Agenda packet — Fontana City Council, April 12, 2022 (part 1 of 2)

Tuesday, April 12, 2022
7:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Regular Agenda
Ord. No. 1892 Reso. No 2022-019
CLOSED SESSION - 6:00 P.M.

REGULAR MEETING - 7:00 P.M.

Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia- Mayor Pro Tem
Phillip W. Cothran - Council Member
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Germaine McClellan Key - City Clerk
Janet Koehler-Brooks - City Treasurer
1 City Council Meeting Regular Agenda April 12, 2022
Welcome to a meeting of the Fontana City Council.

Welcome to a meeting of the Fontana City Council. A complete agenda packet is located in the binder on the table in the lobby of the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335. To address the Council, please fill out a card located at the entrance to the right indicating your desire to speak on either a specific agenda item or under Public Communications and give it to the City Clerk. Your name will be called when it is your turn to speak. In compliance with Americans with Disabilities Act of 1990 (42 USC § 12132), the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335 is wheelchair accessible, and a portable microphone is available. Upon request, this agenda will be made available in appropriate alternative forms to persons with disabilities, as required by Section 12132 of the Americans with Disabilities Act of 1990. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such a request to the City Clerk ’s Office at ( 909) 350-7602 at least 48 hours before the meeting, if possible. Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection in the Grover W. Taylor Council Chambers 8353 Sierra Avenue Fontana, CA 92335.

Traduccion en Espa ñol disponible a peticion. Favor de notificar al Departamento "City Clerk".

Para mayor informacion, favor de marcar el numero (909) 350-7602.

PUBLIC COMMUNICATION - CLOSED SESSION:

This is an opportunity for citizens to speak to the City Council for up to 3 minutes on the following Closed Session. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council.

A. Public Communications - Closed Session
CLOSED SESSION:

A. 6:00 P.M. CLOSED SESSION

CONFERENCE WITH LEGAL COUNSEL-EXISTING

LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Sierra Club v. City of Fontana, et al.

San Bernardino Superior Court Case No. CIVSB2121605;
and People of the State of California v. City of Fontana, et al.
21-1302

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2 City Council Meeting Regular Agenda April 12, 2022
San Bernardino Superior Court Case No. CIVSB2121829
CALL TO ORDER/ROLL CALL:

A. 7:00 P.M. Call To Order/Roll Call:

INVOCATION/PLEDGE OF ALLEGIANCE:

A. Fontana Police Department Chaplain Deylyne McCampbell / Pledge of Allegiance:

SPECIAL PRESENTATIONS:

A. 1. Mayor Warren and City Council to swear in new Fontana Police Officers Toni Lozano and Travis Marshall and Reserve Officers Stephen DuMontier and Troy Pennington (Chief Green to present).

2. Mayor Warren and City Council to recognize Senior
Accountant Genivive Schwarzkopf as Management Services
Department Employee of the Year (Chief Financial Officer Jessica Brown to present).
21-1295
PUBLIC COMMUNICATIONS:

This is an opportunity for members of the public to address the City Council for up to three ( 3) minutes total on items either on the Agenda or items not on the Agenda, but within the City Council's jurisdiction. Note that Public Hearing items have individual and specific public input opportunities during the public hearing and testimony on those items will only be taken during the public hearing. The Council is prohibited by law from discussing or taking immediate action on non-agendized items. The Mayor and City Council reserve the right to adjust this time limit based on the number of speakers who wish to address the Mayor and City Council .

A. Public Communications
CONSENT CALENDAR:

All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below. There will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a specific item be removed from the Consent Calendar for discussion.

A. Approval of Minutes 21-1283
Approve the minutes of the March 8, 2022, and March 22, 2022, Regular City Council Meetings.

Regular City Council Meeting Minutes - 03.08.22
Regular City Council Meeting Minutes - 03.22.22
Attachments:

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3 City Council Meeting Regular Agenda April 12, 2022
B. Adoption of Ordinance No. 1891 21-1278
Second Reading/Adopt Ordinance No.1891, an Ordinance of the City Council of the City of Fontana, approving Municipal Code Amendment (MCA) No. 21-001R1 for an amendment to Chapter 9 of the Municipal Code to modify Article V to revise sustainability standards for industrial commerce centers throughout the city.

Ordinance No. 1891Attachments:

C. Adopt the Updated Salary Range for the Classification of Accounting Manager
21-1310
Adopt Resolution No. 2022-____, a resolution of the City Council of the City of Fontana adopting the updated salary range for the classification of Accounting Manager and updated salary table for the Management Confidential Group.

Resolution 04/12/22 Accounting Manager
Management Confidential Salary Table 04/12/22
Attachments:

D. Accept perimeter CFD Landscape improvements for Duncan Canyon Road and Cypress Avenue for Tract No. 19961 & Tract No. 19962 & Tract 19962-1 within the Arboretum Specific Plan 21-1288
Accept perimeter CFD Landscaping improvements for Duncan Canyon Road and Cypress Avenue for Tract No. 19961 & Tract No. 19962 & Tract No. 19962-1 within the Arboretum Specific Plan and Release related Faithful Performance Bonds
Arboretum Meadows Village Perimeter LandscapeAttachments:

E. Adopt Resolution and Authorize the Deputy City Manager to Award Contract to Masterseal Corp. of San Clemente
California, for Emergency Pool Deck Repair Work at the
Village of Heritage Pool Facility
21-1292

1. Adopt Resolution No 2022-_____, a resolution of the City Council of the City of Fontana recognizing that certain conditions exist on the pool deck at the Village of Heritage Pool Facility requiring emergency repair work. This resolution is made in accordance with Fontana City Code Sec.10-147(6).

2. Authorize the Deputy City Manager, or his designee, to execute a contract with Masterseal Corp. in the amount of $219,500 with a 10% contingency in the amount of $21,950 for the performance of emergency pool deck repair work at the Village of Heritage Pool Facility.

VOH Pool Emergency Resolution
2022 - Bid Proposal - Heritage Pool Deck - 2-20-22
Attachments:

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4 City Council Meeting Regular Agenda April 12, 2022
F. Approve a Construction and Maintenance Agreement with Southern California Regional Rail Authority (SCRRA) for the construction of the Citrus Avenue at Ceres Avenue Traffic Signal Project
21-1280

1. Approve and authorize City Manager to execute a Construction and Maintenance Agreement, with Southern California Regional Rail Authority in the amount of $ 250,000.00, for the construction of the Citrus Avenue at Ceres Avenue Traffic Signal Project (PN 3355).

2. Approve and authorize the City Manager to execute any future amendments to the Construction and Maintenance Agreement.

Citrus-Ceres Vicinity Map
Const. & Maint. Agreement
Attachments:

G. Approve a License Agreement with San Bernardino County Transportation Authority (SBCTA) for the Construction of the Citrus Avenue at Ceres Avenue Traffic Signal Project
21-1285

1. Approve and authorize City Manager to execute a License Agreement with the San Bernardino County Transportation Authority (SBCTA) for the construction of the Citrus Avenue at Ceres Avenue Traffic Signal Project (PN 3355).

2. Approve and authorize the City Manager to execute any future amendments to the License Agreement.

Citrus-Ceres Vicinity Map
SBCTA License Agreement
Attachments:

H. Approve the San Bernardino County Municipal Separate Storm Sewer System - Common Interest, Joint Defense, and
Confidentiality Agreement Among Permittees (CITY)
21-1289
Approve the National Pollutant Discharge Elimination System (NPDES) Stormwater Permit Implementation Agreement, entitled “Common Interest, Joint Defense, and Confidentiality Agreement Among Permittees” and Authorize the City Manager to execute the agreement on behalf of the City of Fontana as a Co-permittee.

Common Interest Agreement County District Co-PermitteesAttachments:

I. Authorization of the Recruitment and Retention Incentive Program
21-1286
Authorize City staff to implement a Recruitment and Retention Incentive Program for full-time and part-time hires and employment and amend the American Rescue Plan Act (ARPA) Expenditure Plan.

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5 City Council Meeting Regular Agenda April 12, 2022
Revised ARPA Exp Plan 03312022Attachments:

J. Authorization to Share Data with California Franchise Tax Board
21-1275
Adopt Resolution No. 2022-______ of the City Council of the City of Fontana authorizing the City Manager to execute an agreement between the City of Fontana and the State of California Franchise Tax Board in the Local Government Sharing Program.

FTB Agreement Resolution March 2022Attachments:

K. Award Bid and Contract for Household Hazardous Waste Management Services
21-1281
Approve, award bid (SP-41-PW-22) and authorize the City Manager to enter into a two-year contract with Clean Harbors Environmental Services, Inc. for Household Hazardous Waste Management Services with three (3) one-year extensions at the sole discretion of the City.

RFP Scoring Matrix - SP-41-PW-22
Bid Recap Letter SP-41-PW-22
Attachments:

L. Award Contract (SP- 49-DS-21) for the Local Early Action Planning (LEAP) Grant Administration
21-1251
Award bid (SP-49-DS-21)and authorize the City Manager to enter into a contract with Kimley Horn in the amount of $469,375 to facilitate the administration of the LEAP Grant Program.

Attachment No. 2 - Bidder Scoring Sheet
Attachment No. 1 - Bidder Detail Report
Attachments:

M. Award Bid SB- 56-PW-22 for the Walnut Village Iron Fencing Removal and Installation Project
21-1297
Award bid and authorize the City Manager to execute a contract with J & A Engineering Corp. for the Walnut Village Iron Fencing and Installation Project in the amount of $449,526 with a 10% contingency in the amount of $44,952.

Location Map
Bid Summary
Bid Recap Letter
Project Report Summary
Attachments:

N. Declaring Surplus Land - Arrow Blvd. & Citrus Avenue Property
21-1306

1. Approve Resolution No. 2022-____ declaring that two City-owned vacant

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6 City Council Meeting Regular Agenda April 12, 2022
lots on the SWC of Arrow Blvd. and Citrus Avenue (Assessor ’s Parcel Numbers 0232-201-12 and 0232-201-13) are “Surplus Land” pursuant to the Surplus Land Act, Government Code Section 54220 Et Seq.; and approving the form of Notice of Availability.

2. Authorize the City Manager and /or his designee( s) to take all actions necessary or appropriate to comply with the Surplus Land Act.

Resolution Declaring Rosemead Properties Parcels as Surplus Property
SLA Notice of Availability (Arrow Blvd. Property)
Attachments:

O. Purchase One (1) AS-350 B-2 Aircraft (Helicopter) 21-1305

1. Authorize the Police Department to utilize Article V. PURCHASING Sec . 10-152. - Exceptions from bid procedures of the Fontana City Code to acquisition a helicopter along with additional safety and support equipment to be assigned to the air support unit.

2. Authorized the Police Chief or his designee to negotiate the purchase for the best value for the city.

3. Approve appropriation and allocate the amount of $ 3,000,000 from Fund 302 as part of the “American Rescue Plan Act” (ARPA Funds) and authorize the City Manager or his designee to execute all related contract documents.

P. Resolution Adopting the District Voter Map for the City of Fontana
21-1311
Adopt Resolution No. 2022-_____, A Resolution of the City Council of the City of Fontana, California, Adopting District Map for a By-District Electoral System and Certain Related Matters.

Resolution for Map Adoption w-map.2Attachments:

Q. Resolution of Intent to form Community Facilities District No . 109 (Narra Hills)
21-1313

1. Adopt Resolution No. 2022-____, of the City Council of the City of Fontana of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes.

2. Adopt Resolution No. 2022-____, of the City Council of the City of Fontana to Incur Bonded Indebtedness of the Proposed City of Fontana Community Facilities District No. 109 (Narra Hills).

Resolution of Intent
Resolution to Incur Bonded Indebtedness
Boundary Map
Attachments:

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7 City Council Meeting Regular Agenda April 12, 2022
R. Adopt a Resolution Opposing SB 871 a School Vaccine
Requirement Bill
21-1325
Adopt Resolution No, 2022- _____, of the City Council of the City of Fontana Opposing SB 871 a School Vaccine Requirement Bill.

SB 871 ResolutionAttachments:

Approve Consent Calendar Items as recommended by staff.

PUBLIC HEARINGS:

To speak on Public Hearing Items, submit comments via e-mail at [email protected]. In the subject of your e-mail please indicate whether you are in favor or opposition of the item. Comments must be received no later than 5:00 P.M. on the day of the meeting. Comments of no more than three ( 3) minutes will be read into the record at the appropriate time during the meeting. If you challenge in court any action taken concerning a Public Hearing item, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City at, or prior to, the Public Hearing.

All Public Hearings will be conducted following this format:
(a) hearing opened (e) oral - favor
(b) written communication (f) oral - opposition
(c) council/staff comments (g) hearing closed
(d) applicant comments (applicant not limited to 5 minutes) A. Adoption of a Resolution of the City Council of the City of Fontana Abandoning Undeveloped City-Owned Parkland
Pursuant to the Municipal Park Abandonment Law of 1939
(Government Code sections 38501 et. seq.); and
Determining that the Abandonment of the Parkland is
Exempt from CEQA
21-1309

1. Conduct the public hearing; and

2. Adopt Resolution No. 2022 - ____ of the City Council of the City of Fontana Abandoning Undeveloped City-Owned Parkland Pursuant to the Municipal Park Abandonment Law of 1939; and Determining that the Abandonment of the Parkland is Exempt from CEQA.

Fontana -Abandoning Park Land ResolutionAttachments:

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications

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8 City Council Meeting Regular Agenda April 12, 2022
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
ADJOURNMENT:

A. Adjournment
To the next Regular City Council Meeting on Tuesday, April 26, 2022 at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.

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9 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1302 Agenda Date: 4/12/2022
Agenda #: Category: Closed Session
Closed Session
Tuesday, April 12, 2022
6:00 P.M.

City Hall - Executive Conference Room
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Printed on 4/5/2022Page 1 of 1
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10 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1295 Agenda Date: 4/12/2022
Agenda #: A. Category: Special Presentation
Special Presentations
Tuesday, April 12, 2022
Council Chambers
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesse “Jesus” Sandoval, Council Member
Phillip W. Cothran, Council Member
City of Fontana Printed on 4/5/2022Page 1 of 1
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11 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1283 Agenda Date: 4/12/2022
Agenda #: A. Category: Consent Calendar
FROM:

City Clerk
SUBJECT:

Approval of Minutes
RECOMMENDATION:

Approve the minutes of the March 8, 2022, and March 22, 2022, Regular City Council Meetings.

COUNCIL GOALS:
· To create a team by working together to provide stability and consistent policy direction. · To create a team by communicating Goals and Objectives to all sectors of the community.

DISCUSSION:

The City Council will consider approval of the minutes of the March 8, 2022 and March 22, 2022, Regular City Council meetings. The draft minutes are attached to this report for Council review and approval.

FISCAL IMPACT:

None
MOTION:

Approve staff recommendation
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12 Tuesday, March 8, 2022
7:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Grover W. Taylor Council Chambers
City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia- Mayor Pro Tem
Phillip W. Cothran - Council Member
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Vacant - City Clerk
Janet Koehler-Brooks - City Treasurer
Minutes

Page 1 of 1 ends

13 WORKSHOP:

A. 5:00 P.M. City Council Workshop

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14 City Council Meeting Minutes March 08, 2022
The Workshop of the Fontana City Council was held on Tuesday, March 8, 2022, in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335. Mayor Warren called the meeting to order at 5:01 p.m. with all members of the City Council present. City Treasurer Janet Koehler-Brooks was also in attendance.

The Regular City Council meeting agenda was reviewed.

Council Member Cothran requested that Consent Calendar Item 'F' be removed for questions of staff.

City Manager comments were heard and received. Interim City Manager Yauchzee commented on upcoming deadline for applications for appointment to fill the unscheduled vacancy of the Elected City Clerk.

Public Communications were received following presentation, as the item before the Council was a Public Hearing.

National Demographic Corporation (NDC), Todd Tatum, presented the fourth of the four required public hearings on the Redistricting process for Fontana, identifying the eight total received draft maps provided by both NDC, as the City's consultant, and the public.

The following individuals spoke in support of draft map 401:

1. Manuel Rendon

2. Pastor Samuel Casey

3. Janet Bernabe

4. Ana Gonzalez

5. Elizabeth Sena

6. Ben

7. Kareem Gongora

8. Yasmin Ramirez

9. Lupe Camacho

10. Mary Sandoval

11. Amparo Munoz Miramontes

12. Joaquin Castellejos

13. Gaby Mendez
Additionally, the City Clerk’s Office received 44 written correspondences in support of draft Map 401 and 2 written correspondences in support of draft Map 601.

Immediately after public comment, City Attorney Ruben Duran and Deputy City Clerk Ashton Arocho, provided clarification around some of the comments received.

Following the presentation and public comment, Mayor Warren requested an amendment to be made by NDC for draft map 104, to re-draw the boarder line of District 3 and District 4 between Juniper and Cypress Ave.

By a vote of 4-1, Sandoval voting no, draft maps 103, 104 and 402 were directed for staff

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15 City Council Meeting Minutes March 08, 2022
to bring back for Council's final consideration at the March 22, 2022, Council meeting.

The workshop adjourned at 6:12 p.m.

CLOSED SESSION:

A. 6:00 P.M. CLOSED SESSION
A Closed Session was held in the Executive Conference Room at 6:12 p.m. located at 8353 Sierra Avenue, Fontana, California, with all members of the City Council present.

PUBLIC COMMUNICATION - CLOSED SESSION:

A. Public Communications - Closed Session

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16 City Council Meeting Minutes March 08, 2022
There was no public communications received on the following closed session items:

PUBLIC EMPLOYEE APPOINTMENT
(Government Code section 54957(b)(1))
Title: City Manager

CONFERENCE WITH LABOR NEGOTIATORS PURSUANT
TO GOVERNMENT CODE SECTION 54957.6
City Negotiator: Ruben Duran, City Attorney
Unrepresented Employee: City Manager

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8)
Property: APN 019116305, APN 019116324, APN 019116316,
APN 019116317 & APN 019116326
City Negotiator: Shannon Yauchzee, Interim City Manager Negotiating Parties: Bank of America
Under Negotiation: Price and terms of payment

CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
City Negotiator: Shannon Yauchzee, Interim City Manager and Rakesha Thomas, Director of Human Resources and Risk Management
Employee Organization(s): Teamsters Local 1932 City Hall Unit; Teamsters Local 1932 Yard Unit; Police Officers’ Association; Police Management Association; Police Benefit Association; Management/Confidential
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)
Case: Timothy Frydendall vs. City of Fontana Workers’ Compensation Claim Number: 210200060
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)
Case: Lucien Leyes, et. al v. City of Fontana
Claim Number: 2020-066 (a-C)
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of
Section 54956.9)
Name of case: Sierra Club v. City of Fontana, et al. San Bernardino Superior Court Case No. CIVSB2121605;
and People of the State of California v. City of Fontana, et al. San Bernardino Superior Court
Case No. CIVSB2121829
CALL TO ORDER/ROLL CALL:

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17 City Council Meeting Minutes March 08, 2022
A. 7:00 P.M. Call To Order/Roll Call:

The Regular meeting of the Fontana City Council was held in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, California 92335, on Tuesday, March 8, 2022.

Mayor Warren called the meeting to order at 7:06 p.m.

ROLL CALL:

Present: Mayor Warren, Mayor Pro Tem Garcia, Council Members Cothran, Roberts, and Sandoval

Absent: None
INVOCATION/PLEDGE OF ALLEGIANCE:

A. Fontana Police Department Chaplain Victor Nolen / Pledge of Allegiance:

Following the invocation led by Fontana Police Department Chaplain Victor Nolen, the pledge of allegiance was led by Mayor Pro Tem Garcia.

CLOSED SESSION ANNOUNCEMENT
City Attorney Ruben Duran reported that there was no reportable action on five of the seven Closed Session items presented to City Council. The Closed Session items listed below had the following reportable action:

PUBLIC EMPLOYEE APPOINTMENT
(Government Code section 54957(b)(1))
Title: City Manager

CONFERENCE WITH LABOR NEGOTIATORS PURSUANT
TO GOVERNMENT CODE SECTION 54957.6
City Negotiator: Ruben Duran, City Attorney
Unrepresented Employee: City Manager
ACTION: Passed by an unanimous vote of 5-0 to appoint Matt Ballantyne as City Manager. (AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None) Mayor Warren requested that New Business Item 'A' taken out of order on the agenda.

The following item was taken out of order:

NEW BUSINESS:

A. New Business
A. Orally Report Compensation and Approve City Manager
Employment Agreement
21-1246
Orally Report a Summary of Compensation and Approve Employment Agreement Appointing City Manager, effective April 18, 2022, and Setting Compensation and Other Terms of Employment.

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18 City Council Meeting Minutes March 08, 2022
City Attorney Duran presented the staff report.

ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts, and passed unanimously by a vote of 5-0 to adopt New Business Item 'A'. The motion carried by the following vote:

AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None Mayor Warren and the City Council formally welcomed and introduced incoming City Manager Matt Ballantyne and thanked Interim City Manager Shannon Yauchzee for his dedication in his interim role.

PROCLAMATION:

A. Proclamation
21-1220
A. Mayor Warren and City Council to proclaim March 10, 2022 as Arbor Day (Public Works Manager, Dan West to accept).

Mayor Warren and City Council proclaimed March 10, 2022, as Arbor Day, presenting a proclamation to Public Works Manager Dan West.

SPECIAL PRESENTATIONS:

A. Special Presentations
21-1236
A. Mayor Warren and City Council to recognize Management Services Department for the receipt of the California Society of Municipal Finance Officers (CSMFO) Operating Budget Meritorious and the Capital Budget Excellence Award and the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award. (Interim Deputy City Manager Ray Ebert to present).

Mayor Warren and City Council recognized Management Services Department for their recent awards.

PUBLIC COMMUNICATIONS:

A. Public Communications
The following individual spoke under public communications:

1. Deborah Hall Lindsey spoke on past community events.

CONSENT CALENDAR:

Council Member Cothran requested that Item 'F' be pulled for questions to staff.

Interim City Manager Yauchzee and Chief Financial Officer Jessica Brown provided a quick overview on Consent Calendar Item 'F' and answered questions of the City Council.

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19 City Council Meeting Minutes March 08, 2022
ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts, and passed unanimously by a vote of 5-0 to adopt this Consent Calendar Items "A-F", with Mayor Pro Tem Garcia abstaining from Consent Calendar Item 'B' due to his residence being within close proximity to the project.

The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: Item B - Garcia
A. Approval of Minutes 21-1237
Approve the minutes of the February 22, 2022, Regular City Council Meeting.

B. Approval of Final Map for Tract No. 20362 within the Arboretum Specific Plan
21-1179
Approve the Final Map for Tract No. 20362 located north of Casa Grande Avenue, west of Sierra Avenue, south of Duncan Canyon Road, and east of Cypress Avenue within the Arboretum Specific Plan; accept as public dedicated streets and easements; and authorize the City Manager to enter into a Subdivision Agreement with the subdivider.

C. Approve replacement of securities for Tract No. 20018. 21-1182 Approve replacement of securities for infrastructure improvements of Tract No. 20018 and authorize the City Manager to enter into a Subdivision Agreement with D.R. Horton Los Angeles Holding Company, Inc. for construction of infrastructure improvements.

D. Resolution Ratifying the 2021-2024 Memorandum of
Understanding for the Teamsters Local 1932, City Hall Bargaining Unit
21-1193
Adopt Resolution No. 2022-014, a resolution of the City Council of the City of Fontana ratifying the Memorandum of Understanding between the City of Fontana and the Teamsters Local 1932, City Hall Bargaining Unit.

E. Resolution Ratifying the 2020-2024 Memorandum of
Understanding for the Teamsters Local 1932, Public Works Bargaining Unit
21-1194
Adopt Resolution No. 2022-015, a resolution of the City Council of the City of Fontana ratifying the Memorandum of Understanding between the City of Fontana and the Teamsters Local 1932, Public Works Bargaining Unit F. American Rescue Plan Act Recommended Expenditure Plan 21-1233 Approve the American Rescue Plan Act Recommended Expenditure Plan in the amount of $50,257,113 and associated budget adjustments.

NEW BUSINESS (CONTINUED):

B. Miscellaneous Project No. 22 - 001- Review of 2021 General Plan Annual Progress Report
21-1213
Direct staff to submit the 2021 General Plan Annual Progress Report to the Governor's Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD).

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20 City Council Meeting Minutes March 08, 2022
ACTION: Motion was made by Council Member Roberts, seconded by Council Member Cothran, and passed unanimously by a vote of 5-0 to approve New Business Item 'B'. The motion carried by the following vote:

AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None
CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
Interim City Manager Yauchzee spoke on upcoming community events.

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports
City Treasurer Koehler-Brooks recognized Management Services on their recent awards.

Council Member Sandoval spoke on recent community events; congratulated Fontana High School for their recent CIF Title for Basketball; and welcomed newly appointed City Manager Matt Ballantyne.

Council Member Roberts thanked everyone for their prayers and well wishes in his recovery from a recent surgery.

Council Member Cothran spoke on recent community events; wished his son a Happy First Birthday; and discussed an upcoming ride-along with the COAST Team.

Council Member Garcia welcomed Councilmen Roberts back; thanked Interim City Manager Shannon Yauchzee for all his time and dedication to the organization and community within his interim appointment; and closed with welcoming newly appointed City Manager Matt Ballantyne.

Mayor Warren recognized International Women's Day; commented on the pandemic effects of children and families; discussed inclusion and diversity; spoke on recent community events; and outlined upcoming Job Fair for the Community Services Department.

ADJOURNMENT:

A. Adjournment

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21 City Council Meeting Minutes March 08, 2022
Mayor Warren adjourned the meeting at 8:07 p.m. in memory of Former Upland City Councilmember Tom Thomas and held a moment of silence for those in Ukraine .

The next Regular City Council Meeting on March 22, 2022, at 7:00 p.m. in the Grover W.

Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California. __________________________________
Ashton R. Arocho, MMC
Deputy City Clerk

THE FOREGOING MINUTES WERE APPROVED AND ADOPTED BY THE CITY COUNCIL ON THE 12TH DAY OF APRIL 2022.
__________________________________
City Clerk

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22 Tuesday, March 22, 2022
7:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
JOINT WORKSHOP - 5:00 P.M.

CLOSED SESSION - 6:00 P.M.

REGULAR MEETING - 7:00 P.M.

Grover W. Taylor Council ChambersCity Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia- Mayor Pro Tem
Phillip W. Cothran - Council Member
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Germaine McClellan Key - City Clerk
Janet Koehler-Brooks - City Treasurer
Minutes

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23 WORKSHOP:

A. 5:00 P.M. Joint City Council and Planning Commission Workshop The Workshop of the Fontana City Council was held on Tuesday, March 22, 2022, in the Grover W. Taylor Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335. Mayor Warren called the meeting to order at 5:15 p.m. with all members of the City Council present. City Treasurer Janet Koehler-Brooks was also in attendance.

City Attorney Ruben Duran commented that this workshop was originally noted as a Joint Workshop with the City Council and Planning Commission. However, due to lack of quorum of the Planning Commission, the Workshop agenda items will be presented to the City Council only and will not move forward as a Joint meeting.

Planning Commissioner Ralph Thrasher was in attendance in the audience.

The Regular City Council meeting agenda was reviewed.

Interim City Manager Shannon Yauchzee announced upcoming community events under City Manager comments.

No public communications were received.

City staff requested that the two agenda items be heard out of order, to allot time for the applicant to arrive for the Caprock Signage item.

The following items were heard out of order:

B. Westgate Specific Plan
Principal Planner DiTanyon Johnson introduced Doug Ford and Jeff Pierson with Unitex Management Corporation to provide the presentation and answered questions of the City Council concerns of open space and landscape maintenance.

A. Caprock Signage
Principal Planner Johnson provided the presentation and answered questions of the City Council concerning retaining and screening walls of the project from the public view.

Additionally, staff asked Council to provide preference on which option they preferred.

There was a unanimous consent on 'Option 1'.

Planning Commission Thrasher also noted for the record as public comment that he also preferred 'Option 1'.

The Workshop adjourned at 5:58 p.m.
(A) Caprock Signage (Principal Planner DiTanyon Johnson, to present);
(B) Westgate Specific Plan (Principal Planner DiTanyon
Johnson, to present);
(C) Public Communications;
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24 City Council Meeting Minutes March 22, 2022
(D) Agenda Review; and
(E) City Manager Comments
CLOSED SESSION:

A. 6:00 P.M. CLOSED SESSION
A Closed Session was held in the Executive Conference Room at 6:00 p.m. located at 8353 Sierra Avenue, Fontana, California, with all members of the City Council present.

Meeting went into Recess
Meeting Reconvened
PUBLIC COMMUNICATION - CLOSED SESSION:

A. Public Communications - Closed Session
There were no public communications received on the following closed session items:

CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
City Negotiator: Shannon Yauchzee, Interim City Manager and Rakesha Thomas, Director of Human Resources and Risk Management
Employee Organization(s): Police Officers’ Association; Police Management Association; Police Benefit Association; Management/Confidential

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED

LITIGATION
Pursuant to Gov. Code section 54956.9(d)(2)
Significant exposure to litigation: One Potential Case

CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8:

Property: APN #023220113 & APN #023220112
Negotiating Party: Shannon Yauchzee, Interim City Manager Under Negotiation: Price and Terms of Payment
CALL TO ORDER/ROLL CALL:

A. 7:00 P.M. Call To Order/Roll Call:

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25 City Council Meeting Minutes March 22, 2022
The Regular meeting of the Fontana City Council was held in the Grover W.Taylor Council Chambers, 8353 Sierra Avenue, Fontana, California on Tuesday, March 22, 2022. Mayor Warren called the meeting to order at 7:15 p.m.

ROLL CALL:

Present: Mayor Warren, Mayor Pro Tem Garcia, Council Members Cothran, Roberts, and Sandoval

Absent: None
INVOCATION/PLEDGE OF ALLEGIANCE:

A. Fontana Police Department Valerie Torres / Pledge of Allegiance Following the invocation led by Fontana Police Department Chaplain Valerie Torres, the pledge of allegiance was led by Council Member Cothran.

CLOSED SESSION ANNOUNCEMENT
City Attorney Duran reported that the City Council met in Closed Session on the items listed on the agenda and took no reportable action.

Additionally, the following item listed on the agenda was not heard by the Council:

CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
City Negotiator: Shannon Yauchzee, Interim City Manager and Rakesha Thomas, Director of Human Resources and Risk Management
Employee Organization(s): Police Officers’ Association; Police Management Association; Police Benefit Association; Management/Confidential
PROCLAMATION:

A. A. Mayor Warren and City Council to proclaim March 29, 2022, as Vietnam War Veterans Day.
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A. Mayor Warren and City Council to proclaim March 29, 2022, as Vietnam War Veterans Day.

Mayor Warren requested that any Veteran's in the audience to stand for applause as a gesture of thanks for serving the country.

Additionally, Mayor Warren and Members of the City Council proclaimed March 29, 2022, as Vietnam War Veterans Day.

SPECIAL PRESENTATIONS:

A. 1. Mayor Warren and City Council to recognize Officer Mike Hall and Community Policing Technicians Jacqueline Ayala and Heather Howard as the Police Department’s February 2022 Employees of the Month (Captain Burton to present).
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26 City Council Meeting Minutes March 22, 2022

2. Fontana Police Chief Green to introduce the Fontana Police Department Chief’s Roundtable to Mayor Warren and City
Council Members (Chief Green to present).

3. Mayor Warren and City Council to swear in new Fontana Fire Fighters David Arnold, Matthew Neal, Eric Gass, Jonathan Turcios, Gabriel Gonzales, and Ben Andres (Chief Birchfield to present).

1. Mayor Warren and City Council to recognize Officer Mike Hall and Community Policing Technicians Jacqueline Ayala and Heather Howard as the Police Department’s February 2022 Employees of the Month (Captain Burton to present).

Mayor Warren and Members of the City Council recognized and congratulated Officer Hall and Community Policing Technicians Ayala and Howard as the Police Department's February 2022 Employees of the Month.

2. Fontana Police Chief Green to introduce the Fontana Police Department Chief’s Roundtable to Mayor Warren and City Council Members (Chief Green to present).

Police Chief Green briefly introduced the Fontana Police Department Chief's Roundtable and members of the Roundtable were in attendance to meet the Council and community.

3. Mayor Warren and City Council to swear in new Fontana Fire Fighters David Arnold, Matthew Neal, Eric Gass, Jonathan Turcios, Gabriel Gonzales, and Ben Andres (Chief Birchfield to present).

Mayor Warren swore in new Fontana Fire Fighters alongside their loved ones.

Additionally, the entire City Council congratulated each newly sworn-in Fire Fighter, thanking them for their commitment to the community and public safety.

PUBLIC COMMUNICATIONS:

A. Public Communications

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27 City Council Meeting Minutes March 22, 2022
Prior to taking public communications, Mayor Warren asked for clarification from City Attorney Duran on how public communications will be taken for the redistricting item.

City Attorney Duran noted for the record and to clarify with the members of the City Council and public that the redistricting item on tonight's agenda is not a Public Hearing and public communications for the item will be taken at this time.

The following individuals spoke under public communications:

1. Lauren Gomez requested that the City Council consider writing a letter of opposition to SB 871, SB 866 and AB 1993.

2. Greg Abdouch requested that the City Council consider writing a letter of opposition to SB 871, SB 866 and AB 1993.

3. Timothy Johnson requested that the City Council consider writing a letter of opposition to SB 871, SB 866 and AB 1993.

4. Ben spoke in opposition of the redistricting draft maps being considered by the Council.

5. Nancy McNicholas spoke in opposition of the redistricting draft maps being considered by the Council.

6. Elizabeth Sena spoke in opposition of the redistricting draft maps being considered by the Council.

7. Janet Bernabe spoke in opposition of the redistricting draft maps being considered by the Council.

8. Ana Gonzalez spoke in opposition of the redistricting draft maps being considered by the Council.

9. Jennifer Cardenas spoke in opposition of the redistricting draft maps being considered by the Council.

10. Chad Gaskin requested to file a complaint against a received citation from the code compliance department.

11. Cris Smith spoke in opposition of the redistricting draft maps being considered by the Council.

12. Amparo Munoz spoke in opposition of the redistricting draft maps being considered by the Council.

13. Christian Shayhnssy spoke in opposition of the redistricting draft maps being considered by the Council.

14. Jasmine Cunningham spoke in opposition of the redistricting draft maps being

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28 City Council Meeting Minutes March 22, 2022
considered by the Council.

15. Lilia Ulloa, requested Spanish Translation. Administrative Assistant Susana Gallardo provided translation services. Ms. Ulloa spoke in opposition of the redistricting draft maps being considered by the Council.

16. Gabriela Mendez spoke in opposition of the redistricting draft maps being considered by the Council.

17. James Lee spoke in opposition of the redistricting draft maps being considered by the Council.

18. Krisha Grace Vallejos spoke in opposition of the redistricting draft maps being considered by the Council.

19. Maribel Nunez spoke in opposition of the redistricting draft maps being considered by the Council.

20. Christine McGuire spoke in opposition of the redistricting draft maps being considered by the Council.

21. Stacey Ramos spoke in opposition of the redistricting draft maps being considered by the Council.

22. Elisa Rodriguez spoke in opposition of the redistricting draft maps being considered by the Council.

Mayor Warren called a recess at 8:49 p.m.

Mayor Warren reconvened the meeting at 8:50 p.m.

CONSENT CALENDAR:

ACTION: Motion was made by Council Member Roberts, seconded by Mayor Pro Tem Garcia, and passed unanimously by a vote of 5-0 to adopt Consent Calendar Items "B-E", with the removal of Consent Calendar Item 'A' to be brought back at a future meeting. The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None
Warren, Garcia, Roberts, Sandoval, and CothranAye:

A. Approval of Minutes 21-1263
Approve the minutes of the March 8, 2022, Regular City Council Meeting.

B. Accept Donation from Fontana Foundation of Hope 21-1249 Accept donation from Fontana Foundation of Hope in the amount of $ 2,000 for use towards the 2022 Fontana Summer Concert Series.

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29 City Council Meeting Minutes March 22, 2022
C. Adopt Resolutions Approving the Updated Salary Tables for the Executive and Management Confidential Groups, and the Fontana Police Benefit Association Bargaining Group.
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1. Adopt Resolution No. 2022-016, a resolution of the City Council of the City of Fontana adopting the updated salary tables for the Management Confidential Group and the Fontana Police Benefit Association Bargaining Unit.

2. Adopt Resolution No. 2022-017, a resolution of the City Council of the City of Fontana adopting the updated Executive salary table.

D. 2020 Homeland Security Grant Program 21-1230

1. Accept the 2020 Homeland Security Grant Program subrecipient award in the amount $41,364 from the Office of Homeland Security.

2. Authorize the Chief of Police or his designee to sign all related grant documents including extensions or modifications for the grant; and expend funds as outlined in the grant agreement.

E. Police Department Monthly Information Update 21-1232 Accept the Police Department monthly information update for January and February 2022.

PUBLIC HEARINGS:

A. Quarterly Lien Action for Delinquent Sewer, Rubbish and Weed Abatement Accounts
21-1242
Mayor Warren opened the public hearing.

Accountant Lisa Conlon provided the staff report.

There were no questions of the City Council.

Mayor Warren closed the public hearing, as there were no members of the public requesting to speak on this item.

ACTION: Motion was made by Council Member Cothran, seconded by Council Member Roberts, and passed unanimously by a vote of 5-0 to adopt Public Hearing Item 'A' as follows:

1. Authorize staff to complete and record lien notices against real property for those sewer accounts sixty days or more delinquent as described in Certified Lien List and direct staff to forward recorded liens to the County for collection.

2. Authorize staff to complete and record liens against real property for those rubbish accounts more than ninety days delinquent as described in

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30 City Council Meeting Minutes March 22, 2022
the certified Lien List and direct staff to forward recorded liens to County for collection.

3. Adopt Resolution No. 2022-018, the City Council of the City of Fontana adopting the statement of unpaid expenses for weed abatement and imposing a lien against real property for payment thereof.

The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None
Warren, Garcia, Roberts, Sandoval, and CothranAye:

B. Municipal Code Amendment (MCA) No. 21-001R1 for an
Amendment to Chapter 9 of the Municipal Code to Modify
Article V to Revise Sustainability Standards for Industrial Commerce Centers throughout the City
21-1256
Read by title only and waive further reading of and introduce Ordinance No.___, an Ordinance of the City Council of the City of Fontana, approving Municipal Code Amendment (MCA) No. 21-001R1 for an amendment to Chapter 9 of the Municipal Code to modify Article V to revise sustainability standards for industrial commerce centers throughout the city, and the reading of the title constitutes the first thereof.

Mayor Warren opened the public hearing.

Senior Planner Rina Leung and Deputy City Manager Phil Burum provided the staff report and answered questions of the City Council.

The following individuals spoke during public communications:

1. Ana Gonzalez spoke in opposition of this item.

2. Amparo Munoz spoke in opposition of this item.

3. Andrea DeLeon spoke in support of this item.

4. Elizabeth Sena spoke in opposition of this item.

5. Greg Abdouch spoke in support of this item.

Mayor Warren called a recess at 9:09 p.m. during Mr. Abdouch's public communication time allotment.

Mayor Warren reconvened the meeting at 9:18 p.m. City Treasurer Koehler-Brooks did not return to the remainder of the meeting.

Due to the recess being called during Mr. Abdouch's public communication time allotment, the meeting reconvened with his remaining comments.

Mayor Warren closed the public hearing.

Meeting went into Recess
Meeting Reconvened

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31 City Council Meeting Minutes March 22, 2022
ACTION: Motion was made by Mayor Pro Tem Garcia, seconded by Council Member Roberts, and passed unanimously by a vote of 5-0 to adopt Public Hearing Item 'B' as follows:

The motion carried by the following vote: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None
Warren, Garcia, Roberts, Sandoval, and CothranAye:

Following the item, Council Member Sandoval encouraged the public to email any concerns on the prior agenda item to Deputy City Manager Burum for further assistance.

NEW BUSINESS:

A. Appointment for Elected City Clerk 21-1253
Staff recommends that the City Council review the received applications submitted and make an appointment to fill the remaining term of the Elected City Clerk seat until the November 8, 2022, election results are certified.

Deputy City Clerk Ashton R. Arocho, MMC, provided the staff report and answered questions of the City Council.

Council Member Cothran commented on the received applications and would like to nominate Germaine McClellan Key as the City Clerk.

Council Member Sandoval commented on the received applications and would like to nominate Adrian Garcia as the City Clerk.

ACTION: Motion was made by Mayor Warren, seconded by Council Member Cothran, and passed by a vote of 4-1 vote to appoint Germaine McClellan Key as City Clerk. The motion carried by the following vote: AYES: Warren, Garcia, Cothran, and Roberts; NOES: Sandoval; ABSTAIN: None Warren, Garcia, Roberts, and CothranAye:

SandovalNay:

Mayor Warren called up appointed City Clerk, Germaine McClellan Key, from the audience to swear her in. Following the swearing-in, City Clerk Key took her seat at the dais.

B. Redistricting 2021: Consideration of Proposed Draft Maps for Council Selection
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1. Receive public input; and,

2. Direct staff on selected preferred map for final adoption at the April 12, 2022, Council meeting by Resolution.

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32 City Council Meeting Minutes March 22, 2022
Interim Deputy City Manager Ray Ebert presented the staff report and answered questions of the City Council.

Council Member Cothran commented that after discussing with community groups, he would like to move forward with either map 402 or 104b.

Council Member Roberts concurred with Council Member Cothran on moving forward with either map 402 or 104b.

Council Member Sandoval noted that he'd like to move forward with Map 101.

Council Member Roberts added that the Southridge community is not split in two in either maps 402 or 104b.

Mayor Pro Tem Garcia would like to rule out Map 103 and focus on maps 402 and 104b for consideration.

Mayor Warren commented on her concerns of growth in the coming years not being accounted for in map 402 and identified that map 104b allows for growth.

ACTION: Motion was made by Mayor Warren, seconded by Council Member Roberts, and passed by a 4-1 vote to select Draft Map 104b as the preferred map for final adoption at the April 12, 2022, Council meeting by Resolution. The motion carried by the following vote: AYES:

Warren, Garcia, Cothran, and Roberts; NOES: Sandoval; ABSTAIN:

None
Warren, Garcia, Roberts, and CothranAye:

SandovalNay:

CITY MANAGER COMMUNICATIONS:

A. City Manager Communications
Interim City Manger Yauchzee had no City Manager communications to report.

ELECTED OFFICIALS COMMUNICATIONS/REPORTS:

A. Elected Officials Communications/Reports

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33 City Council Meeting Minutes March 22, 2022
Mayor Warren asked the community to keep the Koehler-Brooks family in your prayers and thoughts.

City Clerk Key commented on the tremendous support received by the Mayor and Council for appointing her as the new City Clerk and closed with thanking her Parks, Community, and Human Services Commissioner's for their support.

Council Member Sandoval thanked Chief Green for introducing the Chief's Roundtable and thanked those who are members for their committment to the community; congratulated Captain Dorsey on recently graduating from the FBI Academy; congratulated the Police Department employees of the month; congratulated the newly sworn-in firefighters; commented on recent attendance at the MYAC Teen Summit; expressed pride in grandson's recent t-ball game; and wished youngest daughter a Happy Birthday.

Council Member Roberts echoed those congratulations and praises of Council Member Sandoval and asked that the community keep the Koehler-Brooks family in their prayers and thoughts. Closed with thanking the community and staff for their support and kind words after recent health emergency.

Council Member Roberts thanked the public for coming out to speak during the meeting and appreciated the dialogue to assist with making some difficult decisions tonight.

Council Member Cothran welcomed City Clerk Key to the dais and congratulations on her recent appointment.

Mayor Pro Tem Garcia thanked Dennis Powell of the Los Angeles Dodgers for his recent attendance at the Pony Little League's Opening Day; thanked Officer Hall for his tremendous work and commitment to the community; congratulated City Clerk Key on recent appointment; and closed by thanking staff for working on the Code update for increasing sustainability standards.

Mayor Warren commented on recent Mayor's Monday; highlighted how quickly the year is going; discussed the supply chain shortage; recognized March as International Women's History Month; commented on recent attendance of community events; commented on the public speakers asking for Council support in opposing bills pertaining to COVID-19 and vaccines; discussed the recent passing of commerce center Ordinance; commented on the efforts from City staff to make Fontana 'greener' by improving the landscape and planting more trees; thanked the MYAC team on the success of the recent Teen Summit; and highlighted upcoming community events.

Mayor Pro Tem Garcia mentioned that on March 10, Arbor Day, the City received an award from the State of California, Cal Fire, for being a 'Tree City'. This award was given to 165 out of the 482 cities to receive the award from our efforts in planting and monitoring our trees within the City. This marked our 26th consecutive year receiving this award.

Mayor Warren also closed with announcing that on April 1, the City of Fontana will be showcased on the TV Series, Undercover Boss.

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34 City Council Meeting Minutes March 22, 2022
ADJOURNMENT:

A. Adjournment
Mayor Warren adjourned the meeting at 10:03 p.m. to the next Regular City Council Meeting on April 12, 2022 at 7:00 p.m. in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, California.
_________________________
Ashton R. Arocho, MMC
Deputy City Clerk

THE FOREGOING MINUTES WERE APPROVED AND ADOPTED BY THE FONTANA CITY COUNCIL ON THE 12TH DAY OF APRIL 2022.
________________________
Germaine McClellan Key
City Clerk

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35 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1278 Agenda Date: 4/12/2022
Agenda #: B. Category: Consent Calendar
FROM:

Planning Department
SUBJECT:

Adoption of Ordinance No. 1891
RECOMMENDATION:

Second Reading/Adopt Ordinance No.1891, an Ordinance of the City Council of the City of Fontana, approving Municipal Code Amendment (MCA) No. 21-001R1 for an amendment to Chapter 9 of the Municipal Code to modify Article V to revise sustainability standards for industrial commerce centers throughout the city.

COUNCIL GOALS:
· To promote economic development by pursuing business retention, expansion and attraction. · To promote economic development by establishing a quick, consistent development process.

DISCUSSION:

Ordinance No. 1891 was introduced by a vote of 5-0 at the March 22, 2022, Regular City Council Meeting.

FISCAL IMPACT:

None.

MOTION:

Approve staff’s recommendation
City of Fontana Printed on 4/5/2022Page 1 of 1
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36 ATTACHMENT NO. 1

ORDINANCE NO. 1891

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FONTANA, CALIFORNIA AMENDING CHAPTER 9 OF THE

FONTANA MUNICIPAL CODE TO REVISE ARTICLE V FOR

MODIFICATIONS AND CL ARIFICATION TO BUFFE RING

AND SCREENING REQUIR EMENTS, METHODS TO

IMPROVE TRAFFIC CIRC ULATION, REQUIREMENT S

FOR ALTERNATIVE ENERGY, AND IMPROVEMENTS TO

CONSTRUCTION REQUIREMENTS AS IT RELATES TO

INDUSTRIAL COMMERCE CENTERS THROUGHOUT THE
CITY.

WHEREAS, the City of Fontana (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, on or about May 7, 2021, the governing board of the South Coast Air Quality Management Distr ict (“SCAQMD”) adopted Rule 2305, the Warehouse Indirect Source Rule (“Rule 2305”); and
WHEREAS, Rule 2305 requires warehouses greater than 100,000 square feet to directly reduce nitrogen oxide and diesel particulate matter emissions, or to otherwise facilitate emission and exposure reductions of these pollutants in nearby communities; and
WHEREAS, SCAQMD has also adopted Rule 402 prohibiting emissions that cause injury and/or annoyance to a substantial number of people, including odors; Rule 403 requiring dust control measures during construction; Rule 1113 requiring the use of low Volatile organic compounds (“VOC”) paints and coatings; Rule 1186 requiring use of SCAQMD certified street sweepers; and Rule 2202 requiring establishment of rideshare programs for facilities employing more than 250 employees; and WHEREAS, the California Air Resources Board (“CARB”) adopted Rule 2485 restricting diesel engine idling to five minutes or less; and WHEREAS, California Building Standards Commission adopted Part 11, Title 24 of the California Code of Regulations, known as CALGreen, which generally requires low energy use features, lo w water use features, all -electric vehicle (“EV”) parking spaces and charging facility accommodation, carpool/vanpool p arking spaces, and short -term and long-term bicycle parking facilities; and
WHEREAS, the City of Fontana currently regulates industrial commerce centers in Specific Plans, Chapter 30 of the Zoning and Development Code, and in Chapter 9, and Article V (Indu strial Commerce Centers Sustainability Standards) of the Municipal Code. Furthermore, Ordinance No. 1879 that established Article V in Chapter 9 of the Municipal Code was adopted by City Council on February 8, 2022; and 37 -2-

WHEREAS, the City initiated Municipal Code Amendment (AMD) No. 21 -001R1 amend Chapter 9 (Environmental Protection and Resource Extraction) of the Municipal Code to modify Article V to revise Industrial Commerce Centers Sustainability Standards, which includes modifications and clarif ication to buffering and screening requirements, methods to improve traffic circulation, requirements for alternative energy, and improvements to construction as it relates to industrial commerce centers throughout the city; and
WHEREAS, December 21, 2021, the City Council held the second reading and adopted Ordinance No. 1879 for Municipal Code Amendment (AMD) No. 21 -001 to add Article V to establish sustainability standards for industrial commerce centers throughout the city; and
WHEREAS, On March 22, 2022, the City Council held a duly noticed public hearing on Municipal Code Amendment (AMD) No. 21 -001R1, and the supporting documents in evidence, the City Council found that the Municipal Code Amendment is in conformance with General Plan and does not change any of the Land Use Designation of any properties and it is consistent with the General Plan and furthers Action B of Goal 3 in Chapter 12 to promote renewable energy programs for government, Fontana businesses, and Fontana residences; and
WHEREAS, a notice of the public hearing was published in the local San Bernardino County Sun newspaper on Saturday, March 12, 2022 and posted at City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are fully incorporated herein.

SECTION 2. Article V of Chapter 9 of the Fontana Municipal Code is hereby amended and renumbered follows:

ARTICLE V. – Industrial Commerce Centers Sustainability Standards Sec. 9-70. – Applicability.

This Article is applicable to all Warehouse uses throughout the city, as defined in Section 30-12 of Chapter 30, Article 1, Division 4; and as listed as a type of “Warehousing Use” in Table No. 30 -530 and includes all warehouse uses in Sp ecific Plans. The following sections shall supersede any existing requirements in the Municipal Code and Specific Plans.

Sec. 9-71. – Buffering and Screening / Adjacent uses.
(1) For any Warehouse building larger than 50,000 square feet in size, a ten foot wide landscaping buffer shall be required, measured from the property line of all adjacent sensitive receptors. For any Warehouse 38 -3-

building larger than 400,000 square feet in size, a twenty -foot wide landscaping buffer shall be required, measured from the property line of all adjacent sensitive receptors. The perimeter buffer area (s) shall include, at a minimum, a solid decorative wall(s) of at least ten feet in height, natural ground landscaping, and solid screen buffering trees, as described below, unles s there is an existing solid block wall. For any Warehouse building equal to or less than 50,000 square feet in size, a solid decorative wall(s) of at least ten feet in height shall be required when adjacent to any sensitive receptors. Sensitive receptor shall be defined as any residence including private homes, condominiums, apartments, and living quarters, schools, preschools, daycare centers, in-home daycares, health facilities such as hospitals, long term care facilities, retirement and nursing homes, community centers, places of worship, parks (excluding trails), prisons, and dormitories. (2) Trees shall be used as part of the solid screen buffering treatment. Trees used for this purpose shall be evergreen, drought tolerant, minimum 36- inch box, and shall be spaced at no greater than 40-feet on center. The property owner and any successors in interest shall maintain these trees for the duration of ownership, ensuring any unhealthy or dead trees are replaced timely as needed.
(3) All landscaping shall be d rought tolerant, and to the extent feasible, species with low biogenic emissions. Palm trees shall not be utilized. (4) All landscaping areas shall be properly irrigated for the life of the facility to allow for plants and trees to maintain growth.
(5) Trees shall be installed in automobile parking areas to provide at least 35% shade cover of parking areas within fifteen years. Trees shall be planted that are capable of meeting this requirement.
(6) Unless physically impossible, loading docks and truck entries shall be oriented away from abutting sensitive receptors. To the greatest extent feasible, loading docks, truck entries, and truck drive aisles shall be located away from nearby sensitive receptors. In making feasibility decisions, the City must comply with existing laws and regulations and balance public safety and the site development’s potential impacts to nearby sensitive receptors. Therefore loading docks, truck entries, and drive aisles may be located nearby sensitive receptors at the disc retion of the Planning Director, but any such site design shall include measures designed to minimize overall impacts to nearby sensitive receptors.” (7) For any Warehouse building larger than 400,000 square feet in size, the building’s loading docks shall be located a minimum of 300 feet away, measured from the property line of the sensitive receptor to the nearest 39 -4-

dock door which does not exclusively serve electric trucks using a direct straight-line method.

Sec. 9-72. – Signage and Traffic Patterns.

(1) Entry gates into the loading dock/truck court area shall be positioned after a minimum of 140 feet of total available stacking depth inside the property line. The stacking distance shall be increased by 70 feet for every 20 loading docks beyond 50 docks. Queuing, or circling of vehicles, on public streets immediately pre- or post-entry to an industrial commerce facility is strictly prohibited unless queuing occurs in a deceleration lane or right turn lane exclusively serving the facility.

(2) Applicants shall submit to the Engineering Department, and obtain approval of, all turning templates to verify truck turn ing movements at entrance and exit driveways and street intersection adjacent to industrial buildings prior to entitlement approval. Unless not physically possible, truck entries shall be located on Collector Streets (or streets of a higher commercial clas sification), and vehicle entries shall be designed to prevent truck access on streets that are not Collector Streets (or streets of a higher commercial classification), including, but not limited to, by limiting the width of vehicle entries.

(3) Anti-idling signs indicating a 3 -minute diesel truck engine idling restriction shall be posted at industrial commerce facilities along entrances to the site and in the dock areas and shall be strictly enforced by the facility operator.

(4) Prior to issuance of certificat e of occupancy facility operators shall establish and submit for approval to the Planning Director a Truck Routing Plan to and from the State Highway System based on the City’s latest Truck Route Map. The plan shall describe the operational characteristics of the use of the facility operator, including, but not limited to, hours of operations, types of items to be stored within the building, and proposed truck routing to and from the facility to designated truck routes that avoids passing sensitive recepto rs, to the greatest extent possible. The plan shall include measures, such as signage and pavement markings, queuing analysis and enforcement, for preventing truck queuing, circling, stopping, and parking on public streets. Facility operator shall be responsible for enforcement of the plan. A revised plan shall be submitted to by the Planning Director prior to a business license being issued by the City for any new tenant of the property. The Planning Director shall have discretion to determine if changes to the plan are necessary including any additional measures to alleviate truck routing and parking issues that may arise during the life of the facility.

40 -5-

(5) Signs and drive aisle pavement markings shall clearly identify the on - site circulation pattern to minimize unnecessary on-site vehicular travel.

(6) Facility operators shall post signs in prominent locations inside and outside of the building indicating that off -site parking for any employee, truck, or other operation related vehicle is strictly prohibite d. City may require facility operator to post signs on surface or residential streets indicating that off -site truck parking is prohibited by City ordinance and/or the Truck Routing Plan.

(7) Signs shall be installed at all truck exit driveways directing tru ck drivers to the truck route as indicated in the Truck Routing Plan and State Highway System.

(8) Signs shall be installed in public view with contact information for a local designated representative who works for the facility operator and who is designated to receive complaints about excessive dust, fumes, or odors, and truck and parking complaints for the site, as well as contact information for the SCAQMD’s on -line complaint system and its complaint call-line: 1-800-288-7664. Any complaints made to the facility operator’s designee shall be answered within 72 hours of receipt.

(9) All signs under this Section shall be legible, durable, and weather-proof.

(10) Prior to issuance of a business license, City shall ensure for any facility with a building or buildings larger than 400,000 total square feet, that the facility shall include a truck operator lounge equipped with clean and accessible amenities such as restrooms, vending machines, television, and air conditioning.”

Sec. 9-73. – Alternative Energy.

(1) On-site motorized operational equipment shall be ZE (zero emission).

(2) All building roofs shall be solar -ready, which includes designing and constructing buildings in a manner that facilitates and optimizes the installation of a rooftop solar photovoltai c (PV) system at some point after the building has been constructed.

(3) The office portion of a building’s rooftop that is not covered with solar panels or other utilities shall be constructed with light colored roofing material with a solar reflective index (“SRI”) of not less than 78. This material shall be the minimum solar reflective rating of the roof material for the life of the building.”
41 -6-

(3)(4) On buildings over 400,000 square feet, prior to issuance of a business license, the City shall ensure rooftop solar panels are installed and operated in such a manner that they will supply 100% of the power needed to operate all non -refrigerated portions o f the facility including the parking areas.
(4)(5) At least 10% of all passenger vehicle parking spaces shall be electric vehicle (EV) ready, with all necessary conduit and related appurtenances installed. At least 5% of all passenger vehicle parking spaces shall be equipped with working Level 2 Quickcharge EV charging stations installed and operational, prior to building occupancy. Signage shall be installed indicating EV charging stations and specifying that spaces are reserved for clean air/EV vehicles. Unless superior technology is developed that would replace the EV charging units, facility operator and any successors in interest shall be responsible for maintaining the EV charging stations in working order for the life of the facility.
(5)(6) Unless the owner of the facility records a covenant on the title of the underlying property ensuring that the property cannot be used to provide chilled, cooled, or freezer warehouse space, a conduit shall be installed during construction of the building shell from the electrical room to 100% of the loading dock doors that have potential to serve the refrigerated space. When tenant improvement building permits are issued for any refrigerated warehouse space, electric plug-in units shall be installed at every doc k door servicing the refrigerated space to allow transport refrigeration units (TRUs) to plug in. Truck operators with TRUs shall be required to utilize electric plug-in units when at loading docks. (6)(7) Bicycle racks are required per Section 30-714 and in the amount required for warehouse uses by Table 30 -714 of the Zoning and Development Code. The racks shall include locks as well as electric plugs to charge electric bikes. The racks shall be located as close as possible to employee entrance(s). Nothing in this section shall preclude the warehouse operator from satisfying this requirement by utilizing bicycle parking amenities considered to be superior such as locating bicycle parking facilities indoors or providing bicycle lockers.

Sec. 9-74. – Operation and Construction.

(1) Cool surface treatments shall be added to all drive aisles and parking areas or such areas shall be constructed with a solar -reflective cool pavement such as concrete.

42 -7-

(2) To ensure that warehouse electrical rooms are sufficiently sized to accommodate the potential need for additional electrical panels, either a secondary electrical room shall be provided in the building, or the primary electrical room shall be sized 25% lar ger than is required to satisfy the service requirements of the building or the electrical gear shall be installed with the initial construction with 25% excess demand capacity.

(3) Use of super -compliant VOC architectural and industrial maintenance coatings (e.g., paints) shall be required. Use of low VOC paints shall be required.

(4) The facility operator shall incorporate a recycling program. (5) The following environmentally responsible practices shall be required during construction:
a. The applicant shall use reasonable best efforts as determined by the Planning Director , to deploy the highest rated CARB Tier technology that is available at the time of construction. Prior to permit issuance, the construction contractor shall submit an equipment list confirming equipment used is compliant with the highest CARB Tier at the time of construction. Equipment proposed for use that does not meet the highest CARB Tier in effect at the time of construction, shall only be approved for use at the discretion of the Planning Director and shall require proof from the construction contractor that, despite reasonable best efforts to obtain the highest CARB Tier equipment, such equipment was unavailable.
b. Use of electric -powered hand tools, forklifts, and pressure washers.
c. Designation of an area in any construction site where electric - powered construction vehicles and equipment can charge. d. Identification in site plans of a location for future electric truck charging stations and installation of a conduit to that location. e. Diesel-powered generators shall be prohibited except in case of emergency or to establish temporary power during construction. (6) A Property Maintenance Program shall be submitted for review and approval by the Planning Director or his/her designee prior to the issuance of building permits. The program shall provide for the regular maintenance of building structures, landscaping, and paved surfaces in good physically condition, and appearance. The methods and 43 -8-

maximum intervals for maintenance of each compon ent shall be specified in the program.
(7) Property owner shall provide facility operator with information on incentive programs such as the Carl Moyer Program and Voucher Incentive Program and shall require all facility operators to enroll in the United States Environmental Protection Agency’s SmartWay Program.

SECTION 3. Based on the foregoing, the City Council determines that the project is categorically exempt from further review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(B)(3) (the common -sense exemption) and, alternatively, pursuant to CEQA Guidelines Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and 15308 (Actions by Regulatory Agencies for Protection of the Environment), and Section No. 3.22 of the 2019 Local Guidelines for Implementing CEQA , as implementation of this Ordinance is to improve the environment. The Council hereby directs staff to prepare, execute and file with the San Bernardino County Clerk a notice of exemption within five working days after the adoption of this Ordinance.

SECTION 4. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reas on to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable.

The people of the City of Fontana hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, claus es or phrases be declared invalid or unconstitutional.

SECTION 5. This Ordinance shall take effect thirty (30) days after the date of its adoption.

SECTION 6. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Fontana. The City Clerk is the custodian of records for this Ordinance and the records are available at 8353 Sierra Avenue, Fontana CA 92335.

APPROVED AND ADOPTED this 12th day of April 2022.

READ AND APPROVED AS TO LEGAL FORM:

__________________________________________
City Attorney

44 -9-

I, Ashton Arocho, Acting City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council do hereby certify that the foregoing ordinance is the actual ordinance duly and regularly adopted by the City Council at a regular meeting on the 12th day of April, 2022 by the following vote to wit:

AYES:

NOES:

ABSENT:

______________________________
City Clerk of the City of Fontana

_____________________________
Mayor of the City of Fontana
ATTEST:

______________________________
City Clerk
45 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1310 Agenda Date: 4/12/2022
Agenda #: C. Category: Consent Calendar
FROM:

Human Resources
SUBJECT:

Adopt the Updated Salary Range for the Classification of Accounting Manager RECOMMENDATION:

Adopt Resolution No. 2022-____, a resolution of the City Council of the City of Fontana adopting the updated salary range for the classification of Accounting Manager and updated salary table for the Management Confidential Group.

COUNCIL GOALS:
· To operate in a businesslike manner by becoming more service oriented. · To operate in a businesslike manner by ensuring that the public debate is based on accurate information.
· To practice sound fiscal management by living within our means while investing in the future.

DISCUSSION:

The City’s objective is to attract and retain the best talent to serve the Fontana residents and business community by offering attractive and competitive salaries and benefits.

The City has reviewed the classification of Accounting Manager and concluded that the updated salary range is necessary to maintain a competitive salary with other similar public agencies.

In addition, due to the salary update of the above mentioned classification, staff has recommended formal adoption by City Council of the attached salary table for the Management Confidential Group.

FISCAL IMPACT:

There is no fiscal impact associated with the approval of this item for the current fiscal year due to the timing of this action and the ability to recruit and hire an individual by June 30, 2022. The estimated increase for fiscal year 2022-23 is $11,814.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 4/5/2022Page 1 of 1
powered by Legistar™
46

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RESOLUTION NO. 2022 -

A RE SOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA

ADOPTING UPDATED SALARY RANGE FOR CLASSIFICATION OF

ACCOUNTING MANAGER AND THE UPDATED MANAGEMENT

CONFIDENTIAL SALARY TABLE

WHEREAS, the City Council of the City of Fontana has adopted the Personnel Rules and Regulations w hich incorporate the City ’s Classification Plan; and

WHEREAS, the Classification Plan is not a static plan and requires revisions to reflect organizational changes and needs, and

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fontana, to adopt the updated salary range for the classification of Ac counting Manager at range MC01 ($9,597.47/mo. - $11,668.80/mo.) and the up dated Management Confidential Salary Table.

EFFECTIVE DATE: April 23, 2022

APPROVED AND ADOPTED this 12
th day of April, 2022.

READ AND APPROVED AS TO LEGAL FORM:

City Attorney

I, Germaine McClellan Key , City C lerk of the City of Fontana , and Ex - Officio Clerk of the City Council, do hereby certify that the foregoing Resolution is the actual Resolution duly and regularly adopted by the City Counci l of said City at a regular meeting thereof, held on the 12
th day of April 2022, by the following
vote to wit:

AYES:

NOES:

ABSENT:

___________________________
City Clerk of the City of Fontana

___________________________
47

Page 2 of 2 ends

Mayor of the City of Fontana

Resolution 2022-

ATTEST:

___________________________
City Clerk

48 CITY OF FONTANA

MANAGEMENT CONFIDENTIAL

HOURLY/MONTHLY/ANNUAL PAY SCHEDULE
Effective 04/23/2022
TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
$55.37 $58.14 $61.05 $64.11 $67.32 Hourly
$9,597.47 $10,077.60 $10,582.00 $11,112.40 $11,668.80 Monthly $115,169.60 $120,931.20 $126,984.00 $133,348.80 $140,025.60 Annual $25.88 $27.18 $28.54 $29.97 $31.47
$4,485.87 $4,711.20 $4,946.94 $5,194.80 $5,454.80
$53,830.40 $56,534.40 $59,363.20 $62,337.60 $65,457.60
$44.37 $46.59 $48.92 $51.37 $53.94
$7,690.80 $8,075.60 $8,479.47 $8,904.14 $9,349.60
$92,289.60 $96,907.20 $101,753.60 $106,849.60 $112,195.20 $30.98 $32.53 $34.16 $35.87 $37.67
$5,369.87 $5,638.54 $5,921.07 $6,217.47 $6,529.47
$64,438.40 $67,662.40 $71,052.80 $74,609.60 $78,353.60
$36.17 $37.98 $39.88 $41.88 $43.98
$6,269.47 $6,583.20 $6,912.54 $7,259.20 $7,623.20
$75,233.60 $78,998.40 $82,950.40 $87,110.40 $91,478.40
$37.82 $39.72 $41.71 $43.80 $45.99
$6,555.47 $6,884.80 $7,229.74 $7,592.00 $7,971.60
$78,665.60 $82,617.60 $86,756.80 $91,104.00 $95,659.20
$49.27 $51.74 $54.33 $57.05 $59.91
$8,540.14 $8,968.27 $9,417.20 $9,888.67 $10,384.40
$102,481.60 $107,619.20 $113,006.40 $118,664.00 $124,612.80 $56.10 $58.91 $61.86 $64.96 $68.21
$9,724.00 $10,211.07 $10,722.40 $11,259.74 $11,823.07
$116,688.00 $122,532.80 $128,668.80 $135,116.80 $141,876.80 $48.04 $50.45 $52.98 $55.63 $58.42
$8,326.94 $8,744.67 $9,183.20 $9,642.54 $10,126.14
$99,923.20 $104,936.00 $110,198.40 $115,710.40 $121,513.60 $51.79 $54.38 $57.10 $59.96 $62.96
$8,976.94 $9,425.87 $9,897.34 $10,393.07 $10,913.07
$107,723.20 $113,110.40 $118,768.00 $124,716.80 $130,956.80 $49.27 $51.74 $54.33 $57.05 $59.91
$8,540.14 $8,968.27 $9,417.20 $9,888.67 $10,384.40
$102,481.60 $107,619.20 $113,006.40 $118,664.00 $124,612.80 $34.93 $36.68 $38.52 $40.45 $42.48
$6,054.54 $6,357.87 $6,676.80 $7,011.34 $7,363.20
$72,654.40 $76,294.40 $80,121.60 $84,136.00 $88,358.40
Accounting Manager MC01
Administrative Secretary MC02
Assistant Internal Auditor MC04
Assistant Building Official MC03
(IT) Application Programmer/
Developer MC05
(IT) Business Analyst II MC06
Community Improvement Program
Manager MC10
Building Official MC08
Budget Manager MC07
Communications & Marketing
Manager MC09
Community Services Manager MC11
Community Services Supervisor MC12

Page 1 ends

49 CITY OF FONTANA

MANAGEMENT CONFIDENTIAL

HOURLY/MONTHLY/ANNUAL PAY SCHEDULE
Effective 04/23/2022
TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
$36.17 $37.98 $39.88 $41.88 $43.98 Hourly
$6,269.47 $6,583.20 $6,912.54 $7,259.20 $7,623.20 Monthly $75,233.60 $78,998.40 $82,950.40 $87,110.40 $91,478.40 Annual $49.00 $51.45 $54.03 $56.74 $59.58
$8,493.34 $8,918.00 $9,365.20 $9,834.94 $10,327.20
$101,920.00 $107,016.00 $112,382.40 $118,019.20 $123,926.40 $36.17 $37.98 $39.88 $41.88 $43.98
$6,269.47 $6,583.20 $6,912.54 $7,259.20 $7,623.20
$75,233.60 $78,998.40 $82,950.40 $87,110.40 $91,478.40
$40.16 $42.17 $44.28 $46.50 $48.83
$6,961.07 $7,309.47 $7,675.20 $8,060.00 $8,463.87
$83,532.80 $87,713.60 $92,102.40 $96,720.00 $101,566.40 $56.10 $58.91 $61.86 $64.96 $68.21
$9,724.00 $10,211.07 $10,722.40 $11,259.74 $11,823.07
$116,688.00 $122,532.80 $128,668.80 $135,116.80 $141,876.80 $37.63 $39.52 $41.50 $43.58 $45.76
$6,522.54 $6,850.14 $7,193.34 $7,553.87 $7,931.74
$78,270.40 $82,201.60 $86,320.00 $90,646.40 $95,180.80
$34.86 $36.61 $38.45 $40.38 $42.40
$6,042.40 $6,345.74 $6,664.67 $6,999.20 $7,349.34
$72,508.80 $76,148.80 $79,976.00 $83,990.40 $88,192.00
$37.63 $39.52 $41.50 $43.58 $45.76
$6,522.54 $6,850.14 $7,193.34 $7,553.87 $7,931.74
$78,270.40 $82,201.60 $86,320.00 $90,646.40 $95,180.80
$56.10 $58.91 $61.86 $64.96 $68.21
$9,724.00 $10,211.07 $10,722.40 $11,259.74 $11,823.07
$116,688.00 $122,532.80 $128,668.80 $135,116.80 $141,876.80 $37.63 $39.52 $41.50 $43.58 $45.76
$6,522.54 $6,850.14 $7,193.34 $7,553.87 $7,931.74
$78,270.40 $82,201.60 $86,320.00 $90,646.40 $95,180.80
$49.00 $51.45 $54.03 $56.74 $59.58
$8,493.34 $8,918.00 $9,365.20 $9,834.94 $10,327.20
$101,920.00 $107,016.00 $112,382.40 $118,019.20 $123,926.40 $48.04 $50.45 $52.98 $55.63 $58.42
$8,326.94 $8,744.67 $9,183.20 $9,642.54 $10,126.14
$99,923.20 $104,936.00 $110,198.40 $115,710.40 $121,513.60 Fleet Supervisor MC21
(IT) GIS Administrator MC22
Housing Development Manager MC23
(IT) Database Administrator MC14
Economic Development Analyst MC76
Engineering Manager MC16
Environmental Control Supervisor MC17
Executive Secretary to City Manager MC18
Development Services Supervisor MC15
Customer Service Supervisor MC13
Finance Manager MC20
Facilities Maintenance Supervisor MC19

Page 2 ends

50 CITY OF FONTANA

MANAGEMENT CONFIDENTIAL

HOURLY/MONTHLY/ANNUAL PAY SCHEDULE
Effective 04/23/2022
TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
$37.07 $38.93 $40.88 $42.93 $45.08 Hourly
$6,425.47 $6,747.87 $7,085.87 $7,441.20 $7,813.87 Monthly $77,105.60 $80,974.40 $85,030.40 $89,294.40 $93,766.40 Annual $21.40 $22.47 $23.60 $24.78 $26.02
$3,709.34 $3,894.80 $4,090.67 $4,295.20 $4,510.14
$44,512.00 $46,737.60 $49,088.00 $51,542.40 $54,121.60
$31.62 $33.21 $34.88 $36.63 $38.47
$5,480.80 $5,756.40 $6,045.87 $6,349.20 $6,668.14
$65,769.60 $69,076.80 $72,550.40 $76,190.40 $80,017.60
$26.82 $28.17 $29.58 $31.06 $32.62
$4,648.80 $4,882.80 $5,127.20 $5,383.74 $5,654.14
$55,785.60 $58,593.60 $61,526.40 $64,604.80 $67,849.60
$55.24 $58.01 $60.92 $63.97 $67.17
$9,574.94 $10,055.07 $10,559.47 $11,088.14 $11,642.80
$114,899.20 $120,660.80 $126,713.60 $133,057.60 $139,713.60 $29.72
$5,151.47 "Step 1 Only"
$61,817.60
$33.98 $35.68 $37.47 $39.35 $41.32
$5,889.87 $6,184.54 $6,494.80 $6,820.67 $7,162.14
$70,678.40 $74,214.40 $77,937.60 $81,848.00 $85,945.60
$39.08 $41.04 $43.10 $45.26 $47.53
$6,773.87 $7,113.60 $7,470.67 $7,845.07 $8,238.54
$81,286.40 $85,363.20 $89,648.00 $94,140.80 $98,862.40
$51.79 $54.38 $57.10 $59.96 $62.96
$8,976.94 $9,425.87 $9,897.34 $10,393.07 $10,913.07
$107,723.20 $113,110.40 $118,768.00 $124,716.80 $130,956.80 $40.16 $42.17 $44.28 $46.50 $48.83
$6,961.07 $7,309.47 $7,675.20 $8,060.00 $8,463.87
$83,532.80 $87,713.60 $92,102.40 $96,720.00 $101,566.40 $37.63 $39.52 $41.50 $43.58 $45.76
$6,522.54 $6,850.14 $7,193.34 $7,553.87 $7,931.74
$78,270.40 $82,201.60 $86,320.00 $90,646.40 $95,180.80
$21.01 $22.07 $23.18 $24.34 $25.56
$3,641.74 $3,825.47 $4,017.87 $4,218.94 $4,430.40
$43,700.80 $45,905.60 $48,214.40 $50,627.20 $53,164.80
Parks Development Coordinator MC30
Human Resources Specialist MC26
Human Resources Technician MC27
Human Resources Analyst MC24
Management Trainee MC78
Management Analyst II MC81
Management Analyst I MC80
(IT) Information Technology
Manager MC28
(IT) Network/Security Administrator MC29
Human Resources Clerk MC25
Parks & Landscape Supervisor MC31
Payroll Clerk MC32

Page 3 ends

51 CITY OF FONTANA

MANAGEMENT CONFIDENTIAL

HOURLY/MONTHLY/ANNUAL PAY SCHEDULE
Effective 04/23/2022
TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
$31.62 $33.21 $34.88 $36.63 $38.47 Hourly
$5,480.80 $5,756.40 $6,045.87 $6,349.20 $6,668.14 Monthly $65,769.60 $69,076.80 $72,550.40 $76,190.40 $80,017.60 Annual $26.95 $28.30 $29.72 $31.21 $32.78
$4,671.34 $4,905.34 $5,151.47 $5,409.74 $5,681.87
$56,056.00 $58,864.00 $61,817.60 $64,916.80 $68,182.40
$48.04 $50.45 $52.98 $55.63 $58.42
$8,326.94 $8,744.67 $9,183.20 $9,642.54 $10,126.14
$99,923.20 $104,936.00 $110,198.40 $115,710.40 $121,513.60 $40.16 $42.17 $44.28 $46.50 $48.83
$6,961.07 $7,309.47 $7,675.20 $8,060.00 $8,463.87
$83,532.80 $87,713.60 $92,102.40 $96,720.00 $101,566.40 $31.83 $33.43 $35.11 $36.87 $38.72
$5,517.20 $5,794.54 $6,085.74 $6,390.80 $6,711.47
$66,206.40 $69,534.40 $73,028.80 $76,689.60 $80,537.60
$25.34 $26.61 $27.95 $29.35 $30.82
$4,392.27 $4,612.40 $4,844.67 $5,087.34 $5,342.14
$52,707.20 $55,348.80 $58,136.00 $61,048.00 $64,105.60
$28.47 $29.90 $31.40 $32.97 $34.62
$4,934.80 $5,182.67 $5,442.67 $5,714.80 $6,000.80
$59,217.60 $62,192.00 $65,312.00 $68,577.60 $72,009.60
$33.38 $35.05 $36.81 $38.66 $40.60
$5,785.87 $6,075.34 $6,380.40 $6,701.07 $7,037.34
$69,430.40 $72,904.00 $76,564.80 $80,412.80 $84,448.00
$55.92 $58.72 $61.66 $64.75 $67.99
$9,692.80 $10,178.14 $10,687.74 $11,223.34 $11,784.94
$116,313.60 $122,137.60 $128,252.80 $134,680.00 $141,419.20 $52.33 $54.95 $57.70 $60.59 $63.62
$9,070.54 $9,524.67 $10,001.34 $10,502.27 $11,027.47
$108,846.40 $114,296.00 $120,016.00 $126,027.20 $132,329.60 $40.16 $42.17 $44.28 $46.50 $48.83
$6,961.07 $7,309.47 $7,675.20 $8,060.00 $8,463.87
$83,532.80 $87,713.60 $92,102.40 $96,720.00 $101,566.40 $49.00 $51.45 $54.03 $56.74 $59.58
$8,493.34 $8,918.00 $9,365.20 $9,834.94 $10,327.20
$101,920.00 $107,016.00 $112,382.40 $118,019.20 $123,926.40 Police Support Services Supervisor MC41
Principal Civil Engineer MC42
Public Information Coordinator MC43
Principal Planner MC83
Public Safety Systems Administrator MC84
Police Dispatch Shift Supervisor MC38
Police Records Supervisor MC39
Police Supervising Property Control
Clerk MC40
Police Communications Supervisor MC37
Police Administrative Support
Services Manager MC36
Payroll Technician MC34
Payroll Coordinator MC33

Page 4 ends

52 CITY OF FONTANA

MANAGEMENT CONFIDENTIAL

HOURLY/MONTHLY/ANNUAL PAY SCHEDULE
Effective 04/23/2022
TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
$43.13 $45.29 $47.56 $49.94 $52.44 Hourly
$7,475.87 $7,850.27 $8,243.74 $8,656.27 $9,089.60 Monthly $89,710.40 $94,203.20 $98,924.80 $103,875.20 $109,075.20 Annual $51.79 $54.38 $57.10 $59.96 $62.96
$8,976.94 $9,425.87 $9,897.34 $10,393.07 $10,913.07
$107,723.20 $113,110.40 $118,768.00 $124,716.80 $130,956.80 $29.63 $31.12 $32.68 $34.32 $36.04
$5,135.87 $5,394.14 $5,664.54 $5,948.80 $6,246.94
$61,630.40 $64,729.60 $67,974.40 $71,385.60 $74,963.20
$36.17 $37.98 $39.88 $41.88 $43.98
$6,269.47 $6,583.20 $6,912.54 $7,259.20 $7,623.20
$75,233.60 $78,998.40 $82,950.40 $87,110.40 $91,478.40
$34.23 $35.95 $37.75 $39.64 $41.63
$5,933.20 $6,231.34 $6,543.34 $6,870.94 $7,215.87
$71,198.40 $74,776.00 $78,520.00 $82,451.20 $86,590.40
$28.64 $30.08 $31.59 $33.17 $34.83
$4,964.27 $5,213.87 $5,475.60 $5,749.47 $6,037.20
$59,571.20 $62,566.40 $65,707.20 $68,993.60 $72,446.40
$44.37 $46.59 $48.92 $51.37 $53.94
$7,690.80 $8,075.60 $8,479.47 $8,904.14 $9,349.60
$92,289.60 $96,907.20 $101,753.60 $106,849.60 $112,195.20 $36.35 $38.17 $40.08 $42.09 $44.20
$6,300.67 $6,616.14 $6,947.20 $7,295.60 $7,661.34
$75,608.00 $79,393.60 $83,366.40 $87,547.20 $91,936.00
$28.87 $30.32 $31.84 $33.44 $35.12
$5,004.14 $5,255.47 $5,518.94 $5,796.27 $6,087.47
$60,049.60 $63,065.60 $66,227.20 $69,555.20 $73,049.60
$40.16 $42.17 $44.28 $46.50 $48.83
$6,961.07 $7,309.47 $7,675.20 $8,060.00 $8,463.87
$83,532.80 $87,713.60 $92,102.40 $96,720.00 $101,566.40 $28.47 $29.90 $31.40 $32.97 $34.62
$4,934.80 $5,182.67 $5,442.67 $5,714.80 $6,000.80
$59,217.60 $62,192.00 $65,312.00 $68,577.60 $72,009.60
$43.26 $45.43 $47.71 $50.10 $52.61
$7,498.40 $7,874.54 $8,269.74 $8,684.00 $9,119.07
$89,980.80 $94,494.40 $99,236.80 $104,208.00 $109,428.80 Senior Administrative Secretary MC53
(IT) Senior Business Analyst MC54
Senior Accountant MC50
Senior Administrative Aide
(Pos. #608) MC51
Senior Administrative Analyst MC52
Purchasing Supervisor MC47
Real Property Analyst MC48
Resources Budget Officer MC49
Public Works Inspection Supervisor MC44
Public Works Manager MC45
Purchasing Specialist MC46
Records Coordinator MC77

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53 CITY OF FONTANA

MANAGEMENT CONFIDENTIAL

HOURLY/MONTHLY/ANNUAL PAY SCHEDULE
Effective 04/23/2022
TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
$49.13 $51.59 $54.17 $56.88 $59.73 Hourly
$8,515.87 $8,942.27 $9,389.47 $9,859.20 $10,353.20 Monthly $102,190.40 $107,307.20 $112,673.60 $118,310.40 $124,238.40 Annual $49.13 $51.59 $54.17 $56.88 $59.73
$8,515.87 $8,942.27 $9,389.47 $9,859.20 $10,353.20
$102,190.40 $107,307.20 $112,673.60 $118,310.40 $124,238.40 $49.13 $51.59 $54.17 $56.88 $59.73
$8,515.87 $8,942.27 $9,389.47 $9,859.20 $10,353.20
$102,190.40 $107,307.20 $112,673.60 $118,310.40 $124,238.40 $42.62 $44.76 $47.00 $49.35 $51.82
$7,387.47 $7,758.40 $8,146.67 $8,554.00 $8,982.14
$88,649.60 $93,100.80 $97,760.00 $102,648.00 $107,785.60 $44.37 $46.59 $48.92 $51.37 $53.94
$7,690.80 $8,075.60 $8,479.47 $8,904.14 $9,349.60
$92,289.60 $96,907.20 $101,753.60 $106,849.60 $112,195.20 $46.90 $49.25 $51.72 $54.31 $57.03
$8,129.34 $8,536.67 $8,964.80 $9,413.74 $9,885.20
$97,552.00 $102,440.00 $107,577.60 $112,964.80 $118,622.40 $42.83 $44.98 $47.23 $49.60 $52.08
$7,423.87 $7,796.54 $8,186.54 $8,597.34 $9,027.20
$89,086.40 $93,558.40 $98,238.40 $103,168.00 $108,326.40 $49.13 $51.59 $54.17 $56.88 $59.73
$8,515.87 $8,942.27 $9,389.47 $9,859.20 $10,353.20
$102,190.40 $107,307.20 $112,673.60 $118,310.40 $124,238.40 $49.00 $51.45 $54.03 $56.74 $59.58
$8,493.34 $8,918.00 $9,365.20 $9,834.94 $10,327.20
$101,920.00 $107,016.00 $112,382.40 $118,019.20 $123,926.40 $56.10 $58.91 $61.86 $64.96 $68.21
$9,724.00 $10,211.07 $10,722.40 $11,259.74 $11,823.07
$116,688.00 $122,532.80 $128,668.80 $135,116.80 $141,876.80 $41.98 $44.08 $46.29 $48.61 $51.05
$7,276.54 $7,640.54 $8,023.60 $8,425.74 $8,848.67
$87,318.40 $91,686.40 $96,283.20 $101,108.80 $106,184.00 $29.74 $31.23 $32.80 $34.44 $36.17
$5,154.94 $5,413.20 $5,685.34 $5,969.60 $6,269.47
$61,859.20 $64,958.40 $68,224.00 $71,635.20 $75,233.60
Strategic Transportation Engineering
Manager MC61
Supervising Accountant MC62
MC74Senior Traffic Engineer
Supervising Animal Services Officer MC63
Senior Civil Engineer MC55
Senior Engineer MC56
Senior Management Analyst MC82
Senior Human Resources Analyst MC57
Senior Internal Auditor MC58
Senior Planner MC59
(IT) Software Development
Supervisor MC60
Senior Civil Land Surveyor MC79

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54 CITY OF FONTANA

MANAGEMENT CONFIDENTIAL

HOURLY/MONTHLY/ANNUAL PAY SCHEDULE
Effective 04/23/2022
TITLE RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
$44.37 $46.59 $48.92 $51.37 $53.94 Hourly
$7,690.80 $8,075.60 $8,479.47 $8,904.14 $9,349.60 Monthly $92,289.60 $96,907.20 $101,753.60 $106,849.60 $112,195.20 Annual $44.37 $46.59 $48.92 $51.37 $53.94
$7,690.80 $8,075.60 $8,479.47 $8,904.14 $9,349.60
$92,289.60 $96,907.20 $101,753.60 $106,849.60 $112,195.20 $44.37 $46.59 $48.92 $51.37 $53.94
$7,690.80 $8,075.60 $8,479.47 $8,904.14 $9,349.60
$92,289.60 $96,907.20 $101,753.60 $106,849.60 $112,195.20 $40.16 $42.17 $44.28 $46.50 $48.83
$6,961.07 $7,309.47 $7,675.20 $8,060.00 $8,463.87
$83,532.80 $87,713.60 $92,102.40 $96,720.00 $101,566.40 $43.56 $45.74 $48.03 $50.44 $52.97
$7,550.40 $7,928.27 $8,325.20 $8,742.94 $9,181.47
$90,604.80 $95,139.20 $99,902.40 $104,915.20 $110,177.60 $41.87 $43.97 $46.17 $48.48 $50.91
$7,257.47 $7,621.47 $8,002.80 $8,403.20 $8,824.40
$87,089.60 $91,457.60 $96,033.60 $100,838.40 $105,892.80 $49.00 $51.45 $54.03 $56.74 $59.58
$8,493.34 $8,918.00 $9,365.20 $9,834.94 $10,327.20
$101,920.00 $107,016.00 $112,382.40 $118,019.20 $123,926.40 $43.26 $45.43 $47.71 $50.10 $52.61
$7,498.40 $7,874.54 $8,269.74 $8,684.00 $9,119.07
$89,980.80 $94,494.40 $99,236.80 $104,208.00 $109,428.80 $35.26 $37.03 $38.89 $40.84 $42.89
$6,111.74 $6,418.54 $6,740.94 $7,078.94 $7,434.27
$73,340.80 $77,022.40 $80,891.20 $84,947.20 $89,211.20
$61.80 $64.89 $68.14 $71.55 $75.13
$10,712.00 $11,247.60 $11,810.94 $12,402.00 $13,022.54
$128,544.00 $134,971.20 $141,731.20 $148,824.00 $156,270.40 $37.63 $39.52 $41.50 $43.58 $45.76
$6,522.54 $6,850.14 $7,193.34 $7,553.87 $7,931.74
$78,270.40 $82,201.60 $86,320.00 $90,646.40 $95,180.80
Supervising Technical Engineer MC67
Supervising Real Property Agent MC66
MC75Supervising Plans Examiner
MC65Supervising Code Enforcement
Inspector
Utilities & Streets Supervisor MC73
(IT) Systems Administrator MC70
(IT) Systems/Network Specialist MC71
Transportation Engineering Manager MC72
Supervising Traffic Systems
Specialist MC68
(IT) Support Supervisor MC69
Supervising Building Inspector MC64

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55 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1288 Agenda Date: 4/12/2022
Agenda #: D. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Accept perimeter CFD Landscape improvements for Duncan Canyon Road and Cypress Avenue for Tract No. 19961 & Tract No. 19962 & Tract 19962-1 within the Arboretum Specific Plan RECOMMENDATION:

Accept perimeter CFD Landscaping improvements for Duncan Canyon Road and Cypress Avenue for Tract No. 19961 & Tract No. 19962 & Tract No. 19962-1 within the Arboretum Specific Plan and Release related Faithful Performance Bonds
COUNCIL GOALS:
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· To invest in the city's infrastructure (streets, sewers, parks, etc.) by creating and promoting community through people, parks, and programs.

DISCUSSION:

North Fontana Investment Company, LLC was conditioned as part of MCN15-000065 to construct landscaping improvements along the perimeter of the established Community Facilities District (CFD) located along the frontage of Cypress Avenue between Duncan Canyon Road and Casa Grande Avenue also along Casa Grande Avenue between Cypress Avenue and Oak Grove Avenue which are part of Tract No. 19961, Tract No. 19962 & Tract No. 19962-1 within the Arboretum Specific Plan.

The CFD Landscaping has met all Conditions of Approval and the improvements were inspected by the Department of Engineering and Department of Public Works. Hence, staff recommends to accept perimeter CFD Landscape improvements for Tract No. 19961 & Tract No. 19962 & Tract 19962-1.

This action will also authorize the release of the Faithful Performance Bonds, which were posted to guarantee performance of the Subdivision Agreement. It will also authorize the release of the Labor and Material Bond after six months and the Warranty bond after twelve months, less the total of any claims received by this date.

FISCAL IMPACT:

As part of this action to accept as complete the improvement, the CFD Landscaping will be deemed complete and the City will take over operation and maintenance of the facilities and landscaping.

The annual cost is estimated at $273,000 for the fiscal year 2021/2022.

MOTION:

City of Fontana Printed on 4/5/2022Page 1 of 2
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56 File #: 21-1288 Agenda Date: 4/12/2022
Agenda #: D. Category: Consent Calendar
Approve staff recommendation
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57 Meadows Village at The Arboretum
Casa Grande Ave and Cypress Ave Landscape Bonds
Tract #'s: 19961, 19962, and 19962-1
• Casa Grande Ave:
o North side of street from Oak Grove Ave to Cypress Ave between wall/sidewalk & sidewalk/street
• Cypress Ave:
o West side of street from Casa Grande Ave to Duncan Canyon Road between wall/sidewalk & sidewalk/street
58 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1292 Agenda Date: 4/12/2022
Agenda #: E. Category: Consent Calendar
FROM:

Public Works
SUBJECT:

Adopt Resolution and Authorize the Deputy City Manager to Award Contract to Masterseal Corp. of San Clemente California, for Emergency Pool Deck Repair Work at the Village of Heritage Pool Facility
RECOMMENDATION:

COUNCIL GOALS:
· To operate in a businesslike manner by correcting problems immediately. · To invest in the city's infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.

DISCUSSION:

The existing pool deck coating at the Village of Heritage Pool was originally installed by Masterseal Corp. in 2007 as part of the Village of Heritage Community Center construction project. This coating is now 15 years old and has outlived its useful service life. There are numerous areas where the coating has separated from the underlying concrete presenting slip, trip and fall hazards for the users of the pool facility. The proposal for this work from Masterseal Corp. includes a 5-year warranty on labor and materials, with a projected minimum 10-year life expectancy for the new coating.

FISCAL IMPACT:

Funding for this project has been provided through a contract agreement with San Bernardino County, as approved by the City Council at the regular meeting on February 8th, 2022, and is available in Fund 396 LMD # 2 Village of Heritage more specifically in ORG 39638205.

MOTION:

Approve staff recommendation
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RESOLUTION NO. 2022 –

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA

AUTHORIZING EMERGENCY POOL DECK REPAIR WORK AT THE VILLAGE OF

HERITAGE POOL FACILITY
WHEREAS, an unsafe condition has been determined to exist at the Village of Heritage pool facility due to deterioration of the surface of the pool deck; and WHEREAS, Fontana Municipal Code section 10-136 provides that an “emergency” means a condition or possible safety condition which makes bidding procedures, either formal or informal, impracticable or not in the best interests of the City; and
WHEREAS, there is a need for immediate repair work on the pool deck to re- open the pool facility to the public in a timely manner; and WHEREAS, the proposed repair work is not a public project as that term is defined in California Public Contract Code section 20162; and WHEREAS, the contract may be awarded without competitive bidding per Fontana Municipal Code Sec.10-152(1); and
WHEREAS, the Public Works Department is recommending the award of a contract to Masterseal Corp. for said repair work in the amount of $219,500.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fontana, that the City Manager be and is hereby authorized to award said contract as listed above.

EFFECTIVE DATE: April 12th, 2022
APPROVED AND ADOPTED this 12th day of April, 2022.

READ AND APPROVED AS TO LEGAL FORM:

__________________________
City Attorney

I, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, do hereby certify that the foregoing Resolution is the actual Resolution duly and regularly adopted by the City Council of said City at a regular meeting thereof, held on April 12, 2022, by the following vote to wit:

AYES:

NOES:

ABSENT:

Page 2 of 2 ends

___________________________
City Clerk of the City of Fontana

___________________________
Resolution 2022-
Mayor of the City of Fontana

ATTEST:

________________________
City Clerk
61 Masterseal Corp.
949-355-5031
San Clemente, CA
Contractors License 810097

_____________________________________________________________________________________

BID PROPOSAL 2-20-2022 _____________________________________________________________

To: Michael Springer From: David DiBaggio, Owner City of Fontana
909-428-8811

Project: Heritage Pool Deck - 7350 West Liberty Parkway, Fontana ______________________________________________________________________________________

Scope of Work:

We propose to furnish all labor, material and equipment necessary to repair and resurface the concrete pool deck, approx. 12,700 square feet, with Crossfield Products Dex-O-Tex Auto Dex V system as follows:

1. Acid etch and neutralize deck to remove surface contaminants.

2. Grind deck to remove loose material.

3. Remove existing joint sealants, approx. 2,900 lineal feet.

4. Rout cracks and fill with epoxy.

5. Level up spalled concrete with acrylic cement.

6. Prime deck with 500 W epoxy primer.

7. Apply co-polymer cement bondcoat by trowel.

8. Apply SBR rubber waterproof membrane reinforced with polypropylene fabric.

9. Apply first topping coat co-polymer cement by trowel. Sand deck.

10. Apply second topping coat co-polymer cement by trowel. Sand deck.

11. Apply co-polymer cement texture by spray and knockdown method.

12. Seal expansion joints with polyether sealant over backer rod.

13. Apply two coats AJ 44 SR pigmented acrylic sealer.

See www.dex-o-tex.com for more information.
______________________________________________________________________________________

The Dex-O-Tex Auto Dex V system will restore this deck to like new condition. The fabric reinforced waterproof membrane in the system will keep water out of the concrete and provide maximum crack resistance. The polyether joint sealant is superior to polyurethane in terms of UV and chemical resistance. ______________________________________________________________________________________

TOTAL PRICE: $219,500 Prevailing wage included.

Warranty: (5) years labor and material. Life expectancy is 10-15 years with periodic maintenance (clean and seal every five years).

Working Time: (60) days/trips.

Workmanship: All work is supervised by owner and guaranteed neat and professional. Owner has over (45) years’ experience as a contractor and manufacturers rep in the waterproofing and special coatings industry.
______________________________________________________________________ ________________ 62 City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1280 Agenda Date: 4/12/2022
Agenda #: F. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve a Construction and Maintenance Agreement with Southern California Regional Rail Authority (SCRRA) for the construction of the Citrus Avenue at Ceres Avenue Traffic Signal Project..End RECOMMENDATION:

1. Approve and authorize City Manager to execute a Construction and Maintenance Agreement, with Southern California Regional Rail Authority in the amount of $250,000.00, for the construction of the Citrus Avenue at Ceres Avenue Traffic Signal Project (PN 3355).

2. Approve and authorize the City Manager to execute any future amendments to the Construction and Maintenance Agreement.

COUNCIL GOALS:
· To invest in The City's infrastructure (streets, sewers, parks, etc.) by maintaining and improving The City's existing infrastructure.
· To invest in The City's infrastructure (streets, sewers, parks, etc.) by providing for the development of new infrastructure.
· To invest in The City's infrastructure (streets, sewers, parks, etc.) by focusing on relief of traffic congestion.

DISCUSSION:

The City determined the need for a new traffic signal at the intersection of Citrus Avenue and Ceres Avenue to aid in circulation and ease congestion. This project is a component of a comprehensive transportation improvement and traffic management program. Due to its close proximity to the railroad, the project will not only construct a traffic signal at the intersection, but it will also include the installation of a signal at the at-grade Metrolink crossing just north of the intersection to prevent vehicular queuing across tracks.

SCRRA controls, administers, operates, and maintains the railroad track, structures, signals, communication systems, and appurtenances through this Citrus Avenue at-grade highway railroad crossing location.

A Construction and Maintenance Agreement by and between SCRRA and the City, in the amount of $250,000.00, is required prior to the start of the project for all inspection, labor and materials provided by SCRRA to support the installation of the signal and its appurtenances at the railroad crossing.

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63 File #: 21-1280 Agenda Date: 4/12/2022
Agenda #: F. Category: Consent Calendar
FISCAL IMPACT:

The project is possible through the current Local Measure I Program. The project is funded in Fiscal Year 2021-2022 in Local Measure I Fund No. 246 in Project No. 3355, Citrus-Ceres Traffic Signal Project.

MOTION:

Approve staff recommendation.

City of Fontana Printed on 4/7/2022Page 2 of 2
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64 N01 inch = 600 feet1200600PROJECT LOCATIONCITRUS AVE AND CERES AVE TRAFFIC SIGNAL PROJECT 65 CONSTRUCTION AND MAINTENANCE

AGREEMENT

for

CITRUS – CERES

INTERSECTION SIGNALIZATION

PROJECT

SOUTHERN CALIFORNIA REGIONAL RAIL

AUTHORITY (SCRRA)

AND THE

CITY OF FONTANA

COVERING THE

PUBLIC AT-GRADE HIGHWAY RAILROAD

CROSSINGS

ADJACENT TO RAILROAD FROM

SCRRA MILE POST 48.17 – SAN GABRIEL SUBDIVISION

IN OR NEAR

CITY OF FONTANA

SAN BERNARDINO COUNTY,

CALIFORNIA
66 Citrus & Ceres Intersection Signalization Project
Construction & Maintenance Agreement

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SCRRA Folder No.: S0000113

SCRRA Project No.: 860994

Construction and Maintenance Agreement
for
_________________________________

Citrus – Ceres Intersection Signalization Project
Mile Post 48.17 – San Gabriel Subdivision
City of Fontana
San Bernardino County, CA

Associated Crossings CPUC # DOT #
Citrus Avenue Highway-Rail Crossing 101SG-48.17 026147A

THIS Construction and Maintenance Agreement ("AGREEMENT") is made and entered into as of the __________ day of __________, 202___, by and between the SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY, a joint powers authority existing under the laws of the State of California ( hereinafter referred to as "SCRRA"), to be addressed at 900 Wilshire Blvd. Suite 1500, Los Angeles, CA 90017 and the CITY OF FONTANA, a general law city and a municipal corporation duly organized and existing under the laws of the Stat e of California (hereinafter referred to as “CITY”), to be addressed at City of Fontana , 8353 Sierra Avenue, Fontana, CA 9 2335. CITY and SCRRA may be referred to singly as “PARTY” and collectively as “PARTIES.”

RECITALS:

SCRRA is a five -county joint powers authority, created pursuant to California Public Utilities Code Section 130255 and California Government Code Section 6500 et seq., to build, maintain , administer, and operate the “METROLINK” commuter train system on railroad rights -of-way owned by the member agencies and through other shared use and joint operation agreements. The 67 Citrus & Ceres Intersection Signalization Project
Construction & Maintenance Agreement

Page 2 of 20 ends

five-county member agencies are comprised of the following: Los Angeles County Metropolitan Transportation Authority (“MTA”), Ventura County Transportation Commission (“VCTC”), Orange County Transportation Authority (“OCTA”), San Bernardino County Transportation Authority (“SBCTA”), and Riverside County Transportation Commission (“RCTC”).

SCRRA controls, administers, operates, and maintains the railroad track, structures, signals, communication systems, and appurtenances on the rail line known as the San Gabriel Subdivision in the area traversed by Citrus Avenue. SCRRA and the “Operating R ailroads” [as used herein “Operating Railroads" means any passenger or freight -related railroad company(s) operating on SCRRA track(s), including the National Railroad Passenger Corporation (AMTRAK), the Union Pacific Railroad Company (UPRR), and the Burlington Northern and Santa Fe Railway Company (BNSF)] operate trains and rail equipment through this at-grade highway railroad crossing location on right-of-way owned by SBCTA, in accordance with the Shared Use Agreement dated October 30, 1992, and the Agreement between SCRRA, its Member Agencies, and the National Railroad Passenger Corporation (Amtrak) and known as the “Intercity Agreement”.

The CITY desires to construct, maintain and operate traffic signals at the Citrus Ave and Ceres Avenue intersection and queue-cutter signals at the Citrus Ave highway -rail at-grade crossing, hereinafter referred to as the “PROJECT” as described in Exhibit B-1, attached hereto and made a part hereof as if incorporated herein. The PROJECT is located on Citrus Avenue between Arrow Boulevard and Merrill Avenue in the City of Fontana . The PROJECT is on the SCRRA’s San Gabriel Subdivision right-of-way at mile post 48.17. Presently, the CITY occupies the SBCTA right-of-way with an highway-rail at-grade crossing that carries vehicular traffic on Citrus Avenue, while both SCRRA and the BNSF operate trains along the SBCTA right-of-way. There is one highway-rail at -grade crossing within the PROJECT and it is Citrus Avenue Highway-Rail Crossing (CPUC No. 101SG – 48.17, DOT No. 026147A).

The general arrangement, type, size, plan, profile, section and location of the at -grade highway- railroad crossing proposed by the CITY are shown on the location print marked as Exhibit B -2.

The detailed plans and specifications of the PROJECT are to be included in this AGREEMENT are collectively marked as Exhibit B-3 and Exhibit B-4 inclusive. 68 Citrus & Ceres Intersection Signalization Project
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SCRRA and the CITY are entering into this AGREEMENT to cover the PROJECT as described above, and as contained in the attached Exhibits.

AGREEMENT

NOW, THEREFORE, it is mutually agreed by and between the PARTIES hereto as follows:

ARTICLE 1 - LIST OF EXHIBITS

The exhibits below are attached to and made a part of this AGREEMENT as if set forth in their entirety:

Exhibit A Standard Terms and Conditions
Exhibit B-1 Detailed Description of PROJECT
Exhibit B-2 Railroad Location Print
Exhibit B-3 PROJECT Plans
Exhibit B-4 PROJECT Specifications

Exhibit B-5 SCRRA Form of Approval for CITY WORK PS&E
Exhibit B-6 List of CITY Design and Contractor Submittals Requiring SCRRA Review
Exhibit C-1 Easements of CROSSING AREAS
Exhibit C-2 Plats of Easement and Legal Descriptions
Exhibit D-1 CITY Scope of Work and Estimate (“CITY WORK”) Exhibit D-2 SCRRA Scope of Work and Estimate (“RAILROAD WORK”) Exhibit E-1 SCRRA Highway-Rail Grade Crossings Manual, Standards, and Criteria
Exhibit E-2 Requirements of the Contractor(s)
Exhibit E-3 SCRRA Form 6 -Temporary Right-of-Entry Agreement and & SCRRA Insurance Requirements
Exhibit F Funding Schedule

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ARTICLE 2 - RESERVED

ARTICLE 3 – PLANS AND SPECIFICATIONS

3.1 SCRRA, at the sole cost and expense of the CITY, has prepared, or caused to be prepared, the detailed P lans, Specifications, and E stimates (the “PS&E”) for the changes, additions, or alterations to existing SCRRA signals facilities required in connection with the PROJECT which is more fully described in Exhibit D-2 (the “RAILROAD WORK”) - SCRRA Scope of Work and Estimate.

3.2 The CITY shall comply with all SCRRA terms and conditions that are described in Exhibits E-1, through and including Exhibit E-3, and other special guidelines that SCRRA may provide to the CITY for this PROJECT for any work performed by the CITY or a contractor(s) to the CITY.

3.3 CITY has prepared the PS&E for the design of the roadway, traffic signals, queue -cutter signals, and appurtenances in connection with the PROJECT, which is more fully described in EXHIBIT D-1 (the “CITY WORK”).

3.4 SCRRA has reviewed the PS&E for the CITY WORK to ensure general conformance with SCRRA standards and requirements. No changes in the final approved PS&E of the CITY WORK may be made unless SCRRA has consented to the proposed changes in writing. 70 Citrus & Ceres Intersection Signalization Project
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ARTICLE 4 – SCRRA REQUIREMENTS

4.1 The CITY, at its sole cost and expense, shall comply and ensure that its employee(s), consultant(s), and contractor(s) comply, at all times when on or adjacent to the rail right- of-way, with the rules and regulations, as contained in the current editions of the following documents, which are otherwise known as “REFERENCES”, as incorporated in this document as if they were set full in this paragraph, and incorporated in this AGREEMENT by reference. These documents are described and can be accessed through SCRRA’s website www.metrolinktrains.com , as the following:

• General Safety Regulations for Third Party Construction and Maintenance Activity on SCRRA Member Agency Property
• Applicable SCRRA Engineering Standards

4. 2 The CITY and all employee(s), consultant(s), and contractor(s) employed by the CITY shall ensure compliance with the terms and conditions of the AGREEMENT for work specified in this Article. SCRRA requires all CITY employee(s), consultant(s) and contractor(s) working on the PROJECT to attend the SCRRA Safety Training for Roadway Worker Protection (“RWP”), as a mandatory prerequisite to enter the railroad right-of-way or perform any work outside the railroad right-of-way with potential to affect rail operations and comply with the SCRRA Safety Rules while on railroad property.

4.3 SCRRA representatives may make inspections and conduct tests to judge the effectiveness of the safety training, and compliance with SCRRA requirements, in accordance with SCRRA’s Efficiency Testing Program, in compliance with 49 CFR 214 – Railroad Workplace Safety Regulations and SCRRA Third Party Work Rules. The employee(s), consultant(s) , and contractor(s) shall cooperate with SCRRA, Fede ral, and State representatives at all times.

Disregard for, or failure to comply with, the requirements of 49 CFR 214 – Railroad Workplace Safety regulations, or SCRRA third- party safety requirements, may result in the removal of an offending individual(s) from the SCRRA Right-of-Way. Egregious or repeated disregard for any safety rule or requirement may result in the termination of the Right-of-Entry Agreement.

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ARTICLE 5 – MAINTENANCE BY CITY

5.1 CITY shall maintain, repair and renew the at-grade highway-railroad CROSSING AREAS within their respective boundaries starting at two (2) feet outside of the rails of each track. When two or more tracks are involved, SCRRA shall maintain, at its expense, the area between the tracks where the distance betw een the center lines of tracks is fifteen (15) feet or less measured at the center line of the highway, normal to the tracks. CITY shall maintain and repair, at CITY’s expense, any street improvements, including street lighting, sidewalks, curb and gutters , raised medians and traffic striping , traffic signals and signage within the at -grade highway -railroad CROSSING AREAS. This work shall be done pursuant to CPUC General Order 72-B.

5.2 CITY shall share equally with SCRRA the maintenance cost of the railroad crossing warning signals and signal controls in accordance with California Public Utilities Code (CPU Code) §1202.2, except that CITY’s liability thereof shall be limited to such funds as may be set aside for allocation through the CPUC, pursuant to CPU C ode §1231.1. SCRRA shall submit annual invoices to the CPUC for CITY’s share of the maintenance costs of the railroad crossing warning signals and signal controls, which costs shall be paid by the CPUC pursuant to CPU Code §1231.1. This results in no direct cost to the CITY for the maintenance of the automatic warning devices.

ARTICLE 6 – SCOPE OF WORK BY THE CITY

6.1 The CITY WORK to be performed by the CITY is described in Exhibit D-1 – CITY Scope of Work (hereinafter referred to as “CITY WORK”).

6.2 The CITY shall also make any and all arrangements for the installation or relocation o f wire lines, pipe lines, advertising signs, and other facilities owned by private persons, companies, corporations, political subdivisions or public utilities other than SCRRA, which may be necessary for the construction of the PROJECT . CITY shall be responsible for any and all costs associated with these installations, relocations or takings, at no cost to SCRRA.

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6.3 The CITY shall be responsible for the removal and remediation of any and all contaminated or hazardous material encountered implementing the CITY WORK within the limits of the PROJECT and the CROSSING AREAS within each respective right -of way in accordance with applicable law or regulation.

ARTICLE 7 – SCOPE OF WORK AND ESTIMATE BY SCRRA

7.1 The RAILROAD WORK to be performed by SCRRA is described in Exhibit D -2 – SCRRA Scope of Work and Estimate , is estimated to be in the amount of Two-Hundred Fifty Thousand Dollars and Zero Cents ($250,000.00). All PROJECT work performed by SCRRA, and the cost of the PROJECT will be at the sole cost and expense of the CITY including any overage beyond the estimated cost for the RAILROAD WORK.

7.2 Upon execution of the AGREEMENT and receipt from the CITY of a written notice to proceed with the RAILROAD WORK and full funding deposit, SCRRA will place orders for any needed materials or equipment, and issue contracts or task orders for any adjustment of SCRRA facilities necessary to permit construction of the PROJECT. Orders for ma terials, new contracts for construction, or task orders under existing contracts, will be issued in accordance with SCRRA procurement policies and the laws and regulations governing public agency contracts applicable to SCRRA.

7.3 SCRRA at CITY’s expense shall be responsible for the necessary removal and remediation of any and all contaminated or ha zardous material within the limits of the PROJECT which are within SBCTA right of way in accordance with applicable law or regulation. CITY shall provide SCRRA with prompt written notice of any contaminated or hazardous material, the source of which is in the SBCTA right of way.

ARTICLE 8 – CONSTRUCTION BY THE CITY

8.1 The CITY shall furnish, or cause to be furnished, all labor, materials, tools, equipment, and superintendence for the performance of the CITY WORK for which the CITY is responsible. 73 Citrus & Ceres Intersection Signalization Project
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8.2 The CITY shall provide a full -time resident engineer (RE) with experience in at -grade highway-railroad grade crossing projects on the PROJECT site during construction.

The RE must be an engineer licensed in the State of California and must have the authority to provide direction to the contractor(s) employed by the CITY, and to commit the CITY within a reasonable scope of authority.

It’s expected the RE will:
• Coordinate with SCRRA Staff and SCRRA Project Manager. • Ensure Contractor’s Compliance with SCRRA Safety Rules. • Support SCRRA Project Manager in ensuring appropriate permits and Site Specific Work Plans are in place and approved before advancing construction. • Stop any work whenever necessary to protect life safety and SCRRA property. • Reject materials and workmanship that do not conform to SCRRA Engineering Standards and Specifications.
• Direct unacceptable work to be removed and replaced with acceptable work. • Communicate and coordinate with the RWIC or flagging manager including scheduling flagging protection, work windows and Form B protection. • Ensure that all work shall be performed per SCRRA On- Track Safety Manual, GCOR, Cal OSHA, and all other guidelines that may apply to the tasks being performed.

Inspector(s) shall document and notify the contractor and SCRRA of non-compliant work. • Assist in coordinating the CITY WORK and work performed by SCRRA track and signal contractors at the CROSSING AREA.

The RE must have the following qualifications:
• Field experience in the areas above and have performed similar duties on an active Commuter or Class I Railroad.
• Field experience from a minimum of five at- grade highway -rail crossings construction projects on an active Commuter or Class I Railroad, preferably on SCRRA’s network. • A strong adherence to safety when working on and around operating railroads. 74 Citrus & Ceres Intersection Signalization Project
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• The ability and willingness to work when construction occurs during nights and weekends when there is less train activity.
• Actual field experience in earthwork, pavements, striping, signage, fencing, track work, site utilities, drainage, concrete, and structural steel. • Experience in coordination of RAILROAD WORK and CITY WORK within the CROSSING AREA.
• A basic understanding of the railroad signal system at the at- grade crossing. This includes the layout of the gates, loops, pull-boxes, conduits, houses and flashers, and order of which the elements at the crossing are installed.
• Familiar with SCRRA Engineering Standards and Specifications. • Understanding of SCRRA Operations. This includes Absolute Work Windows, Form B, Track & Time and potential impact from the construction to the train operations.

8.3 The CITY must supervise and inspect the operations of all contractor(s) employed by the CITY to assure compliance with the CITY WORK plans and specifications approved by SCRRA, the terms of this AGREEMENT, and all safety requireme nts of SCRRA. If SCRRA determines that proper supervision and inspection is not being performed by CITY personnel at any time during construction of the PROJECT, SCRRA has the right to stop construction (within or adjacent to its operating right-of-way). Construction of the PROJECT will not proceed until CITY corrects the objectionable condition or activity to the reasonable satisfaction of SCRRA. If SCRRA believes that the condition or activity is not being corrected in an expeditious manner, SCRRA will immediately notify the CITY, and the CITY agrees to immediately institute appropriate corrective action.

8.4 The CITY shall incorporate the requirements of Exhibit E-1, through and including Exhibit E-3 into each prime contract for construction of the PROJECT. The CITY shall exercise its authority as a PARTY to any contract for construction into which it enters: to ensure that its contractor(s) conforms with the requirements listed in Exhibit E-1, through and including Exhibit E-3, and to ensure that the operations, right-of-way, property, or other facilities of SCRRA, or the operations, property or facilities of others occupying or using SCRRA right-of-way, are protected at all times.

All work done by the CITY, or its contractor(s), on the right-of-way of SCRRA shall be done in a manner satisfactory to SCRRA.
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8.5 If needed, SCRRA and CITY shall establish mutually agreeable railroad work windows for the PROJECT prior to advertising the PROJECT for bid. To facilitate scheduling for the PROJECT, CITY shall require its contractor(s) to give SCRRA’s representative one hundred and five (105) calendar days advance notice of the proposed times and dates for any absolute work windows, whereby all railroad operations are suspended, to which SCRRA has agreed. Should, it become impracticable to provide the work window on the dates established due to train operations, service obligations, or other reasons provided in this AGREEMENT, SCRRA will provide the work window at the next reasonable available opportunity. SCRRA shall not be responsible for any additional costs and expenses resulting from a change in work windows.

8.6 The CITY shall furnish copies of the contractor(s) furnished submittals listed in Exhibit B-6 to SCRRA for review and approval prior to proceeding with the work covered by the submittals. Upon approval of the CITY, the contractor(s) may make the submittals directly to SCRRA PM. SCRRA shall be allowed forty-five (45) calendar days to complete its review of any submittals.

8.7 The CITY must notify SCRRA's Assistant Director – Construction Public Projects – Program Delivery Department of SCRRA, in writing, of the date on which CITY and its contractor(s) will meet with SCRRA for the purpose of making final inspection of the PROJECT. In addition, the CITY must advise SCRRA within fifteen (15) calendar days of the date that the CITY makes final acceptance of the PROJECT.

ARTICLE 9 – FUTURE QUIET ZONE

9.1 Should the CITY in the future desire a quiet zone at the CROSSING AREA, CITY must formally provide a written request for the installation of quiet zone at -grade highway -railroad crossing improvements to SCRRA. SCRRA, at CITY’s sole cost and expense, will include all the additional safety enhancements requir ed for quiet zone requirements for the at -grade highway- railroad crossings as contained in this PRO JECT in order to qualify the crossings for quiet zone implementation. In doing so, the estimated costs for any future work to be performed by SCRRA will be determined and included in an amendment to this AGREEMENT or another agreement to cover any contemplated quiet zone safety enhancements as well as any additional cost to SCRRA that will be reimbursed by CITY, as a result of this additional work. 76 Citrus & Ceres Intersection Signalization Project
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9.2 CITY further acknowledges that if it elects to establish a quiet zone within its jurisdictional boundaries pursuant to the Federal Railroad Administration (“FRA”) and SCRRA’s Quiet Zone Implementation Guidelines and Procedures adopted April 21, 2006, CITY shall follow SCRRA’s Quiet Zone Implementation Criteria , which will be incorporated as though fully set forth herein into this AGREEMENT through a written amendment executed by the CEO or other similar officer of each of the PARTIES with delegated authority to ex ecute such amendments to the AGREEMENT.

ARTICLE 10 – DISTRIBUTION OF COSTS

10.1 The source of funding for the PROJECT may include federal, state and local funds. All contracts, expenses and invoicing for this PROJECT shall meet the requirements of the funding and agreements attached to this AGREEMENT as Exhibit F.

10.2 If the CITY will be receiving any federal funding for the PROJECT , the current rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B are incorporated into this AGREEMENT by reference, and construction work by the CITY and its contractor(s) shall be performed, and any reimbursement to SCRRA for work it performs, shall be made in accordance with the Federal Aid Policy Guide.

10.3 Notwithstanding any provision of 23 CFR 210, the CITY agrees to assume, in accordance with 23 CFR 210 (d), all responsibility for any and all shares of the cost for which SCRRA might otherwise be responsible. SCRRA shall not, in any event, be required to commit its own funds or that of its member agencies to the PROJECT.

ARTICLE 11 – PAYMENT FOR SCRRA WORK (RAILROAD WORK)

11.1 Upon the execution of this AGREEMENT and prior to any PROJECT work commencing, the CITY shall deposit $250,000 with SCRRA for the RAILROAD WORK, representing 100% of estimated SCRRA project costs contained in Exhibit D-2 – SCRRA Scope of Work and Estimate. 77 Citrus & Ceres Intersection Signalization Project
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During the construction of the PROJECT, SCRRA will send CITY at a minimum quarterly progress statements detailing the costs of the RAILROAD WORK performed by SCRRA under this AGREEMENT. If at any time, the actual cost, including the estimated allocated overhead, exceeds eighty percent (80%) of the amount estimated in Exhibit D-2 and SCRRA determines that additional funds will be needed to complete the PROJECT , SCRRA shall notify the CITY and provide an updated estimate for approval . Once approved by the CITY, an amendment to this AGREEMENT shall be executed to fund the additional estimated cost. Progress statements shall be sent to:

Jazmine Pena
Assistant Engineer
City of Fontana, Engineering
8353 Sierra Ave
Fontana, CA 92335

11.2 Until SCRRA receives formal approval of its final overhead rates, the Federal Transit Administration provisional overhead rate will be provided for cost estimation and budgeting purposes. SCRRA will invoice utilizing the Federal Transit Administration provisional overhead rate until the Federal Transit Administration, SCRRA’s cognizant audit agency, has approved the final rate at the completion of its audit, at which time SCRRA will reconcile all previous invoices and make adjustments where appropriate. Upon completion of the PROJECT, and after the SCRRA overhead rate for each period covering the construction of the PROJECT is approved by the cognizant audit Agency, SCRRA will send CITY a detailed statement of final costs, segregated as to labor and materials for each item in the recapitulation shown on Exhibit D-2.

11.3 SCRRA, if it so elects, may recalculate and update the RAILROAD WORK estimate in Exhibit D-2 in the event the CITY does not commence construction on the portion of the PROJECT located on the right -of-way of SCRRA within six (6) months from the date of the RAI LROAD WORK.

11.4 CITY acknowledges that the RAILROAD W ORK estimate contained in Exhibit D -2, includes an estimate of the flagging costs provided by SCRRA for work on SBCTA right-of-way and in the vicinity of the CROSSING AREA that is to be paid by CITY in connection with the 78 Citrus & Ceres Intersection Signalization Project
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PROJECT. Any additional cost of flagging incurred by SCRRA or the CITY is to be paid by the CITY. In the event of new construction and maintenance, SCRRA at the sole cost and expense of the CITY, shall coordinate with the CITY in providing flagging. The CITY shall coordinate with the appropriate SCRRA representative for flagging.

11.5 Notwithstanding the amount of the RAILROAD WORK provided by SCRRA, the CITY agrees to reimburse SCRRA for one hundred percent (100%) of all actual and documented costs incurred by SCRRA in connection with the PROJECT including, but not limited to, actual costs of construction inspection, procurement of materials, equipment rental, manpower and deliveries to the job site and all of the normal and customary additives applicable to SCRRA (which shall include direct and indirect overhead costs) associated therewith.

ARTICLE 12 - CONTRACTOR'S RIGHT OF ENTRY PERMIT AND INSURANCE

12.1 Entry onto the SCRRA right-of-way by either CITY or its contractor(s) shall at all times be subject to the current (at time of entry) requirements for entering the SCRRA right-of-way and the SCRRA procedures and requirements for securing railway flagging or other protective services.

12.2 The CITY shall incorporate the provisions set forth in Exhibit E-1, through and including Exhibits E-3 into each contract for any work involving construction of the PROJECT or future maintenance work. The CITY shall further require that each of its contractor(s) comply with the requirements set forth in Exhibit E-1, through and including Exhibits E-3, in this AGREEMENT.

12.3 If the CITY retains a contractor(s) to perform any work involving the PROJECT (including initial construction and any subsequent relocation or maintenance and repair work), the CITY shall require the contractor(s) to:

a) Execute SCRRA "Form 6 – Temporary Right-of Entry-Agreement" or similar form of AGREEMENT as adopted by SCRRA at the time that any future work is performed without modification. A copy of SCRRA Form 6 as currently adopted by SCRRA is included with this AGREEMENT as Exhibit E-3.
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b) Furnish and provide the bonds, insurance policies, certificates, binders, endorsements or combinations thereof in accordance with the insurance requirements accompanying SCRRA "Form 6 – Temporary Right-of Entry-Agreement" and as described in Exhibit “A” of Exhibit E-3.

12.4 The CITY shall not allow any contractor(s) to commence any work in the CROSSING AREAS or on any other portion of the SCRRA right-of-way until the contractor(s) has provided the required insurance and the right-of-entry is approved and signed by SCRRA.

12.5 All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to:

SCRRA
2558 Supply Street
Pomona, CA 91767

12.6 The CITY may not self-insure any portion of the insurance coverage for work performed by the employees of the CITY without prior approval of SCRRA.

12.7 Under no circumstances will personnel, equipment, or material of a contractor(s) or the CITY be allowed on the SCRRA right-of-way without providing the insurance required by this article and arranging for flagging or other protective services.

ARTICLE 13- EFFECTIVE DATE; TERM AND TERMINATION.

13.1 This AGREEMENT shall become effective as of t he date signed by SCRRA , and shall continue in full force and effect for as long as the at-grade CROSSING AREAS exists.

13.2 In the event the CITY does not commence construction on the portion of the PROJECT located on the CROSSING AREAS within twelve (12) months of the effective date of the AGREEMENT, SCRRA may, if it so elects, terminate this AGREEMENT effective upon delivery of thirty (30) calendar days written notice to the CITY. 80 Citrus & Ceres Intersection Signalization Project
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13.3 Either SCRRA or CITY may suspend its performance, under this AGREEMENT if it becomes impracticable to proceed because of the lack of funding or restrictions on the distribution of funds.

13.4 If the AGREEMENT is terminated or suspended as provided above, or for any reason, the CITY shall pay to SCRRA all actual costs incurred by S CRRA or its contractor(s) in connection with the PROJECT up to the date of termination or suspension, including, without limitation, all actual costs incurred by SCRRA, including allocated overhead.

ARTICLE 14 - CONDITIONS PRECEDENT TO START OF WORK

14.1 Neither the CITY nor any contractor(s) retained by the CITY may commence any CITY WORK within the CROSSING AREAS until all of the following have occurred:

a) SCRRA and the CITY have executed this AGREEMENT;

b) SCRRA has provided to the CITY SCRRA’s final written approval of the CITY WORK PS&E;

c) Each contractor(s) has executed SCRRA "Form No. 6 - Temporary Right-of- Entry Agreement" and has obtained and provided to SCRRA the insurance policies, certificates, binders, endorsements, or a combination thereof set forth in the "Form 6 – Temporary Right-of-Entry Agreement; and

d) All required sums for payment of SCRRA as described in Article 11.1 have been deposited with SCRRA.

ARTICLE 15 - INDEMNIFICATION

15.1 Neither SCRRA, nor the Operating Railroads, nor any of SCRRA’s board members, 81 Citrus & Ceres Intersection Signalization Project
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member agencies, officers, agents, volunteers, contractor(s), or employees shall be responsible for any damage or liability occurring by reason of any acts or omissions on the pa rt of CITY under or in connection with any aspect of the PROJECT, CITY WORK, authority or obligation agreed to by the CITY under this AGREEMENT. The CITY shall indemnify, defend and hold harmless SCRRA, any Operating Railroads, as identified by SCRRA, as well as their respective board members, member agencies, officers, agents, volunteers, contractor(s,) and employees (“SCRRA Indemnitees”) from any and all liability, loss, expense (including reasonable attorneys’ fees and other defense costs), demands, suits, liens, damages, costs, claims, including but not limited to, claims for bodily injury, death, personal injury, or property damage, that are incurred by or asserted against the SCRRA Indemnitees arising out of or connected with any negligent acts or omissions on the part of the CITY, its council, officers, agents, contractor(s), or employees under or in connection with any aspect of the PROJECT, CITY WORK, authority or obligation agreed to by the CITY under this AGREEMENT. This indemnity shall survive completion of the PROJECT, CITY WORK, and RAILROAD WORK and termination of this AGREEMENT.

15.2 Neither the CITY, nor its council, officers, agents, contractor(s), or employees shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of SCRRA under or in connection with any RAILROAD WORK, work, authority or obligation agreed to by SCRRA under this AGREEMENT. SCRRA shall indemnify, defend and hold harmless CITY, as well as their respective council, officers, agents, contractor(s), and employees (“CITY Indemnitees”) from any and all liability, loss, expense (including reasonable attorneys’ fees and other defense costs), demands, suits, liens, damages, costs, claims, including but not limited to, claims for bodily injury, death, personal injury, or property damage, that are incurred by or asserted against the CITY Indemnitees arising out of or connected with any negligent acts or omissions on the part of SCRRA, its board members, officers, agents, volunteers, contractor(s) or employees under or in connection with any aspect of the RAILROAD WORK, authority or obligation agreed to by SCRRA under this AGREEMENT. This indemnity shall survive completion of the PROJECT , CITY WORK and RAILROAD WORK and termination of this AGREEMENT.

15.3 In contemplation of the provisions of Government Code §895.2 imposing certain tort liability jointly upon public entities solely by reason of such entities being PARTIES to an 82 Citrus & Ceres Intersection Signalization Project
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agreement, as defined in Government Code §895, each of the PARTIES hereto, pursuant to the authorization contained in Government Code §895.4 and §895.6, will assume the full liability imposed upon it or any of its officers, agents or employees by law for injury caused by any negligent or wrongful act or omission occurring in the performance of this AGREEMENT to the same extent that such liability would be imposed in the absence of §895.2 of such code. To achieve this purpose, each other agrees to indemnify and hold harmless each other for any cost or expense that may be imposed upon each other solely by virtue of said §895.2. The provisions of Civil Code §2778 are made a part hereof as if incorporated herein.

ARTICLE 16 - GENERAL PROVISIONS

16.1 This AGREEMENT shall continue in force and effect unless otherwise provided herein, until mutual termination by the PARTIES or the elimination or removal of an at-grade highway railroad crossing, whichever occurs first. The covenants and provisions of this AGREEMENT shall be binding upon and inure to the benefit of the successors and assigns of CITY and SCRRA.

16.2 This AGREEMENT may be modified or amended only in writing. All modifications, amendments, changes and revisions of this AGREEMENT, in whole or part and from time to time, shall be binding upon the PARTIES, so long as the same shall be in writing and executed by the CITY and SCRRA.

16.3 This AGREEMENT and the exhibits attached hereto contain the entire understanding between the PARTIES and supersede any prior written or oral understanding and agreement between them regarding the s ubject matter of this AGREEMENT . There are no representations, agreements, arrangements or understandings, oral or written, between the PARTIES relating to the subject matter of this AGREEMENT, which are not fully expressed herein.

16.4 The PARTIES to this AGREEMENT shall maintain all records associated with the PROJECT for the period of three (3) years from the date of the final invoice in accordance with 23 CFR 645. If funding is provided by State and FHWA, under Section 130, the books pertaining to the work shall be open to inspection and audit by representatives of the State and FHWA for three (3) years after FHWA 83 Citrus & Ceres Intersection Signalization Project
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payment of final invoice. Furthermore, each PARTY shall make all records available for audit by SCRRA, or CITY, or Federal auditors, or all or any combination. All audits are to be performed in accordance with audit principles and standards as set forth in 48 CFR, Chapter 1, Part 31.

16.5 In addition to the specific provisions of this AGREEMENT, delay in performance by any PARTY hereunder shall not be a default where delays or defaults are due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; weather; fires; casualties; accidents; emergencies; acts of God; acts of the public enemy; epidemics; pandemics; quarantine restrictions; freight embargoes; lack of transportation; unusually severe weather; Federally-mandated inspections and maintenance; and/or any other causes beyond the control or without the fault of the PARTY claiming an extension of time for any such cause. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of commencement of the cause. If, however, notice by the PARTY claiming such extension is sent to the other PARTY more than thirty (30) calendar days after the commencement of the cause, the period shall commence to run only thirty (30) calendar days prior to the giving of such notice.

16.6 The execution and delivery of this AGREEMENT by each PARTY and the consummation of the transactions contemplated hereby are within the power of each PARTY and have been duly authorized by all necessary actions of each respective PARTY.

16.7 In the event any part of this AGREEMENT is declared by a court of competent jurisdiction to be invalid, void or unenforceable, such part shall be deemed severed from the remainder of this AGREEMENT and the balance of this AGREEMENT shall remain in effect.

16.8 This AGREEMENT shall be construed and interpreted under the laws of the State of California.

16.9 The article and section headings in this AGREEMENT are for convenience only and shall not be used in its interpretation or considered part of this AGREEMENT.

16.10 Any notice sent by first class mail, postage paid, to the address and addressee, shall be deemed to have been given when in the ordinary course it would be delivered. The representatives of the 84 Citrus & Ceres Intersection Signalization Project
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PARTIES who are primarily responsible for the administration of this AGREEMENT, and to whom notices, demands and communications shall be given, are as follows:

CITY: SCRRA:

Jeffery Kim Andrew Althorp
Engineering Manager Assistant Director, Construction
Public Project

City of Fontana SCRRA/Metrolink
8353 Sierra Avenue 2558 Supply Street
Fontana, CA 92335 Pomona, CA 91767
E-mail: [email protected]
E-Mail: [email protected]
Telephone: (909) 350-6724 Telephone: (909) 593-6973

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IN WITNESS WHEREOF, the PARTIES have caused this AGREEMENT to be duly executed in by their duly qualified and authorized officials.

SOUTHERN CALIFORNIA REGIONAL CITY OF FONTANA

RAIL AUTHORITY

By: ________________________________ By: ______________________________ Darren M. Kettle Shannon Yauchzee
Chief Executive Officer Interim City Manager

Date: ________________________________ Date: _______________________________

APPROVED AS TO FORM: APPROVED AS TO FORM:

By: ______________________________ By: ______________________________ Don O. Del Rio Ruben Duran
General Counsel City Attorney

Date: ________________________________ Date: _______________________________

86 EXHIBIT A

To Construction and Maintenance Agreement
Citrus – Ceres Intersection Signalization
Project
Cover Sheet for the

Standard Terms and Conditions

87 Citrus – Ceres Intersection Signalization C&M Agreement Exhibit A Page 2

EXHIBIT A

To Construction and Maintenance Agreement

TERMS AND CONDITIONS

SECTION 1 - CONDITIONS AND COVENANTS

a) SCRRA makes no covenant or warranty of title for quiet possession or against encumbrances. The CITY shall not use or permit use of the CROSSING AREA for any purposes other than those described in this AGREEMENT. Without limiting the foregoing, the CITY s hall not use or permit use of the CROSSING AREA for other railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on SBCTA's right-of-way by or under authority of the CITY for the purpose of conveying electric power or communicati ons incidental to the CITY's use of the right -of-way for highway purposes shall be constructed in accordance with specifications and requirements of SCRRA, and in such manner as not adversely to affect communication or signal lines of SCRRA or its licensees now or hereafter located upon said right-of-way. No non -party shall be admitted by the CITY to use or occupy any part of SBCTA 's right-of-way without SCRRA's written consent. Nothing herein shall obligate SCRRA to give such consent.

b) The right here by granted is subject to any existing encumbrances and rights (whether public or private), recorded or not, and also to any renewals thereof. The CITY shall not damage, destroy or interfere with the right-of-way or rights of nonparties in, upon or relating to the SBCTA right-of-way, unless the CITY at its own expense settles with and obtains releases from such nonparties.

c) SCRRA and its member agencies reserve the right to use and to grant to others the right to use the CROSSING AREA for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the right-of-way; also the right to cross the CROSSING AREA with all kinds of equipment. SCRRA further reserves the right to attach signal, communication or power lines to any highway facilities located upon the SBCTA right-of-way, provided that such attachments shall comply with CITY's specifications and will not interfere with the use of the CROSSING AREA.

d) So far as it lawfully may do so, the CITY will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the 88 Citrus – Ceres Intersection Signalization C&M Agreement Exhibit A Page 3

CROSSING AREAS, excepting taxes levied upon and against the right -of-way as a component part of SCRRA's operating right-of-way.

e) If any property or rights other than the right granted by this AGREEMENT and the attached easements or licenses a re necessary for the construction, maintenance and use of the s tructure and its appurtenances, or for the performance of any work in connection with the PROJECT, the CITY will acquire all such other property and rights at its own expense and without expense to SCRRA.

SECTION 2 - CONSTRUCTION OF PROJECT

a) All work contemplated in this AGREEMENT must be performed in a good and workmanlike manner and each portion must be promptly commenced by the PARTY obligated by this AGREEMENT to perform the work. All work must be diligently prosecuted to conclusion in its logical order and sequence. All changes or modifications proposed during construction which affect SCRRA or the interests of SCRRA will be subject to SCRRA's approval prior to the commencement of work on all such changes or modifications.

b) Except as may be otherwise specifically provided herein, the CITY, at its expense, shall furnish all necessary labor, material tools, equipment, and superintendence, and shall construct and complete the PROJECT. The appurtenances shall include, without limitation, all necessary and proper drainage facilities, guard rails or barriers, and right-of-way fences between the Structure and the SCRRA tracks.

Upon completion of the PROJECT, the CITY shall remove from SBCTA's right-of-way all temporary structures and false work, and will leave the CROSSING AREA and adjacent right-of-way in a condition satisfactory to SCRRA.

c) The CITY, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the PROJECT, and will furnish SCRRA upon request with satisfactory evidence that such authority has been obtained. The CITY shall act as the lead agency on all planning, zoning, environmental approval and permitting activities required by State or Federal law and shall obtain and pay for all other permits and licenses required by law or regulation for the PROJECT.

d) All construction work of the CITY upon SBCTA's right-of-way (including, but not limited to, construction of the PROJECT) shall be performed and completed in a manner satisfactory to SCRRA in accordance with the PS&E for the CITY WORK, SCRRA’s Minimum Requirements set forth in Exhibit B-5, 89 Citrus – Ceres Intersection Signalization C&M Agreement Exhibit A Page 4

B-6, D-1, E-1, E-2, E-3 and other guidelines or standards furnished by SCRRA.

e) CITY shall require its contractor(s) to reasonably adhere to the construction schedule adopted for all PROJECT work. Reasonable time must be allowed in the schedule for SCRRA to perform the RAILROAD WORK for which it is responsible. However, regardless of the requirements of the construction schedule, SCRRA reserves the right to reallocate the labor forces assigned to complete the RAILROAD WORK in the event of an emergency to provide for the immediate restoration of railroad operations or to protect persons or property on or near any SCRRA owned property. SCRRA will not be liable for any additional costs or expenses resulting from any such reallocation of its labor forces. The PARTIES mutually agree that any reallocation of labor forces by SCRRA pursuant to this provision and any direct or indirect consequences or costs resulting from any such reallocation will not constitute a breach of this AGREEMENT by SCRRA.

f) All construction work of the CITY shall be performed diligently and completed within a reasonable time and in any event within three (3) years from the effective date of this AGREEMENT, or within such further period of time as may be specified in writing by SCRRA. No part of the PROJECT shall be suspended, discontinued or unduly delayed without SCRRA's written consent and subject to such reasonable conditions as SCRRA may specify. It is understood that SCRRA's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the CITY. The CITY hereby assumes the risk of any such delays and agrees that no claims for damage on account of any delay shall be made against SCRRA.

g) SCRRA will have the right to stop the CITY WORK on the PROJECT if any of the following events take place:

i) CITY or any of its contractor(s) performs the PROJECT work in a manner contrary to the PS&E approved by SCRRA;
ii) CITY or any of its contractor(s), in SCRRA’s opinion, prosecutes the PROJECT work in a manner which is hazardous to SCRRA property, facilities or the safe and expeditious movement of railroad traffic;
iii) the insurance required by the AGREEMENT is canceled during the course of the PROJECT or does not meet the minimum requirements specified herein; or iv) CITY fails to pay any non-disputed costs incurred by SCRRA as provided in the AGREEMENT.
90 Citrus – Ceres Intersection Signalization C&M Agreement Exhibit A Page 5

h) The work stoppage may continue until all necessary actions are taken by CITY or its contractor(s) to rectify the conditions to the satisfaction of SCRRA or until additional insurance has been delivered to and accepted by SCRRA or the obligations are brought current.

SECTION 3 - INJURY AND DAMAGE TO PROPERTY

If the CITY, in the performance of any work contemplated by this AGREEMENT or by the failure to do or perform anything for which the CITY is responsible under the provisions of this AGREEMENT , shall injure, damage or destroy any property of SCRRA or of any other person lawfully occupying or using the right-of-way of SBCTA, such property shall be replaced or repaired by the CITY at the CITY's own expense, or by SCRRA at the expense of the CITY, and to the satisfaction of SCRRA.

SECTION 4 - PAYMENT FOR WORK BY SCRRA

Payment for work by SCRRA shall be in accordance with Article 11- Payment for SCRRA Work (RAILROAD WORK) as set forth in this AGREEMENT.

SECTION 5 - MAINTENANCE AND REPAIRS

a) SCRRA Obligations - SCRRA will accept, own, and maintain, at its sole cost and expense, the following portions of the PROJECT:
a. the railroad roadbed, ballast, track and appurtenances; b. the railroad signal and communication facilities and appurtenances; c. the railroad maintenance roads on the railroad side of railroad access gates; d. the railroad drainage structures;
e. and other facilities to which SCRRA accepts title.

b) CITY Obligations. CITY will own and maintain, at its sole cost and expense, the following portions of the PROJECT:
a. the roadway including the roadway approaches and curbs, gutters, sidewalks and appurtenances thereto;
b. the traffic and queue-cutter signals and approach lighting; c. the roadway drainage structures, storm drain laterals, and collecting storm drains; 91 Citrus – Ceres Intersection Signalization C&M Agreement Exhibit A Page 6

d. the access roadways necessary to reach SBCTA’s right-of-way; the roadway signage and striping;
e. the ADA truncated domes and appurtenances for protection or benefit of pedestrians; f. and all other work constructed by the PROJECT excepting that for which SCRRA is responsible under this AGREEMENT or pursuant to law or regulation.

SECTION 6 - SAFETY MEASURES; PROTECTION OF SCRRA OPERATIONS

It is understood and recognized that safety and continuity of SCRRA's operations and communications are of the utmost importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents and/or incidents may be prevented and avoided, it is agreed with respect to all of said work of the CITY that the work will be performe d in a safe manner and in conformity with the following standards:

a) CITY and Contractor. All references in this AGREEMENT to the CITY shall also include the contractor(s), its subcontractors of any tier, and their respective officers, agents and employees, and others acting under its or their authority; and all references in this AGREEMENT to work of the CITY shall include work both within and outside of SBCTA’s right-of-way.

b) Compliance With Laws. The CITY shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The CITY shall use only such methods as are consistent with safety, both as concerns the CITY, the CITY's agents and employees, the officers, agents, employees and property of SCRRA and the public in general. The CITY (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts, labor laws, laws governing trade, travel and use of material, and similar laws or reg ulations. All Federal Railroad Administration regulations shall be followed when work is performed on SCRRA's premises. If any failure by the CITY to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charg e being assessed, imposed or charged against SCRRA, the CITY shall reimburse and indemnify SCRRA for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The CITY further agrees in the event of a ny such action, upon notice thereof being provided by SCRRA, to defend such action free of cost, charge, or expense to SCRRA.

c) No Interference or Delays. The CITY shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of SCRRA's tracks or facilities, 92 Citrus – Ceres Intersection Signalization C&M Agreement Exhibit A Page 7

or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using SBCTA's right-of-way or SCRRA’s facilities.

d) Supervision. The CITY, at its own expense, shall adequately supervise and inspect all work to be performed by the CITY, and shall not inflict injury to persons or damage to property for the safety of whom or of which SCRRA may be responsible, or to property of SCRRA. The responsibility of the CITY for safe conduct and adequate policing and supervision of the PROJECT shall not be lessened or otherwise affected by SCRRA's approval of plans and specifications, or by SCRRA's collaboration in performa nce of any work, or by the presence at the work site of SCRRA's representatives, or by compliance by the CITY with any requests or recommendations made by such representatives. If a representative of SCRRA is assigned to the PROJECT, the CITY will give du e consideration to suggestions and recommendations made by such representative for the safety and protection of SBCTA's property right-of-way and SCRRA’s operations.

e) Suspension of Work. If at any time the CITY's engineers or SCRRA shall be of the opinion that any work of the CITY is being or is about to be done or prosecuted without due regard and precaution for safety and security, the CITY shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided.

f) Removal of Debris. The CITY shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any right -of-way of SBCTA or facilities of SCRRA; and any such material and debris shall be promptly removed f rom SBCTA's right-of-way by the CITY at the CITY's own expense or by SCRRA at the expense of the CITY. The CITY shall not cause, suffer or permit any water to be drained or pumped onto SBCTA's right-of-way during any dewatering from the CROSSING AREA without the prior permission of SCRRA.

g) Explosives. The CITY shall not discharge any explosives on or in the vicinity of SBCTA's right- of-way without the prior consent of SCRRA, which will not be given if, in the sole discretion of SCRRA, such discharge would be dangerous or would interfere with SBCTA 's right-of-way or SCRRA’s property or facilities. For the purposes hereof, the "vicinity of SBCTA's right-of-way" shall be deemed to be any place on SBCTA's right-of-way or in such close proximity to SBCTA's right-of-way that the discharge of explosives could cause injury to SCRRA's employees or other persons, or cause damage to or interference with the facilities or operations on SBCTA 's right-of-way. SCRRA reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives 93 Citrus – Ceres Intersection Signalization C&M Agreement Exhibit A Page 8

as SCRRA, in SCRRA's sole discretion, may deem to be necessary, desirable or appropriate.

h) Excavation. The CITY shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of SCRRA. The CITY shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect SCRRA's tracks or facilities. The CITY, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the CITY in connection with construction, maintenance or other work. Systems for the support of any excavation must conform to the requirements of SCRRA Excavation Support Criteria. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by SCRRA to withstand all stresses likely to be encountered, including any stresses resulting from railroad surcharges or vibrations caused by SCRRA's operations in the vicinity.

i) Falsework. No falsework may be erected over the track or on SBCTA’s right-of-way except as approved by SCRRA. All falsework must conform to the requirements of the Caltrans Falsework Manual for traffic openings and any additional provisions provided by SCRRA:

j) Drainage. The CITY, at the CITY's own expense, shall provide and maintain suitable facilities for draining the CITY WORK, and shall not suffer or permit drainage water there from to flow or collect upon right-of-way of SBCTA. The CITY, at the CITY's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from SCRRA's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the CITY, be impeded, obstructed, diverted or caused to back up, overflow or damage the right-of-way of SBCTA or property of SCRRA or any part thereof, or the property of others. The CITY shall not obstruct or interfere with existing ditches or drainage facilities.

k) Fiber Optic Cables. Fiber optic and other cable systems may be buried on SBCTA's right-of- way. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. The CITY and its consultants and contractors shall telephone the Underground Service Alert of Southern California toll-free at (800) 227-2600 a minimum of five (5) calendar days before performing any excavation.

l) SCRRA Signal and Communication Facilities. SCRRA is not a member of Underground Service Alert of Southern California. The CITY, and its consultants and contractors, shall call SCRRA 94 Citrus – Ceres Intersection Signalization C&M Agreement Exhibit A Page 9

Signal Department at (909) 592-1346 to request marking of signal and communication cables or conduits or both a minimum of 72-hours prior to performing any excavation on SBCTA’s right-of-way. No work may proceed until you have been provided with an SCRRA dig number in addition to that provided by Underground Service Alert. In case of signal emergencies or grade crossing problems, the contractor shall call SCRRA's 24-hour signal emergency number at (888) 446-9721.

SECTION 7 - INTERIM WARNING DEVICES

If at any time it is determined by the CPUC or FRA, by the CITY, or by agreement between the PARTIES, that new or improved train activated warning devices should be installed at the CROSSING AREA, the CITY shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the construction or reconstruction of the warning devices has been completed.

SECTION 8 - OTHER RAILROADS AND AGENCIES

All protective and indemnifying provisions of this AGREEMENT shall inure to the benefit of SCRRA and any other Operating Railroad company lawfully using SBCTA's right-of-way or SCRRA’s facilities.

On any certificate of insurance furnished pursuant to this AGREEMENT, SCRRA must be named as the Certificate holder or the insured. The following must be named as an additional insured:

Los Angeles County Metropolitan Transportation Authority (MTA) Orange County Transportation Authority (OCTA)
Riverside County Transportation Commission (RCTC)
San Bernardino County Transportation Authority (SBCTA)
Ventura County Transportation Commission (VCTC)
Union Pacific Railroad Company (UPRR)
Burlington Northern Santa Fe Corp. (BNSF)
National Railroad Passenger Corporation (Amtrak)

SECTION 9 - REMEDIES FOR BREACH OR NONUSE

a) If the CITY shall fail, refuse or neglect to perform and abide by the terms of t his AGREEMENT, SCRRA, in addition to any other rights and remedies, may perform any work which in the judgment of SCRRA is necessary to place the CROSSING AREA and appurtenances in such condition as will not 95 Citrus – Ceres Intersection Signalization C&M Agreement Exhibit A Page 10

menace, endanger or interfere with SCRRA's facil ities or operations or jeopardize SCRRA's employees; and the CITY will reimburse SCRRA for the expenses thereof.

b) The CITY will surrender peaceable possession of the CROSSING AREA upon termination of this AGREEMENT. Termination of this AGREEMENT shall not affect any rights, obligations or liabilities of the PARTIES, accrued or otherwise, which may have arisen prior to termination.

END EXHIBIT A

96 EXHIBIT B-1

To Construction and Maintenance Agreement
for
Citrus – Ceres Intersection Signalization
Project
Cover sheet for the

Detailed Description of Project

97 EXHIBIT B-1

DETAILED PROJECT DESCRIPTION
CITRUS – CERES INTERSECTION SIGNALIZATION PROJECT
PROJECT NO. 860994

The purpose of the PROJECT is to signalize the intersection of Citrus Ave and Ceres Ave and provide a queue-cutter signal at the highway-rail at-grade crossing at Citrus Ave, located along SCRRA’s San Gabriel Subdivision at Milepost 48.17 in the City of Fontana, San Bernardino County, California. The public will benefit from the proposed project through improvements to both public safety and convenience.

Associated Crossings CPUC # DOT #
Citrus Avenue Highway-Rail Crossing 101SG-48.17 026147A

The PROJECT proposes to construct pedestrian safety improvements on the crossing, which includes the following improvements as approved in the California Public Utilities Commission (CPUC) GO-88B Authorization letter:

• Install a traffic signal at the intersection of Citrus Avenue and Ceres Avenue. • Install queue-cutter signals at the crossing for southbound and northbound traffic, with queue detection loops in each direction.
• Interconnect the proposed queue-cutter signals with the railroad warning devices, including advance preemption.
• Install detectable warning strips on all sidewalk crossing approaches. • Install California Manual on Uniform Traffic Control Devices (CA MUTCD) compliant signage and pavement markings, including R8-8 “DO NOT STOP ON TRACKS” signs, R10-6 “STOP HERE ON RED” signs, W10-1 advance warning signs, “RXR” and railroad limit pavement markings.

All railroad signal, communication, and track systems will be Positive Train Control compliant.

98 EXHIBIT B-2

To Construction and Maintenance Agreement
for
Citrus – Ceres Intersection Signalization
Project
Cover Sheet for the

Railroad Location Print
99 Exhibit B-2
Railroad Location Print

Figure 1: Location Map

Figure 2: Vicinity Map

100

EXHIBIT B-3

To Construction and Maintenance Agreement
for
Citrus – Ceres Intersection Signalization
Project
Cover Sheet for the

PROJECT Plans
101

EXHIBIT B-4

To Construction and Maintenance Agreement
for
Citrus – Ceres Intersection Signalization
Project
Cover Sheet for the

PROJECT Specifications

102

Exhibit B-4
PROJECT Specifications

The CITY is currently completing the scope of the PROJECT and once finalized it will be incorporated into this AGREEMENT.
103

EXHIBIT B-5

To Construction and Maintenance Agreement
for
Citrus – Ceres Intersection Signalization
Project
Cover Sheet for the

SCRRA Form of Approval for CITY WORK
PS&E

104

Exhibit B-5
SCRRA Form of Approval for CITY WORK PS&E

The CITY is currently completing the PS&E for the CITY WORK and once finalized and approved by SCRRA, the approved PS&E for the CITY WORK shall be incorporated into this AGREEMENT.

105

EXHIBIT B-6

To Construction and Maintenance Agreement
for
Citrus – Ceres Intersection Signalization
Project
Cover Sheet for the

List of CITY Design and Contractor
Submittals Requiring SCRRA Review

106

Exhibit B-6
List of CITY Design Submittals Requiring SCRRA Review

DESCRIPTION

CROSSING LAYOUT

SIGNING AND STRIPING PLANS

TRAFFIC SIGNAL PLANS

107

Exhibit B-6
List of Contractor Submittals Requiring SCRRA Review

ALL SUBMITTALS SHALL BE IN ACCORDANCE WITH SPECIFICATION as incorporated in SCRRA Form 37
(COORDINATION WITH RAILROAD OPERATIONS)

SECTION DESCRIPTION ARTICLE
SECTION 1 CONSTRUCTION SCHEDULE 1.4
SECTION 1 WEEKLY LOOK-AHEAD SCHEDULE 1.4
SECTION 1 DOCUMENT CONTROL PLAN 1.4
SECTION 1 TESTING AND INSPECTION PLAN 1.4
SECTION 1 SITE SPECIFIC WORK PLANS 1.4
SECTION 4 REQUESTING WORK WINDOWS 4.4
SECTION 5 DEMOLITION AND REMOVAL PLANS 5.1
SECTION 5 EXCAVATION AND BACKFILL PLANS 5.2
SECTION 5 TRACK MONITORING PLAN 5.3
SECTION 5 DRILLING AND PILE DRIVING PLANS 5.4
SECTION 5 BORING AND JACKING PLANS 5.5
SECTION 5 BORING AND JACKING TRACK
MONITORING PLAN 5.6
SECTION 5 TEMPORARY STRUCTURES PLANS 5.7
SECTION 5 CLEARANCES 5.8
SECTION 5 TEMPORARY TRAFFIC CONTROL PLANS 5.9

108

EXHIBIT C-1

To Construction and Maintenance Agreement
for
Citrus – Ceres Intersection Signalization
Project
Cover Sheet for the

Easements of CROSSING AREAS

109

Exhibit C-1
Easements of CROSSING AREAS

The CITY is currently completing the easements of the CROSSING AREAS in cooperation with SBCTA and once finalized in writing by both PARTIES, it will be incorporated into this AGREEMENT.
110

EXHIBIT D-1

To Construction and Maintenance Agreement
for
Citrus – Ceres Intersection Signalization
Project
Cover Sheet for the

CITY Scope of Work and Estimate

111

EXHIBIT D-1

CITY SCOPE OF WORK

CITY WORK by CITY is generally defined as the following activities:
• Install new traffic signals at intersection of Citrus Avenue and Ceres Avenue. • Install intersection lighting.
• Minor road improvements.
• Modify all signing and striping to accommodate roadway improvements. • Install queue-cutter signals at railroad crossing.
• Install new ADA truncated domes.
• Install signs as needed.
• Install interconnect cables up to RR signal house.
• Incorporate new railroad preemption time.

112

EXHIBIT D-2

To Construction and Maintenance Agreement
for
Citrus – Ceres Intersection Signalization Project
Cover Sheet for the

SCRRA Scope of Work and Estimate

113

EXHIBIT D-2

RAILROAD WORK AND COST ESTIMATE
Citrus – Ceres Intersection Signalization

RAILROAD WORK by SCRRA is generally defined as the following activities:

In support of the traffic signal and queue-cutter equipment installation by the CITY, SCRRA will provide advanced preemption timing through track circuitry and signal house improvements. SCRRA will provide interconnection between the railroad and traffic systems.

RAILROAD WORK COST ESTIMATE

The estimated cost for the RAILROAD WORK is provided below.

Category Description Estimated Cost
Construction
Design Support during
construction – Signal
$15,000
Material Procurement –
Signal
$34,000
Maintenance Support –
Signal
$5,000
Construction – Signal $86,000
Other (Permits, Fees, etc.) $3,000
Flagging & RWP Training $25,000
PTC Updates $12,000
Construction Management $25,000

Management &
Support

Agency $20,000

Contingency $25,000

TOTAL ESTIMATE $250,000

114

EXHIBIT E-1

To Construction and Maintenance Agreement
for
Citrus – Ceres Intersection Signalization Project
Cover Sheet for the

SCRRA Highway-Rail Grade Crossings Manual,
Standards, and Criteria

115

Exhibit E-1

Please refer to the current SCRRA Grade Crossing Manual, Standards, and Excavation Support Criteria found in the Design Criteria Manual, Chapter 15 posted on Metrolink’s website using the following links:

SCRRA Grade Crossing Manual
https://metrolinktrains.com/globalassets/about/engineering/scrra_grade_crossing_ manual.pdf

SCRRA Grade Crossing Standards
https://metrolinktrains.com/globalassets/about/engineering/4000-grade-xing.pdf

SCRRA Excavation Support Guidelines found in the Design Criteria Manual, Chapter 15
https://metrolinktrains.com/globalassets/about/engineering/scrra_design_criteria_ manual.pdf

116

EXHIBIT E-2

To Construction and Maintenance Agreement
for
Citrus – Ceres Intersection Signalization Project
Cover Sheet for the

Requirements of the Contractor(s)

117

EXHIBIT E-2

REQUIREMENTS FOR CONTRACTORS

COORDINATION WITH RAILROAD OPERATIONS

1.0 GENERAL REQUIREMENTS

1.1 DESCRIPTION

This Project includes construction work within the operating right-of-way of the Southern California Regional Rail Authority (SCRRA). This Exhibit E-2 describes coordination with the SCRRA when work by the Contractor will be performed upon, over, under, or adjacent to the SCRRA right-of-way or may impact current or future SCRRA operations. The Contractor must coordinate with the SCRRA while performing the work described in the PS&E for the CITY WORK, and shall afford the same cooperation with the SCRRA as it does with the City. All submittals and work shall be completed in compliance with these Requirements, SCRRA guidelines and other requirements. Reference is made to the Construction and Maintenance Agreement between SCRRA and City (Construction and Maintenance Agreement) of which these Requirements are a part.

1.2 REQUIREMENTS OF THE CONTRACTOR

All railroad tracks within and adjacent to the Project site are to be assumed as active and rail traffic over these facilities must be maintained throughout the Project. Activities may include both through moves and switching moves to local customers. SCRRA and other railroad traffic and operations can occur continuously throughout the day and night on these tracks and shall be maintained at all times as defined herein. The Contractor shall coordinate and schedule the work so that construction activities do not interfere with SCRRA Operations.

The Contractor, and its sub-contractors of any tier (collectively referred to as the Contractor), must cooperate with SCRRA during construction of the Project when any of the following conditions are present:

A. Where work is performed on the right-of-way of the SBCTA; B. When the work is over or under or adjacent to the tracks of the SCRRA; C. When excavations are performed within 30-feet of the centerline of the nearest track; or D. When the work has the potential to foul (obstruct) any tracks or reduce any clearance below the allowable minimum.

The Contractor shall inform itself of the expected train movements prior to implementing its plans for any portion of the work.

The Contractor may not move, relocate, remove, obstruct, or otherwise interfere with any railroad tracks, signals, signs, flags, or other facilities, or any service or connection to any railroad facility. 118

All work on SCRRA tracks, signals, communication equipment, and other facilities must be performed by SCRRA.

The Contractor's right to enter the SBCTA right-of-way is subject to the absolute right of SCRRA to cause the Contractor's work on the SBCTA right-of-way to cease if, in the sole opinion of SCRRA, the Contractor's activities create a hazard to the SBCTA right-of-way, or SCRRA employees, or SCRRA operations, or any combination thereof.

The Contractor shall execute and deliver duplicate copies of the SCRRA Form 6 – Temporary Right of Entry Agreement, in the form included with the Construction and Maintenance Agreement, Exhibit E-3. The Contractor shall comply with all requirements stipulated in the Right of Entry Agreement, and shall maintain all insurance in full force during the time that its work is performed on or adjacent to the SBCTA right-of-way. The Contractor shall f urnish Railroad Protective Insurance in the amounts listed in SCRRA Form 6 – Temporary Right of Entry Agreement is a requirement of working on or adjacent to the SBCTA right-of-way

The Contractor must plan, schedule and conduct all work activities so as not to interfere with the movement of any trains. Work activities shall be confined to the times specified by SCRRA , unless otherwise permitted by SCRRA. Work windows that provide the Contractor exclusive track occupancy on all tracks will not be granted unless identified by SCRRA , and then only upon an advance notice of 75 calendar days prior to the date on which the work window is desired.

The details of construction affecting the SBCTA right-of-way and tracks not included in the PS&E for the CITY WORK must be submitted to the SCRRA for approval before work is undertaken and this work must not be undertaken until approved by the SCRRA.

A detailed construction schedule, including the proposed temporary horizontal and vertical clearances and con struction sequence for all work to be performed, shall be provided by the Contractor to the City for submittal to the SCRRA for review and approval prior to commencement of work. This schedule shall also include the anticipated dates on which the above lis ted events will occur. This schedule shall be updated for all critical listed events as necessary but at least monthly so that site visits may be scheduled.

The Contractor must notify the SCRRA Project Representative, not less than 30 calendar days before commencing any work on SBCTA right-of-way. Contractor’s notification to SCRRA shall be in writing and must refer to the file no. referenced in the respective C&M Agreement.

The Contractor shall perform no work on the SBCTA right-of-way until all its employees, including sub-contractors of any tier, have attended and passed the Safety Orientation Class described in SCRRA Form 6 – Temporary Right-of-Entry Agreement.

The SCRRA Project Representative for this project is:

119

Maria Leible
SR. Railroad Civil Engineer
Southern California Regional Rail Authority
2558 Supply Street, Pomona, California 91767
Phone: (213) 808-7144

All notices and submittals to the SCRRA Project Representative are to be made through the City's Resident Engineer or other designated representative of the City.

The Contractor, at its sole expense, shall adequately supervise all work to be performed by the Contractor. The responsibility of the Contractor shall not be lessened or otherwise affected by SCRRA’s approval of the plans and specifications for the Project, or by the presence at the work site of a SCRRA or City Representative.

1.3 Submittals

Construction submittals requiring SCRRA approval, and Requests for Information (RFI) requiring a reply from SCRRA, must be forwarded to the City who in turn will forward to the SCRRA Project Representative. SCRRA shall be allowed 45 calendar days for review of all submittals. Upon written approval of the CITY, the contractor or contractors may make the submittals directly to SCRRA Project Representative and the City simultaneously.

The details of the construction affecting the operations, facilities, or right-of-way, or the operations or facilities of other entities using the right-of-way, not already included in the Project plans and specifications, shall be submitted by the Contractor for review by SCRRA. Written approval must be obtained from SCRRA before such construction is undertaken.

The SCRRA's review and approval of the City’s or the Contractor's plans in no way relieves the City and Contractor from their responsibilities, obligations or liabilities under the Contract between the City and the Contractor for the Project, or in the separate SCRRA Form 6 – Temporary Right of Entry Agreement. SCRRA's approval will be given with the understanding that the SCRRA makes no representations or warranty as to the validity, accuracy, legal compliance or completeness of City's and/or Contractor's plans and that any reliance by the City or the Contractor with respect to such plans is at the risk of the City and the Contractor.

2.0 CONTRACTOR SAFETY REQUIREMENTS

2.1 CONTRACTOR GENERAL SAFETY REQUIREMENTS

Work in the proximity of railway track(s) is potentially hazardous where movement of trains and equipment can occur at any time and in any direction. All work performed by the Contractor within or adjacent to the right-of-way of SBCTA must be in compliance with this specification 120

and the requirements of SCRRA Form 6 – Temporary Right of Entry Agreement.

All personnel working on, over, or under the SBCTA right-of-way must be equipped with personal protective equipment (PPE) meeting applicable OSHA and ANSI specifications.

Personal protective equipment must be appropriate for the task performed. Employees, agents or invitees of Contractor shall possess the following minimum equipment while on the right-of- way:

A. Safety glasses with side shields conforming to ANSI Z87.1 – Occupational and Educational Personal Eye and Face Protection Devices
B. Protective Helmets (Hard Hats) conforming to ANSI Z89.1 – Requirements for Protective Headwear for Industrial Workers, Type I or II, Class G or E; C. Safety shoes with hardened toes conforming to ASTM F 2413. Shoes must lace above the ankle and have a defined heel.

D. High visibility ORANGE (and only orange) retro-reflective work wear. (Green and Red shirts, vests, or other outerwear are not permitted within the SCRRA right-of-way because of the use of the same colors for signals to trains).

E. Evidence of SCRRA railroad safety training (decal or card).

Hearing protection, face and eye shields, fall protection, gloves, and respirators must be worn as required by State and Federal regulations.

The Contractor must not pile or store any materials, machinery or equipment within the SBCTA Right-of-Way, or closer than 25'-0" to the center line of the nearest track, or in a manner that blocks access to SCRRA facilities and equipment. Dirt, aggregates, or other similar loose materials must be covered to prevent migration of the material toward the track. Dust or blowing soil or debris must be controlled in accordance with South Coast Air Quality Management District Rule No. 402 and Rule No. 403.

Materials, machinery or equipment must not be stored or left within 250 feet of any highway railroad at-grade crossings, where storage of the same will interfere with the sight distances of motorists approaching the crossing. Prior to beginning work, the Contractor must establish a storage area with concurrence of the SCRRA Project Representative.

Machines or vehicles must not be left unattended with the engine running. Parked machines and equipment must be turned off and must be in gear with brakes set. If equipped with blade, pan or bucket, the blade, pan or bucket is to be lowered to the ground. All machinery and equipment left unattended on SBCTA right-of-way must be left inoperable and secured against movement.

The Contractor must not create and leave any conditions at the work site that would interfere with water drainage. Any work performed over water must meet all Federal, State and Local regulations.
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All wires and cables must be considered active, dangerous and of high voltage unless informed to the contrary by proper authority. For all power lines the minimum clearance between the lines and any part of the equipment or load must be; 200 KV or below - 15 feet; 200 to 350 KV - 20 feet; 350 to 500 KV - 25 feet; 500 to 750 KV - 35 feet; and 750 to 1000 KV - 45 feet. If capacity of the line is not known, a minimum clearance of 45 feet must be maintained. A person must be designated to observe clearance of the equipment and give a timely warning for all operations where it is difficult for an operator to maintain the desired clearance by visual means.

All damage to SCRRA Property, or any hazard noticed on passing trains must be reported immediately to the railroad flagger, if a flagger is present, or in the absence of a railroad flagger, to SCRRA's Metrolink Operations Center (MOC) at (888) 446-9721. Any vehicle or machine which comes in contact (regardless of the strength of the impact) with track, signal equipment, or a structure (e.g. bridge) may result in a train derailment and must be reported immediately to the SCRRA Project Representative and to the SCRRA Flagger, if a flagger is present, or in the absence of a railroad flagger, to SCRRA's MOC. Phone numbers for utility and SCRRA emergency response are to be obtained from the SCRRA Project Representative prior to the start of any work and must be posted at the job site.

Special permission must be obtained from the SCRRA before moving heavy or cumbersome objects or equipment which might result in making the track impassable.

Any employees, agents or invitees of Contractor or its sub-contractors under suspicion of being under the influence of drugs or alcohol, or in the possession of same, will be removed from the SBCTA right-of-way and subsequently released to the custody of a representative of the Contractor's management. Future access to the SBCTA right-of-way by that employee will be denied.

All persons are prohibited from having pocket knives, firearms or other deadly weapons in their possession while working on SBCTA right-of-way.

2.2 SAFETY TRAINING AND COMMUNICATION

Before beginning any task on the right-of-way of SBCTA, a thorough job safety briefing must be conducted with all personnel involved with the task. The briefing must include the procedures the Contractor will use to prevent its employees, sub-contractors, agents or invitees from moving any equipment adjacent to or across any SCRRA tracks without the appropriate protection to railroad operations. Additional job safety briefings must be conducted anytime that the job tasks or conditions affecting the job tasks, change or are revised.

When Contractor employees are required to work on the SBCTA right-of-way after normal working hours or on weekends, the SCRRA Project Representative must be notified. A 122

minimum of two employees must be present at all times.

2.3 SCRRA Railway Protective Services

The Contractor must request and arrange for a flagger, inspector and/or other protective services from SCRRA authorized representative for the following conditions:

A. When the Contractor’s work activities are within the right of way of SBCTA.

B. When the Contractor's work activities are located over or under a track or tracks.

C. When cranes, pile drivers, drill rigs, concrete pumps, or similar equipment positioned outside of the right-of-way could foul the track in the event of tip over or other catastrophic occurrence,
D. When in the opinion of the SCRRA it is necessary to safeguard the employees, trains, engines and facilities of SCRRA.

E. When any excavation is performed below the elevation of the track sub- grade, or track or other railroad facilities may be subject to movement or settlement.

F. When work in any way interferes with the safe operation of trains at timetable speeds.

G. When any hazard is presented to Railway track, communications, signal, electrical, or other facilities either due to persons, material, equipment or blasting in the vicinity.

H. When clearing, grubbing, grading, or blasting is in proximity to the Property which, in the opinion of SCRRA or representative of an SCRRA member agency, may endanger the Property or operations.

I. When street construction and maintenance activities, located within the right-of-way or in the vicinity of the highway-rail grade crossing, requiring temporary work area traffic control, which may affect or create unsafe conditions for employees, public, trains and vehicles.

Flagging services will be performed by SCRRA using Federal Railroad Administration qualified Railway flaggers furnished through SCRRA. Personnel of the Contractor may not perform flagging or other protective services for railroad operations.

Flagging services are generally provided by one employee who can protect up to 10 people.

However, additional personnel may be required to protect the facilities and operations of SCRRA, if deemed necessary by the SCRRA Project Representative or other authorized SCRRA employee. Each time a flagger is called, the minimum period for billing will be the eight (8) hour basic day. Additional overtime will be charged for the setting and removal of advance flags for work performed under Track Bulletins and Exclusive Track Occupancy rules.

The estimated cost for one (1) flagger is $1,750 for a ten (10) hour basic day with time and one- half or double time for overtime, rest days and holidays. The estimated cost for each flagger includes vacation allowance, paid holidays, railroad and unemployment insurance, public liability and property damage insurance, health and welfare benefits, transportation, meals, 123

lodging and supervision. However, the flagging rate in effect at the time of performance of the work by the Contractor hereunder will be used to calculate the actual costs of flagging pursuant to this paragraph. The City will reimburse SCRRA under a separate agreement for all cost and expense incurred by SCRRA in connection with the safety and protective services.

The Contractor shall call the phone number provided with the executed copy of SCRRA Form 6 – Temporary Right-of Entry Agreement, a minimum of 25 calendar days in advance of the date that flagging services will be required. Flagmen will not be scheduled until the Contractor has executed the SCRRA Form 6 – Temporary Right of Entry Agreement.

2.4 Track Occupancy and Work Windows

The Contractor’s operations are subordinate to the operation of trains on the SBCTA right-of- way, whether passenger or freight. All work upon the SBCTA right-of-way shall be done at such times and in such a manner as not to interfere with or endanger the SCRRA Operations. SCRRA will strive to cooperate with the Contractor such that the work may be handled and performed in an efficient manner, however, The Contractor will have no claim whatsoever for any type of damages or for extra or additional compensation in the event its work is delayed by rail operations.

Whenever work may affect the operations or safety of trains, the method of doing such work shall first be submitted to the SCRRA Project Representative for approval, but such approval shall not relieve the Contractor from any liability. Any work to be performed by the Contractor, which requires flagging service or inspection service, shall be deferred until the flagging protection required by the SCRRA is available at the job site.

There is one main track that crosses the Citrus Ave crossing. Trains of SCRRA and the BNSF Railway operate over the tracks traversing the Project site.

The average train traffic on this route is 14 freight trains per 24-hour period at a timetable speed of 55 MPH and 30 passenger trains at a timetable speed of 79 MPH. Passenger train traffic is approximately limited to the hours of 4:00 AM and 12:00 Midnight. Freight trains are operated 24 hours a day, seven days a week. In addition to scheduled freight service, extra freight trains may be operated as traffic warrants.

Track occupancy and work windows for this Project must be coordinated with SCRRA. SCRRA will provide the following Conditional Work Windows as defined below:

Conditional Work Window using Track Bulletin Form B (Form B): A period of time in which SCRRA operations have priority over construction activities. When construction activities may occur on the right-of-way of SBCTA or the activities have the potential to foul the track as defined above, a SCRRA flagger will be required. At the direction of the flagger, upon approach 124

of a train, and when trains are present on the tracks, the tracks must be cleared and work stopped.

To clear tracks, no construction equipment, materials or personnel may remain within 25 feet of the centerline of the nearest track or as directed by the SCRRA flagger. Conditional Work Windows are available for the Project subject to SCRRA's local operating unit review and approval, however, construction activities utilizing cranes, pile drivers, drill rigs, concrete boom pumps or other swinging or boom operated equipment over the track or within 25-ft of the SBCTA right-of-way may not be performed under Form B except on approval of SCRRA. Work under Track Bulletin Form B will not be available between 4:00 AM and 7:00 PM Monday through Friday.

Conditional Work Window Using Time Controlled Access (Track and Time): A period of time in which SCRRA operations have priority over construction activities, but limited periods free of train traffic may be provided subject to approval of the SCRRA dispatcher. A SCRRA flagger will be required. Track and Time will typically be issued in 30-minute increments during non- peak periods between 4:00 AM and 10:00 PM. Track and Time will not be available during peak commuting periods, or when the scheduled time between passenger trains is 45 minutes or less.

At the expiration of the allowed time, the tracks must be cleared (i.e., no construction equipment, materials or personnel within 25 feet from the centerline of the nearest track or as directed by the SCRRA flagger). Track and Time Conditional Work Windows on one main track are available for the Project subject to the approval of the SCRRA dispatcher between the hours of 7:00 PM and 4:00 AM Daily, and on two main tracks between the hours of Midnight and 4:00 AM.

Track Out of Service Single or Multiple Track: A period of time in which train operations are restricted to specific tracks. One or more SCRRA flagmen are required. One main track may be removed from service between the hours of 7:00 PM and 4:00 AM except in cases of unusual occurrences. Two main tracks may be removed from service between the hours of 12:00 Midnight and 4:00 AM except in cases of unusual occurrences. Exclusive Track Occupancy on Main Track 1 and Main Track 2 at other times is not available.

The Contractor shall make requests in writing to the SCRRA Project Representative and the City for Conditional Work Windows, at leas t 25 calendar days in advance of the desired Conditional Work Windows. The written request must include:

A. Description of work to be performed
B. Description of tasks, equipment utilized, and sequence of work C. Drawing illustrating the work, lay-down, parking and staging areas D. Drawings illustrating Temporary Traffic Control in vicinity of tracks E. A schedule of the days and hours that work will be performed F. The exact location of the work and proximity to the tracks G. The type of window and amount of time requested
H. The designated contact person for the Contractor
The Contractor shall provide a written confirmation notice to the SCRRA Project Representative 125

not less than 25 calendar days prior to commencing work in connection with the approved work windows when work w ill be performed within the SBCTA right-of-way. All work shall be performed in accordance with previously approved work plans.

Should a condition arise from, or in connection with, the Project work which requires immediate and unusual actions to be made to protect operations and property of the SCRRA, the Contractor shall undertake such actions. If, in the judgment of the SCRRA or the City, such actions are insufficient, the SCRRA may require or provide such actions as deemed necessary. In any event, such actions shall be at the Contractor’s expense and without cost to the SCRRA. The SCRRA or City have the right to order the Contractor to temporarily cease operations in the event of an emergency or if, in the opinion of the SCRRA or City, the Contractor’s operations may inhibit the SCRRA Operations. In the event such an order is given, the Contractor shall immediately notify the City of the order.

3.0 PROTECTION OF SIGNALS, COMMUNICATION LINES, AND UTILITIES

3.1 SIGNALS, COMMUNICTION FACILITIES, AND UTILITIES

Signal, communication, fiber-optic, petroleum, natural gas, electric power and other utilities are present in the SBCTA right-of-way. Delays and disruptions to service may cause business interruptions involving loss of revenue and profits, danger to train operations, and release of potentially flammable compounds. The Contractor shall be required to take special precautions and care in connection with excavating and shoring. Excavations for construction of footings, piers, columns, walls or other facilities that require shoring shall comply with requirements of all applicable laws and regulations, and the SCRRA “Excavation Support Criteria.”

Before excavating, the Contractor must determine whether any underground pipe lines, electric wires, or cables, including fiber optic cable systems are present and located within the Project work area by calling the Southern California Underground Service Alert. SCRRA is not a member of Underground Service Alert (DigAlert) and SCRRA signal and communication lines must be located separately. The Contractor must contact the SCRRA Signal Department separately. All underground and overhead wires will be considered HIGH VOLTAGE and dangerous until verified with the company having ownership of the line. It is the Contractor's responsibility to notify any other companies that have underground utilities in the area and arrange for the location of all underground utilities before excavating.

In addition to calling the Southern California Underground Service Alert (Dig Alert), the Contractor shall call the SCRRA’s “Call Before Your Dig” number at least 72 hours prior to commencing work at (909) 592-1346 during normal business hours. In case of emergencies involving SCRRA signal or communication facilities, the Contractor shall call (888) 446-9721.

The signal and communication emergency phone line is staffed 24 hours a day, 7 days a week. to determine location of fiber optics. If a telecommunications system is buried anywhere on or near SCRRA property, the Contractor will co-ordinate with the SCRRA and the Telecommunication 126

Company to arrange for relocation or other protection of the system prior to beginning any work on or near SCRRA property.

It shall be the responsibility of the Contractor, through the City, to make arrangements directly with utility companies involving the protection, encasement, reinforcement, relocation, replacement, removing or abandonment in place of non-railroad facilities affected by the Project.

SCRRA has no obligation to supply additional SCRRA property for non-railroad facilities affected by this Project, nor does the SCRRA have any obligation to permit non railroad facilities to be abandoned in place or relocated on SBCTA’s property. Any facility or utility that crosses the SBCTA right of way must be covered under an agreement or license with SBCTA including, without limitation, any relocation of an existing facility or utility.

SCRRA will, if required, rearrange its communications and signal lines, grade crossing warning devices, train signals, tracks and facilities that are in use and maintained by SCRRA forces in connection with its operation. This work by the SCRRA will be done by its own forces or by Contractors under a continuing contract and is not a part of the work under the Contract for the construction of the Project. The Contractor must allow sufficient time in its schedule to permit SCRRA to issue the necessary task orders to its contractors order material, and perform any necessary work.

4.0 CONSTRUCTION

4.1 Excavation

The Contractor shall not make any excavations on the SBCTA right-of-way, nor within the zone of railroad load influence as shown in the SCRRA Excavation Support Criteria, until the Contractor’s support of excavation plans and calculations are approved in writing by SCRRA.

The Contractor must cease all work and notify the SCRRA immediately before continuing excavation in the area if obstructions are encountered which do not appear on drawings. If the obstruction is a utility and the owner of the utility can be identified, then the Contractor must also notify the owner immediately. If there is any doubt about the location of underground cables or lines of any kind, no work must be performed until the exact location has been determined. There will be no exceptions to these requirements.

All excavations must be conducted in compliance with applicable law and regulations and, regardless of depth, must be shored when within the zone of railroad load influence, or when necessary to protect structures, facilities, or personnel. Excavations located on the SBCTA right- of-way shall conform to the SCRRA Excavation Support Criteria. Designs for all temporary structures supporting tracks or excavations adjacent to the tracks shall include railway surcharge loading imposed by a Cooper E-80 live load.

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Any excavations, holes or trenches on the SBCTA right-of-way must be covered, guarded and protected when work is not actively prosecuted. When leaving work site areas at night and over weekends, the areas must be secured and left in a condition that will ensure that SCRRA employees and other personnel who may be working or passing through the area are protected from all hazards. All excavations must be back filled as quickly as practicable.

4.2 Protection of Track

The Contractor must take protective measures necessary to keep railway facilities, including track ballast, free of sand, debris, and other foreign objects and materials resulting from its operations or weather. No portion of any equipment may be set or operated on the tracks at any time. The Contractor will be required to use powered lifting devices such as cranes or winches to place or to remove any forms or falsework over SCRRA's tracks.

The Contractor shall not drop material onto the tracks at any time except upon prior written approval of SCRRA, and only upon the concurrent approval by SCRRA of the Contractor’s method of protecting the track from impacts and debris. No blasting shall be performed on or adjacent to the right-of-way without the written approval of SCRRA. Driven piles shall be limited to locations shown on the Contract Drawings or, if needed for temporary support of excavation, to the locations approved by SCRRA. The track shall be monitored by differential leveling for vertical displacement during any pile driving or other operations capable of displacing the ground.

The Contractor, at its expense, shall maintain all ditches and drainage structures free of silt or other obstructions which may result from the Contractor’s operations and to repair and restore any SCRRA property, tracks and facilities of SCRRA and its tenants and other having the right to use the SBCTA right-of-way. The Contractor must submit a proposed method of erosion control and have the method reviewed and approved by the SCRRA prior to beginning any grading on the project site. Erosion control methods must comply with all applicable local, state an d federal regulations.

Tracks, ballast, and other SCRRA facilities must be covered and protected during any demolition or removal operations over or in the vicinity of the tracks. The Contractor shall submit its plans for protection of the tracks to the SCRRA Project Representative for approval, and receive approval, prior to beginning any demolition or removal operations.

At other than public road crossings, the Contractor shall not move any equipment or materials across SCRRA's tracks until permission has been obtained from the SCRRA, and the Contractor has obtained a "Temporary Private Crossing Agreement" from the SCRRA. The temporary crossing shall be constructed in accordance with SCRRA standards and gated and locked at all times when not required for use by the Contractor. Temporary crossings for the use of the Contractor will be at the expense of the Contractor.
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Notwithstanding any approval by SCRRA, the Contractor shall be responsible for the protection of the track, signals, communications, SCRRA operations, and the public. Damage to railway facilities resulting from Contractor's operations will be repaired or replaced by SCRRA and the cost of such repairs or replacement shall be paid to SCRRA by the Contractor. The Contractor shall maintain appropriate barriers or fencing to prevent the use of the SBCTA right-of-way by the public at all times during construction. The Contractor shall maintain all barriers, fencing, and temporary construction works in good repair and free of graffiti at all times. The Contractor shall provide additional fencing or barriers as needed to deter the public from entering the right- of-way within the limits of the construction.

4.3 Clearances

The Contractor must not pile or store any materials, machinery or equipment closer than 25'-0" to the center line of the nearest SCRRA track. Materials, machinery or equipment must not be stored or left within 250 feet of any highway railroad at-grade crossings, where storage of the same will interfere with the sight distances of motorists approaching the crossing. Prior to beginning work, the Contractor must establish a storage area with concurrence of the Railroad's representative.

Unless shown otherwise on the Contract Drawings, the Contractor shall abide by the following temporary clearances during construction. The Contractor shall not place forms, materials, spoils, or other temporary constructions, including bracing or work platforms, within the clear area unless approved in writing by SCRRA:

12’-0” Horizontally at right angles from centerline of nearest track 22’-6” Vertically above top of rail
27'-0" Vertically above top of rail for electric wires carrying less than 750 volts 28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000 volts 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts

At no time shall the Contractor reduce the minimum clearances required by the California Public Utilities Commission (CPUC) General Order 26-D, or block or restrict the visibility of any signal or railroad warning device. Any infringement within the clearances established by General Order 26-D due to the Contractor's operations must be submitted to the SCRRA and to the City and must not be undertaken until approved in writing by the SCRRA, and until the City has obtained any necessary authorization from the CPUC for the infringement. No extra compensation will be allowed in the event the Contractor's work is delayed pending approval by SCRRA, or approval by the CPUC, or both.

In the case of impaired vertical clearance above top of rail, SCRRA will have the option of 129

installing tell-tales or other protective devices SCRRA deems necessary for protection of SCRRA operations. The cost of tell-tales or protective devices will be borne by the Contractor.

Reduced temporary construction clearances, w hich are less than construction clearances defined above, will require special review and approval by the SCRRA and possible the CPUC. Any proposed variance on the specified minimum clearances due to the Contractor’s operations shall be submitted to the SCRRA Project Representative and the City at least thirty (30) calendar days in advance of the work. No work shall be undertaken until the variance is approved in writing by the SCRRA Project Representative.

Parallel to the outer side of each exterior tra ck of multiple operated tracks and on each side of single operated track, an unobstructed continuous space suitable for trainman’s use in walking along trains, extending in width not less than 12 feet perpendicular from centerline of track, shall be maintained. Any temporary impediments to walkways and track drainage encroachments or obstructions allowed during working hours must be covered, guarded and/or protected as soon as practicable. Walkways with railings shall be constructed by the Contractor over open excavation areas when in close proximity of track, and railings shall not be closer than 9’ -0" perpendicular from the center line of tangent track or 10’ – 0” horizontal from curved track.

4.4 Temporary Vehicular Traffic Control

The Contractor’s operations which control traffic across or around SCRRA facilities shall be coordinated with and approved by the SCRRA and City and shall be in compliance with the CA MUTCD. Traffic control in the vicinity of highway – railroad grade crossings shall conform to the SCRRA Criteria for Temporary Traffic Control.

SCRRA will not permit temporary at grade crossings unless absolutely necessary and there is no alternative route available to Contractor to access the Project site. Alternative plans must be considered to avoid crossing SCRRA tracks at grade.

5.0 HAZARDOUS AND CONTAMINATED MATERIALS

5.1 Control, Discharge, and Disposal

Discharge, release or spill on the SBCTA right -of-way of any hazardous substances, oil, petroleum, constituents, pollutants, contaminants, or any hazardous waste is prohibited and Contractor must immediately notify the SCRRA Project Representative of any discharge, release or spills in excess of a reportable quantity. Contractor must not allow the SBCTA right-of-way to become a treatment, storage or transfer facility as those terms are defined in the Resource Conservation and Recovery Act or any state analogue.

If Contractor discovers any hazardous waste, hazardous substance, petroleum or other deleterious 130

material, including any non-containerized commodity or material, on or adjacent to SBCTA right- of-way, in or near any surface water, swamp, wetlands or waterways adjacent to the right-of-way, while performing any work on this Project, the Contractor must immediately: (a) notify the City's Resident Engineer, (b) notify SCRRA's Project Representative, of such discovery; (c) take safeguards necessary to protect its employees, sub-contractors, agents and third parties: and (d) exercise due care with respect to the release, including the taking of any appropriate measure to minimize the impact of such release.

6.0 INSEPCTION AND OBSERVATION

6.1 Site Inspections by Railroad Project Representative

In addition to the office reviews of construction submittals, site observations will be performed by the City, SCRRA, or a Consultant to SCRRA at significant points during construction as determined by SCRRA. Site visits to check the progress of work may be performed at any time throughout the construction process as deemed necessary by the SCRRA.

6.2 Site Inspections and Testing by Regulatory Authorities and SCRRA

Federal or State representatives may also conduct inspections and tests to ensure compliance with 49 CFR 214 – Railroad Workplace Safety regulations. A person or persons found to be not in compliance with the appropriate regulations may receive personal monetary fines by the regulatory authorities, or may be barred from the SBCTA Right-of-Way, or both. SCRRA maintains an Efficiency Testing program to verify compliance with Federal and State regulations. SCRRA representatives may make inspections and conduct tests to judge the effectiveness of the safety training, and compliance with SCRRA requirements. The Contractor shall cooperate with SCRRA and Federal or State representatives at all times.

7.0 CLEANING AND RESTORATION

7.1 Cleaning Of Right-Of-Way

The Contractor shall, upon completion of the work to be performed within the SBCTA right-of- way and/or properties of the SCRRA and adjacent to its tracks, wire lines and other facilities, promptly remove from the SBCTA right-of-way all Contractor’s tools, implements and other materials whether brought upon the SBCTA right-of-way by the Contractor or any sub-contractors employee or agent of Contractor or of any sub-contractor, and leave the SBCTA right-of-way in a clean and presentable equal or better than existed at the start of the Project work.

END of EXHIBIT E-2
131

EXHIBIT E-3

To Construction and Maintenance Agreement
for
Citrus – Ceres Intersection Signalization Project
Cover Sheet for

SCRRA Form 6
Temporary Right-of-Entry Agreement and SCRRA
Insurance Requirements

132

EXHIBIT E-3
SCRRA Form 6
Temporary Right-of-Entry Agreement and Exhibit A: Insurance Requirements

Please refer to the current SCRRA Temporary Right-of-Entry Agreement SCRRA Form No. 6 posted on Metrolink’s website using the following links:

SCRRA Temporary Right-of-Entry Agreement
https://metrolinktrains.com/globalassets/about/engineering/scrra-form-no-6-june- 30-2021.pdf

133

EXHIBIT F

To Construction and Maintenance Agreement
for
Citrus – Ceres Intersection Signalization Project
Cover Sheet for

Funding Schedule

134

Exhibit F
Citrus – Ceres Intersection Signalization Project
Funding Summary

Agency Fund Expiration Amount
City of Fontana Measure I Local Fund 246 $250,000
Grand Total $250,000

135
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1285 Agenda Date: 4/12/2022
Agenda #: G. Category: Consent Calendar
FROM:

Engineering
SUBJECT:

Approve a License Agreement with San Bernardino County Transportation Authority (SBCTA) for the construction of the Citrus Avenue at Ceres Avenue Traffic Signal Project..End RECOMMENDATION:

2. Approve and authorize the City Manager to execute any future amendments to the License Agreement.

DISCUSSION:

The City determined the need for a new traffic signal at the intersection of Citrus Avenue and Ceres Avenue to aid in circulation and ease congestion. The project is a component of a comprehensive transportation improvement and traffic management program. Due to its close proximity to the railroad, the project will not only construct a traffic signal at the intersection, but it will also include the installation of a signal at the at-grade Metrolink crossing just north of the intersection to prevent vehicular queuing across tracks.

SBCTA owns the right-of-way in which the existing railroad crossing lies. A License Agreement by and between SBCTA and The City is required for all construction, maintenance, and operation of the signal located at the Metrolink crossing.

Under the terms of this License Agreement, SBCTA grants the City of Fontana a non-exclusive, revocable license to construct, maintain and operate the signal and appurtenant facilities at the Citrus Avenue crossing for northbound and southbound traffic.

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File #: 21-1285 Agenda Date: 4/12/2022
Agenda #: G. Category: Consent Calendar
FISCAL IMPACT:

There is a $1,200.00 annual administration fee. The fee will be paid from Local Measure I (Fund No. 246) upon receipt of the billing from SBCTA.

MOTION:

Approve staff recommendation.

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N01 inch = 600 feet1200600PROJECT LOCATIONCITRUS AVE AND CERES AVE TRAFFIC SIGNAL PROJECT 138
SBCTA Contract No. 22-1002714

LICENSE AGREEMENT

BETWEEN
SBCTA
AND

CITY OF FONTANA
139
City of Fontana
License Agreement 1 SBCTA Contract No. 22-1002714
Citrus Avenue

LICENSE AGREEMENT
This License Agreement (“LICENSE”) is made and entered into as of the date executed by SBCTA, by and between SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, a county transportation authority pursuant to Public Utility Code §§130800 et seq. (“SBCTA”), and, CITY OF FONTANA, a Municipal Corporation (“LICENSEE”), upon and in consideration of the agreements, covenants, terms and conditions below.

PART I – BASIC LICENSE PROVISIONS
The Basic License Provisions provided in this Part I and the Standard License Provisions set forth in Part II of this License, together with all Exhibits and Attachments referenced in either, are incorporated into and made part of this License. In the event of conflict between Part I and Part II or of any Exhibits and Attachments, Part I shall control.

1. Parties
SBCTA’s Address:

Attn: Transit and Rail Programs
1170 West 3rd Street, 2nd Floor
San Bernardino, California 92410-1715
909-884-8276
LICENSEE’s Address:

City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Point of Contact: Jeffrey Kim, Engineering Manager
Telephone: (909) 350-6724
E-mail: [email protected]

2. Recitals

2.1 SBCTA. SBCTA is the owner in fee of certain properties located throughout San Bernardino County.

2.2 Licensee. LICENSEE wishes to enter certain properties owned by SBCTA in order to do the following: (1) maintain existing utilities and appurtenant facilities in, on, over, under or across such properties; and/or (2) install and maintain new utilities and appurtenant facilities in, on, over, under or across such properties.

2.3 Scope of License. The LICENSE will serve as an agreement permitting the LICENSEE to maintain and install existing utilities and appurtenant facilities, which are preliminarily approved by SBCTA. A Map/Diagram/Depiction of the Premises and Improvements are attached, substantially in the form of EXHIBIT “A”.

2.4 Consideration. This LICENSE is made in consideration of the terms, conditions and mutual covenants herein, the sufficiency of which are hereby acknowledged.

3. Description of the Premises.
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City: Fontana Subdivision: San Gabriel
Address and/or Milepost Location:

Citrus Avenue , North of Ceres Avenue, MP 48.10
Approximate Area:
__________ square feet: _______________ acres
See EXHIBIT A - Map/Diagram/Depiction
Description and Dimensions of the Premises Area:

Signal and ADA compliant improvements within the San Garbiel Subdivision at the Citrus Avenue crossing: portions of APNs 0233-051-18 (west of Citrus Avenue) and 0191-321-14 (east of Citrus Avenue).

4. Allowable Improvements, Facilities and Uses. LICENSEE shall construct only the following improvements and/or facilities and conduct or permit only the following uses on the Premises:

Description of the Improvements, Utility and/or Appurtenances:

Installation of four (4) traffic signal poles, including signage on signal poles and appurtenant equipment.

Installation of controller cabinet and foundation, including loop detection and appurtenant equipment.

Installation of 2”C, 2#6, 1#8 conductors (signal service).

Installation of 3” PVC conduit containing twelve (12) pair #19 SIC in 3” conduit and pull box.

Installation of 2” rigid conduit with 12 strand SMFO cable.

Installation of 2”C, 2#10 conductors (luminaires).

Use of the Premises:

Operation, maintenance and repair of Improvements.

5. Term.

Commencement Date: The date upon which SBCTA executes this license.

Term (check one):

A. Month-to-month
B. Until End Date: _________________________ (subject to termination pursuant to the terms of this License – see especially Standard License Provisions §2.2) 141
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6. Fees.

A. Administration Fee: $1,200 per year or portion thereof, payable annually in advance, beginning on January 1 st, 2023 and, notwithstanding the anniversary described in Section 3.1.1, on January 1st each year thereafter.

B. Base Use Fee (check one):
i. $_________ per month, payable monthly in advance
ii. $ ZERO per year, payable annually in advance
C. Additional Use Fee (check one):
i. One-time fee: $___________
ii. Other fee: $ None
D. Base Use Fee Adjustment Dates (check if applicable):
i. CPI Adjustment: Annually, effective on the first day of the anniversary month of the Commencement Date, based on the published Consumer Price Index (or its successor) (“CPI”) as defined in Section 3.2.1 of the Standard License Provisions.
ii. Fair Market Rate Adjustment: At intervals of not less than three (3) years, based on the then current fair market rental value of the Premises as set forth in Section 3.2.2 of the Standard License Provisions. iii. Other: None
__________________________________

7. Indemnity and Insurance Requirements.

LICENSEE shall fully comply with all terms and obligations contained within the LICENSE, which are incorporated herein by this reference, as well as all insurance and indemnity requirements. However, if SBCTA allows, in its sole discretion, LICENSEE to obtain insurance varying from the requirements set forth in the LICENSE, which requirements shall be attached hereto in EXHIBIT “B” Insurance Requirements for License and incorporated herein by reference.

Such varying insurance shall be subject to the requirements set forth in Section 9 of the LICENSE 142
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IN WITNESS WHEREOF, this LICENSE was duly executed by the Parties identified in Item 1 of this Part I on the dates below, and is effective as the date executed by SBCTA.

LICENSEE: SBCTA:

CITY OF FONTANA,
a Municipal Corporation

SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY, a
county transportation authority pursuant to
Public Utility Code §§130800 et seq.

By: By:

Name: Name: Raymond W. Wolfe
Title Title: Executive Director
Date: Date:
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PART II – STANDARD LICENSE PROVISIONS

TABLE OF CONTENTS
Section Page

1. GRANT AND SCOPE OF LICENSE .....................................................................................6

2. TERM, TERMINATION AND SURRENDER ......................................................................7

3. PAYMENTS............................................................................................................................9

4. TAXES...................................................................................................................................11

5. LIENS ....................................................................................................................................11

6. ASSUMPTION OF RISK AND WAIVER ...........................................................................12

7. DEFAULT, BREACH AND REMEDIES ............................................................................12

8. INDEMNIFICATION............................................................................................................14

9. INSURANCE.........................................................................................................................14

10. MAINTENANCE AND REPAIR .....................................................................................15

11. ALTERATIONS AND CONSTRUCTION ......................................................................16

12. CONTRACTORS; APPROVAL AND INSURANCE .....................................................16

13. REIMBURSEMENT .........................................................................................................16

14. LANDSCAPING ...............................................................................................................17

15. MARKERS ........................................................................................................................17

16. COMPLIANCE WITH LAWS..........................................................................................17

17. SBCTA’S RIGHT OF ACCESS........................................................................................17

18. ENVIRONMENTAL ASSESSMENT ..............................................................................18

19. HAZARDOUS/TOXIC MATERIAL USE AND IDEMNITY.........................................18

20. UNDERGROUND STORAGE TANKS...........................................................................19

21. CONDEMNATION...........................................................................................................19

22. BROKER'S FEES ..............................................................................................................20

23. SUBORDINATE RIGHTS................................................................................................20

24. ABANDONMENT ............................................................................................................20

25. GENERAL PROVISIONS ................................................................................................20 Exhibits:
“A” Map/Diagram/Depiction of Premises
“B” Insurance Requirements for License
“C” Permitted Hazardous Material
“D” Additional Requirements
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PART II - STANDARD LICENSE PROVISIONS

1. GRANT AND SCOPE OF LICENSE

1.1. Grant of License. SBCTA hereby grants a non-exclusive, revocable license to LICENSEE in, on, over, under, across and along the real property of SBCTA in the location shown in the diagram attached hereto as Exhibit “A” and described in Item 3 of the Basic License Provisions (the “Premises”), for construction, installation, operation, alteration, maintenance, reconstruction and/or removal of the Improvements described in Item 3 of the Basic License Provisions, and any usual and necessary related appurtenances thereto (the “Improvements”), for the purposes described in Item 4 of the Basic License Provisions, together with rights for access and entry onto the Premises as necessary or convenient for the use of the Improvements and for no other purpose. In connection with this grant of license, LICENSEE, its employees, agents, customers, visitors, invitees, licensees, consultants and contractors (collectively, “LICENSEE’s Parties”) subject to the provisions hereof, may have reasonable rights of entry and access onto adjoining real property of SBCTA if necessary for the use of the Improvements or the Premises, with the time and manner of such entry and access to be subject to SBCTA’s prior written approval. The Premises, adjoining real property of SBCTA and personal property of SBCTA located thereon shall hereinafter collectively be referred to as “SBCTA Property.”

1.2. Condition of Premises. LICENSEE acknowledges that it has inspected the Premises in its present condition, including without limitation, all existing environmental conditions. LICENSEE accepts the Premises “as is” as suitable for the purpose for which the Premises are licensed and assumes all risk with respect to all present conditions of the Premises, whether patent or latent, including, without limitation, all existing environmental conditions. Taking of possession by LICENSEE shall be conclusive to establish that the Premises are in good and satisfactory condition when possession is taken.

1.3. Use. The Premises and the Improvements shall be used only for the purposes specified in Item 4 of the Basic License Provisions and for such lawful purposes as may be directly incidental thereto, and no other purpose. No change shall be made by LICENSEE in the use of the Premises, the Improvements or the commodity or product being conveyed through the Improvements (if any) without SBCTA’s prior written approval.

1.4. Non-exclusive and Revocable Nature of License. The LEASE granted herein is not exclusive and SBCTA specifically reserves the right to grant other licenses within the Premises. LICENSEE agrees that notwithstanding the Improvements made by LICENSEE to the Premises or other sums expended by LICENSEE in furtherance of this LICENSE, the license granted herein is fully revocable by SBCTA in accordance with the terms of this LICENSE.

1.5. Easements. SBCTA reserves to itself the right, from time to time, to grant such easements, rights and dedications that SBCTA deems necessary or desirable, and to cause the recordation of parcel maps, easement agreements and covenants, conditions and restrictions, so long as such easements, rights, dedications, maps and covenants, 145
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conditions and restrictions do not unreasonably interfere with the permitted use of the Premises by LICENSEE. LICENSEE shall sign any of the aforementioned documents upon request of SBCTA and failure to do so shall constitute a material breach of this LICENSE.

2. TERM, TERMINATION AND SURRENDER

2.1. Term of License. The term of this LICENSE shall commence on the “Commencement Date” specified in Item 5 of the Basic License Provisions. If Item 5.A of the Basic License Provisions is checked, this LICENSE shall continue in full force and effect on a month-to-month basis. If Item 5.B of the Basic License Provisions is checked, then this LICENSE shall be a license for the term specified in said Item 5.B. The term of this LICENSE as provided above is referred to as the “Term.”

2.2. Termination.

2.2.1. Convenience. If Item 5.A is checked, this LICENSE shall continue in full force and effect on a month-to-month basis until terminated by either Party on ninety (90) days’ prior written notice. If Item 5.B is checked, this LICENSE shall continue in full force and effect until the End Date, unless SBCTA, acting by its Executive Director or his or her designee, for any reason and in its sole and absolute discretion, determines that this LICENSE is no longer in SBCTA’s best interests. In which case, SBCTA may terminate this LICENSE on ninety (90) days’ prior written notice, but SBCTA shall also return to LICENSEE, within thirty (30) days after the termination, the pro-rata portion of any annual Use Fee paid by the LICENSEE for the portion of the agreed term that will not be used by LICENSEE.

2.2.2. Cause. SBCTA may terminate this LICENSE for cause in accordance with the provisions hereof, including, without limitation, Section 24 (Abandonment), Section 7 (Default, Breach and Remedies) and Section 25.11 (Assignment). In addition, SBCTA shall have the right to immediately, without notice and at LICENSEE’s expense, terminate this LICENSE upon discovery of any default set forth in Section 7.1(d) and abate any such public nuisance and/or dangerous condition.

2.2.3. Public Use. In addition to any and all other termination rights of SBCTA described herein, LICENSEE hereby expressly recognizes and agrees that the Premises are located on SBCTA property that may be developed for public projects and programs which may be implemented by SBCTA or other public agencies, such as, but not limited to: rail and bus transitways, bikeways, walkways, beautification projects, roadways, parking facilities, flood control and drainage facilities, and/or any other public or other governmental uses (collectively and individually “Public Use”); and that LICENSEE’s use of the Premises under this LICENSE is a temporary, interim use as to which LICENSEE has no right to nor expectation of use for any particular length of time that may be terminated by SBCTA by ninety (90) days written notice to LICENSEE as set forth in Section 2.2.1 above. Accordingly, as a condition to 146
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entering into this LICENSE, LICENSEE expressly acknowledges and agrees that:
(a) SBCTA may terminate this LICENSE as set forth above for any Public Use, to be determined in the sole and absolute discretion of SBCTA’s Executive Director, or designee;
(b) LICENSEE shall NOT object to, oppose, or protest at any approval proceeding, nor file suit to prevent or delay, any Public Use when planned, proposed or implemented on or adjacent to the Premises; (c) If SBCTA’s Executive Director, or designee, at any time, or from time to time, determines in his or her sole and absolute discretion, that there is a need for the Premises or any adjoining property for a Public Use and such Public Use requires relocation or removal of the Improvements, LICENSEE shall reconstruct, alter, modify, relocate or remove its Improvements, as directed by SBCTA or any parties having operating rights over the Premises, at LICENSEE’s sole cost and expense, within ninety (90) days after written notice from SBCTA; and
(d) LICENSEE expressly assumes all risk of any future Public Use as determined by SBCTA and in the event SBCTA terminates this LICENSE and requires LICENSEE to vacate the Premises for any Public Use, LICENSEE shall not, as a result of such termination and vacation of the Premises, be entitled to receive any:
(i) relocation assistance, moving expenses, goodwill or other payments under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. §4601 et seq. and/or the California Relocation Assistance Law, as amended, California Government Code §7260 et seq; and
(ii) compensation under any eminent domain or inverse condemnation law.

2.2.4. Penalty: If LICENSEE fails to terminate use of the Premises and/or restore the Premises as required in Item 2.3 below, on or before the End Date specified in Item 5.B of the Basic License Provisions or the termination date established as otherwise provided in this License (“Termination Date”), then, in addition to any and all other remedies available to SBCTA under the terms of this LICENSE or at law or equity, SBCTA may so restore the Premises and LICENSEE shall pay a Penalty equal to twice the Base Use Fee in effect on the day prior to the Termination Date, plus twice any Additional Use Fee, calculated and payable on a monthly basis, for the number of months (partial months counting as whole months) from the Termination Date to the date that LICENSEE has terminated use and restored the Premises to the required condition. In the event that any Additional Use Fee is set as a percentage of revenues, or on some other variable basis, it shall be calculated based on the average for the prior twelve month period or if in effect less than one year, the monthly average from the effective date to the day prior to the Termination Date. LICENSEE shall indemnify SBCTA against all liabilities, costs and 147
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damages sustained by SBCTA by reason of such failure to terminate and restore.

2.3. Termination of Use and Restoration of Premises. Upon the Termination Date, unless otherwise requested in writing by SBCTA prior to the Termination Date, LICENSEE, at its own cost and expense, shall immediately remove all alterations additions and Improvements made by LICENSEE to the Premises and restore the SBCTA Property as nearly as possible to the same state and condition as existed prior to the construction, reconstruction or installation of said Improvements. Should LICENSEE fail to comply with the requirements of the preceding sentence, SBCTA may at its option (i) perform the same at LICENSEE’s expense (including costs, interest, and fees), which LICENSEE agrees to pay to SBCTA on demand, or (ii) assume title and ownership of said Improvements. No termination hereof shall release LICENSEE from any liability or obligation hereunder, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date the Improvements are removed and the SBCTA Property is restored.

3. PAYMENTS

3.1. Fees. As consideration for the rights herein granted, LICENSEE agrees to pay to SBCTA the Administration and Use Fees specified in Item 6 of the Basic License Provisions, adjusted as set forth in Section 3.2.

3.1.1. Administration Fee. The Administration Fee set forth in Item 5.A of the Basic License Provisions shall be due and payable, without demand, annually in advance prior to each anniversary of the execution date of this LICENSE.

3.1.2. Base Use Fee. If Item 6.B.i of the Basic License Provisions is checked, the first month’s Base Use Fee noted therein shall be due and payable, without demand, upon LICENSEE’s execution of this LICENSE. Thereafter, the Base Use Fee, as such fee may be adjusted pursuant to the provisions of Section 3.2, shall be due and payable, without demand, on or before the first day of each calendar month succeeding the Commencement Date during the Term. The Base Use Fee for any fractional calendar month at the commencement or end of the Term shall be prorated on a daily basis. If Item 6.B.ii of the Basic License Provisions is checked, the annual Use Fee amount, as such fee may be adjusted pursuant to the provisions of Section 3.2, shall be due and payable, without demand, annually in advance on or before the anniversary month of the Commencement Date for the convenience of both Parties, without affecting the Term of this LICENSE as specified in Section 2.1 of the Basic License Provisions.

3.1.3. Additional Use Fee. If Item 6.C.i of the Basic License Provisions is checked, the one-time fee noted therein shall be due and payable upon execution of this LICENSE by LICENSEE. If Item 6.C.ii of the Basic License Provisions is checked, the fee noted therein shall be due and payable as indicated in Item

6.C.ii.
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3.2. Use Fee Adjustment.

3.2.1. Annual CPI Adjustment. If Item 6.D.i of the Basic License Provisions is checked, then the Base Use Fee shall be increased, but not decreased, as provided below on the first day of each month during which an annual anniversary of the Commencement Date occurs unless another date is provided in Item 5 of the Basic License Provisions (the “Adjustment Date”). If no adjustment is made at the annual anniversary date, an adjustment may nevertheless be made at a subsequent date and thereafter at not less than annual intervals. The adjusted Base Use Fee as of each Adjustment Date shall be the greater of the Base Use Fee on the day preceding that Adjustment Date or that amount multiplied by a fraction, the numerator of which is the latest CPI figure as of the month that is three (3) months prior to the month during which the particular Adjustment Date occurs and the denominator of which is the latest CPI figure as of the month that is three (3) months prior to the month containing the prior Adjustment Date or, if there has been no prior Adjustment, three (3) months prior to the first day of the anniversary month of the Commencement Date. As used in this section, the “CPI” means the Consumer Price Index for Urban Wage Earners and Clerical Workers, Riverside/San Bernardino/Ontario, all items (DECEMBER 2017 = 100), published by the U.S. Department of Labor, Bureau of Labor Statistics (Bureau) as Series Id: CWURS49CSA0, or if such index is no longer published, the U.S. Department of Labor’s most comprehensive official index then in use that most nearly corresponds to the index named above. If it is calculated from a base different from the base period DECEMBER 2017 = 100, figures used for calculating the adjustment shall first be converted to the base period used under a formula supplied by the Bureau.

If a comparable index shall no longer be published by the U.S. Department of Labor, another index generally recognized as authoritative shall be substituted by SBCTA.

3.2.2. Fair Market Adjustment. If Item 6.D.ii of the Basic License Provisions is checked, then, at intervals of not less than three (3) years, the Base Use Fee (as such fee may be adjusted by Section 3.2.1, above) payable under this Section 3 shall be increased, but not decreased, in order to adjust the fee to the then fair market rental value of the Premises as determined by SBCTA in good faith.

Such increases shall be effective as of thirty (30) days after written notice from SBCTA to LICENSEE of such adjustment, or the date specified in such written notice, whichever is later. If no adjustment is made at any three (3) year interval, an adjustment may nevertheless be made on any subsequent date and thereafter at intervals of not less than three (3) years apart.

3.2.3. Other Adjustment. If Item 6.D.iii of the Basic License Provisions is checked, then, in addition to any adjustments required under Items 6.D.i and 6.D.ii, the adjustment set forth in 6.D.iii shall be applied in accordance with its terms.

3.3. Late Charge. LICENSEE acknowledges that late payment by LICENSEE of any payment owed to SBCTA under this LICENSE will cause SBCTA to incur costs not contemplated by this LICENSE, the exact amount of such costs being extremely difficult and impracticable to determine. Therefore, if any payment due from 149
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LICENSEE is not received by SBCTA within thirty (30) days without demand, annually in advance of the anniversary month of the Commencement Date, LICENSEE shall pay to SBCTA an additional sum of ten percent (10%) of the overdue payment as a late charge, up to a maximum amount of $500 for each late payment. The Parties agree that this late charge represents a fair and reasonable estimate of the administrative costs that SBCTA will incur by reason of a late payment by LICENSEE. Acceptance of any late payment charge shall not constitute a waiver of LICENSEE’s default with respect to the overdue payment, nor prevent SBCTA from exercising any of the other rights and remedies available to SBCTA under this LICENSE, at law or in equity. In addition, any payment not made within thirty (30) days of the anniversary month of the Commencement Date shall bear interest at the rate of fourteen percent (14%) per annum, or the highest legally allowable rate, whichever is lower, until paid in full.

4. TAXES
LICENSEE shall be liable for and agrees to pay promptly and prior to delinquency, any tax or assessment, including but not limited to any possessory interest tax as described in California Revenue and Taxation Code Section 107, levied by any governmental authority: (a) against the Improvements, the Premises and/or any personal property, fixtures or equipment located on or placed on the Premises, whether owned by LICENSEE or any person or entity acting for or at the request of LICENSEE; or (b) as a result of the LICENSEE’s or the Improvements’ operations.

5. LIENS
LICENSEE will fully and promptly pay for all materials joined or affixed to the Improvements or Premises, and fully and promptly pay all persons who perform labor upon said Improvements or Premises. LICENSEE shall not suffer or permit to be filed or enforced against the Premises or the Improvements, or any part thereof, any mechanics’, materialmen’s, contractors’, or subcontractors’ liens or stop notices arising from, or any claim for damage growing out of, any testing, investigation, maintenance, Work, activities, or operations of LICENSEE, or out of any other claim or demand of any kind. The term “Work” under this LICENSE means any construction, reconstruction, installation, restoration, alteration, repair, replacement, or removal, other than normal maintenance. LICENSEE shall provide SBCTA with immediate written notice of any such liens, claims, demands, or stop notices that are placed against the Premises or the Improvements. LICENSEE shall pay or cause to be paid all such liens, claims or demands, including sums due with respect to stop notices, together with attorney’s fees incurred by SBCTA with respect thereto, within ten (10) business days after notice thereof and shall indemnify, hold harmless and defend SBCTA from any and all such obligations and claims, including attorney’s fees. LICENSEE shall furnish evidence of payment upon request of SBCTA. LICENSEE may contest any lien, claim or demand by furnishing a statutory lien bond or equivalent with respect to stop notices to SBCTA in compliance with applicable California law. If LICENSEE does not discharge any mechanic’s lien or stop notice for works performed for LICENSEE, SBCTA shall have the right to discharge same (including by paying the claimant) and LICENSEE shall reimburse SBCTA for the cost of such discharge, as well as any associated costs and fees, within ten (10) business days after billing. SBCTA reserves the right at any time to post and maintain on the Premises such notices as may be necessary to protect SBCTA against liability for all such liens and claims. The provisions of this section shall survive the termination of this LICENSE. 150
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6. ASSUMPTION OF RISK AND WAIVER
To the maximum extent allowed by law, LICENSEE assumes any and all risk of loss, damage or injury of any kind to any person or property, including without limitation, the Improvements, the SBCTA Property and any other property of, or under the control or custody of, LICENSEE, which is on or near the Premises, caused by LICENSEE’s negligence or intentional misconduct.

LICENSEE’s assumption of risk shall include, without limitation, loss or damage caused by defects in any structure or improvement on the SBCTA Property, accident or fire or other casualty on the SBCTA Property, and electrical discharge, noise or vibration resulting from SBCTA’s transit operations on or near the SBCTA Property, caused by LICENSEE’s negligence or intentional misconduct. The term “SBCTA” as used in this section shall include: (i) any transit or rail-related company validly operating upon or over SBCTA’s tracks or other property, and (ii) any other persons or companies employed, retained or engaged by SBCTA. LICENSEE, on behalf of itself and its officers, directors, affiliates, employees, agents, independent contractors and subcontractors and anyone directly or indirectly employed by LICENSEE or for whose acts LICENSEE is liable (collectively, “Personnel”), as a material part of the consideration for this LICENSE, hereby waives all claims and demands against SBCTA for any such loss, damage or injury of LICENSEE and/or its Personnel, except where caused by the negligence or willful misconduct of SBCTA or a third party. In that connection, LICENSEE expressly waives the benefit of California Civil Code Section 1542, which provides as follows:

A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor.

The provisions of this section shall survive the termination of this LICENSE.

7. DEFAULT, BREACH AND REMEDIES

7.1. Licensee Default. LICENSEE shall be deemed to have breached and be in default under this LICENSE when any of the following occurs:
(a) LICENSEE shall fail to make any payment or any reimbursement to SBCTA required herein when due;
(b) LICENSEE shall vacate all or a substantial portion of the Premises, whether or not LICENSEE is in default of the payment or other charges due under this LICENSE; (c) LICENSEE shall fail to comply with any other term, provision or covenant of this LICENSE, and shall not cure such failure within thirty (30) days after written notice thereof to LICENSEE; or
(d) LICENSEE shall create or maintain, or allow any other person or entity to create or maintain, any public nuisance or any condition that fails to comply with any applicable federal, state, SBCTA or rail operator specifications or safety regulations or that presents a danger to public safety or a safety hazard to any operations, personnel, passengers or property of SBCTA or any rail carrier operating upon the affected rail line(s) on the Premises or SBCTA’s adjacent right of way.

7.2. SBCTA’s Remedies.
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7.2.1. Termination. Upon the occurrence of LICENSEE’s default and breach, is not cured within thirty (30) days (or such longer period as may be necessary in the circumstances and agreed to in writing by SBCTA), SBCTA shall have the right, by giving notice to LICENSEE, to terminate this LICENSE as of the end period specified in the notice to cure, and at any time thereafter to recover possession of the Premises or any part thereof and expel and remove therefrom LICENSEE and any other person occupying the same, by any lawful means, and again repossess and enjoy the Premises without prejudice to any of the remedies that SBCTA may have under this LICENSE, at law or equity by reason of LICENSEE’s default or of such termination.

7.2.2. Corrective Measures. Should LICENSEE default on, breach, or fail to keep, observe or perform any agreement, covenant, term or condition on its part herein contained, then, in addition to any other available rights and remedies, SBCTA at its option may perform any corrective measures deemed by SBCTA in its sole and absolute discretion to be necessary or appropriate to protect public health or safety, or SBCTA’s legitimate governmental or proprietary interests or the interests of its railroad operators, at LICENSEE’s expense (including fees, costs and interest) which LICENSEE agrees to pay to SBCTA upon demand.

7.2.3. Costs. If SBCTA incurs any cost or expense occasioned by the default of LICENSEE (including but not limited to attorneys’ fees and costs), then SBCTA shall be entitled to receive such costs together with interest on all funds SBCTA expends at the lesser of fourteen percent (14%) per annum or the maximum rate allowed by law, whichever is lower, including without limitation, brokers’ fees incurred by SBCTA in connection with relicensing the whole or any part of the Premises; the costs of removing and storing LICENSEE’s or other occupant’s property; the costs of repairing, altering, and/or otherwise restoring the Premises to a safe and suitable condition, useable and acceptable to SBCTA, rail operators and future licensees; and all reasonable expenses incurred by SBCTA in enforcing or defending SBCTA’s rights and remedies, including reasonable attorneys’ fees whether or not suit is actually filed.

7.2.4. Remedies Cumulative. All rights, privileges and remedies of the parties are cumulative and not alternative or exclusive to the extent permitted by law except as otherwise provided herein

7.3. SBCTA Default and Licensee’s Remedies . SBCTA shall not be in default under this LICENSE unless SBCTA fails to perform obligations required of SBCTA within sixty (60) days after written notice is delivered by LICENSEE to SBCTA specifying the obligation which SBCTA has failed to perform; provided, however, that if the nature of SBCTA’s obligation is such that more than sixty (60) days are required for performance, then SBCTA shall not be in default if SBCTA commences performance within such sixty (60) day period and thereafter diligently prosecutes the same to completion. LICENSEE’s exclusive remedies shall be an action for specific performance.
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8. INDEMNIFICATION

8.1. LICENSEE, on behalf of itself and its successors and assigns, agrees to indemnify, defend (by counsel satisfactory to SBCTA), and hold harmless SBCTA, and its officers, directors, employees, agents, consultants, contractors, permittees, successors and assigns (individually and collectively, “Indemnitees”), to the maximum extent allowed by law, from and against all loss, liability, claims, demands, suits, liens, claims of lien, damages (including consequential damages), costs and expenses (including, without limitation, any fines, penalties, judgments, litigation expenses, and experts’ and attorneys’ fees), that are incurred by or asserted against Indemnitees arising out of or connected in any manner with (i) the acts or omissions to act of the LICENSEE or its Personnel (as defined in Section 6 (Assumption of Risk and Waiver) or invitees of LICENSEE in connection with the SBCTA Property or the presence upon or performance of activities by LICENSEE or its Personnel with respect to the SBCTA Property, (ii) bodily injury to or death of any person (including employees of Indemnitees) or damage to or loss of use of property resulting from such acts or omissions of LICENSEE or its Personnel, or (iii) non-performance or breach by LICENSEE or its Personnel of any term or condition of this LICENSE, in each case whether occurring during the Term of this LICENSE or thereafter.

8.2. The LICENSEE acknowledges that any construction allowed on the Premises pursuant to this LICENSE is not being performed for SBCTA’s benefit or on SBCTA’s account and that this is an agreement allowing LICENSEE and/or its contractor(s) to enter upon SBCTA’s Property as an accommodation within the meaning of California Civil Code Section 2782.1. Therefore, the foregoing indemnity shall be effective regardless of any negligence on the part of Indemnitees, unless caused solely by the gross negligence or willful misconduct of Indemnitees, and is in addition to any other rights or remedies which Indemnitees may have under the law or under this LICENSE. Upon request of SBCTA, LICENSEE shall provide insurance coverage for possible claims or losses covered by the indemnification and defense provisions of this LICENSE.

8.3. Claims against the Indemnitees by LICENSEE or its Personnel shall not limit the LICENSEE’s indemnification obligations hereunder in any way, whether or not such claims against Indemnitees may result in any limitation on the amount or type of damages, compensation, or benefits payable by or for LICENSEE or its Personnel under workers’ compensation, disability benefits or other employee benefits laws or insurance.

8.4. The indemnification and defense obligations of LICENSEE set forth in this section shall survive the termination and End Date of this LICENSE.

9. INSURANCE

9.1. SBCTA’s Insurance. SBCTA may maintain insurance covering the Premises and SBCTA’s ownership and operation thereof in such types and amounts as it deems necessary in its sole discretion. Such insurance shall be for the sole benefit of SBCTA and under its sole control. LICENSEE’s insurance policies shall provide primary coverage to SBCTA; when any such policy issued to SBCTA provides duplicate 153
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coverage or is similar in coverage, SBCTA’s policy will be excess over LICENSEE’s policies.

9.1.1. Licensee’s Insurance. LICENSEE, at its sole cost and expense, shall obtain and maintain in full force and effect during the Term of this LICENSE insurance as required by SBCTA in the amounts and coverages specified and issued by insurance companies as described in, and meeting all other requirements set forth in EXHIBIT “B”. SBCTA reserves the right, throughout the Term of this LICENSE, to review and change the amount and type of insurance coverage it requires at such time LICENSEE requests an amendment or modification to this LICENSE, if applicable, in connection with any Work to be performed on the Premises. Prior to (i) entering the Premises or (ii) performing any Work or maintenance on the Premises, LICENSEE shall furnish SBCTA with insurance endorsements and/or certificates evidencing the existence, amounts and coverages of the insurance required to be maintained hereunder. SBCTA shall not be liable for the payment of any premiums or assessments for insurance required to be maintained by LICENSEE under this LICENSE. Self-insurance is not permitted, however, SBCTA may, in its sole and absolute discretion, permit self-insurance on a case by case, coverage by coverage basis where the LICENSEE has documented, to SBCTA’s sole satisfaction, sufficient available assets and/or available funds and sufficient legal security in those assets to assure SBCTA that its risk is not greater than it would have been with acceptable insurance coverage, and otherwise meeting SBCTA’s self-insurance requirements. The privilege to self-insure with respect to any coverage required to be maintained hereunder may be granted or revoked by SBCTA at its sole and absolute discretion at any time. Upon revocation of self-insurance privilege, LICENSEE shall immediately provide all required insurances.

9.2. Modifications to Insurance. Should any action by the LICENSEE require SBCTA to increase fire and extended coverage insurance premiums, or if LICENSEE’s vacation of the Premises causes any increase in such premiums, then LICENSEE shall pay as an additional fee to SBCTA the amount of such increase upon demand by SBCTA, the amount required to correct at LICENSEE’s expense the cause of such disallowance, penalty or surcharge to the satisfaction of the particular insurance authority.

10. MAINTENANCE AND REPAIR
LICENSEE, at LICENSEE’s sole expense, shall during the Term of this LICENSE maintain the Improvements within the Premises, and the Premises itself, in a good condition, free from weeds, litter, debris, refuse or other nuisance, and shall perform all maintenance and clean-up of the Premises and the Improvements as necessary to keep the Premises and the Improvements in good order and condition to SBCTA’s sole satisfaction. If any portion of the SBCTA Property, including improvements or fixtures, suffers damage by reason of the access to or Use of the Premises by LICENSEE or LICENSEE’s employees, agents, customers, invitees, licensees, consultants, contractors and subcontractors (collectively, “LICENSEE’s Parties”), including but not limited to damage arising from any tests or investigations conducted upon the Premises by LICENSEE or LICENSEE’s Parties, LICENSEE shall, at its own cost and expense, immediately repair all such damage and restore the SBCTA Property to as good a condition as before such cause of damage occurred. Repair of damage shall include, without limitation, re-grading and 154
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resurfacing of any holes, ditches, indentations, mounds or other inclines created by any excavation by LICENSEE or LICENSEE’s Parties. LICENSEE shall not perform any maintenance on railroad tracks and facilities without express prior written approval of and direction from SBCTA or the railroads with valid operating authority over SBCTA’s lines and compliance with all applicable standards, specifications and safety requirements.

11. ALTERATIONS AND CONSTRUCTION
Except as otherwise provided herein, LICENSEE shall make no alterations, additions or Improvements to the Premises without obtaining the prior written consent of SBCTA in each instance. Any work performed or caused to be performed by LICENSEE on the Improvements or the Premises shall be performed (a) at LICENSEE’s sole cost and expense; (b) in accordance with any and all applicable permit requirements, laws, rules, regulations and safety requirements (including SBCTA’s rules and regulations), and (c) in a manner which is (i) equal to or greater than the then applicable standards of the industry for such work, and (ii) satisfactory to SBCTA.

LICENSEE shall submit written notice and work plans to SBCTA for review and approval at least thirty (30) days prior to commencement of any work on the Premises. Any such work must be carried out pursuant to the work plans approved in writing by SBCTA and in compliance with any and all SBCTA rules, regulations and other requirements. SBCTA shall have the right at any time and from time to time to post and maintain notices of non-responsibility. Unless otherwise requested by SBCTA, upon completion of any work, LICENSEE shall restore the SBCTA Property to its condition immediately preceding the commencement of such work.

12. CONTRACTORS; APPROVAL AND INSURANCE
Any of LICENSEE’s Parties performing any Work on the Improvements or the Premises shall first be approved in writing by SBCTA and acquire all required right of entry permits and authorizations from SBCTA and any rail operator utilizing affected or adjacent railroad tracks. With respect to such Work, LICENSEE shall, at its sole cost and expense, obtain and maintain in full force and effect throughout the term of such Work, insurance, as required by SBCTA, in the amounts and coverage specified on and issued by insurance companies as described in EXHIBIT “B”.

Additionally, LICENSEE shall cause any and all of its contractors and subcontractors which may (i) be involved with such Work, or (ii) may, for any reason, need to enter onto the Premises, to obtain and maintain in full force and effect during the Term of this LICENSE, or throughout the term of such Work (as applicable), insurance, as required by SBCTA, in the amounts and coverage specified on, and issued by insurance companies as described in EXHIBIT “B”. SBCTA reserves the right, throughout the Term of this LICENSE, to review and change the amount and type of insurance coverage it requires at such time LICENSEE requests an amendment or modification to this LICENSE, if applicable, in connection with any Work to be performed on the Premises.

13. REIMBURSEMENT
LICENSEE agrees to reimburse SBCTA for all reasonable costs and expenses that SBCTA incurs in connection with Work on or maintenance of the Premises or the Improvements, including, but not limited to, costs incurred by SBCTA in furnishing any materials or performing any labor, reviewing LICENSEE’s Work plans and inspecting any Work, installing or removing protection beneath or along SBCTA’s tracks, furnishing of watchmen, flagmen and inspectors as SBCTA deems necessary and such other items or acts as SBCTA in its sole discretion deems necessary to monitor or aid in compliance with this LICENSE, protect the safety of, and railway operations 155
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upon, its tracks and right-of-way, and to otherwise protect its interests. The costs and expenses addressed in this Section 13 shall include all costs that SBCTA incurs in complying with the Work or maintenance requirements of the railroads with valid operating authority over SBCTA’s lines.

14. LANDSCAPING
If required by SBCTA, then LICENSEE, at its sole cost and expense, shall install barrier landscaping to shield the Improvements from public view. SBCTA shall have the right to review and approve landscaping plans prior to installation. All landscaping activities shall be done in accordance with the provisions of Section 11 above (Alterations and Construction).

15. MARKERS
Except as modified by any additional provisions attached at Exhibit “D”, project markers in form and size satisfactory to SBCTA, identifying the Improvements and their owner(s), shall be installed and constantly maintained by and at the expense of LICENSEE at such locations as SBCTA shall designate. Such markers shall be relocated or removed upon request of SBCTA without expense to SBCTA. Absence of markers in or about SBCTA Property does not constitute a warranty by SBCTA of the absence of subsurface installations.

16. COMPLIANCE WITH LAWS
LICENSEE shall comply with all applicable federal, state and local laws, regulations, rules and orders in its Work on, or maintenance, inspection, testing or use of, the SBCTA Property, and shall furnish satisfactory evidence of such compliance promptly upon request of SBCTA. LICENSEE shall obtain all required permits or leases required by any governmental authority for its use of the Premises, at its sole cost and expense. LICENSEE shall comply with all SBCTA policies, rules and regulations applicable to its properties. Subject to SBCTA’s approval, LICENSEE shall at its own cost and expense install and construct all physical improvements to or needed to serve the Premises that are required by any federal, state or local building code or other law or regulation applicable to the Premises, or that are made necessary by the nature of LICENSEE’s use of the Premises. LICENSEE shall promptly comply with all governmental orders and directives for the correction, prevention and abatement of nuisances in or upon, or connected with, the Premises, all at LICENSEE’s sole expense.

17. SBCTA’S RIGHT OF ACCESS

17.1. Inspections. SBCTA shall have the right at any time (upon provision of reasonable notice of inspection to LICENSEE) or in case of emergency (without notice), to inspect the Premises in order to protect SBCTA’s interests therein and to monitor compliance with this LICENSE, including compliance with applicable federal, state and local laws, regulations, rules and orders. Failure to submit to or cooperate with any inspection may result in termination of the LICENSE

17.2. Tests. If, in SBCTA’s sole judgment, any installation on, or use or condition of the Premises may have an adverse effect on the Premises or SBCTA Property, adjacent property or SBCTA’s operations, SBCTA shall be permitted to conduct any tests or assessments, including but not limited to environmental assessments, of, on or about the Premises, as it determines to be necessary or useful to evaluate the condition of the Premises. LICENSEE shall cooperate with SBCTA in any tests or inspections deemed necessary by SBCTA.
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17.3. Costs. LICENSEE shall pay or reimburse SBCTA, as appropriate, for all reasonable costs and expenses incurred due to tests, inspections or any necessary corrective Work, maintenance and inspections thereafter. SBCTA may establish an inspection fee, which may be changed from time to time, as part of an inspection program. The user shall pay such fee for each such inspection. Failure to pay the fee may result in termination of the LICENSE.

17.4. Sale or Lease of Premises. SBCTA may at any time place on or about the Premises (including the Improvements) any ordinary “for sale” and “for lease” signs.

LICENSEE shall also permit SBCTA and its agents, upon request, to enter the Premises or any part thereof, at reasonable times during normal business hours, to show the Premises to prospective tenants, purchasers or mortgagees.

18. ENVIRONMENTAL ASSESSMENT
Upon execution of this LICENSE, SBCTA may, in its sole discretion and if applicable, require LICENSEE to retain a duly licensed environmental consultant acceptable to SBCTA who shall perform an environmental assessment of the Premises and LICENSEE’s and LICENSEE’s Parties’ business activities and prepare a report on LICENSEE’s and/or LICENSEE’s Parties’ compliance with the provisions of this section. If determined by SBCTA to be necessary or useful to evaluate the condition of the Premises, SBCTA may require LICENSEE to cause a similar environmental assessment to be conducted on an annual basis, and/or upon or within one (1) year after the expiration or earlier termination of this LICENSE, the cost of which shall be the sole responsibility of LICENSEE. LICENSEE shall provide a copy of the report or reports from the consultant(s) promptly to SBCTA upon receipt and upon request shall promptly provide to SBCTA a copy of all data, documents and other information prepared or gathered in connection therewith.

19. HAZARDOUS/TOXIC MATERIAL USE AND INDEMNITY

19.1. LICENSEE shall operate and maintain the Premises in compliance with all Environmental Laws, and shall not cause or permit the Premises to be in violation of any Environmental Law which is now or may hereafter become applicable to LICENSEE or the Premises. As used herein, “Environmental Law(s)” means any federal, state or local environmental, health and/or safety-related law, regulation, standard, decision of a court, permit or permit conditions, currently existing or as amended or adopted in the future. Except for any Hazardous Material expressly approved by SBCTA in writing as shown on Exhibit “C”, LICENSEE shall not cause or permit, or allow any of LICENSEE’s Parties to cause or permit, any Hazardous Material to be brought upon, stored, used, generated, treated or disposed of on or about the SBCTA Property. Any Hazardous Material on the site shall be stored, used, generated and disposed of in accordance with all applicable Environmental Laws. As used herein, “Hazardous Material” means any chemical, substance or material, including any mixture or solution, which by virtue of its properties or effects is potentially harmful to health, safety or property, or which is now or becomes in the future listed, defined or regulated in any manner under any Environmental Law as a hazardous or dangerous material or substance.

19.2. LICENSEE shall indemnify, defend (by counsel acceptable to SBCTA) and hold harmless the Indemnitees, as defined in Section 8 (Indemnification), from and against 157
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all loss, liability, claim, damage, cost or expense (including without limitation, any fines, penalties, judgments, litigation expenses, attorneys’ fees, and consulting, engineering, and construction fees and expenses) incurred by Indemnitees as a result of (a) LICENSEE’s breach of any prohibition or provision of this section, or (b) any release of Hazardous Material upon or from the Improvements or the Premises or contamination of the SBCTA Property which:(i) occurs due to the use and occupancy of the Improvements or the Premises by LICENSEE or LICENSEE’s Parties, or (ii) is made worse due to the act or failure to act of LICENSEE or LICENSEE’s Parties.

19.3. The foregoing indemnity shall be effective regardless of any negligence on the part of Indemnitees, unless caused solely by the gross negligence or willful misconduct of Indemnitees; shall survive expiration or termination of this LICENSE; and is in addition to any other rights or remedies which Indemnitees may have under the law or under this LICENSE.

19.4. In addition, in the event of any release on or contamination of the Premises, LICENSEE, at its sole expense, shall promptly take all actions necessary to clean up the affected property (including the SBCTA Property and all affected adjacent property – whether or not owned by SBCTA) and to return the affected property to the condition existing prior to such release or contamination, to the satisfaction of SBCTA and any governmental authorities having jurisdiction, unless such release or contamination was solely caused by the gross negligence or willful misconduct of SBCTA.

20. UNDERGROUND STORAGE TANKS

20.1. NEITHER LICENSEE NOR LICENSEE’S PARTIES SHALL INSTALL OR USE

ANY UNDERGROUND STORAGE TANKS ON THE PREMISES UNLESS

SPECIFICALLY APPROVED IN ADVANCE IN WRITING BY SBCTA, WHICH APPROVAL MAY BE WITHHELD IN SBCTA’S SOLE DISCRETION.

20.2. At SBCTA’s option, upon the termination of this LICENSE at any time and for any reason, LICENSEE shall, prior to the effective date of such termination, remove and close all underground storage tanks and related equipment installed by LICENSEE, and clean up and remove all Hazardous Material in, on, under and about the Premises, caused by such installation, in accordance with the requirements of all Environmental Laws and to the satisfaction of SBCTA and any governmental authorities having jurisdiction thereover, and deliver to SBCTA a copy of a certificate of closure issued for such tanks by the appropriate governmental authority. Upon acceptance of the planned use of an underground storage tank, the LICENSEE may be required to obtain an Environmental Liability policy with limits approved by SBCTA’s Risk Manager.

21. CONDEMNATION
In the event all or any portion of the Premises shall be taken or condemned for public use by a governmental agency or any other party having the power of eminent domain (including conveyance by deed in lieu of or in settlement of condemnation proceedings), LICENSEE shall receive compensation (if any) only for the taking and damage to the Improvements. Any other compensation or damages arising out of such taking or condemnation awarded to LICENSEE are hereby assigned by LICENSEE to SBCTA.
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22. BROKER’S FEES
LICENSEE represents and warrants that it has dealt with no broker, agent or other third party in connection with this transaction and LICENSEE agrees to indemnify and hold SBCTA harmless from and against any claims by any broker, agent or other party claiming a commission or other form of compensation by virtue of having dealt with LICENSEE with regard to obtaining this LICENSE.

23. SUBORDINATE RIGHTS
This LICENSE is subject and subordinate to the prior and continuing rights and obligation of SBCTA, its successors and assigns, to use the SBCTA Property in the exercise of its powers and in the performance of its duties, including those as a public transportation body, and to all Bonds, and their respective indentures, issued by SBCTA in any of its capacities and/or by any of its affiliated entities now in place or hereafter issued. Accordingly, there is reserved and retained unto SBCTA, its successors, assigns and permittees, the right to construct, reconstruct, operate, maintain, use and/or relocate existing and future rail tracks, facilities and appurtenances and existing and future transportation, communication, pipeline and other facilities and appurtenances in, upon, over, under, across and along the SBCTA Property or any portion thereof, and in connection therewith the right to grant and convey to others, rights and interests to the SBCTA Property or the Premises and in the vicinity of the Improvements, regardless of any effect or impact on the Improvements. LICENSEE shall bear all costs and losses it incurs associated with any modifications to the Improvements necessary to accommodate SBCTA’s exercise of any right hereunder. This LICENSE is subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens, claims and other matters of title (“title exceptions”) which may affect the SBCTA Property now or hereafter. This LICENSE is executed and delivered by SBCTA without any warranty of title, express or implied, and the words “grant” or “convey” as used herein shall not be construed as a warranty of title or a covenant against the existence of any such title exceptions.

24. ABANDONMENT
Should LICENSEE at any time abandon the use of the Improvements or the Premises, or any part thereof, or fail at any time for a continuous period of ninety (90) days to use the same for the purposes contemplated herein, then this LICENSE shall terminate to the extent of the portion so abandoned or discontinued, and in addition to any other rights or remedies, SBCTA shall immediately be entitled to exclusive possession and ownership of the portion so abandoned or discontinued, without the encumbrance of this LICENSE.

25. GENERAL PROVISIONS

25.1. Notices. All notices and demands which either of the Parties is required to or desires to give to the other shall be made in writing by personal delivery, by express courier service or by certified mail postage prepaid, and addressed to the other Party at its address set forth in the Basic License Provisions. Either of the Parties may change its address for the receipt of notice by giving written notice thereof to the other Party in the manner herein provided. Notices shall be effective only upon receipt by the Party to whom notice or demand is given.
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25.2. Governing Law. This LICENSE shall be governed by the laws of the State of California.

25.3. Binding Effect. The terms, provisions and covenants and conditions contained in this LICENSE shall apply to, inure to the benefit of, and be binding upon, the parties hereto and upon their respective heirs, legal representatives, successors and permitted assigns, except as otherwise herein expressly provided. If more than one person executes this LICENSE as LICENSEE, then each shall be jointly and severally liable for all obligations of LICENSEE hereunder.

25.4. No Third Party Beneficiaries. This LICENSE is not intended by either party to confer any benefit on any third party other than the constituent members of SBCTA, including without limitations any broker, finder, or brokerage firm.

25.5. Severability. If any term, covenant, condition or provision of this LICENSE, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions, or provisions of this LICENSE, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

25.6. Interest on Past-due Obligations. Except as expressly herein provided, any amount due to SBCTA that is not paid when due shall bear interest, beginning on the 31 st date of when due, without demand, at the maximum rate then allowable by law. Such interest will be due SBCTA as it accrues. Payment of such interest shall not excuse or cure any default by LICENSEE under this LICENSE, provided, however, that interest shall not be payable on late charges incurred by LICENSEE..

25.7. Captions. The captions included in this LICENSE are for convenience only and in no way define, limit, or otherwise describe the scope or intent of this LICENSE or any provision hereof, or in any way affect the interpretation of this LICENSE.

25.8. Survival of Obligations. All obligations of LICENSEE hereunder not fully performed as of the expiration or earlier termination of the Term of this LICENSE shall survive the expiration or earlier termination of this LICENSE, including without limitation all indemnity and defense obligations, all payment obligations with respect to Fees and all obligations concerning the condition of the SBCTA Property and the Improvements.

25.9. Waiver of Covenants or Conditions. The waiver by either Party of any term, covenant, agreement or condition under this LICENSE shall not invalidate this LICENSE, nor shall it be considered a waiver by it of any other covenant or condition or of the same covenant or condition in another instance. To the extent patterns of practice between the Parties are inconsistent with the terms of this LICENSE, such patterns of practice shall not waive in part or in full SBCTA’s right to insist upon strict accordance with any of the provisions of this LICENSE. The subsequent acceptance of payments hereunder by SBCTA shall not be deemed to be a waiver of any preceding breach by LICENSEE of any provisions, covenant, agreement or condition of this LICENSE, other than the failure of LICENSEE to pay the particular payment so accepted, regardless of SBCTA's knowledge of such preceding breach at the time of acceptance of such payment.
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25.10. Effective Date/Nonbinding Offer. Submission of this LICENSE for examination or signature by LICENSEE does not constitute an offer of or option for a license, and it is not effective as a license or otherwise until executed and delivered by both SBCTA and LICENSEE. Each individual executing this LICENSE on behalf of SBCTA or LICENSEE represents and warrants to the other Party that he or she is authorized to do so.

25.11. Assignment. This LICENSE and the license granted herein are personal to the LICENSEE. LICENSEE shall not assign or transfer (whether voluntary or involuntary) this LICENSE in whole or in part, or permit any other person or entity to use the rights or privileges hereby conveyed, without the prior written consent of SBCTA, which may be withheld in SBCTA’s sole and absolute discretion, and any attempted act in violation of the foregoing shall be void and without effect and be a material breach of this LICENSE, which gives SBCTA the right to immediately terminate this LICENSE and seek all other available remedies for breach. Notwithstanding the foregoing, LICENSEE may, with SBCTA’s consent, assign or transfer this LICENSE to any entity that it controls, is controlled by, or is under common control with LICENSEE.

25.12. Entire Agreement; Amendments. This LICENSE, including all attached Exhibits, constitutes the entire agreement between the Parties and supersedes all prior verbal or written agreements and understandings between the Parties with respect to the items set forth in this LICENSE. The Parties each acknowledge that no representations, inducements, promises or agreements, oral or written, have been made by either SBCTA or LICENSEE, or anyone acting on behalf of SBCTA or LICENSEE, other than those contained in this LICENSE. No amendments, changes, revisions, or discharges, at any time in whole or in part, of this LICENSE shall be binding upon the Parties unless they are in writing and executed by the Parties.

25.13. Attorneys’ Fees. If either SBCTA or LICENSEE commences or engages in, or threatens to commence or engage in, an action by or against the other party arising out of or in connection with this LICENSE or the Premises, the prevailing party shall be entitled to have and recover from the losing party reasonable attorneys’ fees and other costs incurred in connection with the action, preparation for such action, any appeals relating thereto and enforcing any judgments rendered in connection therewith. If SBCTA becomes involved in any action, threatened or actual, by or against anyone not a party to this LICENSE, but arising by reason of or related to any act or omission of LICENSEE or LICENSEE’s Parties, LICENSEE agrees to pay SBCTA’s reasonable attorneys’ fees and other costs incurred in connection with the action, preparation for such action, any appeals relating thereto and enforcing any judgments rendered in connection therewith.

25.14. Nondiscrimination. LICENSEE certifies and agrees that all persons employed by LICENSEE and LICENSEE’s affiliates, subsidiaries, or holding companies, and any contractors retained by LICENSEE with respect to the Premises, are and shall be treated equally without regard to or because of race, religion, ancestry, national origin, or sex, and in compliance with all federal and state laws prohibiting discrimination in employment, including but not limited to the Civil Rights Act of 1964; the Unruh Civil Rights Act; the Cartwright Act; and the California Fair Employment Practices Act. 161
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25.15. Further Acts. LICENSEE agrees to perform any further acts and to execute and deliver in recordable form any documents which may be reasonably necessary to carry out the provisions of this LICENSE, including, at SBCTA’s sole discretion, the relocation of the Improvements and the license granted hereby.

25.16. Time of Essence. Time is of the essence for this LICENSE.

25.17. Certificates. LICENSEE agrees from time to time within thirty (30) days after request of SBCTA, to deliver to SBCTA, or SBCTA’s designee, an estoppel certificate stating that this LICENSE is in full force and effect, the date to which all applicable payments have been paid, the unexpired Term of this LICENSE and such other matters pertaining to this LICENSE as may be requested by SBCTA.

25.18. Security Measures. LICENSEE hereby acknowledges that the payments payable to SBCTA hereunder do not include the cost of guard service or other security measures, and that SBCTA shall have no obligation whatsoever to provide same. LICENSEE assumes all responsibility for the protection of LICENSEE, LICENSEE’s Parties and their property from acts of third parties.

25.19. Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one Party to the other under the provisions hereof, the Party against whom the obligation to pay the money is asserted shall have the right to make payment “under protest” and such payment shall not be regarded as a voluntary payment, and there shall survive the right on the part of said party to institute suit for recovery of such sum. If it shall be adjudged that there was no legal obligation on the part of said Party to pay such sum or any part thereof, said Party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this LICENSE.

25.20. No Recording. LICENSEE shall not record or permit to be recorded in the official records of the county where the Premises are located, this LICENSE, any memorandum of this LICENSE or any other document giving notice of the existence of this LICENSE or the license granted hereby.

25.21. Flagmen. Where applicable, as a part of or in addition to all other safety obligations, LICENSEE shall maintain, at LICENSEE’s expense, competent flagmen to protect and control movement of vehicles and equipment of LICENSEE or any other user of the Premises while upon the Premises, consistent with any applicable laws and regulations regarding work protection, including the rules and policies of SBCTA and/or any railroad operator having rights to utilize any affected or adjacent railroad tracks.

25.22. Additional Provisions. Those additional provisions set forth in Exhibit “D”, if any, are hereby incorporated by this reference as if fully set forth herein. To the extent that any additional provisions in Exhibit “D” conflict with the provisions contained in this Part II, Standard License Provisions, the provisions in Exhibit “D” shall control.

25.23. Counterparts. This LICENSE may be executed in counterparts, which constitute one document. The parties shall execute this LICENSE in duplicate and intend each countersigned original to have identical legal effect.
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25.24. Supersedure. That certain (Wire Line) (License) Agreement between ________________ (predecessor in interest to_______________) Document Number__________, and The Atchison, Topeka and Santa Fe Railway Company (predecessor in interest to Burlington Northern Santa Fe Railway Company)/Southern Pacific Company (predecessor in interest to Union Pacific Railroad) Document Number _____________, which was made and entered into on ______________ by and between LICENSEE and The Atchison, Topeka and Santa Fe Railway Company (predecessor in interest to Burlington Northern Santa Fe Railway Company) /Southern Pacific Company (predecessor in interest to Union Pacific Railroad), as predecessor in interest to SBCTA, together with all supplements, amendments, revisions and modifications thereto.
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EXHIBIT “A”

MAP/DIAGRAM/ DEPICTION OF PREMISES
164
165

EXHIBIT A

IMPROVEMENT PLANS
License No. 22-1002714
166

EXHIBIT A

IMPROVEMENT PLANS
License No. 22-1002714
167
1700 Carnegie Avenue, Suite 100
Santa Ana, CA 92705-5551
Phone: (949)270-9480
Fax: (949) 270-9481
PLANS PREPARED BY:

TRAFFIC SIGNAL GENERAL NOTES

CITRUS AVENUE AND CERES AVENUE

TRAFFIC SIGNAL IMPROVEMENTS

CITY OF FONTANA
INDEX OF SHEETS:

VICINITY MAP
U

EXHIBIT A

IMPROVEMENT PLANS
License No. 22-1002714
168

CITRUS AVENUE
(35 MPH)

PROPOSED PHASE DIAGRAM (QUEUE-CUTTER SIGNAL)

GROUP A GROUP B
Ø1 Ø2 Ø3 Ø4
RING 1
Ø5 Ø6 Ø7 Ø8
RING 2
NOT
USED
NOT
USED
QUEUE-CUTTER SIGNAL SEQUENCE:

NOT
USED
NOT
USED
NOT

USEDDUMMY

TRAFFIC SIGNAL CONSTRUCTION NOTES (THIS SHEET ONLY)
1700 Carnegie Avenue, Suite 100
Santa Ana, CA 92705-5551
Phone: (949)270-9480
Fax: (949) 270-9481

EXHIBIT A

IMPROVEMENT PLANS
License No. 22-1002714
169
City of Fontana SBCTA Contract No. 22-1002714
License Agreement
Citrus Avenue
EXHIBIT “B”

INSURANCE REQUIREMENTS FOR LICENSE AGREEMENT
170
171
172
173
174
175
City of Fontana SBCTA Contract No. 22-1002714
License Agreement
Citrus Avenue
EXHIBIT “C”

PERMITTED HAZARDOUS MATERIAL
No hazardous material is permitted to be used or stored on Premises. 176
City of Fontana SBCTA Contract No. 22-1002714
License Agreement
Citrus Avenue
EXHIBIT “D”

ADDITIONAL REQUIREMENTS
177
Exhibit "D"
Exhibit “D” - Additional Requirements SBCTA Contract No. 22-1002714 License Agreement – City of Fontana 1

ADDITIONAL REQUIREMENTS
The following Additional Requirements are imposed on the Tenant/Licensee/Permittee and all of its contractors, subcontractors, employees, laborers or other persons performing any work upon SBCTA property on behalf of Tenant/Licensee/Permittee, and are made part of the terms of the Lease/License/Permit to which this Exhibit D is attached (“Agreement”).

As used hereinafter, the term “Contractor” shall include the Tenant/Licensee/Permittee and each and every one of its contractors, subcontractors, employees, laborers, agents or other persons performing any work upon SBCTA property on behalf of Tenant/Licensee/Permittee; and the term “railroad operator” or “operating railroad” shall mean Southern California Regional Rail Authority (SCRRA), Burlington Northern Santa Fe Railroad Railway Company (BNSF) and/or any other railroad company or rail carrier having operating rights over rail lines owned or controlled by SBCTA.

Contractor shall fully comply with each and every one of the Additional Requirements below which is in any way applicable to the type of use, construction, installation or facility allowed under the Contractor’s Agreement and approved by SBCTA as required thereunder (“Permitted Use”). The inclusion of an Additional Requirement below that is not in any way applicable to the Contractor’s Permitted Use shall not imply any right, permission or consent to expand the Permitted Use in any way.

1. Contractor agrees to execute and deliver to each railroad operator prior to commencing any work within the rail right-of-way, a railroad Right of Entry Agreement which will include agreement to abide by each railroad operator’s rules and requirements for construction on railway property. Contractor shall secure approval from SBCTA and each railroad operator of the design of any structures and facilities prior to commencing work on their construction or installation.

2. Contractor will acquire and comply with any and all additional permits required by the railroad operator(s), affected public utilities and/or by any government agency having jurisdiction. Any permit fees, inspection fees, flagging fees, or costs associated with the use or maintenance of the Premise by any governmental agency, department, or organization, and any labor expenses for the installation or maintenance of any permitted improvements are the Contractor’s sole responsibility. Fully conformed copies of all permits are to be provided to SBCTA. Additional permits required of the Contractor may include but are not limited to encroachment permits, Storm Water Pollution Prevention Plans, environmental permits, temporary use permits, regulatory permits and third party utility permits. Contractors shall have all original executed agreements and permits on hand while on site and will present them on demand of representative of SBCTA and/or the railroad operator(s). Prior to the commencement of work, the contractor shall submit to SBCTA for review and approval, a description of the work process including a detailed schedule of all work activities to be carried out on SBCTA property.

SCRRA’s Right of Way Engineers Office - (909) 394 - 3418; BNSF’s Roadmaster Office - (909) 386 - 4061
178
Exhibit "D"
Exhibit “D” - Additional Requirements SBCTA Contract No. 22-1002714 License Agreement – City of Fontana 2

3. Contractor at its sole cost and expense shall obtain and maintain, in full force and effect, insurance, as required by SBCTA and the railroad operator(s) during the entire construction period. The Contractor shall furnish copies of the insurance certificates to SBCTA and all affected railroad operators.

4. Contractor agrees to comply with instructions of SBCTA and each railroad operator’s Employee-In-Charge (EIC) and other representatives in relation to the proper manner of protection of the tracks and the traffic moving thereon, pole lines, signals and other property of SBCTA or its member agencies, tenants or licensees at or in the vicinity of the work, and shall perform the work at such times as not to endanger or interfere with safe and timely operations of railroad operators or of SBCTA’s track and other facilities.

5. Contractor will call the appropriate operating railroad to arrange for flagging services a minimum of fifteen (15) working days prior to beginning work. Although every effort is made to accommodate schedules, prior notification does not guarantee the availability of protective/flagging services for the proposed date of work. The SCRRA/BNSF flagman/EIC has sole authority to protect safe railroad operations and infrastructure, therefore, only they and their representatives are permitted to perform flagging operations within the railroad right-of-way. At all times the contractor shall follow the flagman/EIC’s direction. Contractor’s work may not proceed in the absence of a flagman in accordance with applicable rules. At no time shall any contractor be permitted to cross any track or place or maintain any personnel or equipment within the railroad right-of- way without the permission of the railroad flagman.

SCRRA’s Flagging Office (213) 305-8424
BNSF’s Flagging Office (909) 386-4061

6. Prior to the start of construction and at the contractor’s expense, all personnel including subcontractors and third parties shall complete SCRRA’s/BNSF’s Third Party Safety Training course, which is required for all work near or within the railroad right-of-way.

Evidence of training must be supplied upon request of SBCTA and its representatives.

No work may commence on the railroad right-of-way until this training has been completed. The contractor shall make the necessary arrangements for each equipment operator to have constant and direct radio contact with their foreman. The foreman will in turn have constant and direct contact with the SCRRA/BNSF flagman/EIC.

7. Contractor shall be responsible for the location and protection of any and all surface, sub- surface, and overhead lines, structures and improvements. Contractor shall not damage, destroy or interfere with any existing encumbrances, licenses and rights (whether public or private), granted upon or relating to the railroad right-of-way. It shall be the Contractor’s responsibility to contact Underground Alert and locate all underground facilities prior to the commencement of construction. At the same time, the contractor shall notify the operating railroad for signal and communications cables and conduits mark-outs. Contractor shall obtain permission from the owners of any fiber optic, gas, electrical, water, oil or other lines which may be impacted by work on or any use of the Premises by Contractor.

SCRRA Signal Department (909) 592-1346
BNSF Signal Department (909) 386-4051
179
Exhibit "D"
Exhibit “D” - Additional Requirements SBCTA Contract No. 22-1002714 License Agreement – City of Fontana 3

8. In case of signal emergencies or grade crossing problems, the contractor shall call the following emergency numbers.

SCRRA Signal Emergency Department (888) 446-9721
BNSF Signal Emergency Department (909) 386-4051

9. Contractor shall prepare and submit traffic control plan for SBCTA/SCRRA approval for projects that will affect vehicular traffic at an existing highway-rail grade crossing.

10. If SBCTA or any of its associated rail entities or railroad operators deem it necessary in the future, to modify, or to build additional, track or tracks or other facilities in connection with the operation of its railroad, at the request of SBCTA, contractor shall modify, at its own expense, any or all of its permitted facilities to conform to the rail facilities.

11. Both Contractor and SBCTA acknowledge that the Premises is Licensed in “AS IS” condition and any track removal, grading, paving and fencing as may be necessary or required to meet Contractor’s needs will be the sole responsibility and at the sole cost of the Contractor and subject to SBCTA’s and any affected operating railroad’s prior review and approval, which may be withheld in SBCTA’s or the affected operating railroad’s sole and absolute discretion. SBCTA or the affected operating railroad may require that any track removal and/or other work within the right-of-way be done by SBCTA or the railroad operator, respectively, but all such work shall remain at the sole cost of the Contractor, who may be required to deposit the estimated cost plus 25% in advance of the work, subject to refund or additional charge at the conclusion of the work. No permanent structures may be constructed on the premises without SBCTA’s prior written approval. Contractor will be responsible for the removal of any or all permitted improvements upon termination of Agreement as directed by SBCTA.

12. Contractor shall pay for any and all utilities for its benefit, security and use.

13. SBCTA makes no warranties as to the suitability of the location for Contractor’s intended use, and Contractor assumes all risks as to environmental compliance, zoning, visibility, or any other factors which may affect Contractor’s intended use of the premises.

14. Boring of carrier or direct burial utilities by directional boring methods is prohibited.

15. Signs are not permitted on or along the perimeter of the Premises unless such signs were requested and approved under Contractor’s original proposal and covered by the required insurance. The contractor shall install permanent signs identifying the location of pipes at the edge of the railroad right-of-way unless within a public grade crossing.

16. Contractor shall not bring upon or use any import soil on the Premises in conjunction with any purposes allowed under this Agreement, until said import soil has been laboratory tested by a certified hazardous waste testing laboratory and the test results have been approved by SBCTA. Additionally, any soil currently existing on the Premises may not be spread on the Premises unless and until it is characterized as clean soil to the reasonable satisfaction of SBCTA. All soil piles are to be placed on a barrier to prevent intermingling with surface soils.
180
Exhibit "D"
Exhibit “D” - Additional Requirements SBCTA Contract No. 22-1002714 License Agreement – City of Fontana 4

17. Contractor shall keep the Premises free and clear of weeds, trash, vegetation, unauthorized vehicle parking and graffiti and from occupancy by transients/homeless persons or individuals. Contractor shall be fully responsible for all maintenance and maintenance of adjoining SBCTA property that is required or necessary in connection with Contractor’s use of Premises.

18. Prior to commencement of construction, the contractor shall submit to SBCTA / SCRRA a plan showing the proposed method of casing installation, construction access, stockpile locations, SWPPP control measures, fencing type and location and a milestone schedule.

19. For pipelines carrying flammable or hazardous materials, the contractor shall adhere to special conditions stated in the Right of Entry (ROE) Agreement.

20. The jacking and receiving pits shall be constructed outside of the railroad right of way unless shown on the SBCTA approved plans and shall not be located between any track and the automatic signal gate arms. The contractor shall layout the proposed jack and bore pits prior to the commencement of work. Only after the SBCTA/SCRRA inspector has approved the layout will the Contractor be allowed to begin work.

21. Contractor shall construct a temporary fence along the railroad right–of-way, or along the edge of pits closest to the track, on both sides of the pit, extending 50-feet in both directions from the pit, and measuring a minimum of 6-feet high. Fences are not required for work at grade crossings. Contractor shall pave the Premises area with asphalt or concrete, when requested, around the entire perimeter of the property as described in the Agreement in Part I and Exhibit “A”. Contractor shall be responsible for total expense of fencing and asphalt.

22. All jack and bore operations within the railroad right-of-way shall be performed continuously on a 24-hour basis until work is completed with a SCRRA/BNSF flagman and SCRRA/BNSF inspector present at all times. Should work begin without the flagman and inspector present, the work will be halted and any casing installed will be abandoned in place, pressure grouted full, and capped to the satisfaction of SBCTA.

23. The contractor shall submit to SBCTA/SCRRA for review, drawings and calculations for any shoring that may affect or be influenced by the railroad tracks. All shoring designs shall comply with the requirements of, and be approved by, SBCTA and/or the affected operating railroad. All drawings and calculations shall be signed and stamped by a California licensed Civil or Structural Professional Engineer.

24. Prior to commencement of work, the contractor shall submit to SBCTA/SCRRA for review, load calculations for the proposed jacking casing with applied load as defined by Cooper E-80 with a 50% added impact load. The calculations shall be signed and stamped by a California licensed Civil or Structural Professional Engineer.

25. Should ground water or loose or unstable soils conditions be encountered during construction, the contractor shall immediately stop work, notify the railroad flagman, provide necessary structural support to track and other railroad structures, and notify the affected operating railroads and SBCTA. It shall be the responsibility of the contractor to make necessary corrections to the construction process to allow for said conditions.

26. All underground utilities under railroad tracks shall be encased in a larger pipe or conduit called the “casing pipe”. Said casing pipe shall be installed across the entire width of the 181
Exhibit "D"
Exhibit “D” - Additional Requirements SBCTA Contract No. 22-1002714 License Agreement – City of Fontana 5
railroad right-of-way and shall extend beyond the right of way a minimum of 10-feet. The top of the casing shall have a minimum depth of 6-feet below the top of tie and a minimum depth of 5-feet below ground surface including bottom of ditches and other low points within the railroad right-of-way. All ends of the casing pipe shall be sealed unless otherwise authorized by SBCTA. Casing and carrier pipes shall be constructed to prevent leakage of any substance. When casing pipes are sealed at each end, vent pipes shall be installed. All casing pipes shall be installed with a minimum slope of 1%. Installation of casing pipes by open trenching is prohibited.

27. Abandoned pipes shall be removed from their casing pipes. The empty casing pipe shall be pressure grouted full for the entire length of the pipe. Should there be no casing pipe; the abandoned pipe shall be pressure grouted full the entire length of the pipe. A SBCTA / SCRRA inspector must be present during the grouting process.

28. Casing jacking shall adhere to the following requirements:
a. This method shall be in accordance with the American Railway Engineering and Maintenance of Way Association recommended practices, Volume 1, Chapter 1, Part 4, “Earth Boring and Jacking Culvert Pipe Through Fills.” This operation shall be conducted without hand-mining ahead of the pipe and without the use of any type of boring, augering, or drilling equipment.
b. Bracing and backstops and jacks shall be designed and used with sufficient rating so that the jacking can progress without stoppage (except for adding lengths of pipe) until the leading edge of the pipe reaches the receiving pit. c. During jacking, an earth plug 1.5 times the diameter of the casing shall be maintained at all times. Jacking operations shall be continuous on a non-stop, 24- hour per day basis until the jacking operation is completed.

29. Casing boring shall adhere to the following requirements:
a. This method consists of pushing the pipe into the fill with a boring auger rotating within the pipe to remove the spoil. When augers or similar devices are used for casing replacement, the front of the pipe shall be provided with mechanical arrangements or devices that will positively prevent the auger from leading the casing so that there will be no unsupported excavation ahead of the casing. The auger and cutting head arrangement shall be removable from within the pipe in the event an obstruction is encountered. The over-cut by the cutting head shall not exceed the outside diameter of the pipe by more than one-half inch. The face of the cutting head shall be arranged to provide reasonable obstruction to the free flow of soft or poor material.
b. The use of water or other liquids to facilitate casing placement and /or spoil removal is prohibited.
c. Plans and descriptions of the auger stop arrangement to be used shall be submitted to SBCTA / SCRRA for approval prior to commencement of work. 182
Exhibit "D"
Exhibit “D” - Additional Requirements SBCTA Contract No. 22-1002714 License Agreement – City of Fontana 6
d. Any method which employs simultaneous boring and jacking or drilling and jacking for pipes over 8-inches in diameter that does not adhere to the above requirements will not be permitted. For casings 8-inches and smaller in diameter, augering or boring without the same requirements may be considered if approved by SBCTA/SCRRA.

30. If an obstruction is encountered during installation of the casing pipe that will stop the forward action of the pipe, and it becomes evident that it is impossible to advance the pipe, operations will cease and the pipe shall be abandoned in-place and pressure grouted full before continuing with work. Location, length, and depth of abandoned casing pipes and carrier pipes shall be shown on the as-built drawings.

31. Bored or jacked installations shall have a bored-hole diameter essentially the same as the outside diameter of the casing plus the thickness of the protective coating. If voids should develop or if the bored-hole diameter is greater than the outside diameter of the casing pipe, plus coating, by more than approximately 1-inch, grouting or other methods as approved by SBCTA/SCRRA shall be employed to fill such voids.

32. Pressure grouting of the soils before or during jacking or boring may be required to stabilize the soil, control water, prevent loss of material, and prevent settlement or displacement of the ground and/or tracks. Grout shall be cement, chemical or other special injection material selected to accomplish the necessary stabilization. The grouting contractor shall be a specialist in the field with a minimum of 5-years continuous experience of successfully grouting soil. Materials to be used and the method of injection shall be prepared by a California licensed Geotechnical Engineer, or by an experienced and qualified company specializing in this work and submitted for approval by SBCTA/SCRRA prior to the commencement of work. Proof of experience and competency shall accompany the submission.

33. When water is known or expected to be encountered, pumps of sufficient capacity to handle the flow shall be maintained at the site and be constantly attended operationally on a 24- hour per day basis until the SBCTA/SCRRA inspector determines their operation can be safely halted. When dewatering, close observation shall be maintained to detect any settlement or displacement of track, ground, or facilities.

34. The dewatering system shall lower and maintain the ground water level a minimum of 2- feet below the invert at all times during construction by utilizing well points, vacuum well points, or deep wells to prevent the inflow of water or water and soil into the heading.

Ground water observation wells may be required to demonstrate that the dewatering requirements are being complied with.

35. The proposed methods of dewatering shall be submitted to SBCTA/SCRRA prior to the commencement of work. The discharge from the dewatering operations in the vicinity of the railroad shall be carefully monitored. Should excessive fine soils particles, pollutants, or hazardous materials or fluids be observed at any time during the dewatering process, the dewatering shall be halted immediately and cannot resume until the unsatisfactory condition is remedied to the satisfaction of the SBCTA/SCRRA inspector. 183
Exhibit "D"
Exhibit “D” - Additional Requirements SBCTA Contract No. 22-1002714 License Agreement – City of Fontana 7

36. All backfilling shall be at 90% relative dry compaction. For areas within or that affect the railroad right-of-way, the contractor shall submit a compaction report prepared by a California licensed Geotechnical Professional Engineer prior to release of any deposited fund balance.

37. The Contractor shall remove all temporary facilities constructed on the railroad right-of- way, debris, and other items not originally at the site prior to construction and shall notify SBCTA and any affected operating railroad that all construction has been completed. After as-builts have been received, SBCTA inspects the construction site and signs-off the work, SBCTA will release any unused deposit funds it holds. Contractor shall be responsible to arrange refunds due from any affected operating railroads.

38. A minimum of five feet (5’) clearance is required above signal and communication lines for overhead crossings.

39. Poles for any use within the railroad right-of-way must be located fifty-feet (50’) out from the centerline of the railroad main, branch and running tracks, CTC sidings, and heavy tonnage spurs. Pole locations adjacent to industry track must provide at least a ten foot (10’) clearance from the centerline of track, when measured at right angles. If located adjacent to curved track, then said clearance must be increased at the rate of 1.5 inches per degree of curved track.

40. Regardless of the voltage, un-guyed poles shall be located a minimum distance from the centerline of any track, equal to the height of the pole above the ground–line plus ten feet (10’). If guying is required, the guys shall be placed in such a manner as to keep the pole from leaning/falling in the direction of the tracks.

41. Poles must be located a minimum distance from the railroad signal and communication line equal to the height of the pole above the ground-line or else be guyed at right angles to the lines. High voltage towers (34.5 kV and higher) must be located off railroad right- of-way.

42. Grade crossings or temporary grade crossing must not be installed under or within five- hundred feet (500’) of the end of any railroad bridge, or three hundred feet (300’) from the centerline of any culvert or switch area.

43. For overhead crossings, complete spanning of the property is encouraged with supportive structures and appurtenances located outside of the railroad property. For electric supply and communication lines, normally the crossing span shall not exceed one-hundred fifty- feet (150’) with adjacent span not exceeding 1.5 times the crossing span length. For heavier type construction, longer spans will be considered.

44. To ensure that overhead crossings are clear from contact with any equipment passing under such wires, communication lines shall be constructed with a minimum clearance above top of rail of twenty-eight feet (28’).. Electric lines must have a fluorescent ball marker on low wire over centerline track.

45. The utility owner will label the poles closest to the crossing with the owner’s name and telephone number for emergency contact.

46. Overhead flammable and hazardous material lines are prohibited. 184
Exhibit "D"
Exhibit “D” - Additional Requirements SBCTA Contract No. 22-1002714 License Agreement – City of Fontana 8

47. Because inductive interference from certain types of lines have the potential to disrupt the railroad signal and communication systems causing failures with the signals, communication, and at-grade crossing warning devices, . SBCTA may require that an inductive coordination study be performed prior to approval of the permitted use at the expense of the utility owner for proposed electrical lines crossing tracks.

48. Joint-use construction is encouraged at locations where more than one utility or type of facility is involved. However, electricity and petroleum, natural gas or other flammable materials shall not be combined.

Contract SBCTA
Initials
185
Entity: San Bernardino County Transportation Authority
Minute Action
AGENDA ITEM:

Date: March 31, 2022
Subject:
22-1002714 License Agreement - City of Fontana
Recommendation:

Under Executive Director Authority, pursuant to Policy No. 31602, execute License Agreement No. 22-1002714 between San Bernardino County Transportation Authority and City of Fontana for traffic signal and ADA compliant improvements, and approve City of Fontana self-insured retention amounts in excess of $500,000, under Executive Director Authority pursuant to Policy No. 11000 for License Agreement No. 22-1002714. The license agreement has an annual Administration Fee to be billed in the amount of $1,200 starting January 1, 2023 and each January 1st thereafter.

Background:

Pursuant to Rail Property Policy No. 31602, the Executive Director has the authority to approve and execute Grants of Use within the San Bernardino County Transportation Authority (SBCTA) right-of-way, on forms approved by the Board of Directors, or as approved by General Counsel.

The policy requires that the Executive Director make certain findings prior to executing any grant of use, see attached document titled Executive Director Findings.

The City of Fontana desires to signalize the intersection of Citrus Ave and Ceres Ave, located approximately 300' south of the Citrus Ave Highway-Rail Crossing on the Southern California Regional Rail Authority (SCRRA) San Gabriel Subdivision at milepost (MP) 48.17 and has entered into a Design Services Agreement with SCRRA to have SCRRA develop railroad signal design plans for all railroad signal and communication facilities to support the City's project with a queue cutter at the crossing. The City of Fontana has requested this License Agreement to install queue cutter improvements appurtenant to the traffic signal at Citrus Ave and Ceres Ave and ADA compliant improvements at the intersection of Citrus Avenue and the San Gabriel Subdivision in the City of Fontana. The allowable improvements within SBCTA’s San Gabriel Subdivision include installation of four (4) traffic signal poles, including signage on signal poles and appurtenant equipment and installation of a new service pedestal on the southwest corner of Citrus Avenue at the railroad crossing, with underground conduit to communicate with a queue cutter signal. Additionally, ADA compliant detectable warning surface will be installed at the four locations where sidewalk crosses the tracks. The California Public Utilities Commission's and SCRRA's preference is to locate crossing protection gates within 15' of the tracks in order to minimize the crossing distance within the protected area, consequently at such time that the San Gabriel Subdivision is improved to utilize double tracks at this crossing the crossing protections will need to be relocated.

Pursuant to Policy 11000, the Executive Director has authority to approve self-insured retentions and deductibles up to the stated insurance requirements for government agencies such as the City of Fontana. The Certificate of Coverage provided by the City of Fontana identifies that the City carries a $1 Million Dollar Self-Insured Retention on all lines of coverage, which is in excess of the authority delegated to SBCTA's Risk Manager and Director of Special Projects and Strategic Initiatives and requires approval pursuant to Executive Director authority. 186
Executive Director Approval Requests Agenda Item
March 31, 2022

Page 2 ends

Fontana City CouncilApril 12, 2022

Fontana City Council
April 12, 2022