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

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

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

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

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

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

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

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

3.13 Indemnification.

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

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

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

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

3.14 Insurance.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.15 Bond Requirements.

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

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

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

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

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

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

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

3.17 Employee/Labor Certifications.

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

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

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

3.18 General Provisions.

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

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

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

3.18.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate this Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offse t City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is

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

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

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

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

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

CONTRACTOR:

DM Contracting
1065 Harber Drive
Colton, CA 92324
Attn: David S. Magana, President

CITY:

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

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

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

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

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

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

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

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

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

3.18.15 Certification of License.

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

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

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

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

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

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

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22 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE CITY OF COLTON
AND DM CONTRACTING, INC.

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

CITY OF COLTON DM CONTRACTING

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

Attest:

____
Isaac T. Suchil
City Clerk

#771187

A – General Engineering
C8 – Concrete
C12 – Earthwork & Paving
_______________________________
Contractor’s License Number/Classification

1000001550
_______________________________
DIR Registration Number

Approved as to Form:

______________________________
Best Best & Krieger LLP
City Attorney

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CONTRACT
23 EXHIBIT “A”

SERVICES / SCHEDULE

 Services
o Water Pollution Control
o Temporary Traffic Control
o Construction Survey and Staking
o Remove and replace residential sidewalk per City std. 108/109 o Install new sidewalk including subgrade prep. per City std. 108/109 o Install 8" curb and gutter per City std. 106
o Install 8" curb only per City std. 106
o Install commercial drive approach per city standard 111 o Install residential drive approach per city standard 110 o Install residential driveway
o Remove & Replace exist. ADA ramp per SPPWC
o Construct new Cross Gutter per City Std. 112

 Schedule
o Contractor shall perform and complete all Work under this Contract within 90 Working Days, beginning the effective date of the Notice to Proceed (“Contract Time”).

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CONTRACT
24 EXHIBIT “B”
PLANS

 See specifications, standards, and project street list.

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CONTRACT
25 EXHIBIT “C”

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

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LABOR CODE CERTIFICATION
26 EXHIBIT “D”

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

DM CONTRACTING, INC.

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

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CONTRACTOR REGISTRATION CERTIFICATION
27 EXHIBIT “E”

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

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

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

DIR Registration Number:

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

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

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

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

Name of Contractor:____________________
Signature:

Name and Title:

Dated:

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

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PERFORMANCE BOND
28 EXHIBIT “F”

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Colton (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for FY 25/26 Citywide Sidewalk Repair Project (hereinafter referred to as the “Project”).

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

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

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

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

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

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

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

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

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

Remainder of This Page is Intentionally Left Blank

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

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

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

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

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

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

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

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

appeared , who proved to me on the basis of satisfactory

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

Page 231 of 308 ends

PERFORMANCE BOND
32 PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Colton (hereinafter designated as the “ City”), by action taken or a resolution passed ___________ , 20 ____has awarded to ________________ hereinafter designated as the “ Principal,” a contract for the work described as follows: FY 25/26 Citywide Sidewalk Repair Project (hereinafter referred to as the “Project”), and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

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

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

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

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

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

The Remainder of this Page is Intentionally Left Blank

Page 233 of 308 ends

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

(Corporate Seal) Surety
By

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

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

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

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

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

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

appeared , who proved to me on the basis of satisfactory

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)

Signer(s) Other Than Named Above

Page 236 of 308 ends

Item: 6.

Staff Report

Meeting Date: May 5, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Notice of Completion - Alley Paving & Sidewalk Improvement Project - Approve the Execution and Recordation of the Notice of Completion for the CDBG Colt 24-1- 03k-0301 Alley Paving & Sidewalk Improvement Project.

Recommended Action:

Staff recommend that the City Council approve the execution and recordation of the Notice of Completion for the CDBG Colt 24-1-03k-0301 Alley Paving & Sidewalk Improvement Project completed by DM Contracting, Inc.

Background:

Four locations were identified for maintenance and improvement. Two alleys were repaved, one sidewalk infilled, and another sidewalk installed.

Issues/Analysis:

On October 21, 2025, the City Council awarded a construction contract to DM Construction, Inc. for the CDBG Colt 24-1-03k-0301 Alley & Sidewalk Improvement Project in the amount of $262,751.50. The project is now complete.

Fiscal Impacts:

There is no additional fiscal impact to file the Notice of Completion. The project was funded with Community Development Block Grant funds using capital improvement account number 215-2507-6920-3890-0000-000. The total project costs are estimated as follows:

EXPENDITURES
CIP Salary $3,205.69
Construction Contract $262,751.50

Page 237 of 308 ends

Legal Advertising $438.82
Notice of Exemption $50
TOTAL $266,446.01

The CIP Salary is the amount of cost generated to manage the project by the Public Works Engineering Department.

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. Notice of Completion - CDBG Colt 24-1-03k-0301 Alley Paving & Sidewalk Improvement, DM Contracting Inc

Page 238 of 308 ends

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 APRIL 07, 2026.

8. The name of the original contractor, if any, for the work of improvement was DM CONTRACTING, INC. The kind of work done or material furnished was the ALLEY PAVING & SIDEWALK IMPROVEMENT PROJECT.

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: E STREET, H STREET, ALLEY WITHIN K STREET/L STREET/3RD STREET/4TH STREET, AND ALLEY WITHIN VALLEY BOULEVARD/3RD STREET/4TH STREET.

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 ___________, 2026.

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

Page 239 of 308 ends

Item: 7.

Staff Report

Meeting Date: May 5, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Notice of Completion - Carnegie Museum Fencing Project - Approve the Execution and Recordation of the Notice of Completion for the Carnegie Museum Fencing Project completed by Red Hawk Services, Inc.

Recommended Action:

Staff recommend that the City Council approve the execution and recordation of the Notice of Completion for the Carnegie Museum Fencing Project completed by Red Hawk Services, Inc.

Background:

The Colton Museum was built in 1908 and currently houses a collection of historical artifacts and presents exhibits on the history of Colton. The Museum Board and City staff identified installation of wrought iron fencing/gate around the perimeter surrounding the property as a solution for its protection and preservation.

Issues/Analysis:

On January 21, 2025, the City Council awarded a construction contract to Red Hawk Services, Inc. for the Carnegie Museum (Building) Fencing Project in the amount of $98,669.63. On August 05, 2025, the City Council authorized Change Order No. 1 & 2 for an additional gate at the rear of the property near the trash enclosure and to address fence/gate adjustments to improve functionality, security, and maintenance of the site, respectively. Change Order No. 1 was in the amount of $3,747.88 and Change Order No. 2 was in the amount of $3,450.11 for a combined total of $7,797.99 or 7.3% of the original contract. The project is now complete.

Fiscal Impacts:

There is no additional fiscal impact associated with filing the Notice of Completion. The total contract cost was $105,867.62, including Change Order No. 1 and Change Order No. 2.

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Account Amount
Original Contract 225-6200-6222-3890-0000-000 $ 98,699.63 Change Order No. 1 225-6200-6222-3890-0000-000 $ 3,747.88 Change Order No. 2 225-6200-6222-3890-0000-000 $ 3,450.11 Total $105,867.62

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. Exhibit A- Notice of Completion

Page 241 of 308 ends

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

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

Names Addresses

N/A N/A

7. A work of improvements on the property hereinafter described was completed on APRIL 01, 2026

8. The name of the original contractor, if any, for the work of improvement was RED HAWK SERVICES, INC. The kind of work done or material furnished was the CARNEGIE MUSEUM FENCING PROJECT.

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: FENCING ALONG THE

PERIMETER OF THE COLTON AREA MUSEUM

The street address of the said property is 380 N. La Cadena Dr., Colton, CA 92324 APN-0162-102-01-0000

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 ___________, 2026.

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

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Item: 8.

Staff Report

Meeting Date: May 5, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Notice of Completion - C Street Slope Landscaping Project - Approve the Execution and Recordation of the Notice of Completion for the C Street Slope Landscaping Project.

Recommended Action:

Staff recommend that the City Council approve the execution and recordation of the Notice of Completion for the C Street Slope Landscaping Project completed by Superb Engineering, Inc.

Background:

C Street, between Pennsylvania Ave and 7th Street, was identified for installation of hardscape on the slope on either side of the street as a solution for its protection and preservation. Work included weed barrier, stone and rock.

Issues/Analysis:

On December 2, 2025, the City Council awarded a construction contract to Superb Engineering, Inc. for the C Street Slope Landscape Project in the amount of $100,195.00. On April 7, 2026, the Engineering Department issued Change Order No. 1 for the additional tonnage of ¾” CA Gold crushed rock to cover the increased area of the slope. Change Order No. 1 was in the amount of $4,975.00 or 4.97% of the original construction contract. The total construction cost is $105,170 and is now complete.

Fiscal Impacts:

There is no additional fiscal impact to file the Notice of Completion. The project was funded by the Measure I Fund in capital improvement account number 218-2617-6150-3890-0000-000. The total project costs are estimated as follows:

EXPENDITURES

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CIP Salary $3,189.83
Construction
Contract
$100,195.00
Change Order $4,975.00
Engineering
Support
$12,006.25
Legal Advertising $353.89
Notice of
Exemption
$50
TOTAL $120,769.97

The CIP Salary is the amount of cost generated to manage the project by the Public Works Engineering Department.

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. Notice of Completion, C Street Slope Landscaping Project, Superb Engineering Inc

Page 244 of 308 ends

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.

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

Names Addresses

N/A N/A

7. A work of improvements on the property hereinafter described was completed on APRIL 07, 2026.

8. The name of the original contractor, if any, for the work of improvement was SUPERB ENGINEERING, INC. The kind of work done or material furnished was the C STREET SLOPE LANDSCAPING PROJECT.

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: SLOPE ALONG C STREET, BETWEEN PENNSYLVANIA AVENUE AND 7TH STREET.

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 ___________, 2026.

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

Page 245 of 308 ends

Item: 9.

Staff Report

Meeting Date: May 5, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Bill Smith, City Manager
Item Name: Park Naming Resolution - Chavez Park - Approve Resolution Renaming Cesar Chavez Park to Colton Municipal Park, Resolution R-42-26.

Recommended Action:

It is recommended that City Council approve Resolution R-42-26, renaming Cesar Chavez Park to Colton Municipal Park.

Background:

At its Regular Meeting of 4/7/26, City Council directed staff to bring forth the necessary action to remove the name Cesar Chavez from the park located at the northwest corner of Mt. Vernon Avenue and E Street, and revert to the previous name of the park - Colton Municipal Park.

Issues/Analysis:

There no issues with this action, which has been reviewed by both staff and legal counsel.

Fiscal Impacts:

There is no significant fiscal impact as part of this action. There may be some minor impact due to replacement of signage, but any such expense will be covered within the currently approved budget for Fiscal Year 2025-26.

Alternatives:

City Council may provide alternative direction to staff, as desired.

Attachments:

1. R-42-26 Chavez Park Renaming

Page 246 of 308 ends

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21 22

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25 26

27 28
RESOLUTION NO. R-42-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COLTON TO CHANGE THE NAME OF CESAR CHAVEZ
PARK TO IT’S PREVIOUS NAME OF COLTON

MUNICIPAL PARK

WHEREAS, the City Park located at the northwest corner of Mt. Vernon Avenue and E Street was known as “Colton Municipal Park” from 1920 to 1994, and; WHEREAS, on October 18, 1994, the City Council adopted Resolution R-123- 94, changing the name of Colton Municipal Park to “Cesar Chavez Park,” and; WHEREAS, the City Council now finds it appropriate to repeal Resolution R- 123-04, and revert the name of the park back to “Colton Municipal Park.”

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

SECTION 1: Resolution R-123-94 is hereby repealed.

SECTION 2: The name of the City Park located at the northwest corner of Mt.

Vernon Avenue and E Street shall henceforth be known by its original name of “Colton Municipal Park.”

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

________________________________
FRANK J. NAVARRO, Mayor

ATTEST:

_______________________________________
ISAAC T. SUCHIL, City Clerk

Page 247 of 308 ends

Item: 10.

Staff Report

Meeting Date: May 5, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Purchase Amendment - Enterprise Fleet Management – Substitution of Three (3) Ford F-150 Lightning trucks with Chevrolet Silverado EV trucks.

Recommended Action:
• Approve an amendment to the Enterprise Fleet Management purchase order to substitute three (3) Ford F-150 Lightning Extended Range Battery trucks with three (3) Chevrolet Silverado EV Extended Range Battery trucks for a total additional cost of $23,703.93 • Authorize the City Manager or his designee to execute all necessary documents related to this amendment.

Background:

On September 16, 2025, City Council approved the First Amendment to the Enterprise Fleet Management program and authorized the purchase of fourteen (14) vehicles for the Public Works and Utility Services Department.

Of those fourteen vehicles, four (4) Ford F-150 Lightning Extended Range Battery trucks were approved for the Water Utilities Division to support fleet modernization and compliance with the California Air Resources Board (CARB) Advanced Clean Fleets (ACF) regulation.

Since that approval, the City successfully received one (1) Ford F-150 Lightning. However, Ford Motor Company subsequently notified Enterprise Fleet Management that production orders for the remaining all-electric F-150 Lightning models were canceled and would not be fulfilled. As a result, three (3) vehicles must be substituted with a comparable zero-emission alternative.

Page 248 of 308 ends

Issues/Analysis:

Staff evaluated available electric pickup truck options that meet the operational needs of the Water Utilities Division. The Chevrolet Silverado EV Extended Range Battery model was identified as the most suitable replacement based on range, payload capacity, operational performance, availability, and compliance with the California Air Resources Board (CARB) Advanced Clean Fleets requirements.

The Chevrolet Silverado EV will replace three (3) of the originally approved Ford F-150 Lightning vehicles.

The cost difference between the originally approved Lightning and the Silverado EV is $7,901.31 per vehicle, resulting in an additional cost of $23,703.93.

Procurement will continue under the Enterprise Fleet Management program utilizing competitively bid Sourcewell pricing in accordance with Colton Municipal Code Section

3.08.140(C). All other terms and conditions of the Enterprise Master Lease Agreement remain unchanged.

Fiscal Impacts:

Sufficient appropriations are available within the FY 2025-26 adopted Water and Wastewater Utility Budgets in the following accounts:

Water Operations Capital Outlay, Automobile Account No. 521-8100-8101-4910-0000 - $7,901.31
Wastewater Operations Capital Outlay, Automobile Account No. 522-8200-8200-4910-000 - $15,802.62

All other terms of the Enterprise Fleet Management agreement remain unchanged. This agreement continues to be subject to GASB 87 financial reporting requirements.

Alternatives:

1. Provide alternative direction to staff

Attachments:

1. 2026 Silverado 1500 EV WT 5WT crew cab 5.75ft

Page 249 of 308 ends

Prepared For: City of Colton Date 04/09/2026
Alzammar, Bassam AE/AM ZRJ/KA0
Unit #
Year 2026 Make Chevrolet Model Silverado EV
Series Work Truck w/5WT All-Wheel Drive Crew Cab 5.75 ft. box 145.7 in. WB Vehicle Order Type Ordered Term 60 State CA Customer# 481152 $ 58,659.60 Capitalized Price of Vehicle 1
$0.00 * Sales Tax 0.0000% State CA
$ 937.57 * Initial License Fee
$ 0.00 Registration Fee
$ 360.00 Other: (See Page 2)
$ 59,018.00 * Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 * Security Deposit
$5,995.33 * Taxes
All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote.

Order Information
Driver Name
Exterior Color (0 P) Summit White
Interior Color Black w/Evotex Seat Trim
Lic. Plate Type Exempt
GVWR 0
$ 1.60 Total Capitalized Amount (Delivered Price)
$ 0.02 Depreciation Reserve @ 1.3500%
$ 44.99 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor) 2 $ 45.01 Total Monthly Rental Excluding Additional Services Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$ 0.00 Physical Damage Management Comp/Coll Deductible 0 / 0 $ 0.00 Full Maintenance Program 3 Contract Miles 0 OverMileage Charge $ 0.0650 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included $ 0.00 Additional Services SubTotal
$ 3.94 Tax 8.7500% State CA
$ 48.95 Total Monthly Rental Including Additional Services $ 0.40 Reduced Book Value at 60 Months
$ 400.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 10,000
(Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval)
Notes General Motors $9,500 incentive included
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.

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

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

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

LESSEE City of Colton

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

Open-End (Equity) Lease Rate Quote Quote No: 9901985
Printed On 04/09/2026 08:27:22 AM Page 1 of 6

Page 250 of 308 ends

Other Totals
Description (B)illed or (C)apped Price
Initial Administration Fee C $ 60.00
Courtesy Delivery Fee C $ 300.00
Total Other Charges Billed $ 0.00
Total Other Charges Capitalized $ 360.00
Other Charges Total $ 360.00
Open-End (Equity) Lease Rate Quote Quote No: 9901985
Printed On 04/09/2026 08:27:22 AM Page 2 of 6

Page 251 of 308 ends

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

INVOICE MSRP
Base Vehicle $64,015.4 $66,200.00
Total Options $1,049.20 $1,085.00
Destination Charge $2,595.00 $2,595.00
Total Price
SELECTED COLOR:

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

CODE DESCRIPTION INVOICE MSRP
5WT Preferred Equipment Group 5WT NC NC
A2V 6-Way Manual Driver Seat Adjuster Included Included A7E Front Passenger 4-Way Manual Seat Adjuster Included Included AR9 Front Bucket Seats STD STD
C5F GVWR: 9,990 lbs (4,531 Kg) STD STD
CGN Black Chevytec Spray-on Bedliner $527.02 $545.00
EN0 Engine: None STD STD
ETI Extended Range Battery Pack Included Included
FE2 4-Wheel Independent Suspension STD STD
GAZ_01 (0 P) Summit White NC NC
H9F_03 Black w/Evotex Seat Trim NC NC
MF1 Transmission: None STD STD
PAINT Monotone Paint Application STD STD
QWJ Tires: LT265/70R18 All-Season Blackwall STD STD
RIP Wheels: 18" X 8.5" High Gloss Black Painted Alum STD STD STDAX Axle Ratio: 11.63 STD STD
STDTM Evotex Seat Trim STD STD
U2K SiriusXM w/360L Trial Subscription Included Included UQF 6-Speaker Audio System Feature Included Included
URW Radio: 17.7" Diagonal Advanced Color LCD Display STD STD VK3 Front License Plate Bracket Mounting Package $38.68 $40.00 YF5 California State Emissions Requirements $483.50 $500.00 $67,659.60 $69,880.00
Open-End (Equity) Lease Rate Quote Quote No: 9901985
Printed On 04/09/2026 08:27:22 AM Page 3 of 6

Page 252 of 308 ends

CONFIGURED FEATURES:

Body Exterior Features:

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

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

Open-End (Equity) Lease Rate Quote Quote No: 9901985
Printed On 04/09/2026 08:27:22 AM Page 4 of 6

Page 253 of 308 ends

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

ABS  four-wheel ABS brakes
Number of ABS Channels:  4 ABS channels
Brake Assistance:  brake assist
Brake Type:  DuraLife four-wheel disc brakes
Vented Disc Brakes:  front and rear ventilated disc brakes Daytime Running Lights:  daytime running lights
Spare Tire Type:  full-size spare tire
Spare Tire Mount:  underbody mounted spare tire w/crankdown Driver Front Impact Airbag:  driver and passenger front-impact airbags Driver Side Airbag:  seat-mounted driver and passenger side-impact airbags Overhead Airbag:  curtain 1st and 2nd row overhead airbag Occupancy Sensor:  front passenger airbag occupancy sensor Height Adjustable Seatbelts:  height adjustable front seatbelts Seatbelt Pretensioners:  front seatbelt pre-tensioners
3Point Rear Centre Seatbelt:  3 point rear centre seatbelt Side Impact Bars:  side-impact bars
Perimeter Under Vehicle Lights:  remote activated perimeter/approach lights Tailgate/Rear Door Lock Type:  manual tailgate/rear door lock Rear Child Safety Locks:  rear child safety locks
Ignition Disable:  immobilizer
Panic Alarm:  panic alarm
Tracker System:  tracker system
Electronic Stability:  StabiliTrak w/Proactive Roll Avoidance electronic stability stability control with anti-rollover Traction Control:  ABS and driveline traction control
Front and Rear Headrests:  manual adjustable front head restraints Open-End (Equity) Lease Rate Quote Quote No: 9901985
Printed On 04/09/2026 08:27:22 AM Page 5 of 6

Page 254 of 308 ends

Rear Headrest Control: 3 rear head restraints
Seats And Trim:

Seating Capacity  max. seating capacity of 5
Front Bucket Seats:  front bucket seats
Number of Driver Seat Adjustments:  6-way driver and passenger seat adjustments Reclining Driver Seat:  manual reclining driver and passenger seats Driver Height Adjustment:  manual height-adjustable driver and passenger seats Driver Fore/Aft:  manual driver and passenger fore/aft adjustment Front Centre Armrest Storage:  front centre armrest with storage Rear Seat Type:  rear 60-40 split-bench seat
Rear Folding Position:  rear seat fold-up cushion
Leather Upholstery:  Evotex leatherette front and rear seat upholstery Door Trim Insert:  vinyl door panel trim
Headliner Material:  full cloth headliner
Floor Covering:  full vinyl/rubber floor covering
Cabback Insulator:  cabback insulator
Shift Knob Trim:  urethane shift knob
Interior Accents:  metal-look interior accents
Cargo Tie Downs:  cargo tie-downs
Cargo Light:  cargo light
Standard Engine:

Engine 510-hp, (electric)
Standard Transmission:

Transmission 1-speed automatic
Open-End (Equity) Lease Rate Quote Quote No: 9901985
Printed On 04/09/2026 08:27:22 AM Page 6 of 6

Page 255 of 308 ends

Item: 11.

Staff Report

Meeting Date: May 5, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Purchase - Rockwell Engineering & Equipment - Approve Purchase of Replacement Pumps from Rockwell Engineering & Equipment.

Recommended Action:

Approve the purchase of multiple wastewater pumps and associated equipment from Rockwell Engineering & Equipment in the amount of $136,628.01 in accordance with Colton Municipal Code 3.08.140(E)

Background:

The City of Colton Water Reclamation Facility (WRF) processes approximately five million gallons per day of wastewater from residential, commercial, and industrial sources. The treatment process relies heavily on various pumps, including submersible chopper pumps and rotary lobe pumps, to convey wastewater and sludge throughout the facility.

These pumps operate under harsh conditions and are subject to wear, clogging, and mechanical failure over time. When failures occur, pumps must be removed from service and sent out for inspection and repair by the manufacturer’s authorized service provider.

Historically, the City has operated without spare pumps readily available, resulting in operational challenges during pump failures.

Issues/Analysis:

When a critical pump fails, staff must remove the unit and send it out for repair, which can take several weeks depending on the extent of damage and vendor lead times. During this period, operations rely on remaining pumps, reducing redundancy and increasing the risk of system

Page 256 of 308 ends

disruptions.

To improve reliability and operational efficiency, staff is recommending the purchase of replacement pumps to be kept in inventory. This approach allows staff to:

Immediately replace failed pumps with a ready-to-install unit • Minimize downtime and maintain full system redundancy • Reduce emergency response situations and operational risk • Send failed pumps out for repair without impacting ongoing operations

The proposed purchase includes the following equipment:
• One Boerger FL518 rotary lobe pump and rebuild kit for the D.A.F.T. system • One Vaughan SE6W-094 submersible chopper pump for the influent lift station • One Vaughan PE4S6CS pedestal chopper pump assembly for Lake Cadena lift station • One Vaughn SE4L chopper pump for the in-plant lift station These pumps are designed to match existing equipment currently in operation, ensuring compatibility with the City’s infrastructure and minimizing installation modifications.

Colton Municipal Code 3.08.140(E) Exceptions to competitive bidding, Non-Public Projects, Purpose of bidding is otherwise accomplished. When the City Manager determines that it is in the best interest of the City and its administrative operations to dispense with public bidding for Non-Public projects under this chapter.

Rockwell Engineering & Equipment is the authorized sole source provider for Vaughan pumps and Boerger equipment, including all parts, service, and warranty support.

Fiscal Impacts:

Sufficient appropriations are available in the adopted FY 2025/26 budget in the Wastewater Fund, Operations Equipment Account Number 522-8200-8200-4955-0000-000.

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. Quote Colton Boerger FL518 49680 (D.A.F.T.)

2. Quote Form_2231495 (Influent Wetwell)

3. Quote Form_2279059 (Lake Cadena Life Station)

4. Quote Form_2298124 (In-Plant Wetwell)

5. Rockwell Engineering Sole Source Letter Vaughan - City of Colton - 1_27_26

Page 257 of 308 ends

Rockwell Engineering and
Equipment
2913
El Camino Real, Suite
337
Tustin CA
92782-3366
USA
714-505-9700
www.rockwellengineering.com
Phone:

Quote Number: 1702159
QUOTE
Page:
1 of 2
Quote To:

Date:
3/17/2026
Expires:
4/16/2026
Quote Name
COLTON FL518
Sales Person:

Mike Langdon
Inside Sales:

Skip Ayres
Email:
[email protected]
Email:
[email protected]
Est. Lead Time:
4 - 6 WEEKS
Best Way
Ship Via::

FOB:

FOB Origin Prepay and Add
City of Colton
160 S. 10Th Street
Colton CA 92324 USA
Phone:
909-370-5065
Fax: 909-370-3377
USD
Line
Part
Description
Expected Qty
Unit Price
Ext. Price
1 10004336

BOERGER MODEL FL
518

BOERGER

ROTARY LOBE PUMP

DAFT TANK REPLACEMENT

DUPLICATE EXISTING PUMP

1.00 39,680.00
39,680.00
EA
2 90000006

BOERGER MODEL FL
518

WET END PARTS AND REBUILD KIT

1.00 10,490.00
10,490.00
EA
3 Freight

SHIPPING CHARGES

1.00 700.00
700.00
EA

Page 258 of 308 ends

Rockwell Engineering and
Equipment
2913
El Camino Real, Suite
337
Tustin CA
92782-3366
USA
714-505-9700
www.rockwellengineering.com
Phone:

Quote Number: 1702159
QUOTE
Page:
2 of 2
Lines Total
50,870.00
Line Miscellaneous Charges

0.00 Total Taxes
4,389.88
Quote Miscellaneous Charges

0.00 Total Taxes %

8.75 %
Quote Total (Cash/Check/ACH)
55,259.88
Quote Total (Only if Paid by Credit Card)
57,055.83
Accepted By
Accepted Date
Due to potential tariff impacts and pricing volatility, all prices are subject to change without notice.

Page 259 of 308 ends

Rockwell Engineering and
Equipment
2913
El Camino Real, Suite
337
Tustin CA
92782-3366
USA
714-505-9700
www.rockwellengineering.com
Phone:

Quote Number: 1702139
QUOTE
Page:
1 of 2
Quote To:

Date:
3/16/2026
Expires:
4/15/2026
Quote Name
COLTON SE6W
Sales Person:

Mike Langdon
Inside Sales:

Skip Ayres
Email:
[email protected]
Email:
[email protected]
Est. Lead Time:
8 - 10 WEEKS
Best Way
Ship Via::

FOB:

FOB Origin Prepay and Add
City of Colton
160 S. 10Th Street
Colton CA 92324 USA
Phone:
909-370-5065
Fax: 909-370-3377
USD
Line
Part
Description
Expected Qty
Unit Price
Ext. Price
1 90000006

VAUGHAN MODEL SE
6 W-
094

SUBMERSIBLE CHOPPER PUMP
30 HP
1750
RPM
460

V MOTOR
50 ' POWER CABLE

DUPLICATE SN
138424

1.00 32,850.00
32,850.00
EA
2 Freight
Freight

1.00 600.00
600.00
EA

Page 260 of 308 ends

Rockwell Engineering and
Equipment
2913
El Camino Real, Suite
337
Tustin CA
92782-3366
USA
714-505-9700
www.rockwellengineering.com
Phone:

Quote Number: 1702139
QUOTE
Page:
2 of 2
Lines Total
33,450.00
Line Miscellaneous Charges

0.00 Total Taxes
2,874.38
Quote Miscellaneous Charges

0.00 Total Taxes %

8.75 %
Quote Total (Cash/Check/ACH)
36,324.38
Quote Total (Only if Paid by Credit Card)
37,504.92
Accepted By
Accepted Date
Due to potential tariff impacts and pricing volatility, all prices are subject to change without notice.

Page 261 of 308 ends

Rockwell Engineering and
Equipment
2913
El Camino Real, Suite
337
Tustin CA
92782-3366
USA
714-505-9700
www.rockwellengineering.com
Phone:

Quote Number: 1702096
QUOTE
Page:
1 of 2
Quote To:

Date:
3/24/2026
Expires:
4/23/2026
Quote Name
REPLACE 99198
Sales Person:

Mike Langdon
Inside Sales:

Skip Ayres
Email:
[email protected]
Email:
[email protected]
Est. Lead Time:
8 WEEKS
Best Way
Ship Via::

FOB:

FOB Origin Prepay and Add
City of Colton
160 S. 10Th Street
Colton CA 92324 USA
Phone:
909-370-5065
Fax: 909-370-3377
USD
Line
Part
Description
Expected Qty
Unit Price
Ext. Price
1 90000011

VAUGHAN MODEL PE
4 S
6 CS

PEDESTAL CHOPPER PUMP

NEW PEDESTAL BASE

LESS MOTOR, STOOL & COUPLING

REPLACEMENT FOR SN
99198

DCI FOR EXISTING PUMP INCLUDED

1.00 14,800.00
14,800.00
EA
2 Freight

SHIPPING CHARGES

1.00 500.00
500.00
EA

Page 262 of 308 ends

Rockwell Engineering and
Equipment
2913
El Camino Real, Suite
337
Tustin CA
92782-3366
USA
714-505-9700
www.rockwellengineering.com
Phone:

Quote Number: 1702096
QUOTE
Page:
2 of 2
Lines Total
15,300.00
Line Miscellaneous Charges

0.00 Total Taxes
1,295.00
Quote Miscellaneous Charges

0.00 Total Taxes %

8.75 %
Quote Total (Cash/Check/ACH)
16,595.00
Quote Total (Only if Paid by Credit Card)
17,134.34
Accepted By
Accepted Date
Due to potential tariff impacts and pricing volatility, all prices are subject to change without notice.

Page 263 of 308 ends

Rockwell Engineering and
Equipment
2913 El Camino Real, Suite 337
Tustin CA 92782-3366
USA
714-505-9700
www.rockwellengineering.com
Phone:

Quote Number: 1702263 QUOTE Page: 1 of 2
Quote To: Date:4/2/2026
Expires:5/2/2026
Quote NameCOLTON SE4L
Sales Person:Mike Langdon
Inside Sales: Skip Ayres
Email:[email protected]
Email:[email protected]
Est. Lead Time:8 WEEKS
Best WayShip Via::

FOB: FOB Origin Prepay and Add
City of Colton
160 S. 10Th Street
Colton CA 92324 USA
Phone: 909-370-5065
Fax: 909-370-3377
Terms: See credit MGR for all
orders
USD
Line Part Description Expected Qty Unit Price Ext. Price 1 90000006
VAUGHAN MODEL SE4L

SUBMERSIBLE CHOPPER PUMP
20 HP 1750 RPM 460V XP MOTOR
50' POWER CABLE
4" GUIDE RAIL ADAPTER BRACKET

1.00 25,700.00 25,700.00EA
2 Freight

SHIPPING CHARGES

1.00 500.00 500.00EA

Page 264 of 308 ends

Rockwell Engineering and
Equipment
2913 El Camino Real, Suite 337
Tustin CA 92782-3366
USA
714-505-9700
www.rockwellengineering.com
Phone:

Quote Number: 1702263 QUOTE Page: 2 of 2
Lines Total 26,200.00
Line Miscellaneous Charges 0.00
Total Taxes 2,248.75
Quote Miscellaneous Charges 0.00
Total Taxes % 8.75 %
Quote Total (Cash/Check/ACH) 28,448.75
Quote Total (Only if Paid by Credit Card) 29,373.33
Accepted By
Accepted Date
Due to potential tariff impacts and pricing volatility, all prices are subject to change without notice.

Page 265 of 308 ends

TOTAL DYNAMIC HEAD (FEET)

0 0
0 20
40 60
80 100
A
B
C
D
E
F
Mod
SE4

Back-P
4-Bla
4” Di
6” Su

200
40 30%
35%
40%
45%
dels:

L
Pull-Out
ade Imp
scharg
uction
400
80 50%
55%60%
Casing
peller
ge
CAPACITY (U.S

CAPACITY (CU
600
120
65%
70%
CUR
A
B
C
D
E
F

DO NO
EXCEE
ARE SU
NOMIN

S. GALLONS PE

UBIC METERS P
80 160
71%
PERF

RVE POW
(HP/
20 20
15 15
10 /

7.5 OT OPERATE PU

ED HP SHOWN I

UBJECT TO CHA
NAL BOWL. GUA

ER MINUTE)

PER HOUR)
00 200
71%
70%
FORMA

WER SP
/KW) (R
/ 15 1
/ 15 1
/ 11 1
/ 11 1
/ 7.5 1
/ 5.5 1

UMP IN DOTTED

IF OPERATED I

ANGE WITHOU

ARANTEED MIN
1000
240
65%
60%
55 ANCE
PEED I
RPM) D
740 8
740 8
745 8
745 8
755 7
730 7

D PORTION OF

N DOTTED POR
UT NOTICE. EFF

NIMUM EFFICIE
Form V
1200
280
5%
50%
E CURV

IMPELLE

DIAMETE

8.90” (226

8.50” (216

8.30” (211

8.00” (203

7.50” (191

7.00” (178
CURVES. PUMP

RTION OF CURV

FICIENCIES SHO
NCIES PER H.I.

V370-SE4N-1

TOTAL DYNAMIC HEAD (METERS)
1400
0 6
12 18
24 30
VE
ER
ER
6 mm)
6 mm)
mm)
3 mm)
mm)
8 mm)
PS MAY
VE. CURVES

OWN ARE
LEVEL A.
1750 2/14

Page 266 of 308 ends

VAUGHAN CO., INC.
364 Monte Elma Road, Montesano, WA 98563
Phone: 1-360-249-4042 / Fax: 1-360-249-6155
Toll Free Phone (US only): 1-888-249-CHOP (2467)
Web Site: www.chopperpumps.com
Company E-mail: [email protected]
For all current patents, see http://www.chopperpumps.com/patents.htm

MADE IN THE

}- }5'-series submersible chopper pumps
Materials of Construction:

Impeller/Upper Cutter/Cutter Nut/Cutter Bar: .............. Cast alloy steel, heat treated to minimum Rockwell C 60.

Casing/Backplate:........................................................... Ductile cast iron.

Mechanical Seal: ............................................................. Silicon carbide or tungsten carbide.

Flange: ............................................................................ ANSI Class 125 Paint: ................................................................................ Ceramic Epoxy.

DRAWINGS AND DIMENSIONS SUBJECT TO CHANGE WITHOUT NOTICE. DO NOT USE FOR CONSTRUCTION PURPOSES.

CONTACT VAUGHAN FOR CERTIFIED CONSTRUCTION PRINTS.

A B C D E F G H J K P
SE3F
SE3G 6-3/8 6-3/8 4-7/8 7-7/8 7-7/8 9-7/16 4-9/16 11-9/16 8-5/8 22-5/8 3 SE3L
SE3M 6-3/8 6-3/8 5-1/8 7-7/8 7-7/8 9-7/16 4-9/16 10-7/8 9-5/8 23-5/8 3 SE3P 7-11/16 7-11/16 5-9/16 7-7/8 7-7/8 9-7/16 4-9/16 11-1/8 11-7/8 26 3 SE4K
SE4L 7-11/16 7-11/16 4-3/8 7-7/8 7-7/8 9-13/16 4-9/16 11-5/16 10-3/8 24-7/8 4 SE4S
SE4T 9-1/16 9-9/16 4-1/2 7-7/8 7-7/8 9-13/16 4-9/16 11-7/8 12-3/8 26-7/8 4 SE6W
SE6X 10-1/8 11-1/16 6 9-7/8 7-7/8 11 4-9/16 14-1/2 14-3/8 30-1/16 6

HP SPEED FRAME M W
5 1170
180TY 17-1/4 12-3/8 5 1750

7.5 1750

7.5 1170
210TY 21-7/8 15-1/4
10 1170
10 1750
15 1750
15 3510
20 1750
20 3510
15 1170
250TY 25-1/8 17
20 1170
25 1170
25 1750
25 3510
30 1750
30 3510
40 1750
40 3510
30 1170
320TY 25-1/2 18-3/4 50 1750
60 1750
75 1750

FRAME FITS PUMP MODEL
180TY ALL 3"-6" PUMPS
210TY ALL 3"-6" PUMPS
250TY ALL 3"-6" PUMPS
320TY 3P/4K/4L/4S/4T/6W/6X
15 MINUTE IN AIR FRAME SIZES ONLY

DIMENSIONS IN INCHES

Page 267 of 308 ends

SPECIFICATIONS, ´-´6(-SERIES SUBMERSIBLE CHOPPER PUMPS The submersible chopper pump shall be specifically designed to pump waste solids at heavy consistencies without plugging or dewatering of the solids. Materials shall be chopped and conditioned by the pump as an integral part of the pumping action. The pump must have demonstrated the ability to chop through and pump high concentration s of solids such as plastics, heavy rags, grease and hair balls, wood, paper products and stringy materials without plugging, both in tests and field applications. Pump shall be manufactured by Vaughan Co., Inc.

DETAILS OF CONSTRUCTION
A. Casing and Backplate: The pump casing shall be of volute design, spiraling outward to the Class 125 flanged centerline discharge. Back pull -out design shall incorporate adjusting sleeves for accurate adjustment of impeller -to-cutter bar clearance. Casing & backplate sh all be cast ductile iron with all water passages to be smooth, and free of blowholes and imperfections for good flow characteristics. A pressure tap shall be included on or near the discharge flange.

Backplate shall include a replaceable Rockwell C 60 alloy steel cutter adjustable for 0.005 -0.050" clearance to cut against the rotating impeller pumpout vanes for removing fiber and debris.

B. Impeller: Shall be semi-open type with pump out vanes to reduce seal area pressure. Chopping of materials shall be accomplished by the action of the cupped and sharpened leading edges of the impeller blades moving across the cutter bar at the intake openings, with a set clearance between the impeller and cutter bar of 0.015 -´FROG Impeller shall be cast allo y steel heat treated to minimum Rockwell C 60 and dynamically balanced. The impeller shall be keyed to the shaft and shall have no axial adjustments and no set screws.

C. Cutter Bar: Shall be recessed into the pump bowl and shall contain at least 2 shea r bars extending diametrically across the intake opening to within 0.010-´RIWKHURWDWLQJFXWWHUQXWWRRWKIRUWKHSXUSRVHRISUHYHQWLQJLQWDNH opening blockage and wrapping of debris at the shaft area. Chopper pumps utilizing individually mounted s hear bars shall not be acceptable. Cutter bar shall be cast alloy steel or alloy steel heat -treated to minimum Rockwell C60.

D. Cutter Nut: The impeller shall be secured to the shaft using a cutter nut, designed to cut stringy materials and prevent binding using a raised, rotating cutter tooth. The cutter nut shall be cast alloy steel heat treated to minimum Rockwell C60.

E. Upper Cutter: Shall be threaded into the back plate behind the impeller, designed to cut against the pump -out vanes and the impeller hub, reducing and removing stringy materials from the mechanical seal area. Upper cutter shall be cast alloy steel heat treated to minimum Rockwell C 60. The upper cutter teeth are positioned as closely as possible to the center of shaft rotat ion to minimize cutting torque and nuisance motor tripping. The ratio of upper cutter cutting diameter to shaft diameter in the upper cutter area of the pump shall be 3.0 or less.

F. Shafting: Pump shafting shall be heat -treated alloy steel. The pump shaft s hall directly couple to the motor shaft, with a bolt and keyway.

G. Submersible Electric Motor: The submersible motor shall be U/L or FM listed and suitable for Class I, Group C & D, Division I hazardous locations, rated at __ HP, ___ RPM, __ Volts, 60 Hertz and 3 phase, 1.15 service factor (1.0 for Continuous In -Air) with Class F insulation. Motor shall be equipped with tandem independently mounted mechanical seals in oil bath and with dual moisture sensing probes. Moisture probes must be connected to indicate water intrusion. The inner and outer seals shall be separated by an oil -filled chamber. The oil chamber shall act as a barrier to trap moisture and provide sufficient time for a planned shutdown. The oil shall also provide lubrication to the internal seal. The inner seal shall be a standard UL listed John Crane Type 21 or equal, with carbon rotating faces and ceramic stationary faces. The outer seal construction shall be desig ned for easy replacement. Outer mechanical seal shall be 316 stainless steel metal bellows type with silicon carbide or tungsten carbide faces. Seal shall be positively driven by set screws. Elastomers shall be of Viton®. Motor shall include two normally c losed automatic resetting thermostats connected in series and imbedded in adjoining phases. The thermostats must be connected per local, state, and/or the National Electric Code to maintain hazardous location rating and to disable motor starter if overheat ing occurs. Motor frame shall be cast iron, and all external hardware and shaft shall be stainless steel. Motor shall be sized for non-overloading conditions.

H. Stainless Steel Nameplate
6KDOO EH DWWDFKHG WR WKH SXPS JLYLQJ WKH PDQXIDFWXUHU¶V PRGHO DQG VHULal number, rated capacity, head, speed and all pertinent data.

I. Guide Rail System: Provide a guide rail system consisting of two galvanized or stainless steel guide rails (by others), cast ductile iron pump guide bracket, cast ductile iron discharge elbow with m ounting feet and Class 125 flanges, 316 stainless steel upper guide rail mounting bracket, and 316 stainless steel intermediate guide rail stiffener bracket every 10 feet.

J. Optional Spark Proof Guide Rail System: Provide a non-sparking guide rail system consisting of two galvanized or stainless steel guide rails (by others), cast bronze pump guide bracket, cast ductile iron discharge elbow with mounting feet and Class 125 flanges, 316 stainless steel upper guide rail mounting bracket, and 316 stainless intermediate guide rail stiffener bracket every 10 feet. System design shall prevent spark ignition of explosive gases during pump installation and removal.

K. Surface Preparation: Solvent wash and a single coat of Tnemec 431 epoxy applied at 5 MDFT minimum (except motor).

L. Optional Surface Preparation: SSPC-SP6 commercial sandblast (except motor), a prime coat of Tnemec 431 epoxy and a finish coat of Tnemec 431 epoxy for total finish of 30 MDFT minimum (except motor).

Form V387, Rev. 5 10/19, ECN4548

Page 268 of 308 ends

January 27, 2026
City of Colton
Water Utilities Division
160 S 10th Street
Colton, CA 92324
Whom it may concern:

The appointed Vaughan Company Inc. Representative and sole source for the City of Colton, CA including sales, service and parts is Rockwell Engineering. Please contact them for pricing, information or any other assistance you require.

Rockwell Engineering & Equipment
2913 El Camino Real
Ste 337
Tustin, CA 92782
Phone: 714-788-2767
Fax: 714-505-9800
E-mail: [email protected]
Sincerely,
Stefanie Vaughan
Vaughan Company, Inc.

Phone: 360.249.4042 ext. 227
E-Mail: [email protected]

Page 269 of 308 ends

Item: 12.

Staff Report

Meeting Date: May 5, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Supplemental Funding Agreement - Rivers & Lands Conservancy - Supplemental Funding Agreement by and between the City of Colton and the Rivers & Lands Conservancy for Fiscal Year 2026/2027.

Recommended Action:

1. Approve the Supplemental Funding Agreement for the Fly Habitat Conservation Easements by and between the City of Colton and the Rivers & Lands Conservancy in the amount of $61,660 for Fiscal Year 2026/2027 with option to renew for Fiscal Year 2027/2028 and Fiscal Year 2028/2029.

2. Authorize the City Manager to sign the agreement, including the option of extending the agreement for another two one-year terms.

Background:

On February 2, 2015, the U.S. Fish & Wildlife Service (“Service”) issued an Incidental Take Permit for the Delhi Sands Flower-loving Fly pursuant to the provisions of the West Valley Habitat Conservation Plan (HCP). The HCP was adopted by the City Council the following day.

Pursuant to Section 5.5.4 of the HCP, the City and Rivers and Lands Conservancy (“RLC”) entered into an Amended and Restated Conservation Easement between them dated December 7, 2018, and which Amended and Restated Conservation Easement has been amended by a Second Amendment to Conservation Easement dated April 22, 2022 (collectively, the “Conservation Easement”).

The Conservation Easement encumbers approximately 32 acres in the County of San Bernardino, and described as Assessor’s Parcel Numbers: (a) 0160-302-03; 0254-051-48, -49, -63, -64, -65, - 66; (b) 0254,-061-02, -36, -37, -38; and (c) 0254-071-29 (collectively, the “CE Property”), all of which is owned by City.

Page 270 of 308 ends

Pursuant to the Conservation Easement, RLC has agreed to undertake certain duties with respect to the CE Property (“RLC Duties”). The RLC Duties are funded by the earnings on an Endowment that was provided to RLC by the City, and which Endowment is subject to the terms and conditions of an Endowment Management Agreement between City and RLC dated June 14, 2022 (“Endowment Agreement”).

As provided in the Conservation Easement and the Endowment Agreement, RLC performs the RLC Duties using the interest and earnings on the Endowment and, once the interest and earnings on the Endowment are exhausted, RLC has no further obligation to perform the RLC Duties, until such time as additional interest and earnings are generated on the Endowment.

Pursuant to the Conservation Easement, the City is required to regularly remove trash from the CE Property pursuant to Section 5(g) of the Conservation Easement (“Trash Removal”).

Significant amounts of trash have been accumulating at the CE Property and, for City to fulfill its obligations for trash removal, City has requested that RLC assist it with the trash removal pursuant to the terms of this Agreement.

Issues/Analysis:

On April 25, 2024, the City of Colton and RLC entered into a supplemental funding agreement in the amount of $61,660 for trash removal services at West Colton fly habitat easement. The agreement term is for one year with an option to extend for another year. The current agreement will expire June 30, 2026, and the City and RLC wanted to continue the trash removal services for Fiscal Year 2026/2027 with an option of extending it for Fiscal Year 2027/2028 and Fiscal Year 2028/2029. The proposed agreement (attached) is similar to the previous agreement and includes the following major provisions:

• RLC agrees to undertake the Trash Removal services as described in the Scope of Work attached as Exhibit A to the Agreement.
• City agrees to reimburse RLC for the cost of the Services pursuant to a Budget attached as Exhibit B to the Agreement.

No additional environmental review is necessary for the proposed Supplemental Funding Agreement under California Environmental Quality Act (CEQA) Guidelines Section 15162. The scope of works for the Supplemental Funding Agreement is within the scope of the HCP as analyzed in the Environmental Assessment (EA) and Negative Declaration. Accordingly, the Supplemental Funding Agreement does not constitute a substantial change in the HCP that will require major revisions to the Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The potential environmental impacts of the HCP, which this Supplemental Funding Agreement would not alter, have already been analyzed. The City’s approval of the Supplemental Funding Agreement is merely a subsequent approval for an already approved HCP for which an EA and Negative Declaration have already been adopted under CEQA.

Fiscal Impacts:

The agreement will be effective July 1, 2026. The budget for the trash removal services for the conservation easement property is included in the department request for the FY 2026-27

Page 271 of 308 ends

General Fund Streets Professional Services Account Number 100-6150-6160-2350-0000-000.

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. Supplemental Funding Agreement

Page 272 of 308 ends

23152.06317\41883301.2

1 Supplemental Funding Agreement 001
203513.0050 - 29611753v1

SUPPLEMENTAL FUNDING AGREEMENT
This Supplemental Funding Agreement (“Agreement”) is made and entered into as of this 5th day of May 2026 (“Effective Date”) by and between the City of Colton (“City”) and Rivers & Lands Conservancy, a California nonprofit corporation (“RLC”). City and RLC are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
WHEREAS, City and RLC have entered into that certain Amended and Restated Conservation Easement between them dated December 7, 2018, and recorded in the Official Records of San Bernardino County, California, on April 25, 2019, as Instrument No. 2019- 0129649, and which Amended and Restated Conservation Easement has been amended by a Second Amendment to Conservation Easement dated April 22, 2022, and recorded in the Official Records of San Bernardino County, California, on August 10, 2022, as Instrument No. 2022- 0275887 (collectively, the “Conservation Easement”);
WHEREAS, the Conservation Easement encumbers approximately 32 acres in the County of San Bernardino, and described as Assessor’s Parcel Numbers: (a) 0160-302-03; 0254-051-48, -49, -63, -64, -65, -66; (b) 0254,-061-02, -36, -37, -38; and (c) 0254-071-29 (collectively, the “CE Property”), all of which is owned by City;
WHEREAS, pursuant to the Conservation Easement, RLC has agreed to undertake certain duties with respect to the CE Property (“RLC Duties”);
WHEREAS, the RLC Duties are funded by the earnings on an Endowment that was provided to RLC by City, and which Endowment is subject to the terms and conditions of an Endowment Management Agreement between City and RLC dated June 14, 2022 (“Endowment Agreement”);
WHEREAS, as provided in the Conservation Easement and the Endowment Agreement, RLC performs the RLC Duties using the interest and earnings on the Endowment and, once the interest and earnings on the Endowment are exhausted, RLC has no further obligation to perform the RLC Duties, until such time as additional interest and earnings are generated on the Endowment;
WHEREAS, pursuant to the Conservation Easement, the City is required to regularly remove trash from the CE Property pursuant to Section 5(g) of the Conservation Easement (“Trash Removal”);
WHEREAS, significant amounts of trash have been accumulating at the CE Property and, in order for City to fulfill its obligations for Trash Removal, City has requested that RLC assist it with the Trash Removal pursuant to the terms of this Agreement; and WHEREAS, the Parties are entering into this Agreement to memorialize RLC’s agreement to assist City with the Trash Removal, as provided below. Capitalized terms not otherwise defined

Page 273 of 308 ends

23152.06317\41883301.2

2 Supplemental Funding Agreement 001
203513.0050 - 29611753v1

herein shall have the meaning given to them in the Conservation Easement and/or the Endowment Agreement.

OPERATIVE PROVISIONS
1 . Trash Removal. RLC agrees to undertake the Trash Removal services described on Exhibit “A” attached hereto and incorporated herein by reference (the “Services”), on the terms and conditions set forth in this Agreement.

2. Compensation. RLC shall be paid for the Services, in an amount not to exceed the budget attached hereto as Exhibit “B”, and incorporated herein by reference (“Budget”). RLC shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by RLC. If RLC performs the Services with its own staff, such invoice shall include a calculation of the regularly hourly rate of the persons performing the Services, multiplied by the number of hours the Services were performed. To the extent that RLC performs the Services using a subcontractor, such invoice shall include the cost of such subcontractor, plus a ten percent (10%) administrative fee for RLC. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon. The Budget is applicable to each year during the Term (as hereinafter defined). In any given year during the Term, RLC shall have no obligation to perform further Services, once it has reached the Budget amount. (1) Reimbursement for Expenses. To the extent that RLC incurs third party costs or expenses in the performance of the Services, City shall reimburse RLC for such costs and expenses, plus a ten percent (10%) administrative fee.
(2) Right to Invoice in Advance. Should any of the Services require RLC to advance fees or costs, RLC shall have the right to invoice City in advance for such Services, and RLC shall not be obligated to perform any such Services, until RLC receives payment from City.

3. Term and Termination.

3.1 The term of this Agreement shall commence on the Effective Date, and shall end on the one (1) year anniversary of the Effective Date (“Term”); provided, however, that the Term shall automatically renew for successive two (2) one-year periods, unless either Party gives sixty (60) days’ notice to the other Party, electing not to renew the Term, in which event the Agreement shall end upon the expiration of the Term then in effect.

3.2 Notwithstanding the foregoing, City or RLC may terminate this Agreement at any time: (i) for cause, upon seven (7) days’ notice to the other Party, or (ii) without cause, upon ninety (90) days’ notice to the other Party. Upon any such termination, RLC shall be compensated only for those Services which have been adequately rendered to City through the date of such termination, and RLC shall be entitled to no further compensation.

4. Notices. Notices pursuant to this Agreement shall be given in the manner provided for in the Conservation Easement.
///

Page 274 of 308 ends

23152.06317\41883301.2

3 Supplemental Funding Agreement 001
203513.0050 - 29611753v1

5. Not An Amendment.

5.1 This Agreement is not, and shall not be construed as, an amendment to either the Conservation Easement or the Endowment Agreement. Nothing contained herein shall be construed to amend or modify the Parties respective rights or obligations under the Conservation Easement or Endowment Agreement.

5.2 Notwithstanding Section 5.1, above, the Conservation Easement shall be incorporated into this Agreement by this reference, as the Parties intend to use the provisions already provided by the Conservation Easement including, without limitation, the hold harmless provisions of Section 15, as if they were fully set forth as a part of this Agreement.

6. Assignment or Transfer. Neither City nor RLC shall assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the other party hereto. 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.

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

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

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the ________ day of __________________, 2026.

CITY OF COLTON

By:

Name:

Its:

Date:

RIVERS & LANDS CONSERVANCY, a
California non-profit corporation
By:

Name:

Its:

Date:

Page 275 of 308 ends

23152.06317\41883301.2

EXHIBIT “A”

TRASH REMOVAL SERVICES

SCOPE OF SERVICES

1. RLC staff will briefly monitor all areas of the CE Property twice per month noting trash dumping or other prohibited uses per the terms of the Conservation Easement. The information collected during monitoring will guide RLC’s trash removal planning and scheduling. RLC will keep a monitoring log and will provide it to the City as necessary.

2. If it is determined that the CE Property is being used for camping purposes, RLC will map the location(s) and notify the City and the Colton Police Department via email. Upon notice by the City and/or Colton Police Department that the CE Property has been cleared for trash removal, RLC will schedule a trash removal event according to 3. and 4. below. RLC will coordinate with the Colton Police Department so that an officer can be present at the start of the event. If an officer is unavailable for the entirety of the event, RLC will request an officer patrol the event location periodically.

3. Up to 10 trash removal events will be performed by RLC staff within the CE Property annually.

At the discretion of RLC, and for trash removals that are potentially harmful or hazardous, RLC will hire and oversee a contractor to remove the trash according to 4. below.

a. Each RLC trash removal event will be limited to one, eight (8) hour workday for two (2) RLC staff. The trash volume and weight shall be limited to one load in the RLC truck (Ford F-150) and utility trailer (6’x10’). Supplies and PPE will be purchased as needed to perform the removal, including but not limited to, trash bags, gloves, Tyvek suits, goggles, dust masks/respirators, and sharp containers.

b. Trash removed will be disposed of properly. Landfill receipts will be retained by RLC and provided to the City during invoicing.

4. Up to 6 trash removal events by a contractor shall be performed annually under the direction and supervision of RLC. Contractor invoices will be provided to the City by RLC during monthly invoicing.

Page 276 of 308 ends

23152.06317\41883301.2

EXHIBIT “B”

EXHIBIT “B”
BUDGET

Page 277 of 308 ends

Item: 13.

Staff Report

Meeting Date: May 5, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Vehicles Purchase - Wastewater - Approve Purchase of a 2026 Ford F350 Service Body Truck and a 2026 Ford F550 Service Body Truck for the Wastewater Department from Downtown Ford of Sacramento.

Recommended Action:

Dispense with competitive bidding under Colton Municipal Code section 3.08.140(C) and approve the purchase of the following vehicles from Downtown Ford of Sacramento through the State of California Department of General Services cooperative Agreement Number 1-22-23- 20F;
• One new 2026 Ford F350 Service Body truck in an amount not to exceed $232,066.44 for the Wastewater Department, Collections Maintenance Division; and • One new 2026 Ford F550 Service Body truck in an amount not to exceed $315,039.85 for the Wastewater Department, Plant Maintenance Division.

Background:

The Public Works and Utility Services Department, Wastewater Division, is requesting authorization to purchase two (2) replacement service body trucks for the Collections Maintenance Division and the Plant Maintenance Division. These vehicles will replace three (3) existing service body trucks that have exceeded their useful service life and are no longer cost- effective to maintain.

For the Collections Maintenance Division, staff proposes to replace one existing vehicle:
• Unit No. 264 – 2017 Ford F-350 Service Body Truck (69,765 miles) This vehicle is utilized daily to support maintenance and repair operations within the City’s sewer collections system, including response to sewer main failures and routine system maintenance. Due to its age and ongoing wear, the vehicle has reached the end of

Page 278 of 308 ends

its service life and is scheduled for decommissioning.

For the Plant Maintenance Division, staff proposes to replace two existing vehicles with one new service body truck:
• Unit No. 875 – 2005 GMC C4 Service Body Truck (65,887 miles) This vehicle has experienced frequent mechanical issues over the past year, resulting in increased maintenance costs and reduced reliability.
• Unit No. 515 – 1997 Ford F-350 Utility Body Truck (101,304 miles) This vehicle was reassigned from the Fire Department to the Utility Department approximately two years ago. Since that time, it has required multiple repairs and is no longer considered reliable for daily operations.

Given the age, condition, and maintenance history of these vehicles, staff has determined that continued investment in repairs is not cost-effective. Replacing these vehicles will improve operational efficiency, reduce maintenance costs, and ensure staff have reliable equipment to support critical wastewater operations.

Issues/Analysis:

Section 3.08.140(C) of the City's Purchasing Ordinance allows the City to dispense with competitive bidding when it is determined that a competitive bid procedure has been conducted by another public agency and the price to the City is equal to or better than the price offered to that agency.

The State of California Department of General Services (California DGS), Procurement Division, has established cooperative purchasing contracts to streamline the procurement process for governmental agencies. These contracts are competitively bid in accordance with state statutes and provide pre-established pricing for goods and services, including fleet vehicles.

The California DGS Statewide Contracts for fleet vehicles allow local agencies to purchase vehicles at competitively bid and negotiated pricing without the need to conduct a separate formal bidding process. Utilizing this contract ensures compliance with procurement requirements while improving efficiency and reducing administrative time.

Downtown Ford of Sacramento is an approved vendor under California DGS Contract No. 1-22- 23-20F and has provided pricing for the requested vehicles consistent with the terms and conditions of the State contract.

Staff recommends utilizing the California DGS cooperative purchasing contract for the acquisition of the two (2) replacement service body trucks, as it provides the best value to the City and ensures compliance with the City’s Purchasing Ordinance.

Fiscal Impacts:

Sufficient appropriations are available in the FY 2025/26 adopted budget in the Wastewater

Page 279 of 308 ends

Fund Operations Automobile Account Number 522-8200-8200-4910-0000-000.

Alternatives:

1. Provide Alternative Direction to Staff.

Attachments:

1. City of Colton - F350 Service Body

2. City of Colton - F550 Service Body

3. California DGS Statewide Contract

Page 280 of 308 ends

B 9 9 1 3
Name DATE 3/26/2026
Address SALES REP BETHANY
City COLTON State CA Zip 92324 PHONE 916-848-3177
Phone FOB SACRAMENTO
Qty Unit Price TOTAL
1 $47,359.00 $47,359.00
CLIN: 48

OPTIONS
1 $3,658.00 $3,658.00
1 $1,558.00 $1,558.00
1 $320.00 $320.00
1 $350.00 $350.00
1 $515.00 $515.00
1 $159,080.00 $159,080.00
1 $85.00 $85.00
SubTotal $212,925.00
DELIVERY $500.00
Cash SALES TAX $18,630.94
Check CA Tire Tax $10.50
Credit Card TOTAL $232,066.44
Name
CC #
Expires
872 - REAR VIEW CAMERA AND PREP KIT
F3F - CHANGE TO 4X4
SIGNATURE________________________________DATE_________
$500 DISCOUNT WITH PAYMENT IN 20 DAYS
Office Use Only
SALES TAX CALCULATED AT:

EXTERIOR COLOR:

BASED ON REGISTRATION ADDRESS

PRICING BELOW SUBJECT TO CHANGE

DOC FEE
F3G - REGULAR CAB DUAL REAR WHEEL 145" WB
18B - PLATFORM RUNNING BOARDS
CTEC QUOTE 16128
512 - SPARE TIRE / WHEEL / JACK

CITY OF COLTON
160 S. 10TH ST
ATTN: BASSAM ALZAMMAR

8.750%

YZ - OXFORD WHITE
STATE OF CALIFORNIA CONTRACT:

Description
2026 FORD F350 CAB CHASSIS 4 X 2
1-22-23-20F
525 N16TH STREET, SACRAMENTO, CA 95811
PHONE: 916-299-3529
QUOTE
Payment Details
Customer
CustomerCustomer

Page 281 of 308 ends

26421
Name DATE 4/2/2026
Address SALES REP BETHANY
City COLTON State CA Zip 92324 PHONE 916-848-3177
Phone FOB SACRAMENTO
Qty Unit Price TOTAL
1 $53,398.00 $53,398.00
CLIN: 52

OPTIONS
1 $3,031.00 $3,031.00
1 $320.00 $320.00
1 $350.00 $350.00
1 $515.00 $515.00
1 $231,525.00 $231,525.00
1 $85.00 $85.00
SubTotal $289,224.00
DELIVERY $500.00
Cash SALES TAX $25,307.10
Check CA Tire Tax $8.75
Credit Card TOTAL $315,039.85
Name
CC #
Expires
872 - REAR VIEW CAMERA AND PREP KIT
F5H - CHANGE TO 4X4
SIGNATURE________________________________DATE_________
$500 DISCOUNT WITH PAYMENT IN 20 DAYS
Office Use Only
SALES TAX CALCULATED AT:

EXTERIOR COLOR:

BASED ON REGISTRATION ADDRESS

PRICING BELOW SUBJECT TO CHANGE

DOC FEE
18B - PLATFORM RUNNING BOARDS
CTEC QUOTE 16130
512 - SPARE TIRE / WHEEL / JACK

CITY OF COLTON
160 S. 10TH ST
ATTN: BASSAM ALZAMMAR

8.750%

YZ - OXFORD WHITE
STATE OF CALIFORNIA CONTRACT:

Description
2026 FORD F550 REGULAR CAB CHASSIS GAS 4X2
1-22-23-20F
525 N16TH STREET, SACRAMENTO, CA 95811
PHONE: 916-299-3529
QUOTE
Payment Details
Customer
CustomerCustomer

Page 282 of 308 ends

Department of General Services
Procurement Division
707 Third Street, 2nd Floor
West Sacramento, CA 95605-2811
State of California

STATEWIDE CONTRACT

USER INSTRUCTIONS
All changes to mos t recent S upplem ent are in bold red it alic. Additi ons ar e enclos ed in as terisk s, * , and deleti ons are enclos ed in br ack ets , [ ].

MANDATORY
*Supplement 23
(Incorporates Supplements 1 – 23)*
ISSUE AND EFFECTIVE DATE: 3/25/2026*
CONTRACT NUMBER: 1-22-23-20 B through K
DESCRIPTION: Fleet Vehicles – Trucks
CONTRACTOR(S): Ocean Honda (1-22-23-20B)
Freeway Toyota (1-22-23-20C)
Winner Chevrolet (1-22-23-20D)
Elk Grove Auto (1-22-23-20E)
Downtown Ford Sales (1-22-23-20F)
Watsonville Fleet Group (1-22-23-20G)
CA Car Group (1-22-23-20H)
Riverview International (1-22-23-20I)
Sacramento Truck Center
(1-22-23-20J)
Bonander Truck & Trailer (1-22-23-20K)
CONTRACT TERM: 5/1/2022 - 4/30/2026 (23-20B)
5/1/2022 - 4/30/2027 (23-20C-K)
STATE CONTRACT ADMINISTRATOR: Jamie Boes
279-240-7274
[email protected]
The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions:

Non-IT General Provisions (rev 11/19/2021) (https://www.dgs.ca.gov/- /media/199A6A32E4DE4BECAFF4EFA7194350CD.ashx)

Cal eProcure link: www.caleprocure.ca.gov

Page 283 of 308 ends

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-20 B-K
Contract User Instructions, *Supplement 23*

Contract 1-22-23-20 B-K Page 2 *3/25/2026*
User Instructions
All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks; deletions are enclosed in brackets.

SUMMARY OF CHANGES
Supplement
Number Description/Articles Supplement
Date
*23* *Supplement 23 reflects the following change:
 Article 6 – Contact Items language has
been updated.
 Attachment A – Contract Pricing,
workbook updated.*
*3/25/2026*
22 Supplement 22 reflects the following change:
 Attachment A – Contract Pricing, pricing
adjusted.
3/16/2026
21 Supplement 21 reflects the following change:
 Attachment A – Contract Pricing, pricing
adjusted.
2/4/2026
20  Attachment A – Contract Pricing –
Supplement 19 has been replaced with
Attachment A – Contract Pricing –
Supplement 20.
 Article 6 Contract Items – Language has
been updated.
9/05/2025
19  Attachment A – Contract Pricing –
Supplement 17 has been replaced with
Attachment A – Contract Pricing –
Supplement 19.
7/2/2025
18  Cover Page – Contract Terms have been
updated.
 Atricle 33 – Language has been updated.
4/22/2025
17  Attachment A – Contract Pricing –
Supplement 16 has been replaced with
Attachment A – Contract Pricing –
Supplement 17.
3/28/2025
16  Attachment A – Contract Pricing –
Supplement 15 has been replaced with
Attachment A – Contract Pricing –
Supplement 16.
2/19/2025
15  Attachment A – Contract Pricing –
Supplement 14 has been replaced with
11/20/2024

Page 284 of 308 ends

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-20 B-K
Contract User Instructions, *Supplement 23*

Contract 1-22-23-20 B-K Page 3 *3/25/2026*
User Instructions
Attachment A – Contract Pricing –
Supplement 15.
 Attachment D – Vehicle Specifications –
Supplement 14 has been replaced with
Attachment D – Vehicle Specifications –
Supplement 15.
14  Attachment A – Contract Pricing –
Supplement 13 has been replaced with
Attachment A – Contract Pricing –
Supplement 14.
 Ariticle 32 – Vetted Forms/Certifications
language has been added.
 Article 33 – Generative AI Procurement
Procedures language has been added.
 Attachment D – Vehicle Specifications –
Supplement 13 has been replaced with
Attachment D – Vehicle Specifications –
Supplement 14.
09/19/2024
13  Front Page – Contract Term Extension of
Contracts 1-22-23-20 B-K through
04/30/2026.
 Attachment A – Contract Pricing –
Supplement 12 has been replaced with
Attachment A – Contract Pricing –
Supplement 13.
 Attachment D – Vehicle Specifications –
Supplement 1 has been replaced with
Attachment D – Vehicle Specifications –
Supplement 13.
06/07/2024
12  Front Page – State Contract Administrator
has been changed from Phillip Robinson to
Jamie Boes.
 Article 22 – State Contract Administrator
information has been updated.
 Termination of Contract 1-22-23-20A
 Attachment A – Contract Pricing –
Supplement 11 has been replaced with
Attachment A – Contract Pricing –
Supplement 12.
04/19/2024
11  Attachment A – Contract Pricing –
Supplement 10 has been replaced with
Attachment A – Contract Pricing –
Supplement 11
3/1/2024

Page 285 of 308 ends

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-20 B-K
Contract User Instructions, *Supplement 23*

Contract 1-22-23-20 B-K Page 4 *3/25/2026*
User Instructions
10  State Contract Administrator changed
 Downtown Ford email address updated
 Lithia Nissan contact information updated
 Attachment A – Contract Pricing –
Supplement 9 has been replaced with
Attachment A – Contract Pricing –
Supplement 10
12/11/2023
9  Updated Contractor for 1-22-23-20A
 Attachment A – Contract Pricing –
Supplement 8 has been replaced with
Attachment A – Contract Pricing –
Supplement 9
9/28/2023
8  Attachment A – Contract Pricing –
Supplement 7 has been replaced with
Attachment A – Contract Pricing –
Supplement 8
 Updated State Contract Administrator
information.
08/04/2023
7  Attachment A – Contract Pricing –
Supplement 6 has been replaced with
Attachment A – Contract Pricing –
Supplement 7
 Downtown Ford’s email address has been
updated
07/28/2023
6  Attachment A – Contract Pricing –
Supplement 5 has been replaced with
Attachment A – Contract Pricing –
Supplement 6
01/23/2023
5  Attachment A – Contract Pricing –
Supplement 4 has been replaced with
Attachment A – Contract Pricing –
Supplement 5
12/06/2022
4  Attachment A – Contract Pricing –
Supplement 3 has been replaced with
Attachment A – Contract Pricing –
Supplement 4
11/04/2022
3  Attachment A – Contract Pricing –
Supplement 2 has been replaced with
Attachment A – Contract Pricing –
Supplement 3
 Contact Information for Downtown Ford
has been updated
09/19/2022
2  Attachment A – Contract Pricing –
Supplement 1 has been replaced with
08/16/2022

Page 286 of 308 ends

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-20 B-K
Contract User Instructions, *Supplement 23*

Contract 1-22-23-20 B-K Page 5 *3/25/2026*
User Instructions
Attachment A – Contract Pricing –
Supplement 2*
1  Attachment A – Contract Pricing has been
replaced with Attachment A – Contract
Pricing – Supplement 1
 Attachment D – Vehicle Specifications has
been added
 Article 25 – Payments, language has been
modified
05/26/2022
N/A Original Contract Posted 05/01/2022
All other terms and conditions remain the same.

Page 287 of 308 ends

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-20 B-K
Contract User Instructions, *Supplement 23*

Contract 1-22-23-20 B-K Page 6 *3/25/2026*
User Instructions

Page 288 of 308 ends

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-20 B-K
Contract User Instructions, *Supplement 23*

Contract 1-22-23-20 B-K Page 7 *3/25/2026*
User Instructions
SCOPE
The State’s contracts provide Fleet Vehicles - Trucks at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract # 1-22-23-20 B – K. The contractors shall supply the entire portfolio of products as identified in the contract and will be the primary point of contact for data collection, reporting, and distribution of Fleet Vehicles - Trucks to the State.

The contract term is for three (3) years with an option to extend the contract for two (2) additional one (1) year periods or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between the contractor and the State. If a mutual agreement cannot be met the contract may be terminated at the end of the current contract term.

CONTRACT USAGE/RULES
A. State Departments
• The use of this contract is mandatory for State of California departments. State Departments may purchase any vehicle that is awarded to each line item. This contract does not include ranking.
• State departments must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 2 and SCM-F as applicable. • Prior to placing orders against this contract, State departments must have been granted non-IT purchasing authority by the Department of General Services, Procurement Division (DGS-PD) for the use of this statewide contract. State departments that have not been granted purchasing authority by DGS-PD for the use of the State’s statewide contracts may contact DGS-PD’s Purchasing Authority Management Section by e-mail at [email protected].
• Departments must have a Department of General Services (DGS) agency billing code prior to placing orders against this contract. Ordering departments may contact their Purchasing Authority contact or their department’s fiscal office to obtain this information.

B. Local Governmental Agencies
• Local governmental agency use of this contract is optional. • Local government agencies are defined as “any city, county, city and county, district or other governmental body or corporation”, per Public Contract Code Chapter 2, Section 10298 (b), empowered to expend public funds for the acquisition of products; this includes the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges. While the State makes this contract available to local governmental agencies, each local

Page 289 of 308 ends

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-20 B-K
Contract User Instructions, *Supplement 23*

Contract 1-22-23-20 B-K Page 8 *3/25/2026*
User Instructions
governmental agency should determine whether this contract is consistent with its procurement policies and regulations.
• Local governmental agencies shall have the same rights and privileges as the State under the terms of this contract. Any agencies desiring to participate shall be required to adhere to the same responsibilities as do State agencies and have no authority to amend, modify or change any condition of the contract. • A DGS issued billing code is not required for local governmental agencies to place orders against this contract.

C. Unless otherwise specified within this document, the term “ordering agencies” will refer to all State departments and/or local governmental agencies eligible to utilize this contract. Ordering and/or usage instructions exclusive to State departments or local governmental agencies shall be identified within each article.

DGS ADMINISTRATIVE FEES
A. State Departments
The DGS will bill each State department an administrative fee for use of this statewide contract. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS.

Current fees are available online in the Price Book & Directory of Services (https://www.dgs.ca.gov/OFS/Price-Book) (go to Price Book Download and click on Purchasing under Procurement Division).

B. Local Governmental Agencies
For all local government agency transactions issued against the contract, the Contractor is required to remit the DGS-PD an Incentive Fee of an amount equal to

1.25% of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the agency’s purchase price, nor invoiced or charged to the purchasing entity. All prices quoted to local governmental agency customers shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add-on fees.

SB/DVBE OFF-RAMP PROVISION
There is no SB/DVBE off ramp associated with this contract.

PROBLEM RESOLUTION/SUPPLIER PERFORMANCE
Ordering agencies and/or Contractor shall inform the State Contract Administrator of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informal disputes, supplier performance, outstanding deliveries, etc. The ordering agency should include all relevant information and/or documentation (e.g., purchase documents).

Page 290 of 308 ends

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-20 B-K
Contract User Instructions, *Supplement 23*

Contract 1-22-23-20 B-K Page 9 *3/25/2026*
User Instructions

CONTRACT ITEMS
Contract vehicles and pricing are listed on Attachment A, Contract Pricing. All prices listed shall be fixed as the maximum cost for the contract period unless a price increase is granted.

Each line item description on Attachment A, Contract Pricing, provides a description of the minimum requirements that each vehicle in that line item has met or exceeded.

A Maintenance Plan is offered on all light duty vehicles less than 8500 lbs Gross Vehicle Weight Rating (GVWR). Maintenance Plan pricing is listed on Attachment A, Contract Pricing. The purchase of the Maintenance Plan is optional. See Article 29, Maintenance Plan for more detailed information.
*California Air Resources Board (CARB)-Aligned and Drive Forward Leaders State departments are required to purchase designated vehicle categories from Original Equipment Manufacturers (OEM) that have certified clean vehicles and are investing in zero-emission vehicles (ZEV). In alignment with Executive Order N-27- 25, CARB has announced its Drive Forward Leaders initiative. This represents a transition from the CARB-aligned Original Equipment Manufacturers (OEMs) to the new Drive Forward Leaders program.

For more information, please visit the DGS, Office of Fleet and Asset Management (OFAM) webpage at: Vehicle Manufacturer Purchasing Restrictions. State ordering agencies are encouraged to contact OFAM for guidance. CARB-aligned and Drive Forward Leader vehicles are identified on Attachment A, Contract Pricing.* Price Increases
Price increases may be requested with each model year change and will be posted on a quarterly basis.

Quarterly Increases shall be processed on the following calendar days:
• July 1st
• October 1st
• January 1st
• April 1st
Contractors are requested to price protect the contracted price for the duration between the price increase request and the time the increase is processed. If the Contractor is unable to honor the price protection, the Contractor’s vehicle(s) will be unavailable for ordering until the price increases have been evaluated and approved.

Multiple Award

Page 291 of 308 ends

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-20 B-K
Contract User Instructions, *Supplement 23*

Contract 1-22-23-20 B-K Page 10 *3/25/2026*
User Instructions
Some line items may have multiple vehicles awarded with different make and models available. State Departments may choose any vehicle identified in the subject line item.

There is no vehicle ranking associated with this contract.

Sales Tax
The sales tax rate applied should be based on the rate of the “Bill To” address listed on the Purchase Order.

Options
All factory options shall be available and priced at Contractor cost plus up to 10% for an addition or Contractor cost minus up to 10% for a deletion in accordance with the manufacturer’s current model year price list. Types of equipment changes which might be made include, but are not limited, to the following:
• Add trailer tow package
• Add Bluetooth
• Add parking sensors
• Delete pick up box (bed)

In no case shall options be included or deleted in such a manner as to cause the vehicle to conflict with any other line item on any other vehicle contract.

The Contractor shall provide ordering agencies a copy of the current model year factory price sheet with requested options, within ten calendar days of request.

Third-party upfitting (e.g utility body) may be requested by ordering agencies, however, this service is non -mandatory. When applicable, third- party upfits shall be subject to the same pricing provisions as factory options.

Note: Vehicles with added or deleted options MUST continue to meet the appropriate minimum specification.

Tire Fee
Purchase orders MUST include the State mandated $1.75 per tire fee.

Document Processing Charge
In accordance with the California Vehicle Code Section 4456.5, a Contractor may charge the ordering agency a document processing charge for the preparation and processing of documents, disclosures, titling, registration, and information security obligations imposed by state and federal law. The document processing charge shall not exceed $85 per vehicle purchased.

A Contractor may charge the ordering agency an electronic filing fee, which does not exceed the actual amount the Contractor is charged by a first-line service provider. The electronic filing fee shall not exceed $30 per vehicle purchased.

Page 292 of 308 ends

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-20 B-K
Contract User Instructions, *Supplement 23*

Contract 1-22-23-20 B-K Page 11 *3/25/2026*
User Instructions

SPECIFICATIONS
All products must conform to the attached State of California Bid Specification Number 2310- 4181 dated 08/16/2021 (Attachment B).

Vehicle color shall be a solar reflective color (white, silver metallic, or gold metallic) per SAM Section 3620.1 (exceptions are listed in the same manual section).

CUSTOMER SERVICE
The Contractor shall provide office and personnel resources for responding to inquiries, including telephone and email coverage weekdays during the hours of 8:00 a.m. - 5:00 p.m., PT.

The customer service unit shall be staffed with individuals that:
• Are trained in the requirements of this contract
• Have the authority to take administrative action to correct problems that may occur The Contractor’s customer service unit shall respond to all customer inquiries within two (2) business days of initial contact.

Dealer Contract # Contact Phone Email
Ocean Honda 1-22-23-20B Pat Ireland (559) 707-
5735 [email protected]
Freeway Toyota 1-22-23-20C Pat Ireland (559) 707-
5735 [email protected]
Winner
Chevrolet 1-22-23-20D Jerry
Powers
(916) 426-
5752 [email protected]
Elk Grove Auto 1-22-23-20E Jerry
Powers
(916) 426-
5752 [email protected]
Downtown Ford
Sales 1-22-23-20F Sandra
Scott
916-252-
6260 [email protected]
Watsonville
Fleet Group 1-22-23-20G Yesenia
Covarrubias
(626) 457-
5590 [email protected]
CA Car Group 1-22-23-20H Richard M.

Slad
(925) 560-
4465 [email protected]
Riverview
International
Trucks
1-22-23-20I Jason
Farrell
(916) 371-
3110 [email protected]

Page 293 of 308 ends

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-20 B-K
Contract User Instructions, *Supplement 23*

Contract 1-22-23-20 B-K Page 12 *3/25/2026*
User Instructions
Dealer Contract # Contact Phone Email
Sacramento
Truck Center 1-22-23-20J Dean
Needham
(916) 286-
2013 [email protected]
Bonander Truck
& Trailer 1-22-23-20K Steve
Mannion
(916) 747-
6151 [email protected]
Note: Ordering agencies are encouraged to have one point of contact for inquiries, quotes, and orders whenever possible. Multiple calls and emails from various requestors for the same information can slow customer service response times.

PRODUCT SUBSTITUTIONS
Under no circumstance is the Contractor permitted to make substitutions with non- contract/unauthorized vehicles without approval of the DGS Contract Administrator (CA).

PURCHASE EXECUTION
A. State Departments
1) Std. 65 Purchase Documents
State departments not transacting in FI$CAL must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site:
https://www.dgsapps.dgs.ca.gov/osp/StatewideFormsWeb/Forms.aspx (select Standard Forms).

All Purchasing Authority Purchase Orders (Std. 65) must contain the following:
• Agency Order Number (Purchase Order Number)
• Ordering Agency Name
• Agency Billing Code
• Purchasing Authority Number
• Leveraged Procurement Number (Contract Number)
• Supplier Information (Contact Name, Address, Phone Number, Fax Number, E-mail)
• Line Item number
• Quantity
• Unit of Measure
• Commodity Code Number
• Product Description
• Unit Price
• Extension Price
• Office of Fleet and Asset Management (OFAM) Approval Stamp (State departments only)

Page 294 of 308 ends

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-20 B-K
Contract User Instructions, *Supplement 23*

Contract 1-22-23-20 B-K Page 13 *3/25/2026*
User Instructions
2) FI$CAL Purchase Documents
State departments transacting in FI$CAL will follow the FI$CAL procurement and contracting procedures.
3) Blanket Orders
The use of blanket orders against this statewide contract is not allowed.

B. Local Governmental Agencies
Local governmental agencies may use their own purchase document for purchase execution. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number is used by State departments only).

MINIMUM ORDER
The minimum order shall be one (1) vehicle.

ORDERING PROCEDURE
A. Ordering Methods:

Ordering agencies are to submit appropriate purchase documents directly to the contractor(s) via one of the following ordering methods:
• U.S. Mail
• Facsimile
• Email
The contractor’s Order Placement Information is as follows:

Page 295 of 308 ends

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-20 B-K
Contract User Instructions, *Supplement 23*

Contract 1-22-23-20 B-K Page 14 *3/25/2026*
User Instructions

ORDER PLACEMENT INFORMATION
Contract #
1-22-23-20B
U.S. Mail:

Ocean Honda
3801 Soquel Dr
Soquel, CA 95073
Attn: Pat Ireland
Facsimile:
(559) 961-4601
Email:
[email protected]

Contract #
1-22-23-20C
U.S. Mail:

Freeway Toyota
1835 Glendale Avenue
Hanford, CA 93230
Attn: Pat Ireland
Facsimile:
(559) 961-4601
Email:
[email protected]

Contract #
1-22-23-20D
U.S. Mail:

Winner Chevrolet
8575 Laguna Grove Drive
Elk Grove, CA 95757
Attn: Jerry Powers
Facsimile:
(916) 421-0149

Email:
[email protected]

Page 296 of 308 ends

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-20 B-K
Contract User Instructions, *Supplement 23*

Contract 1-22-23-20 B-K Page 15 *3/25/2026*
User Instructions

ORDER PLACEMENT INFORMATION
Contract #
1-22-23-20E
U.S. Mail:

Elk Grove Auto Group
8575 Laguna Grove Drive
Elk Grove, CA 95757
Attn: Jerry Powers
Facsimile:
(916) 421-0149

Email:
[email protected]

Contract #
1-22-23-20F
U.S. Mail:

Downtown Ford Sales
525 N 16th St
Sacramento, CA 95811
Attn: Sandra Scott
Facsimile:
(916) 491-3138
Email:
[email protected]
Contract #
1-22-23-20G
U.S. Mail:

Watsonville Fleet Group
1601 W. Main Street
Alhambra, CA 91801
Attn: Yesenia
Covarrubias
Facsimile:
(626) 457-5593
Email:
[email protected]
Contract #
1-22-23-20H
U.S. Mail:

CA Car Group
4200 John Monego Ct
Dublin, CA 94568
Attn: Richard M. Slade
Facsimile:

N/A
Email:

[email protected]

Contract #
1-22-23-20I
U.S. Mail:

Riverview International
Trucks
2445 Evergreen Avenue
West Sacramento, CA
95691
Attn: Jason Farrell
Facsimile:
(916) 372-8541
Email:
[email protected]

Contract #
1-22-23-20J
U.S. Mail:

Sacramento Truck Center
100 Opportunity Street
Sacramento, CA 95838
Attn: Dean Needham
Facsimile:
(916) 286-2085
Email:
[email protected]

Contract #
1-22-23-20K
U.S. Mail:

Bonander Truck & Trailer
4520 N Golden State
Blvd.

Turlock, CA 95382
Attn: Steve Mannion
Facsimile:
(209) 634-4965
Email:

[email protected]

Page 297 of 308 ends

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-20 B-K
Contract User Instructions, *Supplement 23*

Contract 1-22-23-20 B-K Page 16 *3/25/2026*
User Instructions
When using any of the ordering methods specified above, all State departments must conform to proper State procedures.

ORDER ACCEPTANCE
The Contractor shall accept orders from any State department or local governmental agency. The Contractor shall not accept purchase documents for this contract that:
• Are incomplete;
• Are submitted without OFAM approval stamp
• Contain non-contract items; or
• Contain non-contract terms and conditions.

The Contractor must not refuse to accept orders from any State department or local governmental agency for any other reason without written authorization from the CA.

ORDER ACKNOWLEDGMENT
The Contractor will provide the ordering agencies with an order receipt acknowledgment via e-mail/facsimile within ten (10) calendar days after receipt of an order. The acknowledgement will include:
• Ordering Agency Name
• Agency Order Number (Purchase Order Number)
• Description of Goods
• Vehicle Model Year
• Total Cost
• Date order is placed with manufacturer
• Anticipated Delivery Date
• Delayed Production Notification (if applicable)
• Discontinued Vehicle Notification (if applicable)
Contractor shall notify the ordering agency of any delays in production or delays in orders being accepted by the manufacturer for any period of time. Contractor shall provide estimated production start date and delivery date.

DELAYED PRODUCTION REMEDY
Upon receipt of order acknowledgment identifying a delay in production or orders not being accepted by the manufacturer, the ordering agencies shall have the following options:
• Request back order; or
• Cancel the item from the order with no penalty

DISCONTINUED VEHICLE REMEDY
Upon receipt of order acknowledgment identifying discontinued items, the ordering agencies shall have the following options:

Page 298 of 308 ends

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-20 B-K
Contract User Instructions, *Supplement 23*

Contract 1-22-23-20 B-K Page 17 *3/25/2026*
User Instructions
• Amend purchase document to reflect DGS approved replacement vehicle; or • Cancel the item from the order
Under no circumstance is the Contractor permitted to make substitutions with non- contract/unauthorized vehicles without approval of the DGS CA.

DELIVERY PROCEDURES
Pre-Delivery Checklist
Prior to delivery, each vehicle shall be completely inspected, serviced, and detailed by the delivering Contractor and/or the manufacturer’s pre-delivery service center. A copy of the pre-delivery checklist shall be completed for each vehicle, signed by a representative of the organization performing the inspection/service, and delivered with the vehicle.

Delivery:

Delivery shall be within one hundred and fifty (150) days after receipt of order unless there is a delay in production/order acceptance from the manufacturer when changing from one model year to the next. Contractor shall notify the ordering agency of such delay per Article 14, Order Acknowledgement.

Orders requiring customized work by a 3
rd party supplier may exceed the delivery period
requirement. Contractor shall notify ordering agency of extended delivery period per Article 14, Order Acknowledgement.

Caravan or drive-away method of delivery from the factory to a Contractor is not acceptable unless agreed upon by the ordering agency.

Drop ship deliveries shall not be made without prior State inspection. All vehicles shall be delivered with no less than five (5) gallons of fuel in the tank.

Unless pre-arranged between the Contractor and the ordering agency, vehicles delivered with more than 50 miles on the odometer may be charged fifty (50) cents per mile in excess of 50 miles. This charge may be reflected on the invoice as a deduction from the order price. Vehicles with more than five hundred (500) miles on the odometer may not be accepted.
**Cab and Chassis trucks may require driving from an out-of-state factory and may exceed the five hundred (500) mile or less expectation. The Contractor shall notify the ordering Department at the time of purchase order execution.

When feasible, Contractor is requested to make deliveries in metropolitan areas during off-peak hours. Off-peak hours are Monday through Friday, 10:00 AM to 4:00 PM PST.

Documents
The following documents shall be delivered to the receiving agency with the vehicle:

Page 299 of 308 ends

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-20 B-K
Contract User Instructions, *Supplement 23*

Contract 1-22-23-20 B-K Page 18 *3/25/2026*
User Instructions
• Completed and signed pre- delivery service checklist, including the order number and Vehicle Identification Number (VIN)
• “Line Set Tickets” or “Window (Monroney) Sticker” showing all options installed • One (1) copy of the warranty, including applicable certificates, cards, etc. • One (1) copy of the owner’s manual.

INSPECTION AND ACCEPTANCE
Vehicles ordered for State use will be inspected by a State inspector at the Contractor’s place of business or as otherwise agreed to by the Contractor and ordering agency.

Inspection will commence within five (5) working days of notification that a vehicle is ready for inspection. Inspection will include:
• Specification Compliance
• Workmanship
• Appearance
• Proper Operation of all Equipment and Systems
• Presence of all Applicable Documents
In the event deficiencies are detected, the vehicle will be rejected and the Contractor will be required to make the necessary repairs, adjustments or replacements. Payment and/or the commencement of a discount period (if applicable) will not begin until the defects are corrected and the vehicle is re-inspected and accepted.

Completion of inspection or acceptance by the State inspector shall in no way release the Contractor from satisfying the requirements of the contract, specifications, and warranty.

Deviations from the specified requirements that are detected by the inspection shall be corrected by the Contractor in an expeditious manner at no expense to the ordering agency.

Inspection by local agencies will be at the Contractor’s place of business or as otherwise agreed to by the Contractor and local agency.

EMERGENCY/EXPEDITED ORDERS
Not Applicable.

FREE ON BOARD (F.O.B.) DESTINATION
Contractors shall deliver vehicles to State or local agencies located in Sacramento County at no additional cost for delivery. If the Purchase Order indicates delivery outside Sacramento County, the Contractor and agency may negotiate delivery costs. If delivery is subject to an additional delivery charge, it shall be shown as a separate item on the purchase order and invoice.

Page 300 of 308 ends

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-20 B-K
Contract User Instructions, *Supplement 23*

Contract 1-22-23-20 B-K Page 19 *3/25/2026*
User Instructions
State departments requesting delivery outside of Sacramento County must contact the Transportation Management Unit for freight rate comparisons to confirm appropriate pricing if the Contractor is delivering the vehicle.

Responsibility and liability for loss or damage for all orders shall remain with the Contractor until final inspection and acceptance, when all responsibility shall pass to the ordering agency, except the responsibility for latent defects, fraud, and the warranty obligations.

SHIPPED ORDERS
All shipments shall be in accordance with the General Provisions, Article 12 entitled “Packing and Shipment”.

CONTRACT ADMINISTRATION
The State and the Contractors have assigned Contract Administrators as the single points of contact for problem resolution and related contract issues.

State Contact
Information
DGS/PD Contract
Administrator Contracts 1-22-
23-20B-K
Ocean Honda
Contract # 1-22-23-20B
Contact Name: Jamie Boes Pat Ireland
Telephone: (279) 240-7274 (559) 707-5735
Facsimile: NA (559) 961-4601
Email: [email protected] [email protected]
Address: DGS/Procurement Division
Attn: Jamie Boes
707 Third Street, 2 nd Floor, MS
201
West Sacramento, CA 95605
Ocean Honda
3801 Soquel Dr
Soquel, CA 95073

Dealer
Contact
Information
Freeway Toyota of Hanford
Contract # 1-18-23-20C
Winner Chevrolet
Contract # 1-18-23-20D
Contact
Name:

Pat Ireland Jerry Powers
Telephone: (559) 707-5735 (916) 426-5752
Facsimile: (559) 961-4601 (916) 421-0149
Email: [email protected] [email protected]
Address: Freeway Toyota
1835 Glendale Avenue
Hanford, CA 93230
Winner Chevrolet
8575 Laguna Grove Drive
Elk Grove, CA 95757

Page 301 of 308 ends

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-20 B-K
Contract User Instructions, *Supplement 23*

Contract 1-22-23-20 B-K Page 20 *3/25/2026*
User Instructions
Dealer
Contact
Information
Elk Grove Auto Group
Contract # 1-22-23-20E
Downtown Ford Sales
Contract # 1-22-23-20F
Contact
Name:

Jerry Powers Sandra Scott
Telephone: (916) 426-5752 (916)-252-6260
Facsimile: (916) 421-0149 (916) 491-3138
Email: [email protected] [email protected] Address: Elk Grove Auto Group
8575 Laguna Grove Dr
Elk Grove, CA 95757
Downtown Ford Sales
525 N 16th St
Sacramento, CA 95811

Dealer
Contact
Information
Watsonville Fleet Group
Contract # 1-22-23-20G
CA Car Group
Contract # 1-22-23-20H
Contact
Name:

Yesenia Covarrubias Richard M. Slade
Telephone: (626) 457-5590 (925) 560-4465
Facsimile: (626) 457-5593 N/A
Email: [email protected]
om
[email protected]

Address: Watsonville Fleet Group
1601 W. Main Street
Alhambra, CA 91801
CA Car Group
4200 John Monego Ct
Dublin, CA 94568

Dealer
Contact
Information
Riverview International Trucks
Contract # 1-22-23-20I
Sacramento Truck Center
Contract # 1-22-23-20J
Contact
Name:

Jason Farrell Dean Needham
Telephone: (916) 371-3110 (916) 286-2013
Facsimile: (916) 372-8541 (916) 286-2085
Email: [email protected] [email protected] Address: Riverview International Trucks
2445 Evergreen Avenue
West Sacramento, CA 95691
Sacramento Truck Center
100 Opportunity Street
Sacramento, CA 95838

Page 302 of 308 ends

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-20 B-K
Contract User Instructions, *Supplement 23*

Contract 1-22-23-20 B-K Page 21 *3/25/2026*
User Instructions
Dealer
Contact
Information
Bonander Truck & Trailer
Contract # 1-22-23-20K
Contact
Name:

Steve Mannion
Telephone: (916) 747-6151
Facsimile: (209) 634-4965
Email: [email protected]
Address: Bonander Truck & Trailer
4520 N Golden State Blvd.

Turlock, CA 95382

RESTOCKING FEES
The Contractor may impose a restocking fee to the ordering agency on orders cancelled after the order has been placed with the manufacturer . The Contractor shall notify the ordering agency of the order placement per Article 14, Order Acknowledgment.

Re-stocking fees can be no greater than ten percent (10%) of the value of the vehicle being restocked.

INVOICING
Ordering agencies may require separate invoicing, as specified by each ordering organization. Invoices will contain the following information:
• Contractor’s name, address and telephone number
• Leveraged Procurement Number (Contract Number)
• Agency Order Number (Purchase Order Number)
• Item and commodity code number
• Quantity purchased
• Contract price and extension
• State sales and/or use tax
• Prompt payment discounts/cash discounts, if applicable • Totals for each order

PAYMENT
A. Terms
Payment terms for contracts 1-22-23-20 B – G and K include a $500 per vehicle discount for payment made within twenty (20) days. Contract 1-22-23-20I includes a $200 per vehicle discount for payment made within twenty (20) days. Contracts 1-22- 23-20 H & J offer no discount. The cash discount time is defined by the State as beginning only after the vehicle has been inspected, delivered, and accepted by the

Page 303 of 308 ends

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-20 B-K
Contract User Instructions, *Supplement 23*

Contract 1-22-23-20 B-K Page 22 *3/25/2026*
User Instructions
receiving agency, or from the date a correct invoice is received in the office specified on the Purchase Order, whichever is later.

Payment is deemed to be made for the purpose of earning the discount one (1) working day after the date on the State warrant or check. Typically, acceptance will be accomplished within twenty (20) business hours after a vehicle is delivered.

Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than forty-five (45) days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later.

B. CAL-Card Use
Use of the CAL-Card for payment of invoices is not allowed under this statewide contract.

C. Payee Data Record
Each State accounting office must have a copy of the Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting office(s). Without the Std. 204, payment may be unnecessarily delayed. State departments may contact the Contractor for copies of the Payee Data Record.

D. State Financial Marketplace
The State reserves the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS $Mart and/or Lease $Mart). If payment is via the financial marketplace, the Contractor will invoice the State and the State will approve the invoice and the selected Lender/Lessor for all product listed on the State's procurement document will pay the Contractor on behalf of the State.

CALIFORNIA SELLER’S PERMIT
The California seller permit number for the Contractor is listed below. State departments can verify that permits are currently valid at the following website: www.cdtfa.ca.gov.

State departments must adhere to the file documentation required identified in the State Contracting Manual Volume 2 and Volume 3 and SCM-F.

Page 304 of 308 ends

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-20 B-K
Contract User Instructions, *Supplement 23*

Contract 1-22-23-20 B-K Page 23 *3/25/2026*
User Instructions
Contractor Name Seller Permit #
Ocean Honda 101-652579
Freeway Toyota of Hanford 102-659756
Winner Chevrolet 100-208309
Knight Sacramento CD Inc
DBA Elk Elk Grove Auto 253121056
Downtown Ford 28600344
Watsonville Fleet Group 245364864
101-135239
CA Car Group 100-214737
Riverview International 101-079519
Sacramento Truck Center 97724353
Bonander Truck & Trailer 28-093997

WARRANTY
The manufacturer’s standard new vehicle warranty shall apply to all vehicles purchased from these contracts. All warranties shall be factory authorized. The warranty shall be honored by all franchised dealers of the vehicle within the State of California. The Warranty term for the vehicles offered under these contracts shall meet the following (as applicable):

• Bumper to bumper warranty shall cover not less than 3 years/36,000 miles, no charge for parts and labor.
• Power train warranty for light duty vehicles weighing 8500 lbs. GVWR or less shall cover not less than 5 years/100,000 miles, no charge for parts and labor. • Power train warranty for vehicles over 8500 lbs. GVWR shall cover not less than 5 years/60,000 miles, no charge for parts and labor.

The State’s established preventative maintenance procedures and practices shall be acceptable to the manufacturer/contractor in lieu of the manufacturer’s prescribed procedures which may form a part of the warranty.

All emission-related components shall be warranted in compliance with California Air Resources Board and Federal requirements. Contractor cannot offer independent insurance or statements indicating self insurance. If an additional extended warranty is purchased, a warranty certificate, warranty card, or a statement indicating the extended warranty has been recorded with the manufacturer shall be furnished with each vehicle delivered.

Normal wear items such as tires, belts, hoses, headlamps, light bulbs, brake linings, brake discs/drums, etc. are excluded from warranty coverage. All other items not subject to

Page 305 of 308 ends

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-20 B-K
Contract User Instructions, *Supplement 23*

Contract 1-22-23-20 B-K Page 24 *3/25/2026*
User Instructions
normal wear or gross operator neglect and abuse, such as window, seat, or wiper motors, chassis electrical switches (door, trunk lid), paint, hinges, locks, etc., shall be covered.

The State reserves the right to use re-refined lubrication oils, where available, in lieu of virgin equivalent oils. The re-refined oils used by the State will meet all API and SAE standards and specifications as set forth by the vehicle manufacturer. The use of said oils shall in no way void or degrade the original manufacturer’s standard warranty.

The State reserves the right to use recycled content antifreeze/coolant, where available, in lieu of virgin equivalent antifreeze/coolant when servicing its vehicles. The recycled content antifreeze/coolant used by the State will meet all ATSM standards and specifications as set forth by the vehicle manufacturer.

REPAIR PARTS
The manufacture of the awarded vehicle(s) should maintain an adequate stock of all regular and special parts to meet the continuing service and repair parts needs of the State without undue delay.

A special system shall be set up for expediting the procurement of back-order items needed to repair an inoperative vehicle including a system to air freight parts at factory expense when parts are not in stock in California parts depots. Parts must be available within three (3) working days after telephone notification.

Vehicles with new technology emerging into the industry (e.g., fuel cell vehicles) may require more than (3) working days for the availability of certain parts. Contractor must notify the State Contract Administrator and ordering agency when this occurs and provide the estimated date of availability.

MAINTENANCE PLAN
A maintenance plan is available for light duty vehicles under 8500 lbs. GVWR. The purchase of a maintenance plan is optional. The maintenance plan covers all regularly scheduled service for a minimum of five (5) years/75,000 miles. The maintenance shall include at a minimum all manufacturer recommended services such as, but not limited to:
• Oil changes;
• Filter changes;
• Fluid changes;
• Lubrications;
• Tire rotations;
• Equipment and safety inspections
The Maintenance Plan is not required to cover wear items such as brake pads/shoes, wiper blades, etc.

Page 306 of 308 ends

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-20 B-K
Contract User Instructions, *Supplement 23*

Contract 1-22-23-20 B-K Page 25 *3/25/2026*
User Instructions
Purchase of the Maintenance Plan is non-mandatory for State departments.

The Maintenance Plan is not applicable to vehicles over 8,500 lbs. GVWR.

RECYCLED CONTENT
State departments are required to report purchases in many product categories. The Postconsumer-Content Certification Form (CIWMB 74) for the Contractor(s) is attached (Attachment C).

SB/DVBE PARTICIPATION
There is no Small Business (SB) or Disabled Veteran Business Enterprise (DVBE) participation for this contract.

VETTED FORMS/CERTIFICATIONS
The DGS-PD, as the awarding department, has assessed the Contractor and subcontractor forms, certifications, and compliance to performing a commercially useful function (CUF) during the solicitation evaluation process. Consequently, when executing purchase documents pursuant to this contract, it is not necessary for State departments operating under statewide contract purchasing authority to conduct a CUF evaluation or request the completion of the following required certifications and forms:

• GenAI Disclosure & Factsheet (STD 1000)
• Bidder Declaration Form (GSPD 05-105)
• DVBE Declaration Form (DGS-PD 843)
• Darfur Contracting Act Form
• California Civil Rights Certification Form
• Iran Contracting Act Certification
• Russian Sanctions Agreement
• Federal Debarment

GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) PROCUREMENT PROCEDURES GenAI contract provisions (rev. 2/20/2025) have been incorporated into the contract.

Contractor does not intend to utilize GenAI as a deliverable. If GenAI is disclosed by the Contractor, state departments must follow the required GenAI purchase procedures outlined in SCM Vol.2, Chapter 23, Generative Artificial Intelligence.

STATE AND LOCAL GOVERNMENT EMPLOYEE PRICING
In the interest of expanding the California marketplace for Zero Emission Vehicles (ZEV), some Contractors have offered a discount to any interested State of California or local government employee when purchasing a ZEV for personal use. A list of participating Dealers and vehicles can be found at: https://www.dgs.ca.gov/PD/Resources/Page-

Page 307 of 308 ends

STATE OF CALIFORNIA

DEPARTMENT OF GENERAL SERVICES

PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-20 B-K
Contract User Instructions, *Supplement 23*

Contract 1-22-23-20 B-K Page 26 *3/25/2026*
User Instructions
Content/Procurement-Division-Resources-List-Folder/State-of-California-Green-Fleet- Employee-Pricing-Program

ATTACHMENTS
*Attachment A – Contract Pricing, Supplement 23*
Attachment B – Specification 2310-4181, revised 08/16/2021 Attachment C – Postconsumer Content Certification Workbook Attachment D – Vehicle Specifications, Supplement 15

Page 308 of 308 ends

Colton City CouncilMay 5, 2026

Colton City Council
May 5, 2026