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, September 15, 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. 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)
Ecology v. City of Colton
San Bernardino County Superior Court, Case No. CIVSB2304149 2) Conference with Legal Counsel - Existing Litigation
Pursuant to Government Code Section 54956.9 (d)(1)
Colton v. Inland Memorial, Inc. / Hermosa Gardens
San Bernardino County Superior Court, Case No. CIVSB2300169 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 Don Duenez – Echoes of Love Ministries
Flag Salute
Veterans of Foreign Wars (VFW) Member – Bernie Moyeda
Roll Call
Ceremonial Matters
Presentations, Awards, Proclamations
• Business Focus - Ruvalcaba Upholstery
• Introduction of Police K-9, Theo and K-9 Badge Presentations, Brita and Theo
• Retirement Proclamation — Customer Service Supervisor Lily Espinoza (38 Years) 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
To speak on public hearing 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) Annexation - Time and Place Fixed to Consider a Public Hearing for the Adoption of Resolutions of Intention to Annex into Community Facilities District No. 2021-1 and Intention to Annex Into Community Facilities District No. 2021-2 (Maintenance Services), Resolution Nos. R-89-26 and R-90-26.
Staff Person: Heidi Duron
Business Items
There are no Business items.
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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 September 1, 2026, on File in the Office of the City Clerk.
City Clerk: Isaac T. Suchil
2) Warrants - Approve US Bank voucher dated 07/08/2026 and totaling $83,811.90; voucher numbers 228284 to 228374 dated 08/13/2026 and totaling $1,718,478.52; replacement checks 228377 & 228380 totaling $31,175.76; voucher numbers 228375 to 228536 dated 08/20/2026 and totaling $2,032,259.10; a payroll disbursement listing dated 07/04//2026 to 07/17/2026 and totaling $1,524,657.16 and a payroll disbursement listing dated 07/18/2026 to 07/31/2026 and totaling $1,507,415.66.
Staff Person: Stacey Dabbs
3) Contract Amendment - Approve Second Contract Amendment with CASC Engineering & Consulting for an Additional $163,200 and Extend One-Year to September 30, 2027, to Continue Planning and Analytics Support in Accordance with Municipal Code Section
3.08.140(E).
Staff Person: Heidi Duron
4) Contract Award - Professional Services Agreement with Tetra Tech, Inc. for PFAS Treatment Systems Design for Wells 22, 23, and 30/31, in the Amount of $782,445.00 and Approve and Adopt a Resolution to Amend the Fiscal Year 2026/27 Water Utility Budget, Resolution No. R-83-26.
Staff Person: Chad Blais
5) Conflict of Interest Code Update - Amendment of the Conflict-of-Interest Code of the City of Colton Pursuant to the Political Reform Act of 1974, Resolution No. R-85-26.
Staff Person: Stephanie M. Vargas
6) Grant - Approve and Adopt a Resolution Accepting Office of Traffic Safety (OTS) Grant for FY 26/27, Resolution No. R-82-26.
Staff Person: Anthony Vega
7) Lease Agreement - Approve a Master Equity Lease Agreement with Enterprise Fleet Management, Inc., for Ford Explorer Police Interceptors, Unmarked/Administrative Vehicle, and Two Chevrolet Silverado Pursuit-Rated Vehicles in the Amount of $950,986.60.
Staff Person: Anthony Vega
8) Legislative Policy 2027 - Approve Legislative Policy for the 2027 Legislative Year.
Staff Person: Charles Berry
9) Report - Approve and Adopt a Resolution Approving the 2025 Annual Power Source Disclosure Report and Attestation of the Veracity of the Annual Report, Resolution No. R- 91-26.
Staff Person: Tom Miller
10) Second Reading of Ordinance NO. O-11-26 - Approve Second Reading of an Ordinance of the City Council of the City of Colton, California, Amending certain Chapters and Section of Title 18 (Zoning Code) of the Colton Municipal Code by adding and/or modifying certain Sections in Chapters 18.04, 18.06, 18.24, 18.26, 18.28, 18.30, 18.36. 18.38, 18.46, and
18.48.134 related to, but not limited to, Definitions, Permitted Uses; Development Standards In I-P (Industrial Park), M-1 (Light Industrial), M-2 (Heavy Industrial) Zones, Nonconforming Structures and Uses, Parking, Nonresidential Fence Heights and Special Provisions for Warehouse Logistics and Distribution, and Truck and Trailer Parking Uses; and Title 18 (Zoning Code) of the Colton Municipal Code by modifying Chapters 18.14,
18.16 and Section 18.58.030 related to but not limited to Medium Density Residential Zone, Multiple-Family Residential Zone and Administrative Application Review Procedures, File Index No. DAP26-0019, Ordinance No. O-11-26.
Staff Person: Heidi Duron
______________________________________________________________________________________
______________________________________________________________________________________ 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
1) Rave Alert Presentation
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.
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: September 15, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Heidi Duron, Director
Item Name: Annexation - Time and Place Fixed to Consider a Public Hearing for the Adoption of Resolutions of Intention to Annex into Community Facilities District No. 2021-1 and Intention to Annex Into Community Facilities District No. 2021-2 (Maintenance Services), Resolution Nos. R-89-26 and R-90-26.
Recommended Action:
1. Adopt Resolution of Intention R-89-26 of the City Council of the City of Colton, California, with respect to annexation of: Annexation No. 4, into the City of Colton Community Facilities District No. 2021-1 (Public Safety); and
2. Adopt Resolution of Intention R-90-26 of the City Council of the City of Colton, California, with respect to annexation of: Annexation No. 4, into the City of Colton Community Facilities District No. 2021-2 (Maintenance Services).
Background:
Community Facilities Districts (“CFDs”) are an option for local governments to consider, which impose a special tax to provide a portion of the funding necessary to deliver these services to newly developed areas. If warranted, CFDs are then created pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”). The special tax is then collected with the annual property taxes.
On July 20, 2021, the City Council formed Community Facilities District 2021-1 (Public Safety) (“CFD 2021-1”) and Community Facilities District 2021-2 (Maintenance Services) (“CFD 2021- 2” and together with CFD 2021-1, the “Districts”).
CFD 2021-1 was formed by the City Council for the purpose of financing certain types of services, including but not limited to the following:
• Police protection services; and
• Fire protection services.
CFD 2021-2 was formed by the City Council for the purpose of financing certain types of services, including but not limited to the following:
• Maintenance and lighting of parks, parkways, streets, roads, and open space; • Flood and storm protection services;
• Graffiti abatement;
• Operation and maintenance of storm drainage systems;
• Maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City; and, • Any other services authorized under the Act.
Issues/Analysis:
The City has received a petition from LGI Homes - California, LLC, a California limited liability company (the “Owner”), the legal owner of the property proposed to be annexed into each of CFD 2021-1 and CFD 2021-2, regarding annexation into each of the Districts (each an “Annexation”).
The Annexation for each of the Districts will consist of property located within San Bernardino County, known as Assessor’s Parcel Numbers: 0163-182-03-0-000, 0163-182-04-0-000, 0163- 182-05-0-000, 0163-182-06-0-000, 0163-182-07-0-000, 0163-182-09-0-000, 0163-182-10-0- 000, 0163-182-14-0-000, 0163-182-16-0-000, and 0163-182-17-0-000.
The boundaries of each Annexation for each of the Districts is shown in the boundary maps included with this staff report.
In order to initiate annexation into the Districts, the City required that the Owner to submit an application, deposit and the petition to annex into the applicable District in accordance with the Act.
Subsequently, the City Council will need to consider approval of each of the resolutions of intention to annex territory to the Districts and adopt a boundary map (each a “Resolution of Intention”), which is being presented at this meeting. Each Resolution of Intention: 1) describes the boundaries of the proposed Annexation and adopts the boundary map; 2) describes the types of services that will be financed with the special taxes; 3) describes the rate and method of apportionment of the special taxes to be levied on the Annexation property; 4) calls for a public hearing to be held on October 6, 2026 at 5:00 p.m. in the City Council chambers; and 5) calls for the preparation of a report containing a complete description of public services, and estimated costs and particulars on the rate and method of apportionment of special taxes.
If each Resolution of Intention is adopted, the City must publish a public hearing notice in a local paper and mail such public hearing notice to the property owner(s) pertaining to each of CFD 2021-1 and CFD 2021-2. At its October 6, 2026, meeting, the City Council will conduct the
public hearing. After the public hearing has been held, the City Council may adopt the resolutions authorizing the Annexation into CFD 2021-1 and CFD 2021-2 and calling an election in each of the Districts regarding the levy of special taxes within each of the Districts for each Annexation.
The annexation of the territory to each of the Districts and the levy of the proposed special taxes within such areas shall be subject to approval of the qualified electors of each Annexation at a special election for each of the Districts, which can be held on the same day as the respective public hearing if all the land owners consent to such date in writing. Ballots will be provided to the respective qualified electors in each of the Districts in accordance with the Act. The ballots are then counted, and if each Annexation is approved by the respective qualified electors, the City adopts the resolution declaring the election results for each election.
Following adoption of such resolutions, the City Council will consider adoption of an ordinance for each of the Districts authorizing the levy of special taxes within each Annexation area.
Exempt from CEQA
These actions are not subject to the requirements of the California Environmental Quality Act (“CEQA”). The approval of the resolutions it is not a “project” within the meaning of 14 CCR Section 15378 (“State CEQA Guidelines”) because it has no potential for resulting in direct or indirect physical change in the environment. The special taxes are exempt from CEQA pursuant to California Public Resources Code section 21080(b)(8) and State CEQA Guidelines section 15273(a) because such special taxes are necessary and reasonable to fund the administration, operation, and maintenance of the public services to be provided.
Fiscal Impacts:
The special tax revenues proposed to be levied by each of CFD 2021-1 and CFD 2021-2 will offset the cost of providing the respective increased City services, which are a result of the new development.
Alternatives:
Provide alternative direction to City staff.
Attachments:
1. Colton Annex No. 4 (CFD 2021-1) (LGI Homes) - Resolution of Intention (R-89-26)
2. Exhibit B RMA Colton CFD 2021-1 Annexation No. 4
3. City of Colton CFD No. 2021-1 Annexation No. 4 Boundary Map
4. Colton Annex No. 4 (CFD 2021-2) (LGI Homes) - Resolution of Intention (R-90-26)
5. Exhibit B RMA Colton CFD 2021-2 Annexation No. 4
6. City of Colton CFD No. 2021-2 Annexation No. 4 Boundary Map
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RESOLUTION NO. R-89-26
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COLTON, CALIFORNIA, DECLARING INTENTION TO
ANNEX TERRITORY TO THE CITY OF COLTON
COMMUNITY FACILITIES DISTRICT NO. 2021-1 (PUBLIC
SAFETY) AND ADOPTING A MAP OF THE AREA
PROPOSED TO BE ANNEXED THERETO (ANNEXATION
NO. 4)
WHEREAS, the City Council (the “City Council”) of the City of Colton (the “City”) has established the City of Colton Community Facilities District No. 2021-1 (Public Safety), County of San Bernardino, State of California (the “District”) for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and
WHEREAS, the City Council has received a written petition from LGI Homes – California, LLC, a California limited liability company (the “Owner”), the owner of certain real property within the City requesting that such property be annexed to the District in order that they may be developed and receive the benefit of services which will be financed by the annual levy of special taxes on said property for the purpose of financing (a) police protection services and (b) fire protection services (the “Services”); and agreeing to the annual levy of special taxes on said property sufficient to pay the costs of such Services and costs incidental thereto; and WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982,” (the “Act”) to annex territory to the District by complying with the procedures set forth in said Article 3.5.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows:
SECTION 1. Recitals. The above recitals are true and correct and are hereby incorporated into this resolution.
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SECTION 2. Name of District. The name of the existing Community Facilities District is “City of Colton Community Facilities District No. 2021-1 (Public Safety), County of San Bernardino, State of California.”
SECTION 3. Intention. The City Council declares its intention to conduct proceedings pursuant to said Article 3.5 for the annexation to the District of the territory described in Exhibit “A” attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed to the District.
SECTION 4. Description of Territory Proposed To Be Annexed; Annexation Map. The territory which is included in the District is described on the map of the District recorded on June 30, 2021, in Book 89 of Assessment and Maps, at Page 77, and as File No. 2021-0296813 in the official records of the County of San Bernardino, the map entitled “Annexation Map No. 1 of Community Facilities District No. 2021-1 (Public Safety), City of Colton, County of San Bernardino, State of California” which was recorded on September 28, 2022, in Book 90 of Boundary Map, Page 62, as File No. 2022-0326755 in the office of the County Recorder of the County of San Bernardino, and the map entitled “Annexation Map No. 2 of Community Facilities District No. 2021-1 (Public Safety), City of Colton, County of San Bernardino, State of California,” which was recorded on August 30, 2024, in Book 91 of Assessment Maps, Page 83, as File No. 2024-0204841 in the office of the County Recorder of the County of San Bernardino, which maps are the boundary maps of the District, including annexed territory and such maps are incorporated herein by these references. Annexation No. 3 has not yet been completed as of the date of this Resolution. The territory proposed to be annexed to the District is described in Exhibit “A” attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled “Annexation Map No. 4, of Community Facilities District No. 2021-1 (Public Safety), City of Colton, County of San Bernardino, State of California,” which is on file with the City Clerk (the “Annexation Map”).
SECTION 5. Types of Services; Incidental Expenses. A general description of the services which are to be funded with the revenues from special taxes which are to be levied on parcels of taxable property within the District is as follows:
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(a) Police protection services; and
(b) Fire protection services.
The District shall also finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out the authorized purposes of the District.
SECTION 6. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the Services provided for in Section 5 above and the annual administrative expenses of the City and the District in determining, apportioning, levying and collecting such special taxes, shall be annually levied within the District. Pursuant to Section 53340 of the California Government Code, the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.
However, under no circumstances shall the special tax levied against any parcel used for private residential purposes subject to the levy of the special tax pursuant to the rates and method of apportionment be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the District by more than ten percent (10%) above the amount that would have been levied in that year had there been no delinquency or default. The rate and method of apportionment of said special taxes shall be as set forth in Exhibit “B” attached hereto and by this reference made a part hereof.
SECTION 7. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to be annexed to the District. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation Map in her office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days prior to the date of the hearing specified in Section 10 hereof.
SECTION 8. Exempt Properties. Pursuant to Section 53340 of the California Government Code, properties of entities of the state, federal, and local governments shall be exempt from the levy of special taxes of the District.
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SECTION 9. Necessity. The City Council finds that the Services described in Section 5 hereof are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of the proposed annexation of territory to the District.
SECTION 10. Hearing on Annexation of Territory. A public hearing on the annexation of territory into the District shall be held at 5:00 p.m. on October 20, 2026, in the Council Chambers of the City Council, 650 N. La Cadena Drive, Colton, California 92324.
SECTION 11. Notice. The City Clerk shall publish a notice of the time and place of said hearing as required by Section 53322 of the California Government Code, and shall also give notice of the time and place of said hearing by first-class mail to each registered voter and to each landowner within the proposed District as prescribed by Section 53322.4 of said Code. Said notice shall be published at least seven (7) days and mailed at least fifteen (15) days before the date of the hearing, and shall contain the information required by said Section 53322.
SECTION 12. Report. The officers of the City who are responsible for providing the Services to be financed by the District, including the territory proposed to be financed, if it is approved, are hereby directed, pursuant to the requirements of Section 53321.5 of the California Government Code to study the proposed annexation and, at or before the time of said hearing, file or cause to be filed a report with the City Council containing a brief description of the Services by type and an estimate of the cost of providing those Services and the incidental expenses to be incurred in connection therewith. All such reports shall be made a part of the record of the hearing to be held pursuant to Section 10 hereof.
SECTION 13. Description of Voting Procedures. The voting procedures to be followed in conducting the election on the proposition with respect to the levy of special taxes within the territory proposed to be annexed to the District to shall be as follows:
(a) If at the time of the close of the public or protest hearing (hereinafter referred to as the "protest hearing") at least 12 persons are registered to vote within the territory proposed to be annexed to the District, the election shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the California Government Code ("Section 53326") and pursuant to the
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applicable provisions of law regulating elections of the City, insofar as they may be applicable, and pursuant to Section 53326 the ballots for the election shall be distributed to the qualified electors of the territory proposed to be annexed to the District by mail with return postage prepaid and the election shall be conducted as a mail ballot election. (b) If at the time of the close of the protest hearing, and for at least the preceding 90 days, less than 12 persons have been registered to vote within the territory proposed to be annexed to the District, and pursuant to Section 53326, the vote is therefore to be by the landowners of that territory, with each landowner of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns, the election shall be conducted by the City Clerk as follows:
(1) The election shall be held on the earliest date following the conclusion of the protest hearing upon which it can be held pursuant to Section 53326 which may be selected by the City Council, or such earlier date as the owners of land within the territory proposed to be annexed to the District and the City Clerk agree and concur is acceptable.
(2) Pursuant to Section 53326, the election may be held earlier than 90 days following the close of the protest hearing if the qualified electors of the territory proposed to be annexed to the District waive the time limits for conducting the election set forth in Section 53326 by unanimous written consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors.
(3) Pursuant to Section 53326, ballots for the election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid or by personal service.
(4) Pursuant to applicable provisions of law regulating elections of the City which govern the conduct of mail ballot elections, and Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an
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official ballot in a form specified by the City Council in the resolution calling the election, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a statement pursuant to Section 9401 of the said Code, an impartial analysis by the City Attorney pursuant to Section 9280 of the said Code with respect to the ballot proposition contained in the official ballot, ballot arguments and rebuttals, if any, pursuant to Sections 9281 to 9287, inclusive, of said Code, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this resolution; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners of the territory proposed to be annexed to the District and shall be so stated in the resolution adopted by the City Council calling the election.
(5) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner- voter and the number of votes to be voted by the landowner-voter, and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the proposition set forth in the official ballot as marked thereon in the voting square opposite such proposition, and further certifying as to the acreage of the landowner-voter's land ownership within the territory proposed to be annexed to the District. (6) The return identification envelope delivered by the City Clerk to each
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landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(7) The information-to-voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 5:00 o'clock p.m. on the date of the election.
(8) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the election, and shall file a statement with the City Council at its next regular meeting regarding the results of such canvass and the election.
The procedures set forth in this section for conducting the election may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council.
BE IT FURTHER RESOLVED AND ORDERED
The Deputy City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Colton, this 15th day of September, 2026 by the following vote:
AYES:
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NAYS:
ABSENT:
ABSTAIN:
City of Colton
FRANK J. NAVARRO
Mayor
ATTEST:
ISAAC T. SUCHIL
City Clerk
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EXHIBIT “A”
LEGAL DESCRIPTION OF PROPERTY
The Property is identified as San Bernardino County, Assessor’s Parcel Numbers:
APN LIST
0163-182-03-0-000;
0163-182-04-0-000;
0163-182-05-0-000;
0163-182-06-0-000;
0163-182-07-0-000;
0163-182-09-0-000;
0163-182-10-0-000;
0163-182-14-0-000;
0163-182-16-0-000; and
0163-182-17-0-000.
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EXHIBIT “B”
RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX
23152.06026\45395712.1
1 RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX
For the City of Colton Community Facilities District No. 2021-1 (Public Safety), Annexation No. 4, County of San Bernardino, State of California
The Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels within Annexation No. 4 of the City of Colton Community Facilities District No. 2021-1 (Public Safety), (“CFD 2021-1 A4”), other than Assessor’s Parcels classified as Exempt Property as defined herein, and collected each Fiscal Year commencing in Fiscal Year 2027-28, in an amount determined by the CFD Administrator through the application of the procedures described below. All of the real property within CFD 2021-1 A4, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre” or “Acreage” means the land area in acres of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area in acres shown on the applicable final map, parcel map, condominium plan, or other map or plan recorded with the County. The square footage of an Assessor’s Parcel is equal to the Acreage of such parcel multiplied by 43,560. “Act” means the Mello-Roos Community Facilities Act of 1982 as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means the following actual or reasonably estimated expenses related to the administration of CFD 2021-1 A4: the costs of determining the amount of the levy of the Special Tax, the collection of Special Taxes, including the expenses of collecting delinquencies and pursuing foreclosures, the payment of a proportional share of salaries and benefits of any City employee and City overhead whose duties are directly related to the administration of CFD 2021-1 A4, fees and expenses for counsel, audits, costs associated with responding to public inquiries regarding CFD 2021-1 A4, and any and all other costs incurred in connection with the administration of CFD 2021-1 A4. “Annual Escalation Factor” means the annual percentage increase of the All Urban Consumers Consumer Price Index (“CPI”) or two percent (2%), whichever is greater. The annual CPI used shall be for the area of Riverside-San Bernardino-Ontario, CA as determined by the Bureau of Labor Statistics for the twelve (12) months ending the preceding December 31, or such other replacement index as may be determined by the City.
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by assessor’s parcel number.
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2 “Building Permit” means a permit issued for new construction of a residential dwelling or non-residential structure. For purposes of this definition, “Building Permit” shall not include permits for construction or installation of retaining walls, grading, utility improvements, or other such improvements not intended for human habitation.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Tax for CFD 2021-1 A4. “CFD 2021-1” means City of Colton Community Facilities District No. 2021-1 (Public Safety) established by the City Council under the Act.
“CFD 2021-1 A4” means the area designated as Annexation No. 4 to CFD 2021-1. “City” means the City of Colton.
“City Council” means the Council of the City of Colton, acting as the legislative body of CFD 2021-1 A4. “County” means the County of San Bernardino.
“Developed Property” means an Assessor’s Parcel of Taxable Property for which a Building Permit was issued on or before May 1 preceding the Fiscal Year for which the Special Tax is being levied. “Exempt Property” means all Assessor’s Parcels within CFD 2021-1 A4 that are exempt from the Special Tax pursuant to the Act or Section F herein.
“Fiscal Year” means the period commencing on July 1 of any year and ending the following June 30. “Industrial Property” means all Assessor’s Parcels of Developed Property for which a building permit(s) permitting the construction of one or more non-residential facilities has been issued by the City which are, or are expected by the City to be, primarily used for manufacturing, production, research and development, storage and/or processing of goods, or for any other uses that are consistent with industrial land use designations as determined by the City.
“Land Use Type” means any of the land use types listed in Table 1 below. “Maximum Special Tax” means the maximum Special Tax determined in accordance with Section C, which may be levied in any Fiscal Year on an Assessor’s Parcel of Taxable Property. “Multi-Family Residential Property” means all Assessor’s Parcels of Residential Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management.
“Non-Residential Property” means any Assessor’s Parcel classified as Developed Property, which is not classified as Residential Property, Public Property or Property Owner Association Property. “Office Property” means all Assessor’s Parcels of Developed Property for which a building permit(s) permitting the construction of one or more non-residential facilities has been issued by the City which are, or are expected by the City to be, primarily used for professional/medical offices, or for any other uses that are consistent with office land use designations, as determined by the City.
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3 “Other Non-Residential Property” means all Non-Residential Property, excluding Industrial Property and Office Property.
“Property Owner Association Property” means for each Fiscal Year any property within the boundaries of CFD 2021-1 A4 that was owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub-association, as of June 1.
“Proportionately” means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels within each Land Use Type. “Public Property” means any property that is owned by, dedicated or irrevocably dedicated to a city, the federal government, the State of California, the County, or any other public agency (each, a “Public Entity”); provided, however, that if any such property is leased by such a Public Entity to a private entity and is thereby subject to taxation pursuant to Section 53340.1 of the Act, such leasehold estate shall be classified and taxed according to the use thereof.
“Public Safety Services” means those authorized services that may be funded by CFD 2021-1 A4 pursuant to the Act, as amended including but not limited to police protection services and fire suppression services.
“Residential Property” means all Assessor’s Parcels of Developed Property within CFD 2021-1 A4 for which a Building Permit has been issued for purposes of constructing one or more Residential Unit(s). “Residential Unit” means any residence in which a person or persons may live, which is not considered to be used for non-residential purposes.
“Single Family Residential Property” means all Assessor’s Parcels of Residential Property not classified as Multi-Family Residential Property.
“Special Tax” means the special tax authorized to be levied within CFD 2021-1 A4 pursuant to the Act, to fund the Special Tax Requirement.
“Special Tax Requirement” means the amount, as determined by the CFD Administrator, for any Fiscal Year to: (i) pay the costs of providing the Public Safety Services during such Fiscal Year, (ii) pay Administrative Expenses associated with the Special Tax, (iii) establish or replenish any operational reserve fund established for Public Safety Services, (iv) pay incidental expenses related to the Public Safety Services as authorized pursuant to the Act, (v) fund an amount equal to a reasonable estimate of delinquencies expected to occur in the Fiscal Year in which the Special Tax will be levied (“Estimated Special Tax Delinquency Amount”) and (vi) fund the shortfall, if any, in the Special Tax revenues collected in the preceding Fiscal Year necessary to fund the Special Tax Requirement for such Fiscal Year where such shortfall resulted from delinquencies in the payment of the Special Tax in such Fiscal Year that exceeded the Estimated Special Tax Delinquency Amount included in the Special Tax Requirement for such Fiscal Year.
“Taxable Property” means all Assessor’s Parcels within CFD 2021-1 A4 that are not exempt from the Special Tax pursuant to the Act or Section F.
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4 “Undeveloped Property” means an Assessor’s Parcel of Taxable Property which is not classified as Developed Property.
B. CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2027-28, using the definitions above, each Assessor’s Parcel within CFD 2021-1 A4 shall be classified by the CFD Administrator as Taxable Property or Exempt Property.
In addition, each such Fiscal Year, each Assessor’s Parcel of Taxable Property shall be further classified by the CFD Administrator as Developed Property or Undeveloped Property. Commencing with Fiscal Year 2027-28 and for each subsequent Fiscal Year, all Taxable Property shall be assigned a Land Use Type and subject to the levy of the Special Tax pursuant to Section C below.
C. SPECIAL TAX RATES
1. Developed Property
Each Fiscal Year commencing in Fiscal Year 2027-28, each Assessor’s Parcel of Developed Property shall be subject to the Special Tax.
The Maximum Special Tax for Developed Property for Fiscal Year 2026-27 is shown below in Table 1.
TABLE 1
Land Use Type Maximum
Special Tax
Single Family Residential Property $388.90 per Residential Unit Multi-Family Residential Property $272.87 per Residential Unit Office Property $3,922.22 per Acre
Industrial Property $9,581.12 per Acre
Other Non-Residential Property $0.00 per Acre
For each subsequent Fiscal Year following Fiscal Year 2026-27, the Maximum Special Tax rates shall be increased from the Maximum Special Tax rate in effect for the prior Fiscal Year by the Annual Escalation Factor.
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5 2. Undeveloped Property
Each Fiscal Year commencing in Fiscal Year 2027-28, each Assessor’s Parcel classified as Undeveloped Property shall be exempt from the levy of the Special Tax.
3. Exempt Property
No Special Tax shall be levied on Exempt Property as defined in Section F.
For each Fiscal Year, if the use or ownership of an Assessor’s Parcel or Exempt Property changes so that such Assessor’s Parcel is no longer classified as one of the uses set forth in Section F, therefore making such Assessor’s Parcel no longer eligible to be classified as Exempt Property, such Assessor’s Parcel shall be deemed to be Taxable Property and shall be taxed pursuant to the provisions of Section C.
D. METHOD OF APPORTIONMENT OF SPECIAL TAX
Commencing in Fiscal Year 2027-28 and for each subsequent Fiscal Year, the CFD Administrator shall levy the Special Tax on all Taxable Property of CFD 2021-1 A4 until the total amount of Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property within CFD 2021-1 A4 up to 100% of the Maximum Special Tax to satisfy the Special Tax Requirement.
Notwithstanding any provision of this Section D to the contrary, under no circumstances will the Special Tax levied against any Assessor’s Parcel of Developed Property that is classified as Residential Property be increased by more than ten percent (10%) per Fiscal Year as a consequence of delinquency or default in the payment of the Special Tax by the owner of any other Assessor’s Parcel.
E. PREPAYMENT OF SPECIAL TAX
The Special Tax shall be levied in perpetuity for the purpose of financing ongoing authorized services and therefore may not be prepaid.
F. EXEMPTIONS
The City Council shall classify as Exempt Property: (i) Public Property, (ii) Property Owner Association Property, (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, including but not limited to property designated for open space, trails, pathways, parks or park and recreation related facilities, (iv) property reasonably designated by the City or CFD Administrator as Exempt Property due to deed restrictions, conservation easement, or similar factors.
G. APPEALS
Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the CFD Administrator not later than twelve months after having paid the first installment of the Special Tax. The CFD Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the decision of the CFD Administrator requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall
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6 not be made but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s) to compensate for the overpayment of the Special Tax.
H. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the Special Tax may be billed and collected at a different time or in a different manner if necessary to meet the financial obligations of CFD 2021-1 A4.
I. DURATION OF TAX
The Special Tax shall be levied in perpetuity to fund the Special Tax Requirement unless such tax is no longer required as determined by the City Council.
Legend
Proposed Annexation Boundary
MAP REFERENCE NUMBER
0 140 28070
Feet
VICINITY MAP
#
ANNEXATION MAP NO. 4 OF
COMMUNITY FACILITIES DISTRICT NO. 2021-1
(PUBLIC SAFETY)
CITY OF COLTON
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
FILED IN THE OFFICE OF THE CITY CLERK OF
THE CITY OF COLTON THIS _____ DAY OF
_____________, 20__.
______________________________
CITY CLERK
CITY OF COLTON
I HEREBY CERTIFY THAT THE WITHIN MAP
SHOWING THE PROPOSED BOUNDARIES OF
ANNEXATION MAP NO. 4 OF COMMUNITY
FACILITIES DISTRICT NO. 2021-1 (PUBLIC
SAFETY) OF THE CITY OF COLTON, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, WAS
APPROVED BY THE CITY COUNCIL OF THE CITY
OF COLTON AT A REGULAR MEETING THEREOF,
HELD ON THIS ______ DAY OF ___________,
20____, BY ITS RESOLUTION NO. ____________.
_______________________________
CITY CLERK
CITY OF COLTON
REFERENCE IS MADE TO THAT BOUNDARY MAP
OF THE COMMUNITY FACILITIES DISTRICT NO.
2021-1 (PUBLIC SAFETY) OF THE CITY OF
COLTON RECORDED WITH THE SAN
BERNARDINO COUNTY RECORDER'S OFFICE ON
JUNE 30, 2021 IN BOOK 89, PAGE 77 OF MAPS OF
ASSESSMENT AND COMMUNITY FACILITIES
DISTRICTS, AS INSTRUMENT NO. 2021-0296813.
THE LINES AND DIMENSIONS OF EACH LOT OR
PARCEL SHOWN ON THIS DIAGRAM SHALL BE
THOSE LINES AND DIMENSIONS AS SHOWN ON
THE SAN BERNARDINO COUNTY ASSESSOR'S
MAPS FOR THOSE PARCELS LISTED.
THE SAN BERNARDINO COUNTY ASSESSOR'S
MAPS SHALL GOVERN FOR ALL DETAILS
CONCERNING THE LINES AND DIMENSIONS OF
SUCH LOTS OR PARCELS.
SAN BERNARDINO COUNTY RECORDER'S
CERTIFICATE
THIS MAP HAS BEEN FILED UNDER DOCUMENT
NUMBER ______________, THIS ________ DAY OF
__________, 20___, AT _________ M, IN BOOK
_______ OF _____________________ AT
PAGE_____, AT THE REQUEST OF
________________________ IN THE AMOUNT OF
$_________.
JOSIE GONZALES
ASSESSOR-RECORDER-CLERK
COUNTY OF SAN BERNARDINO
BY: ____________________________
DEPUTY RECORDER
SHEET 1 OF 1
27368 VIA INDUSTRIA, #200
TEMECULA, CA 92590
PH: (951) 587-3500
S La Cadena Dr
S 5th St
S Rancho Ave
W Congress St
S Hert St
Cement Plant Rd
W
Agua Mansa Rd
W Georgia St
S W
alnut St
I-215
I-10
SITE
/
1 2
MAP REFERENCE
NUMBER
ASSESSOR'S PARCEL
NUMBER(S)
1 0163-182-25
2 0163-182-26
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RESOLUTION NO. R-90-26
RESOLUTION OF INTENTION OF THE CITY COUNCIL
OF THE CITY OF COLTON, CALIFORNIA, DECLARING
INTENTION TO ANNEX TERRITORY TO THE CITY OF
COLTON COMMUNITY FACILITIES DISTRICT NO. 2021-
2 (MAINTENANCE SERVICES) AND ADOPTING A MAP
OF THE AREA PROPOSED TO BE ANNEXED THERETO
(ANNEXATION NO. 4 )
WHEREAS, the City Council (the “City Council”) of the City of Colton (the “City”) has established the City of Colton Community Facilities District No. 2021-2 (Maintenance Services), County of San Bernardino, State of California (the “District”) for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and
WHEREAS, the City Council has received a written petition from LGI Homes – California, LLC, a California limited liability company (the “Owner”), the owner of certain real property within the City requesting that such property be annexed to the District in order that they may be developed and receive the benefit of services which will be financed by the annual levy of special taxes on said property for the purpose of financing (a) maintenance and lighting of parks, parkways, streets, roads, and open space; (b) flood and storm protection services, (c) graffiti abatement, (d) the operation and maintenance of storm drainage systems; (e) operation and maintenance of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City; and/or (f) any other services authorized under the Act (together referred to as the “Services”); and agreeing to the annual levy of special taxes on said property sufficient to pay the costs of such Services and costs incidental thereto; and WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982,” (the “Act”) to annex territory to the District by complying with the procedures set forth in said Article 3.5.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES
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HEREBY RESOLVE, DETERMINE AND ORDER as follows:
SECTION 1. Recitals. The above recitals are true and correct and are hereby incorporated into this resolution.
SECTION 2. Name of District. The name of the existing Community Facilities District is City of Colton Community Facilities District No. 2021-2 (Maintenance Services), County of San Bernardino, State of California.
SECTION 3. Intention. The City Council declares its intention to conduct proceedings pursuant to said Article 3.5 for the annexation to the District of the territory described in Exhibit “A” attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed to the District.
SECTION 4. Description of Territory Proposed To Be Annexed; Annexation Map. The territory which is included in the District is described on the map of the District recorded on June 30, 2021, in Book 89 of Assessment and Maps, at Page 78, and as File No. 2021-0296814 in the official records of the County of San Bernardino, the map entitled “Annexation Map No. 1 of Community Facilities District No. 2021-2 (Maintenance Services), City of Colton, County of San Bernardino, State of California,” which was recorded on September 28, 2022, in Book 90 of Boundary Map, Page 63, as File No. 2022-0326756 in the office of the County Recorder of the County of San Bernardino, and the map entitled “Annexation Map No. 2 of Community Facilities District No. 2021-2 (Maintenance Services), City of Colton, County of San Bernardino, State of California,” which was recorded on August 30, 2024, in Book 91 of Assessment Maps, Page 86, as File No. 2024-0204842 in the office of the County Recorder of the County of San Bernardino, which maps are the boundary maps of the District, including annexed territory and such maps are incorporated herein by these references. Annexation No. 3 has not yet been completed as of the date of this Resolution. The territory proposed to be annexed to the District is described in Exhibit “A” attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled “Annexation Map No. 4, of Community Facilities District No. 2021-2 (Maintenance Services), City of Colton, County of San Bernardino, State of California,” which is on file with the City Clerk (the “Annexation Map”).
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SECTION 5. Types of Services; Incidental Expenses. A general description of the services which are to be funded with the revenues from special taxes which are to be levied on parcels of taxable property within the District is as follows:
(a) maintenance services, including but not limited to:
(i) maintenance and lighting of parks, parkways, streets, roads, and open space; (ii) flood and storm protection services;
(iii) graffiti abatement;
(iv) the operation and maintenance of storm drainage systems; (v) maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City; (vi) and/or any other services authorized under the Act.
The District shall also finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out the authorized purposes of the District.
SECTION 6. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the Services provided for in Section 5 above and the annual administrative expenses of the City and the District in determining, apportioning, levying and collecting such special taxes, shall be annually levied within the District. Pursuant to Section 53340 of the California Government Code, the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.
However, under no circumstances shall the special tax levied against any parcel used for private residential purposes subject to the levy of the special tax pursuant to the rates and method of apportionment be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the District by more than ten percent (10%) above the amount that would have been levied in that year had there been no delinquency or default. The rate and method of apportionment of said special taxes shall be as set forth in Exhibit “B” attached hereto and by this reference made a part hereof.
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SECTION 7. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to be annexed to the District. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation Map in her office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days prior to the date of the hearing specified in Section 10 hereof.
SECTION 8. Exempt Properties. Pursuant to Section 53340 of the California Government Code, properties of entities of the state, federal, and local governments shall be exempt from the levy of special taxes of the District.
SECTION 9. Necessity. The City Council finds that the Services described in Section 5 hereof are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of the proposed annexation of territory to the District.
SECTION 10. Hearing on Annexation of Territory. A public hearing on the annexation of territory into the District shall be held at 5:00 p.m. on October 20, 2026, in the Council Chambers of the City Council, 650 N. La Cadena Drive, Colton, California 92324.
SECTION 11. Notice. The City Clerk shall publish a notice of the time and place of said hearing as required by Section 53322 of the California Government Code, and shall also give notice of the time and place of said hearing by first-class mail to each registered voter and to each landowner within the proposed District as prescribed by Section 53322.4 of said Code. Said notice shall be published at least seven (7) days and mailed at least fifteen (15) days before the date of the hearing, and shall contain the information required by said Section 53322.
SECTION 12. Report. The officers of the City who are responsible for providing the Services to be financed by the District, including the territory proposed to be financed, if it is approved, are hereby directed, pursuant to the requirements of Section 53321.5 of the California Government Code to study the proposed annexation and, at or before the time of said hearing, file or cause to be filed a report with the City Council containing a brief description of the Services by type and an estimate of the cost of providing those Services and the incidental expenses to be incurred in connection therewith. All such reports shall be made a part of the record of the hearing
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to be held pursuant to Section 10 hereof.
SECTION 13. Description of Voting Procedures. The voting procedures to be followed in conducting the election on the proposition with respect to the levy of special taxes within the territory proposed to be annexed to the District to shall be as follows:
(a) If at the time of the close of the public or protest hearing (hereinafter referred to as the "protest hearing") at least 12 persons are registered to vote within the territory proposed to be annexed to the District, the election shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the California Government Code ("Section 53326") and pursuant to the applicable provisions of law regulating elections of the City, insofar as they may be applicable, and pursuant to Section 53326 the ballots for the election shall be distributed to the qualified electors of the territory proposed to be annexed to the District by mail with return postage prepaid and the election shall be conducted as a mail ballot election. (b) If at the time of the close of the protest hearing, and for at least the preceding 90 days, less than 12 persons have been registered to vote within the territory proposed to be annexed to the District, and pursuant to Section 53326, the vote is therefore to be by the landowners of that territory, with each landowner of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns, the election shall be conducted by the City Clerk as follows:
(1) The election shall be held on the earliest date following the conclusion of the protest hearing upon which it can be held pursuant to Section 53326 which may be selected by the City Council, or such earlier date as the owners of land within the territory proposed to be annexed to the District and the City Clerk agree and concur is acceptable.
(2) Pursuant to Section 53326, the election may be held earlier than 90 days following the close of the protest hearing if the qualified electors of the territory proposed to be annexed to the District waive the time limits for conducting the election set forth in Section 53326 by unanimous written consent and the City Clerk
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concurs in such earlier election date as shall be consented to by the qualified electors.
(3) Pursuant to Section 53326, ballots for the election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid or by personal service.
(4) Pursuant to applicable provisions of law regulating elections of the City which govern the conduct of mail ballot elections, and Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolution calling the election, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a statement pursuant to Section 9401 of the said Code, an impartial analysis by the City Attorney pursuant to Section 9280 of the said Code with respect to the ballot proposition contained in the official ballot, ballot arguments and rebuttals, if any, pursuant to Sections 9281 to 9287, inclusive, of said Code, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this resolution; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners of the territory proposed to be annexed to the District and shall be so stated in the resolution adopted by the City Council calling the election.
(5) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner- voter and the number of votes to be voted by the landowner-voter, and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he
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or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the proposition set forth in the official ballot as marked thereon in the voting square opposite such proposition, and further certifying as to the acreage of the landowner-voter's land ownership within the territory proposed to be annexed to the District. (6) The return identification envelope delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(7) The information-to-voter form to be mailed or delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 5:00 o'clock p.m. on the date of the election.
(8) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the election, and shall file a statement with the City Council at its next regular meeting regarding the results of such canvass and the election.
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The procedures set forth in this section for conducting the election may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council.
BE IT FURTHER RESOLVED AND ORDERED
The Deputy City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Colton, this 15th day of September, 2026 by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
City of Colton
FRANK J. NAVARRO
Mayor
ATTEST:
ISAAC T. SUCHIL
City Clerk
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EXHIBIT “A”
LEGAL DESCRIPTION OF PROPERTY
The Property is identified as San Bernardino County, Assessor’s Parcel Numbers:
APN LIST
0163-182-03-0-000;
0163-182-04-0-000;
0163-182-05-0-000;
0163-182-06-0-000;
0163-182-07-0-000;
0163-182-09-0-000;
0163-182-10-0-000;
0163-182-14-0-000;
0163-182-16-0-000; and
0163-182-17-0-000.
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EXHIBIT “B”
RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX
23152.06027\45395723.1
1 RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX
For the City of Colton Community Facilities District No. 2021-2 (Maintenance Services), Annexation No. 4, County of San Bernardino, State of California
The Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels within Annexation No. 4 of the City of Colton Community Facilities District No. 2021-2 (Maintenance Services), (“CFD 2021-2 A4”), other than Assessor’s Parcels classified as Exempt Property as defined herein, and collected each Fiscal Year commencing in Fiscal Year 2027-28, in an amount determined by the CFD Administrator through the application of the procedures described below. All of the real property within CFD 2021-2 A4, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre” or “Acreage” means the land area in acres of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area in acres shown on the applicable final map, parcel map, condominium plan, or other map or plan recorded with the County. The square footage of an Assessor’s Parcel is equal to the Acreage of such parcel multiplied by 43,560. “Act” means the Mello-Roos Community Facilities Act of 1982 as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means the following actual or reasonably estimated expenses related to the administration of CFD 2021-2 A4: the costs of determining the amount of the levy of the Special Tax, the collection of Special Taxes, including the expenses of collecting delinquencies and pursuing foreclosures, the payment of a proportional share of salaries and benefits of any City employee and City overhead whose duties are directly related to the administration of CFD 2021-2 A4, fees and expenses for counsel, audits, costs associated with responding to public inquiries regarding CFD 2021-2 A4, and any and all other costs incurred in connection with the administration of CFD 2021-2 A4. “Annual Escalation Factor” means the annual percentage increase of the All Urban Consumers Consumer Price Index (“CPI”) or two percent (2%), whichever is greater. The annual CPI used shall be for the area of Riverside-San Bernardino-Ontario, CA as determined by the Bureau of Labor Statistics for the twelve (12) months ending the preceding December 31, or such other replacement index as may be determined by the City.
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by assessor’s parcel number.
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2 “Building Permit” means a permit issued for new construction of a residential dwelling or non-residential structure. For purposes of this definition, “Building Permit” shall not include permits for construction or installation of retaining walls, grading, utility improvements, or other such improvements not intended for human habitation.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Tax for CFD 2021-2 A4. “CFD 2021-2” means City of Colton Community Facilities District No. 2021-2 (Maintenance Services) established by the City Council under the Act.
“CFD 2021-2 A4” means the area designated as Annexation No. 4 to CFD 2021-2. “City” means the City of Colton.
“City Council” means the Council of the City of Colton, acting as the legislative body of CFD 2021-2 A4. “County” means the County of San Bernardino.
“Developed Property” means an Assessor’s Parcel of Taxable Property for which a Building Permit was issued on or before May 1 preceding the Fiscal Year for which the Special Tax is being levied. “Exempt Property” means all Assessor’s Parcels within CFD 2021-2 A4 that are exempt from the Special Tax pursuant to the Act or Section F herein.
“Fiscal Year” means the period commencing on July 1 of any year and ending the following June 30. “Industrial Property” means all Assessor’s Parcels of Developed Property for which a building permit(s) permitting the construction of one or more non-residential facilities has been issued by the City which are, or are expected by the City to be, primarily used for manufacturing, production, research and development, storage and/or processing of goods, or for any other uses that are consistent with industrial land use designations as determined by the City.
“Land Use Type” means any of the land use types listed in Table 1 below. “Maintenance Services” means those authorized services that may be funded by CFD 2021-2 A4 pursuant to the Act, as amended including but not limited to the (a) maintenance and lighting of parks, parkways, streets, roads, and open space; (b) flood and storm protection services, (c) graffiti abatement, (d) the operation and maintenance of storm drainage systems; (e) operation and maintenance of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City; and (f) any other services authorized under the Act. “Maximum Special Tax” means the maximum Special Tax determined in accordance with Section C, which may be levied in any Fiscal Year on an Assessor’s Parcel of Taxable Property. “Multi-Family Residential Property” means all Assessor’s Parcels of Residential Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management.
23152.06027\45395723.1
3 “Non-Residential Property” means any Assessor’s Parcel classified as Developed Property, which is not classified as Residential Property, Public Property or Property Owner Association Property. “Office Property” means all Assessor’s Parcels of Developed Property for which a building permit(s) permitting the construction of one or more non-residential facilities has been issued by the City which are, or are expected by the City to be, primarily used for professional/medical offices, or for any other uses that are consistent with office land use designations, as determined by the City. “Other Non-Residential Property” means all Non-Residential Property, excluding Industrial Property and Office Property.
“Property Owner Association Property” means for each Fiscal Year any property within the boundaries of CFD 2021-2 A4 that was owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub-association, as of June 1.
“Proportionately” means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels within each Land Use Type. “Public Property” means any property that is owned by, dedicated or irrevocably dedicated to a city, the federal government, the State of California, the County, or any other public agency (each, a “Public Entity”); provided, however, that if any such property is leased by such a Public Entity to a private entity and is thereby subject to taxation pursuant to Section 53340.1 of the Act, such leasehold estate shall be classified and taxed according to the use thereof.
“Residential Property” means all Assessor’s Parcels of Developed Property within CFD 2021-2 A4 for which a Building Permit has been issued for purposes of constructing one or more Residential Unit(s). “Residential Unit” means any residence in which a person or persons may live, which is not considered to be used for non-residential purposes.
“Single Family Residential Property” means all Assessor’s Parcels of Residential Property not classified as Multi-Family Residential Property.
“Special Tax” means the special tax authorized to be levied within CFD 2021-2 A4 pursuant to the Act, to fund the Special Tax Requirement.
“Special Tax Requirement” means the amount, as determined by the CFD Administrator, for any Fiscal Year to: (i) pay the costs of providing the Maintenance Services during such Fiscal Year, (ii) pay Administrative Expenses associated with the Special Tax, (iii) establish or replenish any operational reserve fund established for Maintenance Services, (iv) pay incidental expenses related to the Maintenance Services as authorized pursuant to the Act, (v) fund an amount equal to a reasonable estimate of delinquencies expected to occur in the Fiscal Year in which the Special Tax will be levied (“Estimated Special Tax Delinquency Amount”) and (vi) fund the shortfall, if any, in the Special Tax revenues collected in the preceding Fiscal Year necessary to fund the Special Tax Requirement for such Fiscal Year where such shortfall resulted from delinquencies in the payment of the Special Tax in such Fiscal Year that exceeded the Estimated Special Tax Delinquency Amount included in the Special Tax Requirement for such Fiscal Year.
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4 “Taxable Property” means all Assessor’s Parcels within CFD 2021-2 A4 that are not exempt from the Special Tax pursuant to the Act or Section F.
“Undeveloped Property” means an Assessor’s Parcel of Taxable Property which is not classified as Developed Property.
B. CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2027-28, using the definitions above, each Assessor’s Parcel within CFD 2021-2 A4 shall be classified by the CFD Administrator as Taxable Property or Exempt Property.
In addition, each such Fiscal Year, each Assessor’s Parcel of Taxable Property shall be further classified by the CFD Administrator as Developed Property or Undeveloped Property. Commencing with Fiscal Year 2027-28 and for each subsequent Fiscal Year, all Taxable Property shall be assigned a Land Use Type and subject to the levy of the Special Tax pursuant to Section C below.
C. SPECIAL TAX RATES
1. Developed Property
Each Fiscal Year commencing in Fiscal Year 2027-28, each Assessor’s Parcel of Developed Property shall be subject to the Special Tax.
The Maximum Special Tax for Developed Property for Fiscal Year 2026-27 is shown below in Table 1.
TABLE 1
Land Use Type Maximum
Special Tax
Single Family Residential Property $75.23 per Residential Unit Multi-Family Residential Property $52.27 per Residential Unit Office Property $794.27 per Acre
Industrial Property $714.85 per Acre
Other Non-Residential Property $357.42 per Acre
For each subsequent Fiscal Year following Fiscal Year 2026-27, the Maximum Special Tax rates shall be increased from the Maximum Special Tax rate in effect for the prior Fiscal Year by the Annual Escalation Factor.
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5 2. Undeveloped Property
Each Fiscal Year commencing in Fiscal Year 2027-28, each Assessor’s Parcel classified as Undeveloped Property shall be exempt from the levy of the Special Tax.
3. Exempt Property
No Special Tax shall be levied on Exempt Property as defined in Section F.
For each Fiscal Year, if the use or ownership of an Assessor’s Parcel or Exempt Property changes so that such Assessor’s Parcel is no longer classified as one of the uses set forth in Section F, therefore making such Assessor’s Parcel no longer eligible to be classified as Exempt Property, such Assessor’s Parcel shall be deemed to be Taxable Property and shall be taxed pursuant to the provisions of Section C.
D. METHOD OF APPORTIONMENT OF SPECIAL TAX
Commencing in Fiscal Year 2027-28 and for each subsequent Fiscal Year, the CFD Administrator shall levy the Special Tax on all Taxable Property of CFD 2021-2 A4 until the total amount of Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property within CFD 2021-2 A4 up to 100% of the Maximum Special Tax to satisfy the Special Tax Requirement.
Notwithstanding any provision of this Section D to the contrary, under no circumstances will the Special Tax levied against any Assessor’s Parcel of Developed Property that is classified as Residential Property be increased by more than ten percent (10%) per Fiscal Year as a consequence of delinquency or default in the payment of the Special Tax by the owner of any other Assessor’s Parcel.
E. PREPAYMENT OF SPECIAL TAX
The Special Tax shall be levied in perpetuity for the purpose of financing ongoing authorized services and therefore may not be prepaid.
F. EXEMPTIONS
The City Council shall classify as Exempt Property: (i) Public Property, (ii) Property Owner Association Property, (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, including but not limited to property designated for open space, trails, pathways, parks or park and recreation related facilities, (iv) property reasonably designated by the City or CFD Administrator as Exempt Property due to deed restrictions, conservation easement, or similar factors.
G. APPEALS
Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the CFD Administrator not later than twelve months after having paid the first installment of the Special Tax. The CFD Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the decision of the CFD Administrator requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall
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6 not be made but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s) to compensate for the overpayment of the Special Tax.
H. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the Special Tax may be billed and collected at a different time or in a different manner if necessary to meet the financial obligations of CFD 2021-2 A4.
I. DURATION OF TAX
The Special Tax shall be levied in perpetuity to fund the Special Tax Requirement unless such tax is no longer required as determined by the City Council.
Legend
Proposed Annexation Boundary
MAP REFERENCE NUMBER
0 140 28070
Feet
VICINITY MAP
#
ANNEXATION MAP NO. 4 OF
COMMUNITY FACILITIES DISTRICT NO. 2021-2
(MAINTENANCE SERVICES)
CITY OF COLTON
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
FILED IN THE OFFICE OF THE CITY CLERK OF
THE CITY OF COLTON THIS _____ DAY OF
_____________, 20__.
______________________________
CITY CLERK
CITY OF COLTON
I HEREBY CERTIFY THAT THE WITHIN MAP
SHOWING THE PROPOSED BOUNDARIES OF
ANNEXATION MAP NO. 4 OF COMMUNITY
FACILITIES DISTRICT NO. 2021-2 (MAINTENANCE
SERVICES) OF THE CITY OF COLTON, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, WAS
APPROVED BY THE CITY COUNCIL OF THE CITY
OF COLTON AT A REGULAR MEETING THEREOF,
HELD ON THIS ______ DAY OF ___________,
20____, BY ITS RESOLUTION NO. ____________.
_______________________________
CITY CLERK
CITY OF COLTON
REFERENCE IS MADE TO THAT BOUNDARY MAP
OF THE COMMUNITY FACILITIES DISTRICT NO.
2021-2 (MAINTENANCE SERVICES) OF THE CITY
OF COLTON RECORDED WITH THE SAN
BERNARDINO COUNTY RECORDER'S OFFICE ON
JUNE 30, 2021 IN BOOK 89, PAGE 78 OF MAPS OF
ASSESSMENT AND COMMUNITY FACILITIES
DISTRICTS, AS INSTRUMENT NO. 2021-0296814.
THE LINES AND DIMENSIONS OF EACH LOT OR
PARCEL SHOWN ON THIS DIAGRAM SHALL BE
THOSE LINES AND DIMENSIONS AS SHOWN ON
THE SAN BERNARDINO COUNTY ASSESSOR'S
MAPS FOR THOSE PARCELS LISTED.
THE SAN BERNARDINO COUNTY ASSESSOR'S
MAPS SHALL GOVERN FOR ALL DETAILS
CONCERNING THE LINES AND DIMENSIONS OF
SUCH LOTS OR PARCELS.
SAN BERNARDINO COUNTY RECORDER'S
CERTIFICATE
THIS MAP HAS BEEN FILED UNDER DOCUMENT
NUMBER ______________, THIS ________ DAY OF
__________, 20___, AT _________ M, IN BOOK
_______ OF _____________________ AT
PAGE_____, AT THE REQUEST OF
________________________ IN THE AMOUNT OF
$_________.
JOSIE GONZALES
ASSESSOR-RECORDER-CLERK
COUNTY OF SAN BERNARDINO
BY: ____________________________
DEPUTY RECORDER
SHEET 1 OF 1
27368 VIA INDUSTRIA, #200
TEMECULA, CA 92590
PH: (951) 587-3500
S La Cadena Dr
S 5th St
S Rancho Ave
W Congress St
S Hert St
Cement Plant Rd
W
Agua Mansa Rd
W Georgia St
S W
alnut St
I-215
I-10
SITE
/
1 2
MAP REFERENCE
NUMBER
ASSESSOR'S PARCEL
NUMBER(S)
1 0163-182-25
2 0163-182-26
Item: 1.
Staff Report
Meeting Date: September 15, 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 September 1, 2026, on File in the Office of the City Clerk.
Recommended Action:
Staff recommends the City Council approve the draft minutes for the September 1, 2026, regular City Council meeting.
Background:
Issues/Analysis:
Fiscal Impacts:
Alternatives:
Attachments:
1. 09-01-26- 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, September 1, 2026 – 5:00 PM
City Hall, Council Chambers
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 Mike Ross – Centerpoint Church
Flag Salute
Veterans of Foreign Wars (VFW) Member - Bernie Moyeda and Tom Leon Roll Call
Council members present were MPTE David J. Toro, MPT 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 Assistant City Manager Charles Berry, and City Attorney Carlos Campos. _____________________________________________________________________________________
Ceremonial Matters
Presentations, Awards, Proclamations
• Check Presentation: 5th District Supervisor Joe Baca, Jr. - Davis Park Batting Cages 5th District Supervisor Joe Baca Jr. presented a ceremonial check to the City of Colton for Davis Park batting cages; accepted by Mayor Frank J. Navarro. • New Employee Introductions (1st & 2nd Quarter 2026)
Thomas Cody, Director of Human Resources, presented to Council the twenty new employees that were hired between January - June 2026. Electric Utilities Director, Thomas Miller, Finance Director, Stacey Dabbs, Fire Chief, Justin Weems, Director of Human Resources, Thomas Cody, Police Chief, Anthony Vega, Public Works and Utilities Director, Chad Blais, recognized and introduced each of their department’s new hires.
The Following New Hires were Recognized:
o Kinda Salloum, Utilities Planning Manager
o Carley Gomez, Electrical System Planning Engineer
o Catlin Corrales, Engineering/ GIS Technician
o Carlos Martinez JR, Consumer Services Field Rep I
o Brian Olive, Consumer Services Field Rep I
o Jeffrey Shaddy, Power Line Technician
o Joseph Ramirez, Power Line Technician
o Jacob Selco, Power Line Tech Apprentice
o Maria Romero-Tang, Senior Accountant
o Linda Gutierrez, Purchasing Technician
o Joshua Gilliam, Fire Battalion Chief
o David Silva, Fire Battalion Chief
o Darren Jurado, Fire Engineer
o Lenai Bustos, Human Resources Analyst
o Adrian Anguiano, Police Officer
o Abby Pritchard, Animal Services Officer
o Philip Perez, Capital Project Manager
o Melissa Torres, Administrative Assistant
o Emilio Ceballos, Maintenance Worker II
o Michael Lopez, Maintenance Worker I
• Proclamation - Royal Gents Association of Colton - 10th Anniversary Mayor Navarro presented a Proclamation recognizing the 10th anniversary of the Royal Gents Association of Colton; accepted by Christina Romero, Vice Chair, and John Tujillo, Treasurer.
Mayor and Council Items
Gift Disclosures - None
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)).
Council Member Gonzalez attended the Inland Empire division League of California Cities luncheon; which was held on August 20, 2026, in Upland, CA.
Appointments - None
Mayor and Council Discussion Items - None
Public Hearings
1) AB 98 Zoning Code Amendments - Time and Place Fixed to Consider a Public Hearing to Waive Full Reading, Read by Title Only, and Pass the First Reading of an Ordinance to Amend certain Chapters and Section of Title 18 (Zoning Code) of the Colton Municipal Code by adding and/or modifying certain Sections in Chapters 18.04, 18.06, 18.24, 18.26,
18.28, 18.30, 18.36. 18.38, 18.46, and 18.48.134 related to, but not limited to, Definitions, Permitted Uses; Development Standards In I-P (Industrial Park), M-1 (Light Industrial), M- 2 (Heavy Industrial) Zones, Nonconforming Structures and Uses, Parking, Nonresidential Fence Heights and Special Provisions for Warehouse Logistics and Distribution, and Truck and Trailer Parking Uses; and Title 18 (Zoning Code) of the Colton Municipal Code by modifying Chapters 18.14, 18.16 and Section 18.58.030 related to but not limited to Medium Density Residential Zone, Multiple-Family Residential Zone and Administrative Application Review Procedures, File Index No. DAP26-0019, Ordinance No. O-11-26.
Staff Person: Heidi Duron
Public Hearing Opened
The Mayor announced the Public Hearing Open.
The City Clerk submitted the notice of Public Hearing (on file in the City Clerk's Office) and there were no letters of opposition received for this item.
Staff Presentation
Matthew Burris with Burris Planning Group and Mario Suarez, Planning Manager, presented to Council an overview of the agenda Item.
Public Comment - None
Public Hearing Closed
A motion was made to Close the Public Hearing by MPT Chastain, with a second by CM Gonzalez.
Vote: Unanimous, Motion Passes
Council Discussion
Discernment and discussion between the Mayor and Council members present, with clarification provided by staff: Matthew Burris with Burris Planning Group and Mario Suarez.
Motion/Vote
A motion was made to approve the Item by CM Echevarria, with a second by CM Gonzalez.
Vote: Unanimous, Motion passes
Business Items
There were no Business items.
Public Comment - None
Consent Calendar
Mayor Navarro presented the Consent Calendar Items 1 through 10. 1) Minutes - Approval of Minutes for the City Council Regular Meeting Held on August 18, 2026, on File in the Office of the City Clerk.
City Clerk: Isaac T. Suchil
2) Warrants - Approve voucher numbers 227916 to 227989 dated 07/29/2026 and totaling $95,915.71; voucher numbers 227990 to 228127 dated 07/30/2026 and totaling $2,472,533.58; wires dated 08/03/2026 and totaling $5,726,086.00; voucher numbers 228128 to 228283 dated 08/06/2026 and totaling $3,401.203.19; voided check number 228130 for $778,904.06 and a payroll disbursement listing dated 06/20/2026 to 07/03/2026 and totaling $1,912,488.03.
Staff Person: Stacey Dabbs
3) Contract Amendment - Approve Amendment No. 1 to the Animal Shelter Services Agreement with San Bernardino City.
Staff Person: Anthony Vega
4) Contract Amendment - Approve the final one-year extension of the professional services agreement with fire apparatus solutions for fire apparatus maintenance and repair services in the amount of $175,000.00.
Staff Person: Justin Weems
5) Contract Award - Approve the Selection of Sustainable Mitigation to Provide Fire Department Weed Abatement Services.
Staff Person: Justin Weems
6) Contract Award - Award a Contract for the Engineering Design Services of the Valley Sewer Mainline Replacement Project in the amount of $62,490.00.
Staff Person: Chad Blais
7) Contract Award - Award the City's ERP Implementation Project to Tyler Technologies and Implementation Project Management Oversight to ClientFirst Technology Consulting.
Staff Person: Stacey Dabbs
8) Contract Award - Approve Contract for Z&K Consultants, Inc. for $275,000 annually for On-Call Inspection Services for Fiscal Years 2026-27 through 2027-28.
Staff Person: Chad Blais
9) Notice of Completion - Fire Station 214 Restroom Remodel Project by J. Pearce Builders, Inc.
Staff Person: Chad Blais
10) Resolution - Approve and Adopt a Resolution Approving the Write-off and Reconciliation of Uncollectible Accounts Receivable Balances For Fiscal Year Ending June 30, 2026, in the amount of $84,824.20, Resolution No. R-80-26.
Staff Person: Stacey Dabbs
Motion/Vote
A motion was made to Approve the Consent Calendar by CM Gonzalez, with a second by MPT Chastain.
Vote: Unanimous, Motion Passed
_____________________________________________________________________________________
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 07:26 PM in memory of: Jose David Chavarria Chavez, Henry Calderon, Maritess Basbas and Richard Navarrete; a moment of silence was observed.
_________________________
Isaac T. Suchil, City Clerk
City of Colton
Item: 2.
Staff Report
Meeting Date: September 15, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Stacey Dabbs, Finance Director
Item Name: Warrants - Approve US Bank voucher dated 07/08/2026 and totaling $83,811.90; voucher numbers 228284 to 228374 dated 08/13/2026 and totaling $1,718,478.52; replacement checks 228377 & 228380 totaling $31,175.76; voucher numbers 228375 to 228536 dated 08/20/2026 and totaling $2,032,259.10; a payroll disbursement listing dated 07/04//2026 to 07/17/2026 and totaling $1,524,657.16 and a payroll disbursement listing dated 07/18/2026 to 07/31/2026 and totaling $1,507,415.66.
Recommended Action:
Approve US Bank voucher dated 07/08/2026 and totaling $83,811.90; voucher numbers 228284 to 228374 dated 08/13/2026 and totaling $1,718,478.52; replacement checks 228377 & 228380 totaling $31,175.76; voucher numbers 228375 to 228536 dated 08/20/2026 and totaling $2,032,259.10; a payroll disbursement listing dated 07/04//2026 to 07/17/2026 and totaling $1,524,657.16 and a payroll disbursement listing dated 07/18/2026 to 07/31/2026 and totaling $1,507,415.66.
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: September 15, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Heidi Duron, Director
Item Name: Contract Amendment - Approve Second Contract Amendment with CASC Engineering & Consulting for an additional $163,200 and extend one-year to September 30, 2027, to continue Planning and Analytics Support in accordance with Municipal Code Section
3.08.140(E).
Recommended Action:
Approve Second Contract Amendment with CASC Engineering & Consulting for an additional $163,200 and extend one-year to September 30, 2027 to continue Planning and Analytics Support in accordance with Municipal Code Section 3.08.140(E).
Background:
On May 20, 2025, City Council approved, and adopted Resolution No. R-29-25, environmental consultants pre-qualified to provide CEQA and NEPA services to the City for a 3-year term. The approval included 22 firms that were deemed qualified under the City's rating criteria. In addition to the provision of environmental services, many of the firms also include contract staff for a variety of development-related services. Furthermore, adopted goals for the department include a goal to streamline the development process to attract and incentivize business.
Issues/Analysis:
Development Services has identified numerous ways to streamline the development process, including but not limited to: updating permitting processes, enhancing interdepartmental coordination, managing permit system data, documenting standard operating procedures, and supporting performance measurement initiatives. While the Planning and Building Divisions are currently fully staffed, the current workload does not afford staff the time needed to take on these initiatives. In addition, the initiatives are Department and Citywide, necessitating specific experience in process improvement efforts. The Department reached out to CASC Engineering & Consulting for a quote based on their proposal submitted in response to the RFP issued for the pre-qualified Consultants discussed in the background. CASC submitted a quote for one-year, in
the amount of $163,200, to provide the following services:
• Process Improvement & Streamlining: Leveraging proven methods to identify bottlenecks and implement solutions that enhance permitting efficiency and interdepartmental collaboration.
• Permit System Management & Analytics: Offering practical experience with permit tracking systems, including data management, troubleshooting, and reporting to support informed decision-making.
• Performance Measures & SOP Development: Establishing clear performance metrics and drafting comprehensive procedures to promote consistency, accountability, and transparency.
• Website & Public Information Support: Ensuring public-facing information is accurate, accessible, and responsive to community needs.
Per Municipal Code Section 3.08.140(E), Development Services used the exception to the competitive bidding process for non-public projects. The purpose of the bidding has otherwise been accomplished through the previous RFP, and it is in the best interest of the City and its administrative process to dispense with public bidding. On September 16, 2025, City Council approved an initial six-month contract with CASC for the above-described services, with a six- month extension approved on April 7, 2026. This effort has been very successful, and significant progress has been made on implementing process improvements and documenting Standard Operating Procedures. The contract extension will allow for continuous progress on existing efforts, and provide time to accomplish additional tasks.
Fiscal Impacts:
Sufficient appropriations are available in the adopted FY 26-27 budget in General Fund Planning Professional Services account number 100-6300-6301-2350-0000-000.
Alternatives:
Provide alternative direction to staff.
Attachments:
1. PSA_CASC_September 2026
2. Exhibit A Scope of Services and Compensation 2026-27
(BB&K 2018)
23152.06000\30453088.2 Exhibit “C”-1
CITY OF COLTON
SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Second Amendment to the Professional Services Agreement (PSA) is made and entered into this 15th day of September, 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 CASC Engineering and Consulting, Inc., an environmental services firm, with its principal place of business at 1470 E.
Cooley Drive, Colton, CA 92324 ("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 contract planning and analyst services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Agreement.
City and Consultant entered into that certain Professional Services Agreement dated September 16, 2025 (“Agreement”), whereby Consultant agreed to render such professional consulting services experienced analytical and planning support to assist City staff with improving permitting processes, enhancing interdepartmental coordination, managing permit system data, and supporting performance measurement initiatives ("Project") as set forth in this Agreement.
2.3 First Amendment.
On April 7, 2026, City and Consultant amended the Agreement for the first time to extend the term of the Agreement and increase compensation.
2.4 Second Amendment.
City and Consultant desire to amend the Agreement for the second time to extend the term of the Agreement and increase compensation.
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 contract planning and analyst consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall
be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and 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 October 1, 2026 to September 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than six months. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this 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 "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed Three Hundred and Twelve Thousand Two Hundred Dollars ($312,000.00) 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 S"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 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 professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.3.3 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: Jessie Bruckhart, Senior Planner.
3.3.5 City's Representative. The City hereby designates Heidi Duron, 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 Michelle E.
Furlong, Operations Manager, 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 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 claim 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 Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of
documentation confirming the identity and immigration status of each employee of the Consultant.
Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.3.10 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.
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.
(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, 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 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(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, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.3.11.6 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 respects 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 requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.
3.3.11.8 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, without 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 and 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 City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.3.12.2 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 shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the 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 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: CASC Engineering & Consulting
1470 E. Cooley Dr.
Colton, CA. 92324
ATTN: Michelle E. Furlong, Operations Manager
City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: Heidi Duron, Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.3 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 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. Consultant 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 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.
3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.6.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants
of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the 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]
SIGNATURE PAGE TO
PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF COLTON AND CASC ENGINEERING AND CONSULTING, INC.
CITY OF COLTON CASC ENGINEERING AND CONSULTING, INC.
By: ____________________________ By: _________________________ William R. Smith Michelle E. Furlong,
City Manager Operations Manager
Attest:
By: _________________________
Isaac T. Suchil
City Clerk
Approved as to Form:
______________________________
Best Best & Krieger LLP
City Attorney
www.cascinc.com
CITY OF COLTON
CONTRACT ANALYST SERVICES
SCOPE OF WORK
CONTRACT ANALYST SERVICES
CITY OF COLTON — DEVELOPMENT SERVICES DEPARTMENT
This scope of work is based on our understanding of the City’s objectives for the Contract Analyst Position, as well as the available resources. The Casc Team recognizes that the work program and schedule may be refined, and we are committed to tailoring our approach to best meet the needs of the City and community.
POSITION SUMMARY:
The Analyst will provide part -time (20 hours/week , for 6 months ), professional support to the Development Services Department, focusing on process improvements, data management, and operational support for permitting functions. This role is essential to enhance efficiency, transparency, and customer service in the City’s building permit processes and related functions and promote economic development through improved service delivery.
KEY RESPONSIBILITIES:
1. Process Improvement & Streamlining
o Analyze and recommend improvements to the building permit process to enhance efficiency and customer experience.
o Identify opportunities for streamlining workflows within and between departments. o Coordinate with internal departments to align processes and reduce redundancies.
2. Permit System Management & Support
o Manage and support the permitting system, including user support, data quality control, and system enhancements.
o Assist in system troubleshooting and recommend upgrades or adjustments to optimize functionality.
3. Reporting & Analytics
o Prepare and submit quarterly fee reports and other regulatory reports as required. o Track permit timelines and generate performance dashboards to monitor processing benchmarks. o Provide analytics support to inform decision-making and performance evaluations.
4. Performance Measures & Standard Operating Procedures o Assist in the development and implementation of performance measures to evaluate department effectiveness. o Draft and maintain standard operating procedures (SOPs) to ensure consistency and compliance.
5. Interdepartmental Coordination
o Facilitate communication and coordination across Development Services and other departments involved in the permitting process.
o Support cross-departmental initiatives to improve permitting and development review processes.
6. Website & Public Information Support
o Support updates and maintenance of permitting and development-related content on the City’s website. o Ensure that information is clear, accurate, and accessible to the public and stakeholders.
7. General Administrative & Project Support
o Provide project management assistance for special initiatives as needed. o Perform other administrative tasks and support services related to permitting and development services operations.
QUALIFICATIONS & EXPERTISE:
• Extensive experience in municipal permitting processes, land use, and planning services. • Strong skills in process improvement, inter-departmental coordination, and systems management. • Proficient in data analysis, reporting, and performance measure development. • Skilled in preparing clear and effective standard operating procedures and public-facing materials. • Experience supporting website content and customer service in a government setting. • Excellent communication, project management, and organizational skills.
www.cascinc.com
CITY OF COLTON
CONTRACT ANALYST SERVICES
RATE SHEET
CONTRACT ANALYSIS SERVICES
Proposed Hourly Rate: $170/hr
Proposed Monthly Cost (based on 80 hrs/month): $13,600
Total for 12-month contract: $163,200
Billing Frequency: Monthly (Net 30 terms)
N
otes:
• Hours listed are estimates and may be adjusted based on project priorities in consultation with City staff. • Services will not exceed the agreed-upon total hours per month without prior written approval. • All work will be invoiced monthly with a detailed breakdown of tasks and hours.
SERVICE DESCRIPTION HOURLY
RATE
ESTIMATED
WEEKLY HOURS
ESTIMATED
MONTHLY
HOURS
ESTIMATED
MONTHLY COST
Process Improvement &
Streamlining
$170 5 20 $3,400.00
Permit System Management &
Support
$170 5 20 $3,400.00
Reporting & Analytics Support $170 4 16 $2,720.00
SOP Development & Performance
Measure Implementation
$170 3 12 $2,040.00
Website & Public Information
Support
$170 3 12 $2,040.00
TOTAL (20 hrs/week, as needed): - 20 hrs 80 hrs $13,600.00
www.cascinc.com
JESSIE BRUCKHART
SENIOR PLANNER
YEARS OF EXPERIENCE:
13+ Years
EDUCATIONAL
BACKGROUND:
B.S. Environmental Planning
and GIS, Indiana University
of Pennsylvania, PA
AREAS OF EXPERTISE:
o Analytics
o Process Improvement
o Permit Software
o Project Management
o CEQA/NEPA
o Zoning Code Updates
o General Plan Updates
o Planning Entitlements
o Community Plans
o Website Design & Social
Media
Ms. Bruckhart brings over 13 years of experience specializing in long-range planning, process improvement and data management and reporting with experience in both the private and public sectors. Her well-rounded background includes extensive experience with state and local reporting requirements, the development and monitoring of key performance indicators (KPIs), and the implementation, development, and maintenance of permit software systems to s upport efficient operations. Prior to joining Casc , she worked for the County of San Bernardino for seven years, serving as a Planner from 2018 to 2023 and a Planning Technician from 2016 to 2018. She previously served as a Contract Planner for the County under Casc’s Contract Planning Services Agreement. She successfully managed and produced weekly, monthly, and quarterly reports on permits and staffing, ensuring accurate tracking and timely reporting to support informed decision-making. Additionally, she played a key role in drafting standard operating procedures (SOPs) to promote process consistency, accountability, and compliance with regulatory requirements.
Ms. Bruckhart’s skill set includes significant experience in process improvement, where she identified operational bottlenecks and implemented practical solutions to streamline workflows. Her involvement in website updates and design ensured that public -facing information was accurate, accessible, and responsive to community needs, further supporting transparency and civic engagement.
Her comprehensive background in data-driven analysis and process improvement combined with her ability to streamline workflows and enhance operational efficiency provides valuable insights and strengthens compliance measures to improve customer service. Her blend of technical expertise and a continuous improvement mindset positions her as a key asset in advancing planning initiatives and driving measurable performance outcomes.
RELEVANT EXPERIENCE:
• EZOP Implementation and Subject Matter Expert - County of San Bernardino • Planning Division Process Improvement Specialist - County of San Bernardino • Sales Force and Open Counter Implementation- County of San Bernardino • Standard Operating Procedures Documentation- County of San Bernardino • Land Use Services GIS Specialist, County of San Bernardino • 2021-2029 Housing Element Update, Project Manager, County of San Bernardino, • San Bernardino County General Plan Update, County of San Bernardino • Countywide Plan and Community Plan Online Survey Management, County of San Bernardino
• Webmaster- Land Use Services Department, County of San Bernardino • RHNA Reporting, County of San Bernardino
• Department of Finance- Housing Unit Change Form, County of San Bernardino • Williamson Act Reporting- County of San Bernardino
• CDBG Reporting- County of San Bernardino
• Measure I Funds Reporting Assistance- County of San Bernardino • CEQAnet Submitter- Multiple Jurisdictions
• Disaster Relief reporting and mapping - Building and Safety Department, County of San Bernardino
• KPI Dashboard and quarterly performance measure reporting- County of San Bernardino • Staff projections- County of San Bernardino
Item: 4.
Staff Report
Meeting Date: September 15, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Contract Award - Professional Services Agreement with Tetra Tech, Inc. for PFAS Treatment Systems Design for Wells 22, 23, and 30/31, in the amount of $782,445.00 and Approve and adopt a Resolution to Amend the Fiscal Year 2026/27 Water Utility Budget, Resolution No. R-83-26.
Recommended Action:
1. Approve a Professional Services Agreement with Tetra Tech, Inc. for professional engineering services related to the design of PFAS treatment systems at Wells 22, 23, and the combined Well 30/31 site, for an amount not to exceed $782,445.00.
2. Adopt Resolution R-83-26 amending the FY 2026/27 Budget to increase Water Utility Fund appropriations by $300,000 from reserve balance.
3. Authorize the City Manager to execute the agreement and any related documents.
Background:
The City of Colton operates seven (7) groundwater production wells that are subject to current and anticipated regulatory requirements for per- and polyfluoroalkyl substances (PFAS). In April 2024, the United States Environmental Protection Agency established final National Primary Drinking Water Regulations for certain PFAS compounds. The new regulations require water systems to monitor for PFAS and, where necessary, implement treatment or other compliance measures within the applicable regulatory timeframes.
Wells 22, 23, 30, and 31 are important components of the City’s groundwater sources and PFAS has been detected at these wells. Therefore, the City is pursuing the design of PFAS treatment facilities at Well 22, Well 23, and the combined Well 30/31 site to preserve local groundwater production, improve long-term operational reliability, and position the City to comply with applicable PFAS drinking-water requirements.
Issues/Analysis:
The City issued a Request for Qualifications for professional engineering services to design PFAS treatment systems at Wells 22, 23, and the combined Well 30/31 site on May 22, 2026, in accordance with City of Colton Municipal Code Section 3.08.110(B). The RFQ was advertised through the Press Enterprise and BidNet, the City’s bidding portal, with proposals due June 25, 2026. The City received four proposals, which were evaluated based on relevant PFAS-treatment experience, technical approach, project team, understanding of the City’s needs, and ability to complete the work. The following consultants provided proposals.
Consultant Fee
Tetra Tech $782,445.00
ESSI Consulting $899,911.00
N2W Engineering $749,660.00
NCS Engineering $699,036.00
The proposals were reviewed and scored by a four-member City evaluation panel using the evaluation criteria identified in the RFQ. Based on the cumulative evaluation results, Tetra Tech received the highest overall score and was identified as the preferred firm. Tetra Tech demonstrated extensive municipal PFAS treatment experience and a strong understanding of the City’s groundwater facilities, regulatory requirements, operational needs, and funding constraints.
Following the evaluation and selection process, staff entered into discussions with Tetra Tech regarding the proposed scope of work and fee. Tetra Tech reevaluated its proposed level of effort and costs while maintaining the original scope of services and also incorporated Rapid Small-Scale Column Testing (RSSCT) to evaluate PFAS treatment media performance and assist the City in selecting the most effective treatment media for the proposed facilities. As a result of these discussions, Tetra Tech reduced its overall proposal cost from $893,900 to $782,445. Tetra Tech’s final scope includes preliminary engineering and site evaluation; RSSCT bench-scale testing, preparation of engineer’s reports, environmental and permitting support, final plans, specifications, cost estimates, and bid documents, bidding assistance, and engineering support during construction for PFAS treatment improvements at Wells 22, 23, and the combined Well 30/31 site.
Staff recommends approval of the Professional Services Agreement with Tetra Tech, Inc. to proceed with design services and position the City to pursue available PFAS grant funding for construction.
Fiscal Impacts:
The adopted FY 2026/27 Water Capital Improvement Budget includes a $500,000 allocation for the PFAS Treatment Project under budget No. 521-8100-8101-3890-0000-100. Through FY 2025/26, the Water Utility Fund has recognized $2,912,465.11 in PFAS-related settlement revenue under revenue account No. 521-7838-000. Based on the City's accounting records, no expenditures or encumbrances have been charged against these settlement proceeds, and the funding remains available within the Water Utility Fund for the PFAS Treatment Project. To provide sufficient budgetary authority for the proposed contract, staff is requesting that the City Council approve Resolution R-83-26 to appropriate an additional $300,000 from available PFAS settlement proceeds in the Water Utility Fund to the PFAS Treatment Project, increasing the FY 2026/27 project appropriation from $500,000 to $800,000.
Alternatives:
Provide alternative direction to staff.
Attachments:
1. Resolution R-83-26 Budget Amendment Water Utility PFAS Project
2. PSA - Tetra Tech Inc
3. Tetra Tech_Colton PFAS_Technical Proposal
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RESOLUTION NO. R-83-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON AMENDING THE FISCAL YEAR 2026/2027 CAPITAL IMPROVEMENTS PFAS TREATMENT FACILITIES ACCOUNT.
WHEREAS, the City Council of the City of Colton adopted and approved the annual budget for Fiscal Year 2026-27 on the 20th day of May 2026; and
WHEREAS, in the Capital Improvement Fund for the PFAS Treatment Facilities account (521-8100-8101-3890-0000-100) must now be amended to increase the appropriation by $300,000.00; and
WHEREAS, this funding will be utilized for the PFAS Treatment System Design for Wells 22, 23, 30, & 31; and
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF COLTON, AS FOLLOWS:
Section 1 The Recitals preceding in this Resolution are true and correct and are incorporated into this Resolution by reference.
Section 2 The City Council authorizes additional appropriation in the amount of $300,000.00 from the Water Reserve balance to the PFAS Treatment Facilities account (521- 8100-8101-3890-0000-100) as an adjustment to the Fiscal Year 2026/27 budget.
PASSED, APPROVED AND ADOPTED THIS __ DAY OF SEPTEMBER 2026.
________________________________________
FRANK J. NAVARRO
Mayor
ATTEST:
_____________________________
Isaac T. Suchil
City Clerk
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CITY OF COLTON
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 18th day of September 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 Tetra Tech, a Corporation in the State of California, with its principal place of business at 17885 Von Karman Avenue, Suite 500, Irvine, CA 92314 ("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 PFAS Treatment System Design 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 services for PFAS Treatment System Design Services for various Public Works and Utilities projects ("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 labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the PFAS Treatment System Design Services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from September 18, 2026, to June 30, 2028 , unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if
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necessary to complete the Services.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall 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 obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements . All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel . Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more 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;
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3.2.5 City's Representative . The City hereby designates Chad Blais, Public Works & Utilities Director , or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").
City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept directions or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Steve Tedesco 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.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant 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.
3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees
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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.
3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; 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 Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.
Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.
3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub- subcontractors and Subconsultants . To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub - subcontractors or subconsultants to meet any of the requirements provided for in Sections
3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section
3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
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3.2.10.4 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.10.5 Air Quality . To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", 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.
3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be 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.
3.2.11 Insurance.
Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this Section.
3.2.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the 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:
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(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability :
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability : Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another.
(B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by 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.
3.2.11.3 Professional Liability . Consultant shall procure and maintain, and require its sub- consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. Defense costs shall be paid in addition to the limits.
3.2.11.4 Insurance Endorsements . The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and completed operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20
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01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or 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
3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(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, 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 insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.
Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B).
(C) Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant.
(D) All Coverages . Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.
3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to
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waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.2.11.6 Deductibles and Self -Insurance Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
3.2.11.7 Subconsultant Insurance Requirements . Consultant shall not allow any subconsultants to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.
3.2.11.8 Acceptability of Insurers . Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.
3.2.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.2.11.10 Reporting of Claims . Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.2.12 Water Quality Management and Compliance.
3.2.12.1 Storm Water Management . Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters and assumes any and all risks and liabilities arising therefrom.
3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the
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Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
3.2.12.3 Standard of Care . Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
3.2.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.14.2 of this Agreement is a violation of federal and state law.
Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for
delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Seven Hundred, Eighty-Two Thousand Four Hundred and Forty Five Dollars ($782,445) 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.
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3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non- disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work . At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the 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
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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 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.
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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: Tetra Tech
17885 Von Karman Ave
Irvine, CA 92614
ATTN: Steve Tedesco
City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: Chad Blais, Public Works & Utilities Director
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.3 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
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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 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. Consultant 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
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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 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.
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3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.9 City's Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.
3.6.10 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.
3.6.11 Assignment or Transfer; 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
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for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the 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.
3.7 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.
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PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF COLTON AND
TETRA TECH INC.
CITY OF COLTON TETRA TECH INC.
a Corporation
By: By:
William R. Smith Name: Steve Tedesco
City Manager Title: Sr. Vice President
Attest:
Isaac T. Suchil
By:
Name:
City Clerk Title:
Recommended for Approval:
Executive Director
Colton Utility Authority
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23152.06000\30453088.2 Exhibit “A”-1
EXHIBIT "A"
SCOPE OF SERVICES
Tetra Tech shall provide professional engineering services for the evaluation, design, permitting, bidding, and construction support of PFAS treatment improvements at the City’s Well 22, Well 23, and combined Well 30/31 facilities. Services shall include review of existing water -quality and site data; site investigations, surveying, utility research, and geotechnical evaluation; RSSCT bench- scale testing as needed; and preparation of an Engineer’s Report evaluating and recommending the appropriate PFAS treatment technology and site improvements.
Tetra Tech shall prepare complete plans, specifications, engineer’s estimates, and bid documents, including civil, structural, mechanical, electrical, instrumentation, controls, SCADA, piping, and related improvements. Services shall also include regulatory and permitting coordination; preparation of required DDW documentation, including the Operation, Maintenance, and Monitoring Plan; assistance during bidding; and engineering support during construction, including submittal and RFI review, site visits, startup support, final inspection, and record drawings.
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23152.06000\30453088.2 Exhibit “B”-1
EXHIBIT "B"
SCHEDULE OF SERVICES
The term of this Agreement shall be from September 18, 2026, to June 30, 2028.
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23152.06000\30453088.2 Exhibit “C”-1
EXHIBIT "C"
COMPENSATION
Fee Proposal
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TETRA TECH
PFAS Treatment Systems Design
City of Colton
Tetra Tech has developed the proposed fee based
on the scope of services outlined in the City of
Colton PFAS Treatment Systems Design RFP . The
fee includes labor, subconsultant services, travel,
and other direct costs required to complete the
engineering assessment, design, permitting support,
bidding assistance, and engineering services during
construction for PFAS treatment systems at Wells 22,
23, 30, and 31.
The fee is organized into four major tasks
corresponding to the project approach and scope
of work. Task 1 includes project management,
coordination meetings, quality management, and
project controls. Task 2 includes preparation of
the Preliminary Engineering Report, geotechnical
investigations, surveying, utility research, permitting coordination, and environmental documentation. Task
3 includes development of the final design documents,
plans, specifications, engineer's estimate, permitting
support, and bidding assistance. Task 4 includes
engineering services during construction, including
shop drawing review, responses to RFIs, design
clarifications, site visits, startup assistance, and record drawings.
Fee Summary
Task Description Well #22 Well #23 Well #30 & 31
Task 1 Project Management $5,850 $5,850 $5,850
Task 2 Preliminary Engineering Report $42,835 $36,835 $118,955 (Includes RSSCT)
Task 3 Design Engineering Services $122,480 $118,120 $111,560 Task 4 Design Services During Construction $71,368 $571,368 $571,368 Subtotal $242,533 $232,173 $307 ,739
Grand Total $782,445
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TETRA TECH
PFAS Treatment Systems Design
City of Colton
Project Management
Project Manager $325.00
Technical Advisor $350.00
Sr Project Administrator $150.00
Engineers
Engineering Technician $90.00
Engineer 1 $145.00
Engineer 2 $150.00
Engineer 3 $160.00
Project Engineer 1 $225.00
Project Engineer 2 $260.00
Sr Engineer 1 $240.00
Sr Engineer 2 $280.00
Sr Engineer 3 $320.00
Hourly Charge Rate and Expense
Reimbursement Schedule
Tetra Tech has developed our pricing in accordance with the requirements of the RFP . Our price proposal includes the hours per task, hours per staff member and hourly rates for each staff member. Also included are prices for our subcontractors and other direct costs (ODCs) as requested.
The above rates are good until December 31, 2027 . Subcontractors will be billed at cost plus 12%. Other direct costs (ODS) including postage, FedEx, printing, etc. will be billed at cost plus 10%. If there are any unusual expenses, such as equipment, large printing jobs, or travel outside of California, we will negotiate those expenses with the city.
Design & Technicians
CAD Technician 1 $91.00
CAD Technician 2 $106.00
CAD Technician 3 $128.00
CAD Designer $140.00
Sr CAD Designer 1 $160.00
Sr CAD Designer 2 $185.00
General & Administrative
Project Assistant 1 $80.00
Project Assistant 2 $96.00
Project Administrator $145.00
Graphic Artist $160.00
CAD Director $235.00
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TETRA TECH
PFAS Treatment Systems Design
City of Colton
Price Summary / Totals
Task Pricing Totals 242,533
Bill Rate > 350.00 325.00 260.00 280.00 280.00 240.00 320.00 320.00 280.00 150.00 225.00 160.00 145.00 160.00 150.00 150.00 235.00 185.00 145.00 140.00 Specify Add'l Fees on Setup 0 Technology Use Fee
Proj Area > Management Management Civil Structural Process Mechanica l Electrical/I&C QA/QC QA/QC Administration Mechanical Civil Process Structural Electrical/I&C Electrical/I&C Cad Design CAD Design CAD Design CAD Design 242,533 Submitted to: City of Colton Water Utilities - Attn: Frank Mora Contract Type: T&M
Project Phases / Tasks 985 39 121 78 30 120 24 46 14 12 48 82 112 37 54 68 52 16 16 12 4 0.00% 228,170 13,300 1,063 - - 242,533 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Task 1 - Project Management 22 4 10 - - - - - - - 8 - - - - - - - - - - 5,850 - - - - 5,850 A. Kickoff Meeting 4 1 2 1 1,150 1,150 B. Bi-weekly Meetings 4 1 2 1 1,150 1,150 C. Bi-weekly Updates 4 2 2 950 950 D. QA/QC Plan 5 1 2 2 1,300 1,300 F. Detailed Budget Summary 5 1 2 2 1,300 1,300 Task 2 - Preliminary Engineering Report 125 6 21 14 2 28 - - 2 - 14 10 16 - 2 10 - - - - - 30,335 12,500 - - - 42,835 A. Review Existing City DDW Permit 5 1 2 2 1,560 1,560 B. Review Existing Data & Reports 12 2 2 2 2 2 2 2,800 2,800 C. Prepare Geotechical Report 4 2 2 1,210 8,000 9,210 D. Provide Survey & Mapping 4 2 2 1,170 4,500 5,670 E. Perform Utility Investigation 13 1 2 2 4 4 3,060 3,060 F. Preliminary Design Report 35 1 4 4 8 2 8 8 8,050 8,050 G. Prepare Draft Engineer's Report 19 1 2 4 4 4 4 4,260 4,260 H. Coordination with DDW 9 1 2 4 2 2,420 2,420 I. Prepare CEQA and NEPA Documents 11 1 2 4 4 2,565 2,565 J. Prepare & Support Permit Applications 13 1 2 2 4 4 3,240 3,240 Task 3 - Design Engineering Services 504 22 68 44 16 58 16 32 12 12 20 40 56 32 20 16 16 8 16 - - 121,680 800 - - - 122,480 A. Prepare 30% Design Plans 104 4 14 8 4 12 4 8 2 2 4 8 8 8 4 4 4 2 4 - - 25,120 - - - - 25,120 General (5 sheets) 12 2 2 4 4 2,490 2,490 Civil (4 sheets) 26 2 4 8 4 4 4 6,200 6,200 Structural (4 sheets) 12 2 4 2 4 2,970 2,970 Process (4 sheets) 24 2 2 8 4 2 4 2 5,800 5,800 Electrical (8 sheets) 16 2 4 2 2 2 2 2 4,010 4,010 Instrumentation(4 sheets) 14 2 4 4 2 2 3,650 3,650 B. Prepare 60% Design Plans 104 4 14 8 4 12 4 8 2 2 4 8 8 8 4 4 4 2 4 - - 25,120 800 - - - 25,920 General (5 sheets) 12 2 2 4 4 2,490 800 3,290 Civil (4 sheets) 26 2 4 8 4 4 4 6,200 6,200 Structural (4 sheets) 12 2 4 2 4 2,970 2,970 Process (4 sheets) 24 2 2 8 4 2 4 2 5,800 5,800 Electrical (8 sheets) 16 2 4 2 2 2 2 2 4,010 4,010 Instrumentation(4 sheets) 14 2 4 4 2 2 3,650 3,650 C. Prepare 90% Design Plans 134 6 16 8 4 14 4 8 4 4 6 16 16 8 6 4 4 2 4 - - 31,930 - - - - 31,930 General (13 sheets) 20 2 2 8 8 4,030 4,030 Civil (8 sheets) 34 2 4 8 8 8 4 7,740 7,740 Structural (8 sheets) 12 2 4 2 4 2,970 2,970 Process (9 sheets) 24 2 2 8 4 2 4 2 5,800 5,800 Electrical (10 sheets) 16 2 4 2 2 2 2 2 4,010 4,010 Instrumentation(6 sheets) 14 2 4 4 2 2 3,650 3,650 Draft Specifications & Bid Documents 14 2 2 2 2 2 2 2 3,730 3,730 D. Prepare Final Design Plans 146 6 20 16 4 14 4 8 4 4 6 8 24 8 6 4 4 2 4 - - 34,790 - - - - 34,790 General (13 sheets) 12 2 2 4 4 2,490 2,490 Civil (8 sheets) 26 2 4 8 4 4 4 6,200 6,200 Structural (8 sheets) 12 2 4 2 4 2,970 2,970 Process (9 sheets) 24 2 2 8 4 2 4 2 5,800 5,800 Electrical (10 sheets) 16 2 4 2 2 2 2 2 4,010 4,010 Instrumentation(6 sheets) 14 2 4 4 2 2 3,650 3,650 Final Specifications & Bid Documents 14 2 2 2 2 2 2 2 3,730 3,730 Final DDW Approval 14 2 4 8 2,970 2,970 Final Permits, CEQA and NEPA Plus 14 2 4 8 2,970 2,970 E. Bid Phase Services 16 2 4 4 - 6 - - - - - - - - - - - - - - - 4,720 - - - - 4,720 Respond to Bidder Questions 11 1 2 4 4 3,160 3,160 Review Bids received 5 1 2 2 1,560 1,560 Task 4 - Design Services during Construction 334 7 22 20 12 34 8 14 - - 6 32 40 5 32 42 36 8 - 12 4 70,305 - 1,063 - - 71,368 A. Submittal / Shop Drawings (40) 109 2 8 4 16 4 8 2 8 12 5 8 8 8 8 8 23,805 23,805 B. RFI Response (20) 63 1 2 4 4 4 4 2 2 8 8 8 8 8 12,940 12,940 C. Design Clarifications(8) 59 1 2 4 4 4 2 2 8 8 8 8 8 11,980 11,980 D. Site Visits (4) 14 2 4 4 4 2,930 1,063 3,993 E. Prepare plan revisions (2) 29 1 2 4 4 2 4 4 4 4 6,660 6,660 F. Startup & Testing Assistance 27 1 2 4 4 8 8 5,560 5,560 G. OMMP and Operations Manual 5 1 2 2 1,560 1,560 H. Prepare Record Drawings 28 2 4 8 2 4 4 4 4,870 4,870 Totals 985 39 121 78 30 120 24 46 14 12 48 82 112 37 54 68 52 16 16 12 4 0.00% 228,170 13,300 1,063 - - 242,533 Task Pricing
Totals
Total
Labor Hrs Subs Travel Mat'ls & Equip ODCs
Labor
Rate Esc. Labor
Engineer 2 (James
Roberts)
Engineer 2 (Johnson Le)
CAD Director (Willie
Johnson)
Sr CAD Designer 2 (Russ
Wojtaszek)
Engineer 1 (Various)
CAD Designer (Various)
Sr Engineer 3 (Victor
Ramirez)
Sr Project Administrator
(Deana Escamilla)
Project Engineer 1 (Kyle
Matsumoto)
Engineer 3 (Jodie Yu)
Engineer 1 (Nicholas
Mao)
Engineer 3 (Geoff
Heinen, PE)
Project Engineer 2
(Crisna Raymond)
Sr Engineer 2 (Eric Yuen)
Sr Engineer 2 (Amanda
Taylor)
Sr Engineer 1 (Peter Yu)
Sr Engineer 3 (Mazen
Kassar)
Sr Engineer 3 (Steve
Ellis)
Design of Well#22 PFAS treatment systems, permitting and engineering during construction Total Price Pricing by Resource
Technical Advisor (Steve
Tedesco, PE)
Project Manager (Kara
Buttacovoli)
20 Resource
City of Colton Well #22 PFAS Treatment Design
Price Proposal
Labor Plan
Tetra Tech - Confidential and Proprietary Page 1 of 1 Printed 7/29/2026
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TETRA TECH
PFAS Treatment Systems Design
City of Colton
Price Summary / Totals
Task Pricing Totals 232,173
Bill Rate > 350.00 325.00 260.00 280.00 280.00 240.00 320.00 320.00 280 .00 150.00 225.00 160.00 145.00 160.00 150.00 150.00 235.00 185.00 145.00 140.00 Specify Add'l Fees on Setup 0 Technology Use Fee
Proj Area > Management Management Civil Structural Process Mechanica l Electrical/I&C QA/QC QA/QC Administration Mechanical Ci vil Process Structural Electrical/I&C Electrical/I&C Cad Design CAD Design CAD Design CAD Design 232,173 Submitted to: City of Colton Water Utilities - Frank Mora Contract Type: T&M
Project Phases / Tasks 961 39 121 78 30 120 24 46 14 12 48 74 96 37 54 68 52 16 16 12 4 0.00% 223,810 7,300 1,063 - - 232,173 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Task 1 - Project Management 22 4 10 - - - - - - - 8 - - - - - - - - - - 5,850 - - - - 5,850 A. Kickoff Meeting 4 1 2 1 1,150 1,150 B. Bi-weekly Meetings 4 1 2 1 1,150 1,150 C. Bi-weekly Updates 4 2 2 950 950 D. QA/QC Plan 5 1 2 2 1,300 1,300 F. Detailed Budget Summary 5 1 2 2 1,300 1,300 Task 2 - Preliminary Engineering Report 125 6 21 14 2 28 - - 2 - 14 10 16 - 2 10 - - - - - 30,335 6,500 - - - 36,835 A. Review Existing City DDW Permit 5 1 2 2 1,560 1,560 B. Review Existing Data & Reports 12 2 2 2 2 2 2 2,800 2,800 C. Prepare Geotechical Report 4 2 2 1,210 4,000 5,210 D. Provide Survey & Mapping 4 2 2 1,170 2,500 3,670 E. Perform Utility Investigation 13 1 2 2 4 4 3,060 3,060 F. Preliminary Design Report 35 1 4 4 8 2 8 8 8,050 8,050 G. Prepare Draft Engineer's Report 19 1 2 4 4 4 4 4,260 4,260 H. Coordination with DDW 9 1 2 4 2 2,420 2,420 I. Prepare CEQA and NEPA Documents 11 1 2 4 4 2,565 2,565 J. Prepare & Support Permit Applications 13 1 2 2 4 4 3,240 3,240 Task 3 - Design Engineering Services 480 22 68 44 16 58 16 32 12 12 20 32 40 32 20 16 16 8 16 - - 117,320 800 - - - 118,120 A. Prepare 30% Design Plans 104 4 14 8 4 12 4 8 2 2 4 8 8 8 4 4 4 2 4 - - 25,120 - - - - 25,120 General (5 sheets) 12 2 2 4 4 2,490 2,490 Civil (4 sheets) 26 2 4 8 4 4 4 6,200 6,200 Structural (4 sheets) 12 2 4 2 4 2,970 2,970 Process (4 sheets) 24 2 2 8 4 2 4 2 5,800 5,800 Electrical (8 sheets) 16 2 4 2 2 2 2 2 4,010 4,010 Instrumentation(4 sheets) 14 2 4 4 2 2 3,650 3,650 B. Prepare 60% Design Plans 104 4 14 8 4 12 4 8 2 2 4 8 8 8 4 4 4 2 4 - - 25,120 800 - - - 25,920 General (5 sheets) 12 2 2 4 4 2,490 800 3,290 Civil (4 sheets) 26 2 4 8 4 4 4 6,200 6,200 Structural (4 sheets) 12 2 4 2 4 2,970 2,970 Process (4 sheets) 24 2 2 8 4 2 4 2 5,800 5,800 Electrical (8 sheets) 16 2 4 2 2 2 2 2 4,010 4,010 Instrumentation(4 sheets) 14 2 4 4 2 2 3,650 3,650 C. Prepare 90% Design Plans 118 6 16 8 4 14 4 8 4 4 6 8 8 8 6 4 4 2 4 - - 28,850 - - - - 28,850 General (13 sheets) 12 2 2 4 4 2,490 2,490 Civil (8 sheets) 26 2 4 8 4 4 4 6,200 6,200 Structural (8 sheets) 12 2 4 2 4 2,970 2,970 Process (9 sheets) 24 2 2 8 4 2 4 2 5,800 5,800 Electrical (10 sheets) 16 2 4 2 2 2 2 2 4,010 4,010 Instrumentation(6 sheets) 14 2 4 4 2 2 3,650 3,650 Draft Specifications & Bid Documents 14 2 2 2 2 2 2 2 3,730 3,730 D. Prepare Final Design Plans 138 6 20 16 4 14 4 8 4 4 6 8 16 8 6 4 4 2 4 - - 33,510 - - - - 33,510 General (13 sheets) 12 2 2 4 4 2,490 2,490 Civil (8 sheets) 26 2 4 8 4 4 4 6,200 6,200 Structural (8 sheets) 12 2 4 2 4 2,970 2,970 Process (9 sheets) 24 2 2 8 4 2 4 2 5,800 5,800 Electrical (10 sheets) 16 2 4 2 2 2 2 2 4,010 4,010 Instrumentation(6 sheets) 14 2 4 4 2 2 3,650 3,650 Final Specifications & Bid Documents 14 2 2 2 2 2 2 2 3,730 3,730 Final DDW Approval 10 2 4 4 2,330 2,330 Final Permits, CEQA and NEPA Plus 10 2 4 4 2,330 2,330 E. Bid Phase Services 16 2 4 4 - 6 - - - - - - - - - - - - - - - 4,720 - - - - 4,720 Respond to Bidder Questions 11 1 2 4 4 3,160 3,160 Review Bids received 5 1 2 2 1,560 1,560 Task 4 - Design Services during Construction 334 7 22 20 12 34 8 14 - - 6 32 40 5 32 42 36 8 - 12 4 70,305 - 1,063 - - 71,368 A. Submittal / Shop Drawings (40) 109 2 8 4 16 4 8 2 8 12 5 8 8 8 8 8 23,805 23,805 B. RFI Response (20) 63 1 2 4 4 4 4 2 2 8 8 8 8 8 12,940 12,940 C. Design Clarifications(8) 59 1 2 4 4 4 2 2 8 8 8 8 8 11,980 11,980 D. Site Visits (4) 14 2 4 4 4 2,930 1,063 3,993 E. Prepare plan revisions (2) 29 1 2 4 4 2 4 4 4 4 6,660 6,660 F. Startup & Testing Assistance 27 1 2 4 4 8 8 5,560 5,560 G. OMMP and Operations Manual 5 1 2 2 1,560 1,560 H. Prepare Record Drawings 28 2 4 8 2 4 4 4 4,870 4,870 Totals 961 39 121 78 30 120 24 46 14 12 48 74 96 37 54 68 52 16 16 12 4 0.00% 223,810 7,300 1,063 - - 232,173 Task Pricing
Totals
Total
Labor Hrs Subs Travel Mat'ls & Equip ODCs
Labor
Rate Esc. Labor
Engineer 2 (James
Roberts)
Engineer 2 (Johnson Le)
CAD Director (Willie
Johnson)
Sr CAD Designer 2 (Russ
Wojtaszek)
Engineer 1 (Various)
CAD Designer (Various)
Sr Engineer 3 (Victor
Ramirez)
Sr Project Administrator
(Deana Escamilla)
Project Engineer 1 (Kyle
Matsumoto)
Engineer 3 (Jodie Yu)
Engineer 1 (Nicholas
Mao)
Engineer 3 (Geoff
Heinen, PE)
Project Engineer 2
(Crisna Raymond)
Sr Engineer 2 (Eric Yuen)
Sr Engineer 2 (Amanda
Taylor)
Sr Engineer 1 (Peter Yu)
Sr Engineer 3 (Mazen
Kassar)
Sr Engineer 3 (Steve
Ellis)
Design of Well#23 PFAS treatment systems, permitting and engineering during construction Total Price Pricing by Resource
Technical Advisor (Steve
Tedesco, PE)
Project Manager (Kara
Buttacovoli)
20 Resource
City of Colton Well #23 PFAS Treatment Design
Price Proposal
Labor Plan
Tetra Tech - Confidential and Proprietary Page 1 of 1 Printed 7/29/2026