Colton City Council
August 18, 2026

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

3.11.2.7 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this section:
(1) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non- binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal,

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15 and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
(2) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Di scovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(A) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

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

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

3.12 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this C ontract pursuant to Section 3.18 .3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.13 Indemnification.

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16 3.13.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims ”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Contract, including without limitation the payment of all expert witness fees, attorneys’ fees , and other related costs and expenses.

Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

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

3.14 Insurance.

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

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

3.14.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office

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

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

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

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

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

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18 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 dir ectors, officials, officers, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.14 .2.2, any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section

3.14.3.1. 3.14.3.2 Automobile Liability. (1) The City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.14 .2.2, any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.14.3.2.

3.14.3.3 Workers’ Compensation and Employer ’s Liability Coverage.

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

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

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

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

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

All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

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19 3.14.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits.

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

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

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

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

All coverages for subcontractors shall be subject to all of the requirements stated herein.

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

3.15 Bond Requirements.

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

3.15.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to

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20 City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

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

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

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

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

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

3.17 Employee/Labor Certifications.

3.17.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contrac t as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

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

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

3.18 General Provisions.

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

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

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22 3.18.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate this Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

Contractor shall be required to provide such document and other information within fifteen (15) days of the request. The City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Work, including, without limitation, any overhead and profit on the portion of t he Work that is terminated and shall not be entitled to damages or compensation of any kind or nature for termination of Work.

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

3.18.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Profess ions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

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

CONTRACTOR:

PELICAN COAST ELECTRIC
2901 W. COAST HWY SUITE 200,
COLTON, CA 92324
ATTN: AUSTIN TORRES, PRESIDENT
CITY:

CITY OF COLTON
650 NORTH LA CADENA DRIVE

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23 COLTON, CA 92324
ATTN: MARCO BAUTISTA, ELECTRIC SYSTEM DESIGNER
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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

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

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

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

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

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

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

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

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24 subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.18.15 Certification of License.

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

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

Box 26000, Sacramento, California 95826.

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

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

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

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

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25 SIGNATURE PAGE FOR CONSTRUCTION CONTRACT

BETWEEN THE CITY OF COLTON

AND PELICAN COAST ELECTRIC, INC
IN WITNESS WHEREOF, the Parties have entered into this Contract as of the 18th day of August, 2026.

CITY OF COLTON PELICAN COAST ELECTRIC, INC

By: ____________________________ By: _________________________ Tom Miller Austin Torres
Electric Utility Director President

Attest:

____ By: _________________________
Isaac T. Suchil Name: ________________________
City Clerk Title: ________________________

_______________________________
Contractor’s License Number/Classification

_______________________________
DIR Registration Number

Approved as to Form:

______________________________
Best Best & Krieger LLP
City Attorney

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Exhibit A-1

EXHIBIT “A”

SERVICES / SCHEDULE
The scope of services required of the Consultant(s) to include, but not limited to the following:

Scope of Services

1. Consultant must be a licensed contractor and provide as-needed services for trenching, structure setting, grade adjustment, and underground-related work. Consultant must have experience and the ability to replace, repair, make structurally safe, CEU underground electric vaults. Consultant must have the ability to clear water, sand, or debris intrusion in vaults. Qualified Electrical Worker qualifications are preferred. Must have the ability to assist in the removal of broken bolts, lids, missing covers, etc.

2. Consultant must furnish all the necessary equipment to perform required services.

3. Consultant to provide copies of all field notes, sketches, as builds, and other related records used to document the required work and submit to Engineering Department.

4. Consultant shall furnish the City with satisfactory proof of carrying the required Certificates for the following policies: Professional Liability Insurance (Errors and Omissions) in the amount of $1,000,000 Workmen’s Compensation Insurance Public Liability and Property Damage Insurance in amount of $1,000,000 and in addition, the insurance shall name the City of Colton, the City Engineer, and their officers, agents and employees as “ additional insured” under the Policies by specific endorsement.

5. Consultant must provide all necessary safety equipment and signage to meet the requirements of Cal/Osha and the State WATCH Manual.

6. Consultant to provide final design in an AutoCad electronic file format to the Engineering Department upon completion of work.

7. Consultant shall be able to perform variety of functions, including but not limiting to right- of-way, private property, construction staking for City Projects.

8. Consultant will be required to shoot elevations based on the civil plans or street improvement plans from the City of Colton to make sure CEU’s underground structure(s) placement is according to standards at the final grade.

9. A QEW-( Qualified Electrical Worker) contractor his highly desired.

No minimum amount of work is guaranteed under these agreements. Compensation will be based on a not-to-exceed limit agreed upon by both Consultant and City before work begins.

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Exhibit B-1

EXHIBIT “B”

QUALIFICATIONS STATEMENT

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Exhibit B-2

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Exhibit B-3

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Exhibit B-4

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Exhibit B-5

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Exhibit B-6

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Exhibit B-7

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Exhibit B-8

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Exhibit B-9

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Exhibit B-10

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Exhibit B-11

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Exhibit B-12

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Exhibit B-13

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Exhibit B-14

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Exhibit B-15

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Exhibit B-16

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Exhibit B-17

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Exhibit B-18

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Exhibit B-19

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Exhibit B-20

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Exhibit C-1

EXHIBIT “C”
CONTRACTORS WORKERS’ COMPENSATION CERTIFICATE

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Exhibit D-1

EXHIBIT “D”

NON-COLLUSION AFFIDAVIT

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Exhibit E-1

EXHIBIT “E”

EXCEPTION FORM

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Exhibit F-1

EXHIBIT “F”
LABOR CODE – SECTION 1861

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Exhibit G-1

EXHIBIT “G”

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION

Item: 9.

Staff Report

Meeting Date: August 18, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Contract Award - Award Contract to TKE Engineering, Inc. for the Engineering and Design Services for the Sewer Manhole Flow Meter Project in the amount of $91,789.00.

Recommended Action:

1. Award contract to TKE Engineering, Inc. in the amount of $91,789.00 for the Sewer Manhole Flow Meter Project;

2. Authorize the City Manager or designee to execute all required documents and make as- needed non-substantive changes to any documents as approved by the City Attorney.

Background:

In 2014, the City of Colton and the City of Grand Terrace entered into a Settlement and Lease Agreement governing the conveyance of wastewater from the City of Grand Terrace through the City of Colton's wastewater collection system. Under the Agreement, wastewater generated within the City of Grand Terrace enters the City of Colton's sewer system through three (3) connection points. Accurate measurement of the wastewater conveyed through these locations is necessary to support the administration of the Agreement, verify wastewater flows, and provide reliable data for system planning, operational analysis, and future cost allocation.

To improve the accuracy and reliability of wastewater flow monitoring, the City proposes to install three (3) permanent sewer flow meters at the existing connection points where wastewater from the City of Grand Terrace enters the City of Colton's collection system. The proposed flow meter installations are located at Barton Road, De Berry Street, and Main Street. The project includes the preparation of Plans, Specifications, and Engineer's Estimate (PS&E) for the installation of area-velocity flow meters, telemetry equipment, solar power systems, and associated electrical and communication infrastructure necessary to continuously monitor wastewater flows. The design also includes electrical connections, conduit routing, equipment enclosures, and all associated appurtenances required for a complete and fully

operational monitoring system.

Issues/Analysis:

On July 24, 2026, the City issued a Request for Proposals (RFP) to its Council-approved list of pre-qualified on-call engineering consultants to obtain engineering design services for the Sewer Manhole Flow Meter Project. The City received one (1) proposal by the proposal due date.

Although only one proposal was received, City staff determined the proposal submitted by TKE Engineering, Inc. was responsive to the requirements of the RFP, demonstrated a clear understanding of the project, and provided the technical expertise and qualifications necessary to successfully complete the work. Staff also determined the proposed fee is fair and reasonable for the scope of services to be provided. Accordingly, staff recommends approval of the Professional Services Agreement with TKE Engineering, Inc. in an amount not to exceed $91,789.00, for engineering design services associated with the Sewer Manhole Flow Meter Project.

Fiscal Impacts:

The total contract amount for engineering design services for the Sewer Manhole Flow Meter Project is $91,789.00. Sufficient appropriations are available in Wastewater Utility Wastewater Treatment Plant Capital Improvement Account No. 522-8200-8204-3890-0000-000.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. Professional Services Contract TKE Engineering Inc

2. Location and Pictures

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CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 18th day of August 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 92324 ("City") and TKE Engineering, Inc. a corporation, with its principal place of business at 2305 Chicago Avenue, Riverside, CA 92507 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

2.2 Project;
City desires to engage Consultant to render such professional Engineering consulting services for the ENGINEERING AND DESIGN OF THE SEWER MANHOLE FLOW METER PROJECT (“Project”) as set forth in this Agreement Consultant understands that the City has entered into a Utility System Management Agreement, dated as of September 1, 2000, with the Colton Utility Authority (“CUA”) for the maintenance, management and operation of its Water Enterprise and Wastewater Enterprise (“CUA Management Agreement”). To the extent that this Agreement is deemed to be a "material contract" under the CUA Management Agreement, City enters into this Agreement on behalf of the CUA and subject to the terms of the CUA Management Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from September 7, 2026 to June 30, 202 7, unless earlier terminated as provided herein Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agr eement if necessary to complete the Services.

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3.2 Responsibilities of Consultant.

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

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall als o not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consult ant 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. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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

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

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3.2.5 City's Representative. The City hereby designates Chad Blais, Public Works and Utilit y Services Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.6 Consultant's Representative. Consultant hereby designates Steven W.

Ledbetter, P.E., QSD, Vice President, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all p ortions of the Services under this Agreement.

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

3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represent s and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

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

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

Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or

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pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

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

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

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

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

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

3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant 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.

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

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

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

3.2.11 Insurance.

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

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

Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:

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(A) Minimum Scope of Insurance . Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability :

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

3.2.11.3 Professional Liability . Consultant shall procure and maintain, and require its sub -consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. Defense costs shall be paid in addition to the limits.

3.2.11.4 Insurance Endorsements . The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and completed operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20

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01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or se lf-insurance shall be called upon to protect it as a named insured. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section

3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be na med as additional insureds pursuant to this Section 3.2.11.4(A).
(B) Automobile Liability . The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, offi cers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.

Notwithstanding the minimum limits set forth in Section 3.2.11.2(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 3.2.11.4(B). (C) Workers’ Compensation and Employer’s Liability Coverage.

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

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

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

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to

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waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

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

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

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

3.2.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a per son 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 requ ire complete, certified copies of all required insurance policies, at any time.

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

3.2.12 Water Quality Management and Compliance.

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

3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, w ithout limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the

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Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.

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

3.2.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, a nd ordinances listed in Section 3.2.14.2 of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Ninety One Thousand Seven Hundred Eighty -Nine ($91,789.00) without written approval of the City of Colton . Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation . Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The

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invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

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

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

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

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

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

3.4 Labor Code Requirements.

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

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of th e project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with

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all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant ’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.

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

3.5 Accounting Records.

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

3.6 General Provisions.

3.6.1 Termination of Agreement.

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

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

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

3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the

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respective parties may provide in writing for this purpose:

Consultant: TKE Engineering, Inc.
2305 Chicago Avenue
Riverside, CA 92507
Attn: Steven W. Ledbetter, P.E., QSD
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 not ice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Con sultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

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

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professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

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

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

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. C onsultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to

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fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

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

3.6.5 Indemnification.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

3.6.20 Federal Provisions. When funding for the Services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit “A -1” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.

3.7 Subcontracting.

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

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SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN

THE CITY OF COLTON AND
TKE ENGINEERING, INC.

CITY OF COLTON

By: _________________________
William R. Smith
City Manager

Attest: _________________________
Isaac T. Suchil
City Clerk

TKE ENGINEERING, INC.

By: _________________________
Signature

_________________________
Name (Print)

_________________________
Title (Print)
By: _________________________
Signature

_________________________
Name (Print)

_________________________
Title (Print)

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23152.06000\30453088.2 Exhibit “B”-1

EXHIBIT "A"

SCOPE OF SERVICES

Section 1 - Work Proposal
Section 1A | Cover Letter
Section 1B | Project Understanding and Approach
Section 1C | Scope of Work
Section 1D | Project Schedule

Section 2 - Cost Proposal

Prepared For:

City of Colton
160 South 10th Street
Colton, CA 92324
Contact: Jesse Sotto, PE
Public Works Utilities Engineer
Phone: (909) 370-5551
e-mail: [email protected]

Prepared by:

TKE Engineering, Inc.
2305 Chicago Avenue
Riverside, CA 92507
Contact: Steven W. Ledbetter, PE, QSD
Vice President
Phone: (951) 680-0440
e-mail: [email protected]

TABLE OF CONTENTS

P a g e |1

Engineering and Design Services for the Sewer Manhole Flow Meter Project City of Colton

SEC TION 1A | C OVER LE TTER
July 24, 2026

Mr. Jesse Sotto, PE
Public Works Utilities Engineer

CITY OF COLTON
160 South 10th Street
Colton, CA 92324

Subject: RFP – Engineering and Design Services for the Sewer Manhole Flow Meter Project

Dear Mr. Sotto,

Thank you for the opportunity to submit TKE Engineering, Inc.'s (TKE) proposal to provide Engineering and Design Services for the Sewer Manhole Flow Meter Project. We appreciate the opportunity to be considered by the City of Colton and are pleased to pres ent our qualifications, project understanding, and approach for successfully delivering this project.

A. Consultant Identification – TKE, a California corporation, is located approximately 15 minutes from the City of Colton (City) at 2305 Chicago Avenue, Riverside, California 92507, and can be reached at (951) 680-0440.

TKE has over 26 years of experience providing engineering design s ervices for municipal infrastructure projects throughout Southern California. As demonstrated in our proposal, TKE has a complete understanding of the City of Colton's objectives for the Sewer Manhole Flow Meter Project. The project includes preparation of Plans, Specifications, and Engineer's Estimate (PS&E) for the installation of three permanent wastewater flow monitoring systems within existing sanitary sewer manholes. The proposed improvements include flow meters, power systems, telemetry equipment, and associated appurtenances to support reliable wastewater flow monitoring throughout the City's collection system. TKE will evaluate alternatives for flow meters and power systems to identify the best options for each location. TKE understands the importance of preparing complete, accurate, and biddable contract documents, coordinating with City staff throughout the design process, and providing responsive engineering support during bidding and construction.

B. Project Team – The key members of the project team have extensive experience providing engineering design services for municipal utility infrastructure projects, including wastewater collection systems, sewer improvements, lift stations, flow monitoring systems, SCADA in tegration, and water distribution facilities. As demonstrated in our proposal, our team has extensive experience preparing Plans, Specifications, and Engineer's Estimates (PS&E), coordinating with public agencies, and providing engineering support through bidding and construction. Steven W. Ledbetter, PE, QSD , will serve as the Project Manager and will be responsible for managing all aspects of the project, serving as the City's primary point of contact, attending meetings with City staff, and ensuring the project is completed in accordance with the approved s chedule, budget, and City expectations.

C. Contact Person – Steven W. Ledbetter, PE, QSD, Vice President, will be the contact person during the proposal evaluation period. Mr. Ledbetter works from TKE’s primary office location located at 2305 Chicago Avenue, Riverside, California 92507 and can be reached by phone at (951) 680 -0440 or by email at [email protected].

D. Subconsultants - TKE has partnered with Linkture Consulting Engineers to perform electrical and telemetry related services identified in the scope of work for this project.

E. Authorization – TKE’s project is signed by a principal of the firm who is authorized to bind TKE to the terms of the proposal.

Thank you for your consideration. If you have any questions, please call me at (951) 680 -0440, fax me at (951) 680-0490 or e-mail me at [email protected].

Sincerely,

Steven W. Ledbetter, PE, QSD | Vice President | TKE ENGINEERING, INC.

P a g e |2

Engineering and Design Services for the Sewer Manhole Flow Meter Project City of Colton

SEC TION 1 | PR OJEC T UNDER STAN DIN G , APPROAC H, AN D

METH ODOLOGY
SEC TION 1B | PR OJEC T UN DER STAN DIN G AN D APPROAC H SECTION 1 B | PROJECT

UNDERSTANDING AND APPROACH

P R O J E C T U N D E R S T A N D I N G
TKE understands that the City of Colton (City) is seeking a qualified engineering consultant to prepare complete
Plans, Specifications, and Engineer's Estimate (PS&E) for the installation of three permanent wastewater flow
monitoring systems within existing sanitary sewer
manholes located at Barton Roa d, De Berry Street, and
Main Street. The purpose of this project is to provide the City with reliable, long-term wastewater flow monitoring data that will support informed decision -making for
operation, maintenance, and future planning of the City's wastewater collection system.

We recognize that although the project involves
improvements at only three locations, successful delivery will require careful coordination, alternative analysis, detailed design, and thoughtful consideration of existing field conditions. The proposed flow monitoring systems
may be installed within existing manholes approximately 15 to 20 feet deep and may include area -velocity flow
meters or a prefabricated Parshall flume manhole,
electrical systems, telemetry equipment, and associated enclosures. Because these improvements are being
constructed within active public right-of-way and existing sewer infrastructure, the design must prioritize safe
access, constructability, equipment reliability, and long- term maintainability while minimizing impacts to City
operations and the surrounding public.

TKE understands the importance of preparing a complete
and well-coordinated set of construction documents that can be efficiently reviewed, bid, and constructed with
minimal revisions. Our team will work closely with City staff throughout the design proces s to confirm project objectives, evaluate existing conditions, incorporate City standards, and address review comments at each design
milestone. We will emphasize quality control throughout the project to ensure that the final deliverables are
accurate, technically sound, and ready for construction.

TKE has extensive experience delivering municipal utility design projects and understands the importance of
maintaining consistent communication, adhering to
milestone deadlines, and providing responsive support
during bidding and construction. We are comm itted to
delivering a practical, cost-effective design that meets the City's operational needs while providing dependable
infrastructure for years to come.

A P P R O A C H
TKE's approach to the Sewer Manhole Flow Meter Project
is centered on delivering a complete, coordinated, and
construction-ready design that supports the City is
objective of implementing a reliable, long -term
wastewater flow monitoring system. Our team
understands that the success of this project depends not only on preparing accurate Plans, Specifications, and
Engineer's Estimate (PS&E), but also on developing
practical design solutions that can be efficiently
constructed, easily maintained, and integrated into the City's existing wastewater collection system.

Our work will begin with close coordination with City staff to confirm project objectives, review available record
information, establish design criteria, and verify the
operational requirements of each monitoring location.

This early collaboration allows our team to identify
variable alternatives and potential design considerations before they affect project schedule or budget and ensures the proposed improvements are consistent with the City's standards and long-term operational goals.

Throughout the design process, TKE will place a strong
emphasis on constructability and system reliability.

Existing sanitary sewer manholes, site access, equipment placement, maintenance accessibility, and electrical and telemetry requirements will all be evaluated to develop practical construction documents that minimize field
conflicts and facilitate efficient installation. Our objective is to provide bid-ready documents that reduce contractor questions, minimize change orders, and support a smooth construction process.

Quality management will be incorporated into every
phase of the project. Internal quality assurance and
quality control reviews will be completed prior to each submittal to verify technical accuracy, coordination
between disciplines, consistency with City standards, and overall completeness of the contract documents. This
review process helps ensure that each design milestone
builds efficiently toward the final PS&E package while
reducing the need for unnecessary revisions.

TKE will maintain proactive communication with City staff throughout the project to quickly resolve comments,
maintain project momentum, and keep the design on
schedule. Our experienced project team is committed to
delivering responsive service, accurate e ngineering
documents, and dependable technical support during
bidding and construction to ensure the successful

P a g e |3

Engineering and Design Services for the Sewer Manhole Flow Meter Project City of Colton

SEC TION 1 | PR OJEC T UNDER STAN DIN G , APPROAC H, AN D

METH ODOLOGY
SEC TION 1B | PR OJEC T UN DER STAN DIN G AN D APPROAC H implementation of the City's Sewer Manhole Flow Meter
Project.

E X P E C T E D C H A L L E N G E S

E X I S T I N G M A N H O L E C O N D I T I O N S
The three proposed monitoring locations are at existing sanitary sewer manholes , approximately 15 to 20 feet
deep. Existing field conditions may vary from available record information. TKE will verify existing conditions early in the design process and prepare construction
documents that accommodate access limitations while
maintaining safe installation and long -term maintenance of the monitoring equipment.

E Q U I P M E N T I N T E G R A T I O N
The project requires the integration of flow monitoring equipment, power, telemetry, and associated enclosures
into a single reliable system. TKE will coordinate these elements during design to ensure compatibility,
maintainability, and dependable operation.

C O N S T R U C T A B I L I T Y
Because improvements will occur within existing public
rights-of-way and active sewer facilities, TKE will focus on preparing practical construction documents that simplify installation, minimize disruptions, and reduce contractor questions during construction.

P R O J E C T M A N A G E M E N T
TKE provides effective project management services for
all of our projects. We have successfully delivered
extensive and highly visible water, wastewater, street, traffic, drainage, and facility improvement projects for the County of San Bernardino and Riverside, the Cities of Colton, Redlands, Highland, Yucaipa, Calimesa, Upland,
Fontana, Rialto, and Banning, and for the, Rubidoux
Community Services District, the San Bernardino
Municipal Water Department , and East Valley Water
District. TKE’s approach has consistently allowed our
partner agencies to fulfill their missions of delivering the best value for the public’s investment.

TKE’s management approach includes:
1) Monthly Progress Reports -TKE will document
project progress in a comprehensive project
management summary. The summary includes
project name and related number, description of
progress, budget status, schedule compliance,
and anticipated upcoming accomplishments.
2) Communication-Communications with City staff
is another important component to effective
project management. In addition to the monthly
progress reports, TKE will meet with City staff
biweekly to ensure the project is proceeding as
anticipated. We will document discussion topic
or meeting with notes and electronically mail
them to the project team within three days of the
meeting/conference indicating action items and a
schedule for completion of these items.
3) Record Keeping -TKE keeps records in an
organized filing system both in hard copy and
electronic forms. This organized filing system
allows TKE to access records immediately should
they be needed. Upon project completion TKE
will provide the City with a copy of the project
files.
4) Meetings-TKE will meet with project stakeholders
as needed including the public, City Council,
permitting and regulatory agencies, utilities,
etc. We will meet with them at the project’s
onset and throughout the course of project
design to ensure all stakeholder project needs are
considered and properly adhered to. All meeting
preparation (City Staff Reports, agendas, exhibits,
slide shows, etc.) will be prepared by TKE for each
meeting. Again, meetings will be
documented. TKE has provided numerous similar
presentations to Councils (closed sessions,
council meetings, community meetings, etc.).

TKE's project management services are enhanced by our
extensive experience delivering municipal utility
infrastructure projects throughout Southern California.

Our proposed project team will provide proactive
coordination, consistent communication, and
comprehensive project oversight to ensure the Sewer
Manhole Flow Meter Project is completed on schedule,
within budget, and in accordance with the City's
expectations.

Q U A L I T Y A S S U R A N C E /

Q U A L I T Y C O N T R O L
TKE takes pride in our reputation for thoroughness, rapid turnaround, cost efficiency and overall quality of work, and believes that a high level of quality is needed on all PS&E packages. High quality design yields the following tangible results:
• Ease of Oversight

P a g e |4

Engineering and Design Services for the Sewer Manhole Flow Meter Project City of Colton

SEC TION 1 | PR OJEC T UNDER STAN DIN G , APPROAC H, AN D

METH ODOLOGY
SEC TION 1B | PR OJEC T UN DER STAN DIN G AN D APPROAC H • Smoother Processing
• Healthy Number of Bidders
• Consistent Bids
• Minimized Construction Support Cost
• Absence of Design-Related Change Orders
• Reduced Claims and Dispute Resolution Costs
TKE‘s quality assurance program is vital to successful
project completion. Our quality assurance program is one that is applied inherently throughout the entire design process and all design activities. This program requires not only formal procedures for che cking at each
intermittent project task, but encourages the
conscientious effort of experienced people to always
“create quality” in every task performed throughout the design process.

This program has become a natural element in all aspects of TKE’s design and management activities, and will guide our work on this contract:
• Staff Training and Development
• Assignment of Experienced Staff
• Continuity of Staffing
• Project-Specific Work Plan
• Schedule Compliance
• Comprehensive Field Review and Compilation of
Site Data
• Established Design Procedures
• Established Detailing Standards
• Established Checking Procedures, Including
Independent In-House QA/QC Review
• Dual (Independent) Quantity Estimates
• Review by Constructability Expert
This Quality Assurance/Quality Control program is in
place to ensure that PS&E documents prepared by TKE
continue to exceed the standards of our clients and that we will deliver the project on schedule and within budget.

A C C U R A T E C O S T

E S T I M A T I N G
Unanticipated costs can significantly impact the
successful implementation of the proposed sewer flow
monitoring improvements. Therefore, it is vital to keep costs controlled. Our approach to controlling costs is to provide frequent and accurate cost estimates by using
TKE’s detailed cost estimating database. In addition to using this database, TKE utilizes our considerable
experience with Construction Management to assist in
providing constructability reviews and cost estimating
based on current information from our on-going projects.

Finally, with the current economic climate, construction costs are widely varying. We will also discuss the project’s elements with local contractors to assure that we have
the most current construction information available so
that the City can get the most “bang for their buck”.

C A P A B I L I T E S I N C L U D I N G

P I P E L I N E E X P E R I E N C E
For more than 26 years, TKE has provided comprehensive
engineering design services for municipal utility
infrastructure projects throughout Southern California.

Our experience encompasses wastewater collection
systems, wastewater treatment facilities, lift stations, force mains, gravity sewers, water distribution systems, and other public infrastructure improvements. We have
successfully partnered with numerous municipalities and special districts to deliver practical, cost -effective engineering solutions t hat improve system reliability, operational efficiency, and long-term performance.

TKE's capabilities extend through every phase of project delivery, including preliminary engineering, hydraulic
evaluations, utility coordination, surveying, preparation of PS&E packages, cost estimating, bidding assistance,
and engineering support during construction. Our
multidisciplinary team has extensive experience
coordinating civil, structural, mechanical, electrical, and instrumentation components to develop complete, well -
coordinated construction documents that facilitate
efficient project delivery and minimize construction -
related issues.

Our wastewater experience includes the design of more
than 200,000 linear feet of sewer improvements,
including gravity sewer mains ranging from 6 inches to 48 inches, nearly 50,000 linear feet of force mains, lift station improvements, wastewater treatmen t facility upgrades,
and sewer rehabilitation projects. In addition, TKE has successfully completed numerous projects involving
hydraulic analysis, SCADA integration, telemetry systems, electrical improvements, and process equipment
coordination, providing our clients with reliable
infrastructure that supports both current operational
needs and future system demands.

For the Sewer Manhole Flow Meter Project, TKE
understands that successful implementation extends
beyond preparation of construction documents.

Permanent wastewater flow monitoring systems require

P a g e |5

Engineering and Design Services for the Sewer Manhole Flow Meter Project City of Colton

SEC TION 1 | PR OJEC T UNDER STAN DIN G , APPROAC H, AN D

METH ODOLOGY
SEC TION 1B | PR OJEC T UN DER STAN DIN G AN D APPROAC H thoughtful integration of civil design, flow monitoring equipment, telemetry, electrical components, and long - term maintenance considerations. Our team develops
practical, construction -ready designs that emphasize
constructability, system reliability, main tenance
accessibility, and operational efficiency while supporting the City's goal of obtaining accurate and dependable
wastewater flow data for future planning and system
management.

The projects presented herein demonstrate TKE's ability to successfully deliver wastewater infrastructure
improvements that require technical coordination,
comprehensive design, and responsive project
management. Our experience with municipal wastewater
facilities and utility infrastructure provides the City with a qualified partner capable of delivering a complete, high - quality design that meets the schedule, budget, and
operational objectives.

P a g e |6

Engineering and Design Services for the Sewer Manhole Flow Meter Project City of Colton

SEC TION 1 | PR OJEC T UNDER STAN DIN G , APPROAC H, AN D

METH ODOLOGY
SEC TION 1B | PR OJEC T UN DER STAN DIN G AN D APPROAC H

R E L A T I V E P R O J E C T E X P E R I E N C E

HORTON WASTEWATER TREATMENT PLANT IMPROVEMENTS
Miss io n Sp ring s Wate r Dist rict , Dese rt Hot Sp rings , CA

Client Contact: Eric Weck,
Engineering Manager
Phone Number: (760) 329-6448
Email: [email protected]
Project Cost: $Varies
Completion Date: Various

DESCRIPTION
Mission Springs Water District (MSWD) has retained TKE to complete the design, construction management, and inspection of various improvements to the Horton Wastewater Treatment Plant (WWTP) through separate contract over the last 10 -years.

Said improvements include: construction of a belt filter press and loadout conveyor to improve sludge management, demolition of an aging activated sludge treatment tank and piping to eliminate on -going maintenance and create space for future expansion; construction of a new vapor phase odor control system to reduce odor emissions to neighboring residential developments; design of a 2.0 MGD tertiary treatment system and pump station to help alleviate secondary effluent disposal deficiencies and begin the phased implementation of recycled water treatment; expansion of the infiltration basins to provide additional effluent disposal capacity; and upgrades to the influent pump station to eliminate pump fouling and reduce daily maintenance. Most recently, TKE completed the design and is nearing completion on construction management and inspection oversight of a new diversion structure. The Horton Diversion Structure includes the construction of a new 84” manhole with a partition wall and motor actuated weir gate to control flows between the Horton WWTP and Nancy Wright Regional Water Reclamation Facility (RWRF). The diversion structure can divert up to 1.0 MGD to the Nancy Wright RWRF, providing relief to the Horton WWTP for critical and on -going maintenance activities. The projec t includes full electrical and SCADA integration into the existing plant, with remote operation capabilities. In addition, the various projects include(d) environmental compliance, geotechnical investigation and materials testing, construction sequencing, stakeholder coordination including the Regional Water Quality Control Board and Air Quality Management District, vendors, and consultants.

SERVICES
Services include records research, coordination with regulatory agencies, vendors, and consultants, hydraulic analysis, desig n, cost estimating, technical and benefit cost analysis, SCADA design and integration, permitting, topographic surveying and construction staking, preparation of Plans, Specifications, and Estimates, bidding assistance, construction management, inspection, specialty inspection, electrical and instrumentation/control inspection, materials testing, and start -up and commissioning.

KEY STAFF
Michael Thornton, PE, PLS, MS, Terry Renner, PE, PLS, QSD, Steven W. Ledbetter, PE, QSD, Octavio Parada, Shelby Kelley, PE, QSD, Brad Enscoe, Jeff Lantosh, CPII, Mike Counce, Ron Musser, PLS

RELEVANCE TO COLTON
• Preliminary Design/PDR, Final Design &
Construction Management
• Civil, Mechanical, Structural, & Electrical Design
• General, Specialty, and Electrical Inspection
• Materials Testing & SCADA Integration
• Start-up and Commissioning Assistance
• Permitting & Coordination with Vendors
• Design and Construction Survey

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Engineering and Design Services for the Sewer Manhole Flow Meter Project City of Colton

SEC TION 1 | PR OJEC T UNDER STAN DIN G , APPROAC H, AN D

METH ODOLOGY
SEC TION 1B | PR OJEC T UN DER STAN DIN G AN D APPROAC H DESIGN OF LIFT STATION NO. 2
Lak e Arro whea d , CA

Client Contact: Ryan Gross,
General Manager
Phone Number: (909) 336-7100
Email: [email protected]
Project Cost: $2.8M
Completion Date: In Progress

DESCRIPTION
The project consists of relocating the existing Lift Station No. 2 at Lake Arrowhead Village from the shopping center parking lot to a more accessible area. TKE performed a preliminary engineering analysis and developed multiple alternatives for potential locations and configurations for the new lift station. The District’s staff desires the new lift station to be a dry pump configuration and upsize the new wet well to provide a maximum capacity of 1,500 gallons in case of emergency. The new lift station structure will be approximately 22 feet long by 20 feet wide by 25 fee t deep.

SERVICES
Services include project management, record research, survey, meetings, preliminary engineering, utility verification, preparation of construction plans and specifications, civil, electrical, and mechanical design, SCADA integration, cost estimating, and bidding support during construction.

KEY STAFF
Terry Renner, PE, LS, QSD, Steven W. Ledbetter, PE, QSD, Joanna Rembis, PE, QSD, Shelby Kelley, PE, QSD., Daniel Melero

I-15 SEWER LIFT STATION AND WATER BOOSTER STATION
City of Hespe ria , CA

Client Contact: Nathan Freeman
Director of Development Services
Phone Number: (760) 947-1901
Email: [email protected]
Project Cost: $8.7M
Completion Date: 2025

DESCRIPTION
This project consists of the design and construction of wastewater and water conveyance facilities, a sewer lift station and water booster station to provide service to existing and future developments along the I -15 freeway corridor. Through a phased approach, TKE first developed a sewer and water feasibility study to serve the area; followed by preparing the design and contract documents for sewer conveyance and water distribution and transmission systems; followed by preparing the design and contract documents for a lift station and booster station. The lift station includes two 25 HP VFD submersible impeller pumps, wet well, piping, valves, manholes, electrical, motor control center and electrical building, emergency generator (80 kW), and associated site improvements. The separate booster station, located at an existing reservoir site, includes three 250 HP VFD pumps, two 50 HP VFD pumps, one 20 HP pump, hydro-pneumatic system, piping, valves, electrical, prefabricated building, emergency generator (600 kW), and associated site improvements.

SERVICES
Services include preliminary engineering, opinion of probable cost, feasibility study with system alternatives, sewer and water hydraulic modeling analysis, design, topographic surveying, preparation of construction contract documents , construction management and administration, SCADA integration, and start -up commissioning.

KEY STAFF
Michael Thornton, PE, PLS, MS, Terry Renner, PE, PLS, QSD, Steve Ledbetter, PE, QSD, Joanna Rembis, PE, QSD, Shelby Kelley, PE, QSD, Ron Musser, PLS, Brett Enscoe

RELEVANCE TO COLTON
• Preliminary Design Report & Lift Station Design
• Identification of Appropriate Design Parameters
• Design and Construction of Mechanical Water
Systems
• Cost Estimating Experience
• Civil, Mechanical, Structural, Electrical Design
Permitting

RELEVANCE TO COLTON
• Project Management
• Force Main & Lift Station Design
• Utility Coordination
• Design Survey
• Civil, Electrical and Mechanical
Design
• Flow Monitoring
• Coordination with Vendors

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Engineering and Design Services for the Sewer Manhole Flow Meter Project City of Colton

SEC TION 1 | PR OJEC T UNDER STAN DIN G , APPROAC H, AN D

METH ODOLOGY
SEC TION 1B | PR OJEC T UN DER STAN DIN G AN D APPROAC H

ARROW ROUTE SEWER MAIN DESIGN
City of Fo ntan a

Client Contact: Jeffrey Kim
CIP Engineering Manager
Phone Number: (909) 350-7610
Email: [email protected]
Project Cost: $8M
Completion Date: In-Progress

DESCRIPTION
The City of Fontana retained TKE to provide Engineering Services for the Development of Plans, Specifications, and Estimates, as well as other Engineering Services, as part of the City’s federally funded American Rescue Plan Act (ARPA) Arrow Boulevard Sewer Main Project. This project enco mpasses the conversion from septic to sewer systems along Arrow Boulevard between Ilex Street to Beech Avenue, Cherry Avenue from Arrow Boulevard to Foothill Boulevard, and Beech Avenue from Arrow Boulevard to Foothill Boulevard, in accordance with the Cit y’s Master Plan of Sewer. This project consists of the design and construction of 4,000 linear feet 15” PVC sewer pipe, 3,600 linear feet of 18” PVC sewer pipe , 5,400 linear feet of 12” PVC sewer pipe, 6,000 linear feet of 8” PVC sewer pipe and 71 manholes. The infrastructure objective of the project is to install sewer mainlines to serve the specified areas, entailing the reconstruction of curb, gutter, and ADA -compliant curb ramps as necessitated by street rehabilitation improvements mandated by the project. The project’s design was phased for bidding and construction purposes. TKE was also retained by the City of Fontana to provide professional construction assistance services of the sewer main installation.

SERVICES
Services included Preliminary Engineering, Opinion of Probable Cost, Potholing, Design, Topographic Surveying, Preparation of Plans, Specifications, Estimates, and Construction Assistance.

KEY STAFF
Michael Thornton, PE, PLS, Terry Renner, PE, PLS, QSD, Steven Ledbetter, PE, QSD, Shelby Kelley, PE, QSD, Ron Musser, PLS

RELEVANCE TO COLTON
• Sewer Flow Analysis
• Sewer Design
• Project Sequencing
• Permitting
• Coordination with City and
County

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Engineering and Design Services for the Sewer Manhole Flow Meter Project City of Colton

SEC TION 1C | SCOPE OF SER VICES

SECTION 1C | SCOPE OF SERVICES

S C O P E O F S E R V I C E S
Our design methodology to complete the scope of work
is presented in the following paragraphs:

T A S K N O . 1 P R O J E C T M A N A G E M E N T
TKE’s Project Manager will be responsible for overall
project delivery, including coordination of the project team, schedule, and budget. The Project Manager will
attend all meetings with City staff, prepare meeting
agendas and minutes, and maintain projec t
documentation.

TKE will monitor project budget and schedule on a
biweekly basis and provide updates prior to each meeting with the City. Coordination with utility agencies,
regulatory agencies, and stakeholders will be performed as required throughout the duration of the project.

Deliverables: Meeting agendas, meeting minutes,
progress reports, updated project schedule
T A S K N O . 2 - I N I T I A L ‘K I C K O FF ’

M E E T I N G
TKE will attend an initial pre-design (kickoff) meeting with City staff to confirm project objectives, design criteria, communication protocols, and project constraints.

TKE will perform preliminary field review and records
research to support a Concept Review submittal, which
will outline the proposed design approach, identify
potential conflicts, and confirm project limits and
assumptions.

Existing data including utility records, benchmarks, and mapping will be obtained from the City.

Deliverables: Meeting minutes, concept review exhibits (if required), preliminary project schedule
T A S K N O . 3 – U T I L I T Y R E S E A R C H
TKE will perform a comprehensive utility investigation
within the project limits. Utility agencies will be identified using DigAlert and other available databases.

TKE will prepare utility notification letters and exhibits for City distribution at the 40%, and 100% design stages.

Ongoing coordination will include identification of
conflicts, communication with utility owners, and
facilitation of conflict resolution.

TKE Engineering, Inc. | AT A GLANCE

Extensive Sewer Experience
TKE has performed design and
construction on more than 100 miles of
sewer conveyance facilities

Municipal On-Call Contracts
TKE currently provides Civil Engineering
Design, Surveying, Map Checking,
Construction Staking, and Project
Support services for more than 30 Cities
/ Counties / Districts throughout
Southern California

Size of Organization
70 Professional Engineers, Surveyors,
Traffic Engineering, Project Managers,
Surveyors, Plan and Map Checkers,
Inspectors, Designers, Construction
Managers, and Support Staff

Location of Office
TKE Engineering, Inc.
2305 Chicago Avenue
Riverside, CA 92507

Years in Business
TKE has 26 years of experience in
providing Water Main Design for City
CIP projects

Company Structure
TKE is a California Corporation founded
in June 2000. TKE has no affiliates or
subsidiary companies. California
Business License Number: 00109901 TKE
DIR No. 1000413173

Firm Owners
Michael P. Thornton, PE, PLS, MS –
President
Terry Renner, PE, PLS, QSD –
Senior Vice President
Steven W. Ledbetter, PE, QSD –
Vice President

Point of Contact
for the City of Colton
Steven W. Ledbetter, PE, QSD
Vice President
2305 Chicago Avenue
Riverside, CA 92507
Phone: (951) 680-0440
Email: [email protected]

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Engineering and Design Services for the Sewer Manhole Flow Meter Project City of Colton

SEC TION 1C | SCOPE OF SER VICES
A detailed utility log will be maintained documenting
agency contacts, correspondence, responses, and status
of conflicts or relocations.

Deliverables: Utility notification letters, utility
coordination exhibits, utility contact list, submittal logs T A S K N O . 4 – F I E L D V E R I F I C A T I O N

A N D B A S E M A P P I N G
TKE will perform a detailed field verification of the three proposed sewer manhole flow monitoring locations to
confirm existing site conditions and verify available record information. Field activities will include documenting
existing sanitary sewer manh oles, surrounding
improvements, utility appurtenances, access conditions, and available space for installation of the proposed flow monitoring equipment, solar power systems, telemetry
components, and associated enclosures.

Using available City mapping, record drawings, and field observations, TKE will prepare base mapping in AutoCAD
to support design development. The base drawings will
identify existing utilities, property lines, rights -of-way, pavement features, sidewalks, curb returns, traffic
control devices, utility poles, and other improvements
that may influence the final design. Additional field
verification will be performed, as necessary, to resolve discrepancies between record information and existing
conditions.

Deliverables: Base mapping and field verification exhibits.

T A S K N O . 5 – P R E L I M I N A R Y D E S I G N TKE will prepare a Technical Memorandum and
preliminary design for the installation of three (3)
permanent wastewater flow monitoring systems at
existing manhole locations within the City's wastewater collection system. The work will include a review of
available record drawings, GIS mapping, and other
information provided by the City and through our own
field reconnaissance to evaluate existing site conditions, including manhole configuration, pipe sizes and materials, flow conditions, accessibility, evidence of any
surcharging, available hydraulic head, maintenance
considerations, and other physical or operational
constraints.

Based on the field evaluation, TKE will identify and
compare feasible flow monitoring technologies for each
location, including permanent area-velocity flow meters, non-contact radar or ultrasonic level sensors,
prefabricated Parshall flume manholes, and o ther
appropriate monitoring systems. Each alternative will be evaluated with respect to hydraulic suitability, expected measurement accuracy, constructability, maintenance
requirements, telemetry and SCADA integration, lifecycle considerations, and order -of-magnitude capital and
operational costs. The Technical Memor andum will
document the evaluation process and present the
recommended monitoring solution for each location,
including the basis of selection and key implementation considerations.

Following City concurrence on the recommended
monitoring approach, TKE will prepare the preliminary
design for the three permanent wastewater flow
monitoring stations in accordance with City standards and project requirements. The preliminary design will
establish t he overall system configuration and evaluate equipment placement, constructability, maintenance
accessibility, electrical service requirements, telemetry integration, and solar power system configuration, as
applicable. The preliminary design will address, at a
minimum, the following:
• Existing manhole conditions and proposed
modifications
• Flow monitoring equipment layout and
instrumentation
• Power and electrical system configuration
• Telemetry, communications, and SCADA
integration
• Electrical equipment and control components
• Constructability and site access considerations
• Maintenance access and operational safety
• Traffic control requirements
• Utility coordination
• Preliminary construction sequencing
TKE will prepare a preliminary design exhibit for each
monitoring location illustrating the proposed
improvements and overall station layout. Upon
completion of the preliminary design, TKE will conduct
one (1) review meeting with City staff to present the
Technical Memorandum and preliminary design, confirm
design assumptions, discuss operational preferences, and obtain direction prior to advancing to final design.

Deliverables: Draft and Final Technical Memorandum,
Preliminary Design Exhibits

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Engineering and Design Services for the Sewer Manhole Flow Meter Project City of Colton

SEC TION 1C | SCOPE OF SER VICES
T A S K N O . 6 - 6 0 % D E S I G N
TKE will prepare a 60% design submittal based on
completed field verification, utility research, and
preliminary design coordination with City staff. The
submittal will include construction plans illustrating the proposed flow monitoring equipment, power systems,
telemetry eq uipment, electrical components, conduit
routing, equipment enclosures, and all associated
appurtenances required for each monitoring location.

The 60% plans will identify existing utilities, potential conflicts, site constraints, and access requirements to facilitate review by City staff and support refinement of the design prior to advancing to the 100% design phase.

At this stage, TKE will also prepare a Opinion of Probable Construction Cost for the proposed improvements.

Deliverables: 60% plans and Cost Estimate
T A S K 7 – 10 0% D E S I G N
TKE will prepare the 100% design submittal consisting of Plans, Specifications, and an Engineer's Opinion of
Probable Construction Cost (EOPCC). The design package
will incorporate comments received during the 60%
design phase and further develop the proposed
improvements into a coordinated set of construction
documents suitable for City review.

The plans will include a title sheet with project
information, vicinity map, location map, sheet index, and applicable information. Design drawings will illustrate the proposed installation of the permanent wastewater flow
monitoring systems, including area-velocity flow meters, mounting hardware, telemetry equipment, solar power
assemblies, equipment enclosures, conduit routing,
electrical connections, and all associated appurtenances necessary for complete system installation. The plans will also identify existing utilities, site improvements, access limitations, and other field conditions that may influence construction.

Technical specifications will be prepared in accordance with the City's standards and the latest edition of the Standard Specifications for Public Works Construction
(Greenbook). In addition, TKE will prepare an updated
Engineer's Opinion of Probable Constr uction Cost
(EOPCC) and a preliminary construction schedule to
support the City's review and budgeting process.

Deliverables: 100% plans, specifications (Microsoft
Word), EOPCC (Microsoft Excel), and construction
schedule
T A S K 8 – F I N A L D E S I G N A N D B I D

D O C U M E N T S
TKE will prepare the final Plans, Specifications, and
Engineer’s Estimate (PS&E) by incorporating all City and agency review comments from the 100% submittal. The
final design package will include complete construction plans, technical specifications, bid documents, and
updated cost estimates suitable for bidding. Final
deliverables will be provided in AutoCAD format (2024 or earlier), Microsoft Word for specifications, and Microsoft Excel for the Engineer’s Estimate.

In addition, TKE will prepare comprehensive bid
documents concurrent with the final design submittals.

These documents will include a detailed project
description, bid schedule, bid item descriptions, special provisions, and technical specifications. All documents will be prepared in accordance with the City’s standards and the latest edition of the Standard Specifications for Public Works Construction (Greenbook), and will be
finalized for public bidding.

Deliverables: Final PS&E package in AutoCAD, Word,
Excel and PDF formats, and contract documents
T ASK 9 - B I D D I N G A S S I S T A N C E
TKE will provide comprehensive assistance during the
bidding process. This includes responding to bidders'
questions promptly and preparing necessary addenda to
the plans and specifications for the City's review and
approval. TKE will ensure that all clari fications and
changes are communicated effectively to all parties
involved. After the bidding process is complete, TKE will compile and prepare a set of conformed plans and
specifications, incorporating all addenda and changes
made during the bidding phase , to ensure a clear and
accurate representation of the final project requirements.

Deliverables: Addenda and bid support documentation
T A S K 1 0 - C O N S T R U C T I O N S U P P O R T TKE will provide construction support by attending the
pre-construction meeting, tracking and responding to
Requests for Information (RFIs ) and processing
submittals. TKE will anticipate the level of effort for this task based on professional experience with projects of
similar scope and magnitude.

Deliverables: RFI Responses and Submittal Reviews

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

EXHIBIT "B"

SCHEDULE OF SERVICES
The term of this Agreement shall be from September 7, 2026 through June 30, 2027, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. If the City chooses to extend the Agreement City will provide written notice to Contractor thirty (30) day prior the end of the Agreement term.

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

EXHIBIT "C"

COMPENSATION
Not to Exceed Amount of Ninety-One Thousand Seven Hundred Eighty-Nine and No Cents ($91,789.00).

3 LOCATION AND PICTURES

Item: 10.

Staff Report

Meeting Date: August 18, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Tom Miller, Electric Utilities Director
Item Name: Contract Award - Award Contract to SCR Solutions LLC, for Specialized Field testing and Diagnostic Services at Agua Mansa Power Plant, in the amount of $76,900.00.

Recommended Action:

1. Approve a sole-source professional services agreement to SCR Solutions LLC for specialized field-testing, diagnostic analysis, and tuning services for the Selective Catalytic Reduction system at the Agua Mansa Power Plant in an amount not to exceed $76,900.00; and

2. Authorize the City Manager or designee to execute all necessary documents and make non-substantive changes to any documents, as approved by City Attorney.

Background:

The City of Colton Electric Utility operates an LM6000 gas turbine generating unit at the Agua Mansa Power Plant. The unit is equipped with a Deltak Selective Catalytic Reduction (SCR) system designed to reduce nitrogen oxide emissions through the controlled injection of ammonia into the turbine exhaust.

The SCR system is currently experiencing performance concerns involving elevated ammonia slip and potential platinum deposition on the catalyst. Recent laboratory findings indicate that platinum contamination may be contributing to catalyst degradation and affecting the system’s ability to maintain the appropriate balance between nitrogen oxide reduction and ammonia emissions.

Specialized field testing is required to determine the extent and location of catalyst performance degradation, identify potential exhaust-gas bypass or stratification, evaluate the performance of the Ammonia Injection Grid (AIG), and develop appropriate corrective actions.

Issues/Analysis:

Pursuant to Section 3.08.110(d) of the Colton Municipal Code, staff recommends awarding the work to SCR Solutions LLC on a sole-source basis in an amount not to exceed $76,900. SCR Solutions LLC is uniquely qualified to perform the work due to its specialized equipment, proprietary testing methods, and experience with the Agua Mansa Power Plant’s LM6000 turbine and Deltak SCR system.

SCR Solutions LLC will use a Gasmet CX4000 FTIR analyzer with glass-lined sampling probes to accurately measure ammonia and nitrogen oxide levels without altering the samples. The company will also perform an 80-point inlet and outlet traverse to identify catalyst bypass, uneven gas distribution, and platinum-related degradation. Testing results will be analyzed in real time, allowing immediate adjustments to the Ammonia Injection Grid.

SCR Solutions LLC’s specialized catalyst-diagnostic expertise and familiarity with the facility’s configuration will reduce the risk of equipment damage and extended plant downtime. Staff has therefore determined that SCR Solutions LLC is the only qualified provider capable of performing the required high-precision testing and diagnostic services.

Fiscal Impacts:

Sufficient appropriations are available in the adopted Fiscal Year 2026-27 budgets in Electric Utility Agua Mansa Operations and Maintenance Contract Account Number 520-8000-8009- 2225-0548-000.

Alternatives:

Provide alternate direction to staff.

Attachments:

1. 2026_SCR Solutions SIGNED SCR SOLUTIONS

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CITY OF COLTON

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 11th 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 SCR Solutions LLC , a Corporation with its principal place of business at 24 East Main street, PO BOX 5142, Clinton, NJ 08809 (“Contractor”). City and Con tractor 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 SCR catalyst field testing 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 Agua Mansa Power Plant Facility 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 conduct a manual traverse at the SCR catalyst inlet and outlet 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 June 11th, 2026 to June 30th, 2027 unless earlier terminated as provided herein. 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 Serv ices 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 withho lding, 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 ma nner. 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 City of Colton Electric 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 Bill Gretta, 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 represent s 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 app rovals 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 Contra ctor 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 dur ing 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 A ct 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 ins pection 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 sub- sections.

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 Con tractor 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 Rep orted 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 de fend, 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 Fe deral 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 Pr otection 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 Ci ty, 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 Contracto r, 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 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability:1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of 1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, 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 th e 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 direct ors, 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 respe cts 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 subcon tractors’ 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 per son 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 re serves 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 perfo rmed. 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) ad equate 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 a ny 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 alte ration 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 Cont ractor 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 Agree ment 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 w ork 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 manufactu rer or supplier of equipment or m aterials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the 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 re pairing 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 sa tisfaction of the City, the City shall have the right to correct and replace any defective or non -conforming w ork 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 SEVENTY-SIX THOUSAND NINE HUNDRED US DOLLARS ($76,900.00) without written approval of City’s City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 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 compensat ed for, Extra Work without written authorization from City’s Representative.

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, Since the total compensation is

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$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 pre vailing 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), ce rtified 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 ma y 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 liab ility 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 bef ore 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. Contrac tor may not terminate this Agreement except for cause.

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 A greement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

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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:

SCR Solutions, LLC
24 East Main Street
PO BOX 5142
Clinton, NJ 08809
Attn: William Gretta, PE
City:

City of Colton
650 North La Cadena Drive
Colton, CA 92324
Attn: Tom Miller, Intern Electric 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 not ice 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 e xpert 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 misc onduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

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

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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 Contract or. 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 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.

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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 employ ee 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.
[SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON

AND SCR SOLUTION, LLC
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 11 day of June, 2026

CITY OF COLTON SCR SOLUTION, LLC

By: ____________________________ By: _________________________ William R Smith William Gretta, PE
City Manager CEO

Attest:

____
Isaac T. Suchil
City Clerk

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Exhibit A-1

EXHIBIT “A”

SCOPE OF SERVICES

Overview
SCR Solutions LLC is pleased to submit this proposal to provide professional field-testing services at the EI Colton Agua Mansa Power Plant located in Colton, CA.

Testing Methodology & Parameters
Our team will perform a manual traverse at both the Selective Catalytic Reduction (SCR) catalyst inlet and outlet locations. This comprehensive testing will measure and analyze the following parameters:
• Temperature
• Nitrogen Oxides (NOx)
• Carbon Monoxide (CO)
• Ammonia (NH3)
• Oxygen (O2%)
Sampling Grid Specifications
To ensure representative and accurate data collection, testing will be executed across a structured grid at each specific location:
• Testing Locations: SCR Catalyst Inlet and SCR Catalyst Outlet (2 test planes total). • Sampling Grid: A minimum matrix of 4 rows by 10 points (4X10). • Total Sample Points: A minimum of 40 discrete points per test plane.

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Exhibit B-1

EXHIBIT “B”

SCHEDULE OF SERVICES

Services are to be scheduled and completed during the contract period of June 11th, 2026 to June 30th, 2027. Contractor shall coordinate with the Agua Mansa Power Plant Staff to schedule completion of the Service and obtain access to the facility.

SCHEDULE
The following is a summary of the NH3/NOx measurement activities:

1. SCR Solutions will provide a 4-man crew including our testing subcontractor

2. The crew will adhere to the following preliminary set-up and testing schedule for the week of TBD:

3. Thu: Travel to Site
Fri: Travel to Site
Sat: Travel to Site
Sun: Travel to Site
Mon: Safety Training, Equipment Setup & Checkout, Baseline Testing Tue: AIG Tuning as Required, Equipment Removal
Wed-Sat: Return Travel

4. If additional flue gas testing on additional unit(s) is required beyond the schedule noted above, a daily rate will be utilized (see Pricing section).

5. A detailed report will be issued to Colton within one week upon completion of the work.

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Exhibit D-1

EXHIBIT “C”

COMPENSATION

Total compensation for services shall not exceed Seventy-Six Thousand Nine Hundred US Dollars and Zero cents ($76,900.00) flat rate pricing and shall be completed between the period of June 11th, 2026 through June 30th, 2027, as scheduled with the Agua Mansa Power Plant.

PRICING
SCR Solutions proposes performing the scope of work defined above for $76,900.00 (Seventy-Six Thousand Nine Hundred US Dollars).

If there are delays or additional test days required, the following rates apply:

Hourly Delay Rate: $900.00
Daily Delay Rate: $7,200.00
Additional Test Day: $9,700.00 (weekdays); $12,000 (weekends)

Item: 11.

Staff Report

Meeting Date: August 18, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Charles Berry, Assistant City Manager
Item Name: Disposition - Disposal of Surplus Manufactured Home/Modular Unit, Resolution R-76-26.

Recommended Action:

1. Adopt Resolution R-76-26 approving the disposition of one surplus manufactured home/modular unit;

2. Authorize the City Manager or designee to execute all necessary documents, including making any non-substantive changes as approved by City Attorney.

Background:

Last month, the City Manager received a request from Ms. Daisy Ontiveros requesting that the City of Colton relinquish ownership of an existing manufactured home/modular Unit (“Unit") that she occupies and that the City has (apparently) owned since prior to 1992. City staff conducted a reasonable search of its available records and has been unable to locate any documentation establishing the City's acquisition of, legal ownership to, or title to the Unit or when or why it may have been used by the occupant. However, records were found establishing the transfer value in 1992 in the amount of $11,690.00.

While the City found no records or documentation concerning the acquisition or disposition of the Unit, it also has no present operational or municipal use for it. As a result, City staff do not object to transferring any interest the City may possess and believes it would be appropriate to disclaim any continuing interest in the Unit. Further, relinquishing whatever interest the City holds in the Unit would eliminate any legal exposure that may exist from the use of the Unit.

Colton Municipal Code, Section 3.08.150 (Surplus supplies and equipment) requires City Council approval for the sale of surplus supplies and equipment with an estimated value of ten thousand dollars or more. As noted previously, the transfer value of the Unit in 1992 was

$11,690.00. While we do not believe the Unit has that value today, in an abundance of caution and to better document the disposition, this matter is being brought to the City Council for consideration.

Issues/Analysis:

Adoption of the attached Resolution would authorize disposition of the Unit to the occupant via a Bill of Sale. The Bill of Sale conveys the Unit to the occupant in an “as is” condition with no warranties as to its fitness for a particular purpose. Further, it includes an indemnity provision requiring the occupant to indemnify all the known or unknown claims.

Fiscal Impacts:

There are no fiscal impacts related to this action.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. City of Colton - Resolution Approving Manufactured Home - Modular Unit Bill of Sale Agreement (2026)-c1-c1 (1)

2. City of Colton - Bill of Sale & Assignment_ Manufactured Home-Modular Unit (20260- c1-c1

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RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON

APPROVING A BILL OF SALE & RELEASE OF INTEREST
AGREEMENT FOR A MANUFACTURED HOME/MODULAR “UNIT” AND

AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY

DOCUMENTS
WHEREAS, .a manufactured home/modular unit identified as follows:

Year: _1989______
Manufacturer: _90010 Golden Office Manufacturing_
Model: _Golden XCD2658_____
Serial Number: __9881____ HUD Label/Insignia: 71959

(the "Unit") has apparently been identified in historical records as being associated with the City of Colton since prior to 1992; and

[RECITAL RE SEPTEMBER TRANSFER? - INFORMATION]

WHEREAS, the City has conducted a reasonable search of its available records and has been unable to locate documentation establishing the City's acquisition of, legal ownership of, or title to the Unit; and

WHEREAS, the individual currently in possession of and occupying the Unit ("Occupant") has requested that any interest the City may have in the Unit be transferred to the Occupant to facilitate registration, titling, disposition, or other lawful use of the Unit; and

WHEREAS, the City has no present operational or municipal use for the Unit, does not object to transferring any interest it may possess, if any, and desires to disclaim any continuing interest in the Unit; and

WHEREAS, because the City cannot verify legal ownership, the proposed transfer is appropriately accomplished by a Bill of Sale and Release of Interest Agreement (“Agreement”) that conveys only whatever right, title, or interest, if any, the City may possess, without representation or warranty of title; and

WHEREAS, the proposed Agreement provides that the Unit is conveyed "AS IS, WHERE IS, WITH ALL FAULTS," contains no warranties of ownership, condition, merchantability, or fitness for a particular purpose, and requires the Occupant to accept the Unit in its existing condition; and

WHEREAS, the proposed Agreement further provides that the Occupant shall release, defend, indemnify, and hold harmless the City of Colton and its elected officials, officers, employees, agents, volunteers, successors, and assigns from and against any and all known or unknown claims, demands, liabilities, damages, losses, actions, causes of action, costs, and expenses, including reasonable attorneys' fees, arising from or

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relating to the Unit or its ownership, possession, registration, operation, maintenance, transfer, or disposal after execution of the agreement; and

WHEREAS, the City Council finds that approving the Agreement is in the best interests of the City because it releases any potential municipal interest in the Unit without admitting ownership or liability and minimizes the City's potential future exposure.

BE IT NOW THEREFORE RESOLVED AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The City Council hereby approves the Agreement attached hereto as Exhibit “A” to this Resolution in substantially the form presented to the City Council, together with such non-substantive revisions as may be approved by the City Attorney.

SECTION 3. The City Council expressly finds that the City is not making any representation, admission, or finding that it presently owns or previously owned the Unit.

The City is conveying only whatever right, title, or interest, if any, it may possess. The City Council approves the transfer of any right, title, or interest the City may have, if any, in the Unit to the Occupant, subject to the terms and conditions contained in the Agreement.

SECTION 4. The City Manager, or the City Manager's designee, is authorized and directed to execute the Agreement and any additional documents reasonably necessary to effectuate the intent of this Resolution, subject to approval as to form by the City Attorney.

SECTION 5. This Resolution shall become effective immediately upon its adoption.

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

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

Frank J. Navarro, Mayor

ATTEST:
________________________
Isaac Suchil, City Clerk

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EXHIBIT “A”

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BILL OF SALE & RELEASE OF INTEREST AGREEMENT
THIS BILL OF SALE & RELEASE OF INTEREST AGREEMENT (“Agreement”) is made and entered into as of August __, 2026, by the City of Colton, a California Municipal Corporation (“City” or “Seller” or “Assignor”), in favor of [NAME], a [INDIVIDUAL/CORPORATION?] (“Buyer” or “Assignee”). City and Buyer are sometimes hereinafter referred to collectively as the “parties.”

RECITALS
A. The manufactured home/modular unit (“Unit”) described below and shown on the attached Exhibit “A” has been located on property associated with the Buyer and/or has been in the Buyer's possession or control for an extended period of time.

B. The Unit has apparently been listed or identified as being owned by the City since prior to 1992 [MORE INFO?]; however, the City has been unable to locate records establishing its ownership, acquisition, title, or other ownership interest.

C. Buyer has requested that any interest the City may have in the Unit be transferred to Buyer.

D. The City does not object to the requested transfer and desires to release and convey any right, title, or interest it may have, if any, in the Unit, without making any representation or warranty regarding ownership or title.

NOW, THEREFORE:

1. DESCRIPTION. Description: Manufactured Home/Modular Unit • Decal: ___XCD2658 Year: 1989__
• Manufacturer: __90010 Golden Office Mfg. Inc.
• Serial Number: ____9881_________
• HUD Label/Insignia: __71959_________

2. TRANSFER OF INTEREST
For good and valuable consideration, the receipt and sufficiency of which are acknowledged, the City hereby quitclaims, assigns, transfers, and conveys to Buyer all right, title, and interest, if any, that the City may possess in and to the above-described Unit.

This Agreement conveys only whatever interest, if any, the City may have and shall not be construed as a representation that the City possesses valid title or any ownership interest whatsoever.

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3. NO WARRANTIES
A. The Unit is transferred AS IS, WHERE IS, WITH ALL FAULTS, and without any representation or warranty of any kind, express or implied. Buyer understands and agrees that City is conveying only its right, title, and interest, if any.

B. The City expressly disclaims all warranties, including but not limited to:
• ownership or marketable title;
• merchantability;
• fitness for a particular purpose;
• condition or safety;
• compliance with applicable laws or regulations; and
• freedom from liens, encumbrances, taxes, security interests, or claims of third parties.

C. Buyer acknowledges that Buyer has had the opportunity to inspect the Unit and accepts it in its existing condition.

4. BUYER'S ASSUMPTION OF RISK
Upon execution of this Agreement, Buyer assumes all responsibility for the Unit, including all costs, liabilities, taxes, past taxes, registration requirements, repairs, maintenance, storage, transportation, disposal, and compliance with all applicable federal, state, and local laws.

5. RELEASE
Buyer, on behalf of Buyer and Buyer's heirs, successors, assigns, insurers, agents, and representatives, fully releases and forever discharges the City and its elected officials, officers, employees, agents, volunteers, successors, and assigns from any and all claims, demands, liabilities, damages, causes of action, losses, costs, or expenses of every kind, whether known or unknown, suspected or unsuspected, arising out of or relating in any way to the Unit or this transfer.

6. INDEMNIFICATION
Buyer shall defend, indemnify, and hold harmless the City and its elected officials, officers, employees, agents, volunteers, successors, and assigns from and against any and all claims, demands, actions, causes of action, damages, judgments, liabilities, penalties, fines, losses, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to the ownership, possession, registration, operation, storage, maintenance, transportation, repair, sale, transfer, or disposal of the Unit after

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the effective date of this Agreement; any actual or alleged ownership interest in the Unit; any liens, taxes, fees, citations, environmental conditions, or regulatory matters concerning the Unit; and any claim by any person or entity asserting ownership or any other legal or equitable interest in the Unit.

This indemnification applies regardless of whether such claims are known or unknown, existing now or arising in the future, except to the extent prohibited by applicable California law.

WAIVER OF CALIFORNIA CIVIL CODE SECTION 1542
Buyer expressly waives the provisions of California Civil Code Section 1542, which provides:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR

OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR

HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF

KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
Buyer acknowledges that this waiver is knowingly and voluntarily made and that Buyer intends to release all claims, whether known or unknown. _______ Buyer’s Initials.

7. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue shall be in the County of San Bernardino.

8. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties regarding the subject matter and supersedes all prior oral or written understandings.

9. AUTHORIZATION
The individual signing on behalf of the City represents that they are duly authorized to execute this Agreement.
[Signatures on Following Page]

23152.06020\45222932.1

IN WITNESS WHEREOF, Assignor has caused this Bill of Sale to be executed as of the day and year first written above.
“ASSIGNOR” (“SELLER”)

CITY OF COLTON

By:

Name: ______________________________
Its: _________________________________

“ASSIGNEE” (“BUYER”)
[NAME]

By:

Approved as to form:

By: _____________________________
Carlos L. Campos
City Attorney
Best Best & Krieger LL
f

23152.06020\45222932.1

EXHIBIT “A”

Item: 12.

Staff Report

Meeting Date: August 18, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Deb Farrar, Director
Item Name: Early Care and Education - Approve and Adopt a Resolution to Amend Fiscal Year 2026/2027 Budget to Receive Additional Funding via SB 151, Resolution No. R-24-26.

Recommended Action:

Adopt Resolution R-24-26 for the Early Care and Education Division Additional Funding via SB 151 and Employee Retention Payments.

Background:

The City of Colton, Early Care and Education Division has two main components: the School Age Program (SAP) and the State Preschool Program (SPP). The SAP is funded by the CA Department of Social Services (CDSS), and SPP is funded by the California Department of Education (CDE). The SAP is for children in grades TK through 6, using the CDSS Contract to provide before, after, and all-day care on Colton Joint Unified School District (CJUSD) closure days. The SPP is for younger children, ages 2.5 to 5. The SPP operates part-time for 180 days a year, with the goal of preparing young children for elementary school, both in the classroom and on the playground. As Executive Director of the Program, the City Manager is the designated authority to sign the State contract.

Issues/Analysis:

Through Assembly Bill 151, CDE and CDSS have awarded every contracted Agency an additional one-time funding allocation, along with the recent Cost of Care Plus payments, with the intent of passing these funds directly to field staff. In the release of these funds and the CDE Management Bulletin 26-01, it states: Specifically, due to the legislative intent of Cost of Care Plus Rate allocations as referenced in WIC Section 10277.2(j), these funds may be used for bonuses, incentive and retention payments, or any other one-time payments to CSPP staff.

MB 26-01 adds, “Given the various workforce challenges CSPP contractors have shared, the CDE urges CSPP contractors to consider using these funds to provide compensation to employees.”

Regarding premium pay or bonuses for retention purposes, the data show that the “childcare” field is among the lowest-paid industries. While the ECE Division and staff do much more than basic childcare, are more educationally qualified, and require many hours of Professional Development, they are included in the “childcare” field as ECE is not in the TK-12 system. With the rise of the Minimum Wage, the ECE workforce now has numerous options that pay an equivalent wage, thus making any premium pay less effective for retention purposes.

Community Services Department leadership developed a distribution plan to allocate these funds directly to eligible ECE staff. The plan provides an equitable methodology that considers each employee's length of service, position classification, and California Teacher Permit level. The proposed allocation spreadsheet is attached for review.

Fiscal Impacts:

Adoption of Resolution R-24-26 amends the Fiscal Year 2026-27 adopted budget to increase revenues and appropriations in the Child Care Fund to accept the award in the following accounts:
▪ Increase revenues in Child Care Fund Revenue Account Numbers:
o 206-5775-001 CDE SB 151 CoC for $51,720
o 206-5775-002 CDSS SB 151 CoC for $34,480.

▪ Increase appropriations in Child Care Fund Salaries :
o 206-7200-7211-1100-0000-001 for $739
o 206-7200-7211-1101-0000-001 for $50,981
o 206-7200-7211-1100-0000-001 for $493
o 206-7200-7211-1100-0000-001 for $33,987

Alternatives:

Provide alternative direction to staff.

Attachments:

1. R-24-26 ECE Additional Funding SB 151

2. SB151 Funding Methodology

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RESOLUTION NO. R-24-26

A RESOLUTION OF THE CITY COUNCIL ALLOWING THE RECEIPT OF FUNDS

TO THE EARLY CARE AND EDUCATION DIVISION OF THE COMMUNITY

SERVICES DEPARTMENT VIA THE CALIFORNIA DEPARTMENT OF SOCIAL SERVICES AND THE CALIFORNIA DEPARTMENT OF EDUCATION FROM SB 151.

WHEREAS, the City of Colton, Early Childhood Education (ECE) Division of the Community Services Department (CSD) holds one (1) California Department of Education (CDE) Contract, and one (1) California Department of Social Services (CDSS) Contract, thus considered a CDE and CDSS Funded Agency; and,
WHEREAS, through Senate Bill 151, CDE and CDSS have awarded every contracted and Funded Agency an additional one-time funding allocation, along with the recent Cost of Care Plus payments, with the intent of passing these funds directly to field staff; and, WHEREAS, in the release of these funds, CDE and Management Bulletin 26-01 made a first-time change in regulations, and allowed this on-time funding to be “used for bonuses, incentive and retention payments, and any other one-time payments”; and, WHEREAS, the data show that the “childcare” workforce is among the lowest-paid industries, and the City of Colton’s ECE staff fall within this category.

NOW, THEREFORE, the City Council of the City of Colton does hereby resolve as follows:

Section 1: The staff report accompanying this resolution is found to be true, adopted as findings, and incorporated into this resolution.

Section 2: City Council approves one-time retention payments to qualified City of Colton ECE staff, contingent upon satisfying the minimum qualifications of eligible front-line staff in accordance with the program and matrix.

Section 3: The City of Colton received two checks, one from CDE and one from CDSS, in the amounts of $51,720 and $34,480, respectively. To account for this funding, new accounts have been created as follows:

▪ Increase revenues in Child Care Fund Revenue Account Numbers:
▪ 206-5775-001 CDE SB 151 CoC for $51,720
▪ 206-5775-002 CDSS SB 151 CoC for $34,480
▪ Increase appropriations in Child Care Fund Salaries:
▪ 206-7200-7211-1100-0000-001 for $739
▪ 206-7200-7211-1101-0000-001 for $50,981
▪ 206-7200-7211-1100-0000-001 for $493
▪ 206-7200-7211-1100-0000-001 for $33,987

PASSED, APPROVED AND ADOPTED this 4th day of August 2026.

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________________________________________
FRANK J. NAVARRO, Mayor
ATTEST:

ISAAC T. SUCHIL, City Clerk

ECE Staff Funding Allocation Methodology
for SB 151 Funding

DISTRIBUTION FACTOR CRITERIA AMOUNT
Base Allocation All eligible employees $3,050

California Teacher Permit Level Aide $500
Associate Teacher $1000
Teacher $1,600
Site Supervisor $2,000
Program Director $2,500

Length of Service Less than 2 years $250
2 to less than 2 years $500
5 to less than 10 years $750
10 to less than 15 years $1,000
15 to less than 20 years $1,500
20 years or more $2,000

Part-Time Hours Worked 1 to 999 hours $50
1000 to 1,399 hours $100
1,400 to 1,799 hours $200
1,800 hours or more $300

Item: 13.

Staff Report

Meeting Date: August 18, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Tom Miller, Electric Utilities Director
Item Name: Easement - Acceptance and Recordation of a Public Utility Easement at 1250 E.

Cooley Drive.

Recommended Action:

1. Accept the Grant of Easement from East Cooley, LLC, for public utility purposes, over a portion of the property located at 1250 E. Cooley Drive, identified as Assessor’s Parcel Number 0276-144-26-0000;

2. Authorize the City Manager to execute the Certificate of Acceptance on behalf of the City; and

3. Direct the City Clerk to record the Grant of Easement and Certificate of Acceptance with the San Bernardino County Recorder’s Office.

Background:

East Cooley, LLC is granting the City of Colton a public utility easement over a portion of the property located at 1250 E. Cooley Drive in the City of Colton. The property is identified as Assessor’s Parcel Number 0276-144-26-0000.

The Grant of Easement, dated February 24, 2026, provides the City with the right to construct, operate, use, maintain, alter, expand, reconstruct, repair, replace, inspect, relocate, and remove overhead and underground electrical and communication systems within the designated easement area. The easement includes the right to install and maintain poles, anchors, conduits, cables, vaults, manholes, handholes, enclosures, concrete pads, and other related utility equipment.

The easement area is depicted on Exhibit A to the Grant of Easement and generally includes a 10-foot-wide utility corridor extending from the public right-of-way along the property and connecting to the on-site electrical facilities.

Issues/Analysis:

Acceptance and recordation of the easement will formally establish the City’s right to access, operate, maintain, repair, and replace public utility infrastructure within the designated easement area. Recording the easement will also provide public notice of the City’s rights and ensure those rights remain in effect if the property is sold or transferred.

Staff recommends that the City Council accept the Grant of Easement, authorize the City Manager to execute the Certificate of Acceptance, and direct the City Clerk to record the documents with the San Bernardino County Recorder’s Office.

Fiscal Impacts:

This action will not have a financial impact to the City.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. City of Colton Easement for Public Utilities_East Cooley, LLC

23152.06160\43871404.1

1 RECORDING REQUESTED BY

WHEN RECORDED RETURN TO:

CITY OF COLTON
650 N. La Cadena Drive
Colton, CA 92324
Attn: Public Utilities

FREE RECORDING:

This instrument is for the benefit of City of Colton, and is entitled to be recorded without fee or tax. (Govt. Code 6103, 27383 and Rev. & Tax Code 11922)

Portion of APN: 0276-144-26-0000 Above Space for Recorder’s Use

GRANT OF EASEMENT
(Public Utilities)

_East Cooley, LLC , A California Limited Liability Company __________ (“Grantor”), FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, hereby grants to CITY OF COLTON , a California municipal corporation (“Grantee”), its successors and assigns, a public utility easement to construct, operate, use, maintain, alter, add to, reconstruct, enlarge, repair, renew, replace, inspect, improve, relocate and/or remove, at any time and from time to time, overhead and underground electrical systems and communication and communication systems, hereinafter called “systems”, consisting of poles, guys and anchors, cross arms, wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for conveying electric energy to be used for light, heat, power and for transmitting intelligence by electric means and/or other purposes, in, over, on, under, across and along a portion of that certain real property, the “Easement Area”, in the City of Colton, County of San Bernardino , State of California, more particularly described and depicted as follows:

Said land is more particularly described and depicted on Exhibit A attached hereto and by this reference made a part hereof.

Grantor hereby also grants to Grantee, its successors and assigns, and its and their contractors, agents, and employees, the right to free access to the Easement Area and every part thereof, at all times, for the purpose of exercising the rights herein granted. Grantee and its successors and assigns shall, except in case of emergency, give Grantor prior notice before entering onto the Easement Area for construction, maintenance or repair of the systems. Grantor shall give Grantee prior written notice of any activity planned on the Easement Area which could impact Grantee’s facilities or use of the Easement Area.

The terms, covenants and conditions of this Grant of Easement shall bind and inure to the benefit of the successors and assigns of Grantee and the successors and assigns of Grantor.

23152.06160\43871404.1

2 IN WITNESS WHEREOF, GRANTOR has caused to be affixed hereto and this instrument to be executed by its duly authorized officer.

DATED: July 23, 2026 GRANTOR:

Ching Liu
Manager
East Cooley, LLC
A California Limited Liability Company

46700.10305\43370621.2

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the docu ment to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF SAN BERNARDINO
On , 2026, before me, ,

personally appeared ,

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

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

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL

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

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document

Signer(s) Other Than Named Above

23152.06160\43871404.1

Exhibit 1

EXHIBIT “A” TO GRANT OF EASEMENT

LEGAL DESCRIPTION OF PUBLIC UTILITY EASEMENT
Real property in the City of Colton, County of San Bernardino , State of California, described as follows:

APN: 0276-144-26-0000
Address: 1250 E. Cooley Drive, Colton, CA 92324

[See Attached]

23152.06160\43871404.1

CITY OF COLTON

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant of Easement to which this Certificate of Acceptance is attached,

from: ______________________________________________________, (“Grantor”)

to: CITY OF COLTON, a California municipal corporation (“Grantee”)

is hereby accepted by the undersigned officer on behalf of Grantee pursuant to authority conferred by the Gr antee’s governing body , and Grantee hereby consents to recordation of said Grant of Easement.

Dated: ________________________ CITY OF COLTON , a California municipal corporation

By: ____________________________________
William R. Smith
City Manager

BACK UPGENERATORELECTRICALTRANSFORMER
10'-0"
10'-0"
10'-0"8'-0"3'-0"3'-0"3'-0"
(E)DRIVEWAY PROPERTY LINE
PROPERTY LINE 00.00'678 2425
10' EASEMENT FROM PUBLIC RIGHT OF WAY
NORTH

EXISTING BUILDING

WIRE ROUTEWIRE ROUTE
1250 COOLEY DRIVECOLTON, CA 92324

EXHIBIT A
APN 0276-144-26EASEMENT AREA

PROPERTY LINE

Item: 14.

Staff Report

Meeting Date: August 18, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Deb Farrar, Director
Item Name: Notice of Completion - Approve the Execution and Recordation of the Notice of Completion for the Dauer Park Playground project completed by Great Western Installations, Inc.

Recommended Action:

1. Accept the Rich Dauer Park Playground Renovation Project as complete.

2. Authorize the City Clerk to file the Notice of Completion with the San Bernardino County Recorder.

Background:

Rick Dauer Park is a 2.25-acre neighborhood park located at 951 Torrey Pines Drive on the southeast side of the City of Colton. Prior to renovation, the playground had remained largely unchanged since its original installation in 1995 and had reached the end of its useful life. The aging playground equipment no longer met the community's expectations for accessibility, inclusivity, or modern recreational standards.

In June 2025, the City Council awarded a construction contract to Great Western Installations, Inc. following a competitive procurement process to replace the existing playground with a modern, inclusive play environment. The selected design incorporated ADA-accessible features, developmentally appropriate play equipment, improved safety surfacing, and amenities intended to serve children of varying ages and abilities. The project was funded through State Local Assistance Grant funds secured by Assembly Member Eloise Gómez Reyes, supplemented by American Rescue Plan Act (ARPA) funding approved by the City Council.

Construction began in the fall of 2025 and was completed in December 2025. The renovated playground has since become a popular destination for neighborhood families and represents

another step in the City's ongoing investment in improving parks and recreational facilities throughout Colton.

Issues/Analysis:

The Dauer Park Playground Renovation transformed an aging playground into a modern recreational space that better serves the needs of today's families. The completed improvements include new playground equipment for multiple age groups, accessible play components, updated swings, resilient safety surfacing, and inclusive features that encourage physical activity, social interaction, and imaginative play. These improvements provide a safer and more welcoming environment while supporting the City's commitment to equitable recreational opportunities for all residents.

On Tuesday, July 21, 2026, a representative from the California Department of Grants and Local Services conducted a final site visit to verify completion of the project and confirm compliance with the requirements of the State Local Assistance Grant. The inspection concluded that the project had been completed in accordance with the approved scope of work, satisfying the State's grant requirements and allowing the City to proceed with formal project closeout.

City staff have also completed their final inspection and determined that all work has been performed in accordance with the approved plans and specifications. All contract requirements have been satisfied. Approval of the Notice of Completion is the final administrative step in closing out the construction contract. Filing the Notice of Completion with the San Bernardino County Recorder begins the statutory lien period required under California Civil Code and formally documents completion of the public works project.

The completion of the Dauer Park Playground continues the City's investment in modernizing neighborhood parks and replacing aging recreational infrastructure. Together with other recent park improvements, this project provides families with safe, attractive, and accessible public spaces that improve quality of life and strengthen neighborhood connections.

Fiscal Impacts:

There is no additional fiscal impact associated with acceptance of the project or filing the Notice of Completion. The project was completed within the approved project budget utilizing State Local Assistance Grant funding in the amount of $485,000 and General Funds that were previously designated American Rescue Plan Act (ARPA) funding of $29,655.43, as previously authorized by the City Council.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. PO-Great Western Installations, Inc

2. Dauer Park Playground Completion Photos

3. Exhibit A- Notice of Completion .DAUER

Dauer Park Playground Renovation – 2025

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO

Name: City of Colton

Street 650 N. La Cadena Drive
Address

City & Colton, California
State California
Zip 92324

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

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

2. The full name of the undersigned is Debra Farrar

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

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

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

Names Addresses

N/A N/A

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

Names Addresses

N/A N/A

7. A work of improvements on the property hereinafter described was completed on December 31, 2025

8. The name of the original contractor, if any, for the work of improvement was GREAT WESTERN INSTALLATIONS The kind of work done or material furnished was PLAYGROUND EQUIPMENT AND INSTALLATION.

9. The property on which the work of improvement was completed is in the CITY OF COLTON, County of SAN BERNARDINO, State of California, and is described as follows: RICH DAUER PARK

PLAYGROUND RENOVATION

The street address of the said property is 951 Torrey Pines Drive, Colton CA, 92324 (APN is not applicable)

Dated: ______________________________________(Signature) Debra Farrar, Director of Community Services

VERIFICATION
I, the undersigned say:

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

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

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

____________________________________
(SIGNATURE)

Item: 15.

Staff Report

Meeting Date: August 18, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Purchase - Approval of Annual Purchase Orders for Water and Wastewater Materials and Supplies for Fiscal Year 2026-27 in the amount of $360,000.

Recommended Action:

1. Approve Purchase Orders for as-needed water and wastewater materials and supplies with Core & Main, Ferguson Waterworks, Western Waterworks Supply Company and Yardley Orgill Co, dba Yo Fire for a combined amount not to exceed $360,000 for Fiscal Year 2026-27.

2. Determine that it is in the City's best interest to waive the formal competitive procurement requirements pursuant to Colton Municipal Code Section 3.08.140(E) and

3.08.140(N), as applicable.

Background:

The Water and Wastewater Divisions routinely purchase materials and supplies necessary to repair, maintain, and operate the City’s water distribution, water production, wastewater collection, and wastewater treatment systems. These materials include pipe, valves, fittings, repair clamps, meters, hydrant materials, sewer materials, electrical components, replacement parts, and other specialized utility supplies.

Many of these purchases are recurring and time-sensitive and over the course of the year the total amount purchased from each vendor will exceed the City Manager's signature authority of $50,000 and necessitate Council approval to increase the purchase order limit. Materials may be needed for scheduled maintenance, emergency repairs, service line repairs, water main breaks, sewer backups, pump station repairs, treatment facility repairs, and other unanticipated operational needs.

Core & Main, Ferguson Waterworks, Western Water Works, and Yo Fire are established

suppliers that routinely provide specialized materials used by the City’s Water and Wastewater Divisions. These vendors maintain local or regional inventories, are familiar with the materials used in the City’s systems, and are able to provide timely service for routine and urgent operational needs.

Issues/Analysis:

The Water and Wastewater Divisions routinely purchase time-sensitive materials for repairs, maintenance, and projects. Obtaining multiple quotes for each purchase can delay work and require significant staff time. Traditionally, Staff would prefer to establish a formal market- basket bid sheet where vendors provide guaranteed 12-month pricing for various parts and then staff could go to any pre-approved vendor that has the product needed in a timely fashion and not have to obtain three quotes each time. However, since COVID, vendors are unwilling to hold pricing for more than 30 to 60 days because of changing manufacturer costs, material availability, and market conditions. Therefore, Staff is proposing City Council approve a maximum spending authority of $360,000 to be spread over multiple purchase orders for four water and sewer parts supply vendors commonly used on a daily basis by the Water and Wastewater Divisions.

Pursuant to Colton Municipal Code Section 3.08.140(E), the City Manager may determine that the purpose of competitive bidding is otherwise accomplished and that use of an alternative procurement procedure is in the best interest of the City, and Colton Municipal Code Section

3.08.140(N) under cooperative purchasing agreements, as applicable. Because the recommended purchase order authority exceeds the City Manager's authority, City Council concurrence is required.

The proposed annual purchase orders will allow staff to obtain needed materials from qualified suppliers while selecting the best overall value for each operational need. In addition to price, staff will follow the City's Procurement Manual guidance and consider material availability, delivery time, supplier location, compatibility with existing infrastructure, vendor reliability, freight costs, and the urgency of the repair or project. These factors help avoid extended service interruptions, delayed repairs, and unnecessary labor or equipment costs.

The purchase orders will establish not-to-exceed amounts for each vendor and are not guaranteed expenditures. Purchases will be made only as needed and charged to approved budget accounts.

The purchase orders are intended primarily for larger, specialized, or project-specific materials that cannot be feasibly stocked in the City’s central warehouse. Staff will continue to coordinate with the Purchasing Department for recurring materials that can be efficiently purchased, stored, and issued through the warehouse.

The proposed vendor-specific purchase order amounts are as follows:

Vendor Not-to-Exceed PO Amount
Core & Main $100,000.00
Ferguson Waterworks $100,000.00
Western Waterworks Supply Company $100,000.00
Yardley Orgill Co Inc dba: Yo Fire $60,000.00

Total Amount $360,000.00

Fiscal Impacts:

The recommended action will establish a combined annual spending authority not to exceed $360,000. This amount is not a guaranteed expenditure. Actual purchases will be made only as needed and charged to the appropriate Water and Wastewater operating budget. Sufficient appropriations are included in FY 2026/27 adopted budgets in the following accounts:

Department/Division Account Number Total Amount
Water (Water Distribution) 521-8100-8101-2301-0000-000 $ 175,000.00 Water (Water Production) 521-8100-8101-2411-0000-000 $ 105,000.00 Wastewater (Plant Operations) 522-8200-8200-2255-0000-000 $ 40,000.00 Wastewater (Collection
System)
522-8200-8200-2255-0000-000 $ 40,000.00

Alternatives:

Provide alternative direction to staff.

Attachments:

None

Item: 16.

Staff Report

Meeting Date: August 18, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Resolution - Approve and Adopt Resolutions of the City Council of Colton, California Ordering the Levy and Collection of Assessments for the Colton Landscape and Lighting Maintenance Assessment District No. I & II for Fiscal Year 2026-27, and Approve and Adopt Resolution Approving the Basic Fee for Storm Water Services and the Storm Water Management User Fee for Fiscal Year 2026-27, Resolution No. R-77-26, R-78-26, & R-79-26.

Recommended Action:

1. Approve Resolution No. R-77-26, approving and ordering of the levy and collection of assessments for LLMD I for Fiscal Year 2026-27; and

2. Approve Resolution No. R-78-26, approving and ordering of the levy and collection of assessment for LLMD II for Fiscal Year 2026-27; and

3. Approve Resolution No. R-79-26, approving the basic fee for storm water services and the storm management user fee for Fiscal Year 2026-27 as provided for in Ch.

14.01 of the Colton Municipal Code

Background:

On July 21, 2026, the City Council of the City of Colton approved and adopted the following resolutions via a formal Public Hearings to ensure the City collects revenues necessary to fund the LLMD’s as well as the City’s NPDES Storm Water Program:

Landscape and Lighting Maintenance District I:

1. Resolution No. R-61-26, approving the final Engineer’s Report for LLMD I for Fiscal Year 2026/2027; and

2. Resolution No. R-62-26, approving and ordering of the levy and collection of assessments for LLMD I for Fiscal Year 2026/2027; and,

Landscape and Lighting Maintenance District II:

1. Resolution No. R-63-26, approving the final Engineer’s Report for LLMD II for Fiscal Year 2026/2027; and

2. Resolution No. R-64-26, approving and ordering of the levy and collection of assessments for LLMD II for Fiscal Year 2026/2027; and

Stormwater Basic Fee and Storm Management User Fee:

1. Resolution No. R-65-26, approving the Basic Fee for Storm Water Services and the Storm Water Management User Fee for Fiscal Year 2026/2027, as provided for in Chapter 14.01 of the Colton Municipal Code.

Issues/Analysis:

San Bernardino County has implemented a new review requirement affecting agencies throughout the County that wish to issue levies to property owners via County tax rolls. As a result, the previously submitted approved resolutions from July 21, 2026, were rejected by the County because the Resolutions must now include additional authorization language regarding County administrative fees, which explicitly directs the San Bernardino County Auditor- Controller/Treasurer/Tax Collector to place such fees on the annual tax roll. Therefore, staff has worked with City Attorney's Office to draft new resolutions that include the additional language required by the County.

Fiscal Impacts:

There is no fiscal impact for adopting these resolutions.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. Resolution No. R-77-26 (Ordering the Levy) - LLMD I

2. Resolution No. R-78-26 (Ordering the Levy) - LLMD II

3. Resolution No. R-79-26 (Stormwater Fee Approval)

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RESOLUTION NO. R-77-26

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

ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. I 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. I (“District”), declared its intention to levy assessments for Fiscal Year 2026/2027, and approved the 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, Division 15 of the California Streets and Highways Code, (commencing with section 22500) (“Act”) to pay for the maintenance and 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 of 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; and

WHEREAS, the City Council conducted the noticed public hearing pursuant to state law on July 21, 2026 to authorize the Fiscal Year 2026-27 annual levy enrollment, at the request of the San Bernardino County Auditor-Controller/Treasurer/Tax Collector, the City is required to adopt this Resolution with additional language directing the County to complete the levy enrollment and authorizing the deduction of the County’s administrative charges; there are no other changes contained in this Resolution.

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,

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• 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.

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 the 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 2, Section 22646 of the Act.

Section 6 The County of San Bernardino Auditor-Controller/Treasurer/Tax Collector is hereby directed to place the assessments on the Fiscal Year 2026-27 property tax roll along with the ordinary ad valorem property taxes and 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 hereby authorizes the total amount of the assessment, which includes applicable County of San Bernardino administrative and processing fees, to be placed on the San Bernardino County Auditor-Controller/Treasurer/Tax Collector annual tax roll and collected in the same manner as ordinary property taxes.

Section 8 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. I, and such money shall be expended only for the maintenance, operation and servicing of the improvements described in the Engineer’s Report.

Section 9 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 18 TH DAY OF AUGUST 2026

_______________________________
Frank J. Navarro
Mayor
ATTEST:

__________________________________
Isaac T. Suchil
City Clerk

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RESOLUTION NO. R- 78 -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; and

WHEREAS, the City Council conducted the noticed public hearing pursuant to state law on July 21, 2026 to authorize the Fiscal Year 2026-27 annual levy enrollment, at the request of the San Bernardino County Auditor-Controller/Treasurer/Tax Collector, the City is required to adopt this Resolution with additional language directing the County to complete the levy enrollment and authorizing the deduction of the County’s administrative charges; there are no other changes contained in this Resolution.

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,

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• 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.

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 of San Bernardino Auditor-Controller/Treasurer/Tax Collector is hereby directed to place the assessments on the Fiscal Year 2026-27 property tax roll along with the ordinary ad valorem property taxes and 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 hereby authorizes the total amount of the assessment, which includes applicable County of San Bernardino administrative and processing fees, to be placed on the San Bernardino County Auditor-Controller/Treasurer/Tax Collector annual tax roll and collected in the same manner as ordinary property taxes.

Section 8 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 9 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 18 TH DAY OF AUGUST 2026.

_______________________________
Frank J. Navarro
Mayor
ATTEST:

__________________________________
Isaac T. Suchil
City Clerk

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RESOLUTION NO. R- 79 -26

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

APPROVING THE BASIC FEE FOR STORM WATER SERVICES AND THE STORM WATER MANAGEMENT USER FEE FOR FISCAL YEAR 2026/2027 AS PROVIDED FOR IN CHAPTER 14.01 OF THE COLTON MUNICIPAL CODE.

WHEREAS, Section 14.01.050 of the Colton Municipal Code authorizes the City Council to establish a Basic Fee for Storm Water Services and a Storm Water Management User Fee in accordance with the formula established in that Section

14.01.050; and

WHEREAS, after consideration of factors necessary to establish a Basic Fee for Storm Water Services and the Storm Water Management User Fee at a duly noticed public hearing, the City Council has e stablished the Basic Fee for Storm Water Services and the Storm Water Management User Fee by Resolution R-89-96; and

WHEREAS, the basic fee and formula of the established Storm Water Management Fee remain unchanged and San Bernardino County land use code s now apply; and

WHEREAS, the City Council conducted the noticed public hearing pursuant to state law on Ju ly 21, 2026 to authorize the Fiscal Year 2026 -27 annual levy enrollment, at the request of the San Bernardino County Auditor- Controller/Treasurer/Tax Collector, the City is required to adopt this Resolution with additional language directing the County to complete the levy enrollment and authorizing the deduction of the County’s administrative charges; there are no other changes contained in this Resolution.

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

SECTION 1 The Basic Fee for Storm Water Services and the Storm Water Management User Fee authorized pursuant to Section 14.01 .050 of the Colton Municipal Code shall be based upon land use and parcel size as they relate to the generation of Storm Water runoff as set forth in the table attached hereto and incorporated herein by this reference as Exhibit “A”.

SECTION 2 The County of San Bernardino Auditor -
Controller/Treasurer/Tax Collector is hereby directed to place the fees on the Fiscal Year 2026-27 property tax roll along with the ordinary ad valorem property taxes.

SECTION 3 The fees set forth on Exhibit “A” are hereby imposed on all properties within the City.

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SECTION 4 The City hereby authorizes th e total amount of the fee , which includes applicable County of San Bernardino administrative and processing fees, to be placed on the San Bernardino County Auditor-Controller/Treasurer/Tax Collector annual tax roll and collected in the same manner as ordinary property taxes.

PASSED, APPROVED AND ADOPTED this 18th day of August 2026.

_______________________________
FRANK J. NAVARRO
Mayor
ATTEST:

_____________________________
ISAAC T. SUCHIL
Deputy City Clerk

FY 2025-26 Rate: $24.13 per Basic Benefit Unit (BBU)
FY 2026-27 Rate: $24.13 per Basic Benefit Unit (BBU)
Stormwater Management Use Fee Equals: (BBU Rate) x (No. of BBUs per Billed Parcel) Basic Benefit Unit (BBU) Calculation (a)
1) Single Family Residential Land Use (Stormwater Group C) a. Parcel Size of 0.1667 Acres or Less: 1.0 BBU Regardless of Specific Acreage: Runoff Factor is 0.40 b. Parcel Size Portion 0.167 to 2.50 Acres: Runoff Factor is 0.0067 BBU equals 1.0 + (Parcel Acreage - 0.167 Acres) x 0.10
c. Parcel Size Portion Greater Than 2.5 Acres: Runoff Factor is 0.0033 BBU equals 1.23 + (Parcel Acreage - 2.5 Acres) x 0.05
2) Other (All Other Land Use Codes and Stormwater Groups ) Number of BBUs equals Parcel Size in Acres x BBUs per Acre per Stormwater Group (as listed below) Runoff
Coefficient (b)
Basic Benefit
Units per Acre
Group A - Commercial/Industrial 0.80 12.00
Group B - Multi-family Dwellings, 0.60 9.00
Churches and Schools
Group C - Single Family Residential
Group D - Agriculture/Govern/Public 0.000 0.00
Group E - Golf Courses/Cemeteries 0.0067 0.10
Group F - Vacant/Undeveloped 0.0033 0.05
No parcel is charged for fees less than $1.
(a) The BBU calculation is based on the County Flood Control Division allocation method for County-wide communities. The BBU is based on a typical Single Family Residential parcel of 0.167 acres. (b) The land use runoff coefficients are based on NPDES program criteria by County Flood Control, on City property.

EXHIBIT A
STORMWATER FEES - FY 2026-27
Stormwater Group Description San Bernardino County L and Use Code Varies - See (1) Above
100, 101, 102, 103, 104, 105, 106, 107, 109,
110, 111, 112, 113, 114, 115, 116, 117,
118, 119, 140, 141, 142, 143, 150, 151, 152,
153, 161, 162, 163, 164, 170, 171, 172, 173,
174, 180, 210, 211, 212, 230, 231, 232, 233,
235 251, 252, 300, 301, 302, 303, 304, 305,
306, 307, 308, 309, 310, 311, 312, 313, 314,
315, 316, 320, 321, 322, 330, 331, 332, 333,
334, 340, 341, 342, 343, 344, 345, 346, 347,
350, 351, 352, 353, 354, 360, 361, 362, 363,
364, 365, 370, 371, 372, 373, 374, 375, 376,
377, 378, 379, 380, 381, 382, 383, 384, 385,
387, 388, 390, 391, 392, 393, 399, 435, 799,
812, 813, 814, 815, 816, 817, 819, 823, 824,
825, 826, 827, 829, 834, 835, 836, 837, 839,
845, 846, 847, 849, 856, 857, 859, 867, 869,
879, 888, 907, 950, 951, 953
001, 335, 336, 337, 389, 400, 470, 471, 472,
473, 474, 475, 476, 477, 478, 479, 480, 481,
482, 483, 520, 521, 522, 523, 524, 525, 526,
530, 531, 532, 600, 601, 602, 603, 604, 605,
610, 611, 612, 613, 620, 621, 622, 623, 630,
631, 640, 641, 642, 643, 650
510, 511, 512, 513, 514, 533, 534, 535, 599
002, 003, 160, 236, 253, 348, 420, 421, 430, 431,
432, 433, 434, 436, 701, 702, 710, 711, 712, 713,
714, 720, 721, 722, 730, 731, 732, 733, 734, 735,
736, 737, 750, 751, 752, 753, 760, 761, 762, 763,
764, 765, 766, 767, 768, 769, 770, 771, 772, 773,
774, 775, 776, 778, 900, 901, 902, 903, 904, 905,
906, 952, 908, 999
385, 386, 410, 411
000, 004, 041

Land Use Code
SW
Group BBU/Acre Land Use Total Acres Total Parcels Total Fees (1)(2)(3) 0000 F 0.05 Vacant Land 2,009.05 379.00 1,804.15
0001 B 9.00 MH Subdivision Lot 1.71 19.00 371.45
0002 D 0.00 Water Well Site 2.21 1.00 0.00
0003 D 0.00 Improvements Associated APN 31.36 29.00 0.00 0004 F 0.05 Unimproved Cemetery Land 39.01 11.00 45.89
0100 A 12.00 Storage Warehouse 72.34 69.00 20,339.32
0101 A 12.00 Distribution Warehouse 278.28 26.00 80,577.8 9 0102 A 12.00 Transit Warehouse 4.24 2.00 1,227.73
0103 A 12.00 Mini-Storage Warehouse 6.90 3.00 1,997.96
0104 A 12.00 Storage Building 10.07 8.00 2,915.87
0105 A 12.00 Lumber Storage 0.77 1.00 222.96
0106 A 12.00 Storage Yard 15.79 2.00 4,572.15
0107 A 12.00 Cold Storage Facility 50.75 4.00 14,695.18 0109 A 12.00 Industrial Flex 9.10 4.00 2,634.99
0110 A 12.00 Industrial Loft 36.28 13.00 10,505.23
0111 A 12.00 Industrial Condo 0.71 7.00 205.59
0112 A 12.00 Engineering/Research Lab 5.05 1.00 1,462.28 0113 A 12.00 Light Industrial 231.97 79.00 67,168.38
0114 A 12.00 Heavy Industrial 38.62 2.00 11,182.81
0115 A 12.00 Food Processing 35.99 5.00 10,419.82
0161 A 12.00 Electric Power Plant 12.24 2.00 0.00
0171 A 12.00 Water Distribution Systems 0.01 1.00 2.90
0210 A 12.00 General Office 56.79 57.00 14,000.24
0211 A 12.00 Bank, S&L 2.73 5.00 790.50
0230 A 12.00 Medical Office 15.32 14.00 3,611.38
0231 A 12.00 Dental Office 0.00 0.00 0.00
0235 A 12.00 Outpatient Surgical Center 2.17 1.00 628.35 0253 D 0.00 Mortuary 29.08 1.00 0.00
0300 A 12.00 Retail Store 39.49 84.00 11,399.14
0301 A 12.00 Retail Warehouse 9.70 4.00 2,808.15
0302 A 12.00 Discount Store 30.21 5.00 8,747.62
0303 A 12.00 Department Store 0.00 0.00 0.00
0304 A 12.00 Retail Strip 32.51 29.00 9,413.02
0305 A 12.00 Shopping Center 13.42 3.00 3,885.90
0308 A 12.00 Barber/Beauty Shop 0.14 1.00 40.54
0310 A 12.00 Dairy Sales 0.00 0.00 0.00
0312 A 12.00 Convenience Store 1.06 3.00 306.93
0313 A 12.00 Convenience Store w/Gas 10.97 13.00 3,175.90 0314 A 12.00 Market 2.79 10.00 807.88
0315 A 12.00 Supermarket 21.42 6.00 6,202.95
0320 A 12.00 Fast Food 20.56 36.00 5,954.20
0321 A 12.00 Restaurant 7.57 14.00 2,191.97
0322 A 12.00 Bar, Tavern 1.90 2.00 550.16
0330 A 12.00 Hotel 8.34 4.00 2,414.06
0331 A 12.00 Motel 4.89 5.00 1,415.94
0334 A 12.00 Convalescent Hospital 9.49 1.00 2,747.63
0337 B 9.00 Assisted Living Facility 1.26 1.00 274.29
0340 A 12.00 Car Lot 1.70 6.00 492.25
0341 A 12.00 Auto Showroom 3.09 2.00 894.74
0342 A 12.00 Auto Dealership (Sales, Svc) 26.13 8.00 7,56 6.21 0343 A 12.00 Service Station 1.01 3.00 292.46
0344 A 12.00 Service Garage 18.63 32.00 5,394.51
0345 A 12.00 Mini-lube Garage 1.28 2.00 370.64
0346 A 12.00 Car Wash, Coin-op 1.20 4.00 347.47
0347 A 12.00 Car Wash, Automatic 0.38 1.00 110.03
0348 D 0.00 Truck Wash 0.00 0.00 0.00
0350 A 12.00 Parking Lot 19.33 28.00 5,597.50
0351 A 12.00 Auto Storage Yard 3.30 4.00 955.54
0376 A 12.00 Handball/Racquetball 0.00 0.00 0.00
0386 E 0.10 Golf Course 52.00 1.00 125.48
0388 A 12.00 Clubhouse 3.18 6.00 920.81
0389 B 9.00 Fraternal/Veterans Organization 0.84 2.00 182 .42

CITY OF COLTON
FY 2026-2027 STORMWATER MANAGEMENT FEES

Land Use Code
SW
Group BBU/Acre Land Use Total Acres Total Parcels Total Fees (1)(2)(3)

CITY OF COLTON
FY 2026-2027 STORMWATER MANAGEMENT FEES
0391 A 12.00 Amusement/Theme Park 5.50 3.00 1,592.58
0393 A 12.00 Travel Center 4.40 1.00 1,274.06
0400 B 9.00 Religious Structure 39.78 37.00 8,639.04
0410 E 0.10 Cemetery 47.06 7.00 110.53
0470 B 9.00 Educational 6.28 6.00 1,363.82
0471 B 9.00 Pre-School/Day Care Center 0.18 1.00 39.09
0472 B 9.00 Elementary School 3.81 5.00 827.42
0474 D 0.00 College/County of San Bernardino 11.24 3.00 1 ,384.67 0510 C Varies Detached SFR 1,701.75 8,609.00 208,638.50 0511 C Varies Recreational Desert/Mtn Cabin 0.20 1.00 24. 21 0514 C Varies Residence on Commerical 20.34 102.00 2,472. 38 0520 B 9.00 MH on Fee Land, Not in MH Subdivision 0.17 1 .00 36.92 0522 B 9.00 MH, In-Park (Leased Land) 3.94 132.00 0.00
0523 B 9.00 MH Accessories, In-Park (Leased Land) 0.00 0 .00 0.00 0524 B 9.00 MH, Dealer Inventory 0.00 0.00 0.00
0525 B 9.00 MH (525) 0.18 2.00 39.10
0526 B 9.00 MH Permanent Foundation 23.59 243.00 5,124.15 0530 B 9.00 Condo 13.63 668.00 2,958.75
0531 B 9.00 PUD 15.56 356.00 3,378.72
0532 B 9.00 PUD, Deminimus 11.19 139.00 2,429.91
0599 C Varies Misc Residential Structure 39.80 9.00 201.5 0 0600 B 9.00 Two SFR 61.91 256.00 13,445.09
0601 B 9.00 Three SFR 3.63 9.00 788.75
0602 B 9.00 Four SFR 2.08 6.00 451.71
0603 B 9.00 Duplex 20.19 106.00 4,384.76
0604 B 9.00 Triplex (true or combination) 11.15 53.00 2,3 91.93 0605 B 9.00 Quad (true or combination) 21.15 86.00 4,593. 75 0610 B 9.00 Multi-SFR, 5-14 Units 1.37 5.00 297.53
0611 B 9.00 Apartment, 5-14 Units 8.36 20.00 1,815.36
0621 B 9.00 Apartment, 15+ Units 126.33 23.00 27,039.84 0623 B 9.00 Senior Citizen APT, 15 Units AND UP 3.23 1.0 0 701.46 0631 B 9.00 Gov't Assisted Apt (HUD, 236, Etc.) 31.49 5. 00 6,838.68 0640 B 9.00 Rectory/Convent 0.34 1.00 73.84
0650 B 9.00 Manufactured Home Park 84.18 6.00 18,281.37 0799 A 12.00 Miscellaneous Ag Building 0.23 1.00 66.60
0813 A 12.00 Industrial/Commercial 6.67 2.00 1,931.36
0835 A 12.00 Commercial/Single Family Residential 0.13 1 .00 37.64 0836 A 12.00 Commercial/Multi Family 0.17 1.00 49.23
0903 D 0.00 Common Area, Greenbelt 5.17 19.00 0.00
0904 D 0.00 Miscellaneous 5.10 14.00 0.00
0905 D 0.00 Common Area, Street 2.01 10.00 0.00
0908 D 0.00 Common Area, C/I 0.17 2.00 0.00
0999 D 0.00 Check 99.27 6.00 0.00
0118 A 12.00 6.59 5.00 1,908.21
TOTALS
5,795.84 12,029 $662,601.82
(3) Charge Roll on file with City Clerk.
(1) Slight variance due to rounding.
(2) The information provided is subject to change as a result of parcel changes and updates received from the County. The totals above include all parcels in the District (charged and not charge parcels)

APN SITUS ADDRESS TAXABLE

ACREAGE

COUNTY LAND
USE
GROUP
DESCRIPTION CHARGE ($)
0160-011-04-0000 2163 PENNSYLVANIA AVE 0.99 0510 C $26.12 0160-011-06-0000 519 FUR ST 0.37 0510 C 24.62
0160-011-07-0000 527 FUR ST 0.62 0510 C 25.22
0160-011-08-0000 529 FUR ST 0.50 0510 C 24.93
0160-011-09-0000 533 FUR ST 0.50 0510 C 24.93
0160-011-10-0000 539 FUR ST 0.50 0510 C 24.93
0160-011-11-0000 545 FUR ST 0.50 0510 C 24.93
0160-011-19-0000 2169 PENNSYLVANIA AVE 0.33 0600 B 71.67 0160-011-22-0000 2179 PENNSYLVANIA AVE 0.33 0510 C 24.52 0160-011-25-0000 501 FUR ST 0.16 0510 C 24.13
0160-011-26-0000 511 FUR ST 0.16 0510 C 24.13
0160-011-27-0000 551 FUR ST 0.20 0510 C 24.21
0160-011-29-0000 549 FUR ST 0.20 0510 C 24.21
0160-011-33-0000 2195 PENNSYLVANIA AVE 0.33 0510 C 24.52 0160-011-34-0000 2187 PENNSYLVANIA AVE 0.33 0510 C 24.52 0160-011-35-0000 557 FUR ST 0.42 0510 C 24.74
0160-012-04-0000 550 FUR ST 0.24 0510 C 24.31
0160-012-05-0000 548 FUR ST 0.24 0510 C 24.31
0160-012-06-0000 546 FUR ST 0.24 0510 C 24.31
0160-012-07-0000 544 FUR ST 0.24 0510 C 24.31
0160-012-09-0000 540 FUR ST 0.24 0510 C 24.31
0160-012-13-0000 585 W MILL ST 0.24 0510 C 24.31
0160-012-14-0000 605 W MILL ST 0.24 0510 C 24.31
0160-012-15-0000 609 W MILL ST 0.24 0510 C 24.31
0160-012-18-0000 510 FUR ST 0.24 0510 C 24.31
0160-012-19-0000 573 W MILL ST 0.24 0510 C 24.31
0160-012-21-0000 2131 PENNSYLVANIA AVE 0.16 0510 C 24.13 0160-012-23-0000 2123 PENNSYLVANIA AVE 0.16 0510 C 24.13 0160-012-24-0000 549 W MILL ST 0.16 0510 C 24.13
0160-012-25-0000 561 W MILL ST 0.16 0510 C 24.13
0160-012-26-0000 2139 PENNSYLVANIA AVE 0.16 0510 C 24.13 0160-012-27-0000 2147 PENNSYLVANIA AVE 0.16 0510 C 24.13 0160-012-28-0000 542 FUR ST 0.24 0510 C 24.31
0160-012-29-0000 597 W MILL ST 0.24 0510 C 24.31
0160-012-30-0000 635 W MILL ST 0.24 0510 C 24.31
0160-012-31-0000 615 W MILL ST 0.24 0510 C 24.31
0160-012-37-0000 560 FUR ST 0.19 0510 C 24.19
0160-012-38-0000 564 FUR ST 0.32 0510 C 24.50
0160-012-40-0000 547 W FUR ST 0.24 0510 C 24.31
0160-012-41-0000 554 FUR ST 0.24 0510 C 24.31
0160-012-42-0000 675 MILL ST 0.24 0510 C 24.31
0160-012-43-0000 655 MILL ST 0.24 0510 C 24.31
0160-021-01-0000 413 W MILL ST 0.19 0510 C 24.19
0160-021-02-0000 425 W MILL ST 0.19 0510 C 24.19
0160-021-03-0000 437 W MILL ST 0.19 0510 C 24.19
0160-021-04-0000 449 W MILL ST 0.19 0510 C 24.19
0160-021-05-0000 461 W MILL ST 0.19 0510 C 24.19
0160-021-06-0000 471 W MILL ST 0.19 0510 C 24.19
0160-021-07-0000 485 W MILL ST 0.22 0510 C 24.26
0160-021-08-0000 497 W MILL ST 0.23 0510 C 24.28
0160-021-09-0000 2108 PENNSYLVANIA AVE 0.23 0600 B 49.95 0160-021-10-0000 2124 PENNSYLVANIA AVE 0.22 0510 C 24.26 0160-021-11-0000 2132 PENNSYLVANIA AVE 0.22 0510 C 24.26 City of Colton
Stormwater District
Fiscal Year 2026/27
Preliminary Assessment Roll (Sorted by Assessor Parcel Number) Stormwater District Page 1 of 220

APN SITUS ADDRESS TAXABLE

ACREAGE

COUNTY LAND
USE
GROUP
DESCRIPTION CHARGE ($)
City of Colton
Stormwater District
Fiscal Year 2026/27
Preliminary Assessment Roll (Sorted by Assessor Parcel Number) 0160-021-12-0000 2140 PENNSYLVANIA AVE 0.19 0510 C 24.19 0160-021-13-0000 2148 PENNSYLVANIA AVE 0.19 0510 C 24.19 0160-021-14-0000 2154 PENNSYLVANIA AVE 0.19 0510 C 24.19 0160-021-15-0000 2162 PENNSYLVANIA AVE 0.19 0510 C 24.19 0160-021-16-0000 2170 PENNSYLVANIA AVE 0.19 0510 C 24.19 0160-021-17-0000 2178 PENNSYLVANIA AVE 0.19 0510 C 24.19 0160-021-18-0000 2186 PENNSYLVANIA AVE 0.19 0510 C 24.19 0160-021-19-0000 2196 PENNSYLVANIA AVE 0.19 0510 C 24.19 0160-022-01-0000 313 W MILL ST 0.25 0510 C 24.33
0160-022-02-0000 325 W MILL ST 0.19 0510 C 24.19
0160-022-03-0000 337 W MILL ST 0.19 0510 C 24.19
0160-022-04-0000 349 W MILL ST 0.19 0510 C 24.19
0160-022-05-0000 361 W MILL ST 0.19 0510 C 24.19
0160-022-06-0000 371 W MILL ST 0.19 0510 C 24.19
0160-022-07-0000 385 W MILL ST 0.19 0510 C 24.19
0160-022-08-0000 397 W MILL ST 0.19 0510 C 24.19
0160-031-09-0000 731 JOHNSTON ST 0.20 0510 C 24.21
0160-031-10-0000 735 JOHNSTON ST 0.20 0510 C 24.21
0160-031-11-0000 739 ROBERTA CT 0.25 0510 C 24.33
0160-031-12-0000 743 ROBERTA CT 0.22 0510 C 24.26
0160-031-13-0000 747 ROBERTA CT 0.22 0510 C 24.26
0160-031-14-0000 751 ROBERTA CT 0.26 0510 C 24.35
0160-031-15-0000 755 JOHNSTON ST 0.17 0510 C 24.14
0160-031-16-0000 759 JOHNSTON ST 0.22 0510 C 24.26
0160-031-17-0000 1861 EVELYN CIR 0.15 0510 C 24.13
0160-031-18-0000 1857 EVELYN CIR 0.16 0510 C 24.13
0160-031-19-0000 1853 EVELYN CIR 0.16 0510 C 24.13
0160-031-20-0000 1849 EVELYN CIR 0.16 0510 C 24.13
0160-031-21-0000 1845 EVELYN CIR 0.19 0510 C 24.19
0160-031-22-0000 1856 EVELYN CIR 0.16 0510 C 24.13
0160-031-23-0000 1860 EVELYN CIR 0.19 0510 C 24.19
0160-031-24-0000 1864 EVELYN CIR 0.26 0510 C 24.35
0160-031-25-0000 1868 EVELYN CIR 0.19 0510 C 24.19
0160-031-26-0000 1872 EVELYN CIR 0.16 0510 C 24.13
0160-031-27-0000 1876 EVELYN CIR 0.16 0510 C 24.13
0160-031-28-0000 1880 EVELYN CIR 0.16 0510 C 24.13
0160-031-29-0000 1884 EVELYN CIR 0.16 0510 C 24.13
0160-031-30-0000 1888 EVELYN CIR 0.17 0510 C 24.14
0160-031-37-0000 1904 RANCHO AVE 2.61 0315 A 755.75
0160-031-40-0000 2068 RANCHO AVE 3.10 0304 A 897.64
0160-031-41-0000 RANCHO AVE 1.29 0350 A 373.53
0160-031-42-0000 679 AVENIDA CAPISTRANO 0.10 0510 C 24.13 0160-031-43-0000 685 AVENIDA CAPISTRANO 0.10 0510 C 24.13 0160-031-44-0000 691 AVENIDA CAPISTRANO 0.15 0510 C 24.13 0160-031-45-0000 697 AVENIDA CAPISTRANO 0.11 0510 C 24.13 0160-031-46-0000 696 AVENIDA CAPISTRANO 0.11 0510 C 24.13 0160-031-47-0000 690 AVENIDA CAPISTRANO 0.15 0510 C 24.13 0160-031-48-0000 684 AVENIDA CAPISTRANO 0.10 0510 C 24.13 0160-031-49-0000 678 AVENIDA CAPISTRANO 0.10 0510 C 24.13 0160-031-50-0000 655 AVENIDA CARMEL 0.09 0510 C 24.13
0160-031-51-0000 669 AVENIDA CARMEL 0.10 0510 C 24.13
0160-031-52-0000 671 AVENIDA CARMEL 0.15 0510 C 24.13
0160-031-53-0000 683 AVENIDA CARMEL 0.11 0510 C 24.13
Stormwater District Page 2 of 220