Colton City Council
June 16, 2026

1. EXHIBIT A - LLMD II Map

2. EXHIBIT B - Approving the Final Engineer's Report (LLMD II)

3. EXHIBIT C - Ordering the Levy - LLMD II

EXHIBIT A
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT (LLMD) II – MAP

EXHIBIT B
RESOLUTION R-63-26
APROVING THE FINAL ENGINEER’S REPORT – LLMD II

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RESOLUTION NO. R-63-26

A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA APPROVING THE ANNUAL FINAL ENGINEER’S REPORT FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. II FOR FISCAL YEAR 2026/2027.

WHEREAS, the City of Colton (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and, WHEREAS, the City Council of the City of Colton, California, has, by previous Resolutions, ordered the preparation of the final Engineer’s Annual Levy Report (“Engineer’s Report”) for the “Colton Landscape and Lighting Maintenance Assessment District No. II (“District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (“Act”); and, WHEREAS, there has been presented to this City Council the Engineer’s Report as required by Chapter 3, Section 22623 of said Act as previously directed by Resolution; and, WHEREAS, this City Council has carefully examined and reviewed the Engineer’s Report as presented, and is satisfied with the Engineer’s Report, each and all of the budget items and documents as set forth therein, and is satisfied that the assessments, have been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed within each Benefit Zone of the District, as set forth in said Engineer’s Report.

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

Section 1 The above recitals are true and correct.

Section 2 The Engineer’s Report as presented, consists of the following:
 A Description of the District and Improvements;
 The Annual Budget (Costs and Expenses of Services, Operations and Maintenance);  A Description of the Method of Apportionment resulting in an Assessment Rate per Levy Unit within said District for Fiscal Year 2026/2027;
 District Assessment Diagrams showing the exterior boundaries of the Assessment District and/or the Benefit Zones therein;
 A Listing of the proposed assessment for each Assessor’s Parcel Number within the District for Fiscal Year 2026/2027.

Section 3 The Engineer’s Report is hereby approved on a preliminary basis pending a public hearing, and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.

Section 4 The Engineer’s Report as presented is hereby approved (subject to modifications and amendments directed by the City Council at the Public Hearing) and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open for public inspection.

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Section 5 The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation and approval of the Engineer’s Report.

PASSED, APPROVED AND ADOPTED this 16
th day of June 2026.
_______________________________
Frank J. Navarro
Mayor
ATTEST:
__________________________________
Isaac T. Suchil
City Clerk

City of Colton

Landscape and Lighting Maintenance
District No. II

2026/2027 ENGINEER’S ANNUAL LEVY REPORT

Intent Meeting: June 02, 2026
Public Hearing: June 16, 2026

ENGINEER'S REPORT AFFIDAVIT

FINAL ENGINEER'S REPORT

TABLE OF CONTENTS
I. OVERVIEW 1
A. INTRODUCTION 1
B. COMPLIANCE WITH CURRENT LEGISLATION 2
II. DESCRIPTION OF THE DISTRICT 3
A. GENERAL DESCRIPTION OF THE DISTRICT AND SERVICES 3
B. DESCRIPTION OF THE DISTRICT BOUNDARIES AND ZONES 3
C. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT 5
D. DESCRIPTION OF SPECIFIC AREAS OF IMPROVEMENT 6
III. METHOD OF APPORTIONMENT 7
A. GENERAL 7
B. BENEFIT ANALYSIS 7
C. ASSESSMENT METHODOLOGY 9
D. ASSESSMENT RANGE FORMULA 11
IV. DISTRICT BUDGETS 13
A. DESCRIPTION OF BUDGET ITEMS 13
B. BUDGET: LLMD DISTRICT 2 15
APPENDIX A – DISTRICT BOUNDARY MAPS 16
APPENDIX B – 2026/2027 COLLECTION ROLL 1

2026/2027 Landscape and Lighting Maintenance Assessment District No. II Page A-1 I. OVERVIEW
A. INTRODUCTION
The City of Colton (“City”) annually levies and collects special assessments in order to maintain the improvements within the existing Landscape and Lighting Maintenance Assessment District No. II (“District”). The District was formed in March 2002 and is levied annually pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”) and is in compliance with the substantive and procedural requirements of the California State Constitution, Article XIIID (“Article XIIID”).

For the purposes of this Report, the word “parcel” refers to an individual property assigned its own Assessor’s Parcel Number by the San Bernardino County Assessor’s Office. The San Bernardino County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties assessed for special district benefit assessments on the tax roll.

The District includes two distinct benefit zones (“Zones”). Zone One of the District includes the parcels of land within the residential subdivisions developed by John Laing Homes, Pacific Century Homes and Young Homes – Tract 14158; John Laing Homes and Young Homes –Tract 14159; Osborne Development Co. – Tracts 14391-1 and 14391-2; and Young Homes – Tracts 15165-1, 15165-2, 15873, 16025, 16236 and 16315. Zone Two of the District includes the parcels of land within the residential subdivisions developed by Wyn Holmes – Tract 16289; and N Star Homes – Tract 17187.

On March 5, 2002, the City conducted a property owner protest ballot proceeding relating to the Zone One improvements and services and the related levy and collection of the annual assessments and method of assessment for Zone One.

At the public hearing, the tabulation of the owner protest ballots did not result in a majority protest regarding the Zone One assessments and the District was approved for formation.

On February 21, 2006, the City conducted a property owner protest ballot proceeding relating to the Zone Two improvements and services and the related levy and collection of the annual assessments and method of assessment for Zone Two. At the public hearing, tabulation of the owner protest ballots did not result in a majority protest regarding the Zone Two assessments and the Zone Two parcels were approved for annexation to the District.

On July 17, 2007, the City conducted a property owner protest ballot relating to the Zone Two improvements and services and the related levy and collection of

2026/2027 Landscape and Lighting Maintenance Assessment District No. II Page A-2 the annual assessments and method of assessment for the annexation of Tract 17187 to Zone Two. At the public hearing, the tabulation of the owner protest ballots did not result in a majority protest regarding the Zone Two annexation and Tract 17187 was approved for annexation to the District.

At a noticed annual Public Hearing, the City Council will accept all public comments and written protests regarding the District and the annual levy of assessments. Upon conclusion of the Public Hearing, the City Council will consider all public comments and review the Report. The City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report and confirmation of the assessments the Council will, by Resolution, order the improvements to be made and confirm the levy and collection of assessments pursuant to the 1972 Act. The assessments as approved will be submitted to the San Bernardino County Auditor/Controller to be included on the property tax roll for each parcel.

B. COMPLIANCE WITH CURRENT LEGISLATION
On November 5, 1996, California voters approved Proposition 218. The provisions of Proposition 218 are now contained in the California Constitutional Articles XIIIC and XIIID.

In compliance with the provisions of the Article XIIID, the City of Colton conducted a Property Owner Protest Ballot proceeding for the formation of the District and the proposed levy of a new assessment. In conjunction with this ballot proceeding, the City Council conducted a noticed public hearing to consider public testimonies, comments and written protests regarding the formation of the District. Upon conclusion of the public hearing, property owner protest ballots received were opened and tabulated to determine whether majority protest existed (ballots were weighted based on assessment amounts).

Since a majority protest did not exist for the proposed assessments and the assessment range formula presented and described herein, the City Council, by resolution, confirmed the results of the ballot tabulation. The City Council then approved the Report, ordered the formation of the District, and approved the assessment diagram and levy and collection of assessments.

All assessments approved by the City Council have been prepared in accordance with the 1972 Act and are in compliance with the provisions of Article XIIID.

2026/2027 Landscape and Lighting Maintenance Assessment District No. II Page A-3 II. DESCRIPTION OF THE DISTRICT
A. GENERAL DESCRIPTION OF THE DISTRICT AND SERVICES
The purpose of the District is to ensure the ongoing maintenance, operation and servicing of local landscaping improvements installed in connection with development of properties within the District. These improvements may include but are not limited to materials, equipment, utilities, labor and appurtenant facilities related to those improvements. The improvements to be maintained and funded entirely or partially through the District assessments generally include the following:

Zone One
 Streetscape landscaping (perimeter parkway and slopes) associated with the developments on Meridian Avenue, Randall, San Bernardino AvenueOlive Street, Pepper Avenue, Cantara Street and Reyes Hernandez Lane.  All appurtenant facilities, equipment, materials and utilities related to the aforementioned improvements;
Zone Two
 Streetscape landscaping (perimeter parkway and slopes) associated with the developments on Reche Canyon Road, Crystal Ridge Lane, Shadid Road, and Johnston Street.
 All appurtenant facilities, equipment, materials and utilities related to the aforementioned improvements.

B. DESCRIPTION OF THE DISTRICT BOUNDARIES AND ZONES
Zone One
The District’s Zone One consists of the lots, parcels and subdivisions of land located in the residential development areas identified as Tracts 14158, 14159, 14391-1, 14391-2, 15165-1, 15165-2, 15873, 16025, 16236, and 16315.

Zone One is an irregular shape that covers approximately 105 acres, generally located south of Randall Avenue and west of John Juarez Way, and north of San Bernardino Avenue/Olive Street and east of Pepper Avenue.

The Zone One parcels consist of four hundred fifty-four 454 single-family residential lots. The development plans for Zone One include:

2026/2027 Landscape and Lighting Maintenance Assessment District No. II Page A-4  Tract 14158 includes lots 1 thru 150, representing approximately thirty nine acres of low density single-family residential housing totaling one hundred and fifty (150) subdivided residential parcels;
 Tract 14159 includes lots 1 thru 15, representing approximately four (4) acres of single-family residential housing totaling fifteen (15) subdivided residential parcels;
 Tract 14391-1 and 14391-2 includes lots 1 thru 57 and lots 58 thru 107, representing twenty six acres of single-family residential housing totaling one hundred and seven (107) subdivided residential parcel;  Tract 15165-1 and 15165-2 includes lots 1 thru 57, representing thirteen acres of single-family residential housing totaling fifty seven (57) subdivided residential parcels;
 Tract 15873 includes lots 1 thru 20, representing four acres of single-family residential housing totaling twenty (20) subdivided residential parcels;  Tract 16025 includes lots 1 thru 43, representing seven acres of singlefamily residential housing totaling forty-three (43) subdivided residential parcels;
 Tract 16236 includes lots 1 thru 20, representing approximately five acres of single-family residential housing totaling twenty (20) subdivided residential parcels;
 Tract 16315 includes lots 1 thru 42, representing approximately nine acres of single-family residential housing totaling forty-two (42) subdivided residential parcels.

Zone Two
The District’s Zone Two consists of the lots, parcels and subdivisions of land located in the residential development areas identified as – Tracts 16289 and 17187.

Zone Two is an irregular shape that covers approximately one hundred twentyseven (127) acres, generally located east of Reche Canyon Road and perpendicular to, as well as northeast of, Shadid Drive, and south of Johnston Street and west of Pennsylvania Avenue, as well as west of Rosedale Avenue.

The Zone Two parcels comprise one hundred sixty-one (161) single-family residential lots and several acres of common area parcels. Currently, one hundred fourteen (114) of these residential lots are being assessed. The development plans for Zone Two include:

2026/2027 Landscape and Lighting Maintenance Assessment District No. II Page A-5  Tract 16289 includes lots 1 thru 92 representing ninety-two (92) singlefamily residential parcels in addition to approximately 26.60 acres of common area.
 Tract 17187 includes lots 1 thru 22, representing approximately four acres of single-family residential housing totaling twenty-two (22) single-family residential parcels.

C. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
 The installation or planting of landscaping.
 The installation or construction of statuary, fountains, and other ornamental structures and facilities.
 The installation or construction of public lighting facilities.  The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.
 The maintenance or servicing, or both, of any of the foregoing.  The acquisition of any existing improvement otherwise authorized pursuant to this section.

Incidental expenses associated with the improvements including, but not limited to:
 The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
 The costs of printing, advertising, and the publishing, posting and mailing of notices;
 Compensation payable to the County for collection of assessments;  Compensation of any engineer or attorney employed to render services;  Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;

2026/2027 Landscape and Lighting Maintenance Assessment District No. II Page A-6  Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.
 Costs associated with any elections held for the approval of a new or increased assessment.

The 1972 Act defines "Maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
 Repair, removal, or replacement of all or any part of any improvement.  Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
 The removal of trimmings, rubbish, debris, and other solid waste.  The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

D. DESCRIPTION OF SPECIFIC AREAS OF IMPROVEMENT
Zone One
 Parkway perimeter landscaping (Streetscape) along Meridian Avenue, Randall Avenue, Pepper Avenue San Bernardino Avenue and Olive Street;  Landscaping along John Juarez Way;
 Side yard landscaping including Altissimo Lane, Campana Court, Solista Circle, Orquesta Court, Poema Dr, Cantara Street, Julian Court, Concepcion, Serenata Street, John Juarez Way, Robert Crites Lane, and Del Giorgio Drive;
 Weed abatement and clean up of the Southern California Edison easement that bisects the development from Pepper Avenue to John Juarez Way;
 Weed abatement and clean up of 4.7 acre City owned parcel located along Meridian Avenue, north of San Bernardino Avenue.

Zone Two
 Maintenance of landscaping and irrigation system for westerly and easterly parkways of Reche Canyon Road;

2026/2027 Landscape and Lighting Maintenance Assessment District No. II Page A-7  Maintenance of landscaping and irrigation system on Crystal Ridge Lane parkways and medians within the 68-foot right-of-way extending from Reche Canyon Road to Tiffany Way;
 Weed abatement, land maintenance of landscaping and irrigation system on lots A, B, C, D, and E of Tract 16289;
 Maintenance of landscaping and irrigation system for parkways and medians extending within the 80-foot right-of-way along Reche Canyon.  Maintenance of landscaping and irrigation system for parkways and medians extending along the 220-foot right-of-way along Johnston Street.

III. METHOD OF APPORTIONMENT
A. GENERAL
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of public lights, landscaping and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The formula used for calculating assessments reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel.

In addition, pursuant to the Article XIIID Section 4, a parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel and provides that only special benefits may be assessed.

B. BENEFIT ANALYSIS
Each of the proposed improvements, the associated costs and assessments have been carefully reviewed, identified and allocated based on special benefit pursuant to the provisions of Article XIIID and 1972 Act. The improvements associated with this District have been identified as necessary, required and/or desired for the orderly development of the properties within the District to their

2026/2027 Landscape and Lighting Maintenance Assessment District No. II Page A-8 full potential, consistent with the proposed development plans and applicable portions of the City General Plan. As such, these improvements would be necessary and required of the property owners for the development of such properties and the ongoing operation, servicing, and maintenance of these improvements would be the financial obligation of those properties. Therefore, the improvements and the annual costs of ensuring the maintenance and operation of the improvements are of special benefit to the properties.

The method of apportionment (method of assessment) is based on the premise that each assessed parcel within the District receives special benefit from the improvements. The desirability and security of properties is enhanced by the presence of well-maintained landscaping in close proximity to those properties.

The special benefits associated with the landscaping improvements are specifically:
 Improved aesthetic appeal of properties providing a positive representation of the area and properties.
 Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping.
 Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention.
 Increased sense of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties.
 Enhanced quality of life through well-maintained green belts and landscaped areas.
 Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiti.  Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise.

The preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District. The improvements are for the special benefit, enhancement and use of properties within the District.

Although the improvements include public easements, right-of-ways, streets and other amenities available or visible to the public at large, the construction and installation of these improvements are only necessary for the development of properties within the District and are not required nor necessarily desired by any

2026/2027 Landscape and Lighting Maintenance Assessment District No. II Page A-9 properties or developments outside the District boundary. Therefore, any public access or use of the improvements by others is incidental and there is no measurable general benefit to properties outside the District or to the public at large.

C. ASSESSMENT METHODOLOGY
The method of apportionment for the District calculates the receipt of special benefit from the respective zone improvements based on the actual or proposed land use of the parcels within the zone. The special benefit received by each lot or parcel in a zone is equated to the overall land use of the parcel based on the parcel’s actual land use or proposed planned development and is reliant upon the special benefit received from the improvements planned within the zone.

To identify and determine the special benefit to be received by each parcel and their proportionate share of the zone improvements it is necessary to consider the entire scope of the planned improvements as well as individual property development within the zone. Upon review of the proposed improvements it has been determined that each parcel benefits from the improvements and based on the planned property development a maximum assessment was established.

The net amount to be assessed upon parcels within each zone is apportioned by a formula and method that fairly distributes the net amount to be assessed among the assessable zone parcels in proportion to the special benefits to be received by each parcel from the improvements pursuant to the 1972 Act.

The costs associated with the zone improvements shall be fairly distributed among the zone parcels based upon the special benefit received by each parcel.

Additionally, in compliance with the Article XIIID Section 4, each parcel’s assessment may not exceed the reasonable cost of the proportional special benefit conferred to that parcel. The benefit formula used to determine the assessment obligation is therefore based upon both the zone improvements that benefit the parcels within each zone as well as the proposed land use of each property as compared to other parcels that benefit from those specific zone improvements.

Equivalent Benefit Units:

To assess benefits equitably it is necessary to relate each property’s proportional special benefits to the special benefits of the other properties within each zone.

The Equivalent Benefit Unit method of assessment apportionment uses the single-family home site as the basic unit of assessment. A single-family home site equals one Equivalent Benefit Unit (“EBU”). The other land uses are converted to EBUs based on an assessment formula that equates the property’s

2026/2027 Landscape and Lighting Maintenance Assessment District No. II Page A-10 specific development status, type of development (land use), and size of the property, as compared to a single-family home site.

The EBU method of apportioning special benefits is typically seen as the most appropriate and equitable assessment methodology for districts formed under the 1972 Act, as the benefit to each parcel from the improvements are apportioned as a function of land use type, size and development.

EBU Application by Land Use:

Single Family Residential — This land use is defined as a fully subdivided residential home site with or without a structure. This land use is assessed 1.0 EBU per lot or parcel. This is the base value against which other properties are compared and weighted (i.e. relative benefit compared to a SFR).

Multifamily Residential — This land use is defined as a fully subdivided residential parcel that has more than one residential unit developed on the property. This land use is assessed 1.0 EBU per unit.

Planned-Residential Development — This land use is defined as any property not fully subdivided with a specific number of proposed residential lots to be developed on the parcel. This land use type is assessed at 0.66 EBU per planned residential unit.

Vacant — This land use is defined as property currently zoned as vacant with no plans for development. This land use is assessed at 1.0 EBU per acre or portion thereof. Parcels less than 1 acre are assigned a minimum of 1.0 EBU. Parcels over 50 acres are assigned a maximum of 50 EBU.

Exempt Parcels — This land use identifies properties that are not assessed and are assigned 0.00 EBU. This land use classification may include but is not limited to lots or parcels identified as public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, rights-of-way, public greenbelts and parkways; utility rights-of-ways; common areas, sliver parcels and bifurcated lots or any other property that cannot be developed, publicly owned properties that are part of the District improvements or that have little or no improvement value. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment.

The following table provides a listing of land use types, the Equivalent Benefit Unit factor applied to that land use type, and the multiplying factor used to calculate each parcel’s individual EBU.

Land Uses and Equivalent Benefit Units

2026/2027 Landscape and Lighting Maintenance Assessment District No. II Page A-11 Property Type Equivalent Benefit
Unit
Multiplier
Single Family Residential 1.000 Per Unit / Lot Parcel
Multi Family Residential 1.000 Per Unit
Planned Residential
Development

0.660 Per Planned Residential
Lot
Vacant 1.000 Per Acre
Exempt 0.000 Per Parcel
The benefit formula applied to parcels within each zone is based on the preceding Equivalent Benefit Unit table. Each parcel's EBU correlates the parcel’s special benefit received as compared to the other zone parcels benefiting from the zone improvements.

The following formula is used to calculate each parcel’s EBU (proportional benefit).

Property Type EBU x Acres or Units = Parcel’s EBU
The total number of zone EBUs is the sum of the individual EBUs applied to a zone’s parcels that receive special benefit from the zone’s improvements. A zone assessment amount per EBU (“Zone Rate”) for the improvements is established by taking the total cost of the zone’s improvements and dividing that amount by the total number of EBUs of that zone’s parcels benefiting from the zone improvements. This Zone Rate is then multiplied by each zone parcel’s individual EBU to determine the parcel’s proportionate benefit and assessment obligation for the zone’s improvements.

Total Zone Balance to Levy / Total Zone EBU = Zone Rate per EBU Zone Rate per EBU x Parcel’s EBU = Parcel’s Levy Amount D. ASSESSMENT RANGE FORMULA
Any new or increased assessment requires certain noticing and meeting requirements by law. Prior to the passage of Proposition 218 (California Constitution Articles XIIIC and XIIID), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and

2026/2027 Landscape and Lighting Maintenance Assessment District No. II Page A-12 conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation).

The purpose of establishing an assessment range formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures, which could add to the District costs and assessments. As part of the District formation, balloting of property owners is required pursuant to the Article XIIID Section 4. The property owner ballots include an Assessment to be approved, as well as the approval of an assessment range formula.

The assessment range formula shall be applied to the future assessments within each zone of the District. Generally, if the proposed annual zone assessment (Zone Rate per EBU) for the current fiscal year is less than or equal to the calculated Maximum Assessment for the zone, then the proposed annual assessment is not considered an increased assessment. The Maximum Assessment for the zone is equal to the initial assessment rate approved by zone property owners increased annually by three percent (3%).

Beginning in FY 2003/2004 for Zone One and FY 2007/2008 for Zone Two, and each fiscal year thereafter, the Maximum Assessment for the zone will be recalculated and a new Maximum Assessment established.

The Maximum Assessment is adjusted annually and is calculated independent of the zone’s annual budget and proposed annual assessment. Any proposed annual assessment less than or equal to this Maximum Assessment is not considered an increased assessment, even if the proposed assessment is much greater than the assessment applied in the prior fiscal year.

Although the Maximum Assessment will increase each year, the actual zone assessments may remain virtually unchanged. The Maximum Assessment adjustment is designed to establish a reasonable limit on zone assessments.

The Maximum Assessment calculated each year does not require or facilitate an increase to the annual assessment and neither does it restrict assessments to the adjusted maximum amount. If the budget and assessments for the fiscal year do not require an increase, or the increase is less than the adjusted Maximum Assessment, then the required budget and assessment may be applied without additional property owner balloting. If the budget and assessments calculated requires an increase greater than the adjusted Maximum Assessment then the assessment is considered an increased assessment.

To impose an increased assessment, the City must comply with the provisions of the Article XIIID Section 4c, that requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner assessment balloting. Property owners through the balloting process must approve the proposed assessment increase. If the proposed assessment is

2026/2027 Landscape and Lighting Maintenance Assessment District No. II Page A-13 approved, then a new Maximum Assessment is established for the District. If the proposed assessment is not approved, the City may not levy an assessment greater than the adjusted Maximum Assessment previously established for the District.

IV. DISTRICT BUDGETS
A. DESCRIPTION OF BUDGET ITEMS
The following is a brief description of the costs associated with the improvements and services funded through the District.

Direct Costs — Includes the regularly scheduled labor, contracted labor, and general maintenance cost including wages, salaries, benefits, materials, supplies, (e.g. pipe, fertilizer, insecticides, fuel, cleaning material etc.), and equipment, (e.g. communication, small tools, rentals, machinery etc.) required to properly maintain and ensure the satisfactory condition of the improvements and appurtenant facilities. Include the furnishing of water and electricity required for the operation and maintenance of the improvements and facilities. The improvements within the District are maintained and serviced on a regular basis.

The frequency and specific maintenance operations required within the District are determined by City staff, but are generally scheduled bi-weekly for planters and weekly for mowing.

Professional Services — May include the administrative and professional service costs associated with the coordination of District services and operations including response to public concerns and education and procedures associated with the levy and collection of assessments. This budget item also includes the costs of contracting with professionals to provide administrative, legal or engineering services specific to the District.

County Administration Fee — This is the cost to the District for the County to collect assessments on the property tax bills.

Miscellaneous Administration Expenses — Includes the minor costs of items such as copying and telephone charges attributed to the District.

Reserve Fund Replenishment/ (Contribution) — Includes funds being added to the Reserve Account for the current fiscal year. The Reserve Account provides for collection by the District of funds to operate the District from the time period of July 1 (beginning of the fiscal year) through December when the County provides the City with the first installment of assessments collected from the property tax bills. The Reserve Account eliminates the need for the City to

2026/2027 Landscape and Lighting Maintenance Assessment District No. II Page A-14 transfer funds from non-district accounts to pay for District charges during the first six (6) months of the fiscal year.

Capital Improvement Fund Collection — This item includes repairs to the improvements and facilities that are not included in the yearly maintenance costs. This may include repair of damaged amenities due to vandalism, storms, etc. Also included may be planned upgrades or replacements of the improvements and equipment that provide a direct benefit to the District.

2026/2027 Landscape and Lighting Maintenance Assessment District No. II Page A-15 B. BUDGET: LLMD DISTRICT II
FISCAL YEAR 2026/2027

BUDGET BY ZONE
City of Colton
Landscape and Lighting Maintenance District No. II
Fiscal Year 2026/2027 Budget and Applied Levy
Budget Items Zone 1 Zone 2 Total Budget

DIRECT COSTS
Salaries Wages and Overtime $14,162 $9,935 $ 24,097.00
Fringe Benefits $7,451 $5,227 $ 12,678.00
Uniform & Safety Equipment $588 $412 $ 1,000.00
Miscellaneous Equipment Maintenance $118 $82 $ 200.00
Permits/Legal Printing $1,264 $886 $ 2,150.00
Building Maintenance $0 $0 $ 0.00
Contract Services $67,585 $47,415 $ 115,000.00
Utilities $7,640 $5,360 $ 13,000.00
Operating Supplies/Equipment $297 $206 $ 500.00
Total Direct Costs $99,101 $69,524 $ 168,625.00

LEVY ADJUSTMENTS
Professional Services $2,938 $2,062 $ 5,000.00
Allocation From Other Depts. $8,415 $5,903 $ 14,318.00
Capital Improvement Fund Collection $0 $0 $ 0.00
Reserve Activity $0 $0 $ 0.00
Total Levy Adjustments $11,353 $7,965 $ 19,318.00
Balance to Levy $88,582.08 $62,144.92 $ 150,727.00

DISTRICT STATISTICS
Total Equivalent Benefit Units (EBU) 454 114 568

GENERAL INFORMATION
Levy per EBU 245.98 695.62
Maximum Levy per EBU 248.98 695.62
Maximum Levy $114,211.85 $80,125.15 $ 194,337
Prior Year's Levy per EBU 241.72 675.36
Prior Year's Maximum Levy per EBU 241.72 675.36

RESERVE INFORMATION
Reserve Fund Activity FY-2026/2027 $ 3,758 $ 2,636 $ 6,394

2026/2027 Landscape and Lighting Maintenance Assessment District No. II Page A-16 APPENDIX A – DISTRICT BOUNDARY MAPS
The parcels within Zone One of the District consist of the lots, parcels and subdivisions of land located in the development areas identified as Tract, 14158,14159, 14391-1, 14391-2,15165-1, 15165-2, 15873, 16025, 16236, and 16315. The parcels within Zone Two of the District consist of the lots, parcels and subdivisions of land located in development areas identified as Tracts 16289 and 17187. The lines and dimensions of each lot or parcel are those shown on the San Bernardino County Assessor's maps.

The Assessment Diagrams for the District have previously been submitted to the City Clerk in the format required under the Act and are, by reference, made part of this Report. The boundary maps are available for inspection at the office of the City Clerk during normal business hours.

For general reference purposes, renderings of the District and Zone Boundaries are presented herein.

2026/2027 Landscape and Lighting Maintenance Assessment District No. II Page A-17

2026/2027 Landscape and Lighting Maintenance Assessment District No. II Page A-18

2026/2027 Landscape and Lighting Maintenance Assessment District No. II Page A-19 Zone Two Tract 16289

2026/2027 Landscape and Lighting Maintenance Assessment District No. II Page A-20 Zone Two Annexation - Tract 17187

2026/2027 Landscape and Lighting Maintenance District No. II Page B-1 APPENDIX B – 2026/2027 COLLECTION ROLL
Parcel identification for each lot or parcel within the District and Zones shall be the assessor parcel number as shown on the San Bernardino County Assessor's map for the year in which this Report is prepared.

Non-assessable lots or parcels include areas of public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and rights-of-ways including public greenbelts and parkways; utility rightsof-ways; common areas (such as in condominium complexes); landlocked parcels, small parcels vacated by the County, bifurcated lots, any other property that cannot be developed; and park properties and other publicly owned, government-owned, public utility-owned properties that have little or no improvement value. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment.

The land use classification for each parcel is based on the San Bernardino County Assessor’s Roll. A listing of parcels assessed within this District, along with the proposed assessment amounts, has been submitted to the City Clerk and is made part of this Report beginning on the following page.

Approval of the Report (as submitted or as modified) confirms the method of apportionment and the assessment rate to be levied against each eligible parcel and thereby constitutes the approved levy and collection of assessments for FY 2026/2027 The listing of parcels and the amount of assessment to be levied shall be submitted to the County Auditor/Controller and included on the property tax roll for each parcel in FY 2026/2027.

If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.

EXHIBIT C
Resolution R-64-26
PUBLIC HEARING ORDERING THE LEVY – LLMD II

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RESOLUTION NO. R-64-26

A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA, ORDERING THE

LEVY AND COLLECTION OF ASSESSMENTS FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. II FOR FISCAL YEAR 2026/2027.

WHEREAS, the City of Colton (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the City Council of the City of Colton, California, has, by previous Resolutions, initiated proceedings for the Colton Landscape and Lighting Maintenance Assessment District No. II (“District”), declared its intention to levy assessments for Fiscal Year 2026/2027, and approved the final Engineer’s Annual Levy Report (Engineer’s Report) that describes the assessments against parcels of land within for the Fiscal Year commencing July 1, 2026 and ending June 30, 2027, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, (commencing with Section 22500) (“Act”) to pay for the maintenance services of improvements and facilities related thereto; and,
WHEREAS, the Engineer’s Report has been prepared and filed with the City Clerk, and the City Clerk has presented to the City Council said Engineer’s Report in connection with the proposed levy and collection assessments upon eligible parcels of land within the District and the City Council did by previous Resolution approve such Engineer’s Report, and; WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the Fiscal Year commencing July 1, 2026 and ending June 30, 2027, to pay for the maintenance and services of improvements and facilities related thereto.

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

Section 1 Following notice duly given, the City Council has held a full and fair public hearing regarding the District, the levy and collection of assessments, the Engineer’s Report prepared in connection therewith, and considered oral and written statements, protests and communications made or filed by interested persons regarding these matters.

Section 2 Based upon its review of the Engineer’s Report (and amendments, as applicable), the City Council hereby finds and determines that:
 The land parcels within the District will be benefited by the operation, maintenance and servicing of the improvements located within the boundaries of the District; and,  The District includes the parcels of land so benefited; and,  The net amount to be assessed upon the parcels of land within the District for the Fiscal Year commencing July 1, 2026 and ending June 30, 2027 is apportioned by a formula and method which fairly distributes the net amount among eligible parcels in proportion to the estimated special benefits to be received by each parcel from the improvements and services.

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Section 3 The Engineer’s Report and assessments as presented to the City Council and on file in the Office of the City Clerk are hereby confirmed as filed.

Section 4 The maintenance, operation and servicing of the improvements shall be performed pursuant to the Act. The City Council hereby orders the proposed improvements to be made and maintained as set forth in the Engineer’s Report.

Section 5 The City Council has maintained Wildan Financial Services for the purpose of assisting with the Annual Levy of the District, and is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution, pursuant to Chapter 4, Article 1, Section 22641 of the Act.

Section 6 The County Auditor of the County of San Bernardino shall enter on the County Assessment Roll opposite each eligible parcel of land the amount of levy so apportioned by the formula and method outlined in the Engineer’s Report, and such levies shall be collected at the same time and in the same manner as the County taxes are collected, pursuant to Chapter 4, Article 2, Section 22646 of the Act. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.

Section 7 The City Treasurer shall deposit money representing assessments collected by the County for the District to the credit of a fund for the City of Colton Landscape and Lighting Maintenance District No. II, and such money shall be expended only for the maintenance, operation and servicing of the improvements described in the Engineer’s Report.

Section 8 The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2026 and ending June 30, 2027.

PASSED, APPROVED AND ADOPTED THIS 16
TH DAY OF JUNE 2026.
_______________________________
Frank J. Navarro
Mayor
ATTEST:
__________________________________
Isaac T. Suchil
City Clerk

Item: 1.

Staff Report
Meeting Date: June 16, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Isaac T. Suchil, City Clerk
Item Name: Minutes - Approval of Minutes for the City Council Regular Meeting Held on June 2, 2026 and the City Council Special Meeting Held on June 3, 2026, on File in the Office of the City Clerk.

Recommended Action:

Approval of Minutes for the City Council Regular Meeting Held on June 2, 2026 and the City Council Special Meeting Held on June 3, 2026, on File in the Office of the City Clerk.

Background:

BACKGROUND
Minutes for the City Council Regular Meeting Held on June 2, 2026 and the City Council Special Meeting Held on June 3, 2026, on File in the Office of the City Clerk.

Issues/Analysis:

N/A
Fiscal Impacts:

N/A
Alternatives:

N/A
Attachments:

1. 2026-06-03- Special Meeting- Draft Minutes

2. 2026-06-02- Regular Meeting- Draft Minutes

City of Colton
City Hall, Council Chambers
650 N. La Cadena Drive
Colton, CA 92324
City of Colton Website
Mayor Frank J. Navarro
Council Members:

David J. Toro – District 1
Kelly J. Chastain – District 2
Dr. Luis S. González – District 3
John R. Echevarria – District 4
City Clerk Isaac T. Suchil
City Treasurer Henry M. Razo
City Manager William R. Smith
City Attorney Carlos Campos
Minutes
City Council
Colton Utility Authority, Colton Public Financing Authority Colton Housing Authority
Regular Meeting
Wednesday, June 3, 2026 – 5:30 PM
City Hall, Council Chambers
Open Session
5:30 P.M.

Open Session Called to Order
Mayor Frank J. Navarro called Open Session to order at 5:30 P.M.

Roll Call
Council members present were: MPT Kelly J. Chastain, CM Luis S. Gonzalez, John J. Echevarria, and Mayor Frank J. Navarro; MPTE David J. Toro joined the meeting at 5:46pm.

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

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

Mayor and Council Items
Gift Disclosures - None
AB 1234 Oral Reports - None
Mayor and Council Discussion Items - None

Business Items
1) Workshop – SB707 Brown Act Changes
Staff Presentation
Stephanie M. Vargas, Chief Deputy City Clerk, presented a PowerPoint to the City Council outlining the changes resulting from Senate Bill 707 and explaining how the Brown Act has been updated.

Public Comment - None
Council Discussion
Discernment and discussion between the Mayor and Council members present, with clarification provided by staff: Chief Deputy City Clerk, Stephanie M. Vargas; Finance Director, Stacey Dabbs; City Attorney, Carlos Campos; and City Manager, Bill Smith.

Adjournment
Mayor Navarro adjourned the Regular Council Meeting at 06:12 PM. _________________________
Isaac T. Suchil, City Clerk
City of Colton

City of Colton
City Hall, Council Chambers
650 N. La Cadena Drive
Colton, CA 92324
City of Colton Website
Mayor Frank J. Navarro
Council Members:

David J. Toro – District 1
Kelly J. Chastain – District 2
Dr. Luis S. González – District 3
John R. Echevarria – District 4
City Clerk Isaac T. Suchil
City Treasurer Henry M. Razo
City Manager William R. Smith
City Attorney Carlos Campos
Minutes
City Council
Colton Utility Authority, Colton Public Financing Authority Colton Housing Authority
Regular Meeting
Tuesday, June 2, 2026 – 5:00 PM
City Hall, Council Chambers
Closed Session
5:00 p.m.

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

Roll Call
Council members present were David J. Toro, Luis S. Gonzalez, John J. Echevarria, and Mayor Frank J. Navarro; CM Chastain was absent but joined the meeting at 5:05pm.

Also present was City Clerk Isaac T. Suchil.

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

Public Comment - Closed Session
There was no Public Comment.
_____________________________________________________________________________

Closed Session
City Attorney Carlos Campos announced the City Council would meet in Closed Session to discuss Items 1 through 3.
1) Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code Section 54956.9 (d)(1)
Guerrero, Leandra v. City of Colton
US District Court (Central District), Case No. 5:26-cv-00978-DTB 2) Conference with Labor Negotiators -
Pursuant to Government Code Section 54957.6
Agency Designated Representatives: Bill Smith, City Manager; Tom Cody, Director of HR and Risk Management
Employee Groups: Teamsters - General Employees
Teamsters - Mid-Manager Employee Association
International Brotherhood of Electric Workers, Local 47 - Water/Wastewater Division
Colton Police Dispatchers Association (CPDA)
Colton Police Civilian Employee Association (CPCA)
3) Public Employee Performance Evaluation
Job Title - City Manager
City Attorney Oral Report on Closed Session Actions
City Attorney Campos announced that the City Council met in Closed Session and discussed Closed Session items 1 through 3; direction was given, but there was no reportable action.

Open Session
6:00 P.M.

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

Invocation
Pastor Josue Zapata - Centerpoint Church
Flag Salute
Veterans of Foreign Wars (VFW) - Bernie Moyeda
Roll Call

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

Echevarria, and Mayor Frank J. Navarro.

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

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

Ceremonial Matters
Presentations, Awards, Proclamations
• Proclamation and Recognitions - Teacher Appreciation
Presented by Council Member Gonzalez. Rochelle Baker, Lincoln Elem TK, Stacey Lynn Baker CHS English, Chris Barta CHS Welding, Leslie Cruz CHS Wellness Program, Jeremy Dollins CHS Publication Sharon Hughbanks, Zimmerman Elem. 4/5thgr, Dawna Hughes CHS HEAL Program, Abigail Humphrey CHS ELA/ELD Sp.Ed. Rosa Lopez Lincoln Elem Kindergarten, Andriana Macias Lincoln Elem. 3rd gr, Marcos Meza CHS Auto Shop, Noe Montesinos CHS Spanish, Nevin Murillo CHS RSP Sp.Ed. Theresa Rago CHS Wellness Program, Tyler Sampson CHS Band Director, Georgette Villareal-Dollins Zimmerman Elem. Resource Spec, Tom Wurz CHS Graphic Communications.
• Military Banner Program Inductions
Military Banner Program Inductions – Presented by Heidi Struts, Charles Chavez Jr., Santos Fabel and Dominic Valencia.
• Recognition - CHS STEAM Challenge - 2nd Place
Recognition - CHS STEAM Challenge - 2nd Place – Presented by Cecilia Galegos. Hiliana Serrano, Ezra Ocho, Izak Landero, Elizabeth Hernandez, Tommy Lopez, Cristian Heredia, Diana Ruvalcaba, David Olvera, Adrianna Silva, Leilanee Gomez.

Mayor and Council Items
Gift Disclosures- None
AB 1234 Oral Reports
Members of the City Council shall provide brief reports on meetings attended at the expense of the city. (GC Section 53232.3(d))
Mayor Pro Tem Chastain and Council Member Gonzalez attended the City County Conference, which was held May 14–15, 2026 at Lake Arrowhead, CA.

Council Member Gonzalez attended the League of California Cities Joint Meeting of Inland Empire Riverside Mountain Division Meeting, which was held May 20, 2026, in Riverside, CA.

Mayor Pro Tem Emeritus Toro attended the International Council of Shopping Centers (ICSC) Conference, which was held from May 18-20, 2026, in Las Vegas, NV.

Mayor Navarro attended the International Council of Shopping Centers (ICSC) Conference, which was held from May 18-20, 2026, in Las Vegas, NV; and traveled with a Delegation sent from the city to Washington D.C. in order to talk to administration about legislation and exemptions that would allow for positive economic growth in the City.

Appointments
Mayor and Council Discussion Items
Public Hearings
1) Public Hearing - AB 2561 - City of Colton Annual Recruitment Report Staff Person: Thomas Cody
Public Hearing Opened
The Mayor announced the Public Hearing Open.

Staff Presentation
Thomas Cody, Human Resource and Risk Management Director, presented to Council an overview of the agenda Item and requested approval of staff's recommendation.

Public Comment
There was no public comment.

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

Vote: Unanimous, Motion Passes
Report was received and filed.

Business Items
There were no Business Items.
_____________________________________________________________________________

Public Comment
The following community members addressed the Council:
• Carlos Gonzalez, Teamsters Representative
• Caren Contreras, Resident
• Angela Wilkinson, Resident
Consent Calendar
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless council members, staff or the public request that specific items be discussed and/or removed for separate discussions or action.

Mayor Navarro presented the Consent Calendar Items 1 through 22.

Public Comment
• Carlos Gonzalez provided a public comment for item #19. 1) Minutes - Approval of Minutes for the City Council Regular Meeting Held on April 21, 2026, and May 6, 2026, and the City Council Special Meetings Held on April 27, 2026, and May 6, 2026, on File in the Office of the City Clerk.

City Clerk: Isaac T. Suchil
2) Warrants - Approve US Bank voucher dated 03/12/2026 totaling $66,209.51: voucher numbers 225772 to 225887 dated 04/16/2026 and totaling $1,054,229.49; voucher numbers 225888 to 226050 dated 04/23/2026 and totaling $1,122,888.21; voucher numbers 226052 to 226124 dated 04/29/2026 and totaling $95,916.13: vouchers numbers 226051, 226125 to 226250 dated 04/30/2026 and totaling $1,538,014.27; wires dated 05/11/2026 and totaling $3,711,376.40; a payroll disbursement listing dated 03/14/2026 to 03/27/2026 and totaling $1,286,887.19; a payroll disbursement listing dated 03/28/2026 to 04/10/2026 and totaling $1,355,364.49 and payroll disbursement listing dated 04/11/2026 to 04/24/2026 and totaling $1,250,329.83.

Staff Person: Stacey Dabbs

3) Agreement - Markley Technologies, Inc. - Authorize Professional Services Agreement with Markley Technologies, Inc. for Specialized Third-Party Technology Risk, Cybersecurity, Infrastructure Resiliency, and Escalation Advisory Services in an Amount of $225,000.

Staff Person: Stacey Dabbs
4) Agreement - National Public Safety Group - Professional Services Agreement With National Public Safety Group for Computer Aided Dispatch (CAD) and Records Management System (RMS) Replacement Project, in an Amount not to Exceed $450,000.

Staff Person: Anthony Vega
5) Amendment - Waste Disposal Agreement - Approve and Adopt a Resolution to Approve Amendment No. 9 of the Waste Disposal Agreement with the County of San Bernadino, Resolution No. R-60-26.

Staff Person: Chad Blais
6) Approve SB - 1 - Approve and Adopt a Resolution to Approve List of Projects for Fiscal Year 2026-2027 Road Repair and Accountability Act of 2017 (SB-1), in the Amount of $1,508,342, Resolution No. R-52-26.

Staff Person: Chad Blais
7) Budget - Adopt Fiscal Year 2026-27 Budget, Resolution No. R-56-26, R-57-26, CHA-02-26, and CUA-02-26.

Staff Person: Stacey Dabbs
8) Contract Amendment - Big Mike's Rooter & Plumbing, Inc. - Approve Maintenance Services Agreement Amendment No. 1, with Big Mike’s Rooter & Plumbing, Inc. in the Amount of $15,000.

Staff Person: Chad Blais
9) Contract Amendment - JC Energy Solutions, Inc. - Approve Amendment No. 1 for the Maintenance Services Agreement with JC Energy Solutions, Inc. in the Amount of $25,000.

Staff Person: Chad Blais
10) Contract Award - Southland Roofing - Award Contract to Southland Roofing for City Park Structures Roofing Project in the Amount of $114,000.

Staff Person: Chad Blais

11) Contract - Local Responsibility Area Wildland Protection Reimbursement Agreement - Approve and Adopt a Resolution to Authorize the Renewal of the Local Responsibility Area Wildland Protection Reimbursement Agreement with CAL FIRE in the amount of $53,143.64, Resolution No. R-45-26.

Staff Person: Justin Weems
12) Grant Acceptance - Early Childhood Education (ECE) - Quality Counts California and Work Force Pathways Grant.

Staff Person: Deb Farrar
13) Early Childhood Education (ECE) Funding - Approve and Adopt a Resolution to Accept and Expend Quality Start San Bernardino Funding in the Amount of $87,000, Resolution No. R-49-26.

Staff Person: Deb Farrar
14) General Municipal Election - November 3, 2026 - Calling and giving notice of the holding of a general municipal election to be consolidated with the statewide general election to be held on Tuesday, November 3, 2026, for the election of certain officers of said city as required by the provisions of the laws of the state of California relating to general law cities; requesting the county of San Bernardino to agree and approve said consolidation; and setting forth regulations for candidate’s statements, Resolution No. R-54-26.

Staff Person: Stephanie Vargas
15) Grant - Approve and Accept a Grant From the California Fire Foundation in the Amount of $11,800.00 and Amending the FY2025-2026 Budget, Resolution No. R-44-26.

Staff Person: Justin Weems
16) HSGP Grant Acceptance - Approve and Adopt a Resolution to Accept Homeland Security Grant Program Grant Funding From the San Bernardino County Office of Emergency Services in the Amount of $13,389.00, Resolution No. R-46-26.

Staff Person: Justin Weems
17) Purchase - Maui Signs and Neon - Approve the Purchase of Residential Street Signs from Maui Signs and Neon in an Amount of $107,648.32 for the Residential Street Sign Project.

Staff Person: Chad Blais

18) Purchase - Xybix Systems, Inc. - Approve the Purchase and Installation of Dispatch Console Workstations from Xybix Systems, Inc. for the Police Department Dispatch Center via NASPO ValuePoint No. 00318 in the Amount of $76,886.86.

Staff Person: Anthony Vega
19) Public Hearing - Set Public Hearing for June 16, 2026 to Approve and Adopt the Following Resolutions to Initiate Proceedings for the Annual Levy of Assessments for Landscape Lighting and Maintenance District I for Fiscal Year 2026-27, Resolution No. R-34-26, R-35- 26,& R-36-26.

Staff Person: Chad Blais
20) Public Hearing - Set Public Hearing Date of June 16, 2026, and Approve and Adopt the Following Resolutions to Initiate Proceedings for the Annual Levy of Assessments for Landscape Lighting and Maintenance District II for Fiscal Year 2026/-27, Resolution No. R38-26, R-39-26, & R-40-26.

Staff Person: Chad Blais
21) Public Hearing - Set the Public Hearing Date of June 16, 2026 for the Basic Fee for Storm Water Services and Storm Water Management User Fee.

Staff Person: Chad Blais
22) Second Reading of Ordinance No. O-09-26 - Approve Second Reading of an Ordinance of the City Council of the City of Colton, California, Requiring Electronic Filing of Fair Political Practices Commission (FPPC) Campaign Disclosure Statements, Ordinance No. O-09-26.

Staff Person: Stephanie Vargas
Motion/Vote
A motion was made to approve the Consent Calendar by CM Gonzalez, with a second by Mayor Pro Tem Emeritus Toro.

Vote: Motion Passed with Mayor Pro Tem Chastain and Council Member Echevarria voting no.

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

City Manager's Reports – None

Adjournment
Mayor Navarro adjourned the Regular Council Meeting at 07:30 PM in memory of four long time Colton residents:
• Carolina Duarte, who recently passed at the age of 103; • Andrea Luna, who recently passed at the age of 94;
• Frank Aguayo, who passed at the age of 93; and
• Mr. Silviano Flores Reyes.

A moment of silence was observed.
_________________________
Isaac T. Suchil, City Clerk
City of Colton

Item: 2.

Staff Report
Meeting Date: June 16, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Stacey Dabbs, Finance Director
Item Name: Warrants - Approve US Bank voucher dated 04/17/2026 totaling $60,781.48; voucher numbers 226251 to 226372 dated 05/07/2026 and totaling $746,384.02; voucher numbers 226373 to 226510 dated 05/14/2026 and totaling $522,206.73; voucher numbers 226511 to 226666 dated 05/21/2026 and totaling $1,195,077.39.

Recommended Action:

Approve US Bank voucher dated 04/17/2026 totaling $60,781.48; voucher numbers 226251 to 226372 dated 05/07/2026 and totaling $746,384.02; voucher numbers 226373 to 226510 dated 05/14/2026 and totaling $522,206.73; voucher numbers 226511 to 226666 dated 05/21/2026 and totaling $1,195,077.39.

Background:

The California Government Code requires that the legislative body ratify all vouchers issued in the course of conducting City business.

Issues/Analysis:

All vouchers and related backup documentation have been reviewed by the Finance Director and City Manager.

Fiscal Impacts:

None.

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. Fund Number and Title Legend

2. Voucher lists

City of Colton
Fund Number and Title Legend
Fund Title Fund Title
100 GENERAL FUND 701 LLMD #2
150 TREASURERS ACCOUNT GROUP 702 LLMD #1
206 COMMUNITY CHILD CARE 703 CFO 87-1 DEBT SERVICE
209 DSF FLY CONSERVATION 704 CFO 87-1 CONSTRUCTION
210 SPECIAL GAS TAX 707 CFO 88-1 DEBT SERVICE
211 LIBRARY GRANT FUND 708 CFO 88-1 CONSTRUCTION
212 STATE TRAFFIC RELIEF FUND 709 DSF FLY CONSERVATION
213 S.Y.E.T.P. GRANT 722 STORM WATER
214 POLLUTION REDUCTION FUND 733 CFO 89-1 CONSTRUCTION
215 COMMUNITY DEV ACT FUND 734 CFO 89-2 CONSTRUCTION
216 CDBG HOUSING REHAB FUND 744 CFO 89-1 DEBT SERVICE
217 DRUG/GANG INTERVENTION 745 CFO 89-2 DEBT SERVICE
218 MEASURE I FUND 750 AQUA MANSA CFO
219 STATE AID- CAPITAL PROJECTS 754 SB COUNTY HOSPITAL
220 Vi Tep 762 TRUST AND AGENCY
225 MISC GRANTS 766 DEFERRED COMPENSATION
240 HOST CITY FEES - CIP 781 CFO 90-1 DEBT SERVICE
247 Quimby In Lieu Fees 782 CFO 90-1 CONSTRUCTION
248 PARK DEVELOPMENT FUND 850 Redevelopment Obligation Retirement Fund 249 TRAFFIC IMPACT FUND 851 Successor Agency Administration 250 NEW FACILITIES DEVELOPMENT FEE 855 Housing Auth - RM PARK DEVELOPMENT 251 CIVIC CENTER DEVELOPMENT FEE 856 Housing Auth - RANCHO MED BOND PROCEEDS 252 FIRE FACILITY DEVELOPMENT FEE 857 LMI Asset Fund
253 POLICE FACILITY DEVELOPMENT FEE 864 Housing Auth - LOW/MOD BOND PROCEEDS 261 ASSET FORFEITURE 865 Housing Auth - RANCHO MED CHFA 326 AD 94-1 DEBT SERVICE 866 ECONOMIC DEVELOPMENT
332 1971 SEWER BONDS, A & C 867 Consolidation Proj_08-09 350 PFA Debt Fund 870 Housing Auth - RM PARK OPERATIONS 357 POB-Non Enterprise 871 Successor Agcy-RANCHO/M ILL PROJECT AREA 358 PENSION OBLIGATION DEBT SERVICE 872 Successor Agcy-RANCHO/MILL DEBT SERVICE 359 CORP YARD DEBT SERVICE 873 Successor Agcy-RDA II PROJECT FUND 363 1978-2 ASSESSMENT DIST. 874 Housing Auth - LOW/MOD DEBT SERVICE 364 WATER IMPRVMNT DIST A 875 Housing Auth - LOW/MOD BOND PROCEEDS 379 AD 1979-1 DEBT SERVICE 876 Successor Agcy-SANTA ANA RIV BND PROCEED 427 AD 94-1 CONSTRUCTION 877 Successor Agcy-SANTA ANA RIVER CIP 450 Capital Improvement Projects 878 RDA FIXED ASSETS GROUP 451 Colton Crossing Fund 879 Successor Agcy-WEST VALLEY CIP 453 STREET IMPROVEMENTS PRGM 881 Successor Agcy-MT VERNON BOND PROCEEDS 457 CAPITAL IMPROVEMENT 882 Successor Agcy-MT VERNON CIP 469 EQUIPMENT REPLACEMENT 885 Successor Agcy-MT VERNON DEBT SERVICE 520 ELECTRIC UTILITY 886 RDA ADM INISTRATION
521 WATER UTILITY 887 COOLEY RANCH - now 894
522 WASTEWATER UTILITY 888 MT VERNON - now 882
523 SOLID WASTE 889 WEST VALLEY - now 879
524 CEMETERY 890 Successor Agcy-RDA - LONG TERM DEBT GRP 525 RECYCLING 891 Successor Agcy-RDA I DEBT SERVICE FUND 526 PUBLIC BENEFIT FUND 892 Successor Agcy-RDA I - CAPITAL PROJECTS 527 WASTEWATER UTILITY - GRAND TERRACE 893 Successor Agcy-RDA II DEBT SERVICE FUND 551 WATER DEVELOPMENT 894 Successor Agcy-COOLEY RANCH PROJECT 552 SEWER DEVELOPMENT 895 Successor Agcy-COOLEY RANCH DEBT SERV 560 CEMETARY ENDOWMENT CARE 896 SANTA ANA RIVER - now 877 605 Facility & Equipment Maintenance Fund 897 Successor Agcy-SANTA ANA RIVER DEBT SVC 606 INFORMATION SERVICES FUND 898 Housing Auth - LOW/MOD CAPITAL PROJECTS 607 INSURANCE FUND 899 Successor Agcy-WEST VALLEY PRJ - DBT SV 608 AUTOMOTIVE SHOP 941 GENERAL LONG-TERM DEBT
610 AUTOMOTIVE SHOPS 958 GENERAL FIXED ASSETS
990 GASB 34

Item: 3.

Staff Report
Meeting Date: June 16, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Tom Miller, Interim Director
Item Name: Agreement - Southern California Public Power Authority - Routine Energy Efficiency and Conservation Programs.

Recommended Action:

1. Authorize Energy Efficiency (EE) Program Professional Services Agreements through the Southern California Public Power Authority (SCPPA); and

2. Authorize the City Manager, or designee, to execute all on-call associated agreements and amendments that are coterminous with the SCPPA Master Services Agreement, until such authorization is rescinded.

Background:

The Southern California Public Power Authority (SCPPA) is a Joint Powers Authority formed in 1980 under the Joint Exercise of Powers Act of the California Legislature. The City of Colton is one of eleven municipal utilities and one irrigation district comprising SCPPA’s membership.

Over the years, SCPPA’s role has expanded from generation and transmission acquisition to include legislative advocacy and cooperative programs designed to reduce member costs and improve operational efficiency.

As a SCPPA member, the City of Colton benefits from participating in Professional Services Agreements executed by SCPPA on behalf of its member agencies. The Electric Department participates in SCPPA’s Public Benefits Committee, which coordinates activities including preparation of the State-required annual report detailing the use of Public Benefit Funds, and facilitates the exchange of information regarding energy efficiency, renewable energy, research and development programs, and low-income customer services.

Issues/Analysis:

California Assembly Bill 723 requires municipal electric utilities to collect revenues for the

following Public Benefit Programs:

1. Cost-effective demand-side management services that promote energy efficiency and energy conservation.

2. New investments in renewable energy resources and technologies consistent with existing statutes and regulations that promote such resources and technologies.

3. Research, development, and demonstration programs that advance science or technology for the public interest when not adequately provided through competitive or regulated markets.

4. Services for low-income electricity customers, including targeted energy efficiency services and rate discounts.

5. Intrinsically educating, informing, and promoting the wise use of electrical energy and the standard of living provided by electro-technologies and the people who serve the enduse customers.

Colton Electric Utility's (CEU) Energy Efficiency (EE) Programs continue to demonstrate positive energy savings, as reflected in the annual SB 1037 filing. Staff recommends renewing all SCPPA agreements that continue to provide beneficial services consistent with the authority established under AB 723, until rescinded. Currently, CEU has executed Task Orders with the following companies:

Alternative Energy Systems Consulting (AESC) - AESC is an engineering consulting firm that evaluates project energy savings and cost estimates, conducts customer equipment inspections and energy audits, and develops and implements measurement and verification (EM&V) services on behalf of CEU.

Arbor Day Foundation - Provides the Energy Saving Tree Program, which distributes approximately 200 shade trees annually to CEU customers through an online portal. The program includes GIS-based tree placement recommendations designed to maximize energy savings. The online i-Tree portal also provides long-term benefit data related to energy savings, air quality improvements, and carbon emission reductions.

Brillion – Automated Energy - Provides load profiling software for CEU industrial customers.

The software offers energy analytics that allow customers to track and manage energy consumption and costs by meter, sub-meter, or facility. Users can generate detailed reports on usage, peak demand, and rate comparisons, and receive text or email alerts as needed.

Clean Power Research - Provides PowerClerk, a solar application management platform that streamlines the residential solar interconnection process. PowerClerk guides applicants through the process and automatically identifies the required documentation and agreements, improving efficiency for customers seeking to install solar systems.

Brillion – EnergyX - Provides residential customers with an online energy audit tool. Upon completion of the audit, customers are linked to the EFI online marketplace where they may purchase energy-efficient products for direct home delivery.

Thule – Ice Energy - Thule provides thermal energy storage systems. The technology works to make ice during off-peak electrical hours and then uses the stored ice to cool buildings during peak demand periods, reducing HVAC compressor electricity. Several City Facilities, including City Hall, utilize this type of cooling system. The contract currently allows for maintenance and repairs.

Synergy Companies - Administers multiple energy savings programs, including hospitality and business audits with direct-install measures, residential audits with direct-install services, and municipal department energy efficiency upgrades. Synergy also provides customer support related to energy efficiency services.

Tinker LLC - Provides energy and water education programs for sixth-grade students, high school students, and adults through an interactive online curriculum. The program includes teacher and student educational materials, as well as energy and water conservation kits delivered directly to students’ homes or schools, as necessary.

National Energy Foundation - Provides electric vehicle education programs for Colton High School students. Students learn principles related to demand response and reduction, as well as the use of ENERGY STAR® chargers and electric vehicle technologies.

Fiscal Impacts:

Funds for program expenditures are budgeted annually in the adopted Fiscal Year Budget, subject to City Council approval, within the following accounts:
• 526-8000-8038-2041-0930-020-Not to exceed $750,000 per FY • 526-8000-8035-2350-0923-000-Not to exceed $200,000 per FY • 526-8000-8035-2041-0930-020-Not to exceed $35,000 per FY • 526-8000-8035-2350-0923-000-Not to exceed $200,000 per FY • 526-8000-8038-2350-0923-000-Not to exceed $125,000 per FY • 526-8000-8037-2041-0930-020-Not to exceed $250,000 per FY • 526-8000-8039-2350-0923-000- Not to exceed $75,000 per FY • 526-8000-8037-2350-0923-000- Not to exceed $100,000 per FY • 526-8000-8038-2350-0923-000-Not to exceed $125,000 per FY Alternatives:

Provide alternative direction to staff.

Attachments:

None

Item: 4.

Staff Report
Meeting Date: June 16, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Stacey Dabbs, Finance Director
Item Name: Amendment - Community Development Block Grant - Approve Resolution Amending the FY2025-2026 Public Service Projects Budget Allocating Funding for Projects to be Funded by the Community Development Block Grant (CDBG) Funds, Resolution No. R-27-

26. Recommended Action:

1. Approve Resolution No. R-27-26 amending the FY 2025–2026 Budget to account for the allocation of Community Development Block Grant (CDBG) funding for Community Services projects, including the Teen Center, Homeless Solutions, and Adult Literacy programs; and,

2. Authorize the corresponding adjustment of appropriations within the Community Services budget.

Background:

The Community Development Block Grant (CDBG) program provides federal funding to support a wide range of community development activities aimed at benefiting low- and moderate-income residents. These funds are administered annually and allocated to eligible projects that address community needs, including public services, housing, and economic development.

Through prior Council action under Resolution No. R-122-24, funding allocations were approved for several Community Services projects for Fiscal Year (FY) 2025–2026. These projects include the Teen Center Program, Homeless Solutions Program, and Adult Literacy Program. Each program addresses critical community needs by providing youth engagement, homelessness assistance, and educational support services.

To ensure the City’s financial records accurately reflect these approved allocations, a budget

amendment is required.

Issues/Analysis:

The adopted FY 2025–2026 budget does not fully reflect the funding allocations approved under Resolution No. R-122-24 for the identified Community Services programs. As such, an adjustment to appropriations is necessary to align the budget with Council-approved funding levels.

The proposed budget amendment, through Resolution No. R-27-26, will formally incorporate the CDBG allocations into the FY 2025–2026 budget for the following programs:
• Teen Center Program: Provides a safe, structured environment for youth, including academic support, recreation, and mentorship opportunities. • Homeless Solutions Program: Delivers services aimed at reducing homelessness, including outreach and access to housing resources.
• Adult Literacy Program: Supports adult education by improving literacy and access to lifelong learning opportunities.
•
This action ensures that funding is properly budgeted and available for expenditure, supports effective program implementation, and maintains compliance with federal CDBG requirements.

Fiscal Impacts:

Approval of Resolution No. R-27-26 will amend the FY 2025–2026 budget to reflect the allocation of CDBG funding for the identified Community Services programs. There is no fiscal impact to the General Fund. All program costs will be fully supported through CDBG funding.

This amendment will ensure accurate accounting, proper fund allocation, and compliance with federal reporting requirements.

Amend FY2025-26 Budget in CDBG Fund Accounts as follows:
• Increase appropriations in CDBG Fund transfer account #215-2021-6920-5993-0000-100 by $20,700
• Increase appropriations in CDBG Fund transfer account #215-1507-6920-5993-0000-100 by $15,781
• Increase appropriations in CDBG Fund transfer account #215-1504-6920-5993-0000-211 by $19,000
Alternatives:

1. Provide alternative direction for staff.

Attachments:

1. Resolution No R-27-26 FY26 CDBG programs

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RESOLUTION NO. R-27-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, AMENDING THE FISCAL YEAR 2025–2026 BUDGET TO ACCOUNT FOR THE

ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING

FOR COMMUNITY SERVICES PROJECTS
WHEREAS, the City Council of the City of Colton elected to enter into a Cooperation Agreement with the County of San Bernardino in order to receive Community Development Block Grant (“CDBG”) funds; and
WHEREAS, the City Council previously approved funding allocations for Community Services projects for Fiscal Year 2025–2026 through Resolution No. R-122-24, including the Teen Center Program, Homeless Solutions Program, and Adult Literacy Program; and
WHEREAS, the adopted Fiscal Year 2025–2026 Budget does not fully reflect the approved allocation of CDBG funding for these programs; and WHEREAS, it is necessary to amend the Fiscal Year 2025–2026 Budget to accurately account for the allocation and appropriation of CDBG funds for the approved Community Services projects; and
WHEREAS, the proposed budget amendment is funded entirely through CDBG revenues and will not impact on the City’s General Fund.

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

SECTION 1. he City Council hereby approves the amendment to the adopted Fiscal Year 2025–2026 budget as follows:
• Increase appropriations in CDBG Fund transfer account #215-2021-6920-5993-0000- 100 by $20,700
• Increase appropriations in CDBG Fund transfer account #215-1507-6920-5993-0000- 100 by $15,781
• Increase appropriations in CDBG Fund transfer account #215-1504-6920-5993-0000- 211 by $19,000

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SECTION 2. The City Council hereby authorizes the adjustment of appropriations within the Community Services budget to reflect the approved funding allocations for the aforementioned programs.

PASSED, APPROVED AND ADOPTED THIS 16TH DAY OF JUNE 2026. _______________________________
FRANK J. NAVARRO
Mayor
ATTEST:
__
ISAAC T. SUCHIL
City Clerk

Item: 5.

Staff Report
Meeting Date: June 16, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Heidi Duron, Director
Item Name: Authorize Community Facilities District (CFD) Levy - CFD's 2021-1 & 2021-2 - Authorize the Levy of Special Taxes in CFD No. 2021-1 and 2021-2 for FY2026-27, Resolution No. R-58-26 & R-59-26.

Recommended Action:

1. Adopt Resolution R-58-26 Authorizing the Levy of a Special Tax in the City of Colton Community Facilities District No. 2021-1 (Public Safety) for Fiscal Year 2026-27; and,

2. Adopt Resolution R-59-26 Authorizing the Levy of a Special Tax in the City of Colton Community Facilities District No. 2021-2 (Maintenance Services) for Fiscal Year 2026-

27. Background:

Community Facilities Districts (“CFDs”) are an option for local governments to consider, which impose a special tax to provide for the funding necessary to deliver needed public services to the property within such CFD. CFDs are created pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”). The special tax is collected with the annual property taxes collected by the county. This item seeks to gain the needed annual authorization to enroll the annual special taxes for fiscal year 2024/2025.

On July 20, 2021, the City Council formed Community Facilities District No. 2021-1 (Public Safety) (“CFD 2021-1”) and Community Facilities District No. 2021-2 (Maintenance Services) (“CFD 2021-2” and together with CFD 2021-1, the “Districts”) for the purposes of providing funding for the following public services:

CFD 2021-1 was formed for the purpose of financing certain types of services, including but not limited to the following:
• Police protection services; and

• Fire protection services.

CFD 2021-2 was formed for the purpose of financing certain types of services, including but not limited to the following:
• maintenance and lighting of parks, parkways, streets, roads, and open space; • flood and storm protection services;
• graffiti abatement;
• the operation and maintenance of storm drainage systems; • maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City; • and/or any other services authorized under the Act.

Issues/Analysis:

An ordinance was adopted for each of the Districts authorizing the City Council, by annual resolution, to annually determine the special tax to be levied within each District for the then current tax year and future tax years provided that the special taxes to be levied shall not exceed the maximum special taxes authorized in the rate and method of apportionment of special tax (the “RMA”) approved for each District.

Staff requests the City Council to adopt the attached Resolutions and direct the Director of Finance to remit the certified Resolutions to the County of San Bernardino Auditor Tax Collector, requesting the special taxes be collected on the property tax bills for the parcels of each District, along with ordinary ad valorem property taxes to be levied on and collected from the owners of such parcels.

A special tax will be levied on all taxable parcels within the Districts as set forth in the Exhibit A of each Resolution. CFD 2021-1 special tax rates for fiscal year 2026/2027 shall be $366.96 per single family residential property and $257.47 per multi-family residential property for a total of $6,238.15 special taxes. CFD 2021-2 special tax rates for fiscal year 2026/2027 shall be $70.99 per single family residential property and $49.33 per multi-family residential property for a total of $1,206.66 special taxes. Such special taxes to be levied do not exceed the maximum special taxes authorized in the RMAs for each District.

Exempt from CEQA
These actions are not subject to the requirements of the California Environmental Quality Act (“CEQA”). The approval of the resolutions is not a “project” within the meaning of 14 CCR Section 15378 (“State CEQA Guidelines”) because it has no potential for resulting in direct or indirect physical change in the environment. The special taxes are exempt from CEQA pursuant to California Public Resources Code section 21080(b)(8) and State CEQA Guidelines section 15273(a) because such special taxes are necessary and reasonable to fund the administration, operation, and maintenance of the public services to be provided.

Fiscal Impacts:

There is no additional fiscal impact to approve this item. The special tax revenues proposed to be levied in CFD 2021-1 and CFD 2021-2 will offset the cost of providing the respective City

services. Failure to approve these Resolutions will result in a budget shortfall, rendering the Districts incapable of providing funding for the needed services.

Alternatives:

Provide alternative direction
Attachments:

1. Resolution R-58-26 Colton CFD 2021-1-FY26-27

2. Resolution R-58-26 Colton CFD 2021-1 Exhibit A

3. Resolution R-59-26 Colton CFD 2021-2-FY26-27

4. Resolution R-59-26 Colton CFD 2021-2 Exhibit A

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29 RESOLUTION NO. R-58-26

A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA AUTHORIZING THE LEVY OF A SPECIAL TAX IN CITY OF COLTON COMMUNITY FACILITIES DISTRICT NO. 2021-1 (PUBLIC SAFETY) FOR FISCAL YEAR 2026/2027
WHEREAS, the CITY COUNCIL of the CITY OF COLTON, CALIFORNIA previously undertook proceedings to form a Community Facilities District designated as CITY OF COLTON COMMUNITY FACILITIES DISTRICT NO. 2021-1 (Public Safety) and is referred to herein as the "District', and conducted an election and received a favorable vote from the qualified electors authorizing the levy of a special tax in the District, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"); and
WHEREAS, the Act authorized the City Council to levy the special taxes at the rate and apportion them in the manner as approved by the qualified electors and further authorized the City Council to thereafter provide, by resolution, for the levy of the special tax in the current tax year or future tax years at the same rate or at a lower rate than the rate provided by the ordinance; and
WHEREAS, the City Council desires to authorize the levy of the special tax by resolution for the current and all future tax years.

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

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That the City Council does, by the passage of this resolution, authorize the levy of special taxes at the rate as set forth in Exhibit "A" attached hereto, referenced and so incorporated.

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29 SECTION 3. That the City Council is hereby further authorized, by Resolution, to determine the specific special tax rate and amount to be levied for the then current tax year or future tax years, except that the special tax rate to be levied shall not exceed the Maximum Special Tax as set forth in Exhibit "A", but the special tax may be levied at a lower rate.

SECTION 4. The proceeds of the above authorized and levied special tax may only be used to pay, in whole or in part, the costs of the following:

A. Payment of costs and expenses of authorized public facilities; B. Repayment of advances and loans, as appropriate; and C. Payment of District administrative costs.

The proceeds of the special tax shall be used as set forth above and shall not be used for any other purpose.

SECTION 5. The above authorized special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any such special tax.

SECTION 6. The above authorized special tax shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special tax.

The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with Section 53344 of the Government Code of the State of California or until the special tax ceases to be levied by the Legislative body of the local Agency in the manner provided in Section 53330.5 of said Government Code.

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29 SECTION 7. This Resolution shall take effect upon its adoption under the specific authorization of Government Code Section 53340 and as the levy of taxes for the usual and current expenses of the District as provided by Government Code Section 36937 (d).

SECTION 8. The City Clerk shall sign this Resolution and shall cause the same to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated in this City.

PASSED, APPROVED AND ADOPTED THIS 16th DAY OF JUNE 2026. ___________________________
FRANK J. NAVARRO
Mayor
ATTEST:
___________________________
ISAAC T. SUCHIL
City Clerk

1. Developed Property
a. Maximum Special Tax

2. Undeveloped Properties
a. Maximum Special Tax
EXHIBIT “A”
City of Colton
Community Facilities District No. 2021-1 (Public Safety) Fiscal Year 2026/2027 Proposed Special Tax Rates
Each Assessor’s Parcel of Developed Property shall be subject to the Special Tax. The Maximum Special Tax for Developed Property for Fiscal Year 2026/2027 is shown below in Table 1.

TABLE 1
Land Use Type
Developed Category (1)
Single Family Residential Property
Multi-Family Residential Property
(1) Developed Property means an Assessor’s Parcel of Taxable Property for which a Building Permit was issued on or before May 1 preceding the Fiscal Year for which the Special Tax is being levied.

Each parcel classified as Undeveloped Property shall be exempt from the levy of the Special Tax.

Maximum Special Tax (2)
$388.90 per Residential Unit
$272.87 per Residential Unit
Proposed Special Tax
$388.90 per Residential Unit
$272.87 per Residential Unit
(2) The Maximum Special Tax rates shall be increased from the Maximum Special Tax rate in effect for the prior Fiscal Year by an amount equal to the annual percentage increase of the All Urban Consumers Consumer Price Index (“CPI”) or two percent (2%), whichever is greater.

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29 RESOLUTION NO. R-59-26

A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA AUTHORIZING THE LEVY OF A SPECIAL TAX IN CITY OF COLTON COMMUNITY FACILITIES DISTRICT NO. 2021-2 (MAINTENANCE) FOR FISCAL YEAR 2026/2027
WHEREAS, the CITY COUNCIL of the CITY OF COLTON, CALIFORNIA previously undertook proceedings to form a Community Facilities District designated as CITY OF COLTON COMMUNITY FACILITIES DISTRICT NO. 2021-2 (Maintenance) and is referred to herein as the "District', and conducted an election and received a favorable vote from the qualified electors authorizing the levy of a special tax in the District, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"); and
WHEREAS, the Act authorized the City Council to levy the special taxes at the rate and apportion them in the manner as approved by the qualified electors and further authorized the City Council to thereafter provide, by resolution, for the levy of the special tax in the current tax year or future tax years at the same rate or at a lower rate than the rate provided by the ordinance; and
WHEREAS, the City Council desires to authorize the levy of the special tax by resolution for the current and all future tax years.

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

SECTION 1. That the above recitals are all true and correct.

SECTION 2. That the City Council does, by the passage of this resolution, authorize the levy of special taxes at the rate as set forth in Exhibit "A" attached hereto, referenced and so incorporated.

SECTION 3. That the City Council is hereby further authorized, by Resolution, to determine the specific special tax rate and amount to be levied for the then current tax year or

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29 future tax years, except that the special tax rate to be levied shall not exceed the Maximum Special Tax as set forth in Exhibit "A", but the special tax may be levied at a lower rate.

SECTION 4. The proceeds of the above authorized and levied special tax may only be used to pay, in whole or in part, the costs of the following:

A. Payment of costs and expenses of authorized public facilities; B. Repayment of advances and loans, as appropriate; and C. Payment of District administrative costs.

The proceeds of the special tax shall be used as set forth above and shall not be used for any other purpose.

SECTION 5. The above authorized special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any such special tax.

SECTION 6. The above authorized special tax shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special tax.

The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with Section 53344 of the Government Code of the State of California or until the special tax ceases to be levied by the Legislative body of the local Agency in the manner provided in Section 53330.5 of said Government Code.

SECTION 7. This Resolution shall take effect upon its adoption under the specific authorization of Government Code Section 53340 and as the levy of taxes for the usual and current expenses of the District as provided by Government Code Section 36937 (d).

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29 SECTION 8. The City Clerk shall sign this Resolution and shall cause the same to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated in this City.

PASSED, APPROVED AND ADOPTED THIS 16TH DAY OF JUNE 2026. __________________________
FRANK J. NAVARRO
Mayor
ATTEST:
_________________________
ISAAC T. SUCHIL
City Clerk

1. Developed Property
a. Maximum Special Tax

2. Undeveloped Property
a. Maximum Special Tax
Each parcel classified as Undeveloped Property shall be exempt from the levy of the Special Tax.

Land Use Type
Developed Category (1) Proposed Special Tax Maximum Special Tax (2) Single Family Residential Property $75.23 per Residential Unit $75.23 per Residential Unit Multi-Family Residential Property $52.27 per Residential Unit $52.27 per Residential Unit (1) Developed Property means an Assessor’s Parcel of Taxable Property for which a Building Permit was issued on or before May 1 preceding the Fiscal Year for which the Special Tax is being levied. (2) The Maximum Special Tax rates shall be increased from the Maximum Special Tax rate in effect for the prior Fiscal Year by an amount equal to the annual percentage increase of the All Urban Consumers Consumer Price Index (“CPI”) or two percent (2%), whichever is greater.

TABLE 1
EXHIBIT “A”
City of Colton
Community Facilities District No. 2021-2 (Maintenance)
Fiscal Year 2026/2027 Proposed Special Tax Rates
Each Assessor’s Parcel of Developed Property shall be subject to the Special Tax. The Maximum Special Tax for Developed Property for Fiscal Year 2026/2027 is shown below in Table 1.

Item: 6.

Staff Report
Meeting Date: June 16, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Contract Award - EMTS, Inc. dba Elite Maintenance and Tree Service - Award Contract to EMTS, Inc. dba Elite Maintenance & Tree Service for Annual Maintenance Services for Landscape Lighting & Maintenance Districts I & II, in a Combined Amount not to Exceed $262,460.

Recommended Action:

1. Approve the award of a one (1) year Maintenance Service Agreement for fiscal year 2026-27 with EMTS, Inc. in the total amount not to exceed $262,460, with the option to renew for two (2) additional one-year periods with escalation tied to the Consumer Price Index (CPI) for the Riverside-San Bernardino-Ontario area. The component breakdown of the services is as follows:
• Fixed annual landscape maintenance services for Landscape Lighting & Maintenance District I for $116,892 and Landscape Lighting & Maintenance District II for $95,568;
• Additional authorization up to $30,000 for LLMD I and $20,000 for LLMD II for as needed irrigation repairs, plant replacement, and related maintenance services, subject to prior staff approval.

The total fixed annual maintenance services amount is $212,460, with an additional $50,000 authorized for as-needed repair and replacement services, for a combined annual authorization not to exceed $262,460.

2. Authorize the City Manager or designee to execute the Maintenance Services Agreement documents as needed, including subsequent and up to two (2) additional one-year extensions.

Background:

In compliance with the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, the City Council formed a Landscape and Lighting Maintenance Assessment District (LLMD). There are two Landscape Lighting and Maintenance Districts within the City of Colton. Each District is responsible for maintaining lighting, landscaping and all applicable facilities within its boundaries.

The LLMDs have been annually maintained by a third-party through a landscape maintenance services agreement with the City. The current agreement expires on June 30, 2026.

Issues/Analysis:

In accordance with the Colton Municipal Code Section 3.08.110, a Request for Notice Inviting Formal Requests for Proposal and Qualifications was sent for publication on March 20, 2026.

The bid opening was held on April 16, 2026, at 4:00 P.M., using the City's BidNet webpage with a total of 8 being received.

Vendor LLMD I LLMD II Total Base Cost
Brightview $118,956.00 $94,884.00 $213,840.00
Integrity Arborist and Ecoscape $136,074.84 $80,645.16 $216,720.00 RP Landscape & Irrigation $121,332.00 $95,568.00 $216,900.00 EMTS $120,708.00 $97,680.00 $218,388.00
JAS Landscape $117,000.00 $111,600.00 $228,600.00
MCE Corporation $214,546.92 $85,739.16 $300,286.08
Nova Landscape Group Inc $195,093.11 $117,254.55 $312,347.66 Mariposa Landscape, Inc $217,392.00 $175,008.00 $392,400.00 Staff reviewed and evaluated the proposal responses provided by each vendor and the initial pricing offered. Because this bid process is based on qualifications and pricing, staff ultimately decided to interview three of the top vendors to obtain more information regarding each vendors overall experience and how each would implement services. The vendors interviewed were Brightview Landscape Service, Inc., EMTS, and Integrity Arborist and Ecoscape. In addition, after reviewing the scope of work as part of the interview process staff also allowed each vendor to submit an updated pricing sheet to reflect the best and final price for LLMD I & LLMD II.

Vendor LLMD I LLMD II Total Base Cost
EMTS $116,892.00 $95,568.00 $212,460.00
Brightview $118,956.00 $94,884.00 $213,840.00
Integrity Arborist and Ecoscape $136,074.84 $80,645.16 $216,720.00 EMTS provided the overall combined lowest pricing for LLMD I & II and staff was impressed

with the overall experience and the methods of communication and documentation offered by EMTS, Inc. In addition, EMTS, Inc. is currently providing landscape maintenance services at multiple Colton water, sewer and electrical sites and staff has been pleased with their overall performance. Therefore, staff recommends the award of a one-year maintenance service contract to the most responsive and qualified bidder, EMTS, Inc., in the amount of $212,460 for the LLMD I ($116,892) and LLMD II ($95,568), and to authorize the City Manager to execute the Agreement for said services. In addition, staff recommends City Council authorize an additional annual expenditure authority not to exceed $50,000 for as-needed irrigation repairs, irrigation equipment replacement, and plant material replacement services, including up to $30,000 for LLMD I and up to $20,000 for LLMD II, subject to prior staff approval. Accordingly, the total annual contract authorization requested is $262,460. Staff also recommends the City Manager be authorized to execute up to two (2) one-year extensions with escalation tied to the CPI for Riverside-San Bernardino-Ontario area.

Please note the add-alternative work included in the bid sheets for citywide median maintenance is not being included in this agreement.

Fiscal Impacts:

The total proposed FY2026-27 annual contract authorization is $262,460, consisting of $212,460 for fixed annual maintenance services and an additional authorization of up to $50,000 for asneeded irrigation repairs and plant replacement services. The proposed FY2026-27 budget includes appropriations for professional landscape maintenance services within LLMD I and LLMD II. Sufficient appropriations are available in the adopted FY2026-27 budget in the following accounts to support the proposed contract authorization amount for FY2026-27:

Component Funding Source Amount
LLMD I Fixed Services 702-6150-6212-2350-0000-000 $116,892 LLMD II Fixed Services 701-6150-6220-2350-0000-000 $95,568 Total Fixed Annual Services $212,460
Additional As Needed Repair
Authorization
702-6150-6212-2350-0000-000
701-6150-6220-2350-0000-000
$50,000
Total Not-to-Exceed
Authorization
$262,460
Future budget requests will incorporate the necessary appropriations for any approved contract extensions, including applicable Consumer Price Index (CPI) adjustments authorized under the agreement.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. Colton LLMD 2026 Contract_Final

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CITY OF COLTON

MAINTENANCE SERVICES AGREEMENT

LLMD I & II

1. PARTIES AND DATE.

This Agreement is made and entered into this 16th day of June, 2026 by and between the City of Colton, a municipal corporation organized under the laws of the State of California with its principal place of business at 650 North La Cadena Drive, Colton, California 92234, County of San Bernardino, State of California (“City”) and EMTS, Inc. dba Elite Maintenance & Tree Service, a Corporation with its principal place of business at 2972 Larkin Avenue, Clovis, CA 93612 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS.

2.1 Contractor.

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

Contractor represents that it is experienced in providing professional landscape maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the professional landscape maintenance service for LLMD I & II project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from July 1, 2026 to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two (2) additional oneyear terms. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

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3.2 Responsibilities of Contractor.

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

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

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

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

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

3.2.5 Contractor’s Representative. Contractor hereby designates Darin Sherlock, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally,

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

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

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

3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law.

3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10.1 Employment Eligibility; Contractor. By executing this Agreement, 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. Such

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requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor.

Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its subsections.

3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

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

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

3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Contractor

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shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. (A) Contractor shall comply, and shall ensure all subcontractors comply, with all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 (“Regulation”).
(B) Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ Fleet including, without limitation, the Certificate(s) of Reported Compliance (CRCs), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the Commission. (C) Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation.

Contractor shall defend, indemnify and hold harmless the Commission, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.

3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. (B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them

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without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance.

3.2.11.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, 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.

3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the 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 Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 MINIMUM per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 MINIMUM per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California.

Employer’s Liability limits of $1,000,000 MINIMUM per accident for bodily injury or disease.

Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not

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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 Agreement.

3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the 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 unbroken chain of coverage excess of the 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 the Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section

3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the 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 the Contractor’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers’ Compensation and Employer’s Liability Coverage.

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

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with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

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

3.2.11.4 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.

3.2.11.5 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.

3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by 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.

3.2.11.7 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.

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

3.2.11.9 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 Services under this Agreement.

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times

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be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Bonds.

3.2.13.1 Performance 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 Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.2 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 Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.3 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 affected bond within 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 Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

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

3.2.15 Work Sites.

3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services.

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

3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services 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 Services until the same is fully completed and accepted by City.

3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services 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 Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any

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

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred Twelve Thousand Four Hundred Sixty Dollars ($212,460) without written approval of City’s Public Works and Utility Services Director. The breakdown of the total compensation is as follow: LLMD I ($116,892) and LLMD II ($95,568). Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. No price increases will be permitted during the first period of the Contract. All price decreases will automatically be extended to the City. For each renewable extension, the price increase or decrease will reflect the consumer price index (CPI) of the Riverside-San Bernardino-Ontario area as specified per State of California Department of Labor. No retroactive price adjustments will be considered.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.

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3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4 Termination of Agreement.

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

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

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

3.5 General Provisions.

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

Contractor:

EMTS, Inc. dba Elite Maintenance & Tree Service
2972 Larkin Avenue
Clovis, CA 93612
Attn: Darin Sherlock – Vice President
City:

City of Colton
650 North La Cadena Drive
Colton, CA 92324
Attn: Chad Blais – Public Works and Utility Services Director Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized 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 Agreement, 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 the City or the City’s agents, servants, or

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independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

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

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

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

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

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

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

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

3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its

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elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

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

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

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

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

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

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

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

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

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

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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND EMTS, INC. DBA ELITE MAINTENANCE & TREE SERVICE
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 16th day of June, 2026.

CITY OF COLTON
By: _________________________
William R. Smith
City Manager
Attest: _________________________
Isaac T. Suchil
City Clerk
EMTS, INC.

DBA ELITE MAINTENANCE & TREE SERVICE
a California Corporation
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
By: _________________________
Signature

_________________________
Name (Print)

_________________________
Title (Print)

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EXHIBIT “A”

SCOPE OF SERVICES

SEE ATTACHED RFP/Q SCOPE OF WORK

SPECIAL PROVISIONS

CITY OF COLTON LANDSCAPE AND LIGHTING MAINTENANCE

DISTRICT I AND II LANDSCAPING SERVICES

AND ADD-ALTERNATE VARIOUS CITYWIDE MEDIAN SITES

1. SCOPE OF WORK

ALL LANDSCAPED AREAS SHALL BE MAINTAINED TO HAVE A NEAT AND WELL

TENDED APPEARANCE AND TO PROVIDE A SAFE ENVIRONMENT FOR THE GENERAL PUBLIC AT ALL TIMES.
a. The work to be performed under this Contract shall include the furnishing of all labor, material, and equipment necessary for the provision of landscape and appurtenant maintenance services within the boundaries of the various zones of the District as specified herein.
b. All work shall be done in a thorough and workmanlike manner to the satisfaction of the Contract Administrator or his/her designee, and comply with all legal construction and landscape maintenance practices. The premises shall be maintained at the level of service provided in these specifications at all times.
c. The Contractor shall have the duty to: mow, edge, trim, manage ground cover, and fertilize turf and shrub areas designed herein. Regularly maintain and prune trees up to 15’ in height; remove litter and debris from all sites as required under this Contract; provide general herbicide & pesticide control serves as requested including but not limited to weeds, insects, and diseases, rodents, and pests; maintain irrigation and drainage systems; hand water and bleed valves as necessary during emergencies when automatic systems are not functioning. d. All work shall be performed in accordance with usual and customary landscape industry horticultural practices to achieve, and maintain healthy viable landscapes. Contractor shall maintain all work sites in a safe, attractive and usable condition. Contract Administrator or his/her designee will periodically inspect all the operations and approve or reject the work performed and methods or materials used, and make changes in work scheduling. e. The Contractor shall be responsible for carefully reviewing the site(s), and verifying that all areas include the square footage noted for each location of proposed work. The Contractor shall not be relieved of his or her liability under this Contract, as a result of any variance between conditions as referred to in the “Special Provision” and the actual conditions revealed during the examination of the locations of the proposed work.

1. SCHEDULING OF WORK
a. The Contractor shall adhere to the facilities, equipment and staffing schedule, and monthly and annual work schedules submitted as a part of the Contractor’s proposal, and incorporated herein by this reference. These schedules, and any approved revisions thereto, shall be used by the City as determining the Contractor’s satisfactory performance. b. Revisions to facilities, equipment, staffing, or monthly and annual work schedules shall not be implemented without the prior written approval of the Contract Administrator or his/her designee. The Contractor shall submit proposed revisions to equipment and

staffing, or monthly and annual work schedules in writing to the City at the address set forth in the cover page. Proposed revisions shall be provided within ten (10) working days prior to commencing work per the proposed revisions.
c. the Contractor shall notify the Director in writing at least five (5) days prior to the date and time of all “Specialty” type maintenance operations, which shall include but are not limited to:

1. Fertilization

2. Turf Aeration

3. Application of herbicides/ pesticides by any method other than spot spraying for small weeds

4. Other operations so designated by the Director
Notification of “Specialty” maintenance operations shall include a brief description of intended methods of execution, materials to be used, and the dates for commencement, and completion of said operations.
d. When inclement weather renders performance per approved schedule unsafe, impractical, or liable to damage landscaping, the Contractor shall adjust his work force in order to accomplish those work items not affected by weather, and shall contact the Contract Administrator or his/her designee to inform them of said alternate work assignments. e. For the purpose of this Contract, “Working Days” shall be Mondays through Friday. The hours of maintenance service shall be 7:00 a.m. to 5:00 p.m. Any work the Contractor proposes to perform outside of the days and hours set forth herein, as well as on legal City holidays, shall not be undertaken without prior written approval of the Contract Administrator or designee. If a scheduled maintenance service day falls on a designated holiday, contractor shall submit a proposed make –up day for the Contract Administrator or designee approval.

The following days have been designated as holidays by the City:

New Years Day, Martin Luther Kings Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Eve, Christmas Day, New Year’s Eve

2. COMMUNICATION WITH CITY
Contractor shall designate one person as the representative of Contractor authorized to act on its behalf with respect to this specified work. The City of Colton, through a designated representative, shall make inspections on a weekly basis, or as often as necessary to insure that complete and continuous maintenance is fulfilled. In addition, the City may obtain the services of an approved horticultural specialist to inspect plantings and make recommendations for improvements in the maintenance program. Contractor shall be required to attend monthly meetings with City staff to review Contractor’s performance and the condition of all maintenance areas. Dates and times of meetings shall be set by the City and the Contractor. These monthly meetings are not to substitute for Contractor’s responsibility to regularly inspect areas. The Contractor shall submit weekly inspection

reports signed by the Contractor’s representative that shows that all areas have been inspected that week, which areas are out of conformance with these specifications and the Contractor’s plans for bringing the areas into specification conformance. The Contractor shall submit a written report each month stating all contract work completed. The report shall show the work completed during each week contract work was accomplished, and shall be submitted with and cover the same work as the Contractor's billing statement for the previous month's work. The report shall include documentation of irrigation checks and chemical applications.

3. COMPLIANCE WITH LAW
a. All services rendered shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City, and any Federal, State, or local governmental agency having jurisdiction in effect at the time service is provided. Contractor is responsible for obtaining all permits and licenses required to perform work such as encroachment permit through CALTRANS. All spray applications are to be done in accordance with all State of California and United States law. The Contractor shall have secured from the County of San Bernardino all necessary permits and shall possess a current California State Department of Agriculture license. Contractor is to provide the City with a copy of Written Recommendations from a State of California Licensed Pest Adviser for all applications. The Contractor is required provide green waste recycling and to take green waste to green waste recycling facility (they shall not be mixed with solid waste and/or left onsite). Recycling costs shall be included in the proposal price.

4. FUNCTIONS AND RESPONSIBILITIES
a. Contractor shall designate a responsible representative who will be accessible during the Contractor’s opening hours. The Contractor will be required to contact the Contract Administrator or his/her designee on days the Contractor will be performing services under this contract for review and inspection of the work performed. A once per month meeting shall be held with the designated representative and the Contract Administrator or his/her designee. On-site review of the landscape, irrigation and other elements of the contract shall be reviewed. Each meeting shall not exceed two hours. b. The Contractor shall maintain an office at some fixed place, and shall maintain an operable telephone line, email address and fax machine. Contractor shall at all time employ some responsible person(s) to take the necessary action regarding all inquiries, complaints, and or emergency calls that may be received from the Contract Administrator or his/her designee. This person(s) shall be reachable twenty-four (24) hours per day, seven (7) days a week. During normal working hours, the Contractor’s Supervisor or employee designated as being responsible for providing maintenance services to the City shall be directly available for immediate notification through some type of reliable electronic means, including but not limited to, two-way radio, cell phone or email. The Contractor or designated employee shall confirm said notification within one (1) hour of receipt during working hours.
c. The Contractor shall respond to an emergency call from the Contract Administrator or his/her designee no later than two (2) hours following first notification by facsimile

transmission, email, in writing, or by telephone. In situations involving emergency repair work after normal working hours, the Contractor shall dispatch qualified personnel, and equipment to reach the site within two (2) hour of first notification. An emergency call can be made by the Contract Administrator or his/her designee. The Contractor shall notify the City of hazardous or emergency situations immediately. d. The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications herein. All of the Contractors maintenance personnel shall be supervised at the work site(s) by a qualified Supervisor in the employ of the Contractor. e. The Contractor and his employees and subcontractors, if any, shall conduct themselves in a proper and efficient manner at all times, and shall cause the least possible inconvenience for the public.
f. The Contract Administrator or his/her designee may require the Contractor to remove from the work site any employee(s) deemed careless, incompetent, or otherwise objectionable, whose continued employment on the job is considered to be contrary to the best interest of the City.
g. The contractor shall require each employee to wear a company uniform. Uniform shall contain company name, logo and employee name. Uniforms shall be at the Contractor’s expense. Safety vests are required at all times. Appropriate and proper industry standard PPE (Personal Protective Equipment) shall be used as job duties require. h. All complaints shall be responded to as soon as possible after notification, but in all cases within twenty-four (24) hours, to the satisfaction of the Contract Administrator or his/her designee. If any complaint is not satisfactorily responded to within twenty-four (24) hours, the Contract Administrator or his/her designee shall be notified immediately of the reason for not remedying the complaint followed by a written report to the Contract Administrator or his/her designee within five (5) days. If the complaints are not remedied within the time specified, and to the satisfaction of the Contract Administrator or his/her designee, the Contract Administrator or his/her designee may correct the specific complaint by using an alternative source plus the City to be credited for the cost of the work. i. Contractor is responsible for collecting, transporting, and disposing of all waste at the appropriate disposal facilities in accordance with applicable federal, state, and local laws and regulations, including the Clean Water Act and the City’s National Pollutant Discharge Elimination System (NPDES) program. All cost for said disposal shall be paid by the contractor. The Contractor shall notify the City immediately if a chemical spill, fuel spill or other contamination event takes place at a City work site or on City property. j. The City requires the contractor to use alternate disposal options such as reuse and recycling of applicable materials.

5. CHANGE ORDERS
If the City makes any other substantial change to the landscaping in a contract area, the City and Contractor shall negotiate any necessary adjustments to the monthly maintenance

contract. The City reserves the right to remove any area from the maintenance contract if agreement cannot be reached.

4. EXTRA WORK
a. The City may request extra work from the Contractor as needs arise. Contractor will only be compensated for work which is approved in writing by the City in advance. The City reserves the right to accomplish extra work with City forces or with other contractors instead of this Maintenance Contractor.
b. Upon notification that extra work will be required, the Contractor shall submit an itemized, written cost proposal for such work to the City. The City shall retain the right to reject such cost proposal and perform the extra work with City forces or other contractors.

Should the proposal be acceptable to the City, the Contractor shall be advised in writing and upon receipt of such written notification shall begin the work within five (5) working days or as agreed to between the Contractor and the City. c. The Contractor shall do such extra work in accordance with the agreement for extra work and with the provisions of these specifications and shall furnish all labor, materials and equipment. Payment for extra work performed shall be as agreed to by the Contractor and the City and as proposal.
d. Compensation for material will not exceed Contractor cost plus 10%. Contractor must provide invoice copies to be compensated for material and must provide employee timesheets in order to be compensated for labor at the extra work rate.

5. OTHER
a. The Contractor shall be responsible for any and all damage to surface and underground improvements due to the Contractor’s operations on or adjacent to parcels upon which landscape maintenance and weed abatement work is performed. b. Personal property found by the Contractor on City property or in public right-of-ways shall be reported to the City representative immediately and turned into the City on the same day that the property is found. If the items found are thought to be connected with a crime or crime scene, the items and surrounding area shall not be disturbed. The Contractor shall contact City staff immediately or the Colton Police Department if appropriate.

Specification Interpretation - Should any misunderstanding arise, the City will interpret the Specifications.

6. OPERATIONAL STANDARDS

TURF MAINTENANCE
Turf will be healthy with an even and uniform surface, color, and soil moisture that benefits the plant without disrupting the user’s experience. Turf will not exhibit bare

spots. Turf will be Pest-free. Shall be maintained in accordance with Turf Maintenance Section, Irrigation and Disease and Pest Control Section standards. a. Turf shall be mowed a minimum of once per week during the growing season (March through November). During the months of December through February, turf shall be mowed once every two weeks. Any alteration of the approved mowing schedule shall be submitted in writing to the Contract Administrator or his/her designee. b. Bruising or rough cutting of grass shall not be permitted. Mower blades shall be sharp and properly adjusted so that turf is cut to a uniform height of 2.5 to 3-inch clipping height.

Contractor should not cut off more than one-third of the grass height when mowing.

Scalping will not be permitted.
c. Grass cuttings which clump or windrow shall be removed immediately. Mowing patterns will be changed weekly or however necessary to avoid rutting. d. Mulch leaf litter with mowers as needed throughout the fall and winter months. Large concentrations of leaves may require pickup. Rakes are preferred for leaf litter removal over blowers. Leaf litter shall not be allowed to accumulate to the point that it will damage or kill turf. Leaf litter that is removed from turf shall either be chopped and used on-site, or transported to a plant debris recycling facility.
e. All turf areas shall be cleanly edged to the inside (turf side) edge of the concrete curbs.

All turf growing along public sidewalks and walkways shall be edged to maintain a crisp, clean edge along all such structures. Grass shall also be kept from overgrowing sprinkler heads. Edging shall also include trimming grass around poles, utilities, and any other concrete pads within or immediately adjacent to the turf areas. Edging shall not be permitted around tree trunks. Refer to “Tree” section for proper care of tree rings and wells.

Edging shall be done by the use of power edgers or by hand. Soil sterilants or other herbicides shall not be used for edging.
f. Care shall be taken to avoid damage by mowers to tree trunks, irrigation heads and any other utilities, facilities or structures within or adjacent to turf areas. Any damage caused by the Contractor's negligence shall be repaired at the Contractor’s expense. Prior to mowing, the contractor shall insure that the mower is clean so that no roots, stolons, seeds or crowns of foreign grasses are introduced.
g. Weed control shall be practiced in all turf areas. Level of weed control shall be at least adequate to eliminate all visible broadleaf weeds and crabgrass. Any weeds which are removed by hand shall be removed in a manner which leaves the ground surface level and saves the existing turf in place. Such weeds shall be disposed of properly. h. All turf areas shall be fertilized as necessary to keep turf in a healthy, green condition and showing no lack of resiliency. At a minimum, turf shall be fertilized two times per year. Prior to lawn fertilization with granular-type, slow release fertilizers, the Contractor shall ensure that the root zone of the turf grass is damp and that the grass itself is free of surface moisture. Lawns shall be watered immediately after fertilization to prevent burning

the grass. Fertilizer type, timing and application rate shall be agreed upon by the City prior to application.
i. All turf areas shall be irrigated as necessary to maintain turf in a green, healthy, uniform growth pattern. Irrigation sprinkler heads shall be kept in adjustment for uniform irrigation.

At no time shall dry spots become evident. The irrigation controller shall be set so that with each water application an adequate amount of water is supplied to the root zone of the grass to ensure that soil moisture does not go down to the wilting point of the turf grass. Irrigation controller settings shall reviewed and agreed upon with the City Water Conservation Specialist and other appropriate staff. Temporary modification requires notification within 24 hours.
j. All litter and debris in turf areas shall be picked up and disposed of properly. Litter and debris shall not be allowed to accumulate but shall be picked up and disposed of a minimum of twice per week. The Contractor shall accomplish such litter and debris pickup prior to mowing to avoid shredding and dispersal of these materials.

7. EDGING
a. Edging shall be done a minimum of once every 2 weeks during the growing season (March through November). During the months of December through February, edging shall be once a month. Any alteration of the approved edging schedule shall be submitted in writing to the Contract Administrator or his/her designee. b. All turf grass adjacent to sidewalks, curbs, mowing strips, shrub beds, and where no improved surface exists, shall be edged in a neat uniform line. c. Trimming of turf grass shall be performed along walls, and around valve boxes, water meter, boxes, backflow devices, shrubs, or any structures located within the turf grass area on the scheduled mowing day. Edging and trimming shall not be permitted against tree trunks.
d. The City allows herbicide tree rings or a varying diameter mulch ring in compliance with ANSI A300 standards around trees to eliminate string trimming. e. A four (4) inch barren strip shall be provided, and maintained, between turf grass areas and adjacent ground cover. Edging of turf grass and ground cover shall provide uniform delineation adjacent to this barren strip.
f. All clippings and trimmings shall be removed from the work site the same day work is performed and prior to a Contractor vacating the work site. Clippings and trimmings shall not be blown on the street or adjacent property.
g. After mowing and edging is completed, all adjacent walkways and gutters shall be swept clean as needed or blown with mechanical blower. Mechanical blower shall be used only between the hours 7:00 a.m. and 6:00 p.m.

8. FERTILIZER
The Contractor will be responsible for performing all fertilizations of turf and landscape and shall be included in the base proposal. The fertilization schedule shall be coordinated with the City during the first month of the contract period. a. The turf grass (excluding no-mow types) shall receive fertilizer applications two times per year. Approximate dates of these are April 1 and October 1. Turf is to be maintained in good condition with horticultural acceptable growth and color, and additional fertilization may be required as extra work. Variations to these dates may be required under individual circumstances. All fertilizer shall be approved by the City prior to application. b. Fertilization shall be performed with an approved fertilizer, consisting of an appropriate amount of Nitrogen, Phosphorus and Potassium for each sire with a ratio, application rate applied evenly per each 1,000 square feet of area. Preferred product of or similar to Clarus Pro Screamin’ Green Fertilizer. Other formulations will be considered based on soils reports.
c. All shrub, groundcover and no-mow turf areas shall receive a fertilizer application one time per year. Approximate date of this application is March 1. Intent is to maintain plants in good condition with horticultural acceptable growth and color. Variations to this date may be required under individual circumstances. All fertilizer shall be a complete fertilizer or similar. All types shall be approved by the City prior to application.

NT 16-2-3 60%. Any change in the fertilizer ratio and/or rate shall be submitted in writing and approved by the Contract Administrator or his/her designee. d. Contractor shall notify the Contract Administrator or his/her designee, in writing, five (5) working days prior to any fertilizer application. This written document shall include the following:
i. Location and exact date the fertilizer application will be performed. ii. Type of fertilizer and method of application to be used. e. Contractor shall immediately irrigate after each fertilizer application, or irrigate based on the label of the product.
f. All fertilizer applications shall be performed with properly calibrated equipment to provide uniform application.
g. Any fertilizer spilled on the ground during the fertilization process, shall be pick up so as not to cause ‘burning of the turf” or “staining of the hardscape.” If burning occurs as a result of spilled fertilizer, the burnt turf will be removed, soil amendment shall be added and the area shall be sodded with the same type of turf grass.

9. TURF GRASS RENOVATION
a. Contractors shall notify the Contract Administrator or his/her designee, in writing five (5) working days prior to any renovation operation. The written document must include the following: 1) location and exact date of the renovation will be performed and 2) type of equipment and materials to be used.
b. Contractor shall remove all renovation generated debris from the work site the day of the renovation operation and prior to vacating the work site c. All turf grass shall be aerated. Aerating shall be performed at a minimum of one time per year with an aerator machine which has one and one-half (1 ½) to one (1) inch in diameter coring tines spaced no more than six (6) inches apart. The machine shall remove cores from the turf a minimum of two (2) inches in length. d. Reseeding of bare spots shall be performed continually throughout the year to reestablish turf to an acceptable quality. Reseeding shall be performed with certified turf grass seed similar to the established turf at a rate of ten (10) pounds per 1,000 square feet.

Seed shall be topped with one – eight (1/8) topper. The topper must be approved by the Contract Administrator or his/her designee and shall not contain steer manure. The Contract Administrator or his/her designee may require the use of sod when deemed necessary. The Contractor shall be entitle to the wholesale cost of the sod only, provided the loss of turf was not due to the negligence of the Contractor.

10. SHRUBS
Shall be maintained in healthy, attractive condition that lends variety and interest to the landscape.
a. Shrubs shall be pruned as necessary to encourage healthy, natural growth patterns for each specific variety. Pruning shall include thinning, shaping, and removing dead or diseased branches. Shrubs which may restrict visibility, such as those adjacent to left hand turn lanes or those within 100 feet of any intersection shall be kept within the height range of 12" - 24" as measured from the street level.
b. All shrubs shall be pruned back to clear all roadways, curbs, gutters and sidewalks.

Shrubs shall not block signs, utilities, utility meters or any other facilities located within the work areas. Shrubs shall not block access to controllers or electric valves and shall be pruned so as to minimize blockage of irrigation head spray patterns. c. Litter and Debris Removal - All areas shall be maintained free of trash and debris.

11. TREES
The Contractor shall prune trees for clearance as part of the base proposal. Pedestrian clearance shall be eight feet (8') and vehicular clearance shall be fifteen feet (15').

Responsibility for structural grid pruning, weight reduction pruning, etc. shall not be

contained in the base proposal and will be considered "extra work”. The City reserves the right to perform this work in any manner that it deems appropriate. a. Contractor shall refer and adhere to the City of Colton approved Urban Forestry Management Plan and/ or ANSI A300 & TCIA standards for tree care and maintenance. b. Trees which are staked shall have supports kept in good repair. Tree stakes and ties that are no longer necessary shall be removed and properly disposed of. Any broken or damaged supports or ties shall be replaced as soon as possible. Staking shall remain in place until trees are fully capable of self support. Stakes and ties shall remain on tree roses at all times.

Trees which have low hanging, diseased, dead or broken branches shall be trimmed by the Contractor. To a maximum height of 15 feet, tree branches which can be pruned from the ground level using a hand or pole pruning equipment shall be trimmed by the Contractor as trees require. Branches overhanging traffic lanes shall be kept side trimmed to face of curb line and to a height of 12 feet. Branches overhanging pedestrian routes shall be kept trimmed to a height of 8 feet above walkway level. Trees within the City parks shall have canopies lifted and maintained to a height of no less than 8 feet. c. All trees shall be pruned by qualified personnel using horticultural sound methods and approved techniques. Trees shall be pruned to develop a structurally sound shape and a healthy, natural appearance. No excessive pruning, topping or stubbing back will be allowed. Sucker growth originating at the trunk or root zone shall be removed. Trees encroaching into backyards of private property from work areas shall be side trimmed to fence line to a height of 12 feet.
d. Trees shall be fertilized on an as needed basis based on the health of the tree and the soil conditions, with a complete fertilizer formulated for use on trees. The fertilizer shall be injected into the soil or spread in the watering basin. e. Trees knocked down or heavily damaged by vehicular accidents or trees and large limbs blown down and blocking traffic lanes shall be immediately reported to the City. The City shall have responsibility for cleanup of such trees and large limbs. Any time personal property of a motorist or pedestrian is damaged due to falling trees or limbs, the Contractor shall notify the City Police Department immediately. Any small branches which fall or are blown from median plantings, causing no damage, shall be removed and disposed of by the Contractor.

12. GROUNDCOVERS
Shall be maintained in healthy, attractive condition that lends variety and interest to the landscape.
a. Groundcovers shall be kept trimmed behind top of curb lines at all times, kept off of pedestrian walkways and out of drainage ditches, kept out of interplanted shrubs and trees, trimmed to keep all signs, poles, guardrails, and utility meters clear, and kept from encroaching in any way into private property or onto private property fences. b. Litter and Debris Removal - All areas shall be maintained free of trash and debris.

c. Trimming All shrubs shall be pruned as needed to meet the intent of the landscape design and have a neat appearance. Ground covers shall be edged as needed to keep plant growth from extending beyond curbs, onto sidewalks, buildings, and turf areas. Ground cover in medians shall not be allowed to extend beyond the curb or sidewalk. Pruning shall occur three (3) times per year or as plant material growth dictates to meet standard.

13. WATERING
a. Water is available from the City's automatic and manual irrigation systems at the sites.

Where no irrigation system exists, irrigation shall not be considered part of this contract.

The City shall pay for all water and electricity except for water usage in excess of that needed to maintain the landscape as specified herein. Contractor shall pay for all excessive water charges due to Contractor’s failure to monitor irrigation system malfunctions or unwarranted increases in the frequency of irrigation.
b. Automatic controllers shall be programmed for watering prior to 6:00 A.M. or after 10:00 P.M. for the watering days of Tuesday, Thursday and Saturday. Automatic controllers' programs shall be adjusted to compensate for changes in the weather and site conditions. Excessive run-off of water shall be avoided. Water shall not be allowed to pond or create a water-logged soil condition. Wasting of water or use of City furnished water for means other than those directly related to maintenance of this project shall be prohibited. c. Precautions shall be taken to prevent water from wetting pedestrians, vehicles and pavement. Any soil washed onto pavement shall be cleaned up and any eroded areas shall be filled in at the Contractor’s expense.

14. IRRIGATION SYSTEM MAINTENANCE
Irrigation systems shall be checked as needed at each site to meet standards and conform to the City's conservation efforts and all applicable ordinances, regulations, and laws. All systems will comply with State and local laws regarding prevention and protection of the public water system. All controllers that are on the central system shall be used to their fullest programming capability.
a. The Contractor shall be responsible for general maintenance of the irrigation system including piping, wiring, spray heads, electric valves, and automatic controller operation.

All irrigation parts and materials which are damaged or broken shall be reported to the City. Contractor shall then submit in writing a written proposal for repair and/or replacement. A City representative shall then determine if work shall be done by Contractor or a City crew. Contractor is responsible for any damage caused by Contractor. Any repair work performed by the City, which is at fault by the Contractor, shall be charged against the Contractor’s monthly account.
b. The irrigation system shall receive a wet-check inspection for each zone by the Contractor on a monthly basis during the irrigation period. The Contractor shall coordinate with the City to ensure that the irrigation systems are properly set to avoid over-watering,

especially prior to scheduled mowing. It is the Contractor's responsibility to insure that the system is operating correctly and that there is adequate coverage. c. All spray heads shall be kept cleaned and adjusted to maximize coverage and minimize overspray onto the roadway. Adjustments shall include raising or lowering spray heads to avoid obstructions to the flow of water, and shall be done at the Contractor's expense. d. All electric valves shall be kept flushed clean of sediment and debris and shall be maintained in proper working order. Valves shall be kept well adjusted to insure efficient operation of the irrigation system. The Contractor shall also keep the controllers clean and free of insects and dust, and shall make any necessary repairs or replacements. e. No modifications may be made to the existing automatic irrigation system without express approval of the City. Any changes so approved shall be noted by the Contractor on a copy of the Irrigation plan and submitted to the City within five (5) working days of the completion of the work.
f. In the event of a drought condition, the City shall have the authority to modify the watering requirements described in these specifications.

15. WEED CONTROL
a. All areas within the work sites are to be kept free of weeds and volunteer tree growth.

This includes but is not limited to, all bare dirt areas and any weed growth within ground cover and shrub plantings. Pedestrian walkways, medians and other hardscaped areas are to be kept weed-free at all times; this includes the area that extends two feet from face of curb into the street area.
b. Volunteer tree growth shall be removed by the Contractor as part of this contract.

The Contractor shall comply with all rules, regulations, and license requirements of the California Department of Pesticide Regulation, the Department of Health, the Department of Industrial Relations and all other agencies which govern the use of pesticides required in the performance of work on the Contract.
c. The Contractor shall perform spraying on City properties to prevent weed growth.

Spraying shall consist of (1) use of a pre-emergent herbicide to prevent weed growth during the growing season following application, and (2) use of a systematic herbicide to kill regrowth and/or spring/summer weeds. Soil sterilants may not be used unless directed by the City.
d. It shall be the Contractor’s responsibility to apply herbicides as necessary to keep all properties appropriately free of weeds throughout the year. Weeds shall not exceed a maximum two (2) inches in height. It is the Contractor’s responsibility to control summer weeds such as, but not limited to: Russian thistle, puncture vine, morning glory, anise, Kikuyu grass and Bermuda grass. It is also the Contractor’s responsibility to control Perennial and/or woody plants such as but not limited to: blackberry and coyote brush.

e. It shall be the Contractor’s responsibility to determine the most appropriate times of year to apply herbicides, fungicides, and pre-emergent.
f. It shall be the Contractor’s responsibility to independently monitor all contract areas and perform touch-up spraying. Monitoring shall as a minimum include a weekly physical inspection of all spray areas. Touch-up spraying shall be required at any time that weed growth occurs. The Contractor shall mow if weed growth on sprayed lots exceeds 4” in height.
g. The Contractor shall use the necessary equipment in order to accomplish the work in a satisfactory manner. The Contractor shall arrange operations so that the herbicides will not be distributed beyond the limit of property sprayed. The Contractor shall apply the Herbicides using nozzles and pressure necessary for a proper application. h. The Contractor shall supply water for the chemical mix. i. The materials used by the Contractor must be of such composition and of sufficient strength to kill weeds, but may not sterilize the soil for a period in excess of one year following application. The chemicals used shall not be toxic or harmful in any manner to animals or human beings when used in prescribed manner. The materials used shall not harm desirable vegetation such as trees or turf. The materials used shall not be flammable or leave an oily residue that will discolor or leave a slippery film on sidewalks and curbs.

The City may at any time during the spraying operation take samples to check materials being used. Upon request, the Contractor shall provide the City with information regarding chemicals applied to specified locations. In addition, the Contractor shall upon request provide the City with specimen labels of chemicals applied. In the event the treatment is not effective, the contractor will be required to remove all growth from the area within the limits of the spray application.
j. The Contractor shall supply copies of chemical application sheets to the City.

16. WEED MOWING
a. All weed mowing shall be performed as directed by the City, on City property. b. Weeds will be mowed with a flail mower to a maximum height of 2”. c. It is the intention of this specification to provide for mulching as would be furnished by a Flail Mower so that no grass or stubble shall exceed 2” in height. Weeds shall be removed from against fences, trees, and other obstructions. If the City determines that mowing practices or the condition of the weeds does not provide adequate mulching, the Contractor is to remove the mulched weeds.
d. The Contractor shall sweep sidewalks and mechanical blow roadways of plant material after cutting to maintain a clean, neat condition.

17. MATERIAL
a. The Contractor shall supply all new and replacement material for all new construction or replacements necessary as per City Standard Construction Drawings if the City identified any such work as part of the initial RFP process. All replacements, whether due to disease, pest infestation or Contractor negligence shall be Contractor responsibility and considered part of the proposal item without separate payment made therefore. b. Fertilizers shall conform to the California Food and Agricultural Code. Commercial fertilizers shall be complete fertilizers furnishing the required percentages of nitrogen, phosphoric acid, potash, gypsum and other necessary micronutrients and soil amendments as needed to keep turf, trees, and shrubs in a healthy and vigorous growing condition; fertilizer shall be provided at the expense of the contractor. c. Any tree stakes, tree ties, and/or guy wires needing replacement shall be replaced with new materials as per the ANSI A300 and TCIA standards at the expense of the Contractor.

18. PEST MANAGEMENT
a. All landscaped areas shall be maintained free of disease and harmful insects without compensation beyond the base proposal.
b. The City of Colton seeks to control pests without harming non-target organisms, or negatively affecting air and water quality and public health. The Contractor shall give preference to reasonably available non-pesticide alternatives when conducting pest management activities on City property and public right-of-ways. Chemical controls should only be applied when monitoring indicates that preventative and non-chemical methods are not keeping pests below acceptable levels. When pesticides are required, the least toxic and the least persistent pesticide that will provide adequate pest control is applied. Pesticides should not be applied on a prescheduled basis. c. The Contractor may employ Integrated Pest Management (IPM) practices when controlling pests. IPM uses cultural, mechanical, physical, and biological control methods before using pesticides.
d. Contractor must provide the Contract Administrator or his/her designee a list of pesticides prior to application of the pesticide. Contract Administrator or his/her designee must approve the pesticide application.
e. Gopher control shall be part on the contract and shall include the following locations:

Crystal Ridge entrance parkway and medians, and Davis Park at Laurel Ave./Theresa St.

19. LITTER AND LEAVES
a. Litter, trash, leaves, clippings, and other debris shall be removed from the work sites two (2) times per week or unless otherwise specified, more often to maintain a neat and clean appearance. Green Waste must be properly recycled at an authorized transfer station or composting facility. Litter that is recyclable must be recycled. All excess material shall

become the property of the Contractor to be legally disposed of as Contractor sees fit. The City of Colton will not reimburse the contractor for any fees incurred.

20. PUBLIC SAFETY
a. The Contractor shall conduct maintenance operations so as to offer the least possible obstruction to the public and to abutting property owners. b. No material or equipment shall be stored on City property. Any materials or equipment brought to the site for use during any one day shall be placed where it will not interfere with the free and safe passage of traffic and pedestrians. Such materials and equipment shall be removed at the end of each day or when maintenance operations are suspended for any reason.
c. If a hazardous conditions are observed and the City notifies the Contractor either directly or by telephone, the Contractor shall correct the condition immediately. If the Contractor fails to correct the hazardous condition immediately, the City reserves the right to install or have installed the necessary lights, barricades, etc. The cost involved shall be deducted from any money due or to become due the Contractor.
d. Full compliance with this section shall be considered as included in the contract price paid and no separate payment will be made therefore.

21. TRAFFIC CONTROL
a. The Contractor shall adhere to all Cal-OSHA and Department of Transportation standards and requirements and take all necessary safety precautions to insure that maintenance work does not endanger the health and safety of the public or cause hazards to the safety of landscape maintenance employees. Construction signs, lights, barricades, etc. shall conform to the latest revision of the Manual of Warning Signs, Lights and Devices for Use in Performance of Work upon Highways, by the California Department of Transportation.
b. Traffic lanes shall be kept open at all times except when maintenance work may require temporary closing of the lane immediately adjacent to the work area. At no time shall there be less than one traffic lane open in each direction. The Contractor shall minimize closing of traffic lanes by parking maintenance vehicles for loading and unloading of materials and landscape maintenance equipment in the left hand turn lanes(s) at the beginning of the median taper.
c. Appropriate safety devices such as traffic cones, warning signs, early warning safety directional boards and/or barricades shall still be used as required. Whenever the Contractor's operations create a condition hazardous to traffic or to the public, the Contractor shall, without cost to the City, furnish, erect and maintain such barricades, lights, signs, and other devices and take such other precautions as are necessary to prevent damage or accidents or injury to the public and the Contractor’s employees.

d. The Contractor shall also furnish such flagmen as are necessary to give adequate warning to traffic or to the public of any dangerous conditions to the public. All flagging costs shall be born solely by the Contractor.
e. It is the Contractor’s responsibility to provide for the safety of traffic and the public.

This includes responsibility to inspect, and identify conditions that render any portions of the jobsite unsafe. The City shall be notified immediately of any unsafe conditions that requires major correction.
f. The Contractor shall be responsible for making minor corrections, including, but not limited to; filling holes in turf areas and paving, using barricades or traffic cones to alert the public to the existence of hazards, and replacing valve box covers. g. Pedestrian travel shall be maintained at all times along both sides of all streets or streets where work as part of this contract is being performed. All temporary pedestrian walkways shall be at least four (4) feet wide and fully accessible to handicapped pedestrians. In all cases, pedestrian walkways shall be separated from vehicular traffic by a clear area of at least six (6) feet.

22. USE OF LOCAL PRODUCTS AND SUPPLIES
a. The Contractor shall use local products and suppliers to the extent possible to minimize fuel consumption and emissions.

23. EQUIPMENT REFUELING AND REPAIR
a. The Contractor shall refuel and repair equipment in a safe manner to protect against accidental spills. Limit refueling to specific and limited areas on a site. Measures shall be taken to prevent, control, and clean-up spills. Clean-ups shall be immediate, automatic and routine and performed by a trained staff member or a licensed cleaning company. Contact the local emergency response team agencies to report all minor or major spills. Contractor shall be aware of and abide by Spare-the Air Day fueling advisories.

AREAS TO BE MAINTAINED

REFER TO LLMD MAPS FOR EXACT EXTENT OF AREAS
(Revised versions will be made available if errors exist) LLMD 1:

Zone 2 Cooley Ranch lies generally east of the Santa Ana River and northwest of Barton Road. The areas of improvement within Zone 2 include:
• Washington Street medians and northerly and northwesterly parkways from approximately 150 feet southwest of Santo Antonio Drive to Mt. Vernon Avenue, excluding the parkway along Camping World frontage.

• Mt. Vernon Avenue medians and easterly parkways: from approximately 350 feet north of Washington Street to north of the county flood channel; and from approximately 300 feet north of Cooley Drive to the Santa Ana River. • Cooley Drive medians and northerly and westerly parkways: from Mt. Vernon Avenue to approximately 800 feet north of Via Venita; and from approximately 800 feet north of Via Venita on both sides of flood channel east to end of landscaping. • Cooley Drive medians and southerly and westerly parkways: from Cooley Lane to State Highway 15 East.
• Cooley Drive westerly parkway from Cooley Lane south to the flood channel. • Cooley Drive median from Barton Road to flood channel and south of Cooley Lane. • Cooley Lane, both the northerly and southerly parkways from Cisco Street to Cooley Drive and the southerly parkways from Cameron Street to Hunts Lane. • Beech Lane median from Cooley Lane to Cherrywood Lane. • Elm Drive median from Cherrywood Drive to Cottonwood Drive. • Aspen Lane median from Torrey Pines Drive to Oak Glen Lane. • Ashwood Lane median from Oak Glen Lane to Cooley Drive. • Clear Creek Lane southerly parkway from Forest Drive to Oak Glen Lane. • Barton Road southerly parkways from Cooley Drive to Hunts Lane. • Hunts Lane westerly parkways from Cooley Lane to Stewart Street. • Colunga Street parkway adjacent to lot 54, Tract 14404-1. • Cameron Street parkways adjacent to Lots 56 and 60, Tract 14404-1. • The Rich Dauer Park located south of Cottonwood Drive, north of Sugar Pine Lane, and west of Torrey Pines Drive.
• The Park Site east of Cooley Drive and south of Duron Street. • The entry monument on Barton Road and east of Mojave Drive. • “M” Street parkways (north side from Mount Vernon Avenue to 970 feet (Recycling center).
• Clear Creek southerly parkways from Forest Drive to Barton Road.

Zone 3 La Loma Hills includes the parcels southeast of the Santa Ana River and west of State Highway No. 215 and Tract 16912 located along Rosedale Avenue. Improvements within Zone 3 include:
• La Cadena Drive parkways and Medians from Interstate 215 to Valley Blvd., not including medians and parkways between Palm Ave. and Litton Ave. (Grand Terrace city limit).
• Existing and future improvements along South La Cadena Drive between Tropica Rd. and Maryknoll Drive.

• Existing and future improvements along Rosedale Avenue between La Loma Avenue and Shirley Court.
• Maintenance of landscaping and irrigation system for parkways and medians extending along the 812-foot right-of-way along Rosedale Avenue.

Zone 4 Old Colton is the area generally north of Valley Boulevard and east of Meridian Avenue. Improvements within Zone 4 include:
• Grand Avenue westerly parkway and landscaping easement from Citrus Street to Johnston Street.
• Citrus Avenue northerly parkways and landscaping easement Grand Avenue to approximately 350 feet west of Teresa Avenue.
• Citrus Avenue northerly parkway from Macy Avenue to Grand Avenue. • The southerly parkways and landscaping easement on Citrus Avenue from Macy Avenue to approximately 350 feet west of Teresa Avenue. • Common Area beginning at the terminus of Rudy Oliveras Court and extending north easterly parallel to Award Drive to the boundary between the City of Colton and the County of San Bernardino.
• Fairway Drive northerly parkway from Sperry Drive easterly to the Lytle Cajon Flood Control Channel.
• Fairway Drive southerly parkway from approximately 625 feet west of Crossroads Aqueduct to approximately 195 feet east of Crossroads Drive and approximately 890 linear feet of frontage along I-10 freeway.
• Fairway Drive northerly parkway from approximately 250 feet west of Award Drive to approximately 230 feet east of Award Drive and the open space area approximately six (6) acres west of and associated with tract 15480. This area also includes the Scenic Drive Southerly parkway that extends from midway between North Iowa Avenue and Kansas Avenue to the boundary between the City of Colton and the County of San Bernardino.
• The westerly third of Davis Park along Theresa Avenue between Kimberly Avenue and Laurel Street.

Zone 5 Reche Canyon includes parcels south of Barton Road on either side of the Reche Channel. Improvements within Zone 5 include:
• The southwesterly slopes on Prado Lane, along Hidden Valley Lane and the tract frontage (Lot A, Tract 12197).
• Prado Park southwest of the intersection of Prado Lane and Hidden Valley Lane. • Prado Lane entry area including north side slopes (Lot C of Tract 12197) and the median west of Prado Lane/Hidden Valley intersection.
• Reche Canyon Road southwesterly parkways from Pepper Tree Lane to approximately 200 feet southeast of Gunnison Way, and the entry monuments located within the parkway at Topanga Way and Gunnison Way.

Zone 8 West Valley lies generally north of Interstate 10 Freeway and west of Pepper Avenue. Improvements within Zone 8 include:
• Sandlewood Road median between Sycamore Avenue and Cherry Tree Road. • Sycamore Avenue easterly parkways and landscaping easement from approximately 250 feet south of Sandlewood Road to approximately 350 feet north of Sandlewood Road.
• Indigo Avenue median between San Bernardino Avenue and Sago Palm Road. • San Bernardino Avenue northerly parkways from approximately 450 feet west of Indigo Avenue to approximately 120 feet east of Agua Caliente Lane. • Eucalyptus Avenue easterly parkways and adjacent landscaping easements: from San Bernardino Avenue to approximately 100 feet north of De Carmen Drive; and from approximately 100 feet south of West Admiralty Street to approximately 500 feet north of West Admiralty Street.
• Eucalyptus Avenue westerly parkways and adjacent landscaping easements: from approximately 100 feet south of West Admiralty Street to approximately 100 feet north of Westwind Street; and from approximately 100 feet south of Date Tree Road to approximately 100 feet south of West Admiralty Street. • Pepper Avenue westerly parkway from Station Drive to approximately 600 feet north and Station Drive.
• Pepper Avenue medians from West San Bernardino Avenue to Valley Boulevard. • Pepper Avenue parkways from Randall Avenue to Station Drive. • Station Drive entrance, medians, and northerly parkway from Iron Horse Drive to Pepper Avenue.
• Meridian Avenue westerly parkways and landscaping easements adjacent to Tracts 14158 and 14159.
• Various interior parkways and easements within Tracts 14158 and 14159. • Valley Boulevard medians from Sycamore Avenue to Wildrose Avenue. • Former George E Brown Jr. Park – contractor will at minimum once a year reduce height of plant material to less than 6 inches from the ground to minimize fuel for fire hazard. Contractor must also keep the flow channel along the east side of the property clear of plant material to ensure proper flow of water.

LLMD 2:

Zone One
• Parkway perimeter landscaping (Streetscape) along Meridian Avenue, Randall Avenue, Pepper Avenue San Bernardino Avenue and Olive Street; • Landscaping along John Juarez Way;

• Side yard landscaping including Altissimo Lane, Campana Court, Solista Circle, Orquesta Court, Poema Dr, Cantara Street, Julian Court, Concepcion, Serenata Street, John Juarez Way, Robert Crites Lane, and Del Giorgio Drive; • Weed abatement and clean-up of the Southern California Edison easement that bisects the development from Pepper Avenue to John Juarez Way; • Weed abatement and cleanup of 4.7 acre City owned parcel (Meridian Basin) located along Meridian Avenue, north of San Bernardino Avenue.

Zone Two
• Maintenance of landscaping and irrigation system for westerly and easterly parkways of Reche Canyon Road;
• Maintenance of landscaping and irrigation system on Crystal Ridge Lane entrance, parkways and medians within the 68-foot right-of-way extending from Reche Canyon Road to Tiffany Ln;
• Weed abatement, land maintenance of landscaping and irrigation system on the following lots of Tract 16289:

B - all
C - slope along Crystal Ridge Ln from Reche Canyon Rd to bottom of slope for 2299 Tiffany Ln; grass area south of 2299 Tiffany Ln
E – all

CITY OF COLTON
LLMD Blow-ups & Location Maps

LOCATION MAPS

CITY OF COLTON LANDSCAPE AND LIGHTING MAINTENANCE

DISTRICT I AND II LANDSCAPING SERVICES AND VARIOUS SITES

`

19 (BB&K: 2-12)
23152.06040\1329338.6
EXHIBIT “B”

SCHEDULE OF SERVICES

THE SCHEDULE FOR LLMD MAINTENANCE SERVICES IS BASED ON THE FREQUENCY OF MAINTENNCE DUTIES OUTLINED IN THE SCOPE OF WORK.

THE CITY AND VENDOR WILL DEVELOP AN OFFICIAL SCHEDULE AFTER THE VENDOR HAS CONDUCTED AN INITIAL ASSESSMENT OF EACH LLMD.

20 (BB&K: 2-12)
23152.06040\1329338.6
EXHIBIT “C”

COMPENSATION

SEE ATTACHED COMPENSATION PROPOSAL FORMS

NO PRICE INCREASES WILL BE PERMITTED DURING THE FIRST PERIOD OF THE CONTRACT. ALL PRICE DECREASES WILL AUTOMATICALLY BE EXTENDED TO THE CITY. FOR EACH RENEWABLE EXTENSION, THE PRICE

INCREASE OR DECREASE WILL REFLECT THE CONSUMER PRICE INDEX (CPI)

OF THE RIVERSIDE-SAN BERNARDINO-ONTARIO AREA AS SPECIFIED PER STATE OF CALIFORNIA DEPARTMENT OF LABOR. NO RETROACTIVE PRICE ADJUSTMENTS WILL BE CONSIDERED.

PERFORMANCE BOND IS REQUIRED FOR THIS PROJECT

PROPOSAL SCHEDULE
15 PROPOSAL FORM
NAME OF PROPOSER:

The undersigned, hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any, for the following Project:

CITY OF COLTON LANDSCAPE MAINTENANCE SERVICES FOR LLMD DISTRICT

I AND II
We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project for the following TOTAL PROPOSAL PRICE:

LLMD I
BASE

PROPOSAL

BASE PROPOSAL PRICE
(IN WRITTEN FORM)

PROPOSAL PRICE
(IN NUMBERS)
TOTAL

PROPOSAL
PRICE
In case of discrepancy between the written price and the numerical price, the written price shall prevail.

LLMD II
BASE

PROPOSAL

BASE PROPOSAL PRICE
(IN WRITTEN FORM)

PROPOSAL PRICE
(IN NUMBERS)
TOTAL

PROPOSAL
PRICE
In case of discrepancy between the written price and the numerical price, the written price shall prevail.

EMTS, Inc. dba Elite Maintenance & Tree Service
$116,892.00
$95,568.00
One Hundred Sixteen, Eight Hundred
Ninety-Two and zero cents
Ninety-Five Thousand, Five Hundred
Sixty-Eight and zero cents

PROPOSAL SCHEDULE
16 PROPOSAL FORM
NAME OF PROPOSER:

The undersigned, hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any, for the following Project:

CITY OF COLTON LANDSCAPE MAINTENANCE SERVICES FOR LLMD

DISTRICT I AND II
Each Proposal will be evaluated by the following criteria:

Proposals received will first be reviewed for completeness and inclusion of the information specified in the submittal requirements. The absence of required information may result in exclusion from further consideration.

Contract will be awarded to the companny who meets all the City’s requirements, offers the most advantageous combination of low price and high ranking for the various components contained herein and whose proposal best serves the interest of the City as determined by the City Council.

This contract will be valid for one (1) fiscal year from the date of July 1, 2026. At the end of the year, the City shall have the option to extend the contract for an additional two (2) one year periods. The extensions will be based upon the City of Colton’s satisfaction with the contractor’s work and services.

At any time during the original contract time period or the two (2) one year extensions, if the City of Colton’s deems that the contractor is failing to fulfill their contractual obligation, the City will have the right to terminate the contract.

No price increases will be permitted during the first period of the Contract. All price decreases will automatically be extended to the City. For each renewable extension, the price increase or decrease will reflect the consumer price index (CPI) of the Riverside-San Bernardino-Ontario area as specified per State of California Department of Labor. No retroactive price adjustments will be considered. The City may enforce, adjust, negotiate, or cancel escalating price Contracts or take any other action it deems appropriate, as it sees fit. The net dollar amount of profit will remain firm during the period of the Contract. Adjustments increasing the Contractor’s profit will not be allowed.

We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project for the following TOTAL PROPOSAL PRICE:

SITE COST PER MONTH TOTAL COST FOR 12 MONTHS
LLMD I _____________________ ___________________________________ LLMD II _____________________ ___________________________________ EMTS, Inc. dba Elite Maintenance & Tree Service
$116,892.00
$95,568.00
$9,741.00
$7,964.00

PROPOSAL SCHEDULE
17 ADD ALTERNATE WORK
The City is also seeking costs for monthly maintenance of various landscape medians located outside the LLMDs areas in various locations in the City.

CITYWIDE LANDSCAPE MEDIANS
BASE

PROPOSAL

BASE PROPOSAL PRICE
(IN WRITTEN FORM)

PROPOSAL PRICE
(IN NUMBERS)
TOTAL

PROPOSAL
PRICE
SITE COST PER MONTH TOTAL COST FOR 12 MONTHS
Medians _____________________ ___________________________________ In case of discrepancy between the unit price and the item cost set forth for a unit basis item, the unit price shall prevail and, shall be utilized as the basis for determining the lowest responsive, responsible proposer. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the “Item Cost” column, then the amount set forth in the “Item Cost” column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price.

Final payment shall be determined by the Engineer from measured quantities of work performed based upon the unit price.

In case of discrepancy between the written price and the numerical price, the written price shall prevail.

The undersigned agrees that this Proposal Form constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Proposals from and after the proposal opening, or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier.

The Contract duration shall commence on the date stated in the Contract, and shall be completed by the Contractor in the time specified in the Contract Documents. In no case shall the Contractor commence construction prior to the date stated in the Contract.

Proposer certifies that it is licensed in accordance with the law providing for the registration of Contractors, License No. _________, Expiration Date _______, class of license _____. If the proposer is a joint venture, each member of the joint venture must include the above information.

C27, C49, B 911565 2/29/2026
$84,816.00
$7,068.00 $84,816.00
Eighty-Four Thousand, Eight Hundred
Sixteen and zero cents

CONTRACT
21 EXHIBIT “D”

FEDERAL REQUIREMENTS
** NO FEDERAL FUNDING FOR THIS PROJECT

CONTRACT
22 EXHIBIT “E”

CONTRACT MODIFICATIONS
** NO EXCEPTIONS BY EMTS, INC.

PERFORMANCE BOND
23 PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, ___________________________ (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

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

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

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and aproposale by, and well and truly keep and perform the covenants, conditions and agreements in 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 part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by City in enforcing such obligation.

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 which 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.

The obligations of Surety hereundershall continue so long as any obligation of Contractor remains.

PERFORMANCE BOND
24 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:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a proposal or Proposals 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 proposer, arrange for a Contract between such proposer, 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 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 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 California 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 previously 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 proposal 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.
[Remainder of Page Left Intentionally Blank.]

PERFORMANCE BOND
25 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20_____.
_________________________________________

CONTRACTOR/PRINCIPAL
_________________________________________
Name
By_______________________________________
SURETY:

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

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

PERFORMANCE BOND
26 STATE OF CALIFORNIA )
) ss.

CITY OF ___________ )
On this ________ day of ___________________, in the year 20_____, before me, ___________________________, a Notary Public in and for said state, personally appeared _________________________________, known to me to be the person whose name is subscribed to the within instrument as the Attorney-In-Fact of the (Surety) acknowledged to me that he subscribed the name of the ___________________________ (Surety) thereto and his own name as Attorney-In-Fact.

Notary Public in and for said State
(SEAL)
Commission expires: _______________
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

PAYMENT (LABOR AND MATERIALS) BOND
27 PAYMENT BOND (LABOR AND MATERIALS)
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Colton (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 2026, has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
____________________________________________________________________________ (the “Project”); 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 __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, 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 3181 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 the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 3181 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

PAYMENT (LABOR AND MATERIALS) BOND
28 any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission 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 3110 or 3112 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.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed unoriginal thereof, have been duly executed by the Principal and Surety above named, on the _____ day of ______________________ 20______, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed b its undersigned representative pursuant to authority of its governing body. (Corporate Seal of Principal,
if corporation) Principal (Property Name of Contractor) By
(Signature of Contractor)
(Seal of Surety)
Surety
By
Attorney in Fact
(Attached Attorney-In-Fact
Certificate and Required
Acknowledgements)
*Note: Appropriate Notarial Acknowledgments of Execution by Contractor and +surety and a power of Attorney MUST BE ATTACHED.

Item: 7.

Staff Report
Meeting Date: June 16, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Tom Miller, Interim Director
Item Name: Contract Award - Reinhausen Manufacturing USA, Inc. - Award Contract to Reinhausen Manufacturing USA, Inc. for associated electrical work on Hub Substation Transformer Number 2 in an Amount of $59,688.

Recommended Action:

Approve the services and replacement agreement for three high-side bushings with Reinhausen Manufacturing USA Inc. for Transformer No. 2 at Hub Substation, in the amount of $59,688, as Reinhausen Manufacturing USA Inc. submitted the lowest responsive and responsible quote in accordance with the project specifications and competitive bidding requirements.

Background:

On April 8, 2026, Transformer No. 2 at Hub Substation was inspected and tested due to an external secondary conductor fault. The transformer passed all electrical testing, however inspection identified 2 leaking high-side bushings. A high-side bushing on substation distribution transformer is the insulated component that allows the conductors to safely pass through the grounded transformer tank and connect to the transformer winding inside.

Issues/Analysis:

The leaking high-side bushings identified on Transformer No. 2 at Hub Substation are unacceptable and require immediate corrective action to preserve the integrity and reliability of the equipment. Staff requested proposals for the replacement of the bushings and related services for Transformer No. 2 and responsive quotes were received from the following three firms:

Reinhausen Manufacturing Inc.

Quote Price: $59,668
Address: 7645 E. Ray Rd, Suite 114, Mesa, AZ 85212
Pennsylvania Transformer Technology

Quote Price: $114,874
Address: 30 Curry Ave, Canonsburg, PA 15317
WESCO/Hitachi Energy USA Inc.

Quote Price: $136,769.10
Address: 9306 Sorensen Ave, Santa Fe Springs, CA 90670
Staff reviewed the quotations for responsiveness, completeness, and compliance with all submission requirements. Reinhausen Manufacturing Inc. satisfied all criteria and was therefore deemed the lowest responsive and responsible bidder.

Fiscal Impacts:

Sufficient appropriations are available in the FY 2025–26 adopted budget to support this purchase in the Electric Utility, Substation Division, Capital Improvement account 520-8000- 8003-3890-0107-000, in the amount of $59,668.

Alternatives:

1.) Provide alternative direction to staff.

Attachments:

1. Colton Hub 2 XFMR Provide and Install Bushings_26

Reinhausen
Reinhausen Manufacturing Inc.
7645 E Ray Rd, Suite 114
Mesa, Arizona 85212, U.S.A.

Phone +1 480 926 2310
Fax +1 480 926 2528
www.reinhausen.com

RM Services for Transformer Maintenance Proposal
Date: 4/21/2026
Subject: City of Colton Hub #2 XFMR – Provide and Install (3) 69 kV HV Bushings Validity: 30 Days
REINHAUSEN MANUFACTURING (RM) proposes to provide for this project all non-union labor crew and equipment necessary for providing and installing (3) LV bushings on (1) 67kV, 22,400kVA transformer in Colton California. This proposal will include (2) options. One to provide ABB Bushings with a 3-4-week lead time but will require modifications to the bushing draw leads, this option will also have to include a separate trip to remove a bushing and measure the diameter of the draw lead so we can provide the correct size wire as the lead will have to be extended and make sure it is not to large to pass through the bushing opening. The second option is to provide direct replacement Pcore bushings, but the lead time is 52-54 weeks. This proposal includes the services of RM performing all detailed work per scope listed below.

RM General Responsibilities:

1. Provide RM Crew and Equipment.

2. Provide bushings per option selection.

Scope of Work:

1. Mobilize crew and equipment to Colton CA.

2. Perform pre-job brief to identify hazards and proper isolation, switching, and grounding, by others.

3. Stage equipment, i.e.: processor, work trucks, totes, etc.

4. Test bushings prior to installation.

5. Modify draw leads if ABB bushing option is selected.

6. Install bushings

7. After repair, top off unit with nitrogen.

8. Clean-up and walk down project with customer for final onsite acceptance.

9. De-mobilize from site.
**RM takes exception to any testing outside of the listed scope of work above.

Pricing:

Option 1 Investigate draw lead size $ 8,610.00
Option 1 Provide and install ABB Bushings $ 51,058.00
Option 1 Total Price $ 59,668.00
Option 2 Provide and Install Pcore Bushings $ 50,483.00 Pricing is based upon the scope or work listed and in conjunction with the listed responsibilities of RM, customer and notes.

Clarifications:

Reinhausen
Reinhausen Manufacturing Inc.
7645 E Ray Rd, Suite 114
Mesa, Arizona 85212, U.S.A.

Phone +1 480 926 2310
Fax +1 480 926 2528
www.reinhausen.com

Estimated time of acquiring bushing is approximately 3-4 weeks for ABB Bushings or 52-54 weeks for the Pcore Bushings.

Estimated time of work is three 10hr days and it is expected to be on normal weekdays. .

This proposal only includes providing and changing out (3) bushings and gaskets.

Pricing is only good for 30 days.

Customer Responsibilities:
• Establish productive relationship with RM for a successful project. • Provide clear and easy access to the transformer.
• Remove any iso-phase, Deluge Fire System or structure that obstructs scope of work prior to the arrival/start-time of the RM Crew.
• De-energize any overhead lines if needed by open switches on both ends, lock/tag-out and provide visible grounds.
• Disconnect Transformer Leads for Post Testing to be performed by others • Perform all lock-out/tag-out work activities
• Provide onsite assistance for full time during project.

Your business is very important to us, and we will always make every effort to earn your continued confidence and goodwill. Please let us know if additional information is required. We look forward to hearing from you soon.

Best Regards,
Scott Spragg
Project Manager
Mobile: (602) 499-3101
Email: [email protected]

Reinhausen Manufacturing Inc.
2549 North 9th Avenue,
Humboldt, TN 38343, USA
Phone +1 731 7847681
Fax +1 731 7847682
www.reinhausen.com
Reinhausen Group
RM_2025_04

REINHAUSEN MANUFACTURING, INC.

STANDARD SALES TERMS AND CONDITIONS
Application: The predominant purpose of the transaction set forth in the Order Confirmation is for a sale of goods from Reinhausen Manufacturing, Inc. (“Seller”) to Buyer and any services are merely incidental. To the extent the Order Confirmation reflects incidental or non-incidental services, the attached Reinhausen Manufacturing, Inc. Standard
Service Terms and Conditions shall apply in addition to Reinhausen Manufacturing, Inc.’s Standard Sales Terms
and Conditions. It is the intent of Reinhausen that these terms and conditions control and supersede any documents or other forms between the parties.

General:
a. This sale is made, and expressly conditioned on,
Buyer’s assent to the terms and conditions
contained herein and no others. Notice of objection
is hereby given to any different or additional terms
and conditions whether major or minor in
character. Buyer’s acceptance of the product or
service shall be conclusive evidence of Buyer’s
assent to the terms and conditions contained
herein.
b. This writing is intended as the final, complete and
exclusive statement of the terms and conditions
on which this sale is made. This writing supersedes
all prior written agreements and correspondence
and any oral agreements or representations
made contemporaneously herewith.
c. The terms and conditions contained herein will
govern all future sales by Seller to Buyer
unless otherwise agreed by Seller in writing.

Further, to the extent that there are any preexisting terms and conditions, including any such terms and conditions provided by Buyer, Seller's
standard terms and conditions shall control and
supersede the same.
d. Quotations, proposals and other related
documents, such as drawings, wiring diagrams,
etc. and weight indications, are not binding upon
Seller unless so specifically stated in writing.

Seller retains exclusive ownership and copyrights
of all documents. Drawings and other documents
relating to quotations and/or proposals are to be
returned without delay on demand if order is not
placed.

Agreement Documents: The Order Confirmation and any
attachments are the sole and exclusive agreement of Seller and Buyer for the products and services in the Order
Confirmation, and no other document, will be part of this agreement. Terms contained in the Buyer’s response to, or acknowledgment or acceptance of, this Order Confirmation, if any, that are additional to, or different from, the terms set forth herein (which terms would constitute a counteroffer by Buyer) are specifically rejected by Seller. Seller’s offer to sell as provided in the Order Confirmation may not be
modified by Buyer’s counteroffers. Notwithstanding the
foregoing, if this Order Confirmation is deemed an
acceptance by Seller of a Buyer o f f e r or counteroffer, then such acceptance is expressly made conditional on Seller’s assent to all of the terms of this Order Confirmation,
including those that are additional to, or different from, the terms of Buyer’s offer or counteroffer. The t e r ms and conditions of this Order Confirmation are subject to change without notice.

Prices: Prices are calculated to correspond with the cost situation at the time of the Order Confirmation. Seller reserves the right to adjust prices accordingly should the cost situation change. Prices quoted are valid for thirty (30) days unless otherwise st ate d in the quotation. Changes in product specifications or deliveries shall be subject to change in prices.

Taxes: Buyer is responsible for and will pay all applicable taxes, charges, fees, levies, or other assessments imposed or collected by any governmental entity (or political
subdivision thereof) worldwide on sales of products or
services, or sales, use, transfer, goods, and services or value added tax or any other duties or fees related to any payment by Buyer to Seller for products and/or services provided to Buyer under or pursuant to the Order
Confirmation.

Terms of Payment and Acceptance:
a. An invoice will be issued when the products set
forth in the Order Confirmation are shipped or
when the services set forth in the Order
Confirmation are scheduled, and terms of
payment are net within thirty days from date of
invoice unless different terms were stated by the
seller in the quotation/order confirmation.
b. If payments are not made in accordance with
these terms, a service charge will, without
prejudice to any rights of Seller, including that to
immediate payment, be added to the account of
Buyer in an amount equal to the lower of 1-1/2 %
per month or fraction thereof or the highest legal
rate on the unpaid balance.
c. If, in the judgment of Seller, the financial
condition of Buyer, at any time during the period of
the contract, does not justify the terms of payment
specified, Seller may require full or partial
payment in advance. Further, Seller, at its sole
discretion, for good and reasonable cause,
reserves its right to adjust credit terms, even after
an order has been accepted.
d. In the event Buyer becomes insolvent or
insolvency or bankruptcy proceedings are
instituted by or against Buyer under state and/or
federal law, Seller may refuse to deliver products
or to render services except for cash, including
payment for all products previously delivered
and services previously performed, may stop
delivery of any products in transit or performance
of any services in progress, and may, if
permitted by applicable state and/or federal law,
cancel this order and recover its proper
cancellation charges from Buyer or Buyer’s
estate.

Reinhausen Manufacturing Inc.
2549 North 9th Avenue,
Humboldt, TN 38343, USA
Phone +1 731 7847681
Fax +1 731 7847682
www.reinhausen.com
Reinhausen Group
RM_2025_04

Terms of Delivery:
a. Unless otherwise agreed in writing by Seller, all
products are sold F.O.B. point of shipment,
and do not include installation. Regardless of
the manner of shipment, title to the goods and
the risk of loss or damage thereto shall pass to
Buyer upon delivery to the Buyer by Seller at the
Buyer’s location or upon tender to Buyer at
Seller’s location.
b. Except in the case of F.O.B. destination
shipments, Seller shall have no liability for
concealed or other shipment damage. When
shipment has been made on an F.O.B.
destination basis, Buyer must unpack
immediately and, if damage is discovered, must:
o Not move the product from the point of
examination retain shipping container
and packing material,
o Notify the carrier of any apparent
damage in writing on the carrier’s
delivery receipt and request the
carrier to inspect,
o Notify the Seller’s location for which
the shipment originated within 72
hours of delivery; and
o Send Seller a copy of the carrier’s
inspection report.
c. The period for delivery shall be calculated from
the date on which Seller has signed a written
agreement accepting Buyer’s order. The delivery
period can only be maintained if all necessary
documents, specifications, authorizations, etc. to
be provided by Buyer have been received in due
time, and all commitments as well as terms of
payment agreed upon have been fulfilled. Should
these prerequisites not be complied in due time,
the delivery period will be extended appropriately.
d. In the event of mobilization, war or
insurrection or of strike or lock-out of the relevant
departments of Seller or sub suppliers, or of a
rejection of an important component or of other
circumstances beyond Seller’s control, thus
preventing Seller from timely carrying out its
obligations, the delivery period will be extended
appropriately.
e. Seller will endeavor to keep to the indicated
delivery periods to the best of its ability. Seller,
however, shall have no liability for damages due
to delay, and Buyer shall have no right to cancel
its order, unless Seller and Buyer have executed
a separate written agreement in this respect.
f. Partial deliveries are permissible.

Risk of Loss:
a. Regardless of the manner of shipment, all risk of
loss or damage will pass to Buyer upon the
earlier of (1) tender to the carrier at the factory or
warehouse of Seller or (2) if shipment is delayed
at Buyer’s request, at the time the product is
ready for shipment. If requested by Buyer in
writing, Seller will insure the product against
shipment damage at Buyer’s expense.
b. Shipment shall not be delayed at Buyer’s request
except on terms that will indemnify Seller against
all loss and additional expense including, but not
limited to, demurrage, handling and storage
charges. If requested by Buyer in writing, Seller
will insure the product for the period of such
delay at Buyer’s expense.

Limited Warranty:
a. Except as otherwise agreed to in writing by Seller,
Seller warrants that the products manufactured by
it and services performed by it will be free of
defects in workmanship and material for the period
of (2) year from the date of shipment or
performance. This limited warranty does not cover,
and Seller makes no warranty regarding, the
following: (1) parts that are not manufactured by
Seller; (2) defects or failures caused by accident
or improper handling or installation by persons
other than Seller; (3) defects or failures caused by
the failure to use or maintain the products
according to Seller’s recommendations; (4)
products manufactured pursuant to plans,
specifications, drawings or designs submitted or
approved by Buyer; and (5) defects or failures
caused by alteration, modification, or repair of
products by persons other than Seller. This
warranty extends to Buyer only and does not
extend to any transferee, assignee or successor
of Buyer.
b. THIS SALE IS MADE WITHOUT ANY

WARRANTY OR REPRESENTATION,

EXPRESS OR IMPLIED, AS TO THE DESIGN,

FITNESS, CAPACITY, QUALITY OR ANY

OTHER MATTER CONCERNING THE

PRODUCTS EXCEPT AS SET FORTH IN THE

PRECEDING PARAGRAPH WITHOUT LIMITING

THE FOREGOING, THIS SALE IS MADE

WITHOUT ANY WARRANTY OF

MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NONINFRINGEMENT, ALL OFWHICH ARE HEREBY EXPRESSLY DISCLAIMED.

Exclusive Remedy; No Consequential Damages:
a. In the event any product or service supplied
hereunder fails to comply with the limited
warranty set forth in the preceding section and
Buyer provides written notice to Seller within
two years from the date of shipment or
performance, Seller will correct such
nonconformity by repair or, at its option, by
replacement of the defective part, parts or
service F.O.B. its factory or repair facility. In no
event shall Seller be responsible for gaining
access to the product, disassembly,
reassembly and transportation of the product
or parts from and to the place of installation. If
Seller is unable to remedy the defect within a
reasonable time, Seller shall, at its election and
in its discretion, either replace the product or
refund the purchase price.
b. THE REMEDIES PROVIDED FOR IN THIS

SECTION SHAL BE THE SOLE AND
EXCLUSIVE REMEDIES FOR SELLER’S

BREACH OF THE LIMITED WARRANTY SET
FORTH HEREIN.

Reinhausen Manufacturing Inc.
2549 North 9th Avenue,
Humboldt, TN 38343, USA
Phone +1 731 7847681
Fax +1 731 7847682
www.reinhausen.com
Reinhausen Group
RM_2025_04

Limitation of Liability:
a. TO THE EXTENT PERMITTED BY

APPLICABLE LAW, UNDER NO

CIRCUMSTANCES SHALL SELLER ITS

AFFILIATES ITS CONTRACTORS AND

SUPPLIERS OF ANY TIER, BE LIABLE IN

CONTRACT, IN TORT (INCLUDING

NEGLIGENCE OR STRICT LIABILITY) OR

OTHERWISE FOR DAMAGE OR LOSS OF

OTHER PROPERTY OR EQUIPMENT, LOSS

OF PROFITS OR REVENUE, LOSS OF USE

OF EQUIPMENT OR POWER SYSTEM,

COST OF CAPITAL, COST OF PURCHASED

OR REPLACEMENT POWER OR

TEMPORARY EQUIPMENT (INCLUDING

ADDITIONAL EXPENSES INCURRED IN

USING EXISTING FACILITIES), CLAIMS OF

CUSTOMERS OF SELLER, OR FOR ANY

SPECIAL, PUNITIVE, INCIDENTAL, OR

CONSEQUENTIAL DAMAGES
WHATSOEVER.
b. THE TOTAL CUMULATIVE LIABILITY OF

SELLER WITH RESPECT TO THIS CONTRACT

OR ANY- THING DONE IN CONNECTION

THEREWITH SUCH AS THE PERFORMANCE

OR BREACH THEREOF, OR FROM THE

MANUFACTURE, SALE, DELIVERY, RESALE,

OR USE OF ANY PRODUCT COVERED BY OR

FURNISHED UNDER THIS CONTRACT,

WHETHER IN CONTRACT, IN TORT
(INCLUDING NEGLIGENCE OR STRICT

LIABILITY) OR OTHERWISE, SHALL NOT

EXCEED THE PRICE OF THE PRODUCT, PART

OR SERVICE ON WHICH SUCH LIABILITY IS
BASED.

Termination: Any order or contract may be terminated by Buyer only by written notice and upon payment of the
following termination charges: 30% of the order value for cancelations between 11-30 working days prior to the
delivery date; 50% of the order value for cancelations
between 8-10 working days prior to the delivery date;
100% of the order value for cancelations 7 working days or less prior to the delivery date.

Force Majeure: Notwithstanding anything contained in
these terms and conditions to the contrary, neither Seller nor Buyer shall be liable for failure of performance
hereunder if occasioned by war, declared or undeclared, acts of terrorism, civil unrest, epidemic, pandemic, riots, strikes, labor disputes, work stoppages, international or malicious acts of organized opposition, governmental actions
including without limitation shelter-in-place orders, orders, restrictions or regulations, interruption of transportation, delays, prohibition of import or export of goods, embargo, closure of public highways, railways, airways or ports, seizure under legal process, acts of God, including without limitation, tornado, hurricane, cyclone, windstorm, tidal wave,
earthquake, flood, fire, power failure, water sprinkler leakage, insect, explosion or any other cause beyond the control of Seller or Buyer. Any suspension of performance by reason of force majeure shall be limited to the period during which the cause of failure exists. The party
claiming Force Majeure shall give prompt written notice to the other of any such event or circumstance, and the notifying party shall cooperate in good faith with the other to minimize and mitigate the impact of any such event or occurrence and do all things commercially reasonable under the
circumstances to achieve such goal. No adjustments to pricing and schedule shall be made to account for a Force Majeure event and its resulting impact on the work, without prior written approval of Seller and Buyer.

Held Orders: Any orders held or delayed or rescheduled at the request of Buyer will be subject to the prices and
conditions of sale in effect at the time of the release of the hold or the reschedule. Any such order held, delayed or
rescheduled - beyond a reasonable period of time will be treated as a Buyer termination. When a product is ready for shipment and shipment cannot be made because of reasons beyond Seller’s control, Seller shall submit an in- voice for such product payable upon receipt thereof and shall, upon written notice to Buyer, store such product. In such event, the following conditions shall apply:
a. Risk of loss of the product shall pass to Buyer
upon moving such product to storage; and
b. All expenses, incurred by Seller in connection with
the storage of the product including demurrage,
the cost of preparation for storage, storage
charges, insurance if placed, and handling
charges for products held more than one month
past the requested delivery date, shall be payable
by Buyer upon submission of invoices by Seller at
a rate of 0.5% per month not to exceed 5% of the
total price.

Cancellation by Seller: Seller shall have the right to cancel the contract at any time by written notice for any breach of the contract by Buyer.

Procedure for Returning Products: Authorization and
shipping instructions for the return of any product must be obtained by Buyer from Seller before returning the
product. The product must be returned with complete
identification in accordance with Seller’s instructions or it will not be accepted. Where Buyer requests authorization to
return a product for reasons other than breach of warranty by Seller, Buyer will be charged for placing the returned goods in salable condition (restocking charge) and for any outgoing and incoming transportation paid by Seller. In no event will Seller be responsible for a product returned without proper authorization and identification and payment of costs related thereto.

Export Packaging: Prices include products having standard domestic packing only. Any request by Buyer for packing for overseas shipment shall result in addition to the contract price.

Minimum Billing: The minimum billing charge shall be $50 plus transportation charges as indicated in the “Terms of Delivery” section above.

Product Notices: Buyer shall provide the user (including its employees) of the product with all Seller’s supplied product notices, warnings, instructions, recommendations and
similar materials.

Reinhausen Manufacturing Inc.
2549 North 9th Avenue,
Humboldt, TN 38343, USA
Phone +1 731 7847681
Fax +1 731 7847682
www.reinhausen.com
Reinhausen Group
RM_2025_04

Additional Conditions Applicable to Nuclear
Applications:
a. In the event that Buyer or third parties use the
product or any part thereof in connection with
any activity or process involving nuclear fission or
fusion or any use or handling of any source,
special nuclear or byproduct material as those
materials are defined in the U.S. Atomic Energy
Act of 1954 as amended, Buyer, at no expense to
Seller, shall have arranged for insurance
coverage, indemnities, waivers of liability, recourse
and subrogation in such amounts and under such
terms and conditions as may be acceptable to
Seller, and fully adequate in the opinion of Seller
to protect Seller (and its subcontractors or
suppliers of any tier) against any and all loss,
costs, damage or expenses and claims and
demands therefore, in contract, in tort or
otherwise, including the cost of investigating,
litigating and/or settling any such claims or
demands, on account of bodily injury, sickness,
disease or death to any person or the loss of, loss
of use of or damage to the property of any person
whether located on or off the site of a nuclear
installation, arising out of or resulting from the
radioactive, toxic, explosive or other hazardous
properties of source, special nuclear or byproduct
materials, as those materials are defined in the
U.S. Atomic Energy Act of 1954 as amended.
b. In the event that Buyer resells, distributes or in any way relinquishes control of the product or services
to a third party, Buyer shall require from such third
party compliance with all requirements under
this Section, and (2) assurance that any
subsequent buyer of toe product or services shall
company with all requirements under this Section.
c. Seller shall not be obliged to deliver the product
until such insurance, indemnities and waivers
have been produced by Buyer and are legally
operative in Seller’s favor, and upon Buyer’s
failure to do so, Seller may rescind the sale
without liability for damages of any nature.

Governing Law: The terms and conditions of this contract shall b e governed by and construed and enforced in
accordance with the laws of the state of Tennessee without giving effect to the principles of conflicts of law.

Assignment: The rights and obligations under this contract shall not be assigned or delegated by Buyer without prior written consent of Seller. Any attempted assignment or
delegation in contravention of this Section shall be void.

Remedies: The warranties and remedies available to Seller under the terms of this contract shall be cumulative in addition to those implied or available at law. No waiver of any breach of this contract shall be construed to constitute a waiver of any other breach or of any provisions hereof.

Consent to Jurisdiction: Buyer hereby irrevocably submits to the jurisdiction of any Tennessee court sitting in Gibson County, Tennessee and the United States District Court for the Western District of Tennessee over any action or proceeding arising out of or relating to this contract or the products and agrees that all claims in respect of such action or proceeding may be heard and determined in any such court. Buyer further agrees that venue for any such action shall lie exclusively with courts sitting in Gibson County, Tennessee and the United States District Court for the Western District of Tennessee, unless Seller agrees to the contrary in writing. Seller agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

Expenses and Attorneys’ Fees: Buyer agrees to pay any
and all costs and expenses (including without limitation, reasonable attorneys’’ fees and litigation expenses) incurred by Seller and arising out of or relating to Buyer’s breach of any covenant or agreement or the incorrectness or inaccuracy of any representation and warranty made by Buyer.

Amendment and Waiver: This contract cannot be
amended, changed or modified, except by a writing signed by both parties. No acceptance of less than full, conforming performance by either party shall be deemed a waiver of that party’s right to full, conforming performance at a subsequent time. Parole or extrinsic evidence and evidence of course of dealing, usage of trade or course of performance shall be inadmissible to contradict the express terms of this contract or to supply any additional terms.

Severability: In the event that any one or more terms
or provisions hereof shall be held void or unenforceable by any court, all remaining terms and provisions hereof shall remain in full force and effect.

Writings: If the terms hereof require that any consent, agreement or other item be provided in “writing,” then such consent, agreement or other item must include a hand- written signature. Emails, voice mails and other forms of records that do not require handwritten signatures shall not qualify as a “writing” for the purpose hereof.

Intellectual Property: Buyer rants Seller all rights and licenses necessary for Seller and its affiliates to use, transfer, pass-through, and sell the products and services and to exercise the rights granted under this contract. Buyer shall not use the name or trademarks of Seller or its affiliates or refer to or identify Seller or its affiliates in any marketing materials (including without limitation testimonials or customer listings) or press releases without the prior written consent of Seller.

Ownership of Products: All work products developed
by Seller and provided to Buyer under this contract are and shall remain the personal property of Seller.

Indemnification: Buyer agrees to defend, hold harmless, and indemnify Seller and its affiliates from any claim
(including without limitation costs, expenses and attorney’s fees) arising from (1) claims that any of Buyer’s specifications infringe on any intellectual property rights, and (2) the failure of Buyer to comply with its warranties and obligations under this contract. Further, Buyer agrees to indemnify, defend and hold Seller harmless from any and all claims, matters, issues or suits ("Losses) arising from Buyer's negligence, gross negligence or willful misconduct involving any of the goods sold by Seller to Buyer pursuant to these terms or any other Order Confirmation
Insurance: Buyer shall obtain and maintain all applicable and appropriate insurance, (including, without limitation, business, workers’ compensation, auto, errors and
omissions, professional and commercial general and liability insurance) in an amount consistent with Buyer’s industry practice.

REINHAUSEN MANUFACTURING, INC.

STANDARD SERVICE TERMS AND CONDITIONS
Reinhausen Manufacturing Inc. Phone +1 731 7847681 Managing Director: Reinhausen Group Page 1 of 1 2549 North 9th Avenue, Fax +1 731 7847682 Bernhard Kurth RM_2020_07 Humboldt, TN 38343, USA www.reinhausen.com
Application: The predominant purpose of the transaction set forth in the Order Confirmation is for Technical Service from Reinhausen Manufacturing, Inc. (“Seller”) to Buyer and any services are merely incidental. To the extent the Order Confirmation reflects incidental or non-incidental services, Reinhausen Manufacturing, Inc.’s Standard Service Terms and Conditions shall apply in addition to the attached
Reinhausen Manufacturing, Inc. Standard Sales Terms and Conditions.

Workplace Safety: Prior to performance of any of the services set forth in the Order Confirmation, Buyer shall conduct a workplace hazard assessment for the site where the services set forth in the Order Confirmation are to be performed. This assessment shall identify all site hazards and inform Seller’s technicians of accident procedures and evacuation plans.

Buyer shall also prepare a written certification labeled “Certification of Hazard Assessment” certifying that the workplace hazard assessment was completed for the services set forth in the order confirmation. In addition to the workplace hazard assessment, Buyer shall ensure that a pre-job meeting and/or pre-job brief is provided to Seller’s technicians to perform the services set forth in the Order Confirmation. Buyer shall document that a pre- job meeting occurred and/or
document that Seller’s technicians received a copy of the prejob brief. Buyer shall also ensure that upstream and downstream isolation switches are open, grounds have been placed on all windings (HV, LV & TV), and that appropriate lock-out/tag-out procedures have been followed. In the event that the services set forth in the Order Confirmation must be performed when equipment is energized, the tap changer
must be locked on a fixed tap. If an unsafe condition arises, Seller’s technicians reserve the right to stop work until the unsafe condition is corrected.

Authority: Seller’s technicians are expressly without authority to bind Seller or REINHAUSEN to any contract, agreement or acknowledgment of liability.

Staffing: Seller reserves the right to assign which of its technicians will carry out the services set forth in the Order Confirmation. The assignment of Seller’s technicians is dependent on the services set forth in the Order Confirmation, the site where the services are to be performed, and the availability of Seller’s technicians. Buyer must make requests for specific service dates at least three weeks before services are to be performed so that attempts can be made to honor the requested service date. Any preliminary work to take place at the Seller’s Humboldt, Tennessee facility will be billed at flat rate equal to the hourly service rate set forth in the Order Confirmation multiplied by the sum of total number of work days and total number of Seller’s technicians used to perform the services set forth in the Order Confirmation.

REINHAUSEN Specialists: If it is necessary that an
REINHAUSEN Specialist performs any of the services set
forth in the Order Confirmation, Buyer shall obtain and provide the REINHAUSEN Specialist with the necessary entry visas and work permits prior to departure of the REINHAUSEN
Specialist. All terms and conditions referring to Seller’s technician shall apply equally to an REINHAUSEN Specialist.

Auxiliary Equipment and Personnel: Buyer shall supply all necessary auxiliary equipment (e.g., lifting devices, oil containers, oil pumps, scaffolding, etc.) and personnel. Buyer is also responsible for obtaining auxiliary personnel to drain tap changer oil, handle tap changer oil, vacuum fill tap changer oil and dispose of waste tap changer oil.
a. Buyer agrees to defend and indemnify seller for any and all liability arising from delays in obtaining necessary auxiliary equipment and/or personnel, but for liability arising out of Seller’s own negligence.
b. Buyer agrees to defend and indemnify seller for any and all liability arising out of Buyer’s procurement,
installation and/or operation of necessary equipment,
but for liability arising out of Seller’s own negligence. c. Buyer agrees to defend and indemnify Seller for any and all liability arising out of auxiliary personnel’s work, but for liability arising out of Seller’s own negligence.

Cancellation: Buyer shall pay a twenty percent cancellation fee services set forth in the Order Confirmation that Buyer cancels within ten days of the mobilization date for such services.

Re-Stocking: Buyer shall pay a twenty percent restocking fee for parts ordered and shipped to Buyer or the site where services are to be performed that Buyer subsequently returns.

Delay: Buyer is responsible for all costs arising from delays in the performance of the services set forth in the Order
Confirmation other than delays attributable to Seller.

Item: 8.

Staff Report
Meeting Date: June 16, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Tom Miller, Interim Director
Item Name: Contract Award - WESCO/Hitachi Energy USA, Inc. - Award Contract to WESCO/Hitachi Energy USA, Inc. for Inspections Services and Repair Work at Century Substation in the Amount of $123,834.26.

Recommended Action:

Approve the inspection and services agreement with WESCO/Hitachi Energy USA Inc. for Transformer No. 1 at Century Substation, in the amount of $123,834.26, and determine that the contract is exempt from formal and informal competitive bidding pursuant to Colton Municipal Code Section 3.08.140(A).

Background:

On April 2, 2026, Transformer No. 1 at Century Substation was tested due to voltage irregularities. The Transformer Turn Ratio (TTR) test indicated issues with the Load Tap Charger (LTC) mechanism. For this test, a 3-phase steady voltage is applied to the high side winding and secondary voltage is measured. The TTR is then calculated based on measured results and compared to the expected nominal TTR per the transformer’s nameplate tap position information. The difference between the measured TTR and the nominal TTR is expressed as a percentage where anything greater than plus or minus 0.5% is flagged as a “fail”. The TTR test revealed “fail” results on 3R, 7R, and 11R tap positions not outputting the desired secondary voltages. This suggests an inspection of the LTC mechanism for any damage that could be the root cause of these test results.

Issues/Analysis:

The test results for Century Substation Transformer No. 1 identified unacceptable operating conditions requiring immediate corrective action to help preserve the integrity, reliability, and safe operation of the equipment. Specifically, the Transformer Turn Ratio testing identified failed results on multiple tap positions, indicating potential issues with the load tap changer mechanism. The load tap changer is a key component of the substation power transformer

because it regulates voltage output and supports reliable transformer operation. Failure of the load tap changer can result in catastrophic equipment damage, extended equipment outages, and widespread service interruptions to the City’s electric utility customers.

Due to the critical nature of Century Substation and the essential role Transformer No. 1 plays in maintaining reliable electric service, delaying the inspection and potential replacement of load tap changer contacts in order to complete a formal competitive bidding process would be impractical and not in the best interests of the City. Accordingly, staff recommends that the City Council determine that this contract meets the requirements of Colton Municipal Code

3.08.140(A) for exemption to formal or informal competitive bidding. Although staff recommends the exemption pursuant to Colton Municipal Code 3.08.140(A), staff obtained three quotations to ensure pricing was reasonable and to protect the City’s interests.

Staff solicited and received responsive quotations from the following firms:

WESCO/Hitachi Energy USA Inc.

Quoted Price: $123,834.26
Address: 9306 Sorensen Ave, Santa Fe Springs, CA 90670
Pennsylvania Transformer Technology, LLC
Quoted Price: $400,000
Address: 30 Curry Ave, Canonsburg, PA 15317
Reinhausen Manufacturing Inc.

Quoted Price: $450,000
Address: 7645 E. Ray Rd, Suite 114, Mesa, AZ 85212
Staff reviewed the quotations for responsiveness, completeness, and compliance with all submission requirements. WESCO/Hitachi Energy USA Inc. satisfied all criteria and was therefore deemed the lowest responsive and responsible bidder.

Fiscal Impacts:

Sufficient appropriations are available in the FY 2025–26 adopted budget to support this purchase in the Electric Utility, Substation Division, Capital Improvement account 520-8000- 8003-3890-0107-000, in the amount of $123,834.26.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. WESCO International, Inc. Quote #805790

562-356-2940
9306 SORENSEN AVE
SANTA FE SPR CA 90670

CITY OF COLTON
160 S. 10TH STREET

ATTN CLOSED ON FRIDAY
COLTON CA 92324
To: Date:

Project Name
Project Number:

Date of Your
Inquiry:

When ordering please refer
to Quotation Number:

Item Quantity Catalog Number and Description Unit Price U/M Total Price Rate of
Cash
Discount
Shipping Time
(Weeks)
TOTAL
Quotation
Wesco may assess storage and transportation fees if you do not take or accept delivery within 90 days of product availability. Wesco may also update this quote or above pricing due to duties, freight, tariffs, supplier pricing, surcharges, or exchange rate fluctuations. BY ACCEPTING THIS QUOTE, YOU AGREE THAT THE TERMS AND Per:
05/12/26
05/12/26
805790
123834.26
Branch:

Quoted To:
7890

JUSTIN CLIFTON

BY ACCEPTING THIS QUOTE, YOU AGREE THAT THE WESCO TERMS AND CONDITIONS OF SALE PUBLISHED AT WWW.WESCO.COM/TERMSOFSALE ARE EXPRESSLY INCORPORATED INTO AND SHALL GOVERN THIS TRANSACTION.

Wesco may assess storage and transportation fees if you do not take or accept delivery within 90 days of product availability. Wesco may also update this quote or above pricing due to changes in duties, freight, tariffs, supplier pricing, surcharges, commodity pricing, or exchange rate fluctuations.

Customer
Delivery
Date
ESTIMATED TAX 9963.68
SUB-TOTAL 113870.58
CONDITIONS OF SALE PUBLISHED AT www.wesco.com/termsofsale ARE EXPRESSLY INCORPORATED INTO AND SHALL GOVERN THIS TRANSACTION. 10 1 HITACHI*9AAF401926*EA*MCGRAW 500C 22576.470 E 22576.47 0.00 08/ 11/26

LTC INSPECTION
20 1 HITACHI*9AAF401926*EA*REPLACE 91294.110 E 91294.11 0.00 08/ 11/26 CMGRAW 500C LTC CONTACTS