Colton City Council
August 18, 2026

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

David J. Toro – District 1
Kelly J. Chastain – District 2
Dr. Luis S. González – District 3
John R. Echevarria – District 4

City Clerk Isaac T. Suchil
City Treasurer Henry M. Razo

City Manager William R. Smith
City Attorney Carlos Campos

Agenda
City Council
Colton Utility Authority, Colton Public Financing Authority Colton Housing Authority
Regular Meeting
Tuesday, August 18, 2026 – 5:00 PM
City Hall, Council Chambers

Closed Session
5:00 p.m.

Closed Session Called to Order
Roll Call
Public Comment - Closed Session
This is the portion of the meeting specifically set aside to invite your comments regarding Closed Session items. If you wish to address the City Council regarding a Closed Session item, please register to speak using the Public Comment Kiosk before the meeting begins. During the public comment period, the City Clerk will call each speaker by name to approach the podium.

Please begin your public comment by stating your name and your city of residence, then proceed to share the rest of your public comment. You will have a time limit of 3 minutes to complete your public comment; however, the presiding officer does have the authority to exercise discretion to extend or limit time as provided for in the City Council Manual of Procedure.

It is important to remember that the Council is prohibited by law from discussing or taking immediate action on items during this public comment period; If any matter does require action, it will be referred to by staff for investigation and any report will be provided at a subsequent Council meeting. If you would like to submit paperwork to the City Council members, you will also need to provide a copy to the City Clerk for the Official Record. ______________________________________________________________________________

Closed Session
1) Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code Section 54956.9 (d)(1)
Nicole Noel Opal Aboytes and Alfonso Urias Aboytes v. City of Colton San Bernardino County Superior Court, Case No. CIVSB2403483. 2) Conference with Legal Counsel - Potential Litigation Pursuant to Government Code Section 54956.9 (d)(4)
One (1) Potential Case
3) Conference with Labor Negotiators
Pursuant to Government Code Section 54957.6
Agency Designated Representatives: Bill Smith, City Manager, Tom Cody, Director of Human Resources and Risk Management
Employee Groups: Teamsters - General Employees
Teamsters - Mid-Manager Employee Association
International Brotherhood of Electric Workers, Local 47 – Water/Wastewater Division
Colton Police Dispatchers Association (CPDA)
Colton Police Civilian Employee Association (CPCA)
Confidential Employees Group
Executive Employee Group
City Attorney Oral Report on Closed Session Actions
Rules of Decorum
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully. _____________________________________________________________________________________

Open Session
6:00 P.M.

Open Session Called to Order
Invocation
Pastor Peter Tasaka – The Vineyard Church
Flag Salute
Veterans of Foreign Wars (VFW) – Bernie Moyeda
Roll Call
Ceremonial Matters
Presentations, Awards, Proclamations
• 2026 VolunTEEN Recognitions
• Business Focus: Woody's Roadhouse, One-Year Anniversary • SBVMWD - Recognition for Colton Water Conservation (DMI Program) Mayor and Council Items
Gift Disclosures
Prior to rendering a decision in any proceeding involving a license, permit, contract or other entitlement pending before the City Council, any Council Member who has received been promised a gift or gifts aggregating $50.00 or more in value within the preceding twelve months from a party or participant in the proceeding shall disclose that fact either orally or in writing during open session. This disclosure shall be made part of the official public record of the proceeding, either as part of the minutes of the meeting or as a separate writing filed with the city (CMC Section 2.04.030).

AB 1234 Oral Reports
Members of the City Council shall provide brief reports on meetings attended at the expense of the city (GC Section 53232.3(d)).

Appointments
• Appointment - Voting Delegate and Alternate for the Annual League of California Cities Conference — September 23–25, 2026
• Appointment - Youth Commissioner - Recreation & Parks Commission - Kimberly Huerta Mayor and Council Discussion Items
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Public Hearings
There are no Public Hearing items.

Business Items
To speak on business items, it is requested that you register to speak using the Public Comment Kiosk before the meeting begins. Once your name is called you may approach the podium.

Please begin your public comment by stating your name and your city of residence; then proceed to share your public comment. The applicant will be allowed 5 minutes to address the Council, and all other people will be allowed 3 minutes. The presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure. 1) Naming of New Parks - Receive Recommendation from Recreation & Parks Commission to name new Colton Habitat Conservation Park and Sports Complex, Resolution R-74-26.

Staff Person: Deb Farrar
Public Comment - Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments regarding Consent Calendar items or any other general subject. If you wish to address the City Council regarding a Closed Session item, please register to speak using the Public Comment Kiosk before the meeting begins. During the public comment period, the City Clerk will call each speaker by name to approach the podium.

Please begin your public comment by stating your name and your city of residence, then proceed to share the rest of your public comment. You will have a time limit of 3 minutes to complete your public comment; however, the presiding officer does have the authority to exercise discretion to extend or limit time as provided for in the City Council Manual of Procedure.

It is important to remember that the Council is prohibited by law from discussing or taking immediate action on items during this public comment period; If any matter does require action, it will be referred to by staff for investigation and any report will be provided at a subsequent Council meeting. If you would like to submit paperwork to the City Council members, you will also need to provide a copy to the City Clerk for the Official Record.

Consent Calendar
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless council members, staff or the public request that specific items be discussed and/or removed for separate discussions or action. 1) Minutes - Approval of Minutes for the City Council Regular Meeting Held on August 4, 2026, on File in the Office of the City Clerk.

City Clerk: Isaac T. Suchil

2) Warrants - Approve voucher numbers 227609 to 227682 dated 07/09/2026 and totaling $351,334.58; voucher numbers 227683 to 227800 dated 07/16/2026 and totaling $427,758.19; voucher numbers 227801 to 227915 dated 07/23/2026 and totaling $2,799,015.99; wires dated 07/15/2026 and totaling $2,020,766.42 and a payroll disbursement listing dated 06/06/2026 to 06/19/2026 and totaling $1,449,923.29.

Staff Person: Stacey Dabbs
3) Agreement - Approve National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement Santa Ana Region Between the City of Colton, the County of San Bernardino, the San Bernardino County Flood Control District, and 15 Neighboring Jurisdictions.

Staff Person: Chad Blais
4) Bond - Approve Release of the Faithful Performance and Labor & Material Bonds for DAP- 001-683 (Two Industrial Buildings) at 12277 S. La Cadena Dr. – APN: 1167-071-03-0000.

Staff Person: Chad Blais
5) Bond - Approve Release of the Subdivision Improvement Faithful Performance Bond, Subdivision Improvement Labor and Material Bond, and Cash Deposit (Monumentation) Guaranteeing Performance for DAP-001-649, a 49 Unit Townhome Development Located at 1116 Santo Antonio Dr. Identified by APNs: 0276-561-01 through -57.

Staff Person: Chad Blais
6) Contract Amendment - Approve Amendment to the Enterprise Fleet Management Program Agreement with Enterprise Fleet Management, in the amount of $64,512.97.

Staff Person: Tom Miller
7) Contract Award - Approve multi-year Professional Services Agreement with Infinity Technologies in the amount of $265,000, annually.

Staff Person: Chad Blais
8) Contract Award - Award Contract to Pelican Coast Electric, Inc. for as-needed Utility Civil Work and Permitting Services in an amount of $300,000.

Staff Person: Tom Miller
9) 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.

Staff Person: Chad Blais
10) 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.

Staff Person: Tom Miller

11) Disposition - Disposal of Surplus Manufactured Home/Modular Unit, Resolution R-76-26.

Staff Person: Charles Berry
12) 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.

Staff Person: Deb Farrar
13) Easement - Acceptance and Recordation of a Public Utility Easement at 1250 E. Cooley Drive.

Staff Person: Tom Miller
14) 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.

Staff Person: Deb Farrar
15) Purchase - Approval of Annual Purchase Orders for Water and Wastewater Materials and Supplies for Fiscal Year 2026-27 in the amount of $360,000.

Staff Person: Chad Blais
16) 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. Staff Person: Chad Blais
17) Resolution - Approve and Adopt a Resolution to Accept the Report of Cost for the 2025/2026 Weed Abatement Program and Authorize the Inclusion of These Costs on the San Bernardino County Assessor’s Tax Rolls for Collection, Resolution No. R-67-26.

Staff Person: Justin Weems
18) Ordinance - Approve Second Reading of an Ordinance of the City Council of the City of Colton, California, Amending Chapter 10.28 of the Colton Municipal Code to Establish Regulations for Bicycles, Electric Bicycles, Electric Off-Highway Motorcycles, and Similar Devices, Ordinance No. O-10-26.

Staff Person: Anthony Vega
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Mayor and Council Oral Reports and Comments
Comments from Mayor and Council on various issues and activities throughout the community.

Comments shall be limited to 5 Minutes per speaker.

City Manager's Reports
Adjournment

I, Stephanie M. Vargas, the Chief Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted, at least 72 hours prior to the meeting per Government Code 54954(a), at the following locations:

City of Colton City Hall 650 N. La Cadena Drive
City of Colton Website, www.coltonca.gov
Procedures for Addressing City Council
For the Official Record, it is requested that you submit your filled out public comment card into the public comment card box before the meeting begins. Once your name is called by the City Clerk you may approach the podium to speak. Please begin your public comment by stating your name and your city of residence; then proceed to share your public comment. The City Council encourages public input on all City issues within the Rules of Decorum. Speakers will be limited to the time periods provided on the Agenda; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.

Rules of Decorum
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.

Notice to Public
Staff reports or other written documentation relating to each item referred to, on the Agenda, are available for public inspection at the following locations: Office of the City Clerk, 650 N. La Cadena Drive, Colton, CA; City of Colton Public Library, 656 9th St., Colton, CA; or the City of Colton Internet Website, www.coltonca.gov. Any person having questions concerning any item on the Agenda may call the City Clerk Office at (909) 370-5001 to make inquiry concerning the nature of the item described on the Agenda. The City Clerk’s Office shall direct inquiries to the appropriate office.

All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.

In compliance with the American with Disabilities Act, if you need special assistance to participate in a City Meeting, please contact the City Clerk’s Office at 909-370-5001.

Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Legal Challenges

If you challenge in court any discussion or action taken concerning an item on this Agenda, you may be limited to raising only those issues you or someone else raised during the meeting or in written correspondence delivered to the City at or prior to the City's consideration of the item at the meeting.

Manual of Procedure
The City Council adopted its Manual of Procedure pursuant to Resolution No. R-28-26, with the latest updates being approved on April 7, 2026. Copies are available in the Office of the City Clerk.
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How to Participate in Public Comment Remotely

How to Register

1. Go to https://publiccomment.coltonca.gov/ to register to participate in an upcoming City Council meeting using our new remote participation option.

2. Scroll down and click “Register,” then fill out the form.

3. Click on the item(s) that you are interested in speaking about. • If you would like to speak about something that is not related to an item already listed on the agenda select “Consent Calendar item or Non-Agenda Public Comment.”

4. Click “Register,” in order to submit your registration form; you will receive a confirmation email that will provide you with meeting information and instructions on how to call in to participate.

5. On the day of the meeting, you will need to dial the call in phone number and provide the Meeting Code in order to join the meeting.

Helpful Tips:
o Remember that you will only have 3 minutes to speak; if you go over your microphone will go mute.
o Begin by stating your Name and your City of Residence. o Keep in mind that legally the City Council cannot respond or take action on any item that is not already on the agenda.
_________________________________________________________________________________ If you would like to speak during public comment by using our call-in option, you MUST register.

Item: 1.

Staff Report

Meeting Date: August 18, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Bill Smith, City Manager
Item Name: Appointment - Voting Delegate and Alternate for the Annual League of California Cities Conference — September 23–25, 2026

Recommended Action:

It is recommended that the City Council designate two Members of the City Council to represent the City at the League of California Cities Annual Conference and Expo. One Member shall serve as the voting delegate, and one shall serve as the voting alternate.

Background:

This year, the Annual League Conference and Expo will be held at the Anaheim Convention Center from September 23 through September 25, 2026. In accordance with League bylaws, each city may appoint up to three Council Members to represent their respective city. Colton’s representatives at last year’s annual conference in October 2025 were Council Member Dr. Luis S. González, who served as the voting delegate and Council Member Kelly Chastain, who served as the alternate delegate. The Council Members scheduled to attend this year’s conference are Council Member Dr. Luis S. González and Council Member John Echevarria.

Issues/Analysis:

Following the Council’s selection of a voting delegate and alternate delegate for the Annual League Conference, these representatives will act on matters related to municipal or League policies during the General Assembly. The names of the two delegates must be submitted to the League of California Cities by September 1, 2026.

Fiscal Impacts:

Sufficient appropriations for the voting delegate’s travel and registration expenses to attend the conference are available in the FY 2026-27 adopted budget in General Fund City Council Travel & Meetings – Legislative Advocacy Account #100-6000-6000-2280-0002-000. Sufficient appropriations for the alternate delegate are available in the adopted FY 2026-27 budget in the

selected council members’ respective district travel budget.

Alternatives:

Provide alternative direction to staff.

Attachments:

None

Item: 1.

Staff Report

Meeting Date: August 18, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Deb Farrar, Director
Item Name: Naming of New Parks - Receive Recommendation from Recreation & Parks Commission to name new Colton Habitat Conservation Park and Sports Complex, Resolution R-74-26.

Recommended Action:

1. Officially name the approximately 24-acre habitat restoration area Colton Habitat Conservation Park.

2. Officially name the approximately 21-acre sports facility Eloise Gómez Reyes Sports Complex – Juan Caldera Fields, consistent with the Recreation and Parks Commission's 3-1 recommendation.

Background:

The City of Colton is developing its first new community park in more than 25 years through the 45-acre Habitat Conservation Park and Community Sports Complex project. Originally envisioned as a community soccer complex, the project evolved through the environmental review and regulatory process into a unique "two parks in one" design that balances active recreation with long-term habitat conservation. The overall project includes approximately 21 acres of community sports facilities and approximately 24 acres dedicated to habitat restoration and conservation. Although both park components have been referred to by working titles throughout the design and permitting process, neither has been formally named by City Council.

This action provides the opportunity to officially establish the names of both park components.

The habitat component has consistently been identified throughout the environmental review, permitting process, consultant reports, grant documents, and regulatory agency coordination as the Colton Habitat Conservation Park. Maintaining this name provides continuity with years of environmental documentation and correspondence involving multiple County, State, and Federal

regulatory agencies responsible for habitat restoration, endangered species protection, floodplain management, and long-term conservation obligations. Continuing to use the established name will avoid confusion as the project advances through permitting, construction, and long-term habitat management.

The Community Sports Complex is the portion of the project subject to the City's public naming process conducted pursuant to Resolution No. R-60-10.

Issues/Analysis:

In accordance with City Council Resolution No. R-60-10, the City initiated the formal naming process for the Community Sports Park component of the 45-acre Habitat Conservation Park and Community Sports Complex project. The process included a public notice, a public comment period, and the opportunity for community members to submit naming applications in accordance with the City's Naming of City Parks, Park Features and Community Facilities policy. Applications were required to include supporting documentation and petitions signed by Colton residents.

The City received two complete applications for consideration. One application proposed naming the sports complex in honor of California State Senator Eloise Gómez Reyes, recognizing her longstanding community involvement and leadership in securing approximately $18 million in State funding that made the project possible. The second application proposed naming the facility in honor of Juan Caldera, recognizing his longstanding service and contributions to the Colton community.

On Wednesday, July 22, 2026, the Recreation and Parks Commission conducted a duly noticed public hearing to consider both applications and receive public input. The nominators for both applications attended the meeting and spoke in support of their respective nominations.

Additional community members also addressed the Commission during public comment, expressing their views regarding the proposed names.

Following discussion, the Recreation and Parks Commission voted 3-1 to recommend that the City Council officially name the sports facility - Eloise Gómez Reyes Sports Complex – Juan Caldera Fields. The Commission's recommendation reflected an effort to recognize the merits of both applications by incorporating both nominees into a single recommendation. With this action, the City Council has the opportunity to formally establish the names of both park components within the overall project.

Additional Considerations
The Commission's recommended name, Eloise Gómez Reyes Sports Complex – Juan Caldera Fields, provides meaningful recognition of both honorees. At the same time, the official name is lengthy and may prove difficult for everyday use. Long facility names can present challenges for tournament promotion, reservation systems, athletic schedules, directional signage, emergency response, websites, maps, and general public communications. Over time, communities often shorten facility names into versions that are easier to remember and use.

Recognizing both the Commission's recommendation and the practical considerations discussed above, the following additional options are presented for City Council consideration:

Option 1 is for the City Council to formally shorten the official name to Reyes-Caldera Sports Complex (or another variation). This alternative retains recognition of both honorees while creating a name that is concise, memorable, and more likely to become the name commonly used by the public. It also provides greater consistency for branding, signage, maps, tournament materials, and future marketing efforts.

Option 2 is to adopt the Recreation and Parks Commission's recommendation as the official name while authorizing staff to use a shorter working name, such as Colton Sports Complex, for day-to-day operations, marketing, wayfinding, reservations, and public communications.

This approach preserves the Commission's recommendation while providing a practical name that is easy for residents, visitors, and athletic organizations to recognize and use.

Either option recognizes the Commission's recommendation and the contributions of both honorees while acknowledging that facilities of this size are most effective when their names are concise, memorable, and easy to use in everyday communication.

Future Recognition Opportunities
Regardless of the naming option selected by the City Council, the project includes several opportunities to recognize individuals whose leadership, service, and contributions have had a lasting impact on the City of Colton and the development of this landmark project. The official park name will be incorporated into a substantial architectural monument at the park entrance designed to serve as the primary identification feature for the facility. In addition, the park design includes several prominent locations suitable for commemorative displays and honorary recognition.

Potential locations include the Flagpole Courtyard near the center of the park and the Breezeway within the upper restroom and concession building. These areas could accommodate plaques, interpretive displays, donor recognition, historical exhibits, or other permanent features recognizing individuals who have made significant contributions to the City, parks and recreation, youth sports, conservation, or the successful development of the project.

These opportunities provide flexibility for future City Council action and ensure that the official park name is not the only means of recognizing individuals who have helped shape the community or this project.

Fiscal Impacts:

There are no fiscal impacts from this action.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. R-74-26 Sports Park Naming

2. City Council Park Naming Presentation 18AUG2026

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RESOLUTION NO. R-74-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COLTON TO OFFICIALLY NAME THE COLTON HABITAT

CONSERVATION PARK AND COLTON SPORTS PARK

WHEREAS, City Council Resolution R-60-10 sets forth policy for the application process to attach a name to City parks, park features, and community facilities, and the processing of such applications, and;

WHEREAS, the City of Colton is developing a 45-acre project consisting of approximately 24 acres of habitat conservation and restoration and approximately 21 acres of community sports facilities; and

WHEREAS, throughout planning, environmental review, grant administration and coordination with regulatory agencies, the habitat component has been identified as the Colton Habitat Conservation park; and

WHEREAS, maintaining the name Colton Habitat Conservation Park provides continuity with environmental documentation, State grant agreements, regulatory agency records, and long-term habitat management responsibilities; and

WHEREAS, the city initiated the naming process for the sports facility component in accordance with Resolution R-60-10, including public notice, a public comment period, and acceptance of naming applications; and

WHEREAS, two complete naming applications were received proposing recognition of California State Senator Eloise Gomez Reyes and Juan Caldera; and

WHEREAS, on July 22, 2026, the Colton Recreation & Parks Commission conducted a public hearing, received comments from nominators and members of the public, and voted 3- 1 to recommend naming the sports complex facility Eloise Gomez Reyes Sports Complex – Juan Caldera Fields; and

WHEREAS, the City Council has received this application, as well as the supporting recommendation from the Recreation & Parks Commission.

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

SECTION 1. The approximately 24-acre habitat conservation and restoration area shall be officially named: COLTON HABITAT CONSERVATION PARK.

SECTION 2. The approximately 21-acre community sports facility shall be officially named: ELOISE GÓMEZ REYES SPORTS COMPLEX – JUAN CALDERA FIELDS.

PASSED, APPROVED AND ADOPTED THIS 18th DAY OF AUGUST 2026.

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________________________________________
FRANK J. NAVARRO, Mayor
ATTEST:

ISAAC T. SUCHIL, City Clerk

Official Naming of the
Colton 45-Acre Conservation
Habitat Park with Eco-Friendly
Sports Fields
Colton Habitat Conservation Park &
Community Sports Complex
City Council - 18 August 2026
Presented by Deb Farrar, Community Services Director

ONE Project.

TWO Distinct Park Experiences.

Balancing community recreation
with environmental and habitat needs
24 ACRES
Habitat & Conservation Park
21 ACRES
Community Sports Park
Active recreation and sports fields
Amenities for residents, leagues,
and tournaments
Habitat restoration
Conservation and stewardship
Passive recreation

Sports Park
Naming Process
Public nomination process launched under
City Council Resolution No. R-60-10
Two completed applications received
Public notice and comment
period completed
04 Recreation and Parks Commission
conducted a public hearing
05 City Council holds final
naming authority
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03

Two Naming
Applications
ELOISE
GÓMEZ
REYES
Recognized for lifelong
community involvement and
leadership.

Key in securing $18 million in
State funding for sports
complex development
JUAN

CALDERA
Recognized for historical
civic involvement, and
contributions to the South
Colton community
Both applications met City requirements and were presented publicly.

Recreation & Parks Commission
Recommendation
RECOMMENDED NAMEPublic hearing held July 22, 2026
Nominators and community members
spoke in support of both
applications.

Commission vote: 3-1 recommending
combined name recognizing both
nominees.

A recommendation to honor both
contributions equally.

AI generated image – not final design

Additional Considerations
• A combined name carries meaning, but may
be lengthy for daily use
• Length can create challenges for promotion,
signage, scheduling, and emergency response
• Communities often adopt shorter,
easier-to-use names over time
• Balancing recognition with
practical use supports the park’s
success
Recognition
Meets
Usability
A name that works
for everyone, every day.

Recognition Extends Beyond the Park
Name
Spaces for plaques and
commemorative features
Displays and honorary
recognition in key
gathering areas
Flexibility for future City
Council recognitions
beyond naming
AI generated image – not final design

TWO Council Actions – R-74-26
Officially name the
habitat component
Colton
Habitat Conservation Park
Your action tonight will solidify the identity of both park components and guide their future use.

AI generated image – not final design

TWO Council Actions
Officially name the Sports Complex

OPTION A
Use the full
Commission
recommendation.

Retain the full
official name but
authorize a shorter
working name.

Shorten name or
provide alternate
direction.

OPTION B OPTION C

Questions?
AI generated image – not final design

Item: 1.

Staff Report

Meeting Date: August 18, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Isaac T. Suchil, City Clerk
Item Name: Minutes - Approval of Minutes for the City Council Regular Meeting Held on August 4, 2026, on File in the Office of the City Clerk.

Recommended Action:

Background:

Issues/Analysis:

Fiscal Impacts:

Alternatives:

Attachments:

1. 08-04-2026- Draft Minutes

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

David J. Toro – District 1
Kelly J. Chastain – District 2
Dr. Luis S. González – District 3
John R. Echevarria – District 4

City Clerk Isaac T. Suchil
City Treasurer Henry M. Razo

City Manager William R. Smith
City Attorney Carlos Campos

Minutes
City Council
Colton Utility Authority, Colton Public Financing Authority Colton Housing Authority
Regular Meeting
Tuesday, August 4, 2026 – 5:00 PM
City Hall, Council Chambers

Rules of Decorum
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.

Open Session
6:00 P.M.

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

Invocation
Pastor Eric Strutz – The Door Church
Flag Salute
Veterans of Foreign Wars (VFW) Member - Bernie Moyeda

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

Echevarria, and Mayor Frank J. Navarro.

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

Staff present were City Manager William R. Smith, City Attorney Carlos Campos, and Chief Deputy City Clerk Stephanie M. Vargas.

Ceremonial Matters
Presentations, Awards, Proclamations
• Recognition - Development Services APA Award
Received presentation from Emily Elliott, Inland Empire Section Director for the California American Planning Association, and presentation of City Council Recognition by Mayor Navarro to Planning Manager Mario Suarez.
• Recognition - Life-Saving Actions by Ryan Avila, Recreation Coordinator Receive presentation of City Council Recognition by Mayor Pro Tem Emeritus Toro and Fire Chief Justin Weems honoring Recreation Coordinator Ryan Avila for his life-saving actions.
• Recognition - Colton Birthday Celebration Sponsors
Colton Birthday Celebration Gold Sponsors Recreation Services Manager Heidi Strutz presented to our highest-level sponsors.

Mayor and Council Items
Gift Disclosures
Prior to rendering a decision in any proceeding involving a license, permit, contract or other entitlement pending before the City Council, any Council Member who has received been promised a gift or gifts aggregating $50.00 or more in value within the preceding twelve months from a party or participant in the proceeding shall disclose that fact either orally or in writing during open session. This disclosure shall be made part of the official public record of the proceeding, either as part of the minutes of the meeting or as a separate writing filed with the city (CMC Section 2.04.030).

AB 1234 Oral Reports
Members of the City Council shall provide brief reports on meetings attended at the expense of the city (GC Section 53232.3(d)).

Appointments
Mayor and Council Discussion Items
Public Hearings
There were no Public Hearings.

Business Items
1) Ordinance - Waive Full Reading, Read by Title Only, and Pass the First Reading of an Ordinance Amending Chapter 10.28 of the Colton Municipal Code to Establish Regulations for Bicycles, Electric Bicycles, Electric Off-Highway Motorcycles, and Similar Devices, Ordinance No. O-10-26.

Staff Person: Anthony Vega

Staff Presentation
Police Chief Anthony Vega, presented to Council an overview of the agenda item and requested approval.

Public Comment
There were no Public comments.

Council Discussion
Discernment and discussion between the Mayor and Council members present, with clarification provided by Police Chief Anthony Vega.

Motion/Vote
A motion was made to approve the item by CM Echevarria, with a second by MPT Chastain.

Vote: Unanimous, Motion passes
Public Comment - Limit 3 Minutes
The following community members addressed the Council:
• Richard Malouf
• Nick Zupkofska
• Anthony Cabrera
• Hector Loera
______________________________________________________________________________________

Consent Calendar
Mayor Navarro presented the Consent Calendar Items 1 through 5.

Council Discussion
MPTE Toro expressed concerns with this item and would like to go out to bid when this contract ends, as he has heard mixed service complaints regarding this provider. Staff agreed to address this concern and this recommendation.

Motion/Vote
A motion was made to Approve the Consent Calendar by MPT Chastain, with a second by CM Gonzalez.

Vote: Unanimous, Motion Passed
1) Minutes - Approval of Minutes for the City Council Regular Meeting Held on July 21, 2026, on File in the Office of the City Clerk.

Staff Person: Isaac T. Suchil
2) Warrants - Approve US Bank voucher dated 06/04/2026 totaling $87,394.32; voucher numbers 227248 to 227399 dated 06/25/2026 and totaling $1,275,703.17; voucher numbers 227400 to 227474 dated 06/29/2026 and totaling $96,813.59; voucher numbers 227475 to 227608 dated 07/02/2026 and totaling $818,876.65; wires dated 07/09/2026 and totaling $3,645,308.71and a payroll disbursement listing dated 05/23/2026 to 06/05/2026 and totaling $1,370,968.88.

Staff Person: Stacey Dabbs
3) Contract Award - Approve Professional Services Agreement to Willdan Engineering for Building Support Services for Fiscal Year 2026-27 in accordance with Municipal Code Section 3.08.140(E), in the amount of $450,000.

Staff Person: Heidi Duron
4) Grant - Cannabis Tax Fund Grant Program (CTFGP) - Approve and Adopt a Resolution Accepting the Cannabis Tax Fund Grant Program (CTFGP) for FY 26/27 in the amount of $366,870, Resolution No. R-72-26.

Staff Person: Anthony Vega
5) Report - Approve Measure I Five-Year Capital Improvement Plan (CIP) and Capital Project Needs Analysis (CPNA) for Fiscal Year (FY) 2026/2027 and Adopt Resolution No. R-69-26 & R-70-26.

Staff Person: Chad Blais
______________________________________________________________________________

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

City Manager's Reports - None
Adjournment
Mayor Navarro adjourned the Regular Council Meeting at 07:45 PM in memoriam for long-time Colton resident Arnold Medina and Bernadette Pedroza, dedicated long-time teacher at Grant Elementary School; a moment of silence was observed.

_________________________
Isaac T. Suchil, City Clerk
City of Colton

Item: 2.

Staff Report

Meeting Date: August 18, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Stacey Dabbs, Finance Director
Item Name: Warrants - Approve voucher numbers 227609 to 227682 dated 07/09/2026 and totaling $351,334.58; voucher numbers 227683 to 227800 dated 07/16/2026 and totaling $427,758.19; voucher numbers 227801 to 227915 dated 07/23/2026 and totaling $2,799,015.99; wires dated 07/15/2026 and totaling $2,020,766.42 and a payroll disbursement listing dated 06/06/2026 to 06/19/2026 and totaling $1,449,923.29.

Recommended Action:

Approve voucher numbers 227609 to 227682 dated 07/09/2026 and totaling $351,334.58; voucher numbers 227683 to 227800 dated 07/16/2026 and totaling $427,758.19; voucher numbers 227801 to 227915 dated 07/23/2026 and totaling $2,799,015.99; wires dated 07/15/2026 and totaling $2,020,766.42 and a payroll disbursement listing dated 06/06/2026 to 06/19/2026 and totaling $1,449,923.29.

Background:

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

Issues/Analysis:

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

Fiscal Impacts:

None.

Alternatives:

1. Provide alternative direction to staff.

Attachments:

1. Fund Number and Title Legend

2. Voucher lists

3. Payroll Registers

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

Item: 3.

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: Agreement - Approve National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement Santa Ana Region Between the City of Colton, the County of San Bernardino, the San Bernardino County Flood Control District, and 15 Neighboring Jurisdictions.

Recommended Action:

1. City Council approve the National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement Santa Ana Region between the City of Colton and the County of San Bernardino/ San Bernardino County Flood Control District and 15 other neighboring City jurisdictions.

2. Authorize the City Manager or designee to execute the Agreement and any non- substantive changes as approved by the City Attorney.

Background:

The City of Colton is an entity identified to be regulated under a municipal stormwater permit and a new Municipal Separate Storm Sewer System Permit (the “2026 MS4 Permit”) is anticipated to be adopted by the California State Water Resources Control Board, (“CSWRCB”) in the next few months. The MS4 National Pollutant Discharge Elimination System (“NPDES”) Permit expired by its terms on or about January 29, 2015, but has been subsequently extended administratively year after year by the CSWRCB. The City of Colton has a common interest in addressing and negotiating the terms of the 2026 MS4 Permit. To reduce costs and to more effectively represent its interest, the City of Colton desires to cooperate with neighboring jurisdictions in addressing the 2026 MS4 Permit issues and requirements.

Issues/Analysis:

The MS4 NPDES Stormwater Permit Implementation Agreement Santa Ana Region Agreement among Permittees is a proposed agreement by and between the San Bernardino County and San

Bernardino County Flood Control District (SBCFCD), the “Principal Permittee” and the fifteen (15) adjacent neighboring cities and county known collectively as the “Co-Permittees”, including the City of Colton. The 15 adjacent neighboring cities include: the City of Big Bear Lake, the City of Chino, the City of Chino Hills, the City of Fontana, the City of Grand Terrace, the City of Highland, the City of Loma Linda, the City of Montclair, the City of Ontario, the City of Rancho Cucamonga, the City of Redlands, the City of Rialto, the City of San Bernardino, the City of Upland, and the City of Yucaipa. The CSWRCB is planning to adopt a new “2026 MS4 Permit” in 2026 which may affect the processes for stormwater regulation within the City. In anticipation of such new permit, staff has been working collaboratively with the other permittees to best address the new permit’s proposed regulations. Additionally, staff has worked with the City Attorney’s office to review the Agreement and obtain their concurrence.

Staff is recommending City Council approve the National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement Santa Ana Region between the City of Colton and the County of San Bernardino/ San Bernardino County Flood Control District and 15 other neighboring City jurisdictions.

Fiscal Impacts:

Pursuant to the agreement, the City of Colton’s representative share of the San Bernardino County Areawide Stormwater Program budget for the MS4 NPDES Stormwater Permit Implementation Agreement Santa Ana Region for FY 2026-27 is 3.16% or $83,857.00.

Sufficient appropriations are available in the adopted FY 2026-27 budget in Stormwater Fund Permits Operating Account Number 722-6150-8215-2241-0000-000 for the City's representative portion.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. Exhibit A - MS4 Implmentation Agreement 2026

2. Exhibit B - NPDES FY26-27 Program Budget Distribution

Exhibit A

National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement Santa Ana Region

1 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 1
STORMWATER PERMIT IMPLEMENTATION AGREEMENT 2
SANTA ANA REGION 3
4 5
This AGREEMENT entered into as of this 18th Day of August, 2026 by San Bernardino County, 6 (herein called the COUNTY), the San Bernardino County Fl ood Control District (herein called 7 the DISTRICT), and the C ities of Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand 8 Terrace, Highland, Loma Linda, Montclair, Ontario, Ra ncho Cucamonga, Redlands, Rialto, San 9 Bernardino, Upland, and Yucaipa (herein called the CITIES) establishes the responsibilities of 10 each party with respec t to compliance with National Po llutant Discharge E limination System 11 (NPDES) Stormwater regulations administered by the California Regional Water Quality Control 12 Board, Santa Ana Region (SARWQCB) by the authority granted by the federal Clean Water Act 13 (CWA) and its 1987 amendments and the Water Quality Act (WQA). 14 15 RECITALS 16
17 WHEREAS, Congress in 1987 amended Section 402 of the Federal Clean Water Act (33 18 U.S.C.A. 1342 (p)) to require the federal Environmental Protection Agency (EPA) to promulgate 19 regulations for applications for permits for stormwater discharges; and 20 21 WHEREAS, these permit regulations require the control of pollutants from stormwater 22 discharges by requiring a National Pollutant Discharge Elimination System (NPDES) Permit for 23 the discharge of stormwaters into waters of the United States; and 24 25 WHEREAS, these EPA regulations require NPDES permits for discharges fro m municipal 26 separate storm sewer systems (MS4 Permit) on a system-wide or jurisdiction-wide basis; and 27 28 WHEREAS, the State Legislature, in enacting the San Bernardino County Flood Control Act, 29 created the San Bernardino County Flood Control District to provide for the control of flood and 30 storm waters; and 31
32 WHEREAS, the Powers granted to the DISTRICT by the San Bernardino County Flood 33 Control Act include carrying on technical and other investigations, examinations, or tests of all 34 kinds, making measurements, collecting data, and making a nalyses, studies, and inspections 35 pertaining to water supply, control of floods, use of water, water quality, nuisance, pollution, 36 waste, and contamination of water both within and without the DISTRICT; and 37 38 WHEREAS, the CITIES, the COUNTY , and the DISTRICT desire to develop and implement 39 an integrated stormwater discharge management program with the objective of improving water 40 quality in the Santa Ana Watershed portion of San Bernardino County; and 41 42 WHEREAS, the California State Water Resources Control Board (SWRCB) as design ee of the 43 EPA has delegated authority to the Regional Water Quality Control Board – Santa Ana Region 44 (SARWQCB) for administration of the MS4 Permit program and issuance of MS4 Permits 45 within the boundaries of their Region; and 46

2 47
WHEREAS, the DISTRICT, COUNTY, and CITIES have been designated as joint permittees 48 (Permittees) by the SARWQCB for the MS4 Permit issued to the County of San Bernardino; and 49 50 WHEREAS, the DISTRICT has been designated as the Principal Permi ttee in the MS4 Permit; 51 and 52
53 WHEREAS, the COUNTY and the CITIES have been designated as the Co -permittees in the 54 MS4 Permit; and 55
56 WHEREAS, cooperation between the CITIES, the COUNTY, and the DISTRICT to jointly file 57 an application for the MS4 Permit is in the best interest of the CITIES, the COUNTY, and the 58 DISTRICT; and 59
60 WHEREAS, the Permittees shall establish and maintain a Management Committee to 61 coordinate compliance with MS4 Permit requirements and implement a Stormwater Management 62 Program across all jurisdictions covered by this MS4 Permit; and 63 64 NOW THEREFORE, the parties hereto do mutually agree as follows: 65 66 I. Filing Status. The COUNTY, DISTRICT, and CITIES will jointly file (unless directed to 67 proceed separately by the SARWQCB) the application for an area -wide storm water 68 permit. The COUNTY, the DISTRICT, and each individual CITY will be a Permittee. 69 70 II. Management Committee . The DISTRICT, as Principal Permittee , and COUNTY and 71 CITIES, as Co-permittees, shall support and facilitate compliance with area-wide MS4 72 Permit requirements and impl ementation of the Stormwater Management Program 73 through the workings of the Management Committee. The responsibilities and structure 74 of this committee shall include: 75
76 A. The purpose of the Management Committe e shall be to develop policies, 77 (including goa ls, needs, and priorities) budgets, and implementation 78 strategies and plans for the area -wide Stormwater Management Program 79 to ensure compliance with the MS4 Permit. The Management Committee 80 shall evaluate implementation options an d strategies and recomme nd 81 implementation actions to the DISTRICT. 82
83 B. Each Permittee shall designate in writing at least one authorized 84 representative and one alternate to participate on the Management 85 Committee. Management Committee designees and alternates shall be 86 authorized by their respective city council or governing board to cast votes 87 on behalf of their jurisdiction to determine Stormwater Management 88 Program budgets and all other program elements required to implement 89 the areawide Municipal Stormwater Management Plan (MSWMP). 90 91

3 C. The Principal Permittee shall serve as the chairperson of the Management 92 Committee. 93
94 D. The Management Committee shall meet a t the frequency required by the 95 MS4 Permit or on a quarterly basis. 96
97 E. Ten (10) authorized representatives present in pe rson at a scheduled 98 meeting constitute a quorum for the transaction of business of the 99 Management Committee. If a quorum is not present at a scheduled 100 Management Committee meeting, less than a quorum may adjourn the 101 meeting. For all Management Committee a ctions other than approval of 102 the bu dget as set forth in Section VI I.C.1. of this A GREEMENT, a 103 majority vote of the quorum shall decide any question brought before the 104 Management Committee for decision. 105
106
F. The Management Committee shall support Stormwater Management 107 Program implementation by providing guidance to the Principal Permittee 108 with respect to stormwater program administration and approving 109 elements of the area-wide MSWMP. 110
111
G. The Management Committee may establish subcommittees to support the 112 work of the Management Committee. Subcommittees shall include 113 interested members of the Management Committee, and/or other Permittee 114 staff with necessary expertise. Subcommittees may develop 115 recommendations for Management Committee consideration. Such 116 recommendations require majority approval by members of the 117 subcommittee on a one vote per Permittee basis. 118
119
H. Approval of Management Committee decisions will require a majority 120 vote of the authorized representatives or alternates in attendance, on a one 121 vote per Permittee basis. In the event that the Management Committee 122 does not approve a subcommittee recommendation, the item will be 123 directed back to the subcommittee for reconsideration. 124 125
I. All parties to this AGREEMENT achieve cost savings by working 126 collectively to implement the areawide stormwater program. To maximize 127 these cost savings, the Permittees agree that: 128
129

1. Each authorized representative shall actively participate in 130 Management Committee meetings; 131
132

2. Each Permittee shall actively participa te in at least one 133 subcommittee, either through the authorized representative or other 134 authorized designee. Participation will be defined as attendance at 135 fifty percent (50%) or more of subcommittee meetings held in a 136 given fiscal year. 137

4 138
III. Principal Permittee Responsibilities. 139
140
The DISTRICT, acting through its Board of Supervisors, is the Stormwater Program 141 Administrator for purposes of this AGREEMENT. The DISTRICT shall have administrative 142 responsibilities and shall be reimbursed for its time expend ed on behalf of the Stormwater 143 Program. These rates include actual hourly rate including fringe benefits plus any other direct 144 cost(s). Materials are to be reimbursed at direct cost. 145 146
The DISTRICT, while acting as administrator, will strive to implemen t the policies, budget, and 147 required program elements according to the recommendations of the Management Committee . 148 In turn, the Management Committee will work in good faith with the DISTRICT to make 149 reasonable policy, budget and required program element recommendations to the 150 DISTRICT. The Parties recognize and acknowledge, however, that the DISTRICT, as governed 151 by the San Bernardino County Flood Control District Board of Supervisors, retains final 152 authority regarding the nature and manner in which the recommendations of the Management 153 Committee shall be executed. 154
155
In the event that the DISTRICT proposes to implement an approach different than the one 156 recommended by the Management Committee, the DISTRICT's proposed alternative action shall 157 be communica ted to the Management Committee at the next available meeting of the 158 Management Committee. If the Management Committee approves the alternative action, then 159 the cost sharing provisions of this A GREEMENT shall govern the allocation of any costs 160 associated with that alternative action. If, in good faith, the Management Committee does not 161 approve the alternative action, the DISTRICT may implement the alternative action, but the 162 DISTRICT shall be solely responsible for paying the increased costs, if any, resu lting from the 163 alternative action. This increased cost shall be measured by the difference between the cost of 164 the alternative action and the estimated cost of the action as reasonably recommended by the 165 Management Committee. 166
167
If the DISTRICT’S proposed alternative implementation action involves an increase in program 168 costs, that alternative implementation action shall not be adopted until such time as each 169 authorized representative of the Management Committee has had 45 days to relay that alternative 170 implementation action to its various governing bodies for approval. CITIES and COUNTY shall 171 have no responsibili ty for the incremental increase in cost associated with an alternative action 172 that is not approved by the Management Committee after 45 days has p assed with the governing 173 bodies failing to approve the alternative implementation action. 174 175
The DISTRICT will act as the contracting party, on behalf of the Co-permittees for Stormwater 176 Management Program contracts and agreements with all consultants, contr actors, vendors or 177 other entities as recommended by the Management Committee. 178 179
The DISTRICT, if recommended by the Management Committee, may act on behalf of the Co -180 permittees as applicant in preparing and submitting grant proposals, and may act as administrator 181 for any awarded grant funds. 182
183

5 The DISTRICT, if recommended by the Management Committee, will act on behalf of the 184 Stormwater Program as the contracting party and signatory in joint agreements with other 185 municipal stormwater programs and stakeholders for regional benefits and cooperation. 186 187
As the Principal Permittee under the MS4 Permit, the DISTRICT shall coordinate all area-wide 188 MS4 Permit activities and manage the Stormwater Management Program by: 189 190
A. Conducting chemical, biological and bacter iological water quality 191 monitoring on behalf of the areawide program as required by the MS4 192 Permit. 193
194
B. Implementing management programs, monitoring programs, and related 195 plans as required by the MS4 Permit. 196
197
C. Preparing and submitting to the Executive Of ficer (SARWQCB) unified 198 reports, plans, and programs necessary to comply with the MS4 Permit. 199 200
D. Coordinating and conducting Management Committee meetings as 201 specified in the MSWMP. 202
203
E. Taking the lead role in initiating and developing area -wide programs and 204 activities necessary to comply with the MS4 Permit. 205 206
F. Participating, as needed, in any subcommittees formed to facilitate MS4 207 Permit requirements. 208
209
G. Providing technical and administrative support and inform the Co -210 permittees of the progress of ot her pertinent municipal programs, pilot 211 projects, research studies, and other information to facilitate 212 implementation of Co-permittees’ stormwater program. 213 214
H. Coordinating the implementation of area -wide Stormwater Management 215 Program activities such as a monitoring program, public education, and 216 pollution prevention. 217
218
I. Gathering and disseminating information on the progress of statewide 219 municipal stormwater programs and evaluate the information for potential 220 use in the execution of the MS4 Permit. 221
222
J. Monitoring the implementation of the plans and programs required by the 223 MS4 P ermit and determine their effectiveness in attaining water quality 224 standards. 225
226
K. Coordinating with SARWQCB activities pertaining to implementation of 227 the MS4 Permit, including the submittal of all required reports, plans, and 228 programs. 229

6 230
L. Soliciting and coordinating public input for any major proposed 231 stormwater management programs and implementation plans. 232 233
M. Developing and implement ing mechanisms, performance standards, etc., 234 to promote consistent implementation of Best Management P ractices 235 among the Permittees. 236
237
N. Cooperating in watershed management programs and regional and/or 238 statewide monitoring programs. 239
240
IV. Co-permittee Responsibilities . The Co-permittees shall support the Principal Permittee 241 by: 242
243
A. Preparing and submitting to the Principal Permittee in a timely manner 244 all required information necessary to comply with permit reporting 245 requirements. Timely completion of Permittee annual report information 246 is considered me eting the deadline if received on or before September 247 15th of each reporting year. 248
B. Notifying the Principal Permittee immediately, in writing, of any 249 changes to the designated representative to the Management Committee. 250 C. Reviewing and commenting on all plans , strategies, management 251 programs, and monitoring programs, as developed by the Principal 252 Permittee or a subcommittee of the Management Committee. 253 D. Conducting and/or coordinating with the Principal Permittee on any 254 surveys or characterizations needed to ide ntify pollutant sources from 255 specific drainage areas. 256
257
V. Compliance Responsibilities . The DISTRICT, COUNTY and CITIES are individually 258 responsible for implementing all MS4 Permit requirements within their respective 259 jurisdictions. The Management Commit tee does not assume any responsibility for 260 implementing the Stormwater Management Programs for the Principal Permittee or any 261 other Permittee or for ensuring that the Principal Permittee or the Co -permittees 262 implement programs consistent with the recommend ations of the Management 263 Committee. 264
265
VI. Indemnification and Insurance. Each party shall indemnify, defend, and hold harmless 266 the other parties to this AGREEMENT from and against any and all liability and expense 267 arising from any act or omission of the i ndemnifying party, its authorized officers, 268 employees, agents, and volunteers in connection with the performance of this 269 AGREEMENT, including, but not limited to reasonable defense costs, reasonable legal 270 fees, claims, actions, damages, liability, and caus es of action for damages of any nature 271 whatsoever; provided, however, that no party shall indemnify another party for that 272 party’s own negligence or willful misconduct. 273

7 274
In the event a party, or parties, to this AGREEMENT is/are found to be comparatively at 275 fault for any claim, action, loss or damage which results from their respective obligations 276 under this AGREEMENT, the party, or parties shall indemnify the other party/parties to 277 the extent of its/their comparative fault. Furthermore, if a party attempts to seek recovery 278 from the other for Workers’ Compensation benefits paid to an employee, the parties agree 279 that any alleged negligence of the employee shall not be construed against the employer 280 of that employee. 281
282
The parties to this AGREEMENT are autho rized self-insured public entities for purposes 283 of Professional Liability, Automobile Liability, General Liability, and Workers’ 284 Compensation and warrant that through their programs of self -insurance, they have 285 adequate coverage or resources to protect aga inst liabilities arising out of their 286 performance under this AGREEMENT. 287
288
VII. Program Costs . The responsibilities for payment of all shared costs of equipment, 289 services, contracted analytical services, and the cost of implementing the MS4 Permit, 290 shall be distributed among the DISTRICT, COUNTY, and CITIES as follows: 291 292
A. The DISTRICT shall contribute 5% of the annual Program Costs; the 293 other Permittees shall be responsible for the remaining 95% of the 294 Program Costs. 295
296
B. The annual budget shall separate program costs into four Program Areas: 297 298

1. Monitoring, which shall include any water quality and 299 hydrographic monitoring and laboratory analyses. 300
301

2. Public Education, which shall include all public outreach programs. 302 303

3. Program Management & Regulatory Acti vities, which includes 304 administrative, reporting and regulatory activities. 305 306

4. Training, which addresses any training conducted to implement the 307 stormwater management program. 308
309
C. The Principal Permittee shall p repare and implement an annual operating 310 budget with the participation of the Permittees. The budget year shall 311 coincide with the fiscal year of the DISTRICT, July 1 – June 30. 312 313

1. The Principal Permittee will forward the annual operating budget 314 for the forthcoming year to the Co-permittees for revi ew and 315 approval. The review period shall be from the first business day of 316 November to the first business day of December of each year. 317 During the review period, the Co-permittees may provide written 318 comments on the budget to the Principal Permittee . The Fiscal 319

8 Subcommittee will review the comments on the budget and 320 endorse a draft budget for Management Committee approval . The 321 Management Committee will conside r the draft budget for 322 approval at the January meeting . An affirmative response from a 323 majority of the total number of authorized representatives or 324 authorized alternates is required for approval. 325
326
D. For Fiscal Year 2025/26, the Permittees cost share shall be as follows: 327

PERMITTEE PERCENTAGE SHARE
Big Bear Lake 1.63
Chino 4.93
Chino Hills 5.22
Colton 3.43
Fontana 9.49
Grand Terrace 1.66
Highland 3.62
Loma Linda 2.31
Montclair 2.43
Ontario 9.00
Rancho Cucamonga 8.35
Redlands 5.12
Rialto 5.33
San Bernardino 10.60
Upland 4.14
Yucaipa 4.19
County 13.54
District 5.00
TOTAL 100
328
E. For Fiscal Year 20 26/27, and all subsequent fiscal years t he Permittees 329 cost share shall be determined annually according to the methodology 330 provided in Appendix A. 331
F. For Fiscal Year 20 26/27, and all subsequent fiscal years, t he Permittees 332 annual cost share shall be calculated by November 1 of each year and shall 333 be included in the annual budget proposal. 334

9 G. The DISTRICT shall invoice each CITY and the COUNTY for its annual 335 deposit after July 1, the start of the fiscal year. Each CITY and the 336 COUNTY shall pay the deposit within 60 days of the date of the invoice. 337 Each CITY’s and the COUNTY’s deposit shall be based on their prorated 338 share of the approved annual budget, reduced for any surplus identified in 339 the prior fiscal year-end accounting. 340
H. The DISTRICT s hall make reasonable efforts to inform the Management 341 Committee during the fiscal year of potential exceedances of the approved 342 budget that may require the Parties to increase the deposits. If at any time 343 during a fiscal year the program costs exceed the s um of the deposits, the 344 DISTRICT shall submit invoices to the CITIES and the COUNTY to 345 recover the deficit. The share for each CITY and the COUNTY shall be 346 prorated according to the formula above (see Paragraphs D and E of this 347 Section). Each CITY and COUN TY shall pay the invoice within 60 days 348 of the billing date. 349
350
I. The DISTRICT shall prepare a fiscal year end accounting at the end of 351 each fiscal year and distribute copies to the Permittees for their review by 352 October 31 of that year . Permittees shall ha ve 30 calendar days from the 353 date of their receipt of the fiscal year end accounting to dispute in writin g 354 or concur with the findings. If the fiscal year end accounting results in 355 costs exceeding the sum of the de posits (including interest earnings), the 356 DISTRICT shall invoice each CITY and the COUNTY for its prorated 357 share of the excess cost. Each CITY and the COUNTY shall pay the 358 billing within 60 days of the date of the invoice. If the fiscal year end 359 accounting results in the sum of the deposits (inclu ding interest earnings) 360 exceeding costs, the excess deposits will carry forward to reduce the 361 billings for the following year. 362
363
J. Upon termination of the program, a final accounting shall be performed by 364 the DISTRICT. If costs exceed the sum of the deposi ts (including interest 365 earnings), the DISTRICT shall invoice each CITY and the COUNTY for 366 its prorated share of the excess. Each CITY and the COUNTY shall pay 367 the invoice within 60 days of the date of the invoice. If the sum of the 368 deposits (including inte rest earnings) exceed s the costs, the DISTRICT 369 shall reimburse to each CITY and the COUNTY its prorated share of the 370 excess (including any intere st earnings remaining) , within 30 days of the 371 final accounting. 372
373
K. Each CITY and the COUNTY shall bear the fi nancial responsibility for 374 implementing the program within its jurisdictional boundaries, including 375 any applicable MS4 permit fees, as outlined in Section V. 376 377

10 L. The annual administrative costs (includes actual hourly rate including 378 fringe benefits plus any other direct cost) incurred by the DISTRICT shall 379 be included in the budget for the Areawide Program Costs and paid 380 according to this Section, Section III and Appendix A. 381 382
M. The financial responsibility for this AGREEMENT will be effective on the 383 date this AGREEMENT takes effect. 384
385
VIII. Term of the AGREEMENT . The term of the AGREEMENT coincides with the current 386 MS4 Permit (Order No. R8 -2010-0036) and subsequent MS4 Permits that list the 387 DISTRICT, COUNTY, and the CITIES as Permittees . This A GREEMENT shall take 388 effect on the date it is approved by all parties . This AGREEMENT shall terminate upon 389 the effective date of a new implementation agreement approved by all parties which will 390 supersede this AGREEMENT. 391
392
IX. Additional Parties. Any city or other enti ty which wishes to be a Permittee on the San 393 Bernardino County MS4 Permit that was issued by SARWQCB shall agree to the 394 provisions in this funding agreement and shall sign this AGREEMENT prior to be ing 395 included in the permit. The date of initiation, for de termining participant costs for any 396 new Permittee shall be the date of inclusion in the San Bernardino County MS4 Permit 397 issued by SARWQCB. The cost for adding any additional Permittee to the program, 398 including additional permit and processing fees, shall be paid by the added Permittee. 399 Monies, if any, to be reimbursed to the existing Permittees shall be credited to their 400 respective annual program operating fees for the following budget year. 401 402
X. Withdrawal from the AGREEMENT . A Permittee may withdraw from this 403 AGREEMENT at the end of any fiscal year with written notice being received by the 404 DISTRICT 1 year prior to the end of the fiscal year. A withdrawing Permittee will not be 405 allowed refunds for tasks, projects or studies already underway in which funds have been 406 obligated for the fiscal year . 407
408
The withdrawing Permittee shall be responsible for all assessed penalties a s a 409 consequence of withdrawal. The cost allocations to the remaining members will be 410 calculated in the following budget year. 411
412
XI. Breach. Failure to comply with the terms of this AGREEMENT is a breach of the 413 agreement. If a breach is not cured within ninety (90) days after receiving a notice to 414 cure the breach by a permittee , permittee in breach may be terminated from this 415 AGREEMENT by a majority vote of the Management Committee. 416 417
XII. Non-compliance with MS4 Permit Requirements . Any Permittee found in non -418 compliance with the conditions of the MS4 Permit within their jurisdictional 419 responsibilities shall be solely liable for any assesse d penalties, pursuant to Section 420 13385 of the Water Code. Penalties that apply to all the Permittees shall be assessed 421 according to the formula in Appendix A. 422
423

11 XIII. Legal Action/Costs/Attorney Fees . Where any legal action is necessary to declare any 424 party’s rights hereunder or enforce any provision hereof for any damages by reason of an 425 alleged breach of any provisions of this AGREEMENT, each party shall bear its own 426 attorney’s fees and costs incurred in conjunction with such legal action regardless of who 427 is found to be the prevailing party . This section shall not apply to those costs and 428 attorney’s fees arising from any third party legal action against a party hereto and payable 429 under Section VI, Indemnification and Insurance. 430
431
XIV. Amendments to the AGREEMENT. This AGREEMENT may be amended by consent of 432 a three-quarters majority of the Permittees (rounded to the nearest whole number). 433 Amendments to this AGREEMENT may be adopted and executed concurrently, and shall 434 become effective upon its execution by a majority of the Permittees as defined above. 435 436
XV. Authorized Signatories : Each Permittee will determine who will be the authorized 437 signatory. This person shall be authorized to execute the application(s) for MS4 Permit(s) 438 and take all other procedural steps necessary to file the application(s) for MS4 Permits. 439 440
XVI. Notices. All notices shall be deemed duly given if delivered by hand; or five (5) working 441 days after deposit in the U.S. Mail, certified mail, return receipt requested. 442 443
XVII. Governing Law. This AGREEMENT will be governed and construed in accordance with 444 laws of the State of California. If any provision or provisions of this AGREEMENT shall 445 be held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of 446 the remaining provisions shall not in any way be affected or impaired hereby. Any legal 447 action which arises out of or is in any way related to this AGREEMENT shall be brought 448 in the Superior Court of the San Bernardino County. 449 450
XVIII. Consent to Breach not Waiver. No term or provision hereof shall be deemed waived and 451 no breach excused, unless such waiver or consent shall be in writing and signed by any 452 Permittee to have waived or consented. Any consent by any Permittee to, or waiver of, a 453 breach by the other whether expressed or implied, shall not constitute a consent to, 454 waiver of, or excuse for any other different or subsequent breach. 455 456
XIX. Reserved. 457
458
XX. Applicability of Prior Agreements . This document constitutes the entire AGREEMENT 459 between the Permittees with respect to the subject matter; all prior agreements, 460 representation, statements, negotiations, and undertakings are superseded hereby and 461 shall be deemed terminated upon the effective date of this AGREEMENT. 462 463
XXI. Execution of the AGREEMENT . This AGREEMENT may be executed in counterpart 464 and the signed counterparts shall constitute a single instrument. 465 466
XXII. No Separate Entity . This AGREEMENT established a framework for PERMITTEE 467 cooperation on storm water issues. Nothing in this AGREEMENT shall be construed to 468 create an entity separate from the local agencies that join in this cooperative effort. 469

12 470
IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year first 471 above written. 472
473

NPDES Stormwater Implementation Agreement – Santa Ana Region IN WITNESS WHEREOF, the AGREEMENT has been executed this _18th_ day and of August, 2026.

CITY OF _COLTON___________

Date: .

Bill R. Smith,
City Manager

APPROVED AS TO LEGAL FORM

By: ____________________________ Date: .

Isaac T. Suchil,
City Clerk

By: Date: .

Carlos Campos,
Best Best & Krieger, LLP
City Attorney

13 APPENDIX A 474
475
A. The DISTRICT shall pay five percent (5%) of the total annual cost , and the COUNTY 476 and the remaining Co-permittees, collectively, shall pay the remaining ninety-five percent 477 (95%) of the total annual cost pursuant to the formula set forth in Paragraph C, below. 478 479
B. The Permittees total annual cost share is the sum of the individual cost -shares calculated 480 for each Program Cost Area. 481
482
C. The Permittees annual cost share for each Program Cost A rea (PCAi) shall be calculated 483 using three cost factors: 484
485

1. Base, which represents the percentage of the program c osts equally applied to all 486 Permittees. The base (B) fraction is calculated as follows: 487 488
B = 1/N, where N = number of Permittees 489
490

2. Relative Population, which re presents the percentage of the program costs based 491 on the relative population of each Permittee. Relative population (RP) of each 492 Permittee shall be calculated annually from annual population estimates issued by 493 the California Department of Finance (E-1 Table). 494
495
RPi = (Pi/Ptotal), where 496
497
RPi = relative population of Permittee (i) 498
Pi = population of Permittee (i) 499
Ptotal = total population for area covered by the area-wide permit 500 501

3. Relative Land Area , which represents the percentage of the program costs based 502 on the relative land area of each Permittee. Relative Land Area (RLA) shall be 503 calculated as follows: 504
505
a. The calculation of relative land area within each Permittee’s jurisdiction 506 shall exclude land under tribal, state or federal jurisdiction , or any land 507 excluded by the State Water Resources Control Board . Any Permittee 508 seeking to exclude lands under this Section shall specifically request that 509 exclusion from the Principal Permittee by providing the request in writing 510 along with necessary documentation no later than October 1 to b e 511 considered for inclusion in the next year’s annual budget. The requesting 512 Permittee has the burden of proving entitlement to any exemption so 513 requested. 514
515
b. The method for calculating relative land area shall be determined from the 516 Assessor’s Parcel dat a provided by the COUNTY Information Services 517 Department. 518
519

14 RLAi = (Li/Ltotal), where 520
RLAi =relative land area of Co-permittee (i) 521
Li = land area of Co-permittee (i), less excluded lands 522 Ltotal = total land area under permit jurisdiction 523
524
D. The Permittee’s cost share for each individual Program Cost Area is based on the relative 525 importance of the cost factors to the Program Cost Area. The cost share calculation for 526 each Program Cost Area is as follows: 527
528
PCAi = [(B * Xi * ABi) + (RPi * Yi * ABi) + (RLAi * Zi * ABi)] 529 530
Where, 531
532
PCAi = Permittee’s cost share for PCAi 533
ABi = Annual budget for PCAi 534
535
B = Base fraction for each Permittee 536
Xi = Percentage apportioned to the base for PCAi 537
538
RPi = Relative population of Permittee(i) 539
Yi = Percentage apportioned to relative population for PCAi 540 541
RLAi = Relative land area of the Permittee(i) 542
Zi = Percentage apportioned to relative land are for PCAi 543 544
E. The Permittee’s total annual cost share shall be calculated by summing the cost shares 545 calculated for each individual Program Cost Area: 546
547
Permittee’s annual cost share = PCA1 + PCA2 + PCA3 + PCA4 548 549
Table 1. Budget Year [DATE]
Program Cost Areas
(PCAi)
Percent of the Program Cost Area
Apportioned to each Cost Factor
Base
(Xi)
Relative
Populatio
n (Yi)
Relative
Land
Area (Zi)
Monitoring (PCA1) 10% 30% 60%
Public Education (PCA2) 10% 80% 10%
Program Management &
Regulatory Activities
(PCA3)
30% 50% 20%
Training (PCA4) 30% 60% 10%
550

Exhibit B

Cost Share Determination

Cost Share Determination
Cost-Share Calculations
Includes Chino Prison population correction CIW & CIM (10/22/25) 2,125,843 316,256 154,883 58,055 2,655,036$ 10/30/60 A 10/80/10 30/50/20 30/60/10
Permittee Percentage
Share (FY 26-27)
Population**
1/2025 Population, % Area***
(sq mi) Area, % Monitoring Pub Ed Prog Mgmt Training Total FY 26-27 Budget FY25-26 In(de)crease FY24-25 FY23-24 FY22-23 FY21-22 FY 20-21 FY 19-20 FY 18-19 City of Big Bear Lake 1.33 4,953 0.31% 6.339 1.18% 28,031$ 2,860$ 3,170$ 1,140$ 35,201$ 54,318$ (19,117)$ 51,469$ 44,117$ 11,107$ 8,206.00$ 44,515.00$ 23,185$ 25,975$ City of Chino 4.79 91,757 5.69% 23.502 4.37% 99,333$ 16,755$ 8,069$ 3,097$ 127,254$ 164,286$ (37,032)$ 156,540$ 136,761$ 50,874$ 39,176.00$ 131,186.00$ 78,939$ 82,336$ City of Chino Hills 5.33 77,314 4.79% 33.098 6.16% 115,541$ 15,139$ 7,935$ 2,899$ 141,514$ 173,793$ (32,279)$ 165,471$ 146,137$ 61,660$ 46,828.00$ 141,429.00$ 88,658$ 93,341$ City of Colton 3.16 53,278 3.30% 14.803 2.75% 65,267$ 10,535$ 5,837$ 2,218$ 83,857$ 114,436$ (30,579)$ 109,096$ 95,137$ 33,332$ 25,791.00$ 92,752.00$ 53,947$ 58,989$ City of Fontana 9.36 219,172 13.59% 42.871 7.98% 190,864$ 36,827$ 14,941$ 5,910$ 248,542$ 316,305$ (67,763)$ 300,844$ 263,388$ 106,619$ 83,325.00$ 249,295.00$ 155,252$ 166,988$ City of Grand Terrace 1.25 12,803 0.79% 3.519 0.65% 24,623$ 3,872$ 3,373$ 1,272$ 33,140$ 55,313$ (22,173)$ 52,623$ 44,919$ 9,727$ 7,514.00$ 45,351.00$ 22,770$ 26,117$ City of Highland 3.40 57,088 3.54% 16.504 3.07% 70,533$ 11,198$ 6,104$ 2,314$ 90,149$ 120,572$ (30,423)$ 114,864$ 100,463$ 35,534$ 27,438.00$ 95,586.00$ 56,499$ 61,166$ City of Loma Linda 1.99 25,322 1.57% 8.742 1.63% 41,100$ 6,030$ 4,230$ 1,583$ 52,943$ 77,081$ (24,138)$ 73,122$ 63,120$ 18,722$ 14,261.00$ 59,918.00$ 32,497$ 36,367$ City of Montclair 1.98 37,526 2.33% 5.502 1.02% 38,381$ 7,667$ 4,610$ 1,800$ 52,458$ 81,113$ (28,655)$ 77,468$ 66,846$ 19,022$ 15,108.00$ 67,867.00$ 36,655$ 41,145$ City of Ontario 9.13 184,404 11.43% 48.969 9.11% 191,551$ 31,986$ 13,689$ 5,259$ 242,485$ 299,915$ (57,430)$ 284,771$ 249,762$ 105,386$ 81,831.00$ 234,385.00$ 148,124$ 156,111$ City of Rancho
Cucamonga 8.32 175,992 10.91% 41.961 7.81% 172,591$ 30,341$ 12,922$ 5,015$ 220,869$ 278,191$ (57,322)$ 264,849$ 233,409$ 95,558$ 70,997.00$ 217,973.00$ 134,056$ 144,862$ City of Redlands 5.25 73,488 4.56% 33.127 6.16% 114,169$ 14,571$ 7,762$ 2,821$ 139,323$ 170,560$ (31,237)$ 161,232$ 142,229$ 58,686$ 44,207.00$ 133,236.00$ 83,588$ 88,069$ City of Rialto 5.11 105,565 6.55% 23.664 4.40% 104,885$ 18,822$ 8,708$ 3,382$ 135,797$ 177,594$ (41,797)$ 168,878$ 148,384$ 55,983$ 44,121.00$ 144,543.00$ 87,512$ 92,346$ City of San Bernardino 10.54 222,727 13.81% 55.164 10.26% 219,913$ 38,044$ 15,777$ 6,109$ 279,843$ 353,045$ (73,202)$ 333,069$ 291,445$ 121,318$ 94,645.00$ 269,093.00$ 170,690$ 178,374$ City of Upland 3.78 79,140 4.91% 15.285 2.84% 76,069$ 14,416$ 7,043$ 2,754$ 100,282$ 138,027$ (37,745)$ 131,463$ 114,967$ 40,252$ 31,575.00$ 111,036.00$ 64,644$ 70,427$ City of Yucaipa 4.23 54,838 3.40% 26.389 4.91% 91,973$ 11,415$ 6,543$ 2,369$ 112,300$ 139,686$ (27,386)$ 132,550$ 116,617$ 46,935$ 35,464.00$ 110,586.00$ 68,278$ 72,572$ County of San Bernardino 16.06 137,441 8.52% 138.046 25.68% 374,728$ 29,966$ 16,424$ 5,210$ 426,328$ 451,327$ (24,999)$ 427,581$ 380,913$ 197,990$ 149,467.00$ 358,481.00$ 250,691$ 258,078$ SB County Flood 5.00 n/a n/a n/a n/a 106,292$ 15,813$ 7,744$ 2,903$ 132,751$ 166,610$ (33,859)$ 158,203$ 138,878$ 56,249$ 43,157.00$ 131,960.00$ 81,740$ 87,017$ Total 100.00 1,612,808 100.0% 537.485 100.00% 2,125,844$ 316,257$ 154,881$ 58,055$ 2,655,036$ 3,332,172$ (677,135.73)$ 3,164,093$ 2,777,492$ 1,124,954$ 863,111$ 2,639,192.00$ 1,637,725$ 1,740,280$ * BU = Basic Unit Formula, as defined in the Implementation Agreement ** Population data from California Department of Finance, Table E-1. *** Area data from Assessor's parcels, excluding State, Federal and Indian lands, and Flood Control owned **** FY 25-26 Funding Carryover amount is reflected in the Program Management component of the Cost Share Determination A Cost factor percentages base/population/land area FY 2026/27 Budget Amounts to be Funded ($)****
6/29/2026 1

Item: 4.

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: Bond - Approve Release of the Faithful Performance and Labor & Material Bonds for DAP-001-683 (Two Industrial Buildings) at 12277 S. La Cadena Dr. – APN: 1167-071-03- 0000.

Recommended Action:

Authorize staff to release Faithful Performance and Labor & Material Bonds, including any riders, for completed improvements for DAP-001-683 (Two Industrial Buildings) located at 12277 S. La Cadena Dr. with APN: 1167-071-03-0000.

Background:

On July 21, 2021, the City of Colton Director of the Development Services Department approved DAP-001-683, an Architectural & Site Plan Review to allow two industrial buildings (one at 8,000 square feet and the second at 2,0000 square feet) and site improvements within a vacant parcel located at 12277 S. La Cadena Dr. The parcel is 0.52 acres in size and identified by APN:
1167-071-03-0000.

Construction of the Two Industrial Buildings site has been completed, including applicable required public improvements and final inspection was provided by the Public Works and Utility Inspector.

Issues/Analysis:

Bond submittal as means to guarantee construction of public improvements prior to the start of construction is a standard condition of approval for development projects in accordance with City policies and the Subdivision Map Act (SMA). Such public improvements include street, curb, gutter, sidewalk, and roadway improvements. Per City of Colton Municipal Code § 16.56 and Chapter 5 of the SMA, the developer had the option to submit guarantees via formal Bonds or Cash in-lieu of Bonds. The developer opted to submit Bonds for the required Faithful Performance and Labor & Material Bonds. Respective Bonds are included as Exhibit A. Bond

amounts are summarized as follows:

Faithful Performance Bond $ 8,146.00
Labor & Material Bond $ 4,078.00
Total $12,234.00

Government Code Section 66499(b) authorizes the City Council to release bonds if the improvements are completed. The Faithful Performance Bond and Labor & Material Bond shall be released immediately after City Council approval.

Fiscal Impacts:

There are no immediate fiscal impacts associated with the release of the Faithful Performance and Labor & Material Bonds. The required public improvements were constructed and funded by the developer as a condition of project approval. Upon acceptance of those improvements, the City assumes responsibility for their ongoing operation and maintenance, which will be incorporated into the existing Streets Maintenance budget.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. Exhibit A - Bonds

Item: 5.

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: Bond - Approve Release of the Subdivision Improvement Faithful Performance Bond, Subdivision Improvement Labor and Material Bond, and Cash Deposit (Monumentation) Guaranteeing Performance for DAP-001-649, a 49 Unit Townhome Development Located at 1116 Santo Antonio Dr. Identified by APNs: 0276-561-01 through -57.

Recommended Action:

1. Authorize Staff to release the Subdivision Improvement Faithful Performance Bond, Subdivision Improvements Labor and Material Bond, including any riders, and Cash Deposit (Monumentation) Guaranteeing Performance for completed improvements for DAP-001-649 (49 Unit Townhome development) located at 1116 Santo Antonio Dr. with APNs: 0276-561-01 through -57.

2. Authorize Staff to release the Subdivision Maintenance Bond one full year after formal City acceptance of public improvements for DAP-001-649 (49 Unit Townhome development) located at 1116 Santo Antonio Dr. with APNs: 0276-561-01 through -57.

Background:

On October 27, 2020, the Planning Commission of the City of Colton approved DAP-001-649, an Architectural & Site Plan Review of a multi-family residential project and Tentative Tract Map No. 20340 to allow a 49 unit (net density of 20 du/acre), 3-story single lot condominium development within 8 buildings on approximately 2.74 gross acres located within the C-2/R-O (General Commercial/Residential Overlay) zone. The project is located at 1116 Santo Antonio Dr. and identified by APN’s: 0276-561-01, -02, -03, -04, -05, -06, -07, -08, -09, -10, -11, -12, - 13, -14, -15, -16, -17, -18, -19, -20, -21, -22, -23, -24, -25, -26, -27, -28, -29, -30, -31, -32, -33, - 34, -35, -36, -37, -38, -39, -40, -41, -42, -43, -44, -45, -46, -47, -48, -49, -50, -51, -52, -53, -54, - 55, -56, and -57-0000.

Construction of the 49 unit Townhome development is now complete, including applicable required public improvements and final inspection was provided by the Public Works and Utility Inspector.

Issues/Analysis:

Bond submittal as means to guarantee construction of public improvements prior to the start of construction is a standard condition of approval for development projects in accordance with City policies, the Subdivision Improvement Agreement (Exhibit A), and the Subdivision Map Act (SMA). Such public improvements include street, curb, gutter, sidewalk, and roadway improvements. Per City of Colton Municipal Code § 16.56 and Chapter 5 of the SMA, the developer had the option to submit guarantees via formal Bonds or Cash in-lieu of Bonds. The developer opted to submit Bonds for the required Faithful Performance and Labor & Material Bonds. Respective Bonds are included as Exhibit B. Bond amounts are summarized as follows:

Government Code Section 66499(b) authorizes the City Council to release bonds if the public improvements are completed. The Subdivision Maintenance Bond is required to remain in place for a period of one (1) full year as a warranty for the constructed public improvements. The Subdivision Improvement Faithful Performance Bond and Subdivision Improvement Labor and Material Bond shall be released immediately after City Council approval. The Cash Deposit (Monumentation) Guaranteeing Performance in the amount of $10,000.00 (Exhibit C) shall be refunded in full for compliance with the staking of monuments immediately after City Council approval as well.

Subdivision Improvement Faithful Performance
Bond
$ 282,034.50
Subdivision Improvement Labor and Material
Bond
$ 41,017.25
Subdivision Maintenance Bond $ 28,203.45
Cash Deposit (Monumentation) Guaranteeing
Performance
$ 10,000.00
Total $ 461,255.20

Fiscal Impacts:

There are no immediate fiscal impacts associated with the release of the Subdivision

Improvement Faithful Performance Bond, the Subdivision Improvement Labor and Material Bond, the Cash Deposit (Monumentation) Guaranteeing Performance and the Subdivision Maintenance Bond. The required public improvements were constructed and funded by the developer as a condition of project approval. Upon acceptance of those improvements, the City assumes responsibility for their ongoing operation and maintenance, which will be incorporated into the existing Streets Maintenance budget.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. Exhibit A - Subdivision Improvement Agreement

2. Exhibit B - Subdivision Improvement Faithful Performance, Labor & Material, & Maintenance Bonds

3. Exhibit C - Cash Deposit (Monumentation) Guaranteeing Performance

EXHIBIT A

Subdivision Improvement Agreement

EXHIBIT B

Subdivision Improvement Bonds

1. Subdivision Improvement Faithful Performance Bond

2. Subdivision Improvement Labor and Material Bond

3. Subdivision Maintenance Bond

EXHIBIT C

Cash Deposit (Monumentation) Guaranteeing Performance

Item: 6.

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 Amendment - Approve Amendment to the Enterprise Fleet Management Program Agreement with Enterprise Fleet Management, in the amount of $64,512.97.

Recommended Action:

1. Approve the Amendment to the Enterprise Fleet Management Program for the Electric Department to purchase a vehicle.

2. Approve the purchase of one (1) vehicle for the Electric Department for an amount not-to exceed $61,576.57, inclusive of applicable taxes, one-time charges and recurring fees, in accordance with Colton Municipal Code 3.08.140 (C).

3. Approve a recurring Administrative Fee of $48.94 per month per vehicle for a total not to exceed $2,936.40 for a period of 5 years.

4. Exempt City Staff from Colton Municipal Code 3.08.150 (A) in accordance with the terms of the Enterprise Master Lease Agreement for fully depreciated vehicles.

5. Authorize the City Manager or designee to execute all contract agreements and amendments and make non-substantive changes to any documents as approved by City Attorney.

Background:

On September 16, 2025, the City Council approved the First Amendment to the Enterprise Fleet Management Program, authorizing the Public Works and Utility Services Department to purchase fleet vehicles as needed. This amendment builds upon the City's original Enterprise Fleet Management agreement established in FY 2024, which implemented a strategic and systematic approach to fleet replacement.

Following the amendment's approval, the Electric Department identified the need to acquire an all-electric Tesla Model Y All-Wheel Drive, a purchase that is authorized under the First Amendment. This acquisition also supports compliance with the California Air Resources

Board's (CARB) Advanced Clean Fleets (ACF) regulation, which requires public agencies to transition their fleets to zero-emission or near-zero-emission vehicles by 2030.

Approving this purchase will enable the City to continue modernizing its fleet, maintain compliance with State regulations, and advance its long-term sustainability and greenhouse gas emission reduction objectives.

Issues/Analysis:

In the First Amendment, staff evaluated purchasing options versus leasing and determined that an upfront purchase of vehicles through the Enterprise program remains the most cost-effective approach, while still maintaining the program’s long-term operational benefits. A cost comparison with similar contracts through Sourcewell found that Enterprise pricing is, on average, 5–7% lower, even after accounting for administrative fees. While there is an initial upfront cost, staff confirmed the program is designed to reduce long term expenses through improved maintenance management, higher resale values, and decreased emergency repairs. This approach provides greater fiscal predictability and stability for future years.

As previously noted in the First Amendment staff report, the City’s Auto Shop will continue to maintain all vehicles, both those included in and outside the Enterprise program. Electric Department vehicles purchased through the Enterprise program will be removed from service once they have reached the end of their useful life, declared surplus, and sold by Enterprise whenever feasible. Proceeds from these sales will be reinvested into the fleet program to offset future leasing and maintenance costs. Because Enterprise can often resell vehicles at values exceeding $10,000, Electric Department staff are requesting a waiver from Colton Municipal Code Section 3.08.150, which requires City Council authorization for surplus sales above that threshold.

Approval of this waiver would allow Enterprise to manage the resale process directly in accordance with the terms of the lease agreement, providing a more efficient and streamlined process for vehicle disposition. The relevant portion of the Colton Municipal Code is as follows:
“The Purchasing Officer shall have authority to sell as surplus all supplies, materials, and equipment...after authorization from the City Council as to any items of an estimated value of ten thousand dollars or more.” Additionally, Section 3.08.140(C) of the City’s Purchasing Ordinance states that competitive bidding is not required when a public agency has already conducted a formal bid process and the offered pricing is equal to or better than the price extended to that agency.

The City of Colton is an active participant in the Sourcewell Cooperative Purchasing Program (Account #71800). Enterprise Fleet Management, Inc. is a pre-approved Sourcewell vendor under Contract #030122-EFM, which allows the City to take advantage of competitively bid pricing and a streamlined procurement process that remains in full compliance with state and municipal purchasing requirements.

Fiscal Impacts:

Sufficient appropriations are available in the FY 2027 adopted budget in the following Electric

Utility Fund Capital Auto Equipment account to support this purchase: 520-8000-8001-4910- 0101-000 for the $61,576.57 purchase.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. 2026 Tesla Model Y Premium AWD Updated - Electric

Prepared For: City of Colton Date 07/29/2026
Sutorus, Jessica AE/AM ZRJ/ALI
Unit #
Year 2026 Make Tesla Model Model Y
Series Premium 4dr All-Wheel Drive Sport Utility
Vehicle Order Type Ordered Term 60 State CA Customer# 481152 $ 53,630.00 Capitalized Price of Vehicle 1
$0.00 * Sales Tax 0.0000% State CA
$ 125.00 * Initial License Fee
$ 0.00 * Registration Fee
$ 170.00 Other: (See Page 2)
$ 53,799.00 * Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 * Security Deposit
$4,707.42 * Taxes
All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote.

Order Information
Driver Name Unassigned Driver
Exterior Color (0 P) Quicksilver
Interior Color Black w/Perforated Vegan Leather Seat Trim Lic. Plate Type Exempt
GVWR 0
$ 1.00 Total Capitalized Amount (Delivered Price)
$ 0.01 Depreciation Reserve @ 1.3500%
$ 44.99 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor) 2 $ 45.00 Total Monthly Rental Excluding Additional Services Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$ 0.00 Physical Damage Management Comp/Coll Deductible 0 / 0 $ 0.00 Full Maintenance Program 3 Contract Miles 0 OverMileage Charge $ 0.0650 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included $ 0.00 Additional Services SubTotal
$ 3.94 Tax 8.7500% State CA
$ 48.94 Total Monthly Rental Including Additional Services $ 0.40 Reduced Book Value at 60 Months
$ 400.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 5,000
(Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval)
Notes
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.

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

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

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

LESSEE City of Colton

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

Open-End (Equity) Lease Rate Quote Quote No: 10166574
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Other Totals
Description (B)illed or (C)apped Price
Initial Administration Fee C $ 170.00
est transport B $ 150.00
Courtesy Delivery Fee C $ 0.00
Total Other Charges Billed $ 150.00
Total Other Charges Capitalized $ 170.00
Other Charges Total $ 320.00
Open-End (Equity) Lease Rate Quote Quote No: 10166574
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VEHICLE INFORMATION:
2026 Tesla Model Y Premium 4dr All-Wheel Drive Sport Utility - US Series ID: MYPRAWD
Pricing Summary:

INVOICE MSRP
Base Vehicle $49,990.00 $49,990.00
Total Options $2,250.00 $2,250.00
Destination Charge $1,390.00 $1,390.00
Total Price
SELECTED COLOR:

Exterior: PN00-(0 P) Quicksilver
Interior: IPB-Black w/Perforated Vegan Leather Seat Trim SELECTED OPTIONS:

CODE DESCRIPTION INVOICE MSRP
FEE Non-Refundable Order Fee $250.00 $250.00
IPB_02 Black w/Perforated Vegan Leather Seat Trim NC NC PAINT Monotone Paint STD STD
PN00_02 (0 P) Quicksilver $2,000.00 $2,000.00
STDEN Dual Motor: Fr AC Induction/Rr AC Permanent Magnet STD STD STDRD Radio: Premium Audio System STD STD
STDTM Perforated Vegan Leather Seat Trim STD STD
STDTN Transmission: 1-Speed Automatic STD STD
STDTR Tires: 19" All-Season STD STD
STY5S 5 Seat Interior STD STD
WY19P Wheels: 19" Crossflow STD STD
$53,630.00 $53,630.00
Open-End (Equity) Lease Rate Quote Quote No: 10166574
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CONFIGURED FEATURES:

Body Exterior Features:

Number Of Doors  4
Driver And Passenger Mirror:  auto dimming power remote heated power folding side-view door mirrors with tilt down Skid Plates:  skid plates
Door Handles:  black
Front And Rear Bumpers:  body-coloured front and rear bumpers with black rub strip Body Material:  galvanized steel/aluminum body material Fender Flares:  black fender flares
Grille:  black grille
Convenience Features:

Air Conditioning  automatic dual-zone front air conditioning Air Filter:  air filter
Rear Air Conditioning:  rear air conditioning with rear controls Console Ducts:  console ducts
Steering Wheel A/C Controls:  steering-wheel mounted A/C controls Voice Activated A/C:  voice activated air conditioning
Power Sunroof:  front and rear fixed laminated glass sunroof Seat Memory:  3 driver memory seat settings (includes door mirrors, steering wheel, audio, HVAC,) Cruise Control:  cruise control with steering wheel controls, Traffic-Aware Cruise Control adaptive Trunk/Hatch/Door Remote Release:  proximity cargo access remote release Power Windows:  power windows with front and rear 1-touch down 1/4 Vent Rear Windows:  power rearmost windows
Illuminated Entry:  illuminated entry
Integrated Key Remote:  integrated key/remote
Auto Locking:  auto-locking doors
Passive Entry:  proximity key
Valet Key:  valet function
Trunk FOB Controls:  keyfob trunk/hatch/door release
Window FOB Controls:  remote window controls
Steering Wheel:  heated steering wheel with power tilting, power telescoping, auto tilt-away Day-Night Rearview Mirror:  day-night rearview mirror
Auto-dimming Rearview Mirror:  auto-dimming rearview mirror Driver and Passenger Vanity Mirror:  illuminated auxiliary driver and passenger-side visor mirrors Emergency SOS:  emergency communication system
Navigation System:  navigation system with voice activation Front Cupholder:  front and rear cupholders
Floor Console:  full floor console with covered box
Glove Box:  illuminated locking glove box
Driver Door Bin:  driver and passenger door bins
Rear Door Bins:  rear door bins
Seatback Storage Pockets:  2 seatback storage pockets
IP Storage:  covered bin instrument-panel storage
Driver Footrest:  driver's footrest
Retained Accessory Power:  retained accessory power
Power Accessory Outlet:  1 12V DC power outlet
Entertainment Features:
radio  FM/HD with seek-scan
Radio Data System:  radio data system
Amplifier:  amplifier
Voice Activated Radio:  voice activated radio
Steering Wheel Radio Controls:  steering-wheel mounted audio controls Rear Audio Controls:  multi-source rear audio controls
Speakers:  15 speakers
Open-End (Equity) Lease Rate Quote Quote No: 10166574
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Entertainment Centre:  rear entertainment system with digital media Internet Access:  internet access
1st Row LCD:  1 1st row LCD monitor
2nd Row LCD:  1 2nd row entertainment LCD monitor
Wireless Connectivity:  wireless phone connectivity
Antenna:  window grid antenna
Lighting, Visibility and Instrumentation Features:

Headlamp Type  delay-off reflector LED low/high beam headlamps Auto-levelling Headlights:  auto-leveling headlights
Auto-Dimming Headlights:  auto high-beam headlights
Front Wipers:  variable intermittent rain detecting wipers wipers with heating wiper park Rear Window Defroster:  rear window defroster
Tinted Windows:  deep-tinted windows
Dome Light:  dome light with xxxxxx
Front Reading Lights:  front and rear reading lights
Door Curb/Courtesy Lights:  4 door curb/courtesy lights Variable IP Lighting:  variable instrument panel lighting Display Type:  digital appearance
Compass:  compass
Exterior Temp:  outside-temperature display
Low Tire Pressure Warning:  tire specific low-tire-pressure warning Park Distance Control:  Vision Park Assist front/rear/side parking sensors Trip Computer:  trip computer
Trip Odometer:  trip odometer
Lane Departure Warning:  lane departure
Blind Spot Sensor:  blind spot
Front Pedestrian Braking:  front pedestrian detection
Following Distance Indicator:  xxxxxx
Forward Collision Alert:  forward collision
Clock:  digital clock
Systems Monitor:  driver information centre
Rear Vision Camera:  rear vision camera
Battery Warning:  battery warning
Lights On Warning:  lights-on warning
Key in Ignition Warning:  key-in-ignition warning
Door Ajar Warning:  door-ajar warning
Trunk Ajar Warning:  trunk-ajar warning
Brake Fluid Warning:  brake-fluid warning
Safety And Security:

ABS  four-wheel ABS brakes
Number of ABS Channels:  4 ABS channels
Brake Assistance:  brake assist
Brake Type:  four-wheel disc brakes
Vented Disc Brakes:  front and rear ventilated disc brakes Daytime Running Lights:  daytime running lights
Driver Front Impact Airbag:  driver and passenger front-impact airbags Driver Side Airbag:  seat-mounted driver and passenger side-impact airbags Overhead Airbag:  curtain 1st and 2nd row overhead airbag Occupancy Sensor:  front passenger airbag occupancy sensor Height Adjustable Seatbelts:  height adjustable front seatbelts Seatbelt Pretensioners:  front and rear seatbelt pre-tensioners 3Point Rear Centre Seatbelt:  3 point rear centre seatbelt Side Impact Bars:  side-impact bars
Perimeter Under Vehicle Lights:  perimeter/approach lights Tailgate/Rear Door Lock Type:  tailgate/rear door lock included with power door locks Open-End (Equity) Lease Rate Quote Quote No: 10166574
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Rear Child Safety Locks:  rear child safety locks
Ignition Disable:  immobilizer
Security System:  security system Sentry Mode with video/image recording Tracker System:  tracker system
Electronic Stability:  electronic stability
Traction Control:  ABS and driveline traction control
Front and Rear Headrests:  fixed front head restraints
Rear Headrest Control:  2 rear head restraints
Break Resistant Glass:  break resistant glass
Seats And Trim:

Seating Capacity  max. seating capacity of 5
Front Bucket Seats:  front bucket seats
Front Heated Cushion:  driver and passenger heateds
Heated Rear Seat:  heated rear seat
Ventilated Seats:  ventilated front seats
Number of Driver Seat Adjustments:  8-way driver and passenger seat adjustments Reclining Driver Seat:  power reclining driver and passenger seats Driver Lumbar:  power 4-way driver and passenger lumbar support Driver Height Adjustment:  power height-adjustable driver and passenger seats Driver Fore/Aft:  power driver and passenger fore/aft adjustment Driver Cushion Tilt:  power driver and passenger cushion tilt Front Centre Armrest Storage:  front centre armrest
Rear Seat Type:  rear power reclining 40-20-40 split-bench seat Rear Folding Position:  rear seat fold-forward seatback Rear Seat Fold into Floor:  folding activation rear seat Rear Seat Armrest:  rear seat centre armrest
Leather Upholstery:  leatherette front and rear seat upholstery Door Trim Insert:  simulated suede door panel trim
Headliner Material:  full cloth headliner
Floor Covering:  full carpet floor covering
Dashboard Console Insert, Door Panel Insert Combination:  cloth instrument panel insert, door panel insert, console insert LeatherSteeringWheel:  leatherette steering wheel
Leather Dashboard:  leather dashboard
Floor Mats:  carpet front and rear floor mats
Interior Accents:  metal-look interior accents
Cargo Space Trim:  carpet cargo space
Trunk Lid:  xxxxxx xxxxxx
Cargo Cover:  folding cargo cover
Cargo Tie Downs:  cargo tie-downs
Cargo Light:  cargo light
Concealed Cargo Storage:  concealed cargo storage
Standard Engine:

Engine 375-hp, (electric)
Standard Transmission:

Transmission  1-speed automatic
Open-End (Equity) Lease Rate Quote Quote No: 10166574
Printed On 07/29/2026 03:13:07 PM Page 6 of 6

Item: 7.

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 - Approve multi-year Professional Services Agreement with Infinity Technologies in the amount of $265,000, annually.

Recommended Action:

1. Approve a Professional Services Agreement with Infinity Technologies for GIS Administration and support services for an amount not to exceed $265,000 annually, and approve an initial term of three-years, with the option of two one-year extensions.

2. Determine that it is in the City's best interest to waive the formal competitive procurement requirements pursuant to Colton Municipal Code Section 3.08.10(E).

3. Authorize the City Manager or designee to execute the agreement and any related documents and make non-substantive changes as approved by City Attorney.

Background:

The City of Colton utilizes Geographic Information System (GIS) software to map and maintain information related to City's infrastructure, facilities, equipment, and other departmental needs.

Historically, these services were performed by in-house GIS staff. However, staffing limitations created a need for outside technical support to maintain and administer the City’s GIS system.

In June 2025, the City entered into an agreement with Infinity Technologies to provide GIS administration and support services for the Public Works and Utility Services Department and Electric Department, in coordination with the City’s Information Services Division. Since that time, Infinity Technologies has assisted the City with maintaining the GIS system, updating mapping data and informational layers, and providing ongoing technical support. Continued GIS services are necessary to maintain the accuracy, accessibility, and reliability of the City’s GIS information.

Issues/Analysis:

The need for an experienced and readily available administrator to oversee and support the City’s GIS system continues to be a critical resource for multiple departments. Since entering into an agreement with the City in June 2025, Infinity Technologies has developed extensive knowledge of the City’s GIS environment, data structure, mapping layers, and departmental needs. Infinity Technologies has assisted with system administration, database updates, data corrections, technical support, and various mapping projects requested by City staff. Staff has been very satisfied with the performance by Infinity Technologies.

Staff recommends continuing these services with Infinity Technologies rather than initiating a new competitive solicitation. Transitioning to another GIS administrator would require additional time and cost to familiarize a new consultant with the City’s GIS system, internal data structure, ongoing projects, and identified data issues. It could also delay current mapping and system-improvement efforts. Continuing with Infinity Technologies will maintain continuity of service, preserve the institutional knowledge developed over the past year, and avoid unnecessary transition costs and operational disruptions.

Pursuant to Colton Municipal Code Section 3.08.140(E), Exceptions to competitive bidding — Non-Public Projects. The purpose of bidding is otherwise accomplished. When the City Manager determines that it is in the best interest of the City and its administrative operations to dispense with public bidding for non-Public Projects under this chapter. Prior City Council concurrence with the City Manager's determination shall be required for non-public projects over one hundred thousand dollars. Staff recommends that the City Council determine that continuing with Infinity Technologies is in the City’s best interest and waive the formal competitive procurement requirements. Infinity Technologies has demonstrated the experience, qualifications, and familiarity necessary to continue supporting the City’s GIS system without interruption.

Fiscal Impacts:

The proposed agreement is for a three-year term in an amount not to exceed $265,000 annually.

The agreement is not a lump-sum contract. Services will be provided on an as-needed basis, and the City will only be invoiced for services authorized and completed under the agreement.

Sufficient appropriations are available in the FY 2026/27 adopted budget in the following accounts:

Department Account Number Total
Requested
Water Utility 521-8100-8101-2350-0000-000 $70,000
Sewer Utility 522-8200-8200-2350-0000-000 $70,000
Public Works 100-6150-6160-2350-0000-000 $15,000
Electric Utility 520-8000-8002-2350-0923-000 $50,000
Planning Department 100-6300-6301-2350-0000-000 $50,000

Police Department 100-6070-6071-2315-0000-000 $10,000

Total Annual Purchase Order $265,000

Alternatives:

Provide alternative direction to staff.

Attachments:

1. Infinity Technologies Contract

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CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this __ 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 Infinity Technologies, a Corporation in the State of California, with its principal place of business at 3017 Douglas Blvd, Suite 300, Roseville, CA 95661 ("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 GIS support services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project; Colton Utility Authority.

City desires to engage Consultant to render such professional City of Colton GIS Support Services 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 GIS support consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreem ent, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2026, to June 30, 2029, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one- year terms. 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

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consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Fees and Payments.

3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred and Sixty-Five Thousand Dollars ($265,000) annually without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

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

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

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

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

3.3 Responsibilities of Consultant.

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

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

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obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

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

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

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

3.3.5 City's Representative . The City hereby designates Chad Blais, Public Works & Utility 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 3.2 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.3.6 Consultant's Representative. Consultant hereby designates Mohammad Ahmed, 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 portions of the Services under this Agreement.

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

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all reasonable times.

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

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

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

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

3.3.10 Laws and Regulations ; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, 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 clai m or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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

Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any

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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 Departm ent 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 3.3.10 or any of its sub- sections.

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

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

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

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

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

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

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

3.3.11 Insurance.

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

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

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

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

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

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

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

3.3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.4(A).
(B) Automobile Liability . The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, offic ers, 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

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

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

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

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

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

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

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

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

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

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

3.3.12 Water Quality Management and Compliance.

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

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

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

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

Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the

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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 fro m the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.3.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.

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 and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting

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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 this Agreement except for cause.

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

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

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

Consultant: Infinity Technologies
PO Box 582404

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Elk Grove, CA 95758
ATTN: Mohammad Ahmed, President

City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: Chad Blais, Public Works & 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, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

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

3.6.3.3 Right to Use . City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or

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

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

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

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another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.5 Indemnification.

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

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

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

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

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

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

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

(BB&K 2024)
23152.06000\30453088.2 -15-

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 ; Colton Utility Authority . 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. To the extent that this Agreement is deemed to be a "material contract" under the CUA Management Agreement, Consultant has no right to terminate this Agreement, either with or without cause, based upon the existence or non- existence of the CUA Management Agreement. Therefore, if the CUA Management Agreement expires or terminates for any reason, Consultant shall remain fully obligated to perform under this Agreement on behalf of the CUA or another third party contracted by the CUA for the maintenance, management and operation of the Water Enterprise and/or Wastewater Enterprise.

3.6.12 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 th e performance of the

(BB&K 2024)
23152.06000\30453088.2 -16-

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

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

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

3.7 Subcontracting.

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

(BB&K 2024)
23152.06000\30453088.2 -17-

SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF COLTON AND INFINITY

TECHNOLOGIES

CITY OF COLTON INFINITY TECHNOLGIES
a Corporation

By: ____________________________ By: _________________________ William R. Smith Mohammad Ahmed
City Manager CEO

Attest:

____ By: _________________________
Isaac T. Suchil Mohammad Ahmed
City Clerk Treasurer

Recommended for Approval:

_________________________
Executive Director
Colton Utility Authority

Approved as to Form:

______________________________
Best Best & Krieger LLP
City Attorney

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

EXHIBIT "A"

SCOPE OF SERVICES
(See Attached Scope)

March 3
rd, 2026

City of Colton

GIS Support Services

INTRODUCTION
Infinity Technologies would like to thank the City of Colton for the opportunity to provide support for your GIS needs. Infinity Technologies is submitting this scope of work that will provide the City of Colton with GIS staffing to respond to a variety of GIS tasks. We offer these services under a time and materials hourly rate schedule as described in the pages to follow.

Additionally, we have a broad set of experience and expertise to offer IT and GIS services beyond the scope outlined below for any new or special projects. In these instances, we will collaborate with you to develop a budget to ensure they meet your time and cost expectations.

Infinity Technologies is also a business partner with Esri. Partnering with the industry’s leading software provider keeps our staff informed and trained on the very latest advancements in GIS technology.

PROJECT BACKGROUND
Infinity Technologies has been providing GIS support to Colton since June 2025. Early work was focused on gaining access to the full GIS platform and applying updated licensing to keep the GIS operational. Later work has been focused on delivering GIS solutions and products to the Colton departments. Examples of this work included:
• Updating GIS layers (addresses, zoning, street signage, streets, etc....) • Recent work to gain access to a regular update of parcel level geometry and details • Building a new comprehensive GIS application for staff use • Extracting and sending GIS data to the Police Department • Building field mapping solutions to track public works related maintenance operations • Working with the Electric Department to facilitate GIS data updates and GIS access • Researching, organizing and centralizing GIS data to reduce redundant data sources.

Looking to the future, there are several larger tasks that are important to move Colton’s GIS into a modern and stable platform. These include:
• Upgrade to the latest version of ArcGIS Enterprise.
o This project will also require content migration and rebuilding of several GIS solutions and integrated services within the new platform. • Additional mapping applications for staff
• Centralized GIS database in SQL Server
• New mapping applications for the public
• Migration of utility-based GIS content to Utility Network • Establishing GIS data maintenance solutions

Infinity Technologies is prepared to work on these larger projects , while continuing to provide day-to-day GIS support across the city departments.

SCOPE OF WORK
TASK 1. ArcGIS Enterprise Upgrade and Migration
Infinity Technologies GIS staff will work with Colton staff to upgrade the existing GIS platform to the latest version of ArcGIS Enterprise. Project steps will include:
• Working with Colton IT staff to establish a new set of VM servers • Installation of ArcGIS Enterprise
• Migration of all GIS data layers to new SQL server
• Republishing GIS services
• Develop new or re-establish GIS applications for staff • Update and test GIS integration with Community Development permitting solution • Decommission older GIS platform

TASK 2. General GIS Support Services
Infinity Technologies GIS staff will provide timely and accurate GIS products and services. Types of general GIS support may include the following:
• Map creation (hardcopy/PDF)
• Analysis and reporting
• Data updates and maintenance
• Data export requests
• WebGIS solution maintenance/development/development/development (GIS Viewers, Dashboards, Story Maps)

TASK 3. GIS Data Improvement and Editing Solutions
Work with Colton staff to review and prioritize data improvement and editing solutions. • Automate parcel update routine
• Audit and execution of plan to improve water and storm water GIS layers • Develop mapping applications designed to allow Colton staff to maintain key GIS datasets. (addresses, right-or-way assets, water, storm water, etc....) • Field mapping workflow designed to capture park asset information • Develop standard operating procedures that document how key GIS layers are maintained

TASK 4. Mapping Applications for Public Use
Infinity Technologies GIS staff will work with Colton staff to plan and develop new public -facing mapping technology.
• Allow public to quickly look up property related information for (zoning, general plan, council district, garbage day, street sweeping, etc.....) • Park information
• Compatible with mobile browsing customers

TASK 5. Utility Network
Infinity Technologies GIS staff will work with Colton Public Works and Electric staff to review and determine if a plan to move electric and water GIS datasets into Utility Network is tenable and brings long term value to Colton.
• Review and provide recommendations for migrating to Utility Network • Execute plan to migrate Electric and/or Water data to Utility Network • Configure new GIS web mapping applications utilizing the Utility Network data models.

Includes trace isolation, editing solutions, viewer solutions, etc….

COST ESTIMATE

HOURLY RATE SCHEDULE
GIS Services

IT Services

TASK YEAR 1

ESTIMATED
COSTS
YEAR 2

ESTIMATED
COSTS
Task 1 – ArcGIS Enterprise Upgrade and Migration $20,000 - Task 2 – General GIS Support $65,000 $85,000
Task 3 – GIS Data Improvement and Editing Solutions $15,000 $10,000 Task 4 – Mapping Applications for Public Use $5,000 -
Task 5 – Utility Network $50,000 $30,000
TOTALS $155,000 $125,000
GIS CLASSIFICATION HOURLY RATE ($)
REMOTE
HOURLY RATE ($)

ON-SITE
Project Manager 175 185
Enterprise GIS Architect 160 170
Senior GIS Analyst 145 155
GIS Analyst II 130 140
GIS Analyst I 120 130
Senior GIS Technician 115 125
GISTechnician II 110 120
GIS Technician I 100 110
IT CLASSIFICATION HOURLY RATE ($)
REMOTE
HOURLY RATE ($)

ON-SITE
IT Project Manager 175 185
Network Engineer 155 165
Systems Engineer 140 150
Systems Analyst I 125 135
IT Technician I 115 125
Remote Help Desk 105 115

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

EXHIBIT "B"

SCHEDULE OF SERVICES
The GIS Support Services will commence upon full execution of the contract for the period from July 1, 2026, to June 30, 2029. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than two additional one-year terms.

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

EXHIBIT "C"

COMPENSATION

The total amount for the GIS Support Services under this Agreement shall not exceed Two Hundred Sixty-Five Thousand Dollars and Zero Cents ($265,000) annually for the period of July 1, 2026 to June 30, 2029.

Item: 8.

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 Pelican Coast Electric, Inc. for as-needed Utility Civil Work and Permitting Services in an amount of $300,000.

Recommended Action:

Award contract to Pelican Coast Electric, Inc. to provide as-needed utility civil work and permitting services for the City of Colton Electric Utility with annual not-to-exceed amount of $300,000.

Background:

On May 19, 2026, in compliance with Colton Municipal Code 3.08.110, staff issued a Request for Proposals (RFP) for as-needed utility civil work and permitting services for the City of Colton Electric Utility (CEU). The RFP and supporting documents were posted through BidNet Direct, the City’s online procurement system, which notified 56 registered vendors of the contracting opportunity.

Proposals were due on June 19, 2026, at 3:00 p.m. A public proposal opening was conducted at the CEU administrative offices, and two proposals were received for evaluation.

Issues/Analysis:

Pelican Coast Electric, Inc. and JE Estate LLC submitted responsive proposals. Staff evaluated the proposals based on compliance with the RFP requirements, relevant qualifications and experience, ability to perform the requested services, and proposed fee structure.

Based on the evaluation, Pelican Coast Electric, Inc. submitted a proposal that most closely aligns with CEU’s operational needs. The firm demonstrated the qualifications and experience necessary to provide as-needed utility civil work and permitting services and offered a reasonable and competitive fee structure.

Staff therefore recommend awarding the contract to Pelican Coast Electric, Inc with an annual not-to-exceed amount of $300,000. The firm’s fee proposal is included as an attachment to this report.

AB 339 requirements have been evaluated and met for this item.

Fiscal Impacts:

Sufficient appropriations are available in the adopted Fiscal Year 2026-27 budget in Electric Utility Fund Engineering Division Professional Services Account No. 520-8000-8002-2350- 0923-000.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. Pelican Coast - Colton CEU Proposal

2. PCE Utility Civil Work & Permitting Contract 07-22-2026

June 22, 2026

STATEMENT OF QUALIFICATIONS
Professional Services for Utility Civil Work & Permitting RFQ No. CEU-26-01
Submitted To
City of Colton
Electric Utility Department
Submitted By
Pelican Coast Electric, Inc.
2901 West Coast Hwy #200
Newport Beach, CA 92663
Underground Utility Construction • Qualified Electrical Workers • Engineering Support • As-Built Documentation

Table of Contents
Cover Letter
Team Overview & Qualifications
Understanding of Colton's Needs
Project Approach
Safety & Quality Program
Team Organization & Responsibilities
Key Personnel
Relevant Project Experience
Fee Proposal
Additional Requirements

APPENDICES
Appendix A – Key Personnel Resumes
Appendix B – Required Forms & Certifications
Appendix C – Certificate of Insurance
03 04
05 06
07 08
09 10
13 14

C o v e r L e t t e r
J u n e 2 2 , 2 0 2 6
D e a r M r . B a u t i s t a ,
P e l i c a n C o a s t E l e c t r i c i s p l e a s e d t o s u b m i t t h i s S t a t e m e n t o f Q u a l i f i c a t i o n s i n r e s p o n s e t o R F P N o . C E U - 2 6 - 0 1 f o r P r o f e s s i o n a l S e r v i c e s f o r U t i l i t y C i v i l W o r k a n d P e r m i t t i n g .

T o s u p p o r t t h e C i t y o f C o l t o n E l e c t r i c U t i l i t y , P e l i c a n C o a s t E l e c t r i c h a s a s s e m b l e d a h i g h l y q u a l i f i e d t e a m c o m p r i s e d o f L i n c o l n C o n s t r u c t i o n a n d M a g n a C o n s u l t i n g & D e s i g n . T o g e t h e r , o u r t e a m d e l i v e r s c o m p r e h e n s i v e c a p a b i l i t i e s i n c l u d i n g c i v i l c o n s t r u c t i o n , e l e c t r i c a l u t i l i t y s u p p o r t , e n g i n e e r i n g , s u r v e y i n g , p e r m i t t i n g , a n d a s - b u i l t d o c u m e n t a t i o n t o s u c c e s s f u l l y e x e c u t e u n d e r g r o u n d u t i l i t y i n f r a s t r u c t u r e p r o j e c t s t h r o u g h o u t t h e C i t y .

L i n c o l n C o n s t r u c t i o n b r i n g s e x t e n s i v e e x p e r i e n c e i n u n d e r g r o u n d u t i l i t y c o n s t r u c t i o n , i n c l u d i n g t r e n c h i n g , c o n d u i t i n s t a l l a t i o n , e x c a v a t i o n , r e s t o r a t i o n , a n d r e l a t e d c i v i l i m p r o v e m e n t s . P e l i c a n C o a s t E l e c t r i c p r o v i d e s Q u a l i f i e d E l e c t r i c a l W o r k e r s ( Q E W ) , e l e c t r i c a l u t i l i t y e x p e r t i s e , c o o r d i n a t i o n , a n d c o n s t r u c t i o n s u p p o r t . M a g n a C o n s u l t i n g & D e s i g n c o n t r i b u t e s e n g i n e e r i n g s e r v i c e s , u t i l i t y m a p p i n g , s u r v e y i n g , p e r m i t t i n g a s s i s t a n c e , q u a l i t y a s s u r a n c e , a n d a s - b u i l t d o c u m e n t a t i o n d e v e l o p m e n t .

O u r t e a m u n d e r s t a n d s t h e c r i t i c a l i m p o r t a n c e o f s a f e t y , r e s p o n s i v e n e s s , a c c u r a t e d o c u m e n t a t i o n , a n d s e a m l e s s c o o r d i n a t i o n i n s u p p o r t i n g m u n i c i p a l u t i l i t y o p e r a t i o n s . W e a r e c o m m i t t e d t o d e l i v e r i n g r e l i a b l e , c o s t - e f f e c t i v e , a n d p r o f e s s i o n a l s e r v i c e s t o s u p p o r t b o t h p l a n n e d a n d e m e r g e n c y u t i l i t y w o r k .

P e l i c a n C o a s t E l e c t r i c o p e r a t e s a s a n S - C o r p o r a t i o n w i t h i t s p r i n c i p a l o f f i c e l o c a t e d a t 2 9 0 1 W e s t C o a s t H w y # 2 0 0 , N e w p o r t B e a c h , C A 9 2 6 6 3 . T h e p r i m a r y p o i n t o f c o n t a c t f o r t h i s p r o p o s a l i s A u s t i n T o r r e s , P r e s i d e n t , w h o c a n b e r e a c h e d a t ( 9 4 9 ) 7 0 6 - 4 9 5 7 . P e l i c a n C o a s t E l e c t r i c a l s o b r i n g s r e l e v a n t e x p e r i e n c e s u p p o r t i n g m u n i c i p a l a g e n c i e s t h r o u g h o u r c u r r e n t E V d e s i g n - b u i l d p r o j e c t , p r o v i d i n g s t r o n g f a m i l i a r i t y w i t h p e r m i t t i n g p r o c e s s e s , c o o r d i n a t i o n r e q u i r e m e n t s , a n d o p e r a t i o n a l s t a n d a r d s .

W e a p p r e c i a t e t h e o p p o r t u n i t y t o b e c o n s i d e r e d f o r t h i s c o n t r a c t a n d w e l c o m e t h e o p p o r t u n i t y t o s u p p o r t t h e C i t y o f C o l t o n E l e c t r i c U t i l i t y . T h a n k y o u f o r y o u r c o n s i d e r a t i o n .

R e s p e c t f u l l y s u b m i t t e d ,
P r e s i d e n t
P e l i c a n C o a s t E l e c t r i c , I n c .

C A L i c : C - 1 0 # 1 1 3 3 1 9 3
D I R : 2 0 0 0 0 1 3 6 5 6
A u s t i n T o r r e s
C i t y o f C o l t o n
E l e c t r i c U t i l i t y D e p a r t m e n t
C o l t o n , C a l i f o r n i a
R E : R F P N o . C E U - 2 6 - 0 1
P r o f e s s i o n a l S e r v i c e s f o r U t i l i t y C i v i l W o r k & P e r m i t t i n g
P a g e | 0 3

Team Overview & Qualifications
Pelican Coast Electric, Lincoln Construction, and Magna Consulting & Design have assembled a multidisciplinary team capable of providing the full range of services required to support the City of Colton Electric Utility's underground infrastructure program.

Pelican Coast Electric will serve as the primary point of contact and provide Qualified Electrical Workers (QEW), electrical utility expertise, utility coordination, and electrical construction support services. Their personnel have experience supporting utility infrastructure projects and maintaining compliance with applicable utility safety requirements and construction standards.

Lincoln Construction provides underground utility construction services including trenching, excavation, structure and conduit installation, restoration, directional boring, and related civil infrastructure improvements. Their team has extensive
experience performing utility construction activities in active public rights-of-way and utility environments.

Magna Consulting & Design provides engineering support, utility mapping, as-built development, surveying support, permitting assistance with various agencies, and quality assurance services.

Magna's team has extensive experience supporting municipal utilities, public agencies, and utility infrastructure projects throughout California.

Together, the team provides the City with a coordinated solution capable of supporting utility projects from initial field investigation through construction, documentation, and project closeout.

U n d e r g r o u n d U t i l i t y C o n s t r u c t i o n Q u a l i f i e d E l e c t r i c a l W o r k e r s ( Q E W ) U t i l i t y E n g i n e e r i n g S u p p o r t
U t i l i t y S u r v e y i n g
U t i l i t y P e r m i t t i n g
A s - B u i l t D o c u m e n t a t i o n
M u n i c i p a l U t i l i t y E x p e r i e n c e
R a p i d R e s p o n s e C a p a b i l i t y
S a f e t y - F o c u s e d O p e r a t i o n s
Page | 04
T e a m C a p a b i l i t i e s :

California-Based Team
Utility Construction & Engineering Expertise
Municipal Utility Experience
Multidisciplinary Staff
Responsive On-Call Support
Experience with GO95, GO128 & GO164
Integrated Construction, Engineering &
Documentation Services
W h y O u r T e a m :

P E L l C A N C O A S T E L E C T R I C
( P r i m e C o n t r a c t o r )
E l e c t r i c a l U t i l i t y S u p p o r t
Q u a l i f i e d E l e c t r i c a l W o r k e r s

L I N C O L N C O N S T R U C T I O N
U n d e r g r o u n d C i v i l
T r e n c h i n g
E x c a v a t i o n
C o n d u i t I n s t a l l a t i o n
R e s t o r a t i o n

M A G N A C O N S U L T I N G & D E S I G N
E n g i n e e r i n g & D o c u m e n t a t i o n
U t i l i t y E n g i n e e r i n g
A s - B u i l t s
C A D D r a f t i n g
S u r v e y i n g
P e r m i t t i n g

Q A / Q C

Understanding of Colton's Needs
The City of Colton Electric Utility requires a qualified team capable of supporting underground electrical infrastructure projects through both planned and on-call assignments. These services are essential to maintaining system reliability, supporting capital improvements, responding to operational needs, and ensuring the continued safe operation of the City's electric utility system. Successful project delivery requires experienced personnel capable of safely performing work within active utility environments while maintaining accurate utility records and documentation.

Page | 05
Underground Utility Infrastructure
Underground utility projects require close coordination between civil construction activities, electrical utility operations, and field documentation. The City requires a team capable of performing trenching, conduit installation, restoration, and related infrastructure improvements while maintaining compliance with utility safety requirements and construction standards. Coordination between construction personnel and Qualified Electrical Workers is critical to maintaining safety and minimizing impacts to existing utility operations.

Utility Construction & Electrical Coordination
Accurate utility records are essential to the long-term management of underground infrastructure.

Engineering support, utility mapping, surveying, permitting assistance, CAD drafting, and as-built documentation help ensure completed work is properly documented and incorporated into the City's utility records. These services provide the information necessary to support future maintenance, planning, and infrastructure improvements.

Engineering, Surveying & Documentation
Utility assignments vary in size, complexity, and urgency. The City requires a team capable of mobilizing resources efficiently, coordinating with City staff, and providing responsive support for both planned projects and operational needs. By combining civil construction, electrical utility support, engineering, and documentation resources, our team is prepared to support projects from initial field investigation through project closeout.

Responsiveness & On-Call Support
By combining underground civil construction, Qualified Electrical Worker support, engineering services, and utility documentation capabilities, our team provides the City with a coordinated approach capable of supporting utility projects from initial field investigation through construction, documentation, and project closeout.

Our Understanding

Project Approach
Upon receipt of a work assignment, our team will coordinate with City staff to review project objectives, site conditions, scheduling requirements, and project constraints. A designated point of contact will be established to ensure efficient communication and coordination throughout the assignment.

Page | 06
Work Assignment
Available utility records, mapping information, and existing documentation will be reviewed and incorporated into a DigAlert (USA) ticket prior to the commencement of field activities. All applicable utility locating services will be notified and coordinated in accordance with regulatory requirements.

Site verification will be performed as necessary to confirm existing conditions, identify potential conflicts, and support efficient project planning and execution. As needed, subsurface utility engineering methods, including potholing (vacuum excavation), will be employed to positively identify and verify the horizontal and vertical location of existing underground utilities.

Field Review
Lincoln Construction will perform the required underground civil construction activities, including trenching, excavation, conduit installation, restoration, and related infrastructure improvements.

Pelican Coast Electric will provide Qualified Electrical Workers (QEW), electrical utility coordination, and electrical support services necessary to safely perform work within active utility environments.

Construction & Utility Support
Magna Consulting & Design will provide engineering support, utility mapping, CAD drafting, surveying assistance, permitting support, and as-built documentation services. Documentation will be maintained throughout each assignment to ensure utility records remain accurate and complete.

Engineering & Documentation
Following completion of field activities, the team will coordinate final documentation, record updates, and project closeout requirements with City staff. As-built information and supporting project documentation will be provided in accordance with City requirements to support future operations and maintenance activities.

Project Closeout

Safety & Quality Program
Safety is integrated into all phases of project execution, from initial field investigations through construction, documentation, and project closeout. Our team prioritizes identifying and managing risks early to maintain a safe and controlled work environment. We are committed to protecting employees, City personnel, utility facilities, and the public by adhering to all applicable safety regulations and utility requirements. Through consistent use of safe work practices, clear communication, and ongoing monitoring, we ensure that all activities are performed responsibly and with minimal risk.

Page | 07
Safety Commitment
Underground utility construction requires careful planning, coordination, and a strong focus on hazard awareness due to the complexity of working around existing infrastructure and within active public environments. Field activities are supported through detailed pre-task planning that identifies potential risks and defines safe work procedures before work begins. Utility locate verification is performed to confirm the position of existing facilities and prevent accidental damage, while traffic control measures are implemented to protect both workers and the public in and around the work zone. Each task is further guided by job hazard analyses and reinforced through daily safety briefings that address site-specific conditions, responsibilities, and changing risks. When work involves electrical systems or energized facilities, Qualified Electrical Workers (QEW) are utilized to ensure that all activities are performed safely, professionally, and in strict accordance with established utility standards and best practices.

Utility Construction Safety
Quality assurance begins with thorough and accurate field verification and continues seamlessly throughout construction, engineering, and documentation activities. From the outset, our team places a strong emphasis on collecting reliable field data to ensure that design assumptions align with actual site conditions. As the project progresses, this commitment to quality is maintained through consistent monitoring, verification, and coordination among field crews, engineers, and project stakeholders. Utility records, engineering documents, permit records, and as-built information are carefully reviewed, cross- checked, and validated to ensure accuracy, consistency, and completeness at every stage of the project.

Prior to final submission, all documentation undergoes a structured quality control review process to confirm that it meets project specifications, regulatory requirements, and City standards. This disciplined approach not only minimizes errors and discrepancies but also ensures that all completed work is clearly documented, properly recorded, and fully integrated into the City’s utility records, supporting long-term system reliability and future maintenance efforts.

Quality Assurance & Documentation
Our team actively promotes accountability, effective communication, and continuous improvement throughout all phases of the project. This is achieved through regular safety reviews, structured quality checks, and the documentation and application of lessons learned from ongoing field and engineering activities. Team members at all levels are encouraged to take ownership of their responsibilities, promptly report issues, and collaborate to implement corrective actions when needed. Open communication channels ensure that important information is shared in a timely manner among field crews, project managers, and City representatives, helping to prevent misunderstandings and improve coordination. By consistently evaluating performance and incorporating feedback into daily operations, our approach helps reduce risk, enhance efficiency, and maintain high standards of quality. This commitment to continuous improvement ultimately supports reliable, safe, and successful project delivery throughout the duration of the contract.

Continuous Improvement

Team Member Role Primary Responsibility
Austin Torres Principal Primary Point of Contact, Project Coordination, Schedule Management
Henry Nunez Engineering & QA/QC
Manager
Engineering Support, As-Builts, QA/QC,
Documentation
Annie Lambaren Civil Construction Lead Underground Utility Construction, Trenching, Restoration
Pelican Coast QEW
Crew Electrical Utility Support Qualified Electrical Worker Services, Utility Coordination
Team Organization & Responsibilities
Page | 08
A u s t i n T o r r e s
P r i n c i p a l
P r i m a r y P o i n t o f C o n t a c t ,
P r o j e c t C o o r d i n a t i o n
A n n i e L a m b a r e n
L i n c o l n C o n s t r u c t i o n
C i v i l C o n s t r u c t i o n L e a d
H e n r y N u n e z
M a g n a C o n s u t i n g & D e s i g n , I n c .

E n g i n e e r i n g & Q A / Q C M a n a g e r
Q E W C r e w
P e l i c a n C o a s t E l e c t r i c
E l e c t r i c a l U t i l i t y S u p p o r t
The project team has been organized to provide the City of Colton with a clear and efficient management structure. Austin Torres will serve as the primary point of contact and will coordinate all project activities with City staff. Annie Lambaren will oversee underground civil construction activities, Pelican Coast Electric will provide Qualified Electrical Worker support and electrical utility coordination, and Henry Nunez will oversee engineering support, as-built documentation, quality assurance, and project records management. This structure provides the City with a single point of accountability while ensuring each service area is led by experienced personnel.

Team Structure

Key Personnel
See Following Resumes
Page | 09

2901 West Coast Highway, Suite 200, Newport Beach, CA 92663 | 949-989-4404 | [email protected]

AUSTIN TORRES
Owner | Project Manager
California C-10 Electrical Contractor #1133193 | DIR Registered Public Works Contractor

QUALIFICATIONS SUMMARY
Austin Torres is the Owner and Project Manager of Pelican Coast Electric with over 18 years of experience in utility construction, civil infrastructure, emergency restoration, and public works projects throughout Southern California. A graduate of the California-Nevada JATC Apprenticeship Program, Austin advanced through leadership positions including Crew Foreman, General Foreman, Superintendent, and Project Manager before founding Pelican Coast Electric in 2023. Throughout his career, he has successfully managed and delivered multimillion-dollar utility and infrastructure projects for utility providers, municipalities, public agencies, and commercial clients.

RELEVANT UTILITY & INFRASTRUCTURE EXPERIENCE
 Southern California Edison Transmission & Distribution Projects  Underground Transmission Systems up to 138kV
 Rule 20 Underground Conversion Projects
 Fire Hardening Programs
 Emergency Storm Restoration & Utility Rebuilds
 Utility Vault Installation & Replacement
 Duct Bank Construction
 Pole Replacement & Reconductoring Programs
 Substation Construction & Maintenance
 Helicopter-Assisted Utility Construction
 Utility Relocation Projects
 EV Charging Infrastructure Projects
 Public Works & Municipal Construction

LICENSES & QUALIFICATIONS
 California C-10 Electrical Contractor License #1133193  DIR Registered Public Works Contractor
 California-Nevada JATC Graduate
 Certified Crane Operator

HENRY NUNEZ III

CEO / COO

YEARS OF

EXPERIENCE

COLLEGE

GRADUATE

Work Experience

CEO / COO
Magna Consulting & Design, Inc |Irvine, California
• Lead overall operations and strategy for underground utility construction, design-build, and engineering services across 200+ active projects statewide, including duct banks, structures, and infrastructure upgrades
• Manage and scale cross-functional teams of 100+ employees across Planning, Engineering, Field Ops, Construction Management, and Safety, supporting SCE and municipal utility programs throughout California
• Oversee multi-utility coordination for civil construction, including joint trench work with SCE, AT&T, and Spectrum, ensuring alignment with project scope, schedule, and standards • Lead engineering and construction execution on a City of Colton EV Fast Charger design-build project, and directed design and construction management for a Rule 20B undergrounding program in the City of West Hollywood
• Ensure project delivery meets safety, schedule, and compliance requirements, including adherence to GO 95/128/165, SCE standards, and municipal permitting requirements, while supporting construction readiness and field execution
Planning Manager
Vantage Utility Services | Rancho Cucamonga, California • Directed planning operations for SCE’s programs, overseeing the execution of 100+ active projects focused on distribution inspections, system upgrades, and infrastructure documentation • Led a team of over 60 planners, coordinators, and support staff, prioritizing resource efficiency, production timelines, and alignment with SCE’s deliverables • Managed day-to-day workforce logistics, including resource scheduling, project intake, workload balancing, and productivity tracking
• Spearheaded process improvement initiatives, modernizing technical documentation standards, planning workflows, and data submission protocols
Electrical Planner 3
Asplundh Construction | Cypress, California
• Collaborated closely with Edison Tech Planners to develop and refine UG (underground) and OH (overhead) utility designs aligned with SCE standards and project scopes • Managed day-to-day scheduling, coordination, and oversight of 4 underground construction crews (20 field personnel), ensuring safety, compliance, and productivity

Education
Stanford University | Palo Alto, California
• Graduate School of Business
Gonzaga University | Spokane, Washington
• T&D Engineering
26

ANNIE M. LAMBAREN
Anaheim, CA | (657) 473-6748 | [email protected]

PROFESSIONAL SUMMARY
Civil construction operations leader with extensive experience managing underground utility installation, duct banks, wet/dry utilities, and civil infrastructure projects. Proven track record directing multi-million- dollar projects from pre-construction through completion, with strong expertise in field operations, scheduling, safety compliance, and cost control. Skilled at leading crews, coordinating with municipalities and engineers, and ensuring high-quality underground installation and maintenance work. Known for delivering projects safely, on time, and within budget while improving operational efficiency.

CORE COMPETENCIES
• Underground Utility Installation (Wet & Dry Utilities) • Duct Banks, Conduits & Structures
• Trenching, Shoring & Excavation
• Civil Infrastructure Construction
• Project Scheduling & Cost Control
• OSHA & Safety Compliance
• Crew Leadership & Field Coordination
• Equipment & Resource Management
• Subcontractor Oversight
• Maintenance & Repair Operations

PROFESSIONAL EXPERIENCE
LINCOLN CONSTRUCTION CORP – Anaheim, CA
Vice President of Operations | 2019 – Present
• Direct operations for underground utility and civil infrastructure projects exceeding $22M annually. • Manage installation of duct banks, conduits, manholes, vaults, and underground structures. • Lead project managers, superintendents, foremen, and field crews to ensure safe and efficient execution.
• Oversee trenching, excavation, backfill, and restoration activities in compliance with project specs. • Coordinate with municipalities, inspectors, and engineers for permits, inspections, and approvals. • Develop project schedules, manpower plans, and equipment utilization strategies. • Monitor budgets, control costs, and improve profitability through operational efficiencies. • Enforce OSHA standards and company safety programs across all job sites. • Manage subcontractors and vendors to maintain quality and schedule performance. • Support maintenance, repair, and rehabilitation of underground systems.

Relevant Project Experience
Page | 10

UUNDERGROUND RELIABILTY IMPROVEMENT PROJECT
ALMONT DR. & LA PEER DR. RULE 20B
CITY OF ANAHEIM | ANAHEIM, CA
CITY OF WEST HOLLYWOOD| WEST HOLLYWOOD,CA
Scope
Delivered collaborative design-build services to upgrade underground reliability infrastructure across thirty-one riser locations throughout the City of Anaheim, including engineering coordination, construction execution, and system improvements on schedule for major successful completion January 2027.

Relevance to City of Colton
Highly relevant to the City of Colton underground installation project, this experience demonstrates proven capability in delivering large-scale underground infrastructure upgrades, including complex coordination, phased construction, and reliability enhancements across multiple locations, ensuring minimized disruption, improved system performance, and successful execution within schedule and budget.

Project Value
$22,500,000
Project Completion
2027
Reference
Vinh Tran
Electrical Capital Projects Manager
(714) 765-4273
[email protected]
Scope
Provided design-build support for the City of West Hollywood along Almont Drive and La Peer Drive, coordinating underground duct bank and structure installation while working closely with SCE, AT&T, and Spectrum to resolve utility conflicts, integrate joint-use systems, and ensure compliant and efficient construction in a constrained urban environment.

Relevance to City of Colton
This project required coordination between underground duct and structure installation and maintenance, utility requirements, and project documentation. The experience demonstrates our team’s ability to support the City of Colton’s underground infrastructure projects while maintaining effective coordination between engineering, construction, and operations stakeholders.

Project Value
$3,000,000
Project Completion
2026
Reference
John Gilmour - City Engineer
213-651-5627
[email protected]
2 1

Relevant Project Experience
Page | 11

SWITCH & CABLE REPLACEMENT TYLER
CITY OF RIVERSIDE | RIVERSIDE, CA
ANAHEIM 12kV WANDA LINE EXTENSION
CITY OF ANAHEIM | ANAHEIM, CA
Scope
Installed approximately 10,000 linear feet of primary conduit to underground residential distribution (URD) structures within the City of Riverside, including asphalt and concrete restoration in accordance with Riverside Public Utilities (RPU) standards, ensuring compliance, durability, and consistent integration with existing infrastructure.

Relevance to City of Colton
Highly relevant to the City of Colton underground installation project, this experience demonstrates proven capability in installing primary conduit for URD systems, performing compliant asphalt and concrete restoration, and delivering work that meets utility standards while maintaining quality, durability, and efficient integration with existing infrastructure.

Project Value
$1,400,000
Project Completion
2025
Reference
Mike Escajeda
Principal
(909) 234-0324
[email protected]
Scope
Performed installation of conduit, underground substructures, 12kV systems, communications, and traffic signals for phase two power delivery to the OC Vibe near the Honda Center, including placement of nine traffic-rated vaults along Ball Road within 10-hour nightly scheduled shifts.

Relevance to City of Colton
Highly relevant to the City of Colton underground installation project, this experience demonstrates expertise in installing underground conduit, substructures, and 12kV systems, along with communications and traffic signal infrastructure, while maintaining efficient scheduling, coordinating with multiple stakeholders, and executing complex nighttime construction operations with minimal disruption.

Project Value
$4,000,000
Project Completion
2025
Reference
Vinh Tran
Electrical Capital Projects Manager
(714) 765-4273
[email protected]
4 3

Relevant Project Experience
Page | 12

COCA COLA CENTER
CITY OF DOWNEY | DOWNEY, CA
Scope
Installed a new slab box and provided electrical service to an existing building in Downey, including site preparation, utility connections, and integration with existing systems to ensure reliable power delivery and compliance with applicable standards.

Relevance to City of Colton
Highly relevant to the City of Colton underground installation project, this experience demonstrates capability in installing electrical service infrastructure, integrating new components with existing facilities, and performing precise, code-compliant work within developed environments to ensure reliable and efficient utility service delivery.

Project Value
$56,400
Project Completion
2026
Reference
Bernard Gartner
Project Manager
(714) 309-6019
[email protected]
5

Hourly Rate Schedule
Page | 13
Project Manager
Superintendant
Foreman (Electrical/Civil)
Operator
Underground Tech
Journeyman Electrician/QEW
Electrical Apprentice
Excavation/Trenching Operator
Pipe Layer / Conduit Installer
Skilled Laborer
Laborer
Concrete Finisher
Cement Mason
Truck Driver
Utility Locator
Traffic Control / Flagger
Safety Coordinator
Survey Crew (Construction Staking)
Principal
Principal Associate
Project Manager
Senior Project Engineer/Senior Project Surveyor
Project Engineer/Project Surveyor
Senior Administrative Assistant
Administrative Assistant
Effective June 22, 2026
Fee Proposal
Construction.................................................................. 160 Construction.................................................................. 220 Construction.................................................................. 200 Construction................................................................... 190 Construction................................................................... 185 Electrical Construction................................................... 165 Electrical Construction................................................... 105 Civil Construction............................................................ 120 Civil Construction............................................................ 135 Civil Construction............................................................. 115 Civil Construction............................................................. 95 Civil Construction............................................................. 125 Civil Construction.............................................................. 135 Construction..................................................................... 115 Construction.................................................................. 125 Construction................................................................... 90 Construction................................................................... 120 Construction................................................................... 95 Electrical/Structural/Civil Design/Survey...................... 250 Electrical/Structural/Civil Design/Survey....................... 215 Electrical/Structural/Civil Design/Survey...................... 205 Electrical/Structural/Civil Design/Survey...................... 190 Electrical/Structural/Civil Design/Survey...................... 170 Admin............................................................................... 160 Admin............................................................................... 130

Additional Requirements
Page | 14
Exceptions and Deviations
Pelican Coast Electric, Lincoln Construction, and Magna Consulting & Design have carefully reviewed RFP No. CEU-26-01 and the associated solicitation requirements.

The proposed team has no exceptions or deviations to the requirements, terms, conditions, or scope of services identified within the Request for Qualifications.

The team acknowledges and accepts the requirements outlined by the City of Colton and is prepared to provide the requested services in accordance with the City's expectations and applicable standards.

03959.00002\31953755.1

PROPOSAL FORMS
APPENDIX A:

SUMMARY SHEET

Firm Name:

Firm Parent or Ownership:

Firm Address:

Firm Telephone Number: Fax Number:________________

Firm Email Address:

Firm Website:

Number of years in existence: _____________

Management Contact (person authorized to sign an agreement for the firm, and ultimately responsible for services required for this Request for Proposal:

Name: Title:

Telephone Number: Fax: __________________________________

Email: _______

Project Manager (person responsible for day-to-day contact with the City for this Request for Proposal:

Name: Title:

Telephone Number: Fax: __________________________________

Email: _______________________________________

Pelican Coast Electric
N/A
2901 West Coast Hwy #200, Newport Beach, CA 92663
(949) 898-4404
[email protected]
pelicancoastelectric.com
6 Austin Torres
President
(949) 706-4957
[email protected]
Henry Nunez
Project Manager
(949) 620-1745
[email protected]

City of Colton
RFP for Electric – Electric Utility Underground Civil consultant services

PROPOSAL FORMS
APPENDIX B:

CERTIFICATION OF FIRM’S ACCEPTANCE OF
CITY OF COLTON’S STANDARD PROFESSIONAL SERVICES AGREEMENT AND PROPOSAL FOR MODIFICATION OF TERMS (if any)

By signing this form below, the firm certifies that the attached Agreement in Exhibit B is acceptable to the firm and will be signed upon selection of the firm to perform consulting services for the City of Colton, except for requests for modification of the agreement (if any), as specifically described below (or listing modifications by number that refer to attached sheets, if necessary).

Name and Signature of Firm’s Management Representative authorized to sign an Agreement:

Name Title

Signature Date

Firm Name:

Austin Torres
President
6/22/2026
Pelican Coast Electric

City of Colton
RFP for Electric – Electric Utility Underground Civil consultant services

PROPOSAL FORMS
APPENDIX C:

OFFEROR IDENTIFICATION

1. Legal name of Offeror: _____________________________________________________

2. Street Address: ____________________________________________________________

3. Mailing Address:____________________________________________________________

4. Business Telephone: ________________________________________________________

5. Facsimile Telephone:________________________________________________________

6. Type of Business:

• Sole Proprietor • Partnership • Corporation

Other:_______________________________________________________________

If corporation, indicate State where incorporated: _________________________________

7. Business License number issued by the City where the Offers’ principal place of business is located:

Number: _________________ Issuing City: _____________________________________

8. The City of Colton requires all businesses doing business in the City of Colton have a City of Colton Business License. The awarded firm will be required to secure a business license at the time of contract signing.

City of Colton Business number:

Number: _________________

9. Federal Tax Identification Number: _______________________________________________

10. Offeror's Contact Person: ______________________________________________________ Pelican Coast Electric
2901 W. Coast Hwy Suite 200, Newport Beach, CA 92663
2901 W. Coast Hwy Suite 200, Newport Beach, CA 92663
(949) 898-4404
S-Corp
California
Newport Beach
99-0780000
Austin Torres

City of Colton
RFP for Electric – Electric Utility Underground Civil consultant services

PROPOSAL FORMS

APPENDIX D

WORKERS' COMPENSATION CERTIFICATE

The Offeror shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

I am 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 on behalf of my firm, I will comply with such provisions before commencing the performance of the services of any contract entered into.

______________________________________ _________________________________________ Signature Company Name

______________________________________ _________________________________________ Print Name Business License Number

______________________________________ _________________________________________ Position or Title Date

Pelican Coast Electric
Austin Torres
1133193
President
6/22/2026

City of Colton
RFP for Electric – Electric Utility Underground Civil consultant services

PROPOSAL FORMS

APPENDIX E

NON-COLLUSION AFFIDAVIT

State of California )
) ss.

County of )

, being first duly sworn, deposes and says

that he or she is , of ("Offeror") the party making the foregoing proposal that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the Offeror has not directly or indirectly solicited any other Offeror to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Offeror or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the Offeror has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal fee or the Offeror or any other Offeror, or to fix any overhead, profit, or cost element of the proposal fee, or of that of any other Offeror, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the proposal are true; and, further, that the Offeror has not, directly or indirectly, submitted his or her proposal fee or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

_____________________________________ _________________________________________ Signature Company Name
______________________________________ _________________________________________ Printed Name Business License Number
______________________________________ _________________________________________ Title Date
Pelican Coast Electric
Austin Torres
1133193
President
6/22/2026

City of Colton
RFP for Electric – Electric Utility Underground Civil consultant services

PROPOSAL FORMS

APPENDIX F

EXCEPTION FORM

Should your firm take exception to ANY of the terms and conditions or other contents provided in the "Request for Proposal," or the “City of Colton Sample Professional Services Agreement” list the exceptions below. THIS COMPLETED FORM MUST BE RETURNED WITH YOUR PROPOSAL. If no exception(s) are taken, enter "NONE" for the first item. (Make additional copies of this form as necessary)

Page Number: Section Title: _____________________________________________________ Paragraph Number: Exception Taken: __________________________ ___________________ __________________________________________________________________________________ __________________________________________________________________________________

Page Number: Section Title: _____________________________________________________ Paragraph Number: Exception Taken: ______________________________________________ __________________________________________________________________________________ __________________________________________________________________________________

Page Number: Section Title: _____________________________________________________ Paragraph Number: Exception Taken: ______________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ None

23152.04000\42402756.1
Exhi
bit D-1

EXHIBIT “D”

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

By
: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
Pelican Coast Electric
President
Pelican Coast Electric

23152.04000\42402756.1

Exhibit E-1

EXHIBIT “E”

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

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

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

DIR Registration Number:

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

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

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

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

Name of Contractor:____________________
Signature:

Name and Title:

Dated:

1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” Pelican Coast Electric
x
Pelican Coast Electric
Austin Torres, President
6/22/2026
2000012054
6/30/2026

23152.04000\42402756.1

CITY OF COLTON

SHORT FORM CONSTRUCTION CONTRACT

UTILITY CIVIL WORK AND PERMITTING SERVICES

1. PARTIES AND DATE.

This Contract 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, County of San Bernardino, State of California (“City”) and Pelican Coast Electric, a corporation, with its principal place of business at 2901 W. Coast Highway Suite 200, Newport Beach, CA 92663 (“Contractor”).

City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

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

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing Utility Civil Work and Permitting Services related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City . The following license classifications are required for this Project: Public Works Contractor Registration Certification.

2.3 Project. City desires to engage Contractor to render such services for the Utility Civil Work and Permitting Services (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications . Contractor has obtained, and delivers concurrently herewith, insurance documents and a public works contractor registration certification as required by the Contract.

3. TERMS

3.1 Incorporation of Documents . This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Qualifications Statement (Exhibit “B”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “C”) • Non-Collusion Affidavit (Exhibit “D”)
• Exception Form (Exhibit “E”)
• Certification Labor Code – Section 1861 (Exhibit “F”) • Public Works Contractor Registration Certification (Exhibit “G”)

3.1.1 Precedence. To the extent there is a conflict between any portions of this Contract, the order of precedence shall be as follows: change orders, special conditions, technical specifications, plans/construction drawings, general contract terms, scope of work,

23152.04000\42402756.1

2 standard plans, advertisements for bid/proposals, bids/proposals or other documents submitted by Contractor.

3.2 Contractor’s Basic Obligation; Scope of Work . Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

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

3.2.1.1 Change Orders. Changes to the Contract Time (as defined in Section 3.3) or Total Contract Price shall be in the form of a written Change Order, either signed by both parties or issued unilaterally by the City . No adjustment shall be made to the Contract Time unless the delay impacts the critical path to completion and the delay was not caused in whole or in part by the Contractor. Failure to timely request a Change Order shall constitute a waiver of any right to adjust the Contract Time or the Total Contract Price. All requests for Change Orders shall be accompanied by detailed supporting documentation, including but not limited to payroll records, invoices, schedules, and any other documentation requested by t he City for the purpose of determining the additional costs or the impact of any delay. If the change involves Work bid at a unit price, then the Total Contract Price shall be increased at the unit price. If there is no unit price, then the Total Contract Price s hall be adjusted to account for costs actually incurred plus an allowed mark-up of fifteen percent (15%), which shall constitute the entire amount of profit, mark-ups, field or home office overhead costs, including personnel, equipment or office space, any materials, or any costs of equipment idle time for such work. Nothing herein shall prevent the Parties from agreeing to a lump sum cost.
(A) Changes Ordered By City . City may at any time issue a written directive ordering additions, deletions, or changes to the Work. Contractor shall proceed with the work in accordance with the directive. To the extent the directive results in extra work or requires additional Contract Time, Contractor shall request a Change Order within seven (7) days of receiving the Work Directive. If any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined. (B) Changes Requested By Contractor. With respect to any matter that may involve or require an adjustment to the Contract Time or the Contract Price, Contractor shall provide written notice of the underlying facts and circumstances that gave rise to the potential change within seven (7) days or prior to the alteration of conditions, whichever is earlier. Failure to give notice shall constitute a waiver of Contractor’s right to a change order. If

23152.04000\42402756.1

3 any costs are not capable of being determined within seven (7) days, then Contractor shall request a Change Order within seven (7) days of when the costs are capable of being determined.

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

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit.

Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

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

3.3 Period of Performance and Liquidated Damages . Contractor shall perform and complete all Work under this Contract within the mutually agreed upon timeframe for each project on an as-needed basis (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City.

Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milest ones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant

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4 to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of $1,000 per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

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

3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City . Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligat ions respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

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

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the as- needed Work required herein, City agrees to pay Contrac tor up to an annual not-to-exceed Contract Price of Three Hundred Thousand Dollars ($ 300,000.00) (“Total Contract Price” ) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized

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5 application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment . City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

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

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

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

The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

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6 3.7.7 Payment to Subcontractors. Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 7108.5 of the California Business and Professions Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.

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

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

3.8 Labor

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

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

3.8.3 Hours of Work . Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor

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7 shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one- half (1-1/2) times the basic rate for that worker.

3.8.4 Payroll Records . Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner pr ovided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with t his section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a peri od of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

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

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

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

Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents

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8 free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.9 Performance of Work; Jobsite Obligations.

3.9.1 Water Quality Management and Compliance.

3.9.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, withou t limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000- 14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State.

3.9.1.2 Compliance with the Statewide Construction General Permit .

Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor ’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

Without in any way diminishing Contractor's sole responsibility for obtaining coverage under, and complying with, the Permit, the City will use reasonable efforts to assist Contractor in filing the Notice of Intent when the City's participation is required by the Permit.

3.9.1.3 Other Water Quality Rules , Regulations, and Policies .

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

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

3.9.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its directors,

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9 officials, officers, employees, volunteers and agents for any alleged violations of this Section

3.9.1.5, including the Permit or any of the laws, rules, regulations and policies provided for herein..

In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor ’s failure to comply with the Permit.

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

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

Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

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

3.9.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with the Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City , Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions

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10 of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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

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

3.9.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract , but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

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

3.9.8 Air Quality.

3.9.8.1 Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD

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11 and CARB to include any item of equipment with a fuel -powered engine. Contractor shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Contract.

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

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

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

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

3.9.11 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents before commencing activities.

Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any work or altering the condition.

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

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.11 Claims; Government Code Claim Compliance.

3.11.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims

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12 of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.

The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

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

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

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

3.11.2.3 Supporting Documentation: The Contractor shall submit all claims in the following format:
(1) Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
(2) List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

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13 (3) Chronology of events and correspondence
(4) Analysis of claim merit
(5) Analysis of claim cost
(6) Time impact analysis in CPM format

3.11.2.4 City’s Response . Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement. (1) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45 -day period, or extens ion, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
(2) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.
(3) The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

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

3.11.2.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement.