Colton City Council
December 16, 2025

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or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

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

3.5.3 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, Contractor 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 Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

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

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

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

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

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Agreement on behalf of the CUA or another third party contracted by the CUA for the maintenance, management and operation of the Water Enterprise and/or Wastewater Enterprise.

3.5.8 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 Contractor include all personnel, employees, agents, and subcontractors of Contractor, 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.

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

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

3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.12 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.

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

3.5.14 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.

3.5.15 Authority to Enter Agreement. Contractor 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.

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

3.5.17 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.

[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND DM CONTRACTING, INC.

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the _________ day of __________________, 2025.

CITY OF COLTON DM CONTRACTING, INC.
a Corporation

By: ____________________________ By: _________________________ William R. Smith David S. Magana
City Manager President

Attest:

____ By: _________________________
Isaac T. Suchil Name:

City Clerk Title:

Recommended for Approval:

_________________________
Executive Director
Colton Utility Authority

Approved as to Form:

______________________________
Best Best & Krieger LLP
City Attorney

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Exhibit A-1

EXHIBIT “A”

SCOPE OF SERVICES

On call Pavement and Patch Repairs for Water and Wastewater projects. Contractor hereby proposes to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the On- call/As-needed Pavement Patch repairs for Water and Wastewater Projects per the bid provided on October 30, 2025.

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Exhibit B-1

EXHIBIT “B”

SCHEDULE OF SERVICES

Services will be provided on an as-needed basis for the period ____________, 2025 through June 30, 2026. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. If the City chooses to extend the Agreement, the City will provide written notice to the Contractor thirty (30) days prior to the end of the Agreement term.

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Exhibit D-1

EXHIBIT “C”

COMPENSATION

The Services for this Agreement shall be compensated at the rates set forth below. The total amount of compensation for this Agreement shall not exceed Fifty Hundred Thousand Dollars and Zero Cents ($500,000).

• Water Department $400,000
• Wastewater Department $100,000
-----------
$500,000
Asphalt Patch – Arteral Roads – High Traffic (Per Location) 25 thru 200 Sq Ft. Per Std 124 with 6-inch thick Class II Base - $28.54 per Sq. Ft. 201 thru 1000 Sq Ft. Per Std 124 with 6-inch thick Class II Base - $19.00 per Sq. Ft.

Asphalt Patch – Residental (Per location)
25 thru 200 Sq Ft. Per Std 124A without Class II Base - $28.54 per Sq. Ft. 201 thru 1000 Sq Ft. Per Std 124A without Class II Base - $19.00 per Sq. Ft.

Minor Concrete (Per Location)
Remove and Replace Residential Sidewalk Per City Standard 108/109 $15.00 per Sq. Ft.

Install Curb and Gutter Per City of Colton Std. 106 $65.72 per LF.

Install Curb only Per City of Colton Std. 106 $55.00 per LF.

Specific Location Asphalt Repair (One-Time)
Pennsylvania Ave & Martin Ave Intersection repair per Detail “A” $19,756.60 Rancho Ave Grind & Overlay Per Detail “B” $16,252.00

One Hundred Fouty Six Thousand
One Hundred Ninety Dollars and Sixty Cents
$146,190.60

$28.54
$19.00
$28,540.00
$19,000.00
$11.42
$19,756.60
$4.00
$16,252.00
$15,070.00
$15.07
$20.50
$20,500.00
$65.72
$15.00
$15,000.00
$6,572.00
$55.00
$5,500.00
146,190.60
One Hundred Fouty Six Thousand One Hundred Ninety Dollars and Sixty Cents

Item: 5.

Staff Report

Meeting Date: December 16, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Contract Award - J. Peace Builders Inc. - Approve Award of Contract to J. Peace Builders, Inc. as the Lowest Responsive and Responsible Bidder for the Fire Station 214 Restroom Remodel Project in the Amount of $121,500.

Recommended Action:

Staff recommends that the City Council authorize the award of contract to J. Peace Builders, Inc. as the lowest responsive and responsible bidder for the Fire Station 214 Restroom Remodel Project in the amount of $121,500 and authorize the City Manager to execute the contract agreement.

Background:

Fire Station 214 is located along Meadow Lane in the Cooley Ranch area. The fire station was built in 1989 and there has been no significant renovation since then. The scope of the Fire Station 214 Restroom Remodel Project includes installation of partitions, replacement of flooring and wall tiles, replacement fixtures such as sinks, shower valves/heads, toilets, vanity, faucets and lighting, and painting. Toilets and one shower stalls will meet American with Disabilities Act (ADA) standard. The detailed scope of the project is shown on the attached project plans.

Issues/Analysis:

In accordance with Colton Municipal Code (CMC) Section 3.08.090, a request for Notice Inviting Formal Bids was published in The Press Enterprise on September 26, 2025, and October 3, 2025. Bids were opened on October 22, 2025, and staff received the following bids:

Contractor Bid Amount

1. J. Peace Builders, Inc. $121,500.00

2. R Dependable Construction, Inc. $127,790.00

3. Co Brothers LLC $129,000.00

4. HIS Construction Company $149,508.66

Staff reviewed and evaluated submitted bids and J. Peace Builders, Inc. is the apparent low bidder. J. Peace Builders, Inc. completed projects in the cities of San Bernardino and Loma Linda, and several privately owned projects. Staff recommend awarding the attached construction contract for the Fire Station 214 Restroom Remodel Project to J. Peace Builders, Inc. as the lowest responsive and responsible bidder in the amount of $121,500.

Fiscal Impacts:

Sufficient appropriations for the J. Peace Builders, Inc. contract for the Fire Station 214 Restroom Remodel Project in the amount of $121,500, are available the FY2025-26 adopted budget in Building Maintenance Capital Outlay Building Account No. 605-6150-6211-4950- 0000-000.

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. Project Plan - Fire Station 214 Restroom Remodel

2. Construction Contract - J. Peace Builder Inc.

09/22/25

CONTRACT
1 CITY OF COLTON

SHORT FORM CONSTRUCTION CONTRACT
FIRE STATION 214 RESTROOM REMODEL

1. PARTIES AND DATE.

This Contract is made and entered into this 17th day of December, 2025 by and between the City of Colton, a municipal corporation organized under the laws of the State of California with its principal place of business at 650 North La Cadena Drive, Colton, California 92324, County of San Bernardino, State of California (“City”) and J. Peace Builders, Inc., a corporation with its principal place of business at 414 E Rialto Ave., Ste. B, San Bernardino, CA 92408 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

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

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract.

Contractor represents that it is duly licensed and experienced in providing removing and installing restroom fixtures, tiling, shower construction, waterproofing and painting and related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: Class B

2.3 Project. City desires to engage Contractor to render such services for the Fire Station 214 Restroom Remodel (“Project”) as set forth in this Contract.

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

3. TERMS

3.1 Incorporation of Documents . This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
• Addenda
• Change Orders executed by the City
• 2021 Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid

CONTRACT
2 3.1.1 Precedence. To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work, standar d plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.

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

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

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

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

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

CONTRACT
3 3.2.2 Substitutions/”Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprieta ry name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “ or equal” material, process or article no later than thirty-five (35) days after award of the Con tract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “ or equal ” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including t he signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Condi tions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.3 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Work under this Contract within 40 working days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City . Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion sc hedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of One-Thousand Dollars ($1,000) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

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

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

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

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

3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contr act, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below-referenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contrac tor the Total Contract Price of One Hundred Twenty One Thousand Five Hundred Dollars and No Cents ($121,500.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

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

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

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

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

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

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

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

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

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

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

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

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

3.8 Labor

3.8.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., ( “Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Work is being performed as part of an applicable “ public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Work available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

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

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

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

A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records

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

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

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

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

3.9 Performance of Work; Jobsite Obligations.

3.9.1 Water Quality Management and Compliance.

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

3.9.1.2 Compliance with the Statewide Construction General Permit .

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

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8 the Permit, the City will use reasonable efforts to assist Contractor in filing the Notice of Intent when the City's participation is required by the Permit.

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

3.9.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.

3.9.1.5 Liability for Non -Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors, officials, officers, employees, volunteers and agents for any alleged violations of this Section 3.9.1.5, including the Permit or any of the laws, rules, regulations and policies provided for herein. . In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

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

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

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

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9 3.9.3 Laws and Regulations . Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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

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

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

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

3.9.8 Air Quality.

3.9.8.1 Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management

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

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

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

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

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

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

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

3.11 Claims; Government Code Claim Compliance.

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

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

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

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

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

3.11.2.4 City’s Response. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement. (1) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within

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12 the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45 -day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
(2) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.
(3) The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

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

3.11.2.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. (1) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
(2) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (3) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(4) The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work,

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13 whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
(5) If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.11.2.7 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this section:
(1) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
(2) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Di scovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. (A) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

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

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

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

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

3.13 Indemnification.

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

3.13.2 Additional Indemnity Obligations . Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its of ficials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees.

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

3.14 Insurance.

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

3.14.2 Minimum Requirements . Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to

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15 property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same ins urance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

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

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

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

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

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

3.14.3.1 General Liability . The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the Services or ongoing and completed operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials,

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16 officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self -insurance shall be called upon to protect it as a named insured. Any insurance or self -insurance maintained by the City, its directors, officials, officer s, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.14 .2.2, any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.14.3.1.

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

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

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

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

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

3.14.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers,

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17 employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits.

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

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

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

3.14.10 Subcontractors. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Contract until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad. In addition, Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

3.14.11 Reporting of Claims . Contractor shall report to the City , in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.15 Bond Requirements.

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

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

3.15.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City . In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City , and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any

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

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

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

For any Work so corrected, Contractor ’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessar y to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City , regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City . In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor ’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.17 Employee/Labor Certifications.

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

3.17.2 Equal Opportunity Employment . Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the

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19 State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

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

3.18 General Provisions.

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

3.18.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor ’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site.

Arrangements for responsible supervision, acceptable to the City , shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.18.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate this Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offse t City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. The City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Work, including, without limitation, any overhead and profit on the portion of t he Work that is terminated and shall not be entitled to damages or compensation of any kind or nature for termination of Work.

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

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

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

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

CONTRACTOR:

J. Peace Builders, Inc.
414 E Rialto Ave., Ste. B
San Bernardino, CA 92408
Attn: Johnathan Peace, Chief Executive Officer
CITY:

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

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

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

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

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

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

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

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

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

3.18.15 Certification of License.

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

3.18.15.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Regist rar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.

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

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

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

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

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22 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE CITY OF COLTON
AND J. PEACE BUILDERS, INC.

IN WITNESS WHEREOF, the Parties have entered into this Contract as of the 17 th day of December 2025.

CITY OF COLTON J. PEACE BUILDERS, INC.

A CORPORATION

By: ____________________________ By: _________________________ William R. Smith Johnathan Peace
City Manager Chief Executive Officer

Attest:

____ By: _________________________
Isaac T. Suchil
City Clerk

___1073588 – Class B_________________
Contractor’s License Number/Classification

___1001137920______________________
DIR Registration Number

Approved as to Form:

______________________________
Best Best & Krieger LLP
City Attorney

CONTRACT
23 EXHIBIT “A”

SERVICES / SCHEDULE

THE SERVICES TO BE PERFORMED ARE SPECIFIED ON PROJECT PLAN NO. 10652 DATED 9/22/25 AND CONTRACT DOCUMENTS AND SPECIFICATIONS DATED 9/23/25. A

DETAILED PROJECT SCHEDULE WILL BE SUBMITTED UPON ISSUANCE OF NOTICE TO PROCEED AND SERVICES SHALL BE COMPLETED IN 40 WORKING DAYS.

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24 EXHIBIT “B”
PLANS

PROJECT PLAN NO. 10652 DATED 9/22/25

CONTRACT
25 EXHIBIT “C”

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

LABOR CODE CERTIFICATION
26 EXHIBIT “D”

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

J. Peace Builders, Inc.

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

CONTRACTOR REGISTRATION CERTIFICATION
27 EXHIBIT “E”

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

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

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

DIR Registration Number:

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

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

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

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

Name of Contractor:____________________
Signature:

Name and Title:

Dated:

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

PERFORMANCE BOND
28 EXHIBIT “F”

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Colton (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for Fire Station 214 Restroom Remodel (hereinafter referred to as the “Project”).

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

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

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

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

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

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

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

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

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

Remainder of This Page is Intentionally Left Blank

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

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

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

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

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

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

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

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

appeared , who proved to me on the basis of satisfactory

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

TECHNICAL PROVISIONS
32 PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Colton (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20 ____has awarded to ________________ hereinafter designated as the “ Principal,” a contract for the work described as follows: Fire Station 214 Restroom Remodel (the “Project”); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

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

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

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

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for

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

The Remainder of this Page is Intentionally Left Blank

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

(Corporate Seal) Surety
By

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

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

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

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

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

appeared , who proved to me on the basis of satisfactory

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

Item: 6.

Staff Report

Meeting Date: December 16, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Carlos Campos, City Attorney
Item Name: Franchise Fee Amendment - Approve a Resolution Restructuring the Franchise Fee Imposed on CR&R Relating to the Provision of Solid Waste Service as a Result of New Law and Taking Other Actions Reacting Thereto, Resolution No. R-101-25.

Recommended Action:

It is recommended that the City Council adopt Resolution No. R-101-25, restructuring the Franchise Fee imposed on CR&R relating to the provision of solid waste services as a result of new law, effective January 1, 2026, directing the City Manager to execute an Amendment to the Franchise Agreement to reflect such restructuring, and taking other actions relating thereto.

Background:

The City provides solid waste service within its jurisdiction through the grant of an exclusive franchise to CR&R, Incorporated (“CR&R”) pursuant to an Amended and Restated Franchise Agreement (as amended from time to time). The City also incurs costs for provision of services, as well as for the grant of the exclusive right to encumber or block public rights-of-way for the purpose of providing solid waste service within the City. Further, the City incurs significant cost associated with impacts on local roads from heavy trash and garbage trucks traversing City streets.

Historically, the City recovered the cost of the services provided, impacts to local roads, and exclusive use of tangible City property through imposing a number of fees on CR&R pursuant to the Franchise Agreement. These fees included (a) a 15% franchise fee, (b) a $210,000 Street Sweeping Fee, (c) a $120,000 Admin Fee, and (d) a $80,000 Tree Trimming Fee (collectively, the “Franchise Fee”). Together, the Franchise Fee reimbursed the City’s General Fund for costs incurred for services provided, impacts to local roads, and the value of the exclusive use of tangible City property.

In 2022, the California Supreme Court ruled in Zolly v. City of Oakland that fees imposed under a franchise agreement, such as the Franchise Fee, must fall within at least one of the seven

exemptions to the definition of a “tax” listed in article XIII C, section 1(e) of the California Constitution. These provisions were added to the California Constitution in 2010 as a part of Proposition 26. Under Zolly, a franchise fee could be exempt from the definition of a tax if it did not exceed the cost of providing the privilege, benefit, service, or product to the franchise.

Additionally, a franchise fee could be exempt if it reflects the reasonable value of tangible physical property that the franchise has an exclusive right to use.

As a result of Zolly, the City retained R3 Consulting to conduct a franchise fee analysis (“Study”). The Study identified that under the limitations set forth in Zolly, the City could recover approximately $2.7 Million annually total through the Franchise Fee, including $1,122,133 for City costs, $1,155,697 for impacts to local roads, and $437,432 as compensation for exclusive rights to block City public rights-of-way. This exceeded the amount the City collected through its Franchise Fee, which was approximately $2.3 Million in Fiscal Year 2023-

24. Meanwhile, Vehicle Code section 9400.8, which is part of a statutory scheme governing weight- based fees for commercial vehicles, includes broad language prohibiting fees imposed for the privilege of using local roads. The language of section 9400.8 does not explicitly prohibit fees for cost-recovery, such as a proportional allocation of cost to repair local roads due to damage caused by heavy solid waste vehicles. Additionally, section 9400.8 was adopted in 1989/90, and subsequent binding case law interpreting Proposition 218 held that public agencies could in fact recover the cost of impacts to local roads through property-related fees such as solid waste fees.

However, no case had explicitly considered section 9400.8 in light of Proposition 218.

Earlier this year, the California Court of Appeal held in Rogers v. City of Redlands that Vehicle Code section 9400.8 prohibits a city from recovering the proportional share of the cost for repairing local roads through solid waste rates. The California Supreme Court declined to review this case in late August of 2025, meaning that the appellate decision in Rogers is binding on the City. As a result, the City must now adjust its Franchise Fee structure to account for the binding precedent created by the Rogers decision, which prohibits further collection of pavement impact costs.

Issues/Analysis:

The attached Resolution limits the City’s ability to collect Franchise Fees to amounts legally authorized under Proposition 218, as set forth in the Study or a subsequent study or analysis, and takes into account the prohibition on the collection of pavement impact costs announced by Rogers. Specifically, the Resolution would limit future collection of the Franchise Fee to the lesser of the amounts authorized in the Franchise Agreement, or the sum of the legally authorized collectable amounts set forth in the Study or a future rate study or analysis. Currently, the limitation shall be $1,559,565, provided this number may be adjusted in the future pursuant to a subsequent rate study or analysis, or if there is a subsequent change in law that allows the City to recover the costs associated with road impacts. To the extent the City collects amounts in excess of the legally authorized amounts described above, such excess shall be held in reserve and credited toward rates for solid waste service in the subsequent year. The Resolution further authorizes the City Manager to enter into an amendment with CR&R to effectuate these changes without a need to return to the City Council for final approval.

These changes would take effect for services beginning January 1, 2026.

ENVIRONMENTAL DETERMINATION

These actions are not subject to the requirements of the California Environmental Quality Act (“CEQA”). The approval of the resolutions it is not a “project” within the meaning of 14 CCR Section 15378 (“State CEQA Guidelines”) because it has no potential for resulting in direct or indirect physical change in the environment.

Fiscal Impacts:

The City collected $2.3 Million in Franchise Fees in Fiscal Year 2023-24. Assuming a similar amount collected in subsequent years, in the immediate term, the Resolution would result in a reduction of approximately $740,000 in revenues. This number may fluctuate due to a number of factors, including the results of a future rate study or analysis, or a change in law that again authorizes the City to collect revenue to reimburse the General Fund for the impacts to local roads.

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. Resolution Amending Franchise Fee (2025) - Colton-c1

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RESOLUTION NO. R-101-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON

RESTRUCTURING THE FRANCHISE FEE IMPOSED ON CR&R

RELATING TO THE PROVISION OF SOLID WASTE SERVICE AS A
RESULT OF NEW LAW, EFFECTIVE JANUARY 1, 2026, DIRECTING

THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE

FRANCHISE AGREEMENT TO REFLECT SUCH RESTRUCTURING,

AND TAKING OTHER ACTIONS RELATING THERETO
WHEREAS, the City of Colton (“City”) entered into that certain Amended and Restated Agreement for Collection of Municipal Solid Waste between Colton and Republic Services of Southern California, LLC, as amended from time to time (the “Franchise Agreement”); and

WHEREAS, the Franchise Agreement was subsequently assigned to and assumed by CR&R, Incorporated (“CR&R”); and

WHEREAS, the Franchise Agreement grants CR&R the exclusive right to collect and dispose of municipal solid waste within the City; and

WHEREAS, the City is responsible for services and incurs costs necessary for the provision of solid waste services within the City, including ensuring rights -of-way are trimmed and maintained to allow for access of solid waste vehicles on City streets ; providing for the exclusive use of property necessary for solid waste collection; collecting of spilled or illegally disposed solid waste ; providing administrative staff and services for management, administration, regulatory compliance, enforcement, and other obligations associated with CR&R’s activities in the City (“City Costs”); and

WHEREAS, the City incurs annual costs for repair, maintenance, and rehabilitation of local roads and streets (“ Pavement Impact Costs ”), and a significant portion of such Pavement Impact Costs are attributable to heavy solid waste vehicles traversing and damaging the City’s streets; and

WHEREAS, in addition, CR&R owns and provides customers physical containers for the purpose of solid waste pickup and collection within the City, which are necessary for the collection and disposal of solid waste within the City; and

WHEREAS, the Franchise Agreement grants CR&R the exclusive authority to obstruct the City’s curbs, which are a part of the public right -of-way, with CR&R’s containers for a period of up to 24 hours (“Property Use”); and

WHEREAS, the City charges CR&R a franchise fee in order to recover the City Costs, the Pavement Impacts, and the value of the exclusive right to use physical City property (“Property Use Charge”), which comprises a number of components including:
15% of the amount billed to customers, either by the City or CR&R , a $210,000 Street Sweeping Fee, a $120,000 Admin Fee, and a $80,000 Tree Trimming Fee (collectively, the “Franchise Fee”); and

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WHEREAS, the City collected approximately $2,094,259 in Franchise Fees in Fiscal year 2022-23, and approximately $2,293,227 in Fiscal year 2023-24; and

WHEREAS, in 2022, the California Supreme Court ruled in Zolly v. City of Oakland (“Zolly”) that the City must demonstrate that its F ranchise F ee is supported by cost incurred by the City on behalf of the Franchise Agreement, as well as the value for tangible property used exclusively by CR&R; and

WHEREAS, consequently, the City retained R3 Consulting Group, Inc. to provide a Solid Waste Franchise Fee Study (“Study”), a copy of which is on file with the City Clerk and incorporated herein by this reference, to quantify the City Costs, the Property Use Charge, and the Pavement Impact Costs; and

WHEREAS, the Study identified that for the test year of Fiscal Year 2023 -24, the City incurred $1,122,133 for City Costs and $1,155,697 for Pavement Impact Costs; and

WHEREAS, the Study further demonstrated that the reasonable value of the exclusive use of tangible City property (i.e. obstructing the public -of-way) was $437,432, all as explained in great detail in the Study, totaling an authorized annual recovery of $2,715,263 based on Fiscal Year 2023-24 numbers; and

WHEREAS, the authorized amount to be collected by the Franchise Fee exceeds the actual amount charged by $422,036 for Fiscal Year 2023-24; and

WHEREAS, on June 30, 2025, the California Court of Appeal issued its final decision in Rogers v. City of Redland (“Rogers”), which interpreted Vehicle Code section 9400.8 to prohibit a local agency from recovering the costs of local road impacts attributable to solid waste vehicles; and

WHEREAS, Rogers was subsequently appealed to the California Supreme Court, and the California Supreme Court denied review on August 20, 2025; and

WHEREAS, Rogers reflects a change in the law governing the ability for the City to collect the previously authorized Franchise Fee, and therefore necessitates an amendment to the Franchise Agreement to reflect the new law; and

WHEREAS, the City Council now desires to amend the Franchise Fee to collect only those amounts legally authorized as a result of Rogers, and to direct and authorize the City Manager to take all actions necessary to amend the Franchise Agreement to reflect such change.

BE IT NOW THEREFORE RESOLVED AS FOLLOWS:

SECTION 1. The recitals set forth above are true and correct, and by this reference incorporated herein.

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SECTION 2. Effective January 1, 2026, t he City shall limit collection of the Franchise Fee to an amount necessary to recover the City’s Costs and the Property Use Charge as set forth in the Study, and as may be amended from time to time, and shall cease collecting the Franchise Fee to recover t he Pavement Impact Costs, provided the City may resume recovering Pavement Impact Costs in the future should the City determine in its sole discretion that the collection of Pavement Impact Costs become legally availa ble to the City. For example, and without limitation, the City may resume collection the Pavement Impact Costs should subsequent case-law supersede Rogers, or if new statutory authority is adopted by the Legislature that authorizes collection of Pavement Impact Costs.

SECTION 3. Based on the Study, the total amount the City can collect through the Franchise Fee shall be $1,559,565, provided such number may be adjusted pursuant to a new or updated Franchise Fee Study that identifies either increased City Costs, increased Property Use Charge, or other legally authorized amounts to be collected, subject to the limitations set forth in applicable law including articles XIII C and XIII D of the California Constitution. To the extent the City collects Franchise Fees in excess of the amount authorized in the Study or a subsequent study, such amounts shall be held on reserve and credited toward rates for solid waste service in the subsequent year. In no event shall the City be authorized to collect Franchise Fees in excess of the maximum amounts set forth in the Franchise Agreement, as it may be amended from time to time.

SECTION 4. The City Council hereby directs and authorizes the City Manager to execute an amendment to the Franchise Agreement memorializing such change s, providing such amendment shall be made effective as of January 1, 2026 . The approval of this Resolution and grant of authority to the City Manager herein shall constitute the City Council’s approval of the amendment to the Franchise Agreement, and the City Council shall not be required to provide any additional approval to effectuate this amendment to the Franchise Agreement.

SECTION 5. Nothing contained herein shall limit or prevent the City Council from collecting any legally authorized amounts under the Franchise Agreement or through the Franchise Fee, including collection of Pavement Impact Costs in the future should the City Council determine in its sole discretion that the collection of such Pavement Impact Costs become legal as a result of a change of law, as set forth in Section 2 hereof or otherwise.

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SECTION 6. The City Clerk shall certify to the adoption of this Resolution.

SECTION 7. This Resolution shall become effective immediately upon its adoption.

PASSED, APPROVED AND ADOPTED this 16th day of December, 2025.

Frank J. Navarro, Mayor

ATTEST:
________________________
Isaac Suchil, City Clerk

Item: 7.

Staff Report

Meeting Date: December 16, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Notice of Completion - Asphalt Paving Project - Approve the Execution and Recordation of the Notice of Completion for the Fiscal Year 24/25 Asphalt Paving Project.

Recommended Action:

Staff recommends that the City Council approve the execution and recordation of the Notice of Completion for the FY 24/25 Asphalt Paving Project completed by Matich Corporation.

Background:

On May 20, 2025, the City Council awarded a construction contract to Matich Corporation for the FY 24/25 Asphalt Paving Project. This project utilized asphalt paving, asphalt grinding, traffic signal loops, and pavement striping and markings. The streets included in the project were the following:

1. Pavement Rehabilitation: 11th Street - M Street to O Street

2. Pavement Rehabilitation: Berkeley Court - Rosedale Street to End

3. Pavement Rehabilitation: Bordwell Avenue - Olive St. to Olive St.

4. Pavement Rehabilitation: Bordwell Avenue - Citrus Avenue to Johnston Street

5. Pavement Rehabilitation: Cooley Drive - West end to Ashley Way

6. Pavement Rehabilitation: D Street - 9th Street to La Cadena Drive

7. Pavement Rehabilitation: Fairview Avenue - Hillcrest Avenue to Grant Avenue

8. Pavement Rehabilitation: Jantzen Drive -Citrus Avenue to Johnston Street

9. Pavement Rehabilitation: K Street - 3rd St. to 5th

10. Pavement Rehabilitation: La Cadena Drive - I-215 on-ramp to 275 North

11. Pavement Rehabilitation: Laurel Street - Grand Avenue to Pennsylvania Avenue

12. Pavement Rehabilitation: Olive Street - La Cadena Drive. to Bordwell Avenue

13. Pavement Rehabilitation: Pepper Avenue - Randall Avenue to Violet Street

14. Pavement Rehabilitation: Randall Avenue (South side) - Pepper Avenue to West City Limit

15. Pavement Rehabilitation: Rialto Avenue - Citrus Avenue to Johnston Street

16. Pavement Rehabilitation: Riverside Avenue - Citrus Avenue to Johnston Street

17. Pavement Rehabilitation: Shasta Drive/Scenic Drive - Mt. Vernon Avenue to East End

18. Pavement Rehabilitation: Virginia Drive - Citrus Avenue to Johnston Street

19. Pavement Rehabilitation: Alley between Palm Dr. and Olive St. from Larch Ave. to Mt.

Vernon Ave.

20. Pavement Rehabilitation: Alley between W. M St. and W. N St. from La Cadena Dr. to Parking lot.

21. Pavement Rehabilitation: Alley between Valley Blvd. and W. J St. from 4th St. to Pennsylvania Ave.

22. Pavement Rehabilitation: City Hall Parking

Issues/Analysis:

The original project was awarded in the amount of $2,589,244.00. On September 9, 2025, the project incurred a change order in the amount of $25,932.13 making the total cost for the project $2,615,176.13 and ready for a formal closure.

Fiscal Impacts:

There is no additional fiscal impact. The total project cost, including Change Order No. 1, was $2,615,176.13. A breakdown of the total cost and funding sources for the FY 24/25 Asphalt Paving Project is as follows:

Funding Source Account No. Matich. Contract
SB-1 212-2501-6150-
3890-0000-000
$1,283,282.00
Measure I 218-2502-6150-
3890-0000-000
$800,512.76
Host City Fee – Rehab NE
Colton
240-2508-6150-
3890-0000-000
$356,704.00
Host City Fee - City Hall
Parking Lot
240-2509-6150-
3890-0000-000
$73,100.00
Local Traffic Impact Fund 249-2501-6150-
3890-0000-000
$101,577.37
Total $2,615,176.13

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. Exhibit A- Notice of Completion

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO

Name: City of Colton

Street 650 N. La Cadena Drive
Address

City & Colton, California
State California
Zip 92324

SPACE ABOVE THIS LINE FOR RECORDER’S USE
Notice of Completion
NOTICE IS HEREBY GIVEN THAT:

1. The City of Colton is the owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the undersigned is Victor Ortiz, P.E

3. The full address of the undersigned is 650 N. La Cadena Drive, Colton, CA 92324

4. The nature of the title of the undersigned is City of Colton is the owner in fee, of a certain public improvement (E.G. owner in fee OR vender under contract of purchase OR lessee OR OTHER APPROPRIATE DESIGNATION).

5. The full names and full addresses of all persons, if any, who holds title with the undersigned as joint tenants or as tenants in common are:

Names Addresses

N/A N/A

6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to are (OR IF NO TRANSFER WAS MADE, INSERT THE WORD “none”):

Names Addresses

N/A N/A

7. A work of improvements on the property hereinafter described was completed on SEPTEMBER 11, 2025

8. The name of the original contractor, if any, for the work of improvement was MATICH CORPORATION. The kind of work done or material furnished was the FISCAL YEAR 24/25 ASPHALT PAVING.

9. The property on which the work of improvement was completed is in the CITY OF COLTON, County of SAN BERNARDINO, State of California, and is described as follows: ASPHALT PAVING ON VARIOUS CITY STREETS IN COLTON FISCAL YEAR 24/25 ASPHALT PAVING PROJECT.

The street address of the said property is various (APN is not applicable) APN-None

Dated: ______________________________________(Signature) Victor Ortiz, P.E., City Engineer, City of Colton

VERIFICATION
I, the undersigned say:

I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

Executed at _______Colton_________, California, this _____________ day of ___________, 2025.

____________________________________
Victor Ortiz, P.E., City Engineer, City of Colton

Item: 8.

Staff Report

Meeting Date: December 16, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Pre-Qualified List - On-Call Engineering - Approve List of Pre-Qualified Consulting Firms to Provide On-Call Engineering, Construction Management, and Inspection Services.

Recommended Action:

Approve the list of pre-qualified consulting firms to provide on-call engineering, construction management, and inspection services for various maintenance projects or capital improvement projects for Fiscal Years 2025-26 through 2027-28.

Background:

The City is routinely engaged in minor and major maintenance or capital improvement projects that require various levels of expertise to help design, manage, and inspect the proposed work.

While the City does have some staffing to provide subject matter expertise and management of projects, the City will supplement these efforts by hiring outside professional services on a project-by-project basis. To help facilitate this process of acquiring professional services on an on-call basis, the City can establish a pre-qualified list of consultants which can be used as needed and avoids the need for a protracted request for proposal process.

Issues/Analysis:

Staff completed a Request for Qualifications (RFQ) for On-Call Engineering, Construction Management, and Inspection Services for various Capital Improvement Projects (CIP) including but not limited to streets, parks, sewers, water, storm drains, traffic control, building renovations, electrical, seismic, and ADA projects. The RFQ was published on the Bidnet website on September 16, 2025. The purpose of the RFQ was to generate a list of pre-qualified firms that can provide professional services which can be used by staff to obtain proposals on an as-needed basis for design, construction management, and inspection for projects over the next three years. These proposals would then be vetted by staff to determine the appropriate firm to provide said design services. If the cost of the proposal is over $50,000 then staff would bring that proposal to City Council for approval and award of the contract.

A total of 31 proposal packages with qualifications were received on October 9, 2025. Staff reviewed and evaluated the Statement of Qualifications for each submission and developed a list of 19 consulting firms that are qualified to provide the desired professional services for various maintenance or capital improvement projects. Some firms provide a whole slate of services covering engineering, survey, environmental, electrical, traffic, geotechnical, project management, and inspection needs while other firms may specialize in more specific services such as landscape architecture, building architecture, or just inspection services. Staff is recommending that the City Council approve the list of 19 pre-qualified firms with varying professional disciplines that staff can utilize on an as-needed basis for Fiscal Years 2025-26 through 2027-28 (see attached list).

Fiscal Impacts:

There is no financial impact to approving the list of pre-qualified vendors. As a vendor is hired to provide services, the respective Department will be responsible for ensuring funds are available to be allocated at that time.

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. PreQualified List of Professional Service Vendors

LIST OF PRE-QUALIFIED FIRMS

FOR ON-CALL PROFESSIONAL ENGINEERING , CONSTRUCTION

MANAGEMENT, INSPECTION SERVICES FOR VARIOUS MAINTENANCE

PROJECTS AND CAPITAL IMPROVEMENT PROJECTS
FISCAL YEARS 2025-2026 THROUGH 2027-2028

GENERAL ENGINEERING & CONSTRUCTION MANAGEMENT

SERVICES

RKA Consulting Group
398 Lemon Creek Dr, Ste E
Walnut, CA, CA 91789
909-594-9702
[email protected]

HR Green Pacific, Inc.
1260 Corona Pointe Ct, Suite 305
Corona, CA 92879
855-900-4742
[email protected]

NV5, Inc.
7338 Sycamore Canyon Blvd #4
Riverside, CA 92508
858-927-3654
[email protected]

Krieger & Stewart Engineering
Consultants
3890 Orange Street #1590
Riverside, CA 92502
951-684-6900
[email protected]

Tait & Associates, Inc.
701 N Parkcenter Dr. Santa
Ana, CA 92705
714-560-8200
[email protected]

IMEG Corp
901 Via Piemonte, Suite 400
Ontario, CA 91764
909-477-6915
[email protected]

TKE Engineering, Inc.
2305 Chicago Ave
Riverside, CA 92507
951-680-0440
[email protected]

Engineering Resources of Southern
California
1861 W Redlands Blvd
Redlands, CA 92373
909-890-1255
[email protected]

Hunsaker & Associates Irvine, Inc.
2900 Adams St, Suite A-15
Riverside, CA 92504
951-352-7200
[email protected]

GEOTECHNICAL SERVICES

LOR Geotechnical Group, Inc.
6121 Quail Valley Court
Riverside, CA 92507
951-653-1760
[email protected]

Geocon West, Inc.
24711 Redlands Blvd
Loma Linda, CA 92354
909-894-2175
[email protected]

ARCHITECTURE / LANDSCAPE

DESIGN SERVICES

TR Design Group, Inc.
2900 Adams Street, Studio A-400
Riverside, CA 92504
951-742-7179
[email protected]

PBLA Engineering, Inc.
1481 Ford Street., Suite 201
Redlands, CA 92373
888-714-9642

INSPECTION SERVICES

TKE Engineering, Inc.
2305 Chicago Ave
Riverside, CA 92507
951-680-0440
[email protected]

Fountainhead Consulting Corp
7950 Cherry Ave., Suite 103
Fontana, CA 92336
909-730-4913
[email protected]

Z&K Consultants
17130 Va Buren Blvd #122
Riverside, CA 92504
951-310-7470
[email protected]

LAE Associates Inc.
1050 E. Yorba Linda Ave Unit 2101
Placentia, CA, 92870
714-993-2840
[email protected]

Krieger & Stewart Engineering
Consultants
3890 Orange Street #1590
Riverside, CA 92502
951-684-6900
[email protected]

Item: 9.

Staff Report

Meeting Date: December 16, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Charles Berry, Electric Utility Director
Item Name: Purchase - Altec Industries, Inc. - Approve the Purchase of One Altec AT41M Articulating Telescopic Aerial Device.

Recommended Action:

Staff recommends the City Council authorize the purchase of one Altec Industries, Inc. AT41M Articulating Telescopic Aerial Device (bucket truck) for $245,728.19, in accordance with Colton Municipal Code § 3.08.140(N), utilizing the Sourcewell Cooperative Purchasing Contract #110421-ALT.

Background:

The Colton Electric Utility maintains responsibility for the safe and reliable operation of the City’s distribution system, which includes overhead conductors, underground conductors, poles, transformers, switching equipment, and streetlight assets. These essential operations require aerial lift equipment specifically engineered for utility construction and maintenance environments, where crews regularly work at elevated heights, handle energized hardware, and perform critical system restoration during storm response and emergency outage events.

The aerial lift truck currently assigned to the Transmission & Distribution Division is a 2015 model year vehicle, and although it was minimally functional due to its deficient upfitting at the time of acquisition, it has surpassed its expected useful service life and no longer meets the ergonomic, performance, and safety expectations of modern utility field operations. As industry standards have advanced, vehicle design, upfitting technology, and safety requirements have evolved significantly, emphasizing the importance of engineered ergonomics, stabilization systems, compartment organization for tool management, and hydraulic and electrical control precision.

Field crews rely heavily on the ergonomic configuration of aerial lift equipment to support safe work practices, minimize body strain, and reduce injury risk while handling equipment, insulated

tools, and heavy components at elevation. Properly configured utility service bodies and material-handling booms enhance efficiency and safety by reducing unnecessary physical lifting, repetitive strain motions, manual rigging, and climbing in and out of truck beds to access tools and materials. These efficiencies directly support employee wellness, injury prevention, and compliance with Cal/OSHA requirements related to fall protection and elevated work environments.

The existing 2015 unit struggles to meet these modern safety and ergonomic standards due to compartment limitations, restricted material handling capabilities, insufficient reach and boom control precision, and overall equipment wear. It also requires increasing levels of unplanned maintenance, significantly raising the risk of delayed restoration times and potential field safety hazards. Replacement is critical to maintaining operational readiness, enhancing outage restoration performance, and supporting the Utility’s infrastructure hardening initiatives and capital improvement projects.

Issues/Analysis:

The Electric Utility’s existing aerial lift truck, a 2015 model year unit, has reached the end of its expected service lifecycle and no longer supports the operational demands, ergonomic needs, or safety performance required for modern electric utility field work. As the electric system continues to expand, undergo infrastructure hardening initiatives, and experience increased construction and maintenance workloads, the limitations of the current equipment have become more pronounced. These limitations affect productivity, outage duration, crew safety, and the long-term reliability of the City’s electric distribution network.

Safe performance of elevated and energized work requires equipment specifically engineered for utility operations, including material-handling lift capacity, hydraulic boom precision, dielectric isolation components, enhanced stability control, and accessibility to insulated tools and specialized hardware. Improper or outdated equipment design increases ergonomic risk, forcing crews to perform work in compromised positions, lift and maneuver equipment manually, and access tools inefficiently—conditions that elevate the likelihood of injuries and workplace accidents.

The proposed Altec AT41M Aerial Device provides significant operational and safety advantages, including expanded working height capability, material-handling lifting capacity, improved operator control precision, integrated outrigger stability, and optimized compartment storage for utility tools. These improved design features enhance ergonomics by reducing repetitive strain and manual handling, supporting the Utility’s commitment to employee safety, Cal/OSHA compliance, and industry best practices. Additionally, modern equipment contributes to improved outage restoration response times, supporting system reliability and customer expectations.

In addition to performance and safety improvements, replacement of aging fleet assets is consistent with best practices in lifecycle fleet management and capital planning. Continuing to invest in the maintenance of an over-aged aerial platform would not be cost-effective and exposes the City to potential operational disruption due to increased mechanical downtime. By

contrast, acquiring new equipment reduces maintenance and operational expense while ensuring ready availability for critical outage events.

Procurement through Sourcewell Cooperative Contract #110421-ALT provides the lowest responsive pricing option without the need to issue a separate Request for Proposals (RFP), consistent with the City’s purchasing policies and government-approved competitive bidding alternatives. The price quoted by Altec Industries reflects a nationally bid contract with comprehensive features specifically configured to support electric utility line work operations and to ensure the highest standards of operator safety and system performance.

In addition, staff is requesting up to a 10 percent contingency to address supply chain volatility and customary upfitting costs.

Fiscal Impacts:

Sufficient appropriations are available in the adopted FY2025-26 budget in Electric Utility Transmission/Distribution Division Auto Equipment Account Number 520-8000-8004-4910- 0101-000.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. 1811890 - Sourcewell - City of Colton AT41M with Extended Cab (1)

2. 1811890 - WO - City of Colton AT41M with Extended Cab (1)

Quote Number: 1811890
Opportunity Number: 25153725
Sourcewell Contract #: 110421-ALT
Date: 7/24/2025

REFERENCE ALTEC MODEL
Sourcewell
Price
Articulating Telescopic Aerial Device with Material Handling Insulated, 41' $221,241 (A.)
1 AT41M-LE Lifting Eye - lifting eye on underside of lower boom. Rated at 1,000lbs (454kg) lifting capacity. $218
2 (A1.)
1 LIC CA Fee To Process Exempt License Plate Request $139 SOURCEWELL OPTIONS TOTAL: $221,599
(B.)
1 UNIT N/A $0
2 UNIT & HYDRAULIC ACC N/A $0
3 BODY Custom Body ILO Contract $804
4 BODY & CHASSIS ACC Expandable Payout Reel (Hogg and Davis) $2,002 5 ELECTRICAL N/A $0
6 FINISHING N/A $0
7 CHASSIS 2027 Ford F550,6.7L Power Stroke Diesel , 4X4, Extended Cab -$5,806 8 OTHER $0
OPEN MARKET OPTIONS TOTAL: -$3,000
SUB-TOTAL FOR UNIT/BODY/CHASSIS: $218,599.00
Delivery to Customer: $10,225.00
Estimated Taxes (Delivery non-taxable): $18,786.69
CA Tire Tax: $10.50
TOTAL FOR UNIT/BODY/CHASSIS: $247,621.19
(C.)
1 (Optional) Altec Ext Warranty, Travel, Labor, Material and Expense, 5 Year Total (4 Year Extended), Category 2 $7,0602 Altec Industries, Inc.

SOURCEWELL OPTIONS ON CONTRACT (Unit)
SOURCEWELL OPTIONS ON CONTRACT (General)
OPEN MARKET ITEMS (Customer Requested)
ADDITIONAL ITEMS (items are not included in total above) AT41M
Quoted for: City of Colton
**Pricing valid for 45 days**
NOTES
PAINT COLOR: White to match chassis, unless otherwise specified Altec Account Manager: Troy Denzer
PRICING: Altec will make every effort to honor this quotation, subject to the following provisions. Prices for equipment with production start dates 12 months and beyond are considered budgetary due to potential cost inflation, market volatility, and tariff implications. These prices will be reviewed based on market conditions and confirmed closer to the production date. Quotes and orders with chassis model years beyond the current open order bank are estimates only. Altec's turn-key pricing is subject to change based on chassis pricing received from the OEM. Chassis model year, specifications, and price will be reviewed and confirmed when specific model year information becomes available from the OEM, and any chassis price difference, including adjustments for tariffs, will be passed through to the customer.

WARRANTY: Standard Altec Warranty for Aerials and Derricks - One (1) year parts warranty One (1) year labor warranty Ninety (90) TRADE-IN: Please ask your Altec Account Manager for more information CHASSIS: Per Altec Commercial Standard
DELIVERY: TBD Based on availability, FOB Customer Location TERMS: Net 30 days
BEST VALUE: Altec boasts the following "Best Value" features: Altec ISO Grip Controls for Extra Protection, Only Lifetime Warranty on Structural Components in Industry, Largest Service Network in Industry (Domestic and Overseas), Altec SENTRY Web/CD Based Training, Dedicated/Direct Gov't Sales Manager, In-Service Training with Every Order.

TO ORDER: To order, please contact the Altec Account Manager listed above. 1811890 - Sourcewell - City of Colton AT41M

Quote Number: 1811890 - 6
Altec, Inc.

We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929
November 6, 2025
Our 96th Year
Ship To: Bill To:

CITY OF COLTON

UTILITY DIVISION
160 S 10TH ST
COLTON, CA 92324
US
Attn: CHARLES BERRY
Phone: 909-3706196
Email: [email protected]

CITY OF COLTON

FINANCE DEPARTMENT
650 N LA CADENA DR
COLTON, CA 92324
United States
Altec Quotation Number: 1811890 - 6
Account Manager: Troy Dentzer
Technical Sales Rep: Joshua P Wiggins

Item Description Qty Price
Unit

1. Altec Model AT41M Articulating Telescopic Aerial Device with a fiberglass upper boom and fiberglass insulator in the articulating arm and proportional joystick upper controls.

Built in accordance to ALTEC's standard specifications and to include the following features:
1 A. Ground to Bottom of Platform Height: 40.8 feet at 7.3 feet from centerline of rotation (12.45 m at 2.21 m)
B. Working Height: 45.8 feet (13.96 m)
C. Maximum reach to edge of platform with Upper Boom Non- overcenter: 30.1 feet (at 17.3 feet platform height)
D. Upper boom extension: 110 inches
E. Continuous rotation
F. Articulating Arm: Articulation is from -3 to 82 degrees. Insulator provides 19 inches of isolation.

G. Compensation System: By raising the articulating arm only, the telescopic boom maintains its relative angle in relation to the ground. The work position is achieved through a single function operation.

H. Upper Boom: Articulation is from -25 to 85 degrees. The fiberglass section provides a minimum of 10.9 inches of isolation in the upper boom (when retracted and 42.3 inches when extended).

I. Platform leveling is achieved by a hydraulic master-slave leveling system. This lifetime system is very low maintenance.

J. The dielectrically tested, insulating upper control system includes the following boom tip components that can provide an additional layer of secondary electrical contact protection.

Control Handle: A single handle controller incorporating high electrical resistance components that is dielectrically tested to 40 kV AC with no more than 400 microampers of leakage. The control handle is green in color to differentiate it from other non-tested controllers. The handle also includes an interlock guard that reduces the potential for inadvertent boom operation.

Auxiliary Control Covers: Non-tested blue silicon covers for auxiliary controls.

Control Console: Non-tested non-metallic control console plate.

Quote Number: 1811890 - 6
Altec, Inc.

We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929
Item Description Qty Price
Boom Tip Covers: Non-tested non-metallic boom tip covers. The covers are not dielectrically tested, but they may provide some protection against electrical hazards.

K. Hydraulic system: Open center (full pressure), maximum flow 6 GPM, maximum operating pressure 3,000.

L. Dielectric rating: Category C, 46 kV and below
M. Unit is painted with a powder coat paint process which provides a finish-painted surface that is highly resistant to chipping, scratching, abrasion and corrosion.

Paint is electrostatically applied to the inside as well as outside of fabricated parts then high temperature cured prior to assembly ensuring maximum coverage and protection.

N. Manuals: Two (2) Operator's and Maintenance/Parts Manuals. One(1) in printed format and one(1) in electronic format available at connect.altec.com containing instructional markings indicating hazards inherent in the operation of an aerial device.

O. Unit meets or exceeds ANSI 92.2 standards.

2. Pedestal 1

3. Install Boom Mounted Components For Use With Manual Boom Securing System 1

4. Single 1-Man Platform, Fiberglass, 24" x 30" x 42", End Mount, 180 Degree Rotation 1

5. Platform Mounted Single Handle Controls 1

6. Material Handling Jib/Winch, Hydraulically Articulating, Top Mounted, Round (ARM Jib) 1

7. One (1) Platform Step - located on the side of the platform nearest the elbow in the stowed position
1 8. Platform Cover - soft vinyl, 24 x 30 inches (610 x 762 mm) 1

9. Platform Liner, 24 x 30 x 42 inches (610 x 762 x 1067 mm), 50 kV Rating 1

10. Hydraulic Tool Circuit at Platform: One set of quick disconnect couplings at the boom tip for open center tools.
1 11. Engine Start/Stop & Secondary Stowage System: 12 VDC powered motor and pump assembly for temporary operation of the unit in a situation wherein the primary hydraulic source fails. Electric motor is powered by the chassis battery. This feature allows the operator to completely stow the booms, platform, and outriggers. Secondary Stowage & Start/Stop is activated with an air plunger at the platform or momentary switch at the lower control station and outriggers.
1 12. Jib Stick, 36" L, non-extension, non certified, grey in color 1

13. Slip Ring: Required for engine start/stop, secondary stowage system, and throttle control options
1 14. Outriggers, Primary, Modified A-Frame With Integrated Subbase, 30''-34'' Chassis Height, Electric Interlock, No Valves On Legs, 114'' Spread, Fixed Shoe (AT37/41

M/ME/P/PE/S/SE)
1 15. Lifting Eye - lifting eye on underside of lower boom. Rated at 1,000lbs (454kg) lifting capacity.
1

Quote Number: 1811890 - 6
Altec, Inc.

We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929
Item Description Qty Price

16. Winch load line swivel hook 1

17. Altec Unit Powder Painted White 1
Unit & Hydraulic Acc.

18. Scuff Pad 24 x 30 With Step For Use With Platform Liner (U&H Acc) 1

19. Electric Outrigger Controls for one (1) set of outriggers, drive hydraulic outrigger control valves. Durable weather proof sealed electronic switches mounted in aluminum boxes located at the rear of the unit.
1 20. Hydraulic Reservoir, 15 Gallon, with Temp Sight Gauge 1

21. Hydraulic Oil, HVI-22 with Ultraviolet Dye (Standard) 25

22. Standard Pump For PTO 1

23. Electric Shifted PTO 1

24. Standard Altec PTO/Transmission Functionality for Non-Allison Automatic Transmissions:
-PTO will engage when transmission is in park and the Parking Brake is engaged. -If transmission is in gear, and PTO switch is activated, PTO will not engage.

Transmission will remain in gear.
-Once the transmission is shifted back into gear the PTO will disengage. For some truck configurations the PTO switch must be turned off to allow the transmission to shift into gear.
1 25. Standard Parking Brake Machine Interlock: Parking (holding) brake must be set before machine is operable.
1 Body

26. Altec Body 1

27. Predesigned Body With Options 1

28. Steel Body 1

29. Body Is To Be Built In Accordance With The Following Altec Standard Specifications: 1 A. Basic Body Fabricated From A40 Grade 100% Zinc Alloy Coated Steel.

B. All Doors Are Full, Double Paneled, Self-Sealed With Built-In Drainage For Maximum Weather-Tightness. Stainless Steel Hinge Rods Extend Full Length Of Door.

C. Heavy-Gauge Welded Steel Frame Construction.

D. Integrated Door Header Drip Rail At Top For Maximum Weather Protection.

E. Fender Panels Are Either Roll Formed Or Have Neoprene Fenderettes Mechanically Fastened.

F. Steel Treated For Improved Primer Bond And Rust Resistance.

G. Automotive Type Non-Porous Door Seals Fastened To The Door Facing.

H. B-Line Channel Installed In Compartments

Quote Number: 1811890 - 6
Altec, Inc.

We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929
Item Description Qty Price

30. Smooth Galvanneal Steel Floor 1

31. Low-Side General Service With Step (LGSS) 1

32. Finish Paint Body Altec White 1

33. Undercoat Body 1

34. E-Coat Body 1

35. 132'' Overall Body Length 1

36. 94'' Body Width 1

37. 40'' Body Compartment Height 1

38. 20'' Body Compartment Depth 1

39. 5.5 Inch Drop-In Wood Cargo Retaining Board At Rear Of Body 1

40. 5.5 Inch Drop-In Wood Cargo Retaining Board At Top Of Side Access Step 1

41. Adhesive Strip Lighting (LED) Around Top And Sides Of Compartment Door Facings 7

42. Stainless Steel Rotary Paddle Latches With Keyed Locks 7

43. All Locks Keyed Alike Including Accessories (Preferred Option) 1

44. Standard Master Body Locking System 7

45. Gas Prop Rigid Door Holders On All Vertical Doors 1

46. Chains On All Horizontal Doors 1

47. One Chock Holder On Each Side of Body With Retaining Lip In Fender Panel 1

48. Hotstick Shelf Extending Full Length Of Body On Streetside 1

49. Two Hotstick Brackets On Streetside 1

50. Standard Drop-Down Hotstick Door For One (1) Shelf On Streetside, Stainless Steel Slam Paddle Latch With Keyed Lock
1 51. 1st Vertical (SS) - Adjustable Shelf With Removable Dividers On 4'' Centers 2

52. 1st Vertical (SS) - Outrigger Housing, With Outrigger Pin Access As Needed 1

53. 2nd Vertical (SS) - Adjustable Shelf With Removable Dividers On 4'' Centers 2

54. 1st Horizontal (SS) - Fixed Shelf With Removable Dividers On 4 Inch Centers On Bottom of Compartment
1 55. Rear Vertical (SS) - Locking Swivel Hooks On An Adjustable Rail - Left Wall 1

56. Rear Vertical (SS) - Locking Swivel Hooks On An Adjustable Rail - Rear Wall 4

57. Rear Vertical (SS) - Locking Swivel Hooks On An Adjustable Rail - Right Wall 1

Quote Number: 1811890 - 6
Altec, Inc.

We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929
Item Description Qty Price

58. 1st Vertical (CS) - Adjustable Shelf With Removable Dividers On 4'' Centers 2

59. 1st Vertical (CS) - Outrigger Housing, With Outrigger Pin Access As Needed 1

60. 2nd Vertical (CS) - Gripstrut (Preferred) Access Steps w/ Two (2) Sloped Grab Handles, Chain Storage (Keyed Lock)
1 61. 1st Horizontal (CS) - Adjustable Shelf With Removable Dividers On 4'' Centers 1

62. 1st Horizontal (CS) - Fixed Shelf With Removable Dividers On 4 Inch Centers On Bottom of Compartment
1 63. Rear Vertical (CS) - Locking Swivel Hooks On An Adjustable Rail - Left Wall 1

64. Rear Vertical (CS) - Locking Swivel Hooks On An Adjustable Rail - Rear Wall 4

65. Rear Vertical (CS) - Locking Swivel Hooks On An Adjustable Rail - Right Wall 1

66. 29'' L Steel Tailshelf, Width Of Body. Includes Thru Storage With Drop-Down Doors. 1

67. Steel Cross Storage Located Between Tailshelf Floor And Top Of Subbase, With Drop Down Doors And Keyed Latches On Streetside And Curbside, As Wide As Possible 1 68. Smooth Galvanneal Steel Tailshelf 1

69. Custom Steel Ladder Storage
Details:(QUOTED: 132 INCH Enclosed Steel Ladder Box, Vertically Mounted, Roller At Rear, Retaining Chain, 8W x 21H Clear Interior. Typ Mounted At Rear Of Body Along Cargo Wall)
-Vertical Ladder rack to be mounted street side cargo area constructed of three section angle and flat and be enclosed on the cargo side of the rack to prevent items from falling into the rack. To include retainer chain and clasp at the rear to keep ladder from sliding out rear.

Note ladder rack should have a min 21" clear opening between the top of the box and the bottom roller.
1 70. Additional Steel Top Opening Storage Box
Details:
-To include One Chainsaw box 36" L x 15" W x 14" H. Box to include a top opening gripstrut lid with gas shocks. Box to include one vent. Box to be installed on the cargo floor mounted next to the ladder rack and behind the reservoir/unit pedestal. Bolt on, do not weld. Do not install plywood or door seals in the box.
1 71. Steel Open Top Storage Bin, Punched Metal
Details:
-Punched material box on street side compartment top punched metal open top storage bin to be 123.5"L x 15"W x 9"H with two evenly spaced removable vertical dividers bolted on Lexan spacers. 1 Body and Chassis Accessories

Quote Number: 1811890 - 6
Altec, Inc.

We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929
Item Description Qty Price

72. Set of Safety Chain Eye Bolts 1

73. Combination 2 Ball (10,000 LB MGTW) and Rigid Pintle Hitch (16,000 LB MGTW with 3,000 LB MVL), 4-Bolt, Buyers BH82000
1 74. Underride Protection Bumper, Installed at Rear 1

75. Driveaway Safety Kit 1

76. Install Counterweight as Needed 1

77. Rigid Step Mounted Beneath Side Access Steps (Installed to Extend Approx. 2 inches Outward) (Creedmoor)
1 78. Boom Rest for a Telescopic Unit, Not Galvanized 1

79. Manual Boom Stow Securing System Installed on Boom Rest 1

80. Platform Rest, Rigid with Rubber Tube, 24 Inch 1

81. Wood Outrigger Pad, 19 x 19 x 2.5 with Rope Handle (Industry Preferred) 2

82. Outrigger Pad Holder, 20 L x 20 W x 7 H Fits 19.5 x 19.5 and Smaller Pads (Dual Capacity) Bolt-On Bottom, Washout Holes with 3/4 Inch Lip Retainer, Steel 2 83. Pendulum Retainers For Outrigger Pad Holders 1

84. Wheel Chocks Rubber with Metal Hairpin Handle 9.75 L x 7.75 W x 5 H (Pair) (Industry Preferred)
1 85. Mud Flaps with Altec Logo (Pair) 1

86. Expandable Payout Reel (Hogg & Davis-81620)
Details:
-Installed in cargo area next to pedestal on the curbside 1 87. Safety Harness and 4.5 Ft Lanyard (Fits Medium to Xlarge) 1

88. Slope Indicator Assembly (Pair) for Machine with Outrigger 1

89. Vinyl Manual Pouch for Storage of All Operator and Parts Manuals 1 Electrical Accessories

90. Compartment Lights Wired to Dash Mounted Master Switch in Chassis Cab 1

91. Lights And Reflectors In Accordance With FMVSS 108 (Complete LED) 1

92. Strobe Beacon Amber LED with Brush Guard (Standard) (Tecniq #K10-AAAD-1) (Permit May Be Required) (Industry/Stock Preferred)
Details:
-Post Mount One(1) Each side, SS and CS , Front of Body. 2 93. 4-Corner Strobes, Amber, LED, Two (2) Surface Mounted Lights In Grille, Two (2) 1

Quote Number: 1811890 - 6
Altec, Inc.

We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929
Item Description Qty Price
Round Lights At Rear, Class II (Permit May Be Required)

94. Strobe Lights Wired Ignition Hot 1

95. Dual Tone Backup Alarm With Outrigger Motion Alarm 1

96. PTO Hour Meter, Digital, With 10 000 Hour Display 1

97. Trailer Receptacle, 6-Way (Pin Type) Installed At Rear 1

98. Altec Standard Trailer Plug Wiring 1

99. Upfitter Switches, Ford (Supplied with Chassis) 1
100. Power Distribution Module (PDM-6A) is a compact self-contained electronic system that provides a standardized interface with the chassis electrical system using the AXIS Service Interface.
1 101. One Emergency Stop Located at Ground Level Installed at the Rear of the Vehicle 1 102. Install Chassis (OEM) Supplied Backup Camera In Final Assembly 1 103. Install Outrigger Interlock System In Final Assembly 1 104. Install Remote Engine Start/Stop and Secondary Stowage Systems in Final Assembly 1 105. Heavy Duty Secondary Stowage Pump (Supplied By Final Assembly) 1 106. PTO Indicator Light, Installed In Cab 1
Finishing Details
107. Front and Rear Frame Mounted and Under Body Mounted Components (With the Exception of Rust Resistant Components) Will Be Painted Black DEPS 005 DEPS 095 (Includes Non OEM Front Bumpers and Cabguards)
1 108. Powder Coat Unit Altec White 1
109. Finish Paint Body Accessories Above Body Floor Altec White 1 110. Apply Non-Skid Coating (Black) to All Walking Surfaces DEPS 057 1 111. Placard, Engine Block Heater 1
112. Safety and Instructional Decals English 1
113. Vehicle Height Placard Installed In Cab DEPS 002 1 114. HVI-22 Hydraulic Oil Placard 1
115. Dielectric Test Unit According to ANSI Requirements 1 116. Stability Test Unit According to ANSI Requirements 1 117. Focus Factory Build 1

Quote Number: 1811890 - 6
Altec, Inc.

We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929
Item Description Qty Price
118. Delivery Of Completed Unit 1
119. Inbound Freight 1
120. As Built Electrical and Hydraulic Schematics to be Included In the Manual Pouch (Deps 024)
1 121. Completed Test Forms To Be Included In The Manual Pouch:
-Stability Test Form
-Dielectric Test Form (For Insulated Units)
1 122. Final Assembly Electrical and Hydraulic Installation for Crew Cab or Extended Cab Chassis
1 Chassis
123. Altec Supplied Chassis 1
124. Chassis 1
125. 2027 Model Year 1
126. Ford F550 1
127. Dual Rear Wheel 1
128. 4x4 1
129. Chassis Cab 1
130. Extended Cab (Larger Cab With Half-Length Rear Doors Or No Rear Doors) 1 131. Chassis Color - White 1
132. Automatic Emergency Braking 1
133. Forward Collision Warning 1
134. Lane Departure Warning System 1
135. AM/FM Radio 1
136. Bluetooth 1
137. Ford SYNC 1
138. Block Heater 1
139. Limited Slip Rear Axle 1
140. Trailer Brake Controller (Factory Installed) 1
141. Side Mirrors, Power Adjusting, Manual Folding, Manual Telescoping with Heated Glass 1 142. Cruise Control 1

Quote Number: 1811890 - 6
Altec, Inc.

We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929
Item Description Qty Price
143. 110VAC Outlet, OEM Supplied 1
144. Air Conditioning 1
145. Backup Camera, OEM Supplied 1
146. Keyless Entry 1
147. Power Door Locks 1
148. Power Windows 1
149. Tilt Steering Wheel 1
150. 84 Clear CA (Round To Next Whole Number) 1
151. Chassis Wheelbase Length - 192 1
152. GVWR 19,500 LBS 1
153. 7,500 LBS Front GAWR 1
154. 14,706 LBS Rear GAWR 1
155. Spring Suspension 1
156. Ford 6.7L Power Stroke Diesel 1
157. Diesel 1
158. Ford Torqshift 10-Speed Automatic Transmission (w/PTO Provision) 1 159. Ford 40 Gallon Fuel Tank (Rear) 1
160. Ford 7.2 Gallon DEF Tank (Mid Mount) 1
161. Ford E/F250-550 Single Horizontal Right Side Exhaust 1 162. CARB Clean Idle Certification 1
163. EPA Clean Idle Certification 1
164. CARB Compliant 1
165. No Idle Engine Shut-Down Required 1
166. Hydraulic Brakes 1
167. Electronic Park Brake In Rear Wheels 1
168. Dual Alternator (350 amp Minimum) 1
169. 872 - Rear View Camera and Prep Kit 1
170. 98R - Operator Commanded Regeneration (OCR) 1
171. Vinyl Split Bench Seat 1

Quote Number: 1811890 - 6
Altec, Inc.

We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929
Item Description Qty Price
Additional Pricing
172. Standard Altec Warranty: One (1) year parts warranty, one (1) year labor warranty, ninety (90) days warranty for travel charges, limited lifetime structural warranty 1 173. Administration Fees 1
174. Documentation Fees 1
175. State Tire Tax 1
Miscellaneous
176. Carb Registered State (California) 1
Unit / Body / Chassis Total 228,274.00
Additional Total 560.50
FET Total 0.00
Total 228,834.50
Altec Industries, Inc.

BY
Joshua P Wiggins
Notes:
1 Altec will make every effort to honor this quotation, subject to the following provisions. Prices for equipment with production start dates 12 months and beyond are budgetary only due to irregular cost inflation and market volatility. These prices will be reviewed based on market conditions and confirmed closer to the production date.

For a quoted chassis model year beyond the current open order bank, chassis model year, specifications and price should be considered estimates only and subject to change. Chassis model year, specifications and price will be reviewed and confirmed when specific model year information becomes available from the OEM.
2 Estimated Delivery: 10-12 months after receipt of order PROVIDING:

A. Customer supplied chassis (if applicable) is received a minimum of sixty (60) days before scheduled delivery.

B. Customer approval drawings are returned by requested date.

C. Customer supplied accessories are received by date necessary for compliance with scheduled delivery.

D. Customer expectations are accurately captured prior to major components being ordered (body, chassis) and line set date. Unexpected additions or changes made after this time or at a customer inspection will delay the delivery of the vehicle.

Quote Number: 1811890 - 6
Altec, Inc.

We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929
Estimated Delivery is based on information at time of quote and is subject to change.

Altec reserves the right to change suppliers in order to meet customer delivery requirements, unless specifically identified, by the customer, during the quote and or ordering process. 3 This quotation is valid until NOV 21,2025. After this date, please contact Altec Industries, Inc. for a possible extension.
4 F.O.B. - Customer Site
5 Interest charge of 1/2% per month to be added for late payment. 6 FINANCING AVAILABLE: Please contact Altec Capital at (888) 408-8148 or email [email protected] for more information.
7 Price does not reflect any local, state or Federal Excise Taxes (F.E.T). The quote also does not reflect any local title or licensing fees. All appropriate taxes will be added to the final price in accordance with regulations in effect at time of invoicing.
8 Changes made to this order may affect whether or not this vehicle is subject to F.E.T. A review will be made at the time of invoicing and any applicable F.E.T. will be added to the invoice amount. 9 Any payment made by a credit card may be subject to a surcharge fee. 10 Altec Standard Warranty:

One (1) year parts warranty.

One (1) year labor warranty.

Ninety (90) days warranty for travel charges.

Warranty on structural integrity of the following major components is to be warranted for so long as the initial purchaser owns the product: Booms, boom articulation links, hydraulic cylinder structures, outrigger weldments, pedestals, subbases and turntables.

Altec is to supply a self-directed, computer based training (CBT) program. This program will provide basic instruction in the safe operation of this aerial device. This program will also include and explain ANSI and OSHA requirements related to the proper use and operation of this unit.

Altec offers its standard limited warranty with the Altec supplied components which make up the Altec Unit and its installation, but expressly disclaims any and all warranties, liabilities, and responsibilities, including any implied warranties of fitness for a particular purpose and merchantability, for any customer supplied parts
Altec designs and manufactures to applicable Federal Motor Vehicle Safety and DOT standards 11 Altec Extended Warranty Option:

An Altec Extended Warranty is an extension of Altec's Limited Warranty and protects you from the repair cost associated with defects of materials and workmanship after the standard Limited Warranty expires.

Altec offers many types of coverages and coverage packages. Ask your Altec account manager for details.

Quotes are available upon request.
12 After the initial warranty period, Altec Industries, Inc. offers mobile service units, in-shop service and same day parts shipments on most parts from service locations nationwide at an additional competitive labor and

Quote Number: 1811890 - 6
Altec, Inc.

We Wish To Thank You For Giving Us The Pleasure
And Opportunity of Serving You
UTILITY EQUIPMENT AND BODIES SINCE 1929
parts rate. Call 877-GO-ALTEC for all of your Parts and Service needs. 13 Trade-in offer is conditional upon equipment being maintained to DOT (Department of Transportation) operating and safety standards and remaining in compliance of DOT until arrival at an Altec Facility. This will include, but is not limited to engine, tires, lights, brakes, glass, etc. All equipment, i.e., jibs, winches, pintle hooks, trailer connectors, etc., are to remain with unit unless otherwise agreed upon in writing by both parties. ALTEC Industries reserves the right to re-negotiate its trade-in offer if these conditions are not met.

All reasonable and necessary expenses required of ALTEC Industries to execute transportation of the trade-in will be invoiced to the customer for payment if these conditions are not met to maintain DOT standards.

Customer may exercise the option to rescind this agreement in writing within sixty (60) days after receipt of purchase order. After that time ALTEC Industries will expect receipt of trade-in vehicle upon delivery of new equipment as part of the terms of the purchase order unless other arrangements have been made. 14 The final fully loaded weight of the truck and structural ratings of the hitch assembly may reduce the towing capacity and the vertical load capacity of the finished truck. These capacities may not match the ratings of the chassis or hitch.
15 Altec takes pride in offering solutions that provide a safer work environment for our customers. In an effort to focus on safety, we would encourage you to consider the following items:

Outrigger pads (When Applicable)
Fall Protection System
Fire extinguisher/DOT kit
Platform Liner (When Applicable)
Altec Sentry Training
Wheel Chocks
The aforementioned equipment can be offered in our new equipment quotations. If you find that any of these items have not been listed as priced options with an item number in the body of your quotation and are required by your company, we would encourage you to contact your Altec Account Manager and have an updated quote version sent to you. These options must be listed with an item number in the quotation for them to be supplied by Altec.
16 Altec values your data privacy. The Altec Family of Companies (including Altec, Inc., and it's subsidiaries) may collect telematics data from the equipment you own. Please review Altec's Equipment Data Privacy Notice on www.altec.com for more information. By purchasing equipment from Altec, you consent to Altec's right to collect and use such data.
17 RECOMMENDED OPTIONS AND ACCESSORIES: These options are not included in the quote total price.

Selected options will change the quote total. Any options added after initial order will be re-quoted.

Item: 10.

Staff Report

Meeting Date: December 16, 2025
To: City Council
From: Bill Smith, City Manager
Prepared By: Stephanie Vargas, Chief Deputy City Clerk
Item Name: Second Reading of Ordinance No. O-10-25 - Approve Second Reading of an Ordinance of the City Council of the City of Colton, California, an Ordinance of the City Council of the City of Colton to Amend Section 10.60 Of Title 10 of the Colton Municipal Code, as they Pertain to Truck Routes in the City of Colton and Adoption of an Addendum to the Environmental Impact Report for the Colton 2013 General Plan Update Project (State Clearinghouse No. 2012031037): File Index Number Dap25-0024, Ordinance No. O-10-25.

Recommended Action:

Approve Second Reading of an Ordinance of the City Council of the City of Colton, California, to Amend Section 10.60 of Title 10 of the Colton Municipal Code, as they Pertain to Truck Routes in the City of Colton and Adoption of an Addendum to the Environmental Impact Report for the Colton 2013 General Plan Update Project (State Clearinghouse No. 2012031037): File Index Number Dap25-0024

Background:

Issues/Analysis:

Fiscal Impacts:

Alternatives:

Attachments:

1. Ordinance No. O-10-25

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ORDINANCE NO. O-10-25

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON
TO AMEND SECTION 10.60 OF TITLE 10 OF THE COLTON

MUNICIPAL CODE, AS THEY PERTAIN TO TRUCK ROUTES IN THE

CITY OF COLTON AND ADOPTION OF AN ADDENDUM TO THE
ENVIRONMENTAL IMPACT REPORT FOR THE COLTON 2013
GENERAL PLAN UPDATE PROJECT ( STATE CLEARINGHOUSE NO.
2012031037): FILE INDEX NUMBER DAP25- 0024
WHEREAS, on November 16, 2016, the City Council adoptedSection 10.60 of Title 10 of the Colton Municipal Code, amending the 2016 Truck Routes Master Plan; and
WHEREAS, on November 11, 2025, the Planning Commission of the City of Colton (" Planning Commission") conducted a duly noticed public hearing and recommended by a vote of 5 to 0 that the City Council adopt a General Plan Amendment No. DAP25- 0024 to amend the Mobility Element of the General Plan, to specifically address a revision to various policies as specified herein as related to truck routes within the 2013 Mobility Element; and
WHEREAS, all other legal prerequisites to the adoption of this ordinance have occurred;
WHEREAS, on December 2, 2025, the Colton City Council conducted a duly noticed public hearing to consider General Plan Amendment No. DAP25- 0024 to amend the Mobility Element of the General Plan and to Amend Section 10.60 of Title 10 of the Colton Municipal Code regarding truck routes; and
WHEREAS, the Municipal Code Text Amendments described herein is being adopted to implement the standards and requirements established by recent State law, specifically Assembly Bill 98 (2024) and SenateBill 415 (2025); and WHEREAS, the City of Colton City Council has determined that the above- described project will not have a significant effect on the environment and has recommended adoption of an addendum to 2013 General Plan Environmental Impact Report ( EIR).

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

SECTION 1. The City Council hereby adopts the recitals and findings set forth above and in the agenda report prepared in connection with this Ordinance.

SECTION 2. Title 10, Chapter 10.60 ( Truck Routes), is hereby amended by deleting, modifying and/or adding the text asshown in the attachedpagesof Section 10.60 Truck Routes) of Title 10 of the Colton Municipal Code, as it pertains to truck routes in the City of Colton (Exhibit A- 2) (New Text is shown Double Underline and deletedtext is shown in strikethrough.)

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Colton Planning Commission Ordinance No. O-10-25
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SECTION 3. . Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competentjurisdiction, suchdecision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 4. Based on the entire record before it and all written and oral evidence presented, the City Council finds that pursuant to the California Environmental Quality Act ( CEQA), under California Public Resources Code section 21080. 17, the California Environmental Quality Act (“CEQA”), pursuant to the California Environmental Quality Act Guidelines, an Addendum to the 2013 EIR was prepared because the proposed modifications to the 2013 Mobility Element do not result in any of the circumstances requiring a Subsequent or Supplemental EIR within Exhibit-“ A. 1” of this ordinance. The proposed modifications do not result in development that differs in street use or changes contrary to policies within the 2013 Mobility Element than what was assumed in the 2013 EIR, those modifications do not trigger the need for preparation of a Subsequent or Supplemental EIR under the criteria listed in CEQA Guidelines Sections 15162 and 15163, respectively. The Addendum to the 2013 EIR demonstratesthat no substantial changes would result from the revised project modifications nor have the existing conditions in the project vicinity substantially changedsuch that major revisions to the 2013 EIR would be required. The project would not result in a new significant environmental effect or a substantialincreasein the severity of previously identified significant effects. Specifically, the proposed Truck Route amendments, as compared to the 2016 Truck Route Master Plan, do not result in new or substantially greatersignificant impacts becausethe scaleandnature of the proposed truck routes are sufficiently similar to that analyzed in the 2013 General Plan EIR such that the impacts of the proposed amendments to the 2016 Truck Route Master Plan are within the levels and types of environmental impacts disclosed in the 2013 General Plan EIR.

SECTION 5. Certification/ Publication. The City Clerk shall certify to the passage of the ordinance and cause the same or a summary thereof to be published within fifteen 15) days after adoption in a newspaperof general circulation published and circulated in the City of Colton.

SECTION 6. This ordinance shall become effective thirty ( 30) days after its adoption in accordancewith the provisions of California law.

PASSED, APPROVED AND ADOPTED on this 16thday of December, 2025.

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Colton Planning Commission Ordinance No. O-10-25
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Frank Navarro
Mayor
ATTEST:

IsaacT. Suchil
City Clerk

Exhibit A-1
of Ordinance #O-10-25
Addendum to 2013
General Plan EIR

23152.06300\44427883. 1

EIR ADDENDUM

GENERAL PLAN AMENDMENT
AB 98 MOBILITYELEMENTUPDATE

CITY OF COLTON
Prepared for:

City of Colton
Planning Department
659 N. La Cadena Drive
Colton, CA 92324
Prepared by:

Westlake Village
860 Hampshire Road, Suite P
Westlake Village, CA91361
NOVEMBER 2025
ExhibitA-1
of Reso # R-93-25

Meridian Consultants i AB 98 Mobility Element Update
November 2025 City of Colton
23152.06300\44427883. 1

TABLE OF CONTENTS

1.0 Introduction ........................................................................................................... 1

1.1 Overview .............................................................................................................. 1

1.2 Purpose ................................................................................................................ 1

1.3 City of Colton Background ..................................................................................... 2

1.4 Assembly Bill 98 ................................................................................................... 2

1.5 California Environmental Quality Act ..................................................................... 3

1.6 Environmental Procedures .................................................................................... 3

1.7 City of Colton General Plan (Approved Project) ...................................................... 5

1.8 Prior Environmental Documentation: General Plan Draft EIR .................................. 8

2.0 Project Description ................................................................................................ 10

2.1 Project Location ................................................................................................. 10

2.2 Project Background............................................................................................. 10

2.3 Project Characteristics ....................................................................................... 13

3.0 Environmental Analysis ......................................................................................... 23

3.1 Approach .................................................................. Error! Bookmark not defined.

3.2 Environmental Topics Determined To Have “No Impact” ...................................... 25

3.3 Environmental Factors Potentially Affected ......................................................... 25

3.4 Air Quality ........................................................................................................... 25

3.5 Greenhouse Gas Emissions ................................................................................ 29

3.6 Land Use & Planning ........................................................................................... 31

3.7 Noise and Vibration ............................................................................................ 33

3.8 Transportation/ Traffic ......................................................................................... 37

4.0 Findings ................................................................................................................ 40 List of Figures
1 City of Colton Boundary ................................................................................................. 11 2 Truck Routes Existing Conditions .................................................................................... 12 3 Proposed Truck Route Removals .................................................................................... 20 4 Proposed Truck Routes Plan ........................................................................................... 21 5 Proposed Truck Route Plan and Land Use Map .............................................................. 22

Meridian Consultants 1 AB 98 Mobility Element Update
November 2025 City of Colton
23152.06300\44427883. 1

1. 0 INTRODUCTION

1. 1 OVERVIEW
This document is an Addendum to the City of Colton General Plan Environmental Impact Report General Plan EIR), State Clearinghouse No. 20122031037, which was certified May 2013. This Addendum evaluates the potential environmental impacts of the currently proposed updates to the Mobility Element of the General Plan in comparison to the General Plan adopted in May 2013. The 2013 General Plan serves as “baseline” conditions for the impact comparison. This Addendum was prepared for the City’s proposed amendment of the Mobility Element of the Colton General Plan and amendment of Chapter 10.60 (2016 Truck Routes Master Plan) to Title 10 of the Colton Municipal Code ( proposed Project), as defined in CEQA Guidelines Sections 15050 15051. The Lead Agency, the City of Colton, is defined as the agency with primary responsibility for approving and carrying out the proposed Project.

1. 2 PURPOSE
The purpose of the proposed Project is to the bring the City into compliance with the recent legislation and its impact upon cities and counties located within a Warehouse Concentration Region ( WCR), as defined in Government Code Section 65098, which states, “’ Warehouse concentration region’ includes the unincorporated areas within Counties of Riverside and San Bernardino and the Cities of Chino, Colton, Fontana, Jurupa Valley, Moreno Valley, Ontario, Perris, Rancho Cucamonga, Redlands, Rialto, Riverside, and San Bernardino.” On October 3, 2025, Senate Bill 415 (SB 415) was signed into law providing various clarifications to AB 98. However, SB 415 did not alter the substantive requirements set forth by AB 98 for circulation element updates for cities and counties in the warehouse concentration region, such as Colton. As such, the City of Colton City Council is required to approved and adopt regulations to be in compliance with AB 98.

AB 98 introduces specific requirements for assigning truck routes and adopting them into the Circulation Element ( Transportation and Mobility Element) of the General Plan. The City must adopt the following Truck Route Requirements:

Truck Routes must be adopted by January 1, 2026, in the Warehouse Concentration Region WCR) which includes the City of Colton.

Truck Routes must maximize the use of major highways and only utilize commercial roads when necessary.

Truck Routes will be provided in a Geographic Information System ( GIS) format and will be made publicly accessible.

Conspicuous signage will be installed to identify truck routes, truck parking, and appropriate idling locations.

1. 0 — Introduction
Meridian Consultants 2 AB 98 Mobility Element Update
November 2025 City of Colton
23152.06300\44427883. 1
The City must provide opportunities for public input and participation.

1. 3 CITY OF COLTON BACKGROUND
Colton traces its beginnings to its founding as a railroad town. The original town of Colton, with its classic grid street network that is still evident today, was laid out when the Southern Pacific Railway now Union Pacific) was constructed through the San Bernardino Valley on its way eastward from Los Angeles in 1875. The area around Colton was selected for a train stop instead of the City of San Bernardino due to the direct location of the town on the planned route. In fact, Colton was named for David Douty Colton, then Vice President of the Southern Pacific Railroad Company.

While the railroad defined the shape of early Colton, construction of Interstate 10 in 1957 bisected the City. Interstate 10 and later Interstate 215, opened in 1963, linked Colton by roadway to the region and the nation, but the freeways created divides that made it difficult for residents and employees of local businesses to move across town. The General Plan’s Mobility Element looks to re-establish connections to bind the community together again, even as large- scale improvements to rail lines and freeways proceed.

In 2013, the City of Colton ( City) completed an update of its General Plan, to establish a vision and guiding policies to shape and manage long term growth in the Colton planning area, which is referred to as the “General Plan Update” and is the subject of the Certified Environmental Impact Report. The General Plan Update is a long- range planning program, to guide the orderly growth and development of the Colton planning area over the long- term.

The adopted General Plan Update includes the City’s Mobility Element which establishes long term goals and policies designed to improve the local transportation system and create options for residents to move about the City. The Mobility Element balances the need for efficient traffic operations with the desire to maintain Colton as a safe and attractive community, one with walkable neighborhoods, successful business districts, and distinctive streets. Key transportation corridors— such as Mount Vernon Avenue and Valley Boulevard— must be able to accommodate new development and complement regional transportation while meeting local mobility needs. Policies in the Mobility and Land Use Elements together shape the overall physical structure and form of Colton.

1. 4 ASSEMBLY BILL 98
The City of Colton proposes to update its 2013 General Plan Mobility Element to comply with Assembly Bill 98 (AB 98) passed on September 30, 2024, and the subsequent cleanup legislation, Senate Bill 415 (SB 415) passed on October 3, 2025. This legislation introduces significant changes to how California regulates logistics uses defined as facilities in excess of 250,000 square feet that

1. 0 — Introduction
Meridian Consultants 3 AB 98 Mobility Element Update
November 2025 City of Colton
23152.06300\44427883. 1
are primarily used for the handling, storage, and distribution of goods. A key component of the legislation is the requirement for cities designated by the legislation as warehouse concentration region jurisdictions to designate truck routes that are consistent with the requirements of the bill codified as Section 65302. 02 of the Government Code) and incorporate the routes into the General Plan before January 1, 2026. This will supplement the City’s recent work in updating the City Zoning Code that resulted in the adoption of Ordinance O-01-23, adopted on February 21, 2023, amending various sections of Title 18 (Zoning Code) and providing new definitions, permitted uses, and Special Provisions which provide added standards for all City Industrial zones rel ated to truck and trailer storage uses, general warehouses, and warehouse logistics and distribution projects.

Per AB 98, the City must consider the following when updating the truck routes:

Ensure efficient and safe routes for goods movement
Maximize the use of freeways, highways, and major roadways ( arterials/ collectors fronted by commercial/ industrial uses)
Minimize exposure of sensitive receptors as defined by Section 65098(e) Make a diligent effort to achieve public participation of all economic segments of the community
The proposed project would revise the City’s Mobility Element to include updated truck route designations, goals, and policies in compliance with the legislation.

1. 5 CALIFORNIA ENVIRONMENTAL QUALITY ACT ( CEQA)
CEQA is a Statewide environmental law codified in the California Public Resources Code §§ 21000- 21177. CEQA applies to most public agency decisions to carry out, authorize, or approve actions that have the potential to adversely affect the environment. CEQA requires that public agencies analyze and acknowledge the environmental consequences of their discretionary actions and consider alternatives and mitigation measures that could avoid or reduce significant adverse impacts to the environment when avoidance or reduction is feasible. The CEQA compliance process also gives other public agencies and the general public an opportunity to comment on a proposed project’s environmental effects.

1. 6 ENVIRONMENTAL PROCEDURES
When a General Plan EIR has been certified for a project, the California Environmental Quality Act CEQA) and the State CEQA Guidelines define standards and the procedure for additional environmental review. Sections 15162–15164 of the State CEQA Guidelines define the standards for determining the level of additional environmental review required when an EIRhas been certified for a project.

1. 0 — Introduction
Meridian Consultants 4 AB 98 Mobility Element Update
November 2025 City of Colton
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Pursuant to Section 15162 of the State CEQA Guidelines, when an EIRhas been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:

2. Substantial changes are proposed in the project which will require major revisions of the previous EIRor negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

3. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIRor Negative Declaration due to the involvement of new significant environmental effects or a substantia l increase in the severity of previously identified significant effects; or

4. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIRwas certified as complete or the Negative Declaration was adopted, shows any of the following:

A) The project will have one or more significant effects not discussed in the previous EIRor negative declaration;
B) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternat ive; or D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

Under Section 15164 of the State CEQA Guidelines, when an EIR has been prepared and certified, and new information becomes available, it is appropriate to prepare an addendum to the EIR when only minor or technical additions or changes to an EIR are required. The changes to the EIR are considered minor if the new information being addressed does not result either in the identification of any new significant impacts or a substantial increase in the severity of significant impacts previously identified in the EIR. A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency‘s findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence.

This Addendum to the certified EIR has been prepared because evaluation of the proposed project has not indicated any of the circumstances requiring a subsequent or supplemental EIRis required.

1. 0 — Introduction
Meridian Consultants 5 AB 98 Mobility Element Update
November 2025 City of Colton
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As demonstrated in Chapter 3, Environmental Analysis, of this Addendum, the proposed project would not result in new or more severe impacts than the approved project, and it would not trigger the need for preparation of a subsequent or supplemental EIRunder the criteria in CEQA Guidelines Sections 15162( a) and 15163( a).

This Addendum demonstrates that no substantial changes are proposed to the approved project that would require major revisions to the certified EIRor substantially increase the severity of previously identified significant effects ( see CEQA Guidelines Section 15162[ a][1]). Therefore, the impacts of the proposed project are within the levels and types of environmental impacts disclosed in the certified EIR.

As substantiated in Section 3 of this Addendum, the proposed project would not result in new significant impacts or substantially increase the severity of the impacts of the approved project due to substantial changes in circumstances since the certification of the EIR (see CEQA Guidelines Section 15162[ a][2]).

In addition, no information that was not known and could not have been known at the time the General Plan EIR was certified has been revealed that shows new or substantially more severe significant impacts would result ( see CEQA Guidelines Section 15162[ a][3]). There are no new or considerably different mitigation measures that would substantially reduce one or more significant impacts of the approved project but that are not adopted.

Because this Addendum does not identify new or substantially more severe significant impacts, circulation for public review and comment is not necessary ( CEQA Guidelines Section 15164[ c]).

However, the City has considered this Addendum together with the previously certified EIR prior to adoption of the proposed project, pursuant to CEQA Guidelines Section 15164( d).

1. 7 CITY OF COLTON GENERAL PLAN ( APPROVED

PROJECT)

1. 7. 1 Overview
The City of Colton incorporated in 2013 and the City Council adopted the City’s first locally prepared General Plan on May 2013. Prior to that time, the City was within the boundaries of San Bernardino County. The General Plan serves as the primary tool to guide the development and character of Colton.

The General Plan reflects consensus and compromise among citizens, businesses, and property owners. All cities and counties in California must prepare and adopt general plans and, per state law, they must include seven sections, or “elements:” Land Use, Housing, Circulation ( Mobility), Noise,

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Meridian Consultants 6 AB 98 Mobility Element Update
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Safety, Open Space, and Conservation. The organization of these seven elements, and any optional elements, is determined by the local jurisdiction.

The elements contained in the City of Colton’s 2013 General Plan are:

Air Quality
Cultural Resources
Housing
Land Use
Mobility
Noise
Open Space and Conservation
The General Plan expresses the Community’ s values and broad consensus in the form of goals, policies, and programs. Goals are aspirational statements of intent that are not necessarily achievable within the 5- to 10-year planning period of this General Plan. Policies are statements that guide decision- making; they identify decisions the City must take to implement the General Plan and to make progress in achieving its goals. Programs are specific actions to be taken to carry out the General Plan’s intent.

1. 7. 2 Mobility Element
The Mobility Element guides the long- term circulation system of the City. Its goals and policies are designed to improve the local transportation system and create options for residents to move about the City. The Mobility Element balances the need for efficient traffic operations with the desire to maintain Colton as a safe and attractive community, with walkable neighborhoods, successful business districts, and distinctive streets. Policies within the Mobility and Land Use Elements shape the overall physical structure and form of Colton, so that key transportation corridors – such as Mount Vernon Avenue and Valley Boulevard – are able to accommodate new development and complement regional transportation while meeting local mobility needs.

The relevant section for the proposed Project including designating truck routes pursuant to AB 98 is Chapter: Goods Movement, Section: Truck Routes, available on page M-47 of the General Plan Mobility Element. The delivery of goods directly to and from Colton businesses is primarily provided by trucks on surface streets. Routes are designated based on the industrial districts served, access to freeways, industrial, and connector streets, and avoidance of residential neighborhoods. The following roadways serve as existing truck routes to support industrial business activity:

Valley Boulevard

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Pepper Avenue
Mount Vernon Avenue
Colton Avenue
Fairway Drive
La Cadena Drive
Rancho Avenue (south of Valley Boulevard)
Washington Street
Designated truck routes are not included in the Mobility Element, as they may change over time to reflect changing land use patterns and to provide the best interests of businesses, truck drivers, and residential neighborhoods. When revising the designation of truck routes in Colton, as adopted by ordinance, routes must adhere to the following performance criteria:

1. Avoid unnecessary intrusions into residential neighborhoods to limit noise, vibration, and air quality impacts.

2. To the extent feasible, truck routes will not be provided on local streets and on streets with mostly residential frontage.

3. Truck routes must be located on roadways that provide direct and convenient access between Major Arterials and freeways ( I-10 and I-215) and industrial and commercial businesses.

4. Truck routes must be located on roadways with the design and construction capacity to accommodate truck traffic.

1. 7. 3 Mobility Element Policies and Programs
The following Mobility Element policies and programs specifically apply to commercial trucks and routes.

Goals
Goal M-3: Develop a safe, efficient, and attractive street system that provides capacity to meet existing and future demand.

Goal M-5: Maintain an efficient network of goods and freight movement that supports the needs of Colton businesses while reducing truck and rail traffic impacts on residential neighborhoods.

Policies

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Policy M-3.2: Implement traffic- calming measures in Colton’s residential neighborhoods that are severely impacted by speeding, excessive vehicular volumes, truck traffic, and/ or cut- through traffic. Use the City’s adopted traffic- calming policies to apply appropriate solutions.

Policy M-5.5: Vigorously enforce established truck routes to discourage truck shortcuts through residential neighborhoods.

Policy M-5.6: Ensure that the designated truck routes conform to the following performance criteria:

Truck routes must avoid intrusions into residential neighborhoods to limit noise, vibration, and air quality impacts.

To the extent feasible, truck routes will not be provided on local streets and on streets with mostly residential frontage.

Truck routes must be located on roadways that provide direct and convenient access between Major Arterials and freeways ( I-10 and I-215) and industrial and commercial businesses.

Truck routes must be located on roadways with the design and construction capacity to accommodate truck traffic.

1. 8 PRIOR ENVIRONMENTAL DOCUMENTATION: GENERAL

PLAN DRAFT EIR
The proposed Project is an amendment to the Mobility Element of the City of Colton General plan.

Therefore, this Addendum relies on the findings of the January 2013 Draft EIRand May 2013 Final EIR, and per CEQA Guidelines Section 15164, contains all the information necessary to ensure that the Addendum fully evaluates the proposed Project.

In accordance with CEQA Guidelines Section 15148 and 15150, this Addendum incorporates the 2013 Certified EIR (and its constituent parts) by reference. All documents incorporated by reference are available for review at the City of Colton, 659 N. La Cadena Drive, Colton, CA 92324.

A summary of the 2017 Certified EIRfollows:

The City of Colton circulated the 2013 Draft EIRfor a 45-day public review period. The EIRevaluated 17 topics in detail.

Aesthetics
Agriculture and Forestry Resources

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Air Quality
Biological Resources
Cultural Resources
Geology and Soils
Greenhouse Gas Emissions and Global Climate Change
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use and Planning
Mineral Resources
Noise
Population and Housing
Public Services
Recreation
Transportation and Traffic
Utilities and Service Systems
All impacts of the Project were found to be less than significant with the implementation of the recommended mitigation measures except for the following:

Air Quality ( conflict with applicable air quality plan; violation of air quality standard or contribute substantially to air quality violation)
Greenhouse Gas Emissions ( long- term emissions; conflict with applicable plan, policy, or regulation)
Recreation ( existing parks and recreational facilities) Transportation and Traffic (future level- of- service)
The City of Colton approved the General Plan and certified the General Plan Final EIR (State Clearinghouse No. 2012031037) on May 2013.

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2. 0 PROJECT DESCRIPTION

2. 1 PROJECT LOCATION
The proposed Project is located throughout most of the City of Colton , as it includes certain streets that large trucks ( e.g., Big Rigs, Tractor-Trailers, or 18-wheelers) are authorized to drive on as they access locations that they deliver their goods to within the City.

The Project boundary is the same as the City’s Municipal Boundary as truck operations are mobile.

The City’s Municipal Boundary is shown in Figure 1: City of Colton Boundary, below.

2. 2 PROJECT BACKGROUND
The proposed project for this Addendum is an amendment to the City of Colton General Plan’s Mobility Element. The amendment is required to comply with Assembly Bill 98 (AB 98, revised SB415) namely to establish designated truck routes where properties fronting these roads at least 50 percent commercial and industrial, thereby limiting sensitive receptors ( i.e. residences, schools, daycare facilities, parks and playgrounds, nursing homes, and hospitals) along truck routes. The City’s existing truck routes are shown in Figure 2: Truck Routes Existing Conditions, below. The proposed truck routes, along with proposed General Plan Mobility text and policy updates represent the proposed project.

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FIGURE 1 CITY OF COLTON BOUNDARY

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FIGURE 2 TRUCK ROUTES EXISTING CONDITIONS

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2. 3 PROJECT CHARACTERISTICS
The proposed project for this Addendum is an amendment to the City of Colton General Plan’s Mobility Element. The amendment is required to comply with Assembly Bill 98 (AB 98, revised SB415) namely to establish designated truck routes where properties fronting these roads at least 50 percent commercial and industrial, thereby limiting sensitive receptors ( i.e., residences, schools, daycare facilities, parks and playgrounds, nursing homes, and hospitals) along truck routes.

The City of Colton’s (City) proposes a General Plan Amendment to update the 2013 Mobility Update to comply with Assembly Bill 98 (AB 98), which was signed by the Governor on September 30, 2024.

Subsequently, the Legislature passed Senate Bill 415 ( SB 415), legislation intended to clarify the regulations set forth in AB 98. SB 415 was signed by the Governor on October 3, 2025.

AB 98 and SB415 add regulations for warehouse logistics developments that primarily handle, store, and distribute goods and these regulations must be implemented no later than January 1, 2026. As stated in Government Code Subsections 65098. 1 (a)(4) and (5), (b)(4) and (5), (c)(4) and (5), and (d)(2) and (7), applicable new or expanded logistics use developments must implement the following:

Have a separate entrance to the logistics use development or logistics park for heavy -duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial, agricultural, or industrial uses. A sep arate entrance for heavy- duty trucks may include a driveway with a lane dedicated to heavy -duty trucks and a lane dedicated for other vehicles.

Locate truck entry, exit, and internal circulation away from sensitive receptors. Heavy -duty diesel truck drive aisles shall be prohibited from being used on sides of the building that are directly adjacent to a sensitive receptor property line.

In addition, Government Code Section 65098. 1 establishes the deadline for complying with truck route requirements and Section 65302. 02 provides specifications for designating truck routes. The City proposes to update the Mobility Element of the General Plan and amend Chapter 10.60 (2016 Truck Routes Master Plan) to Title 10 of the Colton Municipal Code to ensure that any future or in- process applications for logistic use development, comply with these provisions of AB 98 and SB 415. To facilitate these updates the City of Colton ( City) proposes a General Plan Amendment to update the 2013 Mobility Element and the 2016 Truck Route Plan. The City has determined that an EIR Addendum ( Addendum) is the appropriate environmental document to comply with the California Environmental Quality Act (CEQA). This is herein further known as the “Project”.

The EIR Addendum will supplement the City of Colton General Plan EIR (State Clearinghouse 2012031037). This EIR Addendum focuses on providing additional information and analysis necessary to address proposed changes within the Mobility Element of the General Plan Update and the amendment of Chapter 10.60 (2016 Truck Routes Master Plan) to Title 10 of the Colton Municipal

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Code as to transportation diagrams and typical street cross sections included in the Truck Route Plan.

2. 3. 1 General Plan
The following text changes to the General Plan Mobility Element are proposed to better align with AB 98/SB415 requirements. The proposed edits are shown in strike through text for deletions and double underlined text for additions.

General Plan Text Revisions
Recommended Changes to Page M-47 of the 2013 Mobility Element:

Truck Routes
The delivery of goods directly to and from Colton businesses is primarily provided by trucks on surface streets. The State of California Vehicle Code has established regulations on the use of local roads by trucks and other heavy vehicles. Toprotect residential neighborhoods from the impacts of the high volumes truck traffic, certain streets have been designated as truck routes by local ordinance. The City strives to connect local truck routes with other cities’ truck routes to form an integrated regional network for the movement of goods.

Routes are designated based on the industrial districts served, access to freeways, industrial, and connector streets, and avoidance of residential neighborhoods. Identifying truck routes is important not just to preserve dedicated routes to serve industrial districts and reduce land use conflicts, but also to allow for proper street construction and maintenance, given that heavy truck traffic impacts physical street conditions more quickly than automobile traffic.

Truck routes are listed below and shown on Figure M-8.1. will continue to be defined by ordinance via the Municipal Code and will require City Council approval for modification. Truck routes are subject to change based on vehicular traffic, changes to surrounding city truck routes, enforcement, and trucking demand through Colton. Modification to designated truck routes will require a General Plan Amendment to the Mobility Element and an update and dissemination of a new GIS truck map.

The specified portions of the following public streets are hereby designated as "Truck Routes." Truck Routes. These truck routes provide access to businesses within and adjacent to the City.

1. Mt. Vernon Avenue (Washington Street to North City Limits)

2. Colton Avenue (Mt. Vernon Avenue to East City Limits)

3. Fairway Drive (Mt. Vernon Avenue to East City Limits)

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4. Valley Boulevard ( within Colton City Limits between Pepper Avenue and western City limit and between Rancho Avenue and its eastern terminus at Sperry Drive)

5. Pepper Avenue (within Colton City Limits)

6. La Cadena Drive (Valley Boulevard to South City Limits)

7. Agua Mansa Road (West City limits to Rancho Avenue)

8. 10. Riverside Avenue (within Colton City Limits)

9. 11. Iowa Avenue (La Cadena Drive to South City Limits)

10. 12. M Street (La Cadena Drive to Mt. Vernon Avenue)

12. 13. Barton Road (within Colton City Limits between La Cadena Drive and I-215)

13. 14. Washington Street (Mt. Vernon Avenue to East City Limits I-215)

14. 15. Hunts Lane (Washington Street Commercial Road to North City Limits)

15. 16. Rancho Avenue (La Cadena Drive to Valley Boulevard) The specified portions of the following public streets are hereby designated as “Local Truck Routes”.

Local truck routes provide access to businesses that require use of local roadways to access existing industrial uses. Local Truck Routes:

1. M Street (La Cadena Drive to Mt. Vernon Avenue)

2. Valley Boulevard ( Rancho Avenue to its eastern terminus at Sperry Drive)

3. Laurel Street (Pennsylvania Avenue to La Cadena Drive)

4. La Cadena Drive (Laurel Street to Mt. Vernon Avenue)

5. Cooley Drive (Mt. Vernon Avenue to 514 feet north of Valleywood Street)

6. Fogg Street (Jefferson Lane to Congress Street and Congress Street to M Street)

7. Congress Street (Fogg Street to 8thStreet)

8. 8thStreet (Congress Street to Fogg Street)
Proposed Changes to Page M-56 of the 2013 General Plan Mobility Element Goods Movement

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The efficient movement of goods and freight support the economic success of the City and local and regional businesses. The transportation system needs to respond to the needs of businesses to easily access regional routes and access local commercial and industrial business. The designation of truck routes and maintained rail lines and spurs are central to these needs.

Goal M-5: Maintain an efficient network of goods and freight movement that supports the needs of Colton businesses while reducing truck and rail traffic impacts on residential neighborhoods.

Policy M 5.1: Work with railroad operators to limit the aesthetic, noise, vibration, traffic congestion, and air quality impacts of new projects on residential neighborhoods adjacent to railroad lines and railroad projects.

Policy M-5.2: Ensure that Colton Crossing design, construction activities, maintenance, and railroad operations do not create negative adverse impacts to surrounding residential properties.

Policy M-5.3: Maintain the Railroad Quiet Zones through Colton to limit locomotive horn blowing adjacent to residential neighborhoods.

Policy M-5.4: Support the abandonment or the realignment of railroad spurs that no longer serve industrial support services and that create pedestrian safety conditions.

Policy M-5.5: Vigorously enforce established truck routes to discourage truck shortcuts through residential neighborhoods and study the feasibility of new alternative routes that avoid sensitive receptors. Designate Truck Routes in coordination with adjacent jurisdictions to accommodate the safe and efficient movement of trucks to truck- served uses. Establish Local Truck Routes that permit access to local businesses only and prohibit through truck traffic.

Policy M-5.6: The City shall establish and maintain specific truck 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, as defined by Section 65098 of the California Government Code as follows: Truck routes shall maximize the use of interstate or state divided highways as preferred routes for truck routes and maximize use of arterial roads, major thoroughfares, and local roads that predominantly serve commercial or industrial uses when state or interstate highways are not utilized.

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Major or minor collector streets and local roads that predominantly serve commercial or industrial uses shall be used for truck routes only when strictly necessary to reach existing industrial uses. Truck routes shall be designated on streets that minimize exposure to sensitive receptors, including residential areas, schools, public parks, and hospitals.

Truck routes must be located on roadways with the design and construction capacity to accommodate truck traffic.

The City shall install conspicuous signage to identify truck routes and additional signage for truck parking and appropriate locations for idling and parking.

The City shall engage all economic segments of the community when changes or modifications to the City’s designated truck routes are being considered.

The City shall maintain a GIS map of the designated truck routes and share the information with appropriate users.

Ensure that the designated truck routes conform to the following performance criteria:

Truck routes must avoid intrusions into residential neighborhoods to limit noise, vibration, and air quality impacts.

To the extent feasible, truck routes will not be provided on local streets and on streets with mostly residential frontage.

Truck routes must be located on roadways that provide direct and convenient access between Major Arterials and freeways ( I 10 and I 215) and industrial and commercial businesses.

Truck routes must be located on roadways with the design and construction capacity to accommodate truck traffic.

2. 3. 2 Municipal Code
The City proposes to amend Chapter 10.60 (2016 Truck Routes Master Plan) to Title 10 of the Colton Municipal Code. The following text changes to Title 10 of the Colton Municipal Code are proposed to better align with AB 98/SB 415 requirements. The proposed edits are shown in strike through text for deletions and double underlined text for additions.

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Municipal Code Text Revisions
Recommended Changes to Title 10 of the Colton Municipal Code:

Title 10 - VEHICLES AND TRAFFIC
Chapter 10.60 DESIGNATEDTRUCKROUTES

10.60.010 Title.

This Chapter shall be known as the Truck Route Ordinance. The City of Colton hereinafter shall be called " City." This Chapter shall be applicable in the incorporated territory of the City.

Ord. No. O-20-16, § 1, 10-18-2016)

10.60.020 Designated.

A. The use of all streets within the City by any vehicle exceeding a gross weight of six fourteen thousand pounds, except upon the Truck Routes specified in the City of Colton General Plan Mobility Element Section 10.60.020(B) is prohibited. A vehicle in excess of six fourteen thousand pounds up to a maximum of fourteen thousand eighty thousand pounds, including its load, may utilize the streets and portions of streets designated as Truck Routes. Except as otherwise provided in Section 21101 et seq. and Section 35701 et seq. of the California Vehicle Code, no vehicle in excess of fourteen eighty thousand pounds, including its load, shall utilize the streets and portions of streets designated as Truck Routes. Streets designated as Local Truck Routes in the City of Colton General Plan Mobility Element shall only be used by local businesses. Through truck traffic is not permitted on Local Truck Routes.

B. The specified portions of the following public streets are hereby designated as " Truck Routes."

1. Mt. Vernon Avenue (Washington Street to North City Limits)

2. Laurel Street (Pennsylvania Avenue to La Cadena Drive)

3. La Cadena Drive (Laurel Street to Mt. Vernon Avenue)

4. Colton Avenue (Mt. Vernon Avenue to East City Limits)

5. Fairway Drive (Mt. Vernon Avenue to East City Limits)

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6. Valley Boulevard ( within Colton City Limits between Pepper Avenue and western City limit and between Rancho Avenue and its eastern terminus at Sperry Drive)

7. Pepper Avenue (within Colton City Limits)

8. La Cadena Drive (Valley Boulevard to South City Limits)

9. Agua Mansa Road (West City limits to Rancho Avenue)

10. Riverside Avenue (within Colton City Limits)

11. Iowa Avenue (La Cadena Drive to South City Limits)

12. M Street (La Cadena Drive to Mt. Vernon Avenue)

13. Barton Road (within Colton City Limitsbetween La Cadena Drive and I-215)

14. Washington Street (Mt. Vernon Avenue to East City LimitsI- 215)

15. Hunts Lane (Washington Street Commercial Road to North City Limits)

16. Rancho Avenue (La Cadena Drive to Agua Mansa Road)
CB. The following street segment is proposed for restrictions to allow only trucks with a kingpin - to -rear-axle (KPRA) length of twenty- six feet or less:

1. Rancho Avenue (Valley Boulevard to Agua Mansa Road)
Ord. No. O-20-16, § 1, 10-18-2016)

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FIGURE 3 PROPOSED TRUCK ROUTE REMOVALS

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FIGURE 4 PROPOSED TRUCK ROUTES PLAN

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FIGURE 5 PROPOSED TRUCK ROUTE PLAN AND LAND USE MAP

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3. 0 ENVIRONMENTAL ANALYSIS

3. 1 APPROACH
This section summarizes the conclusions of the certified EIR and then evaluates whether the proposed project would meet the conditions described in CEQA Guidelines Section 15164 for preparation of an Addendum. The net change in environmental impacts for th e approved Project buildout of the City in accordance with the adopted General Plan including the Mobility Element) in comparison to future conditions of the City upon implementation of the proposed Project ( Mobility Element Amendment) are assessed. The approach to this section considers the limited topics that the proposed Project could impact. The proposed project:

Would not alter any land use designations and therefore not permit any new land uses in comparison to the existing General Plan.

Is limited to designating truck routes and assigning weight restrictions for some roadways and modifying applicable policies and implementation actions.

A primary objective of AB 98/SB 415 is to minimize the environmental impact of logistic facilities on surrounding communities, and in particular to sensitive receptors ( residential, schools, daycare, etc.). As described in Section 2.0, Project Description, the approach reviewing truck routes focused on identifying potential roadways adjacent to residential and other sensitive receptors, that currently carry truck traffic, or are anticipated to accommodate future, area-wide growth in truck volumes. The team then considered the potential to divert these truck volumes to less sensitive roadways. If appropriately designed and implemented, the truck route designations would result in beneficial impacts to operational impacts including air quality ( including health risk), and noise.

3. 2 ENVIRONMENTAL TOPICS DETERMINED TO HAVE “ NO
IMPACT”
Implementation of the Mobility Element Amendment would not result in direct, or reasonably foreseeable indirect, physical changes to the built environment or any ground disturbance that could impact environmental resources. The proposed Project would remove existing 2016 City Truck Routes on four (4) roadways, reclassify four (4) routes from a City Truck Route to a Local Truck Route, and designate four ( 4) additional routes as Local Truck Routes. The proposed update to the City’s truck route designations reflects current truck activity and access to truck- generating uses while minimizing trucks on roadways with sensitive receptors. It would not involve any proposed changes such as the re-classification of arterial, collector or other road types, or right- of-way modifications.

As such, there would be no potential for impacts to any of the following resources:

Aesthetics

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Agriculture and Forestry Resources
Biological Resources
Cultural Resources
Geology and Soils
Hydrology and Water Quality
Mineral Resources
Population and Housing
Public Services
Recreation
Tribal Cultural Resources
Utilities and Service Systems
Wildfire

3. 3 ENVIRONMENTAL TOPICS DETERMINED TO HAVE
LESS THAN SIGNIFICANT IMPACT”
Hazard or Hazardous Materials
Implementation of the Mobility Element would not result in potential significant Hazard or Hazardous Materials- related impacts. The City’s 2016 Truck Route Master Plan identifies higher capacity roadways that can accommodate truck traffic and separate it from residential areas.

Currently, residential development is located along all designated truck routes. The updated City Truck Routes’ reclassification of routes from a City Truck Route to a Local Truck Route would create designated local routes for trucks to access commercial businesses and reduce neighborhood cut- through truck traffic. Thus, the risks associated with routine transport of hazardous materials may be reduced in comparison to the existing Mobility Element. Further, the General Plan contains Policy M-

5.5, which enforces established truck routes and Policy M-5.6, which establishes truck routing performance standards. Adherence to these performance standards ensures that transport of hazardous materials is routed away from residential neighborhoods to the maximum extent possible.

The Project proposes to update the General Plan Mobility Element Policy M-5.5 and Policy M-5.6 to reflect recent updates to California Government Code Sections 65098 and 65302, which would,

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ensure that federal and state regulations continue to govern the transport, use, and disposal of hazardous materials. Accordingly, potential impacts would be less than significant.

3. 4 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
Given the characteristics of the project, therefore, the following environmental analysis focuses on the following environmental topics:

Air Quality
Greenhouse Gas Emissions
Land Use and Planning
Noise
Transportation
These topics are reviewed relative to the General Plan land uses designations within the City as well as existing, specific sensitive receptors. Whether or not the General Plan land use designation for a parcel is consistent with the existing use, the designations represent the anticipated long- term land use for each parcel. Since this Addendum analyzes the long- term potential impact of the Project and designated truck routes in comparison to buildout conditions for the existing General Plan, the land use designations are an appropriate basis for this impact analysis.

The following section is formatted to address the CEQA Appendix G checklist for the four topics listed above. A summary of the impact conclusions under the General Plan EIR for each category is also provided, along with a list of any relevant mitigation measures included in the General Plan EIR for the respective impact.

3. 5 AIR QUALITY

3. 5. 1 Summary of Impacts Identified in the 2013 Gener al Plan EIR
The Air Quality section of the General Plan Draft EIRconcluded that the following impacts would be significant and unavoidable even with implementation of General Plan policies. No feasible mitigation measures were identified:

Air Quality Management Plan ( AQMP) Consistency: As a policy document, no development is authorized or would directly occur from the General Plan Update, however development would occur within the planning area as guided by the policies of the General

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Plan Update. It was estimated that emissions resulting from buildout under the General Plan Update would exceed South Coast Air Quality Management District ( SCAQMD) daily operational thresholds after the first year of growth, and emissions would continue to increase proportionally as growth occurs long- term in the City. While the SCAQMD daily thresholds are not intended to be applied to the program -level; however, they do provide a guidepost for comparing incremental increases in emissions guided by the pro gram.

Additionally, the projected population growth is not completely accommodated by the capacity of the proposed General Plan, while the projected employment growth is accommodated. Therefore, the proposed General Plan is inconsistent with the growth projections used in the RTP/SCS and would be inconsistent with the 2012 AQMP.

Long Term Operational Related Emissions: The projected long- term net increase in emissions associated with operations under the General Plan Update would exceed the SCAQMD thresholds and therefore, mitigation measures required by SCAQMD should be implemented to the greatest extent possible. The Project emissions with the recommended mitigation measures would be reduced to an extent. However, due to the General Plan’s inconsistency with the Southern California Association of Government’ s (SCAG) population growth projections for the City, the potential still remains for an interference with the implementation of the AQMP. Thus, long- term impacts to air quality remain potentially significant and unavoidable.

The Air Quality section of the General Plan Draft EIRconcluded that the following impacts would be less than significant with mitigation:

Short- Term Construction Related Emissions: As a policy document, no development is authorized or would directly occur from the adoption of the General Plan Update, however development would occur within the planning area as guided by the policies of the General Plan Update. Short- term criteria pollutant emissions would occur during site preparation, grading, building construction, paving, and painting/ coating activities. Emissions would occur from use of construction equipment, worker, vendor, and hauling trips, and disturbance of on- site soils ( fugitive dust). Short- term air quality impacts would be determined on a project- by-project basis; if significant, then mitigation measures would be required by SCAQMD Rules to reduce construction emissions and to be implemented on an individual basis.

Carbon Monoxide ( CO) Hot Spots: CO hotspots are typically associated with intersections with lower ratings of Level of Services ( LOS), such as LOS E or F, which indicate high congestion and high amounts of idling vehicles that have the potential to generate a CO hotspot. There is one intersection within the City currently operating at LOS E, and there are 17 intersections within the City that are anticipated to operate at LOS E or F in either or both

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of the morning or evening peak hours without implementation of recommended circulation system improvements. Pursuant to General Plan policies, future development projects would be screened and analyzed pursuant to the CO Protocol to determine if a CO hotspot may occur at congested intersections. Mitigation may be required, if necessary, to alleviate traffic congestion and minimize the hotspot potential. With implementation of the proposed General Plan Update policies to require air quality analyses and traffic Level of Service (LOS) requirements, impacts related to carbon monoxide hotspots would be less than significant.

The Air Quality section of the General Plan Draft EIRconcluded that the following impacts would be less than significant with the implementation of General Plan policies and the application of standard development practices without mitigation:

Sensitive Receptors: Emissions from future development projects would have the potential to expose sensitive receptors to temporary, localized pollutant concentrations in excess of air quality standards. General Plan policies would require preparation of an air quality impact analysis for individual development projects where possible emissions could impact sensitive receptors, and such analysis would include project- specific mitigation measures, as appropriate. Furthermore, future construction activities would be subject to routine control measures as required by SCAQMD as well as guidelines set forth by the California Air Resources Board ( CARB). With the implementation of General Plan Policies and existing regulations, impacts would not be significant.

Toxic Air Contaminants: The General Plan land use plan includes an Industrial Park (IP), Light Industrial ( LI), and Heavy Industrial ( HI) land use categories that permit varying degrees of manufacturing, processing, and distribution activities. Future businesses of these types that may be developed within the designated industrial areas could result in emissions of a variety of toxic air contaminants. CARB has developed guidelines to assist local government agencies in siting new land uses that could be occupied by “sensitive individuals” at a safe distance from such sources. General Plan policies for future development includes preparation of air quality analysis, which would include health risk assessments where appropriate, which would address any potential impact that could occur in the City. With implementation of proposed General Plan programs and existing regulations that regulate and monitor toxic emitters, potential health impacts to sensitive receptors due to exposure to toxic air contaminants would be less than significant.

Odors: There are multiple existing potential sources of odors within the City, including two wastewater treatment facilities, crematoriums, as well as light and heavy industrial uses.

Future development within the area of these and other potential odor sources would have to consider potential impacts individually. Pursuant to General Plan policies, future

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development would be evaluated in regards to potential impacts related to odors. While siting is the primary mitigation to prevent exposure to odors, odors can also be mitigated in similar fashion to air pollutant emissions ( i.e. filtering). Impacts related to odors would be less than significant with implementation of the proposed General Plan policies.

3. 5. 2 Thresholds of Significance
The Mobility Plan Update could result in a significant impact if it:
a) Conflict with or obstruct implementation of the applicable air quality plan? b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or State ambient air quality standard?
c) Expose sensitive receptors to substantial pollutant concentrations? d) Result in other emissions ( such as those leading to odors) adversely affecting a substantial number of people?

3. 5. 3 Environmental Impacts
a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. The Project proposes to remove existing 2016 City Truck Routes on four ( 4) roadways:

Valley Boulevard ( between Pepper Avenue and western City limit), Barton Road (between La Cadena Drive and I-215), Washington Street (Mt. Vernon Avenue to I-215), and Hunts Lane (Commercial Road to North City Limits). The Project also proposes the reclassification of four ( 4) routes, M Street ( La Cadena Drive to Mt. Vernon Avenue), Valley Boulevard ( Rancho Avenue to its eastern terminus at Sperry Drive), Laurel Street (Pennsylvania Avenue to La Cadena Drive), and La Cadena Drive (Laurel Street to Mt. Vernon Avenue) from a City Truck Route to a Local Truck Route. The reclassification would restrict truck access to only trucks accessing local commercial businesses and reduce neighborhood cut- through truck traffic. Trucks currently using reclassified Local Truck Routes as cut- through to other jurisdictions would instead remain on the freeways ( I- 10 and I-215) to reach their destination. The Project also designates four ( 4) additional road segments as Local Truck Routes, Cooley Drive ( Mt. Vernon Avenue to the driveway north of Valleywood Street), Fogg Street Jefferson Lane to Congress Street and Congress Street to M Street), Congress Street (Fogg Street to 8thStreet), and 8thStreet ( Congress Street to Fogg Street). The Local Truck Route designation at the four ( 4) new road segments formalizes truck movements already occurring to access existing local commercial businesses. Count data was collected to confirm existing truck activity. At Cooley Drive east of Mt. Vernon Avenue 414 heavy- duty trucks were recorded. The Fogg Street, Congress Street, and 8th Street Local Truck Routes are connected, representing one corridor for commercial businesses with 208 heavy- duty trucks were recorded accessing this corridor at Fogg Street south of M Street. Trucks currently rely on these routes; the Local Truck Route designation does not create new truck demand and ensures that trucks continue to operate only on these routes to access their

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businesses rather than dispersing and cutting through on nearby neighborhood streets where children are frequently present.

The proposed Project would not result in any land use or policy changes that would result in new development or population or employment growth beyond what was projected in the City’s General Plan. The Project would not change absolute number of truck trips. The Project would reroute existing truck trips or formalize routes already containing truck traffic. This change is anticipated to result in up to 50 trucks trips a day being rerouted from a roadway with more sensitive receptors to any City Truck Route with fewer sensitive receptors, including heavy truck trips. The proposed project would not alter the significant and unavoidable impacts identified in the General Plan EIR. No change in the level of significance, identified in the General Plan EIR, would occur through operation of the proposed Project.
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or State ambient air quality standard?
No Impact. As summarized above, the proposed Project would not result in any land use or policy changes that would result in new development or population or employment growth beyond what was projected in the City’s General Plan. Similarly, the proposed Project would remove existing 2016 City Truck Routes on four (4) roadways, reclassify four (4) routes from a City Truck Route to a Local Truck Route, and designate four ( 4) additional routes as Local Truck Routes. Trucks currently using reclassified Local Truck Routes as cut- through to other jurisdictions would instead remain on the freeways ( I- 10 and I-215) to reach their destination. Newly designated Local Truck Routes are currently used by trucks to access local commercial businesses. The Project would not change absolute number of truck trips. The Project would reroute existing truck trips or formalize routes already containing truck traffic and would not result in the generation of additional vehicle trips, including heavy truck trips. As a result, there would be no increase of any criteria pollutant emissions The implementation of the proposed project would not increase or alter criteria pollutant emissions. No change in the level of significance, identified in the General Plan EIR, would occur through operation of the proposed Project.
c) Expose sensitive receptors to substantial pollutant concentrations? No Impact. The General Plan EIRconcluded that implementation of proposed policies and programs would provide sufficient protection for sensitive receptors. As summarized above, the proposed Project would remove existing 2016 City Truck Routes on four (4) roadways, reclassify four (4) routes from a City Truck Route to a Local Truck Route, and designate four (4) additional routes as Local Truck Routes. The Project would reroute existing truck trips or formalize routes already containing truck traffic and would not result in the generation of additional vehicle trips, including heavy truck trips.

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Trucks currently using reclassified Local Truck Routes as cut- through to other jurisdictions would instead remain on the freeways ( I-10 and I-215) to reach their destination. Newly designated Local Truck Routes are currently used by trucks to access local commercial businesses. Consistent with AB 98, the proposed Project would not introduce additional exposure and limit sensitive receptors i.e. residences, schools, daycare facilities, parks and playgrounds, nursing homes, and hospitals) along truck routes. The Project would not change absolute number of truck trips. The rerouted trucks would not result in an increase of over 50 trucks trips being rerouted to any City Truck Route. No change in the level of significance, identified in the General Plan EIR, would occur through operation of the proposed Project.
d) Result in other emissions ( such as those leading to odors) adversely affecting a substantial number of people
No Impact. The proposed project does not include any direct or reasonably foreseeable indirect physical changes to the environment or development of any new uses. The Project would reroute existing truck trips and would not result in the generation of additional vehicle trips, including heavy truck trips. The Project would not change absolute number of truck trips. The rerouted trucks would not result in an increase of over 50 trucks trips being rerouted to any City Truck Route.

There would be no construction activities that could result in odor impacts, and operational changes to truck traffic would not result in new odor generation. No change in the level of significance, identified in the General Plan EIR, would occur through operation of the proposed Project.

3. 5. 4 Adopted Mitigation Measures Applicable to the
Proposed Project
The General Plan EIRdid not identify any Air Quality mitigation measures.

3. 6 GREENHOUSE GAS EMISSIONS

3. 6. 1 Summary of Impacts Identified in the 2013 General Plan EIR
The Greenhouse Gas section of the General Plan Draft EIR concluded that the following impacts would be significant and unavoidable even with implementation of General Plan policies. No feasible mitigation measures were identified:

Long Term Operational Related Emissions: The projected long- term net increase in greenhouse gas (GHG) emissions from future development projects would result in GHG emissions from mobile, area, and operation sources. New development in the planning area guided by the proposed General Plan Update would generate approximately 24,502 metric tons of carbon dioxide equivalent ( MTCO2e) after the first year of growth and would increase additively as growth occurs over the long term. This volume of GHG emissions would exceed

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the SCAQMD interim threshold. It should be noted that the interim thresholds are not intended to be applied to the program- level, however as discussed below, the General Plan Update would be inconsistent with the CARB Scoping Plan and the Regional Transportation Plan/ Sustainable Communities Strategy (RTP/SCS) based on SCAG’s growth projections.

Greenhouse Gas Reduction Plans: The proposed General Plan Update supports four of the action categories, in the CARB Scoping Plan, through energy efficiency, green building, recycling/ waste, and water conservation through its policies. The proposed General Plan Update would directly support the implementation of the RTP/SCS in achieving mandated GHG reduction targets through its policies. However, the General Plan Update is not consistent with the population growth forecasts of the RTP/SCS because it does not provide the capacity for residential development to accommodate the projected population growth.

This inability to accommodate the projected population growth would indirectly generate growth elsewhere in the region and thus could potentially alter transportation plans and models of the RTP/SCS determined to achieve the noted GHG reduction targets.

The Greenhouse Gas of the General Plan Draft EIR concluded that the following impacts would be less than significant with the implementation of General Plan policies and the application of standard development practices without mitigation:

Short- Term Construction Related Emissions: As a policy document, no development is authorized or would directly occur from the General Plan Update, however development would occur within the planning area as guided by the policies of the General Plan Update.

Construction activities are short- term and cease to emit greenhouse gases upon completion, unlike operational emissions that are continuous year after year until operation of the use ceases. General Plan policies require analysis of GHG emissions and potential climate change impacts for future development projects.

3. 6. 2 Thresholds of Significance
The Mobility Plan Update could result in a significant impact if it:
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment.
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases.

3. 6. 3 Environmental Impacts
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment.

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No Impact. The Project proposes to remove existing 2016 City Truck Routes on four ( 4) roadways:

Valley Boulevard ( between Pepper Avenue and western City limit), Barton Road (between La Cadena Drive and I-215), Washington Street (Mt. Vernon Avenue to I-215), and Hunts Lane (Commercial Road to North City Limits). The Project also proposes the reclassification of four ( 4) routes, M Street ( La Cadena Drive to Mt. Vernon Avenue), Laurel Street ( Pennsylvania Avenue to La Cadena Drive), and La Cadena Drive (Laurel Street to Mt. Vernon Avenue), and Valley Boulevard ( Rancho Avenue to its eastern terminus at Sperry Drive) from a City Truck Route to a Local Truck Route. The reclassification would restrict truck access to only trucks accessing local commercial businesses and reduce neighborhood cut- through truck traffic. The Project also designates four (4) additional road segments as Local Truck Routes, Cooley Drive (Mt. Vernon Avenue to the driveway north of Valleywood Street), Fogg Street ( Jefferson Lane to Congress Street and Congress Street to M Street), Congress Street Fogg Street to 8thStreet), and 8thStreet ( Congress Street to Fogg Street). Count data recorded 414 heavy- duty trucks currently using Cooley Drive and 208 heavy- duty trucks using the Fogg Street/ Congress Street/ 8thStreet corridor. The Local Truck Route designation allows local trucks to continue to operate only on these routes to access their businesses rather than dispersing and cutting- through on nearby neighborhood streets where children are frequently present. The Project would not change absolute number of truck trips. The Project would not alter land uses and would not result in an increase of over 50 trucks trips being rerouted to any City Truck Route, including heavy truck trips, which could generate additional GHG emissions. No change in the level of significance, identified in the General Plan EIR, would occur through operation of the proposed Project. b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases.

No Impact. As summarized above, the proposed Project would reroute existing truck trips or formalize routes already containing truck traffic and would not result in an increase of over 50 trucks trips for any City Truck Route, including heavy truck trips, and would not result in any land use or policy changes that would result in new development or population or employment growth beyond what was projected in the City’s General Plan . No change in the level of significance, identified in the Certified EIR, would occur through operation of the proposed Project.

3. 6. 4 Adopted Mitigation Measures Applicable to the
Proposed Project
The General Plan EIRdid not identify any Greenhouse Gas mitigation measures.

3. 7 LAND USE & PLANNING
Summary of Impacts Identified in the 2013 General Plan EIR All of the potential Land Use and Planning impacts were determined to be Less Than Significant upon implementation of General Plan policies without Mitigation.

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Physically Divide an Established Community: According to the 2013 General Plan EIR, the proposed Circulation Element would not establish any new transportation routes or facilities.

No other types of major corridors are planned that would require clearing of existing land uses. The proposed General Plan supports maintenance of established neighborhoods through the General Plan Land Use (LU) Policies, including Policy LU-1.6, LU-1.9, LU-6.1, LU-

6.2, LU-6.3, LU-6.4, and LU-6.5. With the implementation of the proposed LU policies, no impact would occur.

Conflict with Applicable Land Use Plans, Policies, or Regulations: According to the 2013 General Plan EIR, the planning area is subject to a variety of federal, State and locally adopted plans designated to mitigate environmental impacts and preserve important resources. The 2013 General Plan EIR concluded that applicable land use plans, policies, and regulations would have a less than significant impact.

Conflict with Any Applicable Habitat or Natural Community Conservation Plan: The 2013 General Plan EIR identified that portions of the City are located within Recovery Units of the adopted Delhi- Sands Flower- Loving Fly Recovery Plan. The City is not within any other adopted habitat conservation plan or natural community conservation plan. As discussed in the 2013 General Plan EIR’s Biological Resources section, the Recovery Units of the Delhi- Sands Flower- Loving Fly Recovery Plan is designated as open space. Thus, it supports the objectives of the plan, and would have no effect upon the plan.

3. 7. 1 Thresholds of Significance
The Mobility Plan Update could result in a significant impact if it:
a) Physically divide an established community?
b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?

3. 7. 2 Environmental Impacts
a) Physically divide an established community?
No Impact. As described above, the updated City Truck Routes’ reclassification of routes from a City Truck Route to a Local Truck Route would create designated local routes for trucks which maintain access to commercial businesses and reduce neighborhood cut- through truck traffic. The introduction of additional Local Truck Routes formally establishes routes trucks already used to access local businesses while reducing surrounding neighborhood cut- through truck traffic on roadways where children are frequently present. The Project’s reclassification and designation of Local Truck Routes would not physically divide an established community. The Project’s reduction of neighborhood cut- through truck traffic would improve the surrounding residential areas.

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Furthermore, the Project proposes to update the General Plan Mobility Element Policy M -5.5 and Policy M-5.6, which would improve residential neighborhood conditions. Policy M-5.5 enforces established truck routes, in order to discourage truck shortcuts through residential neighborhoods.

Policy M-5.6 includes performance criteria for designated truck routes, which includes avoiding intrusions into residential neighborhoods. Thus, implementation of the Project would not physically divide an established community and would improve residential areas with compliance to AB 98 and SB 415. No impact would occur.
b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
No Impact. The Project would not conflict with any land use plan, policy or regulation adopted for the purpose of mitigating an environmental impact. As described above, the Project proposes to update the Mobility Element of the General Plan and amend Chapter 10.60 ( 2016 Truck Routes Master Plan) to Title 10 of the Colton Municipal Code in order to comply with AB 98/ SB 415. The Project’s reclassification of routes, designation of additional Local Truck Routes, and General Plan Mobility Element updates would minimize environmental impacts to local communities. The Local Truck Routes are aimed at reducing neighborhood cut- through truck traffic while maintaining truck access to local commercial businesses. The Project proposes to update the General Plan Mobility Element Policy M-5.5 and Policy M-5.6 to reflect recent updates to California Government Code Sections 65098 and 65302. Implementation of the Project would ensure compliance with AB 98 and SB 415 and would not conflict with any land use plans, policies or regulations. No impact would occur.

3. 7. 3 Adopted Mitigation Measures Applicable to the
Proposed Project
The General Plan EIRdid not include any Land Use and Planning mitigation measures.

3. 8 NOISE AND VIBRATION

3. 8. 1 Summary of Impacts Identified in the 2013 General Plan EIR
The Nosie section of the General Plan Draft EIRconcluded that the following impacts would be Less Than Significant upon implementation of General Plan policies without Mitigation.

Construction Noise: As a policy document, no development is authorized or would directly occur from the adoption of the General Plan Update, however development that would occur within the planning area as guided by the policies of the General Plan Update. Grading,

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paving, landscaping and building construction processes involve equipment and vehicles that are known to produce intrusive levels of noise. This would result in temporary increase in local noise levels near the active construction sites that could adversely affect neighboring land uses, particularly those where sensitive receptors are located. Continuing enforcement of the Municipal Code would reduce potential nuisance noise impacts.

Traffic Noise: Future population and employment growth within the planning area would result in increased traffic and the need for roadway and intersection improvements necessary to maintain desired levels of service. Increases in traffic could result in permanent increases in ambient noise levels, e.g., where a roadway segment is proposed to be expanded with additional travel lanes over the long- term to achieve level of service standards. Roadway noise could also increase on an existing roadway that would carry increasing traffic volumes.

In either set of circumstances, roadway noise levels could increase to beyond the levels considered acceptable for the adjacent land uses as defined by the City of Colton Noise Guidelines. Potential increases in noise levels along existing and proposed roadways would be assessed in conjunction with the City’s review of site- specific noise impact analyses.

Vibration: Development that would occur within the planning area as guided by the policies of the General Plan Update has the potential to generate perceptible vibration levels to sensitive receptors within 20 feet from the operation of heavy equipment. The proposed General Plan Update does not authorize any construction or other land altering activity that could result in construction- related vibration. Potential vibration due to future construction activities would be assessed in conjunction with the City’s routine review of site- specific geotechnical studies and the recommended grading and foundation design measures.

The Nosie section of the General Plan Draft EIR concluded that there would be no impacts with implementation of General Plan policies:

Airport Noise: The City of Colton is not located within an airport land use plan area or within two miles of a public airport or private airstrip. The nearest airport is the San Bernardino International Airport is located approximately three miles east of Colton. The City is not located within the 65 dBA contour map for the San Bernardino International Airport. As such, the proposed project would not expose residents or workers within two miles of an airport to excessive noise levels associated with air traffic.

3. 8. 2 Thresholds of Significance
The Mobility Plan Update could result in a significant impact if it:
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan

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or noise ordinance, or applicable standards of other agencies? b) Generation of excessive groundborne vibration or groundborne noise levels? c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the p roject area to excessive noise levels?

3. 8. 3 Environmental Impacts
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less than Significant Impact. Since the proposed project would not involve any new development, there would be no potential for substantial temporary or permanent noise levels related to construction activities. There would also be no noise generation changes with operations associated with development since there would be no land uses changes.

The potential for noise changes due to the proposed project would be limited to traffic noise, and in particular truck- related noise. Implementation of the proposed designated truck routes would be expected to reduce truck traffic along the following roadway segments within residential areas where 2016 City Truck Routes have been proposed for removal:

Valley Boulevard ( between Pepper Avenue and western City limit) Barton Road (between La Cadena Drive and I-215)
Washington Street (Mt. Vernon Avenue to I-215)
Hunts Lane (Commercial Road to North City Limits)
The Project also proposes to reclassify routes from a City Truck Route to a Local Truck Route. The reclassification would create designated local routes for trucks to access commercial businesses and reduce neighborhood cut- through truck traffic. The following 2016 City Truck Routes are proposed to be reclassified as Local Truck Routes:

M Street (La Cadena Drive to Mt. Vernon Avenue)
Valley Boulevard ( Rancho Avenue to its eastern terminus at Sperry Drive) Laurel Street (Pennsylvania Avenue to La Cadena Drive)
The removal of La Cadena Drive (Laurel Street to Mt. Vernon Avenue) as a Truck Route would restrict through trucks from using reclassified Local Truck Routes as cut- through to other jurisdictions and

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would require them to instead remain on the freeways ( I-10 and I-215) to reach their destination.

Noise levels on the aforementioned Truck Routes would be reduced consistent with the reduction of truck traffic along these routes. The rerouting of existing truck traffic would result in no more than 50 truck trips per day being rerouted to the proposed Truck Routes.

The following additional routes are to be designated as Local Truck Routes:

Cooley Drive (Mt. Vernon Avenue to the driveway north of Valleywood Street) Fogg Street (Jefferson Lane to Congress Street and Congress Street to M Street) Congress Street (Fogg Street to 8thStreet)
8thStreet (Congress Street to Fogg Street)
Count data recorded 414 heavy- duty trucks currently using Cooley Drive and 208 heavy -duty trucks using the Fogg Street/ Congress Street/ 8thStreet corridor. The truck volumes at the aforementioned routes would be maintained with the truck route designation. Existing truck traffic rerouted to these routes would originate from other local- serving trucks accessing commercial businesses on other neighborhood streets fronted by a park and an elementary school. The rerouting of existing truck traffic would result in no more than 50 truck trips per day being rerouted to Local Truck Routes.

According to standard traffic noise modeling methodology ( FHWA), a doubling in traffic volume results in an increase of approximately 3 dBA in roadway noise levels. 1 A 3-dBA increase is considered a noticeable but marginal increase in noise and is at the threshold of perceptibility for most people. The rerouting of existing truck trips would not result in a doubling of traffic volumes on any of the Truck Routes. Any increases in noise levels would be negligible. Further, the proposed Truck Routes would be consistent with AB 98 requirements and would establish designated truck routes where properties fronting these roads at least 50 percent commercial and industrial, thereby limiting sensitive receptors ( i.e. residences, schools, daycare facilities, parks and playgrounds, nursing homes, and hospitals) along truck routes. No change in the level of significance, identified in the General Plan EIR, would occur through operation of the proposed Project. b) Generation of excessive groundborne vibration or groundborne noise levels? 1 Federal Highway Adminstration, Highway Traffic Noise: Analysis and Abatement Guidance, https:// www.fhwa.dot.gov/environment/ noise/regulations_and_guidance/analysis_and_abatement_guidance/ revguidance.pdf Accessed November 2025.

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Less than Significant Impact. Since the proposed project would not involve any new development, there would be no potential for substantial temporary or permanent excessive groundborne vibration. As discussed above, the potential for vibration changes due to the proposed project would be limited to traffic vibration, and in particular truck- related vibration. According to the Federal Transit Administration, 2 typical road traffic– induced vibration levels are unlikely to be perceptible by people. Trucks and buses typically generate ground- borne vibration velocity levels of approximately 63 VdB (at a 50-foot distance). The Project would not change the absolute number of truck trips. The rerouting of existing truck traffic would result in no more than 50 truck trips per day being rerouted to the proposed Truck Routes. The rerouting of existing truck trips would not result in a doubling of traffic volumes on any of the Truck Routes. Any increases in vibration levels would be negligible. Further, the proposed Truck Routes would be consistent with AB 98 requirements and would establish designated truck routes where properties fronting these roads at least 50 percent commercial and industrial, thereby limiting sensitive receptors ( i.e. residences, schools, daycare facilities, parks and playgrounds, nursing homes, and hospitals) along truck routes. No change in the level of significance, identified in the General Plan EIR, would occur through operation of the proposed Project.
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
No Impact. The proposed Project does not include any development and would not expose people residing or working in the project area to airport noise. No change in the level of significance, identified in the General Plan EIR, would occur through operation of the proposed Project.

3. 8. 4 Adopted Mitigation Measures Applicable to the
Proposed Project
The General Plan EIRdid not identify any Noise mitigation measures. 2 Federal Transit Administration. Transit Noise and Vibration Impact Assessment, FTAreport no. 0123. September 2018 https:// www.transit. dot.gov/sites/fta.dot.gov/files/ docs/ research-innovation/ 118131/transit- noise-and-vibration- impact- assessment-manual-fta-report-no-0123_0.pdf. Accessed November 2025.

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3. 9 TRANSPORTATION / TRAFFIC

3. 9. 1 Summary of Impacts Identified in the 2013 General Plan EIR
The Transportation section of the General Plan Draft EIRconcluded that the following impacts would be Significant and Unavoidable even with implementation of General Plan policies. No feasible mitigation measures were identified:

Individual and Cumulative Level of Service Standards and Traffic Load and Capacity: The 2013 General Plan EIRidentified that with the intensities of development associated with the General Plan Update, nineteen ( 19) study intersections would operate at a deficient level of service ( LOS) F. Conditions following the intersections would worsen to LOS F, or compound to worse LOS F operations, in the future due to long -term implementation of General Plan land use policies and new development, including the West Valley Specific Plan area and in the Pellissier Ranch/ La Loma Hills area. Therefore, long- term implementation of the General Plan Update land use policy, in combination with regional contributions to traffic on the local road network, would result in significant and avoidable impacts to LOS standards and traffic load and capacity.

The Transportation and Traffic of the General Plan Draft EIR concluded that the following impacts would be Less Than Significant with the implementation of General Plan policies and Without Mitigation:

Air Traffic Patterns, Traffic Levels, or Location: According to the 2013 General Plan EIR, future development proposed pursuant to the General Plan Update would not affect air traffic patterns due to Colton’s distance from Ontario International Airport. Therefore, impacts on air traffic patterns would be less than significant and no mitigation is required.

Design Features or Incompatible Uses: According to the 2013 General Plan EIR, intent of the Mobility Element includes provision of safe traffic conditions citywide, for all mobility modes. Therefore, the General Plan Update would include Policy M-1.2, M-3.2, M-3.6, and M-

4.1. With implementation of the proposed Mobility Element policies, street improvements would be designed in accordance with all applicable standards relating to vehicle traffic, bicycles, and pedestrian safety. Impacts would be less than significant and no mitigation is required.

Emergency Access: According to the General Plan EIR, future development of the General Plan Update would be subject to the provisions of the City’s Fire Code with regard to providing adequate emergency access. The General Plan Update does not include policies that would

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change standards to emergency access or interfere with policy implementation. Therefore, impacts would be less than significant and no mitigation is required.

Parking Capacity: According to the 2013 General Plan EIR, the General Plan Update supports provision of adequate parking in future developments through Policy M-6.1 thru M-6.6.

Through implementation of these policies, in conjunction with the parking supply and design standards of the City’s Zoning Code, impacts to adequate parking would be less than significant. No mitigation is required.

Adopted Policies, Plans, or Programs: According to the 2013 General Plan EIR, the General Plan Update would not interfere with any adopted plan or policy related to alternative transportation. The General Plan Update would include Policies M-1.1 through M-1.5, Policies M-2.1 through M-2.14, and Policy M-3.8, which would support alternative modes of transportation including public transit, bicycling, and walking. Additionally, the proposed Complete Streets Plan would promote development of street design that can accommodate diverse travel modes. Therefore, no adverse impact to alternative transportation plans, programs, or facilities would occur and impacts would be less than significant. No mitigation is required.

3. 9. 2 Thresholds of Significance
The Mobility Plan Update could result in a significant impact if it:
a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? b) Conflict or be inconsistent with CEQA Guidelines § 15064. 3, subdivision ( b)? c) Substantially increase hazards due to a geometric design feature ( e. g., sharp curves or dangerous intersections) or incompatible uses ( e. g., farm equipment)? d) Result in inadequate emergency access?

3. 9. 3 Environmental Impacts
a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? No Impact. In compliance with AB 98, the proposed project is an update to the General Plan Mobility Element. As described in Section 2.0, Project Description, the project complies with this legislation.

The project, including the designation of truck routes and weight restricted routes, would not conflict with any policies, plans or programs for transportation. b) Conflict or be inconsistent with CEQA Guidelines § 15064. 3, subdivision ( b)? No Impact. The General Plan EIR evaluated potential level of service impacts to the City’s transportation network but did not analyze potential Vehicle Miles Traveled (VMT) with and without