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.

Aftermarket Equipment Total
Description (B)illed or (C)apped Price
Custom Equipment - Custom Equipment - Roadline Stencil Truck F-450 Chassis Ordered Through Road Line C $ 93,500.00
Total Aftermarket Equipment Billed $ 0.00
Total Aftermarket Equipment Capitalized $ 93,500.00
Aftermarket Equipment Total $ 93,500.00
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: 8950778
Printed On 06/03/2025 06:31:22 PM Page 2 of 5

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VEHICLE INFORMATION:
2025 Ford F-450 Chassis XL 4x2 SD Regular Cab 169 in. WB DRW - US Series ID: F4G
Pricing Summary:

INVOICE MSRP
Base Vehicle $53,367 $56,175.00
Total Options $987.00 $1,085.00
Destination Charge $2,095.00 $2,095.00
Total Price
SELECTED COLOR:

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

CODE DESCRIPTION INVOICE MSRP
153 Front License Plate Bracket NC NC
169WB 169" Wheelbase STD STD
190AMP 190 Amp Alternator Included Included
425 50-State Emissions System STD STD
44G Transmission: TorqShift 10-Speed Automatic Included Included 512 Spare Tire & Wheel $319.00 $350.00
61J 6-Ton Hydraulic Jack Included Included
64Z Wheels: 19.5" x 6" Argent Painted Steel Included Included 650A Order Code 650A NC NC
76C Exterior Backup Alarm (Pre-Installed) $200.00 $220.00 872 Rear View Camera & Prep Kit $468.00 $515.00
99N Engine: 7.3L 2V DEVCT NA PFI V8 Gas Included Included A HD Vinyl 40/20/40 Split Bench Seat Included Included
AS_03 (0 I) Medium Dark Slate w/HD Vinyl 40/20/40 Split Bench Seat NC NC PAINT Monotone Paint Application STD STD
STDGV GVWR: 16,500 lb Payload Package Included Included STDRD Radio: AM/FM Stereo w/MP3 Player Included Included SYNC4 SYNC 4 Communication & Entertainment System Included Included TGJ Tires: 225/70Rx19.5G BSW A/P Included Included
WARANT Fleet Customer Powertrain Limited Warranty NC NC X48 4.88 Axle Ratio Included Included
Z1_01 (0 P) Oxford White NC NC
$56,449.00 $59,355.00
Open-End (Equity) Lease Rate Quote Quote No: 8950778
Printed On 06/03/2025 06:31:22 PM Page 3 of 5

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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 Front Mud Flaps:  front and rear mud flaps
Body Material:  aluminum body material
:  trailering with harness
Fender Flares:  black fender flares
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
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:  cab clearance lights
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
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Trip Computer:  trip computer
Trip Odometer:  trip odometer
Lane Departure Warning:  lane departure
Forward Collision Alert:  forward collision
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:  spare tire mounted frame mounted
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
Traction Control:  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 335-hp, 7.3-liter V-8 (regular gas)
Standard Transmission:

Transmission  10-speed automatic w/ OD and PowerShift automatic Printed On 06/03/2025 06:31:22 PM Page 5 of 5

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Prepared For: City of Colton Date 08/09/2025
Alzammar, Bassam AE/AM ZRJ/KA0
Unit #
Year 2025 Make Ford Model F-150 Lightning
Series Pro All-Wheel Drive SuperCrew Cab 5.5 ft. box 145 in. WB Vehicle Order Type Ordered Term 60 State CA Customer# 481152 $ 51,964.00 Capitalized Price of Vehicle 1
$0.00 * Sales Tax 0.0000%  State CA
$ 120.00 * Initial License Fee
$ 0.00 * Registration Fee
$ 425.00 Other: (See Page 2)
$ 52,388.00 * Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 * Security Deposit
$4,723.95 * 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/Vinyl Bucket Heated 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 OverMileage Charge $ 0.0850 Per Mile
# Tires 0 Loaner Vehicle Not Included
$ 0.00
$ 3.94
Liability Limit $0.00
Physical Damage Management
Full Maintenance Program 3 Contract Miles
Incl: # Brake Sets (1 set = 1 Axle) 0
Additional Services SubTotal
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: 8671776
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Other Totals
Description (B)illed or (C)apped Price
Pricing Plan Delivery Charge C $ 125.00
Courtesy Delivery Fee C $ 300.00
Total Other Charges Billed $ 0.00
Total Other Charges Capitalized $ 425.00
Other Charges Total $ 425.00
Open-End (Equity) Lease Rate Quote Quote No: 8671776
Printed On 08/09/2025 09:48:10 AM Page 2 of 6

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VEHICLE INFORMATION:
2025 Ford F-150 Lightning Pro All-Wheel Drive SuperCrew Cab 5.5 ft. box 145 in. WB - US Series ID: W1B
Pricing Summary:

INVOICE MSRP
Base Vehicle $45,869 $47,780.00
Total Options $5,540.00 $5,770.00
Destination Charge $2,095.00 $2,095.00
Total Price
SELECTED COLOR:

Exterior: YZ-(0 P) Oxford White
Interior: VS-(0 I) Medium Dark Slate w/Vinyl Bucket Heated Front Seats SELECTED OPTIONS:

CODE DESCRIPTION INVOICE MSRP
110A Equipment Group 110A Standard NC NC
145WB 145" Wheelbase STD STD
153 Front License Plate Bracket NC NC
18D Carbon Black Fixed Extended Running Board Included Included 44L Transmission: Single-Speed Included Included
60S 18" Spare Wheel & Tire $169.00 $175.00
643 Wheels: 18" Alloy Gloss Black Included Included
96W Tough Bed Spray-In Bedliner $571.00 $595.00
99U Engine: Dual eMotor - Extended Range Battery (FLT) $4,800.00 $5,000.00 NONGV GVWR: 8,550 lbs (Fleet) Included Included
PAINT Monotone Paint Application STD STD
STDRD Radio: SiriusXM w/360L Included Included
STDTR Tires: 275/65R18 A/T Included Included
SYNC SYNC 4 w/Enhanced Voice Recognition Included Included V Vinyl Bucket Heated Front Seats Included Included
VS_01 (0 I) Medium Dark Slate w/Vinyl Bucket Heated Front Seats NC NC YZ_01 (0 P) Oxford White NC NC
$53,504.00 $55,645.00
Open-End (Equity) Lease Rate Quote Quote No: 8671776
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CONFIGURED FEATURES:

Body Exterior Features:

Number Of Doors  4
Rear Cargo Door Type:  tailgate
Driver And Passenger Mirror:  power remote heated manual folding side-view door mirrors Running Boards:  running boards
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 Bed Liner:  bed liner
Box Style:  regular
Integrated Storage:  pickup integrated storage
Body Material:  aluminum body material
:  class IV trailering with harness, hitch
Grille:  black grille
Convenience Features:

Air Conditioning  automatic dual-zone front air conditioning Console Ducts:  console ducts
Voice Activated A/C:  voice activated air conditioning
Cruise Control:  cruise control with steering wheel controls Power Windows:  power windows with driver and passenger 1-touch down Remote Keyless Entry:  keyfob (all doors) remote keyless entry Integrated Key Remote:  integrated key/remote
Auto Locking:  auto-locking doors
Passive Entry:  proximity key
Remote Engine Start:  remote start - smart device only (subscription required) Steering Wheel:  steering wheel with manual tilting, manual telescoping Day-Night Rearview Mirror:  day-night rearview mirror
Auto-dimming Rearview Mirror:  auto-dimming rearview mirror Driver and Passenger Vanity Mirror:  driver and passenger-side visor mirrors Emergency SOS:  SYNC 4 911 Assist emergency communication system Navigation System:  Connected Navigation navigation system with voice activation Front Cupholder:  front and rear cupholders
Floor Console:  full floor console with locking box
Overhead Console:  mini overhead console with storage
Glove Box:  locking glove box
Driver Door Bin:  driver and passenger door bins
Rear Door Bins:  rear door bins
Dashboard Storage:  dashboard storage
Interior Concealed Storage:  interior concealed storage IP Storage:  bin instrument-panel storage
Driver Footrest:  driver's footrest
Retained Accessory Power:  retained accessory power
Power Accessory Outlet:  3 12V DC power outlets
AC Power Outlet:  8 120V AC power outlet
Entertainment Features:
radio  SiriusXM with 360L FM/Satellite with seek-scan
Radio Data System:  radio data system
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 4G internet access
1st Row LCD:  2 1st row LCD monitor
Wireless Connectivity:  wireless phone connectivity
Antenna:  fixed antenna
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Lighting, Visibility and Instrumentation Features:

Headlamp Type  delay-off projector beam LED low/high beam headlamps Directionally Adaptive Headlights: directionally adaptive headlights Auto-Dimming Headlights:  Auto High Beam auto high-beam headlights Cab Clearance Lights:  cargo bed light
Front Wipers:  variable intermittent wipers
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:  digital appearance
Compass:  compass
Exterior Temp:  outside-temperature display
Low Tire Pressure Warning:  tire specific low-tire-pressure warning Park Distance Control:  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
Forward Collision Alert:  forward collision
Water Temp Gauge:  water temp. gauge
Clock:  in-radio display clock
Systems Monitor:  driver information centre
Rear Vision Camera:  rear vision camera
Battery Warning:  battery warning
Lights On Warning:  lights-on warning
Key in Ignition Warning:  key-in-ignition 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 Knee Airbag:  knee 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 Rear Child Safety Locks:  rear child safety locks
Security System:  security system
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 5
Front Bucket Seats:  front bucket seats
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Front Heated Cushion:  driver and passenger heated-cushions Front Heated Seatback:  driver and passenger heated-seatbacks Number of Driver Seat Adjustments:  4-way driver and passenger seat adjustments Reclining Driver Seat:  manual reclining driver and passenger seats Driver Fore/Aft:  manual driver and passenger fore/aft adjustment Front Centre Armrest Storage:  front centre armrest
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
Cabback Insulator:  cabback insulator
Shift Knob Trim:  urethane shift knob
Interior Accents:  metal-look interior accents
Cargo Space Trim:  plastic cargo space
Trunk Lid:  plastic trunk lid/rear cargo door
Cargo Tie Downs:  cargo tie-downs
Cargo Light:  cargo light
Concealed Cargo Storage:  concealed cargo storage
Air Compressor:  tire mobility kit
Standard Engine:

Engine 536-hp, (electric)
Standard Transmission:

Transmission  1-speed automatic
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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-250
Series XL 4x4 SD Regular Cab 8 ft. box 142 in. WB SRW
Vehicle Order Type Ordered Term 60 State CA Customer# 481152 $ 77,107.89 Capitalized Price of Vehicle 1
$0.00 * Sales Tax 0.0000%  State CA
$ 120.00 * Initial License Fee
$ 0.00 * Registration Fee
$ 410.00 Other: (See Page 2)
$ 77,516.89 * Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 * Security Deposit
$6,870.22 * 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
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: 8949578
Printed On 06/03/2025 05:58:48 PM Page 1 of 5

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Aftermarket Equipment Total
Description (B)illed or (C)apped Price
Service/Utility - service/Utility - Electrician Set up C $ 28,171.25 Total Aftermarket Equipment Billed $ 0.00
Total Aftermarket Equipment Capitalized $ 28,171.25
Aftermarket Equipment Total $ 28,171.25
Other Totals
Description (B)illed or (C)apped Price
Initial Administration Fee C $ 60.00
Courtesy Delivery Fee C $ 350.00
Total Other Charges Billed $ 0.00
Total Other Charges Capitalized $ 410.00
Other Charges Total $ 410.00
Open-End (Equity) Lease Rate Quote Quote No: 8949578
Printed On 06/03/2025 05:58:48 PM Page 2 of 5

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VEHICLE INFORMATION:
2025 Ford F-250 XL 4x4 SD Regular Cab 8 ft. box 142 in. WB SRW - US Series ID: F2B
Pricing Summary:

INVOICE MSRP
Base Vehicle $45,686 $48,090.00
Total Options $235.00 $255.00
Destination Charge $2,095.00 $2,095.00
Total Price
SELECTED COLOR:

Exterior: Z1-(0 P) Oxford White
Interior: -
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 $160.00 $175.00
44F Transmission: TorqShift-G 10-Speed Automatic Included Included 512 Spare Tire, Wheel, Carrier & Jack $269.00 $295.00
592 LED Roof Clearance Lights $87.00 $95.00
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) $210.00 $230.00
67E 250 Amp Alternator (Gas) $78.00 $85.00
99A Engine: 6.8L 2V DEVCT NA PFI V8 Gas Included Included A HD Vinyl 40/20/40 Split Bench Seat 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
$48,016.00 $50,440.00
Open-End (Equity) Lease Rate Quote Quote No: 8949578
Printed On 06/03/2025 05:58:48 PM Page 3 of 5

Page 581 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:  cab clearance lights
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
Printed On 06/03/2025 05:58:48 PM Page 4 of 5

Page 582 of 688 ends

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
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 06/03/2025 05:58:48 PM Page 5 of 5

Page 583 of 688 ends

Prepared For: City of Colton Date 06/24/2025
Alzammar, Bassam AE/AM ZRJ/KA0
Unit #
Year 2026 Make Ford Model F-350
Series XL 4x4 SD Regular Cab 8 ft. box 142 in. WB SRW
Vehicle Order Type Ordered Term 60 State CA Customer# 481152 $ 59,411.00 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)
$ 5,582.50 * Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 * Security Deposit
$619.72 * 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
$ 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 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: 8995695
Printed On 06/24/2025 02:41:53 PM Page 1 of 5

Page 584 of 688 ends

Aftermarket Equipment Total
Description (B)illed or (C)apped Price
Service/Utility - PR-24-1590 - service body no ladder rack 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 $ 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: 8995695
Printed On 06/24/2025 02:41:53 PM Page 2 of 5

Page 585 of 688 ends

VEHICLE INFORMATION:
2026 Ford F-350 XL 4x4 SD Regular Cab 8 ft. box 142 in. WB SRW - US Series ID: F3B
Pricing Summary:

INVOICE MSRP
Base Vehicle $47,281 $49,770.00
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-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
44F TorqShift-G 10-Speed Automatic Transmission Included Included 610A Order Code 610A NC NC
64F 18" 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 Medium Dark Slate W/HD Vinyl 40/20/40 Split Bench Seat NC NC FCP1 Ford Connectivity Package (1-Year Included) Included Included PAINT Monotone Paint Application STD STD
STDGV 10,900 Lb Payload Package GVWR Included Included
STDRD AM/FM Stereo with MP3 Player Included Included
SYNC4 SYNC 4 Included Included
TCH LT275/65Rx18E BSW A/S 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
$49,686.00 $52,195.00
Open-End (Equity) Lease Rate Quote Quote No: 8995695
Printed On 06/24/2025 02:41:53 PM Page 3 of 5

Page 586 of 688 ends

CONFIGURED FEATURES:

Body Exterior Features:

Number Of Doors  2
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 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
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
Printed On 06/24/2025 02:41:53 PM Page 4 of 5

Page 587 of 688 ends

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 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 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 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 06/24/2025 02:41:53 PM Page 5 of 5

Page 588 of 688 ends

Item: 9.

Staff Report

Meeting Date: September 16, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Charles Berry, Electric Utility Director
Item Name: Power Source Disclosure Report - Approve and Adopt a Resolution Approving the 2024 Annual Power Source Disclosure Report and Attestation of the Veracity of the Annual Report, Resolution No. R-69-25.

Recommended Action:

Staff recommends that the City Council take the following action:

Approve Resolution R-69-25, approving the 2024 Annual Power Source Disclosure Report and Attestation of the Veracity of the Annual Report.

Background:

Senate Bill 1305 (SB 1305) was approved in 1997 to ensure that all retail suppliers of electricity disclose to consumers the sources of energy used to provide the electric service in an accurate, reliable, and simple to understand manner. The SB 1305 Report is commonly referred to as the Power Source Disclosure (PSD) Report. Colton Electric Utility (CEU) submits an annual PSD Report to the California Energy Commission (CEC) by June 1st of each year. The information contained in this report is used to prepare the annual Power Content Label (PCL), which will be posted to the City website by October 1st and mailed to the customers by the end of the year.

Assembly Bill 1110 (AB 1110) was passed in 2016, but the rule-making for this legislation was not completed and effective until 2020, for the reporting year 2019 and forward. AB 1110 added the disclosure of greenhouse gas (GHG) emissions intensity associated with each electricity portfolio. This included changes to the reporting form to disclose the unbundled renewable energy credits (RECs) as a percentage of annual retail sales.

In 2017, the Regulation for PSD reporting was updated, and the changes were effective in October 2016. The changes included a provision that requires utilities to engage a third-party certified public accountant (CPA) to perform an audit to verify the specific purchases, resales, and self-consumption of energy by fuel type. The regulation includes an exemption from the

Page 589 of 688 ends

audit requirement for publicly owned electric utilities (POUs), “if the governing board of directors approves at a public meeting the submission to the California Energy Commission (CEC) of an attestation of the veracity of the annual report.”

Issues/Analysis:

CEU submitted the PSD pursuant to regulatory requirements on June 1, 2025, thereby meeting the statutory regulation to file the report. Pursuant to the regulation, the PSD Report is required to be approved by Colton City Council and distributed to all customers. In addition to bill inserts, the PSD Report will be available via the City's website.

Fiscal Impacts:

There is no financial impact for adoption Resolution R-69-25.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. 2024 PSD Annual Report Final Revision 05-27-2025 Signed

2. PSD Resolution R-69-25

Page 590 of 688 ends

Version: April 2025
Submit the Annual Report and signed Attestation in PDF format with the Excel version of the Annual Report to [email protected]. Remember to complete the Retail Supplier Name and contact information above.

NOTE: Information submitted in this report is not automatically held confidential. If your company wishes the information submitted to be considered confidential an authorized representative must submit an application for confidential designation (CEC- California Energy Commission's website.

If you have questions, contact Power Source Disclosure (PSD) staff at [email protected] or (916) 639-0573.

EMAIL [email protected]

WEBSITE URL

FOR PCL

POSTING
https://www.ci.colton.ca.us/1078/Power-Content-Label
MAILING 150 S. 10th Street
CITY, STATE, ZIP Colton, CA 92324
PHONE (909) 514-4204
TITLE Utilities Planning Manager
2024 POWER SOURCE DISCLOSURE ANNUAL REPORT
For the Year Ending December 31, 2024
Retail suppliers are required to use the posted template and are not allowed to make edits to this format. Please complete all requested information.

GENERAL INSTRUCTIONS

RETAIL SUPPLIER NAME
City of Colton Electric Utility

CONTACT INFORMATION
NAME Kristen Weger

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Annual Data Colton Electric Utility Electricity Portfol Portfolio Totals PCL Data Instructions: Retail Sales 334002

1. Enter the electricity portfolio name in cell O25 and additional electricity portfolio names as needed in cells P25-V25. Total Specified 299438

2. Enter information about all power procurements and retail sales. Insert additional rows as needed. All fields in white should be filled out. Fields in grey auto-populate as needed and should not be filled out. Biomass & Biogas 35567 11%

3. For all specified purchases, enter the facility name, fuel type, state or province, WREGIS ID of REC source, RPS ID of REC source, EIA ID of delivered energy, gross MWhs procured, and specified resales MWhs. Geothermal 138849 42%

4. For firmed-&-shaped procurements specifically, enter all fields from step 3. Additionally, enter the EIA ID of the substitute power in the "EIA ID of delivered energy" field and select "Yes" in the "Firmed-&-Shaped Resource?" field. If the associated GHG emissions are eligible for firmed-&-shaped grandfathering, select "Yes" in the relevant field. Eligible Hydroelectric 0 0%

5. Proxy EIA IDs for unspecified power and specified system mixes from asset-controlling suppliers have been provided. Enter "Unspecified Power", "BPA", or "Tacoma Power" as applicable. Solar 27895 8%

6. Proxy EIA IDs for aggregated reporting of WAPA CVP or PCIA resoures; Enter "CVP", "PCIA Solar", "PCIA Wind", "PCIA Eligible Hydro", or "PCIA Large Hydro" as applicable. Wind 0 0%

7. Procurements of unspecified power must not be entered as line items below; unspecified power will be calculated automatically in the individual electricity portfolio tables to the right after all specified resources have been allocated. Large Hydroelectric 2532 1%

8. Allocate net MWhs procured to each electricity portfolio until the loads are balanced across each portfolio. If the total Net MWhs Procured exceeds the total retail sales of all portfolios, allocate only enough MWh to meet the retail sales of each portfolio. Nuclear 19233 6% Emerging Technologies 0 0%
Other 0 0%
Natural Gas 75362 23%
Coal & Petroleum 0 0%
Unspecified Power - ACS 0
Unspecified Power - Spot Market 34564
Unspecified Power - Total 34564 10%
Over allocation
check ✓ Total PCL GHGs (MT CO2e) 47902.4
Under allocation
check
✓ Emissions intensity (MT CO2e/MWh) 0.143
Coal check ✓ PCL GHG Intensity (lbs CO2e/MWh) 316
Negative
oversupply check
✓ Unbundled REC % 0%
Retail Sales 334002
Unmet Load
34564 0 0 0 0 0 0 0
Colton Electric Utility Electricity Portfolio #1
Facility Name Fuel Type State or
Province

WREGIS ID
of REC
source
RPS ID of
REC
source
EIA ID of
delivered
energy
Gross
MWhs
Procured
Specified
Resales
MWhs
Net MWhs
Procured
Firmed &
Shaped
Resource?
Eligible for Firmed
& Shaped
Grandfathering?
Total EF
(MT
CO2e/MWh)
Total
GHGs
PCL EF
(MT
CO2e/MWh)
Colton Electric
Utility Electricity
Portfolio #1
Electricity Portfolio
#2 Name
Electricity Portfolio
#3 Name
Electricity Portfolio
#4 Name
Electricity Portfolio
#5 Name
Electricity Portfolio
#6 Name
Electricity Portfolio
#7 Name
Electricity Portfolio
#8 Name Remainder/Oversupply Facility Name Fuel Type Net Procurement Annual
PCL
GHGs (MT
CO2e)
Agua Mansa Power Plant Natural Gas CA 55951 9249 437 8812 0.5988 5277 0.5988 8812 Agua Mansa Power Plant Natural Gas 8812 5276.6256 Magnolia Power Plant Natural Gas CA 56046 66550 66550 0.4164 27711 0.4164 66550 Magnolia Power Plant Natural Gas 66550 27711.42 Palo Verde Nuclear Generating StationNuclear AZ 6008 19233 19233 0.0000 0.0000 19233 Palo Verde Nuclear Generating Station Nuclear 19233 0 Hoover Dam Large Hydroelectric NV 154 2532 2532 0.0000 0.0000 2532 Hoover Dam Large Hydroelectric 2532 0 Puente Hills Landfill Biomass & Biogas CA W448 60290A 10472 35567 35567 0.6253 22240 0.0034 35567 Puente Hills Landfill Biomass & Biogas 35567 120.9278 Ormat Casa Diablo IV Geothermal CA W15623 62659A 63490 138849 138849 0.0000 0.0000 138849 Ormat Casa Diablo IV Geothermal 138849 0 Colton Solar 1 Solar CA W4518 62890A 59597 3063 3063 0.0000 0.0000 3063 Colton Solar 1 Solar 3063 0 Colton Solar 2 Solar CA W4498 62877A 59598 1097 1097 0.0000 0.0000 1097 Colton Solar 2 Solar 1097 0 Solar City-Gonzales Center (Tesla) Solar CA W5028 63314A P369 440 440 0.0000 0.0000 440 Solar City-Gonzales Center (Tesla) Solar 440 0 Solar City-Arbor Terrace (Tesla) Solar CA W5031 63286C P370 117 117 0.0000 0.0000 117 Solar City-Arbor Terrace (Tesla) Solar 117 0 Astoria 2 Solar CA W4931 62691A 59977 14803 14803 0.0000 0.0000 14803 Astoria 2 Solar 14803 0 Kingbird B Solar CA W4795 62424A 60091 8375 8375 0.0000 0.0000 8375 Kingbird B Solar 8375 0

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2024 POWER SOURCE DISCLOSURE ANNUAL REPORT

ATTESTATION FORM
For the Year Ending December 31, 2024
(City of Colton Electric Utility)
I, [print name] _Kristen Weger_, [title] _Utilities Planning Manager_, declare under penalty of perjury, that the information provided in this report is true and correct and that I, as an authorized agent of [retail supplier], _City of Colton Electric Utility_, have authority to submit this report on the retail supplier's behalf. I further declare that all of the electricity claimed as specified purchases as shown in this report was sold once and only once to retail customers.

Name: ________Kristen Weger
__________________________________________
Representing (Retail Supplier):___City of Colton Electric Utility ______________ Signature: _____Kristen Weger__________________________________________ Dated: ___________5/27/2025___________________________________________ Executed at: _____Colton, CA 92324_____________________________________

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RESOLUTION NO. R-69-25

A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA
APPROVING 2024 ANNUAL POWER SOURCE DISCLOSURE REPORT, AND

ATTESTATION OF THE VERACITY OF THE ANNUAL REPORT

WHEREAS, Senate Bill 1305 was adopted in 1997, establishing a Power Source Disclosure (PSD) Program that requires retail sellers of electricity to submit an annual PSD report to the California Energy Commission (CEC), and,

WHEREAS, the Colton Electric Utility (CEU) is a retail seller of electricity as defined by the PSD Program, and,

WHEREAS, the PSD Regulation was updated effective on October 31, 2016, requiring an annual audit by an outside certified public accountant of the information in the annual PSD Report, and,

WHEREAS, Assembly Bill 111O (AB 1110), as passed in 2016, amended the regulation for PSD, and the changes effective in 2020 for reporting year 2019 and forward, to include disclosure of greenhouse gas (GHG) emissions intensity associated with each electricity portfolio, and to include changes to the reporting form to disclose the unbundled renewable energy credits (RECs) as a percentage of retail sales, and,

WHEREAS, a publicly owned utility (POU) is exempt from the annual audit requirement If the governing body of the POU approves at a public meeting the submission to CEC of an attestation of the veracity of the annual report, and,

WHEREAS, CEU staff prepared and submitted the 2024 Annual PSD Report to CEC in accordance with the Regulation, and,

WHEREAS, On September 8, 2025, Colton Utilities Commission (UC) recommended that the City Council (CC) approves the submission of the annual report and provides an attestation of the veracity of the annual report.

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

Section 1 The above recitals are true and correct.

Section 2 Approve the submission of the 2024 Annual Power Source Disclosure Report and provide attestation of the veracity of the annual report submitted.

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PASSED, APPROVED AND ADOPTED THIS 16TH DAY OF SEPTEMBER 2025.

__________________________
FRANK J. NAVARRO
Mayor

ATTEST:

__________________________________
ISAAC T. SUCHIL
City Clerk

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Item: 10.

Staff Report

Meeting Date: September 16, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Heidi Duron, Director
Item Name: Contract Award - CASC Engineering & Consulting - Approve Contract with CASC Engineering & Consulting for Planning and Analytics Support.

Recommended Action:

Staff recommends that the City Council take the following action:

Approve Contract with CASC Engineering & Consulting for $74,400 for Planning and Analytics Support in accordance with Municipal Code Section 3.08.140(E).

Background:

On May 20, 2025, City Council approved, and adopted Resolution No. R-29-25, environmental consultants pre-qualified to provide CEQA and NEPA services to the City for a 3-year term. The approval included 22 firms that were deemed qualified under the City's rating criteria. In addition to the provision of environmental services, many of the firms also include contract staff for a variety of development-related services. In addition, the FY25/26 Budget was adopted at the same meeting, which includes a goal to streamline the development process to attract and incentivize business.

Issues/Analysis:

Development Services has identified numerous ways to streamline the development process, including but not limited to: updating permitting processes, enhancing interdepartmental coordination, managing permit system data, documenting standard operating procedures, and supporting performance measurement initiatives. While the Planning and Building Divisions are currently fully staffed, the current workload does not afford staff the time needed to take on these initiatives. In addition, the initiatives are Department and Citywide, necessitating specific experience in process improvement efforts.

The Department reached out to CASC Engineering & Consulting for a quote based on their proposal submitted in response to the RFP issued for the pre-qualified Consultants discussed in

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the background. CASC submitted a quote for six months, in the amount of $74,400, to provide the following services:
• Process Improvement & Streamlining: Leveraging proven methods to identify bottlenecks and implement solutions that enhance permitting efficiency and interdepartmental collaboration.
• Permit System Management & Analytics: Offering practical experience with permit tracking systems, including data management, troubleshooting, and reporting to support informed decision-making.
• Performance Measures & SOP Development: Establishing clear performance metrics and drafting comprehensive procedures to promote consistency, accountability, and transparency.
• Website & Public Information Support: Ensuring public-facing information is accurate, accessible, and responsive to
community needs.

Per Municipal Code Section 3.08.140(E), Development Services used the exception to the competitive bidding process for non-public projects. The purpose of the bidding has otherwise been accomplished through the previous RFP, and it is in the best interest of the City and its administrative process to dispense with public bidding.

Fiscal Impacts:

Sufficient appropriations are available in the adopted FY 25-26 budget in General Fund Planning Professional Services account 100-6300-6301-2350-0000-000.

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. Colton - PSA_CASC_Sept 16 2025

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

CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 16 day of September, 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 ("City") and CASC Engineering and Consulting, Inc., an environmental services firm, with its principal place of business at 1470 E. Cooley Drive, Colton, CA 92324 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

2.2 Project.

City desires to engage Consultant to render such professional consulting services experienced analytical and planning support to assist City staff with improving permitting processes, enhancing interdepartmental coordination, managing permit system data, and supporting performance measurement initiatives ("Project") as set forth in this Agreement.

3. T
ERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from October 1 , 2025 to April 1, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than six months .

Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

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3.2 Fees and Payments.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Seventy- Four Thousand, Four-Hundred Dollars ($74,400.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

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

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

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

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

3.3 Responsibilities of Consultant.

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

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

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

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

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

3.3.5 City's Representative. The City hereby designates Heidi Duron, Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3. 2 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates Michelle E.

Furlong, Operations Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement.

The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling

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necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

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

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

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

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

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

Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related

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to Consultant’s compliance with the requirements provided for in Section 3.3.10 or any of its sub- sections.

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

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

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

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

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

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

3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent

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accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3.11 Insurance.

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

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

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

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employ er’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the 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 Agreement 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 Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.

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3.3.11.3 Professional Liability Consultant shall procure and maintain, and require its sub- consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession.

Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. Defense costs shall be paid in addition to the limits.

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

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

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

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages . Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice

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by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

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

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

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

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

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

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

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

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

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3.3.12 Water Quality Management and Compliance.

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

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

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

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

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

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3.4 Labor Code Requirements.

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

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.

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

3.5 Accounting Records.

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

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from the date of final payment under this Agreement.

3.6 General Provisions.

3.6.1 Termination of Agreement.

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

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

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

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

Consultant: CASC Engineering & Consulting
1470 E. Cooley Dr.

Colton, CA. 92324
ATTN: Michelle E. Furlong, Operations Manager
City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: Heidi Duron, Director
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be

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prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the righ t to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

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

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

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

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such

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materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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

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

3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.5 Indemnification.

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

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

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

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

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

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

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

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

3.6.11 Assignment or Transfer . Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

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

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

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

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

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

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

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

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

3.7 Subcontracting.

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

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SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF COLTON AND FEHR & PEERS
CIT

Y OF COLTON FEHR & PEERS, S CORPORATION
By:
____________________________ By: _________________________ William R. Smith Michelle E. Furlong,
City Manager Operations Manager
Atte
st:

By: _________________________
I
saac T. Suchil
City Clerk
Appr
oved as to Form:
______________________________
B
est Best & Krieger LLP
City Attorney

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EXHIBIT "A"

SCOPE OF SERVICES

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www.cascinc.com
1470 E. Cooley Dr.

Colton, CA 92324
Office: 909.362.7645
May
28, 2025
CIT

Y OF COLTON
Ms. Heidi Duron
Director of Development Services
659 N La Cadena Drive,
Colton, CA 92324
SUBJE
CT: SCOPE OF WORK/ PROPOSAL FOR CONTRACT ANALYST SERVICES Dear
Ms. Duron,
Casc E
ngineering and Consulting, Inc. (C asc), appreciates the opportunity to submit this proposal to provide “part-time analyst services” to the City of Colton Development Services Department. Casc understands that the City is seeking a competent and qualified professional to deliver high -quality planning and analytics support to assist with streamlining permitting processes, enhancing interdepartmental coordination, implementing performance measures, and providing data- driven insights for the City’s Development Services/Planning Division. Casc is a certified SBE firm (Certification No. 1440120), and we are fully prepared to provide reliable, accessible, and responsive remote support to advance the City’s development services objectives efficiently and effectively.

Casc h
as a clear understanding of the City’s priorities and the desired scope of support services. C asc is prepared to provide experienced analytical and planning support to assist City staff with improving permitting processes, enhancing interdepartmental coordination, managing permit system data, and supporting performance measurement initiatives.

Services may include assistance with tracking and reporting on development applications, supporting the preparation of procedural documentation, and contributing to the development of standard operating procedures to improve internal workflows. Additionally, C asc can provide analytical support in reviewing planning -related materials, tracking permit timelines, supporting quarterly fee reporting, and assisting with the preparation of clear, data-driven reports for management and decision-makers. These services are d esigned to augment existing City staff capacity and ensure timely, accurate, and efficient support for the City’s Development Services/Planning Division.

Casc i
s a leader in providing planning and analytical support services to cities and counties throughout Southern California.

Our team brings extensive experience in land use planning, process improvement, and environmental planning support, which positions us well to assist the City of Colton’s Development Services Department. C asc’s approach is to leverage our deep understanding of municipal operations, including General Plan implementation, Zoning Ordinance interpretation, and Municipal Code requirements, while working closely with City staff to streamline permitting workflows, enhance reporting and analytics, and support the City’s overall development review process. Our goal is to augment the City’s staff capacity by delivering reliable, data -driven insights and procedural support that contribute to more efficient and effective service delivery.

The s
cope of services proposed aligns directly with the City’s needs to enhance the building permit process, streamline internal workflows, and strengthen performance tracking and reporting capabilities. Our background includes hands -on management of permitting systems, preparation of regulatory reports, and development of standard operating procedures— all of which will provide immediate value to the Development Services Department.

Key
areas where Casc can contribute include:
• Proce
ss Improvement & Streamlining: Leveraging proven methods to identify bottlenecks and implement solutions that enhance permitting efficiency and interdepartmental collaboration. • Permit System Management & Analytics: Offering practical experience with permit tracking systems, including data management, troubleshooting, and reporting to support informed decision-making. • Performance Measures & SOP Development: Establishing clear performance metrics and drafting comprehensive procedures to promote consistency, accountability, and transparency.

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www.cascinc.com
1470 E. Cooley Dr.

Colton, CA 92324
Office: 909.362.7645
• Web
site & Public Information Support: Ensuring public-facing information is accurate, accessible, and responsive to community needs.

With
a collaborative approach and strong project management skills, C asc is committed to supporting the Development Services Department with reliable, high -quality work within the 20 -hour per week contract framework as needed . Our experience working with municipal agencies has given a deep understanding of the importance of clear communication, regulatory compliance, and excellent customer service in public sector operations.

We we
lcome the opportunity to contribute to the City of Colton’s mission. If you have any questions our Director of Planning, Mr. Frank Coyle may be reached by phone at (909) 362-7645 or by email at [email protected].

Thank
you for your consideration.

Best
regards,
CASC

ENGINEERING & CONSULTING
Miche
lle E. Furlong
Operations Manager (Authority to bind)
855-383-0101
[email protected]

CASC ENGINEERING & CONSULTING
Fran
k Coyle
Director of Planning
909-362-7645
[email protected]

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www.cascinc.com

CITY OF COLTON

CONTRACT ANALYST SERVICES

SCOPE OF WORK

CONTRACT ANALYST SERVICES
CITY OF COLTON — DEVELOPMENT SERVICES DEPARTMENT
This scope of work is based on our understanding of the City’s objectives for the Contract Analyst Position, as we ll as the available resources. The Casc Team recognizes that the work program and schedule may be refined, and we are committed to tailoring our approach to best meet the needs of the City and community.

POSI
TION SUMMARY:

The Analyst will provide part -tim e (20 hours/week , for 6 months ), professional support to the Development Services Department, focusing on process improvements, data management, and operational support for permitting functions. This role is essential to enhance efficiency, transparency, and customer service in the City’s building permit processes and related functions and promote economic development through improved service delivery.

KEY
RESPONSIBILITIES:

1. Process Improvement & Streamlining
o Analyze and recommend improvements to the building permit process to enhance efficiency and customer experience.
o Identify opportunities for streamlining workflows within and between departments. o Coordinate with internal departments to align processes and reduce redundancies.

2. Permit System Management & Support
o Manage and support the permitting system, including user support, data quality control, and system enhancements.
o Assist in system troubleshooting and recommend upgrades or adjustments to optimize functionality.

3. Reporting & Analytics
o Prepare and submit quarterly fee reports and other regulatory reports as required. o Track permit timelines and generate performance dashboards to monitor processing benchmarks. o Provide analytics support to inform decision-making and performance evaluations.

4. Performance Measures & Standard Operating Procedures o Assist in the development and implementation of performance measures to evaluate department effectiveness. o Draft and maintain standard operating procedures (SOPs) to ensure consistency and compliance.

5. Interdepartmental Coordination
o Facilitate communication and coordination across Development Services and other departments involved in the permitting process.
o Support cross-departmental initiatives to improve permitting and development review processes.

6. Website & Public Information Support
o Support updates and maintenance of permitting and development-related content on the City’s website. o Ensure that information is clear, accurate, and accessible to the public and stakeholders.

7. General Administrative & Project Support
o Provide project management assistance for special initiatives as needed. o Perform other administrative tasks and support services related to permitting and development services operations.

QUAL
IFICATIONS & EXPERTISE:
• Extensive experience in municipal permitting processes, land use, and planning services. • Strong skills in process improvement, inter-departmental coordination, and systems management. • Proficient in data analysis, reporting, and performance measure development. • Skilled in preparing clear and effective standard operating procedures and public-facing materials. • Experience supporting website content and customer service in a government setting. • Excellent communication, project management, and organizational skills.

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EXHIBITS "B & C"

SCHEDULE OF SERVICES

AND RATES

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www.cascinc.com

CITY OF COLTON

CONTRACT ANALYST SERVICES

RATE SHEET

CONTRACT ANALYSIS SERVICES
Pro
posed Hourly Rate: $155/hr
Proposed Monthly Cost (based on 80 hrs/month): $12,400
Total for 6-month contract: $74,400
Billing Frequency: Monthly (Net 30 terms)
No
tes:
• Hours listed are estimates and may be adjusted based on project priorities in consultation with City staff. • Services will not exceed the agreed-upon total hours per month without prior written approval. • All work will be invoiced monthly with a detailed breakdown of tasks and hours.

SERVICE DESCRIPTION HOURLY
RATE

ESTIMATED

WEEKLY HOURS

ESTIMATED

MONTHLY
HOURS

ESTIMATED

MONTHLY COST
Process Improvement &
Streamlining
$155 5 20 $3,100.00
Permit System Management &
Support
$155 5 20 $3,100.00
Reporting & Analytics Support $155 4 16 $2,480.00
SOP Development & Performance
Measure Implementation
$155 3 12 $1,860.00
Website & Public Information
Support
$155 3 12 $1,860.00
TOTAL (20 hrs/week, as needed): - 20 hrs 80 hrs $12,400.00

Page 619 of 688 ends

Item: 11.

Staff Report

Meeting Date: September 16, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Heidi Duron, Director
Item Name: Contract Award - Fehr & Peers - Approve Contract with Fehr & Peers for a Minor Mobility Element Amendment and Truck Route Master Plan Update and Associated Environmental Review.

Recommended Action:

Staff recommends that the City Council take the following action:

Approve Contract with Fehr & Peers for a Minor Mobility Element Amendment and Truck Route Master Plan Update and associated environmental review for $108,785.00; and authorize City Manager to execute the agreement.

Background:

On September 29, 2024, Governor Gavin Newsom signed Assembly Bill 98 into law prescribing an amendment to the City of Colton's 2013 Mobility Element. The City will need to identify and establish specific travel routes for the transport of goods, materials, or freight for storage, transfer, or redistribution to safely accommodate additional truck traffic and avoid residential areas and concentrations of sensitive receptors, including, but not limited to, hospitals, schools, daycare facilities, elderly housing, residential uses, and convalescent facilities. The new legislation also requires a city to establish specific standards for truck routes, including posting of signage identifying truck routes, additional signage for truck parking and appropriate idling facility locations.

The bill also authorizes the Attorney General to enforce the new law, including the imposition of a fine of up to $50,000 every six-months if the required updates have not been made by local cities and counties.

Planning has added this as another priority project with short timelines to the list of long-range planning efforts to comply with newly adopted legislation such as AB 98.

Issues/Analysis:

On July 24, 2025, City staff issued a Request for Proposal (RFP) for preparation of an Amendment to the City's 2013 Mobility Element and 2016 Truck Route Master Plan for implementation of AB 98 legislation signed by the

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Governor in September 2024. The Planning Division sent out approximately 24 invitations to qualified planning firms with a closing date of August 19, 2025. Most of the firms were from the City's Pre-Qualified Environmental Firm list because most of the firms also provide general planning services ranging from contract planning, urban design, traffic and circulation reviews, and other long-range plan making. The City received proposals from six (6) professional consulting firms.

On August 19, 2025, the Planning Division received a total of six responses from qualified firms. The City review committee included Assistant Director and Director staff members from Public Works and Utility Services, two senior and management members from the Planning Division and Development Services Director. The RFP submittals were reviewed and evaluated on the following criteria:

1. Mandatory Elements of RFP Requirements

2. Experience and Project Performance

3. Key Personnel

4. Work Plan

5. Cost Competitiveness

6. Location of firm and familiarity with City

The final ranking of the rating based on criteria is as follows:

FIRM CASC Chambers
Group
Fehr and
Peers
Interwest Kimley-Horn WEBB
Cost $21,355 $162,670 $108,785 $259,190 $117,643 $49,990 Final Placement in Ranking 3 4 1 5 2 4

Staff recommends the award of the professional services agreement contract to Fehr & Peers as the most qualified consultant for the preparation of Amendments to 2013 Mobility Element, an update to the 2016 Truck Route Master Plan and preparation of California Environmental Quality Act documents project for $108,785.

Fehr & Peers' experience with SBCTA (San Bernardino County Transportation Authority) for the preparation of tools for AB 98 to be used by San Bernardino County cities provides this firm with the background and resources to quickly gather data and prepare necessary documents for the January 2026 deadline. This firm also has the staff depth and knowledge to meet the City's objectives. The City has completed many other changes to the Zoning Code, adopting various codes for general warehouses, logistics warehouse/distribution and adoption of the 2016 Truck Route Plan, which will help with the preparation of the Amendments to City Policy and other Codes. City Staff has already begun the required 90-day tribal consultation review on August 5, 2025, and closes on November 6, 2025. The Professional Service Agreement is attached as Attachment 1.

Fiscal Impacts:

Sufficient appropriations for this contract are available in the adopted FY 25-26 budget in General Fund Planning Professional Services Account Number 100-6300-6301-2350-0000-000.

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Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. Attachment 1- PSA_Fehr and Peers_Sept 16 2025

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

CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 16 day of September, 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 ("City") and Fehr & Peers, an S Corporation with parent company Jolene Hayes, AICP, with its principal place of business at 3880 Lemon Street, Suite 420, Riverside, California 92501 ("Consultant").

City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

2.2 Project.

City desires to engage Consultant to render such professional traffic and urban and regional planning consulting services for the Amendment of 2013 Mobility Element, 2016 Truck Route Master Plan and other miscellaneous documents not yet identified project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from September 19, 2025 to April 19, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than six months.

Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

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(BB&K 2018)
23152.06000\30453088.2 Exhibit “B”-2

3.2 Fees and Payments.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred and Eight Thousand, Seven-Hundred and Eighty-Five Dollars ($108,785.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

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

3.2.4 Extra Work. At any time during the term of this Agreement, City may request, with Consultant approval, that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

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

3.3 Responsibilities of Consultant.

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

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

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(BB&K 2018)
23152.06000\30453088.2 Exhibit “B”-3

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

3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the standard of care as described in Section 3.3.8 of this Agreement.

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

3.3.5 City's Representative. The City hereby designates Heidi Duron, Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.2 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

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

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

3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in accordance with the skill, care, and diligence ordinarily exercised by professionals performing similar services in the same or similar locale and under the same or similar circumstances to that of Consultant under this agreement. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services.

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(BB&K 2018)
23152.06000\30453088.2 Exhibit “B”-4

Consultant represents that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

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

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

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

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

Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related

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(BB&K 2018)
23152.06000\30453088.2 Exhibit “B”-5

to Consultant’s compliance with the requirements provided for in Section 3.3.10 or any of its sub- sections.

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

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

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

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

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

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

3.3.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent

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(BB&K 2018)
23152.06000\30453088.2 Exhibit “B”-6

accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3.11 Insurance.

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

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

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

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the 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 Agreement 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 Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.

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(BB&K 2018)
23152.06000\30453088.2 Exhibit “B”-7

3.3.11.3 Professional Liability Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession.

Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. Defense costs shall be paid in addition to the limits.

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

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

Notwithstanding the minimum limits set forth in Section 3.3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.4(B). (C) Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice

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(BB&K 2018)
23152.06000\30453088.2 Exhibit “B”-8

by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

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

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

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

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

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

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

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

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

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3.3.12 Water Quality Management and Compliance.

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

3.3.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.

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

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

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

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3.4 Labor Code Requirements.

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

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.

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

3.5 Accounting Records.

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

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from the date of final payment under this Agreement.

3.6 General Provisions.

3.6.1 Termination of Agreement.

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

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

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

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

Consultant: Fehr & Peers
388 Lemon Street
Riverside, CA. 92501
ATTN: Jolene Hayes, AICP, Principal
City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: Heidi Duron, Director and Mario Suarez, Planning Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data

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magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

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

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

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

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in

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connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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

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

3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.5 Indemnification.

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

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

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

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

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

3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement. However, notwithstanding the foregoing, Consultant shall not be liable or responsible for delays in the performance of its services due to circumstances beyond the reasonable control of Consultant.

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

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

3.6.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

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

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

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

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contractual rights by custom, estoppel, or otherwise.

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

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

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

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

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

3.7 Subcontracting.

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

[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF COLTON AND FEHR & PEERS

CITY OF COLTON FEHR & PEERS, S CORPORATION

By: ____________________________ By: _________________________ William R. Smith Jolene Hayes, AICP,
City Manager Principle

Attest:

By: _________________________
Isaac T. Suchil
City Clerk

Approved as to Form:

______________________________
Best Best & Krieger LLP
City Attorney

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EXHIBIT "A"

SCOPE OF SERVICES
Fehr & Peers
Project Understanding and Approach
The following is Fehr & Peers and Meridan Consultants’ project understanding and approach to prepare and process an amendment to the City of Colton’s (City) Mobility Element to ensure compliance with California Assembly Bill 98 (AB 98) – Warehouse Standards (2024). We understand that the state legislature enacted AB 98, requiring that all cities and counties in the named “Warehouse Concentration Region” update their Circulation Element to include truck routes, as specified in Government Code Section 65302.02. Consequently, this requires the City to evaluate and update its 2013 Mobility Element to include truck route designations that minimize adverse impacts to sensitive receptors, while providing truck access to truck-served facilities consistent with State and federal regulations. The bill requires consideration of environmental justice principles, air quality impacts, noise pollution, and community health outcomes when designating truck routes.

Fehr & Peers is currently working on a Countywide effort for San Bernardino County Transportation Authority (SBCTA) that is creating a framework for all San Bernardino County agencies (including City of Colton) to become compliant with AB 98.

This effort is already conducting:
• Documentation of existing truck route regulations, including a comprehensive list of statewide, regional, and local policies, regulations, and legislation
• A truck route analysis of existing truck travel patterns based on:
o Existing designated truck routes that have been compiled into a GIS file that covers all SBCTA and WRCOG member agencies
o Truck routing characteristics of truck travel patterns through both counties, including Colton, using Geotab (truck GPS data)
o Completion of a truck route designation matrix that considers factors, such as site access requirements to freight-generators, truck travel patterns, proximity of sensitive receptors, physical roadway design, and bicycle and pedestrian activity
• Provided recommendations for the CEQA analysis associated with updating general plan circulation elements to incorporate truck routes.
• We are scheduled to provide an update on project progress to the SBCTA TTAC and PDT committees on August 25 and August 27, 2025.

The proposed Project Manager, Jolene Hayes, is currently leading the SBCTA effort with support from the proposed Technical Advisor on this project, Jason Pack. Ms. Hayes will lead all project meetings and tasks for Fehr & Peers, with support from Fehr & Peers staff. The results of this on-going effort will allow us to assist the City with meeting the January 1, 2026 deadline.

The City adopted the current Mobility Element, as part of its General Plan Update, on August 20, 2013 per Resolution R-61-13. To bring the Mobility Element into compliance with AB 98 a Minor Amendment to the City’s General Plan must be completed prior to January 1, 2026. A General Plan Amendment is considered a “Project” under the CEQA Guidelines Section 15060 and 15061 and is therefore subject to review under CEQA. Meridian will prepare the environmental documentation necessary to ensure that the Minor Amendment to the General Plan and Mobility Element Update, is approved by the City Council, on or before this date.

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An Environmental Impact Report (EIR) was prepared and certified by City Council and the General Plan Update was adopted in 2013. Meridian Consultants will prepare a comprehensive Addendum, to the 2013 General Plan EIR, to support the approval of the City’s Minor General Plan Amendment and Mobility Element Update necessary to achieve AB 98 compliance by January 1, 2026.

Adjustments to existing truck routes may result in the redistribution of trucks, which may require the analysis of air quality, greenhouse gas emissions, noise, and vibration. The intent of AB 98 is to designate truck routes on roadways without sensitive receptors, therefore, the analysis of Project Area conditions that includes two separate conditions (the with, and without Project), and the potential resulting redistribution of truck trips based upon the updated Mobility Element, Meridian anticipates that an Addendum is the most efficient, timely, and legally defensible environmental document to support the City’s Project. Pursuant to CEQA Guidelines Section 15164(c), an addendum need not be circulated for public review but can be included in or attached to the final EIR.

Therefore, the City avoids any additional C QA Public Comment Period, as is required for an Initial Study / Mitigated Negative Declaration (IS/MND) or a Supplement / Subsequent EIR, which is 30 and 45-days, respectively.

As such, preparing an Addendum contributes to the streamlining efforts the City desires.

To assist the City Project Team in gaining approval of the proposed Mobility Element, a Principal with Meridian Consultants, Adam Rush, AICP, will manage all of Meridian's work efforts on this Project to ensure the intended timeframes and overall schedule is achieved. In this role, Mr. Rush will be working closely with Fehr & Peers and serve as the primary contact for all CEQA-related matters (e.g., the EIR Addendum, Air, GHG, Noise, and Vibration Studies), except for the Traffic, Transportation, and Circulation related studies and analysis, which will be managed by Fehr & Peers.

Mr. Rush will participate in necessary meetings with City Staff and attend both Planning Commission and City Council public hearings for this Project. Meridian’s Managing Partner, Mr. Tony Locacciato, AICP, will provide general oversight and guidance of Meridian’s Project Team and coordinate with City staff as necessary to ensure timely progress and completion of this Amendment and Mobility Element. In addition to Messrs. Rush and Locacciato, Meridian will also include Technical Analysts, Environmental Scientists, Project Planners and a dedicated QA/QC, editing and publications division to ensure all submitted documents are without errors, further streamlining the City’s review process.

Scope of Work
Task 1. Assessment

Fehr & Peers will use the AB 98 implementation tools developed by SBCTA for member agencies to study and prepare a detailed review of the 2013 Mobility Element (including amendments) and Municipal Code, focusing on AB 98 compliance. This will include a review of existing truck routes and existing and proposed land uses. The land use review will focus on truck generating land uses (including “logistics uses” as defined by AB 98 and industrial zoning) and sensitive receptors (such as residential zoning, parks and schools). Fehr & Peers will also summarize Mobility Element goals and policies related to freight and document initial opportunities for updates. We will use the municipal code checklist that we recently developed for SBCTA member agencies to identify updates to the City’s Municipal Code that are required to comply with AB 98.

Deliverables
• A memorandum summarizing the mapping and document review

Task 2. Truck Route Analysis and Planning
Fehr & Peers will evaluate truck routing pursuant to AB 98 requirements for designating truck routes throughout the City. The analysis will consider existing and planned “logistics uses” as defined in AB 98 to ensure they are

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accessible by a truck route. Truck routes will also be assessed pursuant to AB 98 requirements, such as avoiding routes that pass by sensitive receptors. Interjurisdictional truck access will also be considered.

Fehr & Peers will utilize recent truck data collected for the SBCTA AB 98 study to view truck trip patterns throughout the City. This information will be useful for comparing existing truck routes with truck activity. It is important to understand that the Geotab data is sample data that represents as much as 25 percent of trucks traveling on major interstates and highways, and as few as one (1) percent of trucks operating on local roadways.

The data is useful for understanding where to collect vehicle classification counts, which will be necessary to estimate the volume of trucks, particularly on corridors where new truck routes are being considered, or conversely, on roadways where truck route designations are being removed (and potentially truck prohibitions are being implemented). The truck volumes will be needed to support the noise and air quality analyses for the CEQA addendum.

Next, we will assess the compatibility of land uses and zoning along the existing truck routes. The definition in AB 98 for sensitive receptors is slightly different than in other sections of State law. We will map the sensitive receptors as defined by AB 98 and work closely with the City to identify routes that avoid sensitive receptors to the extent feasible. As part of this exercise, we will also assess roadway design compatibility for accommodating trucks, such as pavement type and thickness, lane widths, intersection turning radii, and facilities, such as bike lanes, sidewalks, and transit stops, that serve other modes.

Understanding truck access needs and overall truck patterns is also important for coordinating with neighboring jurisdictions, such as the Cities of Rialto, San Bernardino, Loma Linda, and Communities of Bloomington and Highgrove on truck route designations, signage, and GIS mapping. We will leverage the information we are collecting in Bloomington and Highgrove for the San Bernardino County AB 98 effort, and we will facilitate meetings between the agencies to coordinate truck routing decisions. Without a coordinated effort, truck routes cannot be enforced by police so it is critical that agencies work together.

This information will be used to identify potential changes to truck routes. Alternative truck routes will be analyzed using the same information.

Deliverables
• Draft truck route alternatives and recommendations
• Existing and proposed truck routes in GIS (compatible with the City of Colton’s existing GIS system)

Task 3. Mobility Element Update

Fehr & Peers will prepare a set of truck route recommendations. Fehr & Peers will prepare proposed truck route maps and findings to share with adjacent cities that would be affected by the truck route changes. The recommendations will:

• Identify and establish specific travel routes for the transport of goods, materials, or freight for storage, transfer, or redistribution to safely accommodate additional truck traffic and avoid residential areas and sensitive receptors; • Maximize the use of interstate or state divided highways as preferred routes for truck routes. Maximize the use of arterial roads, major thoroughfares, and predominantly commercially oriented local streets when state or interstate highways are not utilized;
• Ensure that truck routes comply with the following:
o Major or minor collector streets and roads that predominantly serve commercially oriented uses must be used for truck routes only when strictly necessary to reach existing industrial zones; o Trucks must be routed via transportation arteries that minimize exposure to sensitive receptors; and o On and after January 1, 2028 (except for agencies in the Warehouse Concentration Region, which must comply by January 1, 2026), all proposed development of a logistics use development must be accessible via arterial roads, major thoroughfares, or roads the predominantly serve commercially oriented uses. For

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purposes of the mobility element, local roads shall be considered to predominantly serve commercial uses if more the 50 percent of the properties fronting the road within 1,000 feet are designated for commercial or industrial use according to the local zoning ordinance

Fehr & Peers will prepare required updates to the Mobility Element maps, narrative section, and goals and policies for the element to be compliant with AB 98.

This scope of work includes 12 hours for meetings and discussions with other agencies, such as adjacent cities, SBCTA, and Caltrans. Pursuant to AB 98, the proposed truck route changes will be shared at public hearings. Our budget includes an additional 12 hours for presenting the proposed truck routes at a Planning Commission hearing and a City Council hearing.

Deliverables

• Final truck route recommendations Memorandum
• Draft Planning Commission and City Council staff reports (to be finalized by City Staff) • Presentations to Planning Commission and City Council • Mobility Element Map updates in GIS

Task 4. Environmental Review

Meridian Consultants will lead the CEQA documentation and submittal of all required documents. The proposed scope of work includes impact analyses associated with altering existing truck routes, such as air quality, greenhouse gas emissions, noise and vibrations. Should the changes to the City’s designated truck routes result in no shifts in truck traffic patterns, or move trucks away from sensitive receptors, the air quality, noise and vibration modeling may not be needed, which could result in a fee reduction of up to $10,000. However, we will not know whether or not these technical CEQA analyses will be needed until the truck route designations have been selected.

Task 4.1. Project Description

Meridian Consultants will coordinate with the City’s Project Team to define the Minor General Plan Amendment and Mobility Element Update prepared for AB 98 compliance (Project) and develop a complete Project Description for the Addendum to the 2013 General Plan EIR. This task will describe the changes made to the 2013 Mobility Element, include the Citywide 2016 Truck Route Master Plan and the Amendment’s proposed changes to the 2013 General Plan. This task will also include the preparation of a reference matrix that details the applicable General Plan and Mobility Element Policies, Figures, Tables, and Text that will be modified, stricken, or replaced. This reference matrix will identify the 2013 versions and its corresponding version, resulting from the Project.

Task 4.2. Prepare Technical Studies

Meridian Consultants will prepare Air Quality and Greenhouse Gas (AQ/GHG), Noise / Vibration, and Energy studies to support preparation of the Addendum to the 2013 General Plan EIR as described below:

Task 4.2.1. Air Quality and Greenhouse Gas Study
If the truck routes changes result in shifts in truck traffic result in an increase of VMT or to roadways with sensitive receptors, Meridian Consultants will prepare an Air Quality and Greenhouse Gas (AQ/GHG) study, in accordance with guidance from the South Coast Air Quality Management District (SCAQMD), to evaluate emissions of Criteria Air Pollutants (CAPs) that will be generated by adjustments to truck routes. The AQ/GHG study will compare the emissions, specifically focusing on Particulate Matter (PM), at both the 2.5 and 10 microgram (mg) level, generated by truck trips and idling of trucks allowed by the 2013 General Plan, with the emissions generated by the truck

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trips/redistribution, and truck idling, anticipated by the Project.

The increase in VMT will be used as an input to the Air Quality study model, California Emissions Estimator Model (CalEEMod), developed by the California Air Pollution Control Officers Association (CAPCOA), to quantify estimated atmospheric emissions of CAPs based on Project-specific information pertaining to the generation and distribution of truck trips resulting from the changes to the Mobility Element and updated truck routing plan. The quantified estimate would be consistent with the results of both the Traffic Impact Analysis (TIA) and Vehicle Miles Traveled (VMT) Assessment for the Project’s cumulative traffic. Meridian will determine whether the estimated emissions of Criteria Area Pollutants will result in any new or substantially more significant air quality impacts than those identified in the 2013 General Plan EIR and Mobility Element. Additionally, the Air Quality study will evaluate consistency with the City’s 2015 Climate Action Plan, the City’s Sustainability goals and policies, and the SCAQMD Air Quality Management Plan (AQMP) will also be assessed.

Since the 2013 General Plan EIR was certified prior to the City’s 2015 Climate Action Plan, the AQ/GHG study will determine if GHG emissions conflict with any Climate Action Plan thresholds of significance. Meridian Consultants will develop an approach to analyzing GHG emissions with City staff prior to commencing the study. GHG emission estimates will be prepared for the operational impacts associated with truck trips and truck idling currently allowed by the General Plan as compared to the same anticipated by the Project. The conclusion on the significance of the Project’s GHG impacts will be based on the difference in these emission estimates.

Task 4.2.2. Noise and Vibration Study

If shifts in truck traffic will move to roadways with sensitive receptors, Meridian Consultants will prepare a Noise and Vibration study that analyzes the Project-related operational truck route traffic noise impacts utilizing the Federal Highway Administration’s (FHWA) Traffic Noise Model (TNM). The TNM is the current Caltrans standard computer noise model for traffic noise studies. This model allows for the input of roadway, noise receivers, sound barriers, noise and vibration from tractortrailer vehicles generated by engine vibrations, the interaction between tires and the road, and the exhaust systems. This model also incorporates various parameters, including traffic volumes, vehicle mix, vehicle speed, and roadway geometry to compute typical equivalent noise levels during daytime, evening, and nighttime hours. Meridian will perform short-term (15-minute) noise measurements to determine the surrounding area's ambient noise levels. These levels will be used to analyze potential construction- related noise impacts. Noise impacts would be determined by comparing the Project’s predicted noise level with that of the existing ambient noise levels along the adjusted truck routes, locations for truck idling, and redistribution of truck trips. On-site point-source impacts would be evaluated by (1) identifying the noise levels generated from the adjusted truck routes, resulting from the Project, and (2) calculating the noise level from each mobile noise source determined from identified “sensitive receptors”(as defined) at the property line location, and (3) comparing such noise levels to ambient noise levels to determine significance.

Meridian will utilize the TIA and VMT Assessment to obtain the Average Daily Traffic (ADT) volumes for the Project Area. The resultant noise levels are weighed and summed over 24-hour periods to determine the Ldn value. Ldn contours are derived through a series of computerized iterations to isolate the 60, 65, and 70 dBA Ldn contours for traffic noise levels.

Ground-borne vibration impacts from Project operational activities will be evaluated by identifying potential vibration sources, as described above, if needed to address shifts in truck traffic patterns. The City currently does not have any adopted standards, guidelines, or thresholds relative to ground-borne vibration. Chapter 18.04.403, of the City’s Municipal Code, provides general guidance on operation noise impacts as it pertains to sensitive receptors, which is a required analysis under AB 98. As such, available guidelines from the Federal Transit Authority (FTA) will be considered to assess impacts due to ground-borne vibration.

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Task 4.2.3. Energy Study

If truck VMT is projected to increase due to changes in the truck routes, the operational energy demands will include an assessment of transportation fuel consumption and facility energy demands (electricity and natural gas). The energy analysis will also include a consistency analysis with applicable renewable energy and energy efficiency plans, as described in the City’s 2015 Climate Action Plan and Sustainability goals. The City of Colton owns and operates their own public electric utility. This energy analysis will evaluate the Project’s consistency with the goals and regulations promulgated by the City’s electric utility.

Task 4.2.4. Transportation Study

Fehr & Peers’ experience with AB 98 implementation typically does not result in significant changes to truck routes, travel patterns, Generally, the shifts in trucks tend to be minor and the overall change in Vehicle Miles of Travel (VMT) has not been found to result in a significant impact. We anticipate using a combination of traffic modeling data (using the County of San Bernardino’s Travel Demand Forecasting Model (SBTAM+), which is consistent with Connect Socal 2024, the Southern California Association of Governments (SCAG) Regional Transportation Plan and Sustainable Communities Strategy), Big Data (such as Streetlight and/or Geotab data), and off-model traffic assignment to quantify changes in VMT to disclose in the addendum.

Task 4.3. Prepare Draft EIR Addendum for City’s Review

Meridian Consultants will prepare an Addendum to the 2013 General Plan EIR that contains all information required by the CEQA Guidelines as well as sufficient information on the background and history of the Project to make the Addendum an easy to understand and useful document. This Addendum will provide a comparative analysis of the environmental effects of the 2013 General Plan EIR and Mobility Element compared with the proposed Minor General Plan Amendment and Mobility Element Update.

Section 15164 of the CEQA Guidelines states that an Addendum to an EIR may be prepared when the changes to the Project, or the circumstances under which the Project will occur, will not result in any new significant impacts or any substantial increase in the severity of the significant impacts identified in the previous EIR. When an Addendum is prepared, the CEQA Guidelines require a brief explanation of the basis for the decision not to prepare a Supplemental or Subsequent EIR, that is supported by substantial evidence. This analysis will be included in the environmental document.

The Addendum will be prepared in a format structured to provide the substantial evidence needed to demonstrate that the Addendum is the proper form of environmental document, while providing an easy to read document.

The Addendum will be organized and formatted to match the City’s preferred format, and consistent with the City’s rules to implement CEQA (as applicable).

The Addendum will include an Introduction section that presents a summary of CEQA requirements for environmental review of a project after an EIR has been prepared and certified, the history of the planning and environmental review of the 2013 General Plan and the current status of Minor General Plan Amendment and Mobility Element Update.

The Project Description, developed as part of Task 1, will be incorporated into the Addendum. The environmental analysis section will include separate subsections for each environmental topic addressed in the original 2013 General Plan EIR. A summary of the information and conclusions of the analysis in the EIR will be presented first for each topic to provide a basis for comparison with the proposed Minor General Plan Amendment and Mobility Element Update. New information reflecting changes in existing conditions will be provided along with analysis of the environmental impacts of the entire Project. For each topic, a conclusion will be made on whether the current proposal would result in any new significant impacts or a substantial increase in the severity of the impacts previously identified. In addition to analysis of Project impacts, updated analysis of potential cumulative impacts

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will be provided. The mitigation measures identified in the EIR will also be presented along with a discussion and identification of any suggested revisions to these mitigation measures.

This format will provide the substantial evidence required by the CEQA Guidelines to support the preparation of an Addendum on a topic-by-topic basis. Only minor updates will be required for several topics addressed in the original EIR including Agriculture & Forest Resources, Biological and Cultural Resources, Geology/Soils, Hydrology/Water Quality, Tribal Cultural Resources, and Wildfire because the Project does not propose any construction and impacts to these resources do not specifically pertain to the Mobility Element.

Topics that will require more detailed analysis of the potential effects of the proposed changes in the Minor General Plan Amendment and Mobility Element Update include: Aesthetics, Air Quality, Energy, Greenhouse Gas Emissions, Hazards & Hazardous Materials, Land Use & Planning, Noise, Population/Housing, Public Services:
(Public Schools, Fire & Police Protection, Parks & Recreation, Solid Waste Collection & Disposal, and Library Services), Public Utilities (Water, Wastewater, Stormwater, Natural Gas, Electric, Telecom), and Traffic/Transportation/Circulation.

Meridian will incorporate new and updated information, provided by the City’s Project Team, in the Addendum. In addition, Meridian will incorporate information from the prepared Air Quality / Greenhouse Gas and Noise / Vibration Studies, prepared under Task 2, into the Addendum. In conjunction with with Fehr & Peers, a methodology for addressing Vehicle Miles Traveled (VMT) impacts will be developed, in accordance with Section 15064.3 of the CEQA Guidelines. The 2013 General Plan does not include a VMT analysis as SB 743 was not in effect until 2020. Therefore, the Addendum will utilize this VMT methodology to serve as the baseline for determining transportation impacts resulting from the updated Truck Routing Plan.

The County's San Bernardino Transportation Analysis Model (SBTAM) transportation model will be used to prepare VMT estimates for the truck trip generation analyzed under the 2013 General Plan EIR and compared to the trip generation anticipated by the changes to the Truck Route Plan, resulting from the Minor General Plan Amendment and Mobility Element Update. The conclusion on the significance of the VMT impacts resulting from the updated Mobility Element will be based on the difference in the VMT between the 2013 Mobility Element and the Project.

Meridian will prepare and submit the Draft EIR Addendum for review by City staff. Following this review by the City, Meridian Consultants will revise the Addendum in response to comments from City staff and prepare an updated Draft Addendum for City staff to accept as complete and adequate to support the Project.

Task 4.4. Prepare Final EIR Addendum

After the Addendum is accepted and deemed complete by City staff, Meridian will finalize the Addendum with all edits incorporated and prepare the Final Addendum for publication along with the Minor General Plan Amendment, the updated Mobility Element, and the reconfigured Truck Route Master Plan. The Addendum will then be incorporated into the City’s staff report prepared for Planning Commission and City Council public hearings.

Task 4.5. Provide Project Management Services

Meridian’s Principal, Mr. Adam Rush, AICP will provide all necessary project management, coordination, and oversight of the CEQA/Environmental and Technical Studies prepared by Meridian (i.e., AQ/GHG, Noise/Vibration, and Energy). Mr. Rush will coordinate frequently with Fehr & Peers to provide scheduling and project management support to the Consultant Team and City staff throughout the environmental review and processing of the Project, consistent with the City’s procedures. Mr. Rush will also participate in meetings with the Consultant Team and City staff, as it pertains to the environmental documentation and review. In addition, Meridian’s scope provides for attendance at two (2) community meetings or workshops (e.g., Planning Commission or City Council Workshops, Town Hall Meetings, Community Outreach Events, such as Festivals, Holiday Events, etc.). This scope also provides

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for Mr. Rush and Meridian’s Director of Air Quality and Noise (Mr. Christ Kirikian) to attend two (2) Planning Commission and two (2) City Council public hearings in support of the Project.

Deliverables

• Prepare an administrative draft CEQA document for city review that addresses the General Plan Amendment
• Prepare AB 52 consultation transmittal
• Prepare a public review draft CEQA document incorporating staff comments • Prepare a final CEQA document including a response to comments • Finalize AB 52 consultation

Task 5. Communication with Staff and Required Work Products

Fehr & Peers, with support from Meridian Consultants, will lead standard and consistent coordination with City Staff throughout the project. This will include a kick-off meeting within 30 days of execution of professional services agreement, at which Task 1 deliverables will be provided. Monthly status updates will be provided by email or phone conference with Staff. Jolene Hayes and Adam Rush will attend one in-person meeting at Planning Commission to provide a project status update.

Deliverables

• Kick-off meeting with City Staff and Consultant Team
• Monthly status updates
• Attendance at one in-person Planning Commission Meeting

We create and deliver solutions that improve communities by helping safe and easy movement of people and goods

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EXHIBIT "B"

SCHEDULE OF SERVICES

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EXHIBIT "C"

COMPENSATION

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Item: 12.

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 Amendment - CNS Engineers, Inc. - Approve Contract Amendment No. 3 for CNS Engineers, Inc. for Barton Road Bridge Removal and Road Construction Project

Recommended Action:

Staff recommend that the City Council approve Amendment No. 3 (Exhibit A) for CNS Engineers, Inc. Professional Services Agreement in the amount of $ 193,274.07 for design revision, right of way acquisition and utility relocation for Barton Road Bridge Removal and Road Construction Project and authorize the City Manager to execute the amended agreement.

Background:

Barton Road Bridge is located between Interstate 215 and La Cadena Drive, and extends over the Union Pacific (UP) railroad right of way. Barton Road bridge is currently rated as “structurally deficient” by the California Department of Transportation (Caltrans) and in need of repairs or replacement. Since the tracks were abandoned and removed by Union Pacific Railroad Company (UPRR), it will be cost effective to remove the bridge and construct a new road. The new road will be a two-lane road with bike lane and sidewalk. A joint approach to the Barton Road Bridge Replacement Project (“Project”) has been undertaken by the City of Colton and City of Grand Terrace since the physical location of the Barton Road Bridge lies within the city boundaries of both cities.

On July 12, 2017, the City received the Administering Agency-State Agreement and the Program Supplement Agreement (Preliminary Engineering Phase - Environmental and Design) for the Barton Road Bridge Removal and Road Construction Project. The Administering Agency-State Agreement identifies the State and the Local Agency’s role and responsibility on the Project.

The Program Supplement Agreement identifies the funding commitment and responsibility for the State and Local Agency. The Project will received a total of $3,153,863 from Federal Fund - Highway Bridge Program (HBP). The local match required is $408,617 (11.47%) and will be shared equally by Colton and Grand Terrace. A Cooperative Agreement for the Project between the City of Colton and the City of Grand Terrace was approved by the City Council on

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September 5, 2017. The Cooperative Agreement identifies the funding commitment, and the tasks, role and responsibilities for the development and construction of the Project. The City of Colton is the Lead Agency for the Project.

Issues/Analysis:

On April 16, 2019, the City awarded a contract to CNS Engineers, Inc. in the amount of $665,303.50 for the preparation of environmental documents, engineering design and right of way support for the Barton Road Bridge Removal and Road Construction Project. The plan is 100% complete (see Exhibit B) and submitted to Caltrans for review. Environmental studies are completed already. On July 6, 2022, the City received from Caltrans the authorization to proceed for right of way phase for the project. Right of way phase is more complicated than originally anticipated because it involves acquisition of eight (8) properties including two parcels from UPRR, two parcels from SCE, one from Elsinore Valley Municipal Water District and the rest are private properties. Attached as Exhibit B is the Project right of way map. As part of the right of way phase process, utilities that conflict with the project improvement need to be removed or relocated. There are number of utilities identified within the vicinity of the project area including lines for ATT, SCE, Colton Water/Sewer/Electric, Gas Company, Elsinore Valley Municipal Water District (EVMWD), Riverside Highland Water Company, HP Communications, and various communication and cable company. During the course of verifying the rights of these utilities, it was found that EVMWD water line has prior rights. Prior right means that EVMWD was already existing when the road right of way was granted to both cities of Colton and Grand Terrace City. With the findings, the project will cover the cost of EVMWD water line design and relocation.

The design is 100% already but needs to be revised due to SCE access to their easement. The access affected the size of the adjacent property acquisition and needed redesign of the drainage to accommodate the concrete driveway access to SCE easement.

The cost of Amendment No. 3 for the design of water line relocation and the truck detour study is $193,274.07 with the following breakdown:

1. Meeting and Coordination = $ 12,140.99

2. Utility Relocation Coordination = $ 36,924.15

3. Revise Design due to SCE Access Road = $ 22,180.21

4. Right of Way Legal and Plats Revision = $ 7.978.49

5. Right of Way Appraisals, Negotiations, and Acquisitions = $114,050.13 Total Amount for Amendment No. 3 = $193,274.07

CNS Engineering, Inc. total contract amount after approval of Amendment No. 3 is $922,813.56 with the following breakdown:

1. Original Contract Amount = $665,303.50

2. Amendment No. 1 (Traffic Detour Study) = $ 18,833.22

3. Amendment No. 2 (Waterline Design/Truck Detour) = $ 45,402.77

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4. Amendment No. 3 (Design, Right of Way, Utility Relocation) = $193,274.07 Total Contract Amount = $922,813.56

Amendment No. 1 for CNS Engineers, Inc. contract pertains to supplemental traffic detour study and Caltrans encroachment permit submittal/processing for the project in the amount of 18,833.22. A detour study and encroachment permit were necessitated due to the vacation of Terrace Ave. for the Barton Logistic Project. Amendment No. 2 pertains to waterline design relocation for EVMWD (they have prior rights). Since CNS Engineers, Inc. contract scope includes construction and bid support, the contract term will be extended to December 31, 2027.

The project construction cost estimate is $1.80 million and the anticipated construction start is October 2026.

Fiscal Impacts:

Sufficient appropriations are available for carryover to the FY2025-26 adopted budget for Amendment No. 3 with CNS Engineers, Inc. for the Barton Bridge Removal and Road Construction Project as follows:

Funding Source Account No. Amendment No. 3 Funding
Highway Bridge Program 225-1803-6987-3890-0000-
000
$171,105.53
Colton Local Match 249-1803-6900-3890-0000-
000
$11,084.27
Grand Terrace Local Match 450-1803-6986-3890-0000-
000
$11,084.27
Total $193,274.07

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. Exhibit A -CNS Contract Amendment No. 3

2. Exhibit B - Right of Way Map

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23152.06000\32391457.2
AMENDMENT NO. 3 TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND
CNS ENGINEERS, INC.

1. PARTIES AND DATE.

This Amendment No. 3 to the Professional Services Agreement is made and entered into this 16th day of September 2025 by and between the City of Colton, a California municipal corporation (“City”) and CNS Engineers, Inc. (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”.

2. RECITALS.

2.1 Consultant. City and Consultant entered into an agreement titled “Professional Services Agreement,” dated November 17, 2019 (“Agreement”), whereby Consultant agreed to provide professional civil engineering, right of way support and environmental consulting services for Barton Road Bridge Removal and Road Construction Project ("Project").

2.2 Amendment. City and Consultant entered into Amendment No. 1 to the Agreement dated April 13, 2022 and Amendment No. 2 to the Agreement dated March 22, 2023 for the additional compensation for the engineering plans and environmental documents.

2.2 Amendment Purpose. City and Consultant now desire to amend the Agreement for the purposes of additional compensation to complete the engineering design phase and right of way phase.

2.3 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section

3.6.13 of the Agreement.

3. TERMS.

3.1 Amendment. Section 3.1.2 and Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows:

3.1.2 Term. The term of this Agreement shall be extended to December 31, 2027, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”A” attached hereto and incorporated herein by

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reference. The total compensation shall not exceed Nine Hundred Twenty-Two Thousand Eight Hundred Thirteen Dollars and Fifty Six Cents ($922,813.56) without written approval of City’s City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 3, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 3, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 3.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3.

3.4 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Counterparts. This Amendment No. 3 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

[SIGNATURES ON FOLLOWING PAGE]

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23152.06000\32391457.2
SIGNATURE PAGE FOR AMENDMENT NO. 3 TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND CNS ENGINEERS, INC.

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 3 to the Professional Services Agreement as of the day and year first above written.

CITY OF COLTON

By: _________________________
William R. Smith
City Manager

Attest: _________________________
Isaac T. Suchil
City Clerk

CNS ENGINEERS, INC.

A Corporation

By: _________________________
Signature

_________________________
Name (Print)

_________________________
Title (Print)
By: _________________________
Signature

_________________________
Name (Print)

_________________________
Title (Print)

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23152.06000\32391457.2
EXHIBIT "A

COMPENSATION

Compensation to CNS Engineers, Inc. for the services of this Agreement shall not exceed Nine Hundred Twenty-Two Thousand Eight Hundred Thirteen Dollars and Fifty Six Cents ($922,813.56) without written approval of City’s City Council.

The additional task necessary to complete the right of way phase of the Project are as follows:

A. Original Contract $ 665,303.50
B. Amendment No . 1 $ 18,833.22
C. Amendment No. 2 $ 45,402.77
D. Amendment No. 3 $ 193.274.07

1. Meeting and Coordination = $ 12,000.00

2. Utility Relocation Coordination = $ 10,000.00

3. Revise Design due to SCE Access Road = $ 45,600.00

4. Right of Way Legal and Plats Revision = $ 42,600.00

5. R/W Appraisals, Negotiations, and Acquisitions = $ 7,200.00____________ D. Total Contract Cost $922,813.56

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AT&T
4" GAS
OH MCI, VERIZONHP COMM.

OH MCI, VERIZONHP COMM

OH AIR TOUCHCROWN CASTLE, CHARTER
12" EVMWDWATER

TRANSMISSION TOWER
8" RHWCOWATER4" COLTONWATER
TEL

AT&TTRANSMISSION (UG)
4" COLTONWATER8" RHWCOWATER
F.O.SEWER MH(RECONSTRUCT)
4" GAS
AT&T
12" EVMWDWATER
8" RHWCOWATERDRAINAGEINLET
IRRIG.BOX
CITY OF COLTONKnow what'sbelow.Callbefore you dig.11870 Pierce Street, Suite 265Riverside, CA 92505Phone: 951-687-1005Fax: 951-667-3387EngineersIncPUBLIC WORKS DEPARTMENTBARTON ROAD BRIDGE REMOVAL AND ROAD CONSTRUCTION PROJECTFEDERAL PROJECT NO. BRLS-5065(024)RIGHT OF WAY REQUIREMENTS MAP ”

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Item: 13.

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: Agreement - SBCTA - Approve the Pepper Avenue/Valley Boulevard Smart Corridor Improvement Project, Funding Agreement with SBCTA, Resolution No. R-73-25.

Recommended Action:

1. Authorize the Funding Agreement (Exhibit A) between the San Bernardino County Transportation Authority (SBCTA) and the City of Colton for the Pepper Avenue/Valley Boulevard Smart Corridor Improvement Project; and

2. Approve Resolution No. R-73-25 (Exhibit B) amending the Fiscal Year 2025/2026 Capital Improvement Program budget to include the Pepper Avenue/Valley Boulevard Smart Corridor Improvement Project; and

3. Authorize the City Manager or his designee to execute the Funding Agreement (Exhibit A) on behalf of the City in accordance with City of Colton Municipal Code § 3.08.160 – City Manager authorization to execute contracts and § 3.08.170 – Transaction or communication.

Background:

On January 14, 2025, the San Bernardino County Transportation Authority (SBCTA) distributed a Request for Information (RFI) to award funding to local jurisdictions in the San Bernardino Valley for upgrades to traffic control equipment and signal coordination on up to five arterial corridors as part of SBCTA’s “smart corridor” initiative to upgrade traffic and transit management capabilities in the Valley.

On March 13, 2025, Engineering Staff submitted RFI responses for the development of a smart arterial corridor along Pepper Avenue from San Bernardino Avenue and Valley Boulevard and Valley Boulevard from Pepper Avenue to Mt. Vernon Avenue.

The Pepper Avenue to Valley Boulevard corridor was selected because it is part of the San

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Bernardino Avenue Corridor – BRT (Bus Rapid Transit) Systemwide Plan and SBVCTSS (San Bernardino Valley Coordinated Traffic Signal System) Corridors. The proposed traffic signal corridor improvement will include but is not limited to advance video detection systems, ADA compliant pedestrian signals, upgrade of communication systems such as new radio, antennae, and software and hardware for system traffic control, new advance transportation controller compatible with TSP (Transit Signal Priority), emergency vehicle pre-emption, and TMC (Traffic Management Center) upgrades.

Issues/Analysis:

On May 07, 2025, the SBCTA board approved the City of Colton’s submittal for the development of a smart arterial corridor along Pepper Avenue from San Bernardino Avenue and Valley Boulevard and Valley Boulevard from Pepper Avenue to Mt. Vernon Avenue. Attached is the draft Agreement to be executed pending City Council approval.

A financial requirement of proposed smart corridor projects is a minimum local match of 20% of total project costs. The total project cost estimate including PS&E (Plans, Specifications and Estimate), Construction, and Contingencies is $825,500.00. The City proposed a local required match of 20% or $165,100.00 through Local Traffic Impact Fees. Therefore, requested and approved SBCTA funding through the Smart Corridor Funding program is $660,400.00 or 80%.

The City will utilize Local Traffic Impact Fee to fund the required local match as indicated in Resolution No. R-73-25.

Fiscal Impacts:

Approval of Resolution R-73-25 amends the FY2025-26 adopted budget to provide the necessary funding for the Pepper Avenue/Valley Boulevard Smart Corridor Improvement Project. Below is the funding breakdown of the appropriations for the project:

1 Smart Corridor Grant Fund 225-2633-6150-3890 $660,400.00 2 Traffic Impact Fund 249-2633-6150-3890 $165,100.00
Total Project Funding $825,500.00

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. Exhibit A - Smart Corridor Funding Agreement_Colton and SBCTA 20250827 Final

2. Funding Agreement - Attachment A_City of Colton Project Proposal

3. Exhibit B - Resolution Amending Budget for Pepper Ave_Valley Blvd Smart Corridor Project_R

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SBCTA AGREEMENT NO 26-1003384

FUNDING AGREEMENT

BETWEEN THE

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY

AND CITY OF COLTON

FOR THE

PEPPER AVENUE/VALLEY BOULEVARD SMART CORRIDOR

I. PARTIES AND TERM

A. This Funding Agreement (“AGREEMENT”) is entered into by and between the San Bernardino County Transportation Authority (“SBCTA”) and City of Colton (“CITY”) (each individually a “PARTY” and collectively, the “PARTIES”) on the Effective Date (as defined herein). The PARTIES hereby mutually agree to all of the following terms and provisions of this AGREEMENT, including the Recitals in Section II.

B. This AGREEMENT shall be effective as of the last date of execution by SBCTA and CITY (“Effective Date”) and shall terminate two years from “Effective Date”, but may be extended for an additional year at the sole discretion of SBCTA or terminated earlier in accordance with the provisions of this AGREEMENT.

C. SBCTA may terminate this AGREEMENT if CITY fails to perform according to the terms of this AGREEMENT and if this jeopardizes the delivery of the PROJECT, as defined below, according to the terms herein.

II. RECITALS

A. WHEREAS, CITY desires to implement smart corridor improvements on Pepper Avenue and Valley Boulevard (PROJECT).

B. WHEREAS, SBCTA has an interest in facilitating the upgrade of communications and controller technology to improve traffic flow and establish a foundation for implementation of transit signal priority (TSP) in the San Bernardino Valley.

C. WHEREAS, the CITY’s scope of work attached hereto as Attachment “A” (Scope of Work) includes the smart corridor improvements, or PROJECT, to be undertaken in this AGREEMENT, and is currently estimated to cost a total of $825,000.

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D. WHEREAS, SBCTA shall pay 80.048% of qualifying PROJECT expenditures, up to a maximum total amount of $660,400, to the CITY for performing the PROJECT in accordance with the Scope of Work included in ATTACHMENT A, on a cost reimbursement basis (SBCTA AWARD AMOUNT). The current estimated PROJECT cost, and each PARTY’s estimated funding obligation, is shown in the FUNDING TABLE in ATTACHMENT B.

E. WHEREAS, the CITY is obligated to fund the difference between the actual PROJECT cost and the actual SBCTA AWARD AMOUNT.

F. WHEREAS, CITY is qualified to manage the project delivery of the PROJECT.

G. WHEREAS, SBCTA desires that CITY deliver the Scope of Work identified under this AGREEMENT, and CITY agrees to perform these services as set forth below.

III. RESPONSIBILITIES

A. CITY Responsibilities:
i. CITY shall be the lead agency for the PROJECT’s Scope of Work and agrees to diligently undertake and complete the Scope of Work in a timely manner. ii. CITY shall procure all consulting services, traffic control equipment and construction support necessary and required to deliver the PROJECT as generally described and as set forth in Attachment A to this AGREEMENT. iii. CITY shall provide funding for the PROJECT in accordance with Section V. Fiscal Provisions.
iv. CITY shall submit an electronic copy of signed invoices for reimbursement of eligible PROJECT expenses as frequently as monthly but not less frequently than quarterly in accordance with Section V. Fiscal Provisions. The invoice shall include appropriate backup documentation to support and justify payment of invoices. No CITY staff time shall be charged to SBCTA under this AGREEMENT. v. On a quarterly basis, the CITY shall submit to SBCTA progress reports and documentation of work performed on the PROJECT under this AGREEMENT, due not later than 30 days following the end of each calendar quarter. vi. Upon completion of PROJECT, City shall provide a project completion memorandum with the final invoice that describes PROJECT benefits in accordance with Section V. Fiscal Provisions.
vii. CITY shall post signs, if feasible, at the boundaries of the PROJECT noting that PROJECT is funded with Measure I funds. Signs shall bear the logos of SBCTA and CITY.
viii. CITY shall protect from unauthorized use or disclosure of names and other Personally Identifiable Information (PII) concerning persons receiving services pursuant to this AGREEMENT, except for anonymous statistical information that

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does not identify participants. PII is defined as any information that identifies or describes a person, including, but not limited to: name; social security number; date of birth; driver license number; home address; telephone number; billing address; e-mail address; credit card number and expiration date; bank account information; medical and health information, including digital copies of personal, or protected, health information (ePHI); health insurance; user name or email address, in combination with a password or security question and answer that would permit access to an online account; and other personally identifiable information as defined by California or federal law. CITY shall not use or disclose any PII for any purpose other than carrying out the obligations under this AGREEMENT, except as may be otherwise required by law. This provision will remain in the force even after the termination of the AGREEMENT.

B. SBCTA Responsibilities

i. SBCTA shall provide funding for the PROJECT in accordance with Section V.

Fiscal Provisions.
ii. SBCTA shall provide payment of CITY invoice within 30 days after receiving an invoice determined to be complete and in accordance with the Scope of Work and general provisions provided under this AGREEMENT.
iii. SBCTA shall reimburse the CITY in an amount equal to the costs incurred and invoiced to SBCTA minus the CITY match percentage in accordance with Section V. Fiscal Provisions.
iv. SBCTA shall not reimburse CITY for any project cost overruns.

IV. MUTUAL RESPONSIBILITIES

A. SBCTA and CITY will establish mutually satisfactory methods for dispute resolution at the lowest possible level, with a procedure to mobilize dispute resolution up through the PARTIES’ respective chains of command.

B. SBCTA and CITY will cooperate and coordinate with project delivery team and other parties in providing the services and responsibilities required under this AGREEMENT to the extent practicable with respect to the performance hereunder.

C. SBCTA and CITY will abide by all applicable federal, state, and local laws and regulations pertaining to the PROJECT’s Scope of Work and this AGREEMENT.

V. FISCAL PROVISIONS

A. CITY shall fund the difference between the actual PROJECT cost and the actual SBCTA AWARD AMOUNT, as provided for in this AGREEMENT. SBCTA shall reimburse the CITY 80.048% of allowable PROJECT expenditures incurred by CITY, as the actual SBCTA AWARD AMOUNT. In no event shall SBCTA reimbursements, or the actual SBCTA AWARD AMOUNT, under this AGREEMENT, exceed

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$660,400. If the actual PROJECT cost exceeds the current estimate of $825,000, then CITY shall pay the match of $164,600 plus 100% of the total PROJECT cost in excess of $825,000. Eligible reimbursements shall include only those costs incurred by CITY for PROJECT-specific work activities that are described in this AGREEMENT and shall not include escalation or interest.

B. CITY shall not more frequently than monthly and not less frequently than quarterly prepare and submit an electronic copy of signed invoices to SBCTA in a form satisfactory to SBCTA for reimbursement of eligible PROJECT expenses. SBCTA shall pay the invoice to the CITY within 30 days of receipt of CITY’s invoice that is determined to be complete. At the conclusion of the PROJECT, CITY shall provide a project completion memorandum with the final invoice not later than 60 days following completion of the project summarizing total expenditures incurred and project benefits.

The SBCTA ClearGuide system is available for quantifying traffic speed and delay benefits.

C. CITY shall include in its project completion memorandum to SBCTA a final summary of all funds expended on the PROJECT and provide documentation of all CITY funds used for the local match on the PROJECT. Should it be determined that the CITY spent less on its local match than identified in this AGREEMENT, the CITY shall reimburse SBCTA in an amount that brings the total PROJECT expenditures into compliance with the local match percentage established in the Recitals above.

D. CITY shall maintain all source documents, books and records connected with its performance under this AGREEMENT for a minimum of five (5) years from the date of the project completion memorandum submittal to SBCTA or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of SBCTA during normal business hours at CITY Hall. Copies will be made and furnished by CITY upon written request by SBCTA.

E. CITY shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles to support CITY’s requests for reimbursement, payment vouchers, or invoices which segregate and accumulate costs of PROJECT’s Scope of WORK elements and produce monthly reports which clearly identify reimbursable costs, matching fund costs, indirect cost allocation, and other allowable expenditures by CITY.

VI. GENERAL PROVISIONS

A. No waiver of any of the provisions of the AGREEMENT shall be effective unless it is made in a writing which specifies the provision(s) so waived and which is executed by both PARTIES. No course of dealing and no delay or failure of a PARTY in exercising any right under any AGREEMENT shall affect any other or future exercise of that right or any exercise of any other right. A PARTY shall not be precluded from exercising a right by its having partially exercised that right or its having previously abandoned or

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discontinued steps to enforce that right.

B. This AGREEMENT will be considered terminated upon reimbursement of all eligible costs by SBCTA or CITY, whichever is sooner, provided that the provisions of Section V and Section VII shall survive termination of this AGREEMENT.

C. Any modifications of any terms or conditions of this AGREEMENT shall be valid only when reduced to writing, duly signed and approved by the authorized representatives of all PARTIES.

D. This AGREEMENT constitutes the sole and entire agreement among the PARTIES governing the matters set forth herein and supersedes any prior understandings, negotiations, agreements, arrangements and undertakings, written or oral, between the PARTIES respecting the subject matter herein. All previous proposals, offers, and other communications, written or oral, relative to this AGREEMENT, are superseded to the extent that they are not incorporated into this AGREEMENT. It is the intent of the PARTIES that this AGREEMENT is an integrated agreement and that no evidence may be introduced to vary in any manner its terms and conditions. No representation, warranty, covenant, inducement or obligation not included in this AGREEMENT shall be binding.

E. Without the prior written consent of the other PARTY, the AGREEMENT is not assignable by either PARTY, in whole or in part.

F. If any legal action is instituted to enforce any PARTY’s rights hereunder, each PARTY shall bear its own costs and attorney fees, regardless of who is the prevailing PARTY.

This paragraph shall not apply to those costs and attorney fees directly arising from a third-party legal action against a PARTY hereto and payable under any indemnification or insurance requirements.

G. This AGREEMENT shall be governed by and construed according to the laws of the State of California.

H. The PARTIES acknowledge and agree that this AGREEMENT was entered into and intended to be performed in Colton, California. The PARTIES agree that the venue of any action or claim brought by any PARTY to this AGREEMENT will be the Superior Court of California, San Bernardino County. Each PARTY hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this AGREEMENT is brought by any third party and filed in another venue, the PARTIES hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County.

VII. MUTUAL INDEMNIFICATION

A. Neither SBCTA, nor any officer, employee, or agent thereof, is responsible for any

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injury, damage or liability occurring or arising by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction assigned or delegated to CITY under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless SBCTA, its officers, employees, and agents, from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction assigned or delegated to CITY under this AGREEMENT. CITY’s indemnification obligation applies to SBCTA’s “active” as well as “passive” negligence but does not apply to SBCTA’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.

B. Neither CITY, nor any officer, employee, or agent thereof, is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by SBCTA under or in connection with any work, authority or jurisdiction assigned or delegated to SBCTA under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, SBCTA shall fully defend, indemnify and save harmless CITY, its officers, employees, and agents, from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SBCTA under or in connection with any work, authority or jurisdiction assigned or delegated to SBCTA under this AGREEMENT. SBCTA’s indemnification obligation applies to CITY’s “active” as well as “passive” negligence but does not apply to CITY’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.

C. In the event the CITY and/or SBCTA is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the AGREEMENT, the CITY and/or SBCTA shall indemnify the other to the extent of its comparative fault.

VIII. INSURANCE

A. CITY is a self-insured public entity for purposes of Professional Liability, General Liability, Automobile Liability and Workers' Compensation and warrants that through its program of self-insurance, it has adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT. CITY shall include in all contracts between CITY and contractors performing construction-related work in accordance with the Scope of Work that SBCTA be named as an additional insured under general liability insurance policies maintained by the contractor of the PROJECT.

B. SBCTA is insured for Commercial General Liability, Professional Liability, Auto Liability and Workers Compensation in amounts believed to be adequate to protect

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against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT.

IX. CONCLUSION

A. This AGREEMENT, consisting of eleven (11) pages, including Attachment A, is the full and complete document including all covenants, conditions, and benefits.

B. The signatures of the PARTIES affixed to this AGREEMENT affirm that they are duly authorized to commit and bind them to the terms and conditions set forth in this document.

C. This AGREEMENT may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same AGREEMENT. The PARTIES shall be entitled to sign and transmit an electronic signature of this AGREEMENT (whether by PDF or other mail transmission), which signature shall be binding on the PARTY whose name is contained therein. Each PARTY providing an electronic signature agrees to promptly execute and deliver to the other PARTY an original signed AGREEMENT upon request.

------ SIGNATURES ON FOLLOWING PAGE -----

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In witness whereof the PARTIES have executed this AGREEMENT on the dates written below and this AGREEMENT is effective upon the last date of execution below.

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY

By:

Carrie Schindler, Executive Director

Date:

APPROVED AS TO FORM:

By:

Iain MacMillan
Assistant General Counsel

CITY OF COLTON

By:

William R. Smith, City Manager

Date:

ATTEST:

By:

Isaac T. Suchil, City Clerk

APPROVED AS TO FORM:

By:

Carlos Campos, City Attorney

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ATTACHMENT A

SCOPE OF WORK

City of Colton Project Proposal

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ATTACHMENT B

FUNDING TABLE FOR COLTON PEPPER AVENUE/VALLEY

BOULEVARD SMART CORRIDOR

A. Estimated Total Cost
$
825,000
B. Maximum Award Amount
$
660,400
C. Match commitment
$
164,600
D. Match percentage of award amount 24.92%
E. Match percentage of total estimated cost 19.95%
F. Percentage of eligible costs billable with
each invoice (B divided by A) 80.048%

INVOICING INSTRUCTIONS:

Invoices may be submitted to SBCTA as frequently as monthly SBCTA reimbursement available at 80.048% of eligible expenses in each invoice
Jurisdiction is responsible for remainder of each invoice (local match share)
Maximum total SBCTA reimbursement (award amount) is
$660,400
Jurisdiction is responsible for 100% of expenditures after maximum award amount is reached
If actual expenditures are less than Estimated Total Cost above, SBCTA is responsible only for 80.048% of actual expenditures
Invoices must document the work accomplished and expenses incurred for each period
Invoices must include cumulative totals for SBCTA reimbursement and local expenditures

.

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City of Colton Responses to RFI for the Development of Smart Arterial Corridors in San Bernardino Valley

I. Name(s) of arterial(s) included in the proposal and corridor limits (“from” and “to”). More than one arterial may be included, but they must be connected, to include coordination across jurisdictional boundaries and Caltrans- maintained signals (if applicable).

1. Pepper Avenue from San Bernardino Ave. to Valley Blvd.

2. Valley Blvd. from Pepper Ave. to Mt. Vernon Ave. (Hermosa Ave. to Grant Ave is in the County of San Bernardino but no traffic signal in any of their intersection)

II. Lead local jurisdiction and any collaborating jurisdictions. Name and title of contact persons, address, email, and phone number.

Local Jurisdiction – City of Colton
Contact Person – Victor Ortiz, P.E., Asst. Public Works Director/City Engineer Address: 160 South 10
th Street, Colton, CA 92324
Email: [email protected]
Phone: 909-514-4210

III. Brief narrative describing the corridor, the status of its signal system (e.g. general age and models of controllers), number of signals included, and what the application is proposing to accomplish in general terms.

Pepper Ave.-Valley Blvd. corridor is part of the San Bernardino Ave. Corridor - BRT Systemwide Plan and SBVCTSS Corridors. There are 10 existing traffic signals along this corridor, and they are interconnected as part of the Tier 1, 2, 3, 4 Traffic Signal Interconnect Project. Controllers are mostly Model 170E with an average age of 8 year-old.

The interconnect system is currently running on QuickNet. The City is proposing to run them through Transparity or any advance traffic signal management system. Both Quick Net and Transparity are McCain traffic software, and the City wanted to look at the option of migrating to much better traffic management software. Transparity is a much newer version (The City has one corridor that used Transparity and much more reliable than QuickNet). The proposed traffic signal corridor improvement will include but not limited to the following: advance video detection system, ADA compliant pedestrian signal, upgrade of communication system such as new radio, antennae, and software and hardware for system traffic control, new advance transportation controller compatible with Transit Signal Priority (TSP), emergency vehicle pre-emption, and TMC upgrade.

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IV. Describe where the project is in its development process, along with improvements envisioned, to the greatest level of specificity practical, given the status.

The project has not started yet and not on any development phase yet. The City will hire an engineering consultant to prepare plan, specifications and estimates for the upgrade.

V. Describe how the project will benefit residents, businesses, and services in the corridor (including any transit services).

When completed, the project will optimize traffic flow reducing traffic delay, promoting safe travel and on-time arrival which are very positive impact to the residents and businesses in the area. Transit services will always be on - schedule.

VI. Financial plan and cost estimate, including match dollars being committed and source of match.

Plan, Specifications and Estimate = $127,000
Construction = $635,000
Contingencies = $ 63,500
Total Cost of Project = $825,500

Estimated cost of the project = $825,500
Local Match (20%) = $ 165,100 (combination of Local Measure I and Local Traffic Impact Fee Smart Corridor Funding = $660,400

VII. Estimated schedule by milestone:

PE Phase (PSE and Environmental) – Jan. 2026 to Dec. 2026 Bid, Contract Process and NTP – Jan. 2027 to June 2027
Construction -July 2027 to June 2028
Close Out – July 2028 to Dec 2028.

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VIII. Relevant transportation data readily available, such as Average Daily Traffic (ADT), truck volumes, Omnitrans route numbers, fire/rescue departments and hospitals in the corridor, etc.

Omnitrans: Route 1, 22, 290,
Hospitals Along this Route: Arrowhead Medical Center
ADT: Pepper Ave=24,000 per day, Valley Blvd=14,500 per day. Truck volumes are not available but both route are designated truck routes.

IX. Explain the processes that the jurisdiction will put in place to maintain the system once implemented.

The City traffic signal system is being maintained by a traffic signal maintenance contractor. This corridor is part of the signal maintenance contract.

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Map of Proposed Project

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1 2

3 4

5 6

7 8

9 10

11 12

13 14

15 16

17 18

19 20

21 22

23 24

25 26

27 28

RESOLUTION NO. R-73-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
AMENDING THE FISCAL YEAR 2025/2026 CAPITAL IMPROVEMENT BUDGET

FOR THE PEPPER AVENUE/VALLEY BOULEVARD SMART CORRIDOR
IMPROVEMENT PROJECT.

WHEREAS, the City intends to support the City’s goal to improve the City’s traffic safety and infrastructure; and

WHEREAS, the City of Colton received Smart Arterial Corridor grant funding through the San Bernardino County Transportation Authority (SBCTA) in the amount of $660,400 for the design and construction of Pepper Avenue/Valley Boulevard Smart Corridor Improvement Project (Project); and

WHEREAS, the total cost of the Project is $825,500 and requires 20% local match in the amount of $165,100 to be funded through Local Traffic Impact Fee fund; and

WHEREAS, a budget appropriation not listed in the Fiscal Year 2025/2026 budget is required and must be approved by resolution of the City Council.

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

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

Section 2 The City Council authorizes the following amendment for the Fiscal Year 2025/2026 budget:

• Increase revenues by $660,400 in account number 225-5886-004;

• Appropriate $660,400 in account number 225-2633-6150-3890-0000-000 for the preparation of Pepper Avenue/Valley Boulevard Smart Corridor Improvement Project;

• Appropriate $165,100 from reserve balance in local Traffic Impact Fund to account number 249-2633-6150-3890-0000-000 for the preparation of the Pepper Avenue/Valley Boulevard Smart Corridor Improvement Project.

PASSED, APPROVED AND ADOPTED THIS16th DAY OF SEPTEMBER 2025.

________________________________________
FRANK J. NAVARRO
Mayor

ATTEST:

_____________________________
Isaac T. Suchil
City Clerk

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Item: 14.

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: Program Supplement Agreement - Caltrans - Approve Program Supplement Agreement No. 00000A823 for the HSIP Cycle 12 – Crosswalk Improvement Project, Resolution No. R-74-25 & R-75-25.

Recommended Action:

1. Authorize the execution of Program Supplement Agreement No. 00000A823 (Exhibit A) to the Administering Agency-State Agreement No. 08-5065S21 with Caltrans for Highway Safety Improvement Program (HSIP) Cycle 11/Crosswalk Improvement Project - HSIPSL-5065(035); and

2. Approve Resolution R-75-25 (Exhibit B) amending the Fiscal Year 2025/2026 Capital Improvement Program budget for the Project; and

3. Approve Resolution No. R-74-25 (Exhibit C) authorizing the City Manager or his designee to execute the Program Supplement Agreement No. 00000A823 including any future amendments.

Background:

On September 21, 2024, the City submitted project application to Caltrans for Highway Safety Improvement Program (HSIP) funding. The project includes improvement for six (6) existing crosswalks. HSIP funding is one of the federal and state programs that provide funding for safety of streets and highways. The purpose of the HSIP program is to achieve a significant reduction in traffic accidents, fatalities and serious injuries on all public roads, including local streets and roads on tribal land.

Issues/Analysis:

On February 21, 2025, the City received approval from Caltrans allocating State funding in the amount of $221,940 for the HSIP Cycle 12 – Crosswalk Improvement Project. The grant requires 10% local match cost in the amount of $24,660. The total project cost is $246,600. The project will install push button activated solar Rectangular Rapid Flashing Beacon (RRFB) on six (6)

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existing crosswalks. The scope of work also includes installation of traffic signs, and thermoplastic striping and legends. These crosswalks are identified for RRFB installation in Colton’s Local Road Safety Plan (LRSP) adopted by the City Council on April 4, 2023. Attached as Exhibit D is the project location/vicinity map. The location of the crosswalks is listed below::

1. Along La Cadena at intersection of D Street

2. Along La Cadena at intersection of E Street

3. Along La Cadena at intersection of Hanna Street

4. Along La Cadena at intersection of B Street

5. Along 9th Street at intersection of D Street

6. Along Washington St. at intersection RV Center Drive (west)

On July 29, 2025, the City received Program Supplement Agreement No. 00000A823 from Caltrans. In order to proceed with the project, the City needs to execute Program Supplement Agreement No. 00000A823 for the HSIP Cycle 12 – Crosswalk Improvement Project. Program Supplement Agreement No. 00000A823 identifies the funding commitment and responsibility of the State and Local Agencies. The execution of the agreement between the City and Caltrans is necessary prior to reimbursement of the State funding allocated for the Project.

Fiscal Impacts:

Approval of Resolution R-75-25 will amend the FY2025-26 budget to account for the HSIP Cycle 12 – Crosswalk Improvement Project (Preliminary Engineering Phase and Construction Phase) in the amount of $246,600. Following is a breakdown of appropriations for the project.

Misc. Grants Fund - HSIP
Grant
225-2634-6150-3890-0000-000 $ 221,940
Traffic Impact Fee Fund 249-2634-6150-3890-0000-000 $ 24,660 TOTAL $ 246,600

Alternatives:

1. Provide alternative direction to staff

Attachments:

1. Exhibit A - Program Supplement Agreement

2. Exhibit C- Resolution Authorizing Signatory for Program Supplement Agreement

3. Exhibit D - Project Location Map

4. Exhibit B - Resolution Amending Budget FY25_26 (1)

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00000A823
FOR STATE FUNDED PROJECTS NO 08-5065S21
0825000147
July 22, 2025
08-SBD-0-COL
HSIPSL-5065(035)
5065
This Program Supplement, effective 7/17/25, hereby adopts and incorporates into the Administering Agency-State Agreement No. 08-5065S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 04/25/2022 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached).

The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages.

Intersection of: La Cadena Dr./ D st., La Cadena Dr/ E St., La Cadena Dr./B St., 9th street/D Street and Washington st./ RV Center Dr (West)
Install rectangular rapid flashing beacons (RRFBs), signs, striping and other safety measures

0.0(MILES)
State Funds
Estimated Cost Matching Funds

CITY OF COLTON
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:

Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to

ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:

Location:

Project Number:

E.A. Number:

Locode:

PROJECT LOCATION:

TYPE OF WORK: LENGTH:

LOCAL OTHER
$25,500.00 $2,550.00 $0.00
Chief, Office of Project Management Oversight

STATE OF CALIFORNIA
Department of Transportation
$22,950.00
$22,950.00STATE
1 Page of 3Program Supplement 08--506-A823- SERIAL
07/23/2025

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SPECIAL COVENANTS OR REMARKS
08-SBD-0-COL
HSIPSL-5065(035)

1. A. This PROJECT has received STATE funds from Highway Safety Improvement Program (HSIP). The ADMINISTERING AGENCY agrees to administer the PROJECT in accordance with the Highway Safety Improvement Program (HSIP) Guidelines, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT.

B. The STATE funds for this PROJECT may be provided under one or more phases, which are Preliminary Engineering (PE), Right-of-Way (R/W) and Construction (Con).

A phase-specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the phase identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per phase. Unless otherwise determined, the effective date of the phase-specific allocation will constitute the start of reimbursable expenditures for the phase. The STATE funds available for reimbursement will be limited to the amount allocated by the STATE for the phase.

C. At the time of the first fund allocation approval for the Project, this PROGRAM SUPPLEMENT, a STATE-approved Allocation Letter and STATE Finance Letter are prepared to allow reimbursement of eligible PROJECT expenditures for the phase allocated.

D. STATE and ADMINISTERING AGENCY agree that any additional fund allocations made after the execution of this PROGRAM SUPPLEMENT, for the phase that has been authorized in the first fund allocation approval or for a new phase, will be encumbered on this PROJECT by use of a STATE-approved Allocation Letter and a STATE Finance Letter and are subject to the terms and conditions thereof.

E. This PROJECT is subject to the delivery requirements enacted by the HSIP guidelines. The delivery requirements may be accessed at: https://dot.ca.gov/programs/local-assistance/fed- and-state-programs/highway-safety-improvement-program/delivery-requirements-status- approved-projects.

F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase.

G. The ADMINISTERING AGENCY shall invoice STATE for PE, R/W and CON costs no later than 180 days after the end of expenditure the phase. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor, prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and
2Page of 3Program Supplement 08--506-A823- SERIAL

Page 677 of 688 ends

SPECIAL COVENANTS OR REMARKS
08-SBD-0-COL
HSIPSL-5065(035)
payment.

H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM provisions.

I. ADMINISTERING AGENCY agrees to comply with the requirements in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (applicable to Federal and State Funded Projects).

J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to provide the STATE, upon request, with the information related to the PROJECT for the purpose of project evaluation or other purposes.

K. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the State. Any changes to the approved PROJECT scope without the prior expressed approval of the State are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement. 3Page of 3Program Supplement 08--506-A823- SERIAL

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RESOLUTION NO. R-74-25

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON,

AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE ADMINISTERING AGENCY-STATE AGREEMENT NO. 08-5065S21 AND THE PROGRAM SUPPLEMENT AGREEMENT NO. 00000A823 WITH CALTRANS FOR THE HSIP CYCLE 12 – CROSSWALK IMPROVEMENT PROJECT - HSIPSL-5065(035).

WHEREAS, the City intends to support the City’s goal to improve the City’s traffic safety and infrastructure; and

WHEREAS, the City of Colton has received a Highway Safety Improvement Program (HSIP) Cycle 12 – Crosswalk Improvement Project - HSIPSL-5065(035); and

WHEREAS, the City of Colton has received authorization from Caltrans to proceed with the Preliminary Engineering for the HSIP Cycle 12 – Crosswalk Improvement Project - HSIPSL- 5065(035); and

WHEREAS, the State requires that the Administering Agency-State Agreement No. 08- 5065S21 and Program Supplement Agreement No. 00000A823 be fully executed by the City and the State before any invoices for reimbursement can be processed; and

WHEREAS, the State requires that the City adopt and attach a resolution identifying the Project and the official authorized to execute the Administering Agency-State Agreement No. 08-5065S21 and Program Supplement Agreement No. 00000A823.

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

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

Section 2 The City Council of the City of Colton does hereby authorize the City Manager or his designee to execute Administering Agency-State Agreement No. 08-5065S21 and Program Supplement Agreement No. 00000A823 for the HSIP Cycle 12 – Crosswalk Improvement Project - HSIPSL-5065(035).

PASSED, APPROVED AND ADOPTED THIS 16th DAY OF SEPTEMBER 2025.

________________________________
FRANK J. NAVARRO
Mayor

ATTEST:

_____________________________
ISAAC T. SUCHIL
City Clerk

Page 679 of 688 ends

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Up Railr oa
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N 2nd
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N 2nd
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N 2nd St
W E St
W E St
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6th St
N 7
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St
N 7
th St
N 3rd S
t
N 4
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Mar tin Ave
W D St
W D St
W Olive St
Lynd
on Dr
Bonita
Dr
W Han na St
W Hanna
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W Han na St
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Terrace Ave
Ter
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W K St
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W Vall ey Blvd
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10 70B
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Bor
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E Hanna St
E C St
E C St
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Carre on Dr
E B St
N
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HSIP Cycle 12 - Colton Crosswalk Improvement Project Project Esri
Community Maps Contributors, City of Colton,
County of Riverside, County of San Bernardino,
California State Parks, © OpenStreetMap, Microsoft,
Esri, TomTom, Garmin, SafeGraph, GeoTechnologies,
Inc, METI/NASA, USGS, Bureau of Land Management,
8/21/2024, 2:32:08 PM
0 0.15 0.30.07 mi
0 0.3 0.60.15 km
1:9,028
Esri, TomTom, Garmin, FAO, NOAA, USGS, EPA, USFWS |
•
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Community Maps Contributors, City of Colton,
County of Riverside, County of San Bernardino,
California State Parks, © OpenStreetMap, Microsoft,
Esri, TomTom, Garmin, SafeGraph, GeoTechnologies,
Inc, METI/NASA, USGS, Bureau of Land Management,
8/21/2024, 2:41:57 PM
0 0.15 0.30.07 mi
0 0.3 0.60.15 km
1:9,028
Esri, TomTom, Garmin, FAO, NOAA, USGS, EPA, USFWS |
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)

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RESOLUTION NO. R-75-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
AMENDING THE FISCAL YEAR 2025/2026 CAPITAL IMPROVEMENT
BUDGET.

WHEREAS, the City intends to support the City’s goal to improve the City’s traffic safety and infrastructure; and

WHEREAS, the City intends to improve existing crosswalk on La Cadena Dr. at intersection of D Street, La Cadena Dr. at intersection of E Street, La Cadena Dr. at intersection of Hanna Street, La Cadena Dr. at intersection of B Street, 9th Street at intersection of D Street, and Washington St. at intersection RV Center Drive (west).; and

WHEREAS, the City of Colton received Highway Safety Improvement Program (HSIP) funding through Caltrans in the amount of $221,940 for HSIP Cycle 12 funded – Crosswalk Improvement Project - HSIPSL-5065(035); and

WHEREAS, the total cost of the Project is $246,600 and HSIP grant requires 10% local match in the amount of $24,660 to be funded through Traffic Impact fund; and

WHEREAS, a budget appropriation not listed in the Fiscal Year 2025/2026 budget is required and must be approved by resolution of the City Council.

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

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

Section 2 The City Council authorizes the following amendment for the Fiscal Year 2025/2026 budget:

• Increase revenues by $221,940 in account number 225-5886-002;

• Appropriate $221,940 in account number 225-2634-6150-3890-0000-000 for HSIP Cycle 12 – Crosswalk Improvement Project - HSIPSL-5065(035);

• Appropriate $24,660 from reserve balance in Traffic Impact Fund to account number 249-2634-6150-3890-0000-000 for the preparation of HSIP Cycle 12 – Crosswalk Improvement Project - HSIPSL-5065(035).

PASSED, APPROVED AND ADOPTED THIS 16th DAY OF SEPTEMBER 2025.

________________________________
FRANK J. NAVARRO
Mayor

ATTEST:

_____________________________
ISAAC T. SUCHIL
City Clerk

Page 682 of 688 ends

Item: 15.

Staff Report

Meeting Date: September 16, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Anthony Vega, Chief of Police
Item Name: Purchase - Nexus Office Environments, Inc. - Authorize a Purchase Agreement with Nexus Office Environments, Inc. for the Procurement and Installation of Office Furniture in the Police Department.

Recommended Action:

1. Authorize a purchase agreement with Nexus Office Environments, Inc. for the procurement and installation of office furniture for the Police Department’s desking project, in the amount of $113,647.97 in accordance with Colton Municipal Code §3.08.140(c).

Background:

The Colton Police Department is undertaking a desking project to improve workspace efficiency, ergonomics, and storage capacity across several divisions. Much of the Department’s existing furniture is outdated, non-standardized, and no longer meets the operational and organizational needs of the Department.

Nexus Office Environments, Inc. has provided a comprehensive furniture package designed specifically for the Colton Police Department. The proposed desking system includes executive desks, adjustable casegoods, credenzas, wardrobes, tackboards, LED tasklights, storage cabinets, conference tables, and seating options. The scope of work also includes assembly and installation.

Issues/Analysis:

The Colton Police Department’s current office furniture is decades old, heavily worn, and no longer functional for the needs of a modern law enforcement agency. Many of the existing desks, chairs, and storage units are outdated, lack ergonomic design, and have limited capacity to support today’s technology and operational requirements. This project is intended to replace these obsolete pieces with modern, standardized workstations that improve efficiency, maximize office space, and enhance the overall functionality for staff in multiple areas of the department,

Page 683 of 688 ends

including the administrative offices, I.T. room, report writing room, and the watch commander’s office.

Nexus Office Environments, Inc. has been identified as the vendor best suited to provide this solution. They are an authorized distributor of the JSI “Vision” and “Arwyn” desk systems, which were selected for their quality, flexibility, and durability in public safety environments.

The proposed furniture package is comprehensive, including executive desks, adjustable-height case goods, storage cabinets, wardrobes, task lighting, conference tables, and seating. The vendor’s quote also includes professional assembly and installation services to ensure proper configuration and long-term stability.

The total cost of the project is $113,647.97, which incorporates all taxable items, sales tax, freight, and assembly. Nexus requires a 50% deposit upon order placement, with the remaining balance due upon completion of delivery and installation. Lead time for delivery is estimated at six to eight weeks. Low-voltage cabling and electrical hard-wiring are excluded from the vendor’s scope.

In accordance with Colton Municipal Code §3.08.140, “Exceptions to Competitive Bidding – Non-Public Projects (C),” this purchase qualifies for exemption from competitive bidding as it has utilized Omnia Partners (Contract #R240107) to complete the competitive bidding process.

Fiscal Impacts:

Sufficient appropriations for the purchase are available in the adopted FY2025-26 budget in General Fund Police Administration Office Equipment Account # 100-6070-6071-4900-0000- 000.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. Colton PD Office Space Project 1862 8-26-25

Page 684 of 688 ends

Quotation
www.nexusoe.com Nexus Office Envionments Inc. | 440 E Route 66 | Glendora, CA 91740 USAPage 1 of 4 Bill to: Ship to: Totals:

Total nontaxable
650 N La Cadena Dr. Total taxable
Colton, CA 92324 Tax

USA USA TOTAL AMOUNT
Information
1862 Description:
8/25/25 Lead Time:

Net 30 Contract:
9/24/25
Team
T
LineItem Number Description Tag QuantityList PriceUnit Price ExtendedDiscount 1 BU7511D Bourne Guest Chair -
Single Textile

2.00 $1,892.00$934.65 $1,869.3050.60%T
2 KN3001UUSC Knox Straight Arm Chair
with Casters - All Uph.

10.00 $961.00$474.74 $4,747.4050.60%T
3 GV1723 Garvey R5 - R5 Back
Style Management
Adjustable Mid Back- 25d
x 30w x 38-43.5h

12.00$1,769.00$873.89 $10,486.6850.60%T
4 VST3072-U42AHBRVision Adjustable
Casegood - L Shaped
30" Break Front Desk And
42" Bridge - 72d x 72w x
29-1/2-49-1/8h

1.00 $6,943.00$3,429.85 $3,429.8550.60%T
5 VST3072-U42AHBLVision Adjustable
Casegood - L Shaped
30" Break Front Desk And
42" Bridge - 72d x 72w x
29-1/2-49-1/8h

1.00 $6,943.00$3,429.85 $3,429.8550.60%T
6 VST2472RC Vision 24 x 72 File/File
Pedestal Credenza, Right

1.00 $1,775.00$876.85 $876.85 50.60%T
7 VST2472LC Vision 24 x 72 File/File
Pedestal Credenza, Left

1.00 $1,775.00$876.85 $876.85 50.60%T
8 VST2436SC Vision 24 x 36 Two Door
Credenza

2.00 $1,643.00$811.65 $1,623.3050.60%T
9 VST2436-84W Vision 24d x 36w x 84h
Wardrobe

1.00 $3,275.00$1,617.85 $1,617.8550.60%T
10VST2430-72WR Vision 24d x 30w x 72h
Box/Box/File Storage
Wardrobe - Right

1.00 $3,743.00$1,849.05 $1,849.0550.60%T
11VST2430-72WL Vision 24d x 30w x 72h
Box/Box/File Storage
Wardrobe - Left

1.00 $3,537.00$1,747.28 $1,747.2850.60%T
12VST1672SO Vision 72w Storage
Overhead Cabinet w/Four
Doors

2.00 $1,946.00$961.33 $1,922.6650.60%T
13VSB7242TKB Vision 70 1/8w x 41 1/8h
Tackboard

2.00 $699.00$345.31 $690.62 50.60%T
14VSB7223TK Vision 70 1/8w x 23h
Tackboard

2.00 $530.00$261.82 $523.64 50.60%T
15TL45LEDF Flux 45w LED Tasklight 2.00 $311.00$153.64 $307.28 50.60%T Colton PD
Sarah Whatley
Payment terms:

Expiration date:

Quote
Colton PD
650 N La Cadena Dr.

Colton, CA 92324
Sarah Whatley
Document date:

Sales representative:

Sales coordinator:

Chuck Asiodu [email protected] 909-573-7750

$0.00
$104,503.88
$9,144.09
$113,647.97
JSI Desking
6-8 Weeks
Scope of Work

Page 685 of 688 ends

Quotation
www.nexusoe.com Nexus Office Envionments Inc. | 440 E Route 66 | Glendora, CA 91740 USAPage 2 of 4 16VST3072AHRD Vision Adjustable
Casegood - Single
Pedestal Desk - Break
Front - 30d x 72w x 29-
1/2-49-1/8h

1.00 $5,459.00$2,696.75 $2,696.7550.60%T
17VST3072AHLD Vision Adjustable
Casegood - Single
Pedestal Desk - Break
Front - 30d x 72w x 29-
1/2-49-1/8h

1.00 $5,459.00$2,696.75 $2,696.7550.60%T
18VST2446AHB-E Vision Laminate Adj Hgt
Bridge/Table - Ext Range -

1.00 $1,629.00$804.73 $804.73 50.60%T
19VST2442AAERR Vision Fixed File/File
Return For Adj Ht Desk -
24d x 42w x 29 1/2h

1.00 $1,288.00$636.28 $636.28 50.60%T
20VST2442AAELR Vision Fixed File/File
Return For Adj Ht Desk -
24d x 42w x 29 1/2h

1.00 $1,288.00$636.28 $636.28 50.60%T
21VST2418-72HR Vision 24d x 18w x 72h
Storage Cabinet - Right

1.00 $1,867.00$922.30 $922.30 50.60%T
22VST2418-72HL Vision 24d x 18w x 72h
Storage Cabinet - Left

1.00 $1,867.00$922.30 $922.30 50.60%T
23VST1642WSOR Vision 16d x 42w x 17
1/2h Wall Mount
Overhead Cabinet
w/Three Doors - Right

2.00 $1,241.00$613.06 $1,226.1250.60%T
24VSB4222WT Vision 41 3/4w x 21 1/2h
Wall Mount Tackboard

2.00 $362.00$178.83 $357.66 50.60%T
25TL27LEDF Flux 27w LED Tasklight 2.00 $241.00$119.06 $238.12 50.60%T 26VST3672RT Vision 36d x 72w
Racetrack Conference

1.00 $1,236.00$610.59 $610.59 50.60%T
27VST3672AHDD Vision Adjustable
Casegood - Double
Pedestal Desk - Break
Front - 36d x 72w x 29-
1/2-49-1/8h

1.00 $5,911.00$2,920.04 $2,920.0450.60%T
28VST2472SC Vision 24 x 72 Storage
Credenza

1.00 $2,871.00$1,418.28 $1,418.2850.60%T
29VST2428EBA Vision 9d x 24w Ellipse
Base with Access Panel

2.00 $1,355.00$669.37 $1,338.7450.60%T
30VST2418-72HR Vision 24d x 18w x 72h
Storage Cabinet - Right

1.00 $1,911.00$944.04 $944.04 50.60%T
31AWV0018-19RDWLArwyn Round Side Table -
Wood Legs - 18d x 18w x

1.00 $1,461.00$721.74 $721.74 50.60%T
32AW6010 Arwyn Single Seat
Lounge, Small Scale -
Cushion Back - 29 1/2d x
30w x 29 1/2h

2.00 $3,290.00$1,625.26 $3,250.5250.60%T
33ZVST3672BCD Vision 16 1/4d x 36w x
72h Bookcase w/Bottom

2.00 $2,448.00$1,209.32 $2,418.6450.60%T
34ZVST3072-U42AHBRVision Adjustable
Casegood - L Shaped
30" Break Front Desk And
42" Bridge - 72d x 72w x
29-1/2-49-1/8h

2.00 $8,211.00$4,056.24 $8,112.4850.60%T
35VST2436-42LF Vision 24d x 36w x 42
3/4h 3-Drawer Lateral File

3.00 $2,161.00$1,067.54 $3,202.6250.60%T
36VST2430SC Vision 24 x 30 Two Door
Credenza

1.00 $1,397.00$690.12 $690.12 50.60%T
37VST2018-72WR Vision 20d x 18w
Wardrobe - Right

1.00 $1,800.00$889.20 $889.20 50.60%T
38VST1620SK Vision Hanging Bar to
Shelves Conversion Kit

1.00 $567.00$280.10 $280.10 50.60%T
39VST48TT Vision 48 dia. Round
Conference Table Top

1.00 $1,024.00$505.86 $505.86 50.60%T
40ZVST3072-U42AHBRVision Adjustable
Casegood - L Shaped
30" Break Front Desk And
42" Bridge - 72d x 72w x
29-1/2-49-1/8h

1.00 $8,211.00$4,056.24 $4,056.2450.60%T
41VST24RBA Vision 24 dia. Cylinder
Base with Access Panel

1.00 $1,351.00$667.40 $667.40 50.60%T

Page 686 of 688 ends
← All documents from this meeting