including, without limitation the Agreement for Services and the Proposal. The Agreement of Services shall take precedence over the Proposal.

Fee Schedule: Where lump sum fees have been agreed to between the parties, they shall be so designated in the Agreement attached hereto and by reference made a part hereof. Where fees are based upon hourly charges for services and costs incurred by PFE they shall be based upon the hourly fee schedule annually adopted by PFE.

Limitation of Remedies, Liability and Damages: CLIENT’s sole and exclusive remedy in the event of a claim arising out of, resulting from or in connection with this Agreement shall be for PFE to repair, replace or otherwise correct the breach. Other than CLIENT's obligations to make payments that are due and owing under this Agreement, a party's and its affiliates' entire and collective liability arising out of or relating to this Agreement, including without limitation on account of performance or nonperformance of obligations hereunder, regardless of the form of the cause of action, whether in contract, tort (including, without limitation, negligence), statute or otherwise, shall in no event exceed the amounts paid or payable to PFE under this Agreement.

NEITHER PARTY NOR ITS AFFILIATES SHALL, UNDER ANY CIRCUMSTANCES, BE

LIABLE TO THE OTHER PARTY OR ITS AFFILIATES FOR ANY CLAIM BASED UPON

ANY THIRD PARTY CLAIM (EXCEPT AS PROVIDED FOR IN THE INDEMNIFICATION

PARAGRAPH) OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE,

EXEMPLARY OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER, OR FOR ANY

DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY DELAYS, LOSS OF

PROFIT, INTERRUPTION OF SERVICE OR LOSS OF BUSINESS OR ANTICIPATORY

PROFITS, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

Insurance: Upon written request, PFE will provide certificates of insurance to the client evidencing coverage for Worker’s Compensation, General Liability, Auto Liability and Professional Liability prior to the commencement of servic es to be provided herein when requested.

Binding Nature and Assignment. This Agreement shall be binding upon and inure solely to the benefit of the parties hereto and their successors and permitted assigns, and nothing in this Agreement shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. Neither party may, nor shall have the power to, assign or transfer this Agreement without the prior written consent of the other party, except that PFE may without consent assign or transfer this Agreement to a successor to the business of PFE to which this Agreement relates. Any claim relating to the provision of services by PFE, its affiliates or their respective staff will be made against PFE alone.

Approvals and Similar Actions. Where agreement, approval, acceptance, consent or similar action by CLIENT or PFE is required under this Agreement, such action shall not be unreasonably delayed or withheld.

Time is of the Essence. Time is of the essence of this Agreement.

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Item: 7.

Staff Report

Meeting Date: September 16, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Contract Award - Onyx Paving Company - Approve Contract Award to Onyx Paving Company for the City Facilities Parking Lot Improvement Project.

Recommended Action:

Staff recommends the City Council award a contract for the City Facilities Parking Lot Improvement Project to Onyx Paving Company, as the lowest responsive and responsible bidder for $404,000.00.

Background:

The City Facilities Parking Lot Improvement Project includes the repair of the parking lots at Hutton Center, Gonzales Center, Main Library, and Teen Center, which have shown pavement failures and deterioration due to their approximate 30-year age. Generally, asphalt pavements are designed to last approximately 15 to 20 years. The grind and overlay pavement maintenance method can prolong the life of the pavement in a very cost-effective way. The scope of work for this Project includes reconstruction of the driveway and sidewalk; grinding and overlay of the existing pavement with 2” thick asphalt and restriping.

Issues/Analysis:

In accordance with Colton Municipal Code (CMC) Section 3.08.090, a request for Notice Inviting Formal Bids was published in The Press Enterprise on June 3, 2025, and June 10, 2025.

In addition, the RFP was published on Bidnet, the City's online bid portal. A Pre-Bid Meeting and Job Walk was held on June 11, 2025. Six (6) bids were received from known paving contractors in Southern California. On June 19, 2025, the bids received were as follows:

BIDDER TOTAL BID AMOUNT
Onyx Paving, Inc. $404,000.00
Van Engineering $447,495.00
Asphalt fabric $562,139.50

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Spec Construction $586,542.00
LCR Earthwork $650,879.00
Pave West LLC $814,080.50

Staff reviewed and evaluated all bids. The low bidder, Onyx Paving Company, met all the bid requirements. Staff recommends awarding the contract to the lowest responsive and responsible bidder, Onyx Paving Company, for $404,000.00 for the City Facilities Parking Lot Improvement Project.

Fiscal Impacts:

The total amount for construction including the 5% contingency is $424,200.00. Sufficient appropriations for this project are available for carryover and in the adopted FY2025-26 budget in General Fund Community Services Community Centers Capital Improvement Account # 100- 6200-6202-3890-2435-000.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. Contract - City Facilities Improvement

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23152.04000\42402756.1

CITY OF COLTON

SHORT FORM CONSTRUCTION CONTRACT
ONYX PAVING COMPANY, INC.

1. PARTIES AND DATE.

This Contract is made and entered into this 5th day of August, 2025 by and between the City of Colton, a municipal corporation organized under the laws of the State of California with its principal place of business at 650 North La Cadena Drive, Colton, California 92324 , County of San Bernardino, State of California (“City”) and Onyx Paving Company, Inc., a Corporation with its principal place of business at 22707 La Palma Ave, Yorba Linda, California 92887 (“Contractor”).

City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

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

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing paving se rvices 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 City Facilities Parking Lot Improvement Project (“Project”) as set forth in this Contract.

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

3. TERMS

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

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2 • Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid

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

3.2 Contractor’s Basic Obligation; Scope of Work . Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject t o, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work . Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion 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 ac tually 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 id le 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.

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

3.2.2 Substitutions/”Or Equal ”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprieta ry name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Con tract. 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 30 working days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with

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4 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 milest ones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Five-Hundred Dollars ($500) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

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

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

3.6 City’s Basic Obligation . City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the 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 Four-Hundred Four Thousand Dollars ($404,000.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

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5 3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

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

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

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

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

3.7.6 Substitutions for Contract Retentions . In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter 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

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6 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 sincethe total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Work available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contrac tor 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

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7 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 Contracto r 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 co ntracts 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 for mat prescribed by the DIR, which may include electronic submission. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

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

3.8.6 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s

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8 performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be comp ensable by the City.

Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.9 Performance of Work; Jobsite Obligations.

3.9.1 Water Quality Management and Compliance.

3.9.1.1 Water Quality Management and Compliance . Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, withou t limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000 -14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State.

3.9.1.2 Compliance with the Statewide Construction General Permit .

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

Without in any way diminishing Contractor's sole responsibility for obtaining coverage under, and complying with, the Permit, the City will use rea sonable 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.

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9 3.9.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations of this Section

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

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

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

3.9.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform t he 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 life saving 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 wearin g 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,

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10 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 publ ic contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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

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

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11 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 consid ered by SCAQMD and CARB to include any item of equipment with a fuel -powered engine. Contractor shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Contract.

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

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

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

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

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

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

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

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

3.11 Claims; Government Code Claim Compliance.

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12 3.11.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.

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

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

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

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

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

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13 (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 failure 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.

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14 3.11.2.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement.

Any disputed portion of the claim, as identified by the co ntractor 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, inc luding 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

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15 or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
(2) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Di scovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(A) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

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

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16 of the Public Contract Code, the City may terminate this C ontract 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 Cod e section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of t he City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

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

3.14 Insurance.

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

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

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17 duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.14.2.1 Minimum Scope of Insurance . Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance; and (4) Builders’/All Risk: Builders’/All Risk insurance covering for all risks of loss, including explosion, collapse, underground excavation and removal of lateral support (and including earthquakes and floods if requested by the City). Policies shall not contain exclusions contrary to this Contract, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another.

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

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

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18 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 coverag e shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self -insurance shall be called upon to protect it as a named insured. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits se t forth in Section 3.14.2.2, any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section

3.14.3.1. 3.14.3.2 Automobile Liability. (1) The City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of Contractor’s insurance and shall n ot 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 n amed as additional insureds pursuant to this Section 3.14.3.2.

3.14.3.3 Workers’ Compensation and Employer ’s Liability Coverage .

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

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

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

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

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

All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. All policies

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19 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 reser ves 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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20 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 C ontract for cause.

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

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

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and

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

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

3.17 Employee/Labor Certifications.

3.17.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contrac t 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 Ac t of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.17 or any of its sub-sections.

3.18 General Provisions.

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

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

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22 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 th is Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offse t City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, ma terials 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:

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23 CONTRACTOR:

ONYX PAVING COMPANY, INC.
22707 LA PALMA AVE.

YORBA LINDA, CA 92887
ATTN: ANTHONY STEEN, PRESIDENT
CITY:

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

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

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

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

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

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

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

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

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

3.18.15 Certification of License.

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

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

Box 26000, Sacramento, California 95826.

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

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

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

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

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

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23152.04000\42402756.1

25 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

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

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

CITY OF COLTON ONYX PAVING COMPANY, INC.

CORPORATION

By: ____________________________ By: _________________________ William R. Smith Anthony Steen
City Manager President

Attest:

____
Isaac T. Suchil
City Clerk

_______________________________
Contractor’s License Number/Classification

_______________________________
DIR Registration Number

Approved as to Form:

______________________________
Best Best & Krieger LLP
City Attorney

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23152.04000\42402756.1

Exhibit A-1

EXHIBIT “A”

SERVICES

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23152.04000\42402756.1

Exhibit B-1

EXHIBIT “B”

PLANS AND SPECIFICATIONS

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23152.04000\42402756.1

Exhibit C-1

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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23152.04000\42402756.1

Exhibit D-1

EXHIBIT “D”

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

ONYX PAVING COMPANY, INC.

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

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23152.04000\42402756.1

Exhibit E-1

EXHIBIT “E”

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

No bid will be accepted nor any contract entered into without proof of the contractor ’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

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

DIR Registration Number:

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

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

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

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

Name of Contractor:____________________
Signature:

Name and Title:

Dated:

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

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23152.04000\42402756.1

Exhibit F-1

EXHIBIT “F”

PAYMENT AND PERFORMANCE BONDS

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23152.04000\42402756.1

Exhibit F-2

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 ______________________________ (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 bound 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 faithfull y 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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23152.04000\42402756.1

Exhibit F-3

(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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23152.04000\42402756.1

Exhibit F-4

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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23152.04000\42402756.1

Exhibit F-5

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

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23152.04000\42402756.1

Exhibit F-6

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:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

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

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

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23152.04000\42402756.1

Exhibit F-7

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 payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted 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 cha nge, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

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23152.04000\42402756.1

Exhibit F-8

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

(Corporate Seal) Surety
By

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

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

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

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23152.04000\42402756.1

Exhibit F-9

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

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23152.04000\42402756.1

Exhibit G-1

EXHIBIT “G”

FEDERAL REQUIREMENTS

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Item: 8.

Staff Report

Meeting Date: September 16, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Fleet Maintenance Agreement - Enterprise Fleet Management, Inc. - Approve the First Amendment to the Enterprise Fleet Management program for Public Works and Utility Services Vehicles.

Recommended Action:

1. Approve the Amendment to the Enterprise Fleet Management program for the Public Works and Utility Services Department for light/medium duty vehicle lease and maintenance program.

2. Approve the purchase of seven (7) vehicles for the use of the Public Works divisions of the Public Works and Utility Services Department for an amount not-to-exceed $562,412.89 in accordance with Colton Municipal Code 3.08.140(C)

3. Approve the purchase of seven (7) vehicles for the use of the Water Utilities Department of the Public Works and Utility Services Department for an amount not-to-exceed $429,509.58 in accordance with Colton Municipal Code 3.08.140(C)

4. Approve a reoccurring Administrative Fee of $48.94 per month/per vehicle for a total not-to-exceed $41,109.06 for a period of five years

5. Exempt City Staff from Colton Municipal Code 3.08.150 (A) in accordance with the terms of the Enterprise Master Lease Agreement for fully depreciated vehicles.

Background:

The City operates a fleet of vehicles that are critical for daily operations across multiple departments. Many units have exceeded their useful life, leading to higher maintenance costs, frequent breakdowns, and reduced operational efficiency.

To address these challenges, the City entered into an agreement with Enterprise Fleet Management in FY 2024. The program provides a structured approach to replacing vehicles at

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optimal intervals and managing the fleet over its life cycle. Enterprise’s services include vehicle acquisition, maintenance coordination, and resale, allowing the City to modernize its fleet in a cost-effective and sustainable manner.

Issues/Analysis:

In 2024, the City of Colton partnered with Enterprise Fleet Management, Inc. (Enterprise) to modernize and replace its aging Public Works fleet. The program has already shown positive results, with eight new vehicles acquired last year to support growing staffing levels and enhance operational efficiency. As the City enters Year Two of the program, staff recommend the addition or replacement of 14 vehicles to continue progress toward the full renewal of approximately 60 light- and medium-duty vehicles by 2030.

Before implementation, staff confirmed that Enterprise had successfully managed similar programs in other municipalities, including the Cities of Corona, Westminster, Redlands, and San Marcos.

The Enterprise program was designed with the following core objectives:

1. Continue City ownership and maintenance of all heavy-duty vehicles and equipment.

2. Adopt a five-year replacement cycle to improve safety, reduce long-term costs, and enhance reliability.

3. Empower Public Works staff to define vehicle specifications and determine annual replacement needs.

4. Reduce the average fleet age and improve safety, as data showed:
• 36% of vehicles were over 10 years old;
• 5 vehicles predated airbag standards (1998);
• 9 vehicles predated anti-lock brake standards (2007); • 13 vehicles predated electronic stability control standards (2012).

In Year Two, the City proposes lease 14 vehicles—seven for Public Works and seven for the Water Utilities Division. These new vehicles will replace units that have exceeded their useful life or are no longer cost-effective to maintain.

For the Public Works Divisions, the following seven vehicles will be leased and paid upfront rather than over the five-year program to avoid financing charges:

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QTY Vehicle
Description
Cost Sales Tax Tire
Fee
Total Cost Reoccurring
Monthly Charge
(Administrative)
1 Ford F-250 XL
4x4 Regular
Cab 8ft Utility
bed
(Electrician)
w/ladder rack
$73,905.00 $6,755.47 $8.75 $80,669.22 $ 48.94
1 Chevrolet
Silverado EV
Extended
Range Battery
$58,735.00 $5,970.58 $8.75 $64,714.33 $ 48.94
2 Ford Transit
350 12 -
Passenger Van
XL 4x2 high
roof
$60,278.04 $5,405.06 $8.75 $131,383.70 $ 48.94 (x2)
1 Ford F-250 Xl
Regular Cab 8ft
Utility bed
w/ladder rack
$55,783.00 $5,169.77 $8.75 $60,961.52 $ 48.94
1 Ford F-250 Xl
Regular Cab 8ft
Utility bed
$54,323.00 $5,042.02 $8.75 $59,373.77 $ 48.94
1 Ford F-450
Chassis XL 4x2
Regular Cab
DRW – Stencil
Truck
$152,001.47 $13,300.13 $8.75 $165,310.35 $ 48.94
Total Purchase Price $562,412.89
Total Reoccurring Program and Maintenance Monthly Charges $342.58

For the Water Utilities Department, the following seven vehicles will be leased and paid upfront rather than over the five-year program:

QTY Vehicle
Description
Cost Sales
Tax
Tire
Fee
Total Cost Reoccurring
Monthly Charge
(Administrative)
2 Ford F-350 $ $ $ 8.75 $ 132,761.52 $ 48.94 (x2)

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Regular Cab 4x4
Utility Bed
60,886.91 5,485.10
1 Ford F-350
Regular Cab 4x4
Utility Bed
w/ladder rack
$
62,523.00
$
5,733.27
$ 8.75 $ 68,265.02 $ 48.94
4 Ford F-150
Lightning
Extended Range
Battery
$
52,388.06
$
4,723.95
$ 8.75 $228,483.04 $ 48.94 (x4)

Total Purchase Price

$ 429,509.58
Total Reoccurring Program and Maintenance Monthly Charges $ 342.58

Staff evaluated purchasing options versus leasing and determined that an upfront purchase of these vehicles through the Enterprise program is the most cost-effective approach while still retaining many of the program’s benefits. Additionally, staff compared direct purchases of these vehicles through other Sourcewell contracts and found Enterprise pricing to be, on average, five to seven percent lower—even after factoring in the recurring administrative fee.

This purchase also aligns with the California Air Resources Board’s (CARB) Advanced Clean Fleets (ACF) requirements, which mandate a phased transition to zero-emission or near-zero- emission vehicles for public fleets. By moving forward with these purchases, the City is not only ensuring compliance with State regulations but also proactively modernizing its fleet in a manner consistent with long-term sustainability goals and emission-reduction targets.

While there is an upfront cost, the program is designed to reduce long-term expenses through improved maintenance management, higher resale values, and decreased emergency repairs. This approach provides greater fiscal predictability for future years.

The City’s Auto Shop will continue maintaining all vehicles, whether included in or outside of the Enterprise program, as well as all heavy-duty vehicles and equipment.

Vehicles removed from service will be declared surplus and sold through Enterprise if possible.

Proceeds will be reinvested in the fleet program to help offset future leasing and maintenance costs. Because Enterprise can often resell these vehicles at values exceeding $10,000, staff is requesting a waiver from Colton Municipal Code Section 3.08.150, which requires Council approval for sales of surplus items over $10,000.

This waiver would allow Enterprise to manage the resale process in accordance with the lease

Page 538 of 688 ends

terms. Below is the relevant portion of the municipal code:
“The Purchasing Officer shall have authority to sell as surplus all supplies, materials, and equipment... after authorization from the City Council as to any items of an estimated value of ten thousand dollars or more.” Pursuant to Section 3.08.140 (c) of the City’s Purchasing Ordinance, competitive bidding is not required when a public agency has already conducted a formal bid process and the offered pricing is equal to or better than the price extended to that agency.

The City of Colton is an active participant in the Sourcewell Cooperative Purchasing Program (Account #71800). Enterprise Fleet Management, Inc. is a pre-approved Sourcewell vendor under Contract #030122-EFM, which allows the City to benefit from competitively bid pricing and streamlined procurement in full compliance with state and municipal purchasing requirements.

Fiscal Impacts:

There are sufficient appropriations available in the FY2025-26 adopted budget in the following accounts:

Water Utility 521-8100-8101-4910-0000-000 $ 258,748.64
Wastewater Utility 522-8200-8200-4910-0000-000 $ 191,315.74 Automotive Shop 608-6150-8700-4910-0000-000 $ 582,967.69

The total cost obligation to the City for these fourteen vehicles over the term of this agreement will total a not-to-exceed amount of $1,033,032.07.

It should be noted this lease agreement is subject to GASB 87 financial reporting, which the Finance Department will include in the Annual Comprehensive Financial Statements.

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. 2025 Transit 350 - 12 passenger van medium roof

2. 2026 F-250 XL 4x2 Regular Cab 8ft - General Service Body - SRW - WITH Ladder Rack

3. 2026 F-250 XL 4x2 Regular Cab 8ft - General Service Body - SRW - NO Ladder Rack

4. 2026 F-350 XL 4x4 Regular cab 8ft service body WITH ladder rack

5. 2026 Chevy Silverado EV Work Truck All wheel drive crew cab 5.75ft

6. Est. 2026 F-450 Chassis XL 4x2 Regular Cab 169in WB - DRW - Stencil Truck

7. 2025 F-150 Lightning Pro All whee drive crew cab 5.5ft bed

8. Est. 2026 F-250 XL 4x4 Regular Cab 8ft Electrcian Body revised

9. 2026 F-350 XL 4x4 Regular Cab 8ft Service bdy NO ladder rack revised

Page 539 of 688 ends

Prepared For: City of Colton Date 08/13/2025
Alzammar, Bassam AE/AM ZRJ/KA0
Unit #
Year 2025 Make Ford Model Transit-350 Passenger
Series XL Rear-Wheel Drive Medium Roof Van 148 in. WB
Vehicle Order Type In-Stock Term 60 State CA Customer# 481152 $ 60,219.04 Capitalized Price of Vehicle 1
$0.00 * Sales Tax 0.0000% State CA
$ 844.78 * Initial License Fee
$ 0.00 Registration Fee
$ 60.00 Other: (See Page 2)
$ 60,278.04 * Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 * Security Deposit
$5,405.58 * Taxes
All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote.

Order Information
Driver Name
Exterior Color (0 P) Oxford White
Interior Color (0 I) Dark Palazzo Gray w/Vinyl Front Bucket Lic. Plate Type Exempt
GVWR 0
$ 1.00 Total Capitalized Amount (Delivered Price)
$ 0.01 Depreciation Reserve @ 1.3500%
$ 44.99 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor) 2 $ 45.00 Total Monthly Rental Excluding Additional Services Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$ 0.00 Physical Damage Management Comp/Coll Deductible 0 / 0 $ 0.00 Full Maintenance Program 3 Contract Miles 0 OverMileage Charge $ 0.0650 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included $ 0.00 Additional Services SubTotal
$ 3.94 Tax 8.7500% State CA
$ 48.94 Total Monthly Rental Including Additional Services $ 0.40 Reduced Book Value at 60 Months
$ 400.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 10,000
(Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval)
Notes
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.

Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold.

ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.

Lessee hereby authorizes this vehicle order, and agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement. In the event Lessee fails or refuses to accept delivery of the ordered vehicle, Lessee agrees that Lessor shall have the right to collect damages, including, but not limited to, a $500 disposal fee, interest incurred, and loss of value.

LESSEE City of Colton

BY TITLE DATE
* INDICATES ITEMS TO BE BILLED ON DELIVERY.
1 Capitalized price of vehicle may be adjusted to reflect final manufacturer's invoice, plus a pre delivery interest charge. Lessee hereby assigns to Lessor any manufacturer rebates and/or manufacturer incentives intended for the Lessee, which rebates and/or incentives have been used by Lessor to reduce the capitalized price of the vehicle. 2 Monthly lease charge will be adjusted to reflect the interest rate on the delivery date (subject to a floor). 3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc.

Open-End (Equity) Lease Rate Quote Quote No: 8873605
Printed On 08/13/2025 03:10:14 PM Page 1 of 6

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Other Totals
Description (B)illed or (C)apped Price
Initial Administration Fee C $ 60.00
Courtesy Delivery Fee C $ 0.00
Total Other Charges Billed $ 0.00
Total Other Charges Capitalized $ 60.00
Other Charges Total $ 60.00
Open-End (Equity) Lease Rate Quote Quote No: 8873605
Printed On 08/13/2025 03:10:14 PM Page 2 of 6

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VEHICLE INFORMATION:
2025 Ford Transit-350 Passenger XL Rear-Wheel Drive Medium Roof Van 148 in. WB - US Series ID: X2C
Pricing Summary:

INVOICE MSRP
Base Vehicle $54,815 $57,700.00
Total Options $3,611.90 $3,865.00
Destination Charge $2,095.00 $2,095.00
Total Price
SELECTED COLOR:

Exterior: YZ-(0 P) Oxford White
Interior: VK-(0 I) Dark Palazzo Gray w/Vinyl Front Bucket Seats SELECTED OPTIONS:

CODE DESCRIPTION INVOICE MSRP
148WB 148" Wheelbase STD STD
153 Front License Plate Bracket NC NC
21G Dark Palazzo Gray Vinyl Bucket Seats NC NC
301A Order Code 301A NC NC
425 50-State Emissions System STD STD
43B Back Up Alarm $169.00 $185.00
43R Reverse Sensing System $269.00 $295.00
44U Transmission: 10-Spd Automatic w/OD & SelectShift Included Included 57N Rear-Window Defroster Included Included
58B Radio: AM/FM Stereo w/SYNC 4 & Nav $847.00 $930.00
61E High Resolution Digital Camera NC NC
66D Front Overhead Shelf $69.00 $75.00
68H Passenger Running Board $282.00 $310.00
86F 2 Additional Keys (4 Total) $69.00 $75.00
92E Privacy Glass $455.00 $500.00
96P 15-Passenger Seats $1,361.00 $1,495.00
998 Engine: 3.5L PFDi V6 Flex-Fuel Included Included
DLR Dealer Adjustment $90.90 $0.00
PAINT Monotone Paint Application STD STD
STDGV GVWR: 9,500 lb Included Included
STDTR Tires: 235/65R16C 121/119 R AS BSW Included Included STDWL Wheels: 16" Silver Steel w/Black Hubcap Included Included TEMP Electronic Air Temperature Control Included Included V Vinyl Front Bucket Seats NC NC
VK_03 (0 I) Dark Palazzo Gray w/Vinyl Front Bucket Seats NC NC WARANT Fleet Customer Powertrain Limited Warranty NC NC X73 3.73 Axle Ratio Included Included
YZ_01 (0 P) Oxford White NC NC
$60,521.90 $63,660.00
Open-End (Equity) Lease Rate Quote Quote No: 8873605
Printed On 08/13/2025 03:10:14 PM Page 3 of 6

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CONFIGURED FEATURES:

Body Exterior Features:

Number Of Doors  3
Rear Cargo Door Type:  split swing-out
Driver And Passenger Mirror:  power remote manual folding side-view door mirrors Convex Driver Mirror:  convex driver and passenger mirror Running Boards:  running boards
Door Handles:  black
Front And Rear Bumpers:  black front and rear bumpers
Front License Plate Bracket:  front license plate bracket Body Material:  fully galvanized steel body material
Body Side Cladding:  black bodyside cladding
Grille:  black grille
Convenience Features:

Air Conditioning  automatic air conditioning
Rear Air Conditioning:  rear air conditioning
Cruise Control:  cruise control with steering wheel controls Power Windows:  power windows with driver 1-touch down
1/4 Vent Rear Windows:  fixed rearmost windows
Remote Keyless Entry:  yes remote keyless entry
Illuminated Entry:  illuminated entry
Integrated Key Remote:  integrated key/remote
Auto Locking:  auto-locking doors
Steering Wheel:  steering wheel with manual tilting, manual telescoping Day-Night Rearview Mirror:  day-night rearview mirror
Driver and Passenger Vanity Mirror:  illuminated driver and passenger-side visor mirrors Emergency SOS:  911 Assist emergency communication system Navigation System:  Connected Navigation navigation system with voice activation Front Cupholder:  front and rear cupholders
Floor Console:  partial floor console with box
Overhead Console:  full overhead console with storage
Glove Box:  locking glove box
Driver Door Bin:  driver and passenger door bins
Rear Door Bins:  rear door bins
IP Storage:  bin instrument-panel storage
Driver Footrest:  driver's footrest
Power Accessory Outlet:  2 12V DC power outlets
Entertainment Features:
radio  AM/FM stereo with seek-scan
Voice Activated Radio:  voice activated radio
Steering Wheel Radio Controls:  steering-wheel mounted audio controls Speakers:  8 speakers
Internet Access:  FordPass Connect 4G internet access
1st Row LCD:  1 1st row LCD monitor
Wireless Connectivity:  wireless phone connectivity
Antenna:  fixed antenna
Lighting, Visibility and Instrumentation Features:

Headlamp Type  delay-off reflector halogen headlamps
Auto-Dimming Headlights:  Auto High Beam auto high-beam headlights Front Wipers:  variable intermittent rain detecting wipers wipers Rear Window Defroster:  rear window defroster
Tinted Windows:  deep-tinted windows
Dome Light:  dome light with fade
Front Reading Lights:  front reading lights
Variable IP Lighting:  variable instrument panel lighting Display Type:  analog appearance
Tachometer:  tachometer
Printed On 08/13/2025 03:10:14 PM Page 4 of 6

Page 543 of 688 ends

Low Tire Pressure Warning:  low-tire-pressure warning
Park Distance Control:  Reverse Sensing System rear parking sensors Trip Odometer:  trip odometer
Lane Departure Warning:  lane departure
Forward Collision Alert:  forward collision
Water Temp Gauge:  water temp. gauge
Clock:  digital clock
Systems Monitor:  driver information centre
Rear Vision Camera:  rear vision camera
Oil Pressure Warning:  oil-pressure warning
Water Temp Warning:  water-temp. warning
Battery Warning:  battery warning
Lights On Warning:  lights-on warning
Key in Ignition Warning:  key-in-ignition warning
Low Fuel Warning:  low-fuel warning
Low Washer Fluid Warning:  low-washer-fluid warning
Door Ajar Warning:  door-ajar warning
Trunk Ajar Warning:  trunk-ajar warning
Brake Fluid Warning:  brake-fluid warning
Safety And Security:

ABS  four-wheel ABS brakes
Number of ABS Channels:  4 ABS channels
Brake Assistance:  brake assist
Brake Type:  four-wheel disc brakes
Vented Disc Brakes:  front ventilated disc brakes
Spare Tire Type:  full-size spare tire
Spare Tire Mount:  underbody mounted spare tire w/crankdown Driver Front Impact Airbag:  driver and passenger front-impact airbags Driver Side Airbag:  seat-mounted driver and passenger side-impact airbags Overhead Airbag:  Safety Canopy System curtain 1st, 2nd and 3rd row overhead airbag Occupancy Sensor:  front passenger airbag occupancy sensor Height Adjustable Seatbelts:  height adjustable front seatbelts Seatbelt Pretensioners:  front seatbelt pre-tensioners
3Point Rear Centre Seatbelt:  3 point rear centre seatbelt Side Impact Bars:  side-impact bars
Tailgate/Rear Door Lock Type:  tailgate/rear door lock included with power door locks Ignition Disable:  SecuriLock immobilizer
Panic Alarm:  panic alarm
Electronic Stability:  Ford Co-Pilot360 w/Side Wind Stabilization electronic stability stability control with anti-rollover Traction Control:  ABS and driveline traction control
Front and Rear Headrests:  manual adjustable front head restraints Rear Headrest Control:  3 rear head restraints
3rd Row Headrests:  3 manual adjustable third row head restraints 4th Row Headrest:  manual adjustable fourth row head restraints Number of 4th Row Headrests:  3 fourth row head restraints Seats And Trim:

Seating Capacity  max. seating capacity of 15
Front Bucket Seats:  front bucket seats
Number of Driver Seat Adjustments:  4-way driver and passenger seat adjustments Reclining Driver Seat:  manual reclining driver and passenger seats Driver Seat Mounted Armrest:  driver and passenger seat mounted armrests Driver Fore/Aft:  manual driver and passenger fore/aft adjustment Removeable Rear Seats:  removeable rear seat
Rear Seat Type:  rear bench seat
3rd Row Seat Type:  removable third row split-bench seat Reclining 4th Row Seat:  split-bench fourth row seat
Leather Upholstery:  vinyl front and rear seat upholstery Headliner Material:  full cloth headliner
Floor Covering:  full vinyl/rubber floor covering
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Dashboard Console Insert, Door Panel Insert Combination:  metal-look instrument panel insert, door panel insert, console insert Shift Knob Trim:  urethane shift knob
Cargo Space Trim:  vinyl/rubber cargo space
Trunk Lid:  plastic trunk lid/rear cargo door
Cargo Tie Downs:  cargo tie-downs
Cargo Light:  cargo light
Standard Engine:

Engine 275-hp, 3.5-liter V-6 (regular gas)
Standard Transmission:

Transmission  10-speed automatic w/ OD and PowerShift automatic Printed On 08/13/2025 03:10:14 PM Page 6 of 6

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Prepared For: City of Colton Date 08/13/2025
Alzammar, Bassam AE/AM ZRJ/KA0
Unit #
Year 2026 Make Ford Model F-250
Series XL 4x2 SD Regular Cab 8 ft. box 142 in. WB SRW
Vehicle Order Type Ordered Term 60 State CA Customer# 481152 $ 55,424.00 Capitalized Price of Vehicle 1
$0.00 * Sales Tax 0.0000% State CA
$ 120.00 * Initial License Fee
$ 0.00 * Registration Fee
$ 360.00 Other: (See Page 2)
$ 55,783.00 * Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 * Security Deposit
$5,169.77 * Taxes
All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote.

Order Information
Driver Name
Exterior Color (0 P) Oxford White
Interior Color Medium Dark Slate w/HD Vinyl 40/20/40 Split B Lic. Plate Type Exempt
GVWR 0
$ 1.00 Total Capitalized Amount (Delivered Price)
$ 0.01 Depreciation Reserve @ 1.3500%
$ 44.99 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor) 2 $ 45.00 Total Monthly Rental Excluding Additional Services Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$ 0.00 Physical Damage Management Comp/Coll Deductible 0 / 0 $ 0.00 Full Maintenance Program 3 Contract Miles 0 OverMileage Charge $ 0.0650 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included $ 0.00 Additional Services SubTotal
$ 3.94 Tax 8.7500% State CA
$ 48.94 Total Monthly Rental Including Additional Services $ 0.40 Reduced Book Value at 60 Months
$ 400.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 10,000
(Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval)
Notes
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.

Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold.

ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.

Lessee hereby authorizes this vehicle order, and agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement. In the event Lessee fails or refuses to accept delivery of the ordered vehicle, Lessee agrees that Lessor shall have the right to collect damages, including, but not limited to, a $500 disposal fee, interest incurred, and loss of value.

LESSEE City of Colton

BY TITLE DATE
* INDICATES ITEMS TO BE BILLED ON DELIVERY.
1 Capitalized price of vehicle may be adjusted to reflect final manufacturer's invoice, plus a pre delivery interest charge. Lessee hereby assigns to Lessor any manufacturer rebates and/or manufacturer incentives intended for the Lessee, which rebates and/or incentives have been used by Lessor to reduce the capitalized price of the vehicle. 2 Monthly lease charge will be adjusted to reflect the interest rate on the delivery date (subject to a floor). 3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc.

Open-End (Equity) Lease Rate Quote Quote No: 9217761
Printed On 08/13/2025 03:13:31 PM Page 1 of 5

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Aftermarket Equipment Total
Description (B)illed or (C)apped Price
Service/Utility - Service/Utility - Service/Utility - Custom Equipment - Phenix quote PR-24-15778ft service body WITH LADDER RACK
(AME Quote: PR-24-1577) C $ 12,625.00
Total Aftermarket Equipment Billed $ 0.00
Total Aftermarket Equipment Capitalized $ 12,625.00
Aftermarket Equipment Total $ 12,625.00
Other Totals
Description (B)illed or (C)apped Price
Initial Administration Fee C $ 60.00
Courtesy Delivery Fee C $ 300.00
Total Other Charges Billed $ 0.00
Total Other Charges Capitalized $ 360.00
Other Charges Total $ 360.00
Open-End (Equity) Lease Rate Quote Quote No: 9217761
Printed On 08/13/2025 03:13:31 PM Page 2 of 5

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VEHICLE INFORMATION:
2026 Ford F-250 XL 4x2 SD Regular Cab 8 ft. box 142 in. WB SRW - US Series ID: F2A
Pricing Summary:

INVOICE MSRP
Base Vehicle $43,392 $45,675.00
Total Options $512.00 $560.00
Destination Charge $2,195.00 $2,195.00
Total Price
SELECTED COLOR:

Exterior: Z1-(0 P) Oxford White
Interior: AS-Medium Dark Slate w/HD Vinyl 40/20/40 Split Bench Seat SELECTED OPTIONS:

CODE DESCRIPTION INVOICE MSRP
142WB 142" Wheelbase STD STD
153 Front License Plate Bracket NC NC
425 50-State Emissions System STD STD
43C 120V/400W Outlet $205.00 $225.00
44F Transmission: TorqShift-G 10-Speed Automatic Included Included 512 Spare Tire, Wheel, Carrier & Jack $269.00 $295.00
600A Order Code 600A NC NC
64A Wheels: 17" Argent Painted Steel Included Included
66D Pickup Box Delete $-569.00 $-625.00
66DRBD Rear Bumper Delete Included Included
66DSPR Spare Tire, Wheel, Jack & Tire Carrier Delete Included Included 66S Upfitter Switches (6) $228.00 $250.00
67E 250 Amp Alternator (Gas) $169.00 $185.00
76C Exterior Backup Alarm (Pre-Installed) $210.00 $230.00 99A Engine: 6.8L 2V DEVCT NA PFI V8 Gas Included Included A HD Vinyl 40/20/40 Split Bench Seat Included Included
AS_03 Medium Dark Slate w/HD Vinyl 40/20/40 Split Bench Seat NC NC FCP1 Ford Connectivity Package (1-Year Included) Included Included NONGV GVWR: 9,900 lbs Included Included
PAINT Monotone Paint Application STD STD
STDRD Radio: AM/FM Stereo w/MP3 Player Included Included SYNC4 SYNC 4 Included Included
TD8 Tires: LT245/75Rx17E BSW A/S Included Included
WARANT Fleet Customer Powertrain Limited Warranty NC NC X37 3.73 Axle Ratio Included Included
Z1_01 (0 P) Oxford White NC NC
$46,099.00 $48,430.00
Open-End (Equity) Lease Rate Quote Quote No: 9217761
Printed On 08/13/2025 03:13:31 PM Page 3 of 5

Page 548 of 688 ends

CONFIGURED FEATURES:

Body Exterior Features:

Number Of Doors  2
Driver And Passenger Mirror:  power remote heated manual folding side-view door mirrors with turn signal indicator Convex Driver Mirror:  convex driver and passenger mirror Mirror Type:  manual extendable trailer mirrors
Door Handles:  black
Front And Rear Bumpers:  black front and rear bumpers with black rub strip Front Tow Hooks:  2 front tow hooks
Front License Plate Bracket:  front license plate bracket Body Material:  aluminum body material
:  class V trailering with hitch
Grille:  black grille
Upfitter Switches:  upfitter switches
Convenience Features:

Air Conditioning  manual air conditioning
Air Filter:  air filter
Cruise Control:  cruise control with steering wheel controls Power Windows:  power windows with driver and passenger 1-touch down Remote Keyless Entry:  yes remote keyless entry
Illuminated Entry:  illuminated entry
Integrated Key Remote:  integrated key/remote
Auto Locking:  auto-locking doors
Steering Wheel:  steering wheel with manual tilting, manual telescoping Day-Night Rearview Mirror:  day-night rearview mirror
Emergency SOS:  SYNC 4 911 Assist emergency communication system Front Cupholder:  front cupholder
Overhead Console:  full overhead console with storage
Glove Box:  illuminated locking glove box
Dashboard Storage:  dashboard storage
IP Storage:  covered bin instrument-panel storage
Retained Accessory Power:  retained accessory power
Power Accessory Outlet:  2 12V DC power outlets
AC Power Outlet:  1 interior 120V AC power outlet
Entertainment Features:
radio  AM/FM stereo with seek-scan
Voice Activated Radio:  voice activated radio
Speed Sensitive Volume:  speed-sensitive volume
Steering Wheel Radio Controls:  steering-wheel mounted audio controls Speakers:  4 speakers
Internet Access:  FordPass Connect 5G internet access
1st Row LCD:  2 1st row LCD monitor
Wireless Connectivity:  wireless phone connectivity
Antenna:  fixed antenna
Lighting, Visibility and Instrumentation Features:

Headlamp Type  delay-off reflector halogen headlamps
Cab Clearance Lights:  cargo bed light
Front Wipers:  variable intermittent wipers
Tinted Windows:  light-tinted windows
Dome Light:  dome light with fade
Front Reading Lights:  front reading lights
Variable IP Lighting:  variable instrument panel lighting Display Type:  digital/analog appearance
Tachometer:  tachometer
Compass:  compass
Exterior Temp:  outside-temperature display
Low Tire Pressure Warning:  tire specific low-tire-pressure warning Printed On 08/13/2025 03:13:31 PM Page 4 of 5

Page 549 of 688 ends

Trip Computer:  trip computer
Trip Odometer:  trip odometer
Oil Pressure Gauge:  oil pressure gauge
Water Temp Gauge:  water temp. gauge
Transmission Oil Temp Gauge:  transmission oil temp. gauge Engine Hour Meter:  engine hour meter
Clock:  digital clock
Systems Monitor:  driver information centre
Oil Pressure Warning:  oil-pressure warning
Water Temp Warning:  water-temp. warning
Battery Warning:  battery warning
Lights On Warning:  lights-on warning
Key in Ignition Warning:  key-in-ignition warning
Low Fuel Warning:  low-fuel warning
Door Ajar Warning:  door-ajar warning
Brake Fluid Warning:  brake-fluid warning
Safety And Security:

ABS  four-wheel ABS brakes
Number of ABS Channels:  4 ABS channels
Brake Assistance:  brake assist
Brake Type:  four-wheel disc brakes
Vented Disc Brakes:  front and rear ventilated disc brakes Daytime Running Lights:  daytime running lights
Spare Tire Type:  full-size spare tire
Spare Tire Mount:  underbody mounted spare tire w/crankdown Driver Front Impact Airbag:  driver and passenger front-impact airbags Driver Side Airbag:  seat-mounted driver and passenger side-impact airbags Overhead Airbag:  Safety Canopy System curtain 1st row overhead airbag Height Adjustable Seatbelts:  height adjustable front seatbelts Side Impact Bars:  side-impact bars
Perimeter Under Vehicle Lights:  remote activated perimeter/approach lights Ignition Disable:  SecuriLock immobilizer
Security System:  security system Ford Security Package (1-year included with activation) Panic Alarm:  panic alarm
Electronic Stability:  AdvanceTrac w/Roll Stability Control electronic stability stability control with anti-rollover Traction Control:  ABS and driveline traction control
Front and Rear Headrests:  manual adjustable front head restraints Seats And Trim:

Seating Capacity  max. seating capacity of 3
Front Bucket Seats:  front split-bench 40-20-40 seats
Number of Driver Seat Adjustments:  4-way driver and passenger seat adjustments Reclining Driver Seat:  manual reclining driver and passenger seats Driver Lumbar:  manual driver and passenger lumbar support Driver Fore/Aft:  manual driver and passenger fore/aft adjustment Front Centre Armrest Storage:  front centre armrest with storage Leather Upholstery:  vinyl front seat upholstery
Headliner Material:  full cloth headliner
Floor Covering:  full vinyl/rubber floor covering
Shift Knob Trim:  urethane shift knob
Interior Accents:  chrome interior accents
Standard Engine:

Engine 405-hp, 6.8-liter V-8 (regular gas)
Standard Transmission:

Transmission  10-speed automatic w/ OD and PowerShift automatic Printed On 08/13/2025 03:13:31 PM Page 5 of 5

Page 550 of 688 ends

Prepared For: City of Colton Date 08/13/2025
Alzammar, Bassam AE/AM ZRJ/KA0
Unit #
Year 2026 Make Ford Model F-250
Series XL 4x2 SD Regular Cab 8 ft. box 142 in. WB SRW
Vehicle Order Type Ordered Term 60 State CA Customer# 481152 $ 53,964.00 Capitalized Price of Vehicle 1
$0.00 * Sales Tax 0.0000% State CA
$ 120.00 * Initial License Fee
$ 0.00 * Registration Fee
$ 360.00 Other: (See Page 2)
$ 54,323.00 * Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 * Security Deposit
$5,042.02 * Taxes
All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote.

Order Information
Driver Name
Exterior Color (0 P) Oxford White
Interior Color Medium Dark Slate w/HD Vinyl 40/20/40 Split B Lic. Plate Type Exempt
GVWR 0
$ 1.00 Total Capitalized Amount (Delivered Price)
$ 0.01 Depreciation Reserve @ 1.3500%
$ 44.99 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor) 2 $ 45.00 Total Monthly Rental Excluding Additional Services Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$ 0.00 Physical Damage Management Comp/Coll Deductible 0 / 0 $ 0.00 Full Maintenance Program 3 Contract Miles 0 OverMileage Charge $ 0.0650 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included $ 0.00 Additional Services SubTotal
$ 3.94 Tax 8.7500% State CA
$ 48.94 Total Monthly Rental Including Additional Services $ 0.40 Reduced Book Value at 60 Months
$ 400.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 10,000
(Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval)
Notes
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.

Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold.

ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.

Lessee hereby authorizes this vehicle order, and agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement. In the event Lessee fails or refuses to accept delivery of the ordered vehicle, Lessee agrees that Lessor shall have the right to collect damages, including, but not limited to, a $500 disposal fee, interest incurred, and loss of value.

LESSEE City of Colton

BY TITLE DATE
* INDICATES ITEMS TO BE BILLED ON DELIVERY.
1 Capitalized price of vehicle may be adjusted to reflect final manufacturer's invoice, plus a pre delivery interest charge. Lessee hereby assigns to Lessor any manufacturer rebates and/or manufacturer incentives intended for the Lessee, which rebates and/or incentives have been used by Lessor to reduce the capitalized price of the vehicle. 2 Monthly lease charge will be adjusted to reflect the interest rate on the delivery date (subject to a floor). 3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc.

Open-End (Equity) Lease Rate Quote Quote No: 9217644
Printed On 08/13/2025 03:16:50 PM Page 1 of 5

Page 551 of 688 ends

Aftermarket Equipment Total
Description (B)illed or (C)apped Price
Service/Utility - Service/Utility - General Service Body - NO LADDER RACK - Ref ID: PR-24-1576
- Phenix Truck Bodies C $ 11,165.00
Total Aftermarket Equipment Billed $ 0.00
Total Aftermarket Equipment Capitalized $ 11,165.00
Aftermarket Equipment Total $ 11,165.00
Other Totals
Description (B)illed or (C)apped Price
Initial Administration Fee C $ 60.00
Courtesy Delivery Fee C $ 300.00
Total Other Charges Billed $ 0.00
Total Other Charges Capitalized $ 360.00
Other Charges Total $ 360.00
Open-End (Equity) Lease Rate Quote Quote No: 9217644
Printed On 08/13/2025 03:16:50 PM Page 2 of 5

Page 552 of 688 ends

VEHICLE INFORMATION:
2026 Ford F-250 XL 4x2 SD Regular Cab 8 ft. box 142 in. WB SRW - US Series ID: F2A
Pricing Summary:

INVOICE MSRP
Base Vehicle $43,392 $45,675.00
Total Options $512.00 $560.00
Destination Charge $2,195.00 $2,195.00
Total Price
SELECTED COLOR:

Exterior: Z1-(0 P) Oxford White
Interior: AS-Medium Dark Slate w/HD Vinyl 40/20/40 Split Bench Seat SELECTED OPTIONS:

CODE DESCRIPTION INVOICE MSRP
142WB 142" Wheelbase STD STD
153 Front License Plate Bracket NC NC
425 50-State Emissions System STD STD
43C 120V/400W Outlet $205.00 $225.00
44F Transmission: TorqShift-G 10-Speed Automatic Included Included 512 Spare Tire, Wheel, Carrier & Jack $269.00 $295.00
600A Order Code 600A NC NC
64A Wheels: 17" Argent Painted Steel Included Included
66D Pickup Box Delete $-569.00 $-625.00
66DRBD Rear Bumper Delete Included Included
66DSPR Spare Tire, Wheel, Jack & Tire Carrier Delete Included Included 66S Upfitter Switches (6) $228.00 $250.00
67E 250 Amp Alternator (Gas) $169.00 $185.00
76C Exterior Backup Alarm (Pre-Installed) $210.00 $230.00 99A Engine: 6.8L 2V DEVCT NA PFI V8 Gas Included Included A HD Vinyl 40/20/40 Split Bench Seat Included Included
AS_03 Medium Dark Slate w/HD Vinyl 40/20/40 Split Bench Seat NC NC FCP1 Ford Connectivity Package (1-Year Included) Included Included NONGV GVWR: 9,900 lbs Included Included
PAINT Monotone Paint Application STD STD
STDRD Radio: AM/FM Stereo w/MP3 Player Included Included SYNC4 SYNC 4 Included Included
TD8 Tires: LT245/75Rx17E BSW A/S Included Included
WARANT Fleet Customer Powertrain Limited Warranty NC NC X37 3.73 Axle Ratio Included Included
Z1_01 (0 P) Oxford White NC NC
$46,099.00 $48,430.00
Open-End (Equity) Lease Rate Quote Quote No: 9217644
Printed On 08/13/2025 03:16:50 PM Page 3 of 5

Page 553 of 688 ends

CONFIGURED FEATURES:

Body Exterior Features:

Number Of Doors  2
Driver And Passenger Mirror:  power remote heated manual folding side-view door mirrors with turn signal indicator Convex Driver Mirror:  convex driver and passenger mirror Mirror Type:  manual extendable trailer mirrors
Door Handles:  black
Front And Rear Bumpers:  black front and rear bumpers with black rub strip Front Tow Hooks:  2 front tow hooks
Front License Plate Bracket:  front license plate bracket Body Material:  aluminum body material
:  class V trailering with hitch
Grille:  black grille
Upfitter Switches:  upfitter switches
Convenience Features:

Air Conditioning  manual air conditioning
Air Filter:  air filter
Cruise Control:  cruise control with steering wheel controls Power Windows:  power windows with driver and passenger 1-touch down Remote Keyless Entry:  yes remote keyless entry
Illuminated Entry:  illuminated entry
Integrated Key Remote:  integrated key/remote
Auto Locking:  auto-locking doors
Steering Wheel:  steering wheel with manual tilting, manual telescoping Day-Night Rearview Mirror:  day-night rearview mirror
Emergency SOS:  SYNC 4 911 Assist emergency communication system Front Cupholder:  front cupholder
Overhead Console:  full overhead console with storage
Glove Box:  illuminated locking glove box
Dashboard Storage:  dashboard storage
IP Storage:  covered bin instrument-panel storage
Retained Accessory Power:  retained accessory power
Power Accessory Outlet:  2 12V DC power outlets
AC Power Outlet:  1 interior 120V AC power outlet
Entertainment Features:
radio  AM/FM stereo with seek-scan
Voice Activated Radio:  voice activated radio
Speed Sensitive Volume:  speed-sensitive volume
Steering Wheel Radio Controls:  steering-wheel mounted audio controls Speakers:  4 speakers
Internet Access:  FordPass Connect 5G internet access
1st Row LCD:  2 1st row LCD monitor
Wireless Connectivity:  wireless phone connectivity
Antenna:  fixed antenna
Lighting, Visibility and Instrumentation Features:

Headlamp Type  delay-off reflector halogen headlamps
Cab Clearance Lights:  cargo bed light
Front Wipers:  variable intermittent wipers
Tinted Windows:  light-tinted windows
Dome Light:  dome light with fade
Front Reading Lights:  front reading lights
Variable IP Lighting:  variable instrument panel lighting Display Type:  digital/analog appearance
Tachometer:  tachometer
Compass:  compass
Exterior Temp:  outside-temperature display
Low Tire Pressure Warning:  tire specific low-tire-pressure warning Printed On 08/13/2025 03:16:50 PM Page 4 of 5

Page 554 of 688 ends

Trip Computer:  trip computer
Trip Odometer:  trip odometer
Oil Pressure Gauge:  oil pressure gauge
Water Temp Gauge:  water temp. gauge
Transmission Oil Temp Gauge:  transmission oil temp. gauge Engine Hour Meter:  engine hour meter
Clock:  digital clock
Systems Monitor:  driver information centre
Oil Pressure Warning:  oil-pressure warning
Water Temp Warning:  water-temp. warning
Battery Warning:  battery warning
Lights On Warning:  lights-on warning
Key in Ignition Warning:  key-in-ignition warning
Low Fuel Warning:  low-fuel warning
Door Ajar Warning:  door-ajar warning
Brake Fluid Warning:  brake-fluid warning
Safety And Security:

ABS  four-wheel ABS brakes
Number of ABS Channels:  4 ABS channels
Brake Assistance:  brake assist
Brake Type:  four-wheel disc brakes
Vented Disc Brakes:  front and rear ventilated disc brakes Daytime Running Lights:  daytime running lights
Spare Tire Type:  full-size spare tire
Spare Tire Mount:  underbody mounted spare tire w/crankdown Driver Front Impact Airbag:  driver and passenger front-impact airbags Driver Side Airbag:  seat-mounted driver and passenger side-impact airbags Overhead Airbag:  Safety Canopy System curtain 1st row overhead airbag Height Adjustable Seatbelts:  height adjustable front seatbelts Side Impact Bars:  side-impact bars
Perimeter Under Vehicle Lights:  remote activated perimeter/approach lights Ignition Disable:  SecuriLock immobilizer
Security System:  security system Ford Security Package (1-year included with activation) Panic Alarm:  panic alarm
Electronic Stability:  AdvanceTrac w/Roll Stability Control electronic stability stability control with anti-rollover Traction Control:  ABS and driveline traction control
Front and Rear Headrests:  manual adjustable front head restraints Seats And Trim:

Seating Capacity  max. seating capacity of 3
Front Bucket Seats:  front split-bench 40-20-40 seats
Number of Driver Seat Adjustments:  4-way driver and passenger seat adjustments Reclining Driver Seat:  manual reclining driver and passenger seats Driver Lumbar:  manual driver and passenger lumbar support Driver Fore/Aft:  manual driver and passenger fore/aft adjustment Front Centre Armrest Storage:  front centre armrest with storage Leather Upholstery:  vinyl front seat upholstery
Headliner Material:  full cloth headliner
Floor Covering:  full vinyl/rubber floor covering
Shift Knob Trim:  urethane shift knob
Interior Accents:  chrome interior accents
Standard Engine:

Engine 405-hp, 6.8-liter V-8 (regular gas)
Standard Transmission:

Transmission  10-speed automatic w/ OD and PowerShift automatic Printed On 08/13/2025 03:16:50 PM Page 5 of 5

Page 555 of 688 ends

Prepared For: City of Colton Date 08/13/2025
Alzammar, Bassam AE/AM ZRJ/KA0
Unit #
Year 2026 Make Ford Model F-350
Series XL 4x4 SD Super Cab 8 ft. box 164 in. WB SRW
Vehicle Order Type Ordered Term 60 State CA Customer# 481152 $ 61,989.00 Capitalized Price of Vehicle 1
$0.00 * Sales Tax 0.0000% State CA
$ 120.00 * Initial License Fee
$ 0.00 * Registration Fee
$ 535.00 Other: (See Page 2)
$ 62,523.00 * Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 * Security Deposit
$5,733.27 * Taxes
All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote.

Order Information
Driver Name
Exterior Color (0 P) Oxford White
Interior Color (0 I) Medium Dark Slate
Lic. Plate Type Exempt
GVWR 0
$ 1.00 Total Capitalized Amount (Delivered Price)
$ 0.01 Depreciation Reserve @ 1.3500%
$ 44.99 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor) 2 $ 45.00 Total Monthly Rental Excluding Additional Services Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$ 0.00 Physical Damage Management Comp/Coll Deductible 0 / 0 $ 0.00 Full Maintenance Program 3 Contract Miles 0 OverMileage Charge $ 0.0650 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included $ 0.00 Additional Services SubTotal
$ 3.94 Tax 8.7500% State CA
$ 48.94 Total Monthly Rental Including Additional Services $ 0.40 Reduced Book Value at 60 Months
$ 400.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 10,000
(Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval)
Notes
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.

Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold.

ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.

Lessee hereby authorizes this vehicle order, and agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement. In the event Lessee fails or refuses to accept delivery of the ordered vehicle, Lessee agrees that Lessor shall have the right to collect damages, including, but not limited to, a $500 disposal fee, interest incurred, and loss of value.

LESSEE City of Colton

BY TITLE DATE
* INDICATES ITEMS TO BE BILLED ON DELIVERY.
1 Capitalized price of vehicle may be adjusted to reflect final manufacturer's invoice, plus a pre delivery interest charge. Lessee hereby assigns to Lessor any manufacturer rebates and/or manufacturer incentives intended for the Lessee, which rebates and/or incentives have been used by Lessor to reduce the capitalized price of the vehicle. 2 Monthly lease charge will be adjusted to reflect the interest rate on the delivery date (subject to a floor). 3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc.

Open-End (Equity) Lease Rate Quote Quote No: 8993875
Printed On 08/13/2025 03:41:12 PM Page 1 of 6

Page 556 of 688 ends

Aftermarket Equipment Total
Description (B)illed or (C)apped Price
Service/Utility - PR-24-1589 - service body with ladder rack C $ 12,625.00 Total Aftermarket Equipment Billed $ 0.00
Total Aftermarket Equipment Capitalized $ 12,625.00
Aftermarket Equipment Total $ 12,625.00
Other Totals
Description (B)illed or (C)apped Price
Initial Administration Fee C $ 60.00
Courtesy Delivery Fee C $ 475.00
Total Other Charges Billed $ 0.00
Total Other Charges Capitalized $ 535.00
Other Charges Total $ 535.00
Open-End (Equity) Lease Rate Quote Quote No: 8993875
Printed On 08/13/2025 03:41:12 PM Page 2 of 6

Page 557 of 688 ends

VEHICLE INFORMATION:
2026 Ford F-350 XL 4x4 SD Super Cab 8 ft. box 164 in. WB SRW - US Series ID: X3B
Pricing Summary:

INVOICE MSRP
Base Vehicle $49,899 $52,525.00
Total Options $210.00 $230.00
Destination Charge $2,195.00 $2,195.00
Total Price
SELECTED COLOR:

Exterior: Z1-(0 P) Oxford White
Interior: AS-(0 I) Medium Dark Slate
SELECTED OPTIONS:

CODE DESCRIPTION INVOICE MSRP
153 front license plate bracket NC NC
164WB 164" wheelbase STD STD
425 50-state emissions system STD STD
44F TorqShift-G 10-speed automatic transmission Included Included 610A order code 610A NC NC
64A 17" argent painted steel wheels Included Included
66S upfitter switches (6) $210.00 $230.00
67D 190 amp alternator Included Included
99A 6.8L 2V DEVCT NA PFI V8 gas engine Included Included A HD vinyl 40/20/40 split bench seat Included Included
AS_03 (0 I) Medium Dark Slate NC NC
FCP1 Ford connectivity package (1-year included) Included Included PAINT monotone paint application STD STD
STDGV 10,800 lb payload package GVWR Included Included
STDRD AM/FM stereo with MP3 player Included Included
SYNC4 SYNC 4 Included Included
TD8 LT245/75Rx17E BSW A/S (4) tires Included Included
WARANT fleet customer powertrain limited warranty NC NC X37 3.73 axle ratio Included Included
Z1_01 (0 P) Oxford White NC NC
$52,304.00 $54,950.00
Open-End (Equity) Lease Rate Quote Quote No: 8993875
Printed On 08/13/2025 03:41:12 PM Page 3 of 6

Page 558 of 688 ends

CONFIGURED FEATURES:

Body Exterior Features:

Number Of Doors  4
Rear Driver Door:  reverse opening rear passenger doors Rear Cargo Door Type:  tailgate
Driver And Passenger Mirror:  power remote heated manual folding side-view door mirrors with turn signal indicator Convex Driver Mirror:  convex driver and passenger mirror Mirror Type:  manual extendable trailer mirrors
Door Handles:  black
Front And Rear Bumpers:  black front and rear bumpers with black rub strip Rear Step Bumper:  rear step bumper
Front Tow Hooks:  2 front tow hooks
Front License Plate Bracket:  front license plate bracket Box Style:  regular
Body Material:  aluminum body material
:  class V trailering with harness, hitch
Grille:  black grille
Upfitter Switches:  upfitter switches
Convenience Features:

Air Conditioning  manual air conditioning
Air Filter:  air filter
Cruise Control:  cruise control with steering wheel controls Power Windows:  power windows with driver and passenger 1-touch down Remote Keyless Entry:  yes remote keyless entry
Illuminated Entry:  illuminated entry
Integrated Key Remote:  integrated key/remote
Auto Locking:  auto-locking doors
Steering Wheel:  steering wheel with manual tilting, manual telescoping Day-Night Rearview Mirror:  day-night rearview mirror
Emergency SOS:  SYNC 4 911 Assist emergency communication system Front Cupholder:  front and rear cupholders
Overhead Console:  full overhead console with storage
Glove Box:  illuminated locking glove box
Dashboard Storage:  dashboard storage
IP Storage:  covered bin instrument-panel storage
Retained Accessory Power:  retained accessory power
Power Accessory Outlet:  2 12V DC power outlets
Entertainment Features:
radio  AM/FM stereo with seek-scan
Voice Activated Radio:  voice activated radio
Speed Sensitive Volume:  speed-sensitive volume
Steering Wheel Radio Controls:  steering-wheel mounted audio controls Speakers:  6 speakers
Internet Access:  FordPass Connect 5G internet access
1st Row LCD:  2 1st row LCD monitor
Wireless Connectivity:  wireless phone connectivity
Antenna:  fixed antenna
Lighting, Visibility and Instrumentation Features:

Headlamp Type  delay-off reflector halogen headlamps
Cab Clearance Lights:  cargo bed light
Front Wipers:  variable intermittent wipers
Tinted Windows:  light-tinted windows
Dome Light:  dome light with fade
Front Reading Lights:  front reading lights
Variable IP Lighting:  variable instrument panel lighting Display Type:  digital/analog appearance
Tachometer:  tachometer
Printed On 08/13/2025 03:41:12 PM Page 4 of 6

Page 559 of 688 ends

Compass:  compass
Exterior Temp:  outside-temperature display
Low Tire Pressure Warning:  tire specific low-tire-pressure warning Trip Computer:  trip computer
Trip Odometer:  trip odometer
Oil Pressure Gauge:  oil pressure gauge
Water Temp Gauge:  water temp. gauge
Transmission Oil Temp Gauge:  transmission oil temp. gauge Engine Hour Meter:  engine hour meter
Clock:  digital clock
Systems Monitor:  driver information centre
Rear Vision Camera:  rear vision camera
Oil Pressure Warning:  oil-pressure warning
Water Temp Warning:  water-temp. warning
Battery Warning:  battery warning
Lights On Warning:  lights-on warning
Key in Ignition Warning:  key-in-ignition warning
Low Fuel Warning:  low-fuel warning
Door Ajar Warning:  door-ajar warning
Brake Fluid Warning:  brake-fluid warning
Safety And Security:

ABS  four-wheel ABS brakes
Number of ABS Channels:  4 ABS channels
Brake Assistance:  brake assist
Brake Type:  four-wheel disc brakes
Vented Disc Brakes:  front and rear ventilated disc brakes Daytime Running Lights:  daytime running lights
Spare Tire Type:  full-size spare tire
Spare Tire Mount:  underbody mounted spare tire w/crankdown Driver Front Impact Airbag:  driver and passenger front-impact airbags Driver Side Airbag:  seat-mounted driver and passenger side-impact airbags Overhead Airbag:  Safety Canopy System curtain 1st and 2nd row overhead airbag Height Adjustable Seatbelts:  height adjustable front seatbelts 3Point Rear Centre Seatbelt:  3 point rear centre seatbelt Side Impact Bars:  side-impact bars
Perimeter Under Vehicle Lights:  remote activated perimeter/approach lights Tailgate/Rear Door Lock Type:  tailgate/rear door lock included with power door locks Ignition Disable:  SecuriLock immobilizer
Security System:  security system Ford Security Package (1-year included with activation) Panic Alarm:  panic alarm
Electronic Stability:  AdvanceTrac w/Roll Stability Control electronic stability stability control with anti-rollover Traction Control:  ABS and driveline traction control
Front and Rear Headrests:  manual adjustable front head restraints Rear Headrest Control:  3 rear head restraints
Seats And Trim:

Seating Capacity  max. seating capacity of 6
Front Bucket Seats:  front split-bench 40-20-40 seats
Number of Driver Seat Adjustments:  4-way driver and passenger seat adjustments Reclining Driver Seat:  manual reclining driver and passenger seats Driver Lumbar:  manual driver and passenger lumbar support Driver Fore/Aft:  manual driver and passenger fore/aft adjustment Front Centre Armrest Storage:  front centre armrest with storage Rear Seat Type:  rear 60-40 split-bench seat
Rear Folding Position:  rear seat fold-up cushion
Leather Upholstery:  vinyl front and rear seat upholstery Headliner Material:  full cloth headliner
Floor Covering:  full vinyl/rubber floor covering
Shift Knob Trim:  urethane shift knob
Interior Accents:  chrome interior accents
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Standard Engine:

Engine 405-hp, 6.8-liter V-8 (regular gas)
Standard Transmission:

Transmission  10-speed automatic w/ OD and PowerShift automatic Printed On 08/13/2025 03:41:12 PM Page 6 of 6

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Prepared For: City of Colton Date 08/19/2025
Alzammar, Bassam AE/AM ZRJ/KA0
Unit #
Year 2026 Make Chevrolet Model Silverado EV
Series Work Truck w/5WT All-Wheel Drive Crew Cab 5.75 ft. box 145.7 in. WB Vehicle Order Type Ordered Term 60 State CA Customer# 481152 $ 58,376.10 Capitalized Price of Vehicle 1
$0.00 * Sales Tax 0.0000% State CA
$ 120.00 * Initial License Fee
$ 0.00 * Registration Fee
$ 360.00 Other: (See Page 2)
$ 58,735.10 * Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 * Security Deposit
$5,970.58 * Taxes
All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote.

Order Information
Driver Name
Exterior Color (0 P) Summit White
Interior Color Black w/Evotex Seat Trim
Lic. Plate Type Exempt
GVWR 0
$ 1.00 Total Capitalized Amount (Delivered Price)
$ 0.01 Depreciation Reserve @ 1.3500%
$ 44.99 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor) 2 $ 45.00 Total Monthly Rental Excluding Additional Services Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
$ 0.00 Comp/Coll Deductible 0 / 0
$ 0.00
Liability Limit $0.00
Physical Damage Management
Full Maintenance Program 3 Contract Miles 0 OverMileage Charge $ 0.0850 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included $ 0.00 Additional Services SubTotal
$ 3.94 Tax 8.7500% State CA
$ 48.94 Total Monthly Rental Including Additional Services $ 0.40 Reduced Book Value at 60 Months
$ 400.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 5,000
(Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval)
Notes
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.

Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold.

ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.

Lessee hereby authorizes this vehicle order, and agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement. In the event Lessee fails or refuses to accept delivery of the ordered vehicle, Lessee agrees that Lessor shall have the right to collect damages, including, but not limited to, a $500 disposal fee, interest incurred, and loss of value.

LESSEE City of Colton

BY TITLE DATE
* INDICATES ITEMS TO BE BILLED ON DELIVERY.
1 Capitalized price of vehicle may be adjusted to reflect final manufacturer's invoice, plus a pre delivery interest charge. Lessee hereby assigns to Lessor any manufacturer rebates and/or manufacturer incentives intended for the Lessee, which rebates and/or incentives have been used by Lessor to reduce the capitalized price of the vehicle. 2 Monthly lease charge will be adjusted to reflect the interest rate on the delivery date (subject to a floor). 3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc.

Open-End (Equity) Lease Rate Quote Quote No: 9234700
Printed On 08/19/2025 09:52:35 AM Page 1 of 6

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Aftermarket Equipment Total
Description (B)illed or (C)apped Price
Tool Box - estimated tool box cost - $1,200 C $ 1,200.00 Total Aftermarket Equipment Billed $ 0.00
Total Aftermarket Equipment Capitalized $ 1,200.00
Aftermarket Equipment Total $ 1,200.00
Other Totals
Description (B)illed or (C)apped Price
Initial Administration Fee C $ 60.00
Courtesy Delivery Fee C $ 300.00
Total Other Charges Billed $ 0.00
Total Other Charges Capitalized $ 360.00
Other Charges Total $ 360.00
Open-End (Equity) Lease Rate Quote Quote No: 9234700
Printed On 08/19/2025 09:52:35 AM Page 2 of 6

Page 563 of 688 ends

VEHICLE INFORMATION:
2026 Chevrolet Silverado EV Work Truck w/5WT All-Wheel Drive Crew Cab 5.75 ft. box 145.7 in. WB - US Series ID: CT35843
Pricing Summary:

INVOICE MSRP
Base Vehicle $64,015.4 $66,200.00
Total Options $565.70 $585.00
Destination Charge $2,095.00 $2,095.00
Total Price
SELECTED COLOR:

Exterior: GAZ-(0 P) Summit White
Interior: H9F-Black w/Evotex Seat Trim
SELECTED OPTIONS:

CODE DESCRIPTION INVOICE MSRP
5WT Preferred Equipment Group 5WT NC NC
A2V 6-Way Manual Driver Seat Adjuster Included Included A7E Front Passenger 4-Way Manual Seat Adjuster Included Included AR9 Front Bucket Seats STD STD
C5F GVWR: 9,990 lbs (4,531 Kg) STD STD
CGN Black Chevytec Spray-on Bedliner $527.02 $545.00
EN0 Engine: None STD STD
ETI Extended Range Battery Pack Included Included
FE2 4-Wheel Independent Suspension STD STD
GAZ_01 (0 P) Summit White NC NC
H9F_03 Black w/Evotex Seat Trim NC NC
MF1 Transmission: None STD STD
PAINT Monotone Paint Application STD STD
QWJ Tires: LT265/70R18 All-Season Blackwall STD STD
RIP Wheels: 18" X 8.5" High Gloss Black Painted Alum STD STD STDAX Axle Ratio: TBD STD STD
STDTM Evotex Seat Trim STD STD
U2K SiriusXM w/360L Trial Subscription Included Included UQF 6-Speaker Audio System Feature Included Included
URW Radio: 17.7" Diagonal Advanced Color LCD Display STD STD VK3 Front License Plate Bracket Mounting Package $38.68 $40.00 $66,676.10 $68,880.00
Open-End (Equity) Lease Rate Quote Quote No: 9234700
Printed On 08/19/2025 09:52:35 AM Page 3 of 6

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CONFIGURED FEATURES:

Body Exterior Features:

Number Of Doors  4
Rear Cargo Door Type:  Multi-Flex Tailgate tailgate
Driver And Passenger Mirror:  power remote heated manual folding side-view door mirrors Side Steps:  yes
Door Handles:  body-coloured
Front And Rear Bumpers:  black front and rear bumpers with black rub strip Rear Step Bumper:  rear step bumper
Front License Plate Bracket:  front license plate bracket Bed Liner:  bed liner
Box Style:  regular
Body Material:  galvanized steel/aluminum body material :  trailering with brake controller
Fender Flares:  black fender flares
Grille:  black grille
Convenience Features:

Air Conditioning  automatic dual-zone front air conditioning Air Filter:  air filter
Console Ducts:  console ducts
Cruise Control:  cruise control with steering wheel controls, Adaptive Cruise Control adaptive Power Windows:  power windows with front and rear 1-touch down Remote Keyless Entry:  yes remote keyless entry
Integrated Key Remote:  integrated key/remote
Auto Locking:  auto-locking doors
Passive Entry:  Keyless Open and Power On proximity key Window FOB Controls:  remote window controls
Steering Wheel:  steering wheel with manual tilting, manual telescoping Day-Night Rearview Mirror:  day-night rearview mirror
Emergency SOS:  OnStar emergency communication system
Navigation System:  navigation system with voice activation Front Cupholder:  front and rear cupholders
Floor Console:  full floor console with covered box
Overhead Console:  mini overhead console
Glove Box:  locking glove box
Driver Door Bin:  driver and passenger door bins
Seatback Storage Pockets:  1 seatback storage pockets
IP Storage:  bin instrument-panel storage
Driver Footrest:  driver's footrest
Retained Accessory Power:  retained accessory power
Power Accessory Outlet:  2 12V DC power outlets
AC Power Outlet:  2 interior 120V AC power outlet
Entertainment Features:
radio  AM/FM/Satellite with seek-scan
Radio Data System:  radio data system
Voice Activated Radio:  voice activated radio
Steering Wheel Radio Controls:  steering-wheel mounted audio controls Speakers:  6 speakers
Internet Access:  Wi-Fi Hotspot capable internet access TV Tuner:  OnStar Turn-by-Turn Navigation turn-by-turn navigation directions 1st Row LCD:  2 1st row LCD monitor
Wireless Connectivity:  wireless phone connectivity
Antenna:  fixed antenna
Lighting, Visibility and Instrumentation Features:

Headlamp Type  delay-off reflector LED low/high beam headlamps Auto-Dimming Headlights:  IntelliBeam auto high-beam headlights Front Wipers:  variable intermittent wipers
Printed On 08/19/2025 09:52:35 AM Page 4 of 6

Page 565 of 688 ends

Rear Window Defroster:  rear window defroster
Tinted Windows:  deep-tinted windows
Dome Light:  dome light with fade
Front Reading Lights:  front and rear reading lights
Variable IP Lighting:  variable instrument panel lighting Display Type:  digital/analog appearance
Exterior Temp:  outside-temperature display
Low Tire Pressure Warning:  tire specific low-tire-pressure warning Park Distance Control:  Front and Rear Park Assist front and rear parking sensors Trip Computer:  trip computer
Trip Odometer:  trip odometer
Lane Departure Warning:  lane departure
Blind Spot Sensor:  blind spot
Front Pedestrian Braking:  front pedestrian detection
Following Distance Indicator:  following distance alert Forward Collision Alert:  forward collision
Clock:  digital clock
Systems Monitor:  driver information centre
Check Control:  redundant digital speedometer
Rear Vision Camera:  rear vision camera
Lights On Warning:  lights-on warning
Low Washer Fluid Warning:  low-washer-fluid warning
Door Ajar Warning:  door-ajar warning
Brake Fluid Warning:  brake-fluid warning
Turn Signal On Warning:  turn-signal-on warning
Brake Pad Wear:  brake pad wear
Safety And Security:

ABS  four-wheel ABS brakes
Number of ABS Channels:  4 ABS channels
Brake Assistance:  brake assist
Brake Type:  DuraLife four-wheel disc brakes
Vented Disc Brakes:  front and rear ventilated disc brakes Daytime Running Lights:  daytime running lights
Spare Tire Type:  full-size spare tire
Spare Tire Mount:  underbody mounted spare tire w/crankdown Driver Front Impact Airbag:  driver and passenger front-impact airbags Driver Side Airbag:  seat-mounted driver and passenger side-impact airbags Overhead Airbag:  curtain 1st and 2nd row overhead airbag Occupancy Sensor:  front passenger airbag occupancy sensor Height Adjustable Seatbelts:  height adjustable front seatbelts Seatbelt Pretensioners:  front seatbelt pre-tensioners
3Point Rear Centre Seatbelt:  3 point rear centre seatbelt Side Impact Bars:  side-impact bars
Perimeter Under Vehicle Lights:  remote activated perimeter/approach lights Tailgate/Rear Door Lock Type:  manual tailgate/rear door lock Rear Child Safety Locks:  rear child safety locks
Ignition Disable:  immobilizer
Panic Alarm:  panic alarm
Tracker System:  tracker system
Electronic Stability:  StabiliTrak w/Proactive Roll Avoidance electronic stability stability control with anti-rollover Traction Control:  ABS and driveline traction control
Front and Rear Headrests:  manual adjustable front head restraints Rear Headrest Control:  3 rear head restraints
Seats And Trim:

Seating Capacity  max. seating capacity of 5
Front Bucket Seats:  front bucket seats
Number of Driver Seat Adjustments:  6-way driver and passenger seat adjustments Reclining Driver Seat:  manual reclining driver and passenger seats Driver Height Adjustment:  manual height-adjustable driver and passenger seats Printed On 08/19/2025 09:52:35 AM Page 5 of 6

Page 566 of 688 ends

Driver Fore/Aft:  manual driver and passenger fore/aft adjustment Front Centre Armrest Storage:  front centre armrest with storage Rear Seat Type:  rear 60-40 split-bench seat
Rear Folding Position:  rear seat fold-up cushion
Leather Upholstery:  Evotex leatherette front and rear seat upholstery Door Trim Insert:  vinyl door panel trim
Headliner Material:  full cloth headliner
Floor Covering:  full vinyl/rubber floor covering
Cabback Insulator:  cabback insulator
Shift Knob Trim:  urethane shift knob
Interior Accents:  metal-look interior accents
Cargo Tie Downs:  cargo tie-downs
Cargo Light:  cargo light
Standard Engine:

Engine 510-hp, (electric)
Standard Transmission:

Transmission  1-speed automatic
Printed On 08/19/2025 09:52:35 AM Page 6 of 6

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Prepared For: City of Colton Date 06/03/2025
Alzammar, Bassam AE/AM ZRJ/KA0
Unit #
Year 2025 Make Ford Model F-450 Chassis
Series XL 4x2 SD Regular Cab 169 in. WB DRW
Vehicle Order Type Ordered Term 60 State CA Customer# 481152 $ 151,642.47 Capitalized Price of Vehicle 1
$0.00 * Sales Tax 0.0000% State CA
$ 120.00 * Initial License Fee
$ 0.00 * Registration Fee
$ 360.00 Other: (See Page 2)
$ 152,001.47 * Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 * Security Deposit
$13,300.13 * Taxes
All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote.

Order Information
Driver Name
Exterior Color (0 P) Oxford White
Interior Color (0 I) Medium Dark Slate w/HD Vinyl 40/20/40 S Lic. Plate Type Exempt
GVWR 0
$ 1.00 Total Capitalized Amount (Delivered Price)
$ 0.01 Depreciation Reserve @ 1.3500%
$ 44.99 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor) 2 $ 45.00 Total Monthly Rental Excluding Additional Services Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
$ 0.00 Comp/Coll Deductible 0 / 0
$ 0.00
Liability Limit $0.00
Physical Damage Management
Full Maintenance Program 3 Contract Miles 0 OverMileage Charge $ 0.0850 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included $ 0.00 Additional Services SubTotal
$ 3.94 Tax 8.7500% State CA
$ 48.94 Total Monthly Rental Including Additional Services $ 0.40 Reduced Book Value at 60 Months
$ 400.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 6,000
(Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval)
Notes
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.

Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold.

ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.

Lessee hereby authorizes this vehicle order, and agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement. In the event Lessee fails or refuses to accept delivery of the ordered vehicle, Lessee agrees that Lessor shall have the right to collect damages, including, but not limited to, a $500 disposal fee, interest incurred, and loss of value.

LESSEE City of Colton

BY TITLE DATE
* INDICATES ITEMS TO BE BILLED ON DELIVERY.
1 Capitalized price of vehicle may be adjusted to reflect final manufacturer's invoice, plus a pre delivery interest charge. Lessee hereby assigns to Lessor any manufacturer rebates and/or manufacturer incentives intended for the Lessee, which rebates and/or incentives have been used by Lessor to reduce the capitalized price of the vehicle. 2 Monthly lease charge will be adjusted to reflect the interest rate on the delivery date (subject to a floor). 3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc.

Open-End (Equity) Lease Rate Quote Quote No: 8950778
Printed On 06/03/2025 06:31:22 PM Page 1 of 5

Page 568 of 688 ends
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